Montreal Protocol

The montreal protocol on Substances that Deplete the Ozone Layer is the international environmental agreement designed to protect the stratospheric ozone layer, which shields the earth's surface from radiation in the ultraviolet spectrum. An increase in the intensity of UV-B rays reaching the surface may augment skin cancer rates in humans, decrease plankton production in the oceans, and negatively affect agricultural production throughout the world.

The Montreal Protocol, as it is often referred to in short, provided the framework for phasing out the production of the main ozone depleting chemicals (chlorofluorocarbons [CFCs], halons, carbon tetrachloride, methyl chloroform, hydrofluorocarbons, and methyl bromide). These chemicals were widely used as refrigerants, coolants, aerosol propellants, and industrial solvents.

CFCs were invented in 1928 by Thomas Midgley, Jr. (who also invented the lead additive to gasoline) and were applied widely due to their low costs of production and desirable chemical properties. Global annual reported production of CFCs rose from 544 tons in 1934 to 812,522 metric tons at the height of their use. In 1974, Mario J. Molina and F. Sherwood Rowland published a research paper highlighting the threat of CFCs to the ozone layer in the stratosphere. Their testimony before the U.S. House of Representatives in December 1974 led to a review by the National Academy of Sciences that confirmed the scientific validity of their CFC hypothesis.

In March 1978 the United States, followed by Canada, Norway, and Sweden, banned the use of nonessential aerosols. A number of international scientific conferences were held to study the consequences of ozone depletion. Under the leadership of the United Nations Environmental Programme (UNEP), an ad hoc working group began to negotiate a convention on research, monitoring, and data exchange in 1982.

In March 1985, 43 nations convened in Vienna to complete work on the first international ozone convention, which was later titled the “Vienna Convention.” This nonbinding convention requested participating nations to “take appropriate measures” to protect the ozone layer, but more importantly called for renegotiations for a binding agreement.

Two months later, British scientists published data that showed a seasonal “hole” in the ozone layer over Antarctica. The first round of negotiations for a binding protocol were held in Geneva in December 1986, and after two more rounds of negotiations in Vienna and Geneva, the final version of the protocol was opened for signature in Montreal on September 16, 1987. The document is widely recognized as setting a precedent for preventive instead of corrective environmental action on a global scale.

The Montreal Protocol is considered by many as “perhaps the single most successful international agreement to date” (Kofi Annan, Secretary General of the United Nations). What ultimately led to the tremendous success of the negotiations for the final [Page 1165]agreement is debatable. The negotiations were expertly directed and greatly influenced by the executive director of UNEP, Dr. Mostafa Tolba.

As Richard Benedick, the chief negotiator for the United States, argues in his seminal account of the negotiations, there were seven components that made a consensus possible. First, the powerful scientific discovery of the underlying chemical process was supplemented by successful collaboration between scientists and policy makers. Second, powerful education campaigns informed public opinion and governments, which resulted in changing negotiation positions for several countries. Third, the role of a multilateral institution (UNEP) in shaping consensus reflected a great degree of sensitivity to individual parties' interests. Fourth, the progressive policies by the major producer of ozone depleting substances, the United States, combined with its central role in international research and leading the way by adopting voluntary controls, provided a strong push toward international consensus. Germany was essential in solidifying the European Union's support of the agreement. Fifth, the involvement of industry and environmental groups played a major role in informing the public and negotiators about the costs and benefits from reduction in CFC production. Sixth, the process leading up to the final negotiations broke the larger issue into manageable pieces (e.g., scientific versus economic issues), which proved to be crucial in obtaining consensus. Finally, the Montreal Protocol has flexible components that allow its adaptation to new scientific and economics findings.

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