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Originally published in 1996. The Montreal Protocol on Substances that Deplete the Ozone Layer is one of the most effective multilateral environmental agreements currently in existence. Established to control the production and consumption of CFCs and other ozone-depleting chemicals, the Protocol is an important example of an agreement which places restrictions on international trade in the interests of the global environmental – a feature which may become common in future treaties.

This report examines the development, effectiveness and future of the trade provisions of the ozone regime, concluding that they have contributed significantly to its success in attracting signatories and in limiting ozone depletion. Issues considered include the compatibility of the trade provisions and the GATT, trade restrictions and developing countries, and the new problems of non-compliance and illegal trade in CFCs.

Preface ix
Acknowledgments xiii
Abbreviations xv
Summary xvii
1 International trade and the environment
1(4)
2 Protecting the ozone layer
5(34)
2.1 The holes in the layer
5(5)
2.2 Ozone diplomacy
10(3)
2.3 Control measures on ozone-depleting substances
13(5)
2.4 Developing countries and the Multilateral Fund
18(5)
2.5 Institutions and procedures
23(3)
2.6 The impact of the ozone regime
26(13)
3 Trade and the Montreal Protocol
39(26)
3.1 Trade restrictions between parties
39(5)
3.2 Trade restrictions between parties and non-parties
44(7)
3.3 The aims and effectiveness of the trade provisions
51(8)
3.4 The application of the trade provisions
59(2)
3.5 Conclusion: the importance of the trade provisions
61(4)
4 The Montreal Protocol and the world trading system
65
4.1 GAIT and the environment
65(2)
4.2 GATT and the Montreal Protocol
67(5)
4.3 GATT and the Montreal Protocol: areas of incompatibility
72(9)
4.4 Conclusion: resolving the incompatibilities
81
Duncan Brack