Vienna Convention

THE VIENNA CONVENTION for the Protection of the Ozone Layer came into being in March 1985. The convention was developed initially out of recognition of the international concern over the loss of the ozone in the stratosphere. Subsequently, the Montreal Protocol in 1987 strengthened the convention, which was further adjusted and amended on June 29, 1990.

The concern over ozone was linked to attention to the observed phenomena of climate change. Eventually, the issue of the ozone appears to have been stabilized, and the issue of climate change evolved into a larger international concern.

The attention to the ozone issue relied on the scientific understanding of the effects of chlorofluorocar-bons in the context of the atmosphere. As a result of the interest in the subject, scientific research invested in developing increasingly complex models of the atmosphere to more accurately address climate issues.

Over time, concern over the issue of the loss of ozone in the stratosphere declined, as international efforts appeared to have improved the condition of the stratospheric ozone layer. Ozone levels in the troposphere continue to be a contributor to local pollution.

As the concern over stratospheric ozone declined, the broader concern over climate change that was noted in the convention continued and assumed a proportionately larger role. The improved science used to address the ozone issues then also became valuable in addressing the more complex climate change matter.

The development of the convention and climate change regulations through the United Nations Environment Programme has been closely associated with the science and models of the atmosphere. The science was addressed in related conferences and workshops including the Villach Conference in 1985. Eventually, the convention led to the formulation of the UN Framework Convention on Climate Change.

The preamble to the convention indicates the generally accepted views of the international community. This preamble mentions the relationship between the environment, its modification, and the potentially harmful effects on human health.

The awareness noted in the preamble is an acknowledgement that human activity can and does modify the environment. It also permits the recognition of the association between modifying the environment and its effect on human health itself. This awareness then establishes the possibility of regulating human activity.

Human activity is also associated with relevant scientific and technical considerations. There is then a recognized need for research and systematic observations into the phenomena. The use of science and technology is an important part of the convention and its implementation.

The intended result of the convention is twofold. First, the twin concerns are to protect human health and the environment. The particular focus then is the concern about adverse effects to both humans and the environment, which result specifically from modifications of the stratospheric ozone layer.

The convention is not concerned with all modifications of the ozone layer but only those that have adverse effects on human health and the environment. In fact, any modification of the ozone layer that has a positive effect on human health and the environment would be favorable. Under the definitions in Article 1, “adverse effects” refer to changes in the physical environment or biota, including changes in climate. The relevant changes are those that have significant deleterious effects on human health, on ecosystems whether natural or managed, and on “materials useful to mankind.”

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