International trade and the Montreal Protocol - Duncan Brack

The Montreal Protocol, which came into force on January 1, 1989, was established to protect human health and the environment against activities which modify, or are likely to modify, the ozone layer. It is widely cited as the most successful example to date of international environmental co-operation, and a model for progress on such issues as climate change. The Protocol makes significant use of trade measures against non-parties: parties are required to ban imports from and exports to non-parties of the various substances controlled by the Protocol.;This study examines the development of the Montreal Protocol, with particular attention to trade-related aspects. It looks at the compatibility of the Protocol with GATT and WTO regulation; looks at the possibilities of extending the controls and trade restrictions to cover products not containing, but manufactured with the use of, controlled substances, and the effectiveness of the agreements reached so far, and the extent to which trade restrictions are being adhered to - or evaded. It also considers which aspects of the Protocol are specifically attributable to the special characteristics of CFCs and other controlled substances, and which may be more general reference to future environmental agreements.