The ozone depletion is a very dangerous problem because it affects animals, plants and human beings. As it is a serious problem in the international community, the International Environmental Law (IEL) contains some rules that deal with the protection of the international environment. In addition, this problem may cause some serious health problems such as cancer.
Nowadays, most people know about this issue. However, we do not know what are the reasons and effects of this problem and what are the obligations on the international community to decrease the effects of this problem. Therefore, we are discussing the Ozone layer, its depletion, the causes and results of this depletion, the Contribution of Chlorofluorocarbons to the Stratospheric Ozone, the Elements of the Ozone Depletion Regime and the Role of the State of Qatar regarding this issue in this term paper. We should first talk about the International Environmental Law in general. This will give you an introduction to the definition of the law of the international environment, its history and also about the objects of this law which is one of the subjects of the International Law (IL).
The International Environmental Law (IEL) definitions
The International Environmental Law contains substantive, procedural and institutional rules which mainly deal with the protection of the environment. The development of international environmental issues was inverted in big group of principles and rules of international environmental law which apply bilaterally, regionally and globally, and reflects international interdependence.
From the above definition, we can extract that the (IEL) is a group of principles and rules that regulate and organise the international environmental issues which especially are dealing with the protection of the environment. Therefore, this law mainly concerns about how to maintain the international environment, keep it clean and clear for the future generations.
The two categories for the environmental priorities
The United Nations Conference on Environment and Development (UNCED) provided that there are two categories for the environmental priorities as follows:
Those related to the protection of various environmental media. For examples: protection of the atmosphere and protection of land resources.
Those related to the regulation of particular activities or products. For examples: agricultural practices and toxic chemicals.
The objects and purposes
The International Environmental Law was issued to regulate the conducts of the biosphere (living beings) for the protection of air, land and sea environment, and also to regulate the development of any fields that may deal directly or indirectly with the environmental issues in the world.
There are some objects and purposes of the (IEL):
The protection of the natural resources of the earth.
The conservation of basic natural elements.
The obligation of serving the general interest of humanity.
The protection of present and future generations.
The prohibition of using nuclear weapons that affect the living beings in wars.
The view of Islamic civilisation
The view of the Islamic civilisation according to the International Environmental Law book stated that: "The Islamic principles envisage the protection and the conservation of basic natural elements. Each generation is entitled to use nature without disrupting or upsetting the interests of future generations.
Thus, protection, conservation and development of environment and natural resources are mandatory religious duties to which every Muslim should be committed. Moreover, any deliberate or intentional damage to the natural environment and resources is forbidden by Islam."
The history of IEL
International Environmental Law has evolved over at least four distinct periods:
The First Period: The first period began with the fishermen treaties and it ended with the establishment of the new international organisations (IOS) in 1945. During this period, the people did not understand the importance of exploiting the natural resources in a way using it without harming the environment.
The Second Period: The second period began with the creation of the United Nations (UN) and it ended with UN Conference on the Human Environment which was held in Stockholm in June 1972. During this period, a range of international organisations (IOS) with competence in environmental matters was created at both the regional and global level. These (IOS) were concerned on the sources of pollution and the environmental resources.
The Third Period: The third period began with the 1972 Stockholm Conference and it ended with the United Nations Conference on Environment and Development (UNCED) in June 1992.
During this period, the UN tried to put in place a system for:
A) Coordinating responses to international environmental issues.
b) The protection, consumption and international trade at the global level.
The Fourth Period: The fourth period was set in motion by UNCED, may be characterised as the period of integration. In this period, the environmental obligations upon states were considered to be as a best means to integrate all the environmental activities on the international plane.
Depletion of the ozone layer
The ozone layer is a layer in the earth atmosphere specifically in the stratosphere layer. This layer filters the ultraviolet radiation that is coming from sunlight, and the function of this layer is to protect the earth and its inhabitants from the harmful radiation.
The ozone gas (O3) is composed of three atoms of oxygen gas and this gas helps in maintainING the earth temperature and protecting from heating and radiations that comes from the sunlight.
So in this part, we will mention some of the causes that creating this problem, and the results that coming from the occurrence the Ozone Depletion in the following points.
Causes of the ozone depletion
There are some reasons that creating the depletion of the ozone layer, the common and special thing between these reasons is that most of them are Chemical Substances. These substances affect in the ozone layer by spreading through the air to this layer. So in this situation, these chemical substances deplete and create a hole in the stratospheric ozone. The harmful dosages of ultraviolet radiation will directly reach the earth through this hole that created by depleting the ozone layer through these chemical substances.
So, we will mention some of the common chemical substances that deplete the ozone layer, and they are called as the Ozone Depletion Substances (ODS), as follows:
Ozone is highly reactive, though, and can be destroyed by complex chemical reactions involving chlorine, bromine nitrogen and other elements.
CFCs and halons were the first materials proved by scientists to deplete the ozone layer.
Carbon tetrachloride and methyl chloroform are also known depleters of the ozone.
Most recently, scientists discovered that even hydrochloro-flourocarbons, previously thought a safe alternative to CFCs, also deplete the ozone."
Therefore, these types of chemical substances are prohibited for using in any country by the International Community, but that does not mean the countries can not use these Ozone Depletion Substances (ODS) at all. So, the only thing relating to this is that the countries can use these chemical substances but with some regulations that dealing with the way and the reason of using these substances for their industries.
Results of the ozone depletion
The results of the ozone depletion will come when the ultraviolet radiation reach the earth surface. So, the most dangerous radiation that coming from the sunlight is the ultraviolet radiation for ultraviolet radiation reaches the atmosphere in a range of varying wavelengths. The shorter the wavelength, the greater the harm caused by the radiation. According to this, we focus more on the effects that coming from this type of radiations that coming from the sunlight through the ozone hole.
For that, there are several effects for the ultraviolet radiation that radiates from the sun, mentioning some of them as follows:
One of the causes of the skin cancer when the skin is exposed directly to this radiation.
Increasing the temperature of the earth and as a result increasing the volume of the water on the earth.
It may burn our skins and in this situation it will create a serious health problem.
The adverse effects are increased levels of skin cancer and eye cataracts, crop damage, and harm to the marine food chain, including fisheries.
There are some scientists who concluded that the increased radiation could eventually induce genetic mutations and a weakening of the immune system.
Talking about this issue is very important nowadays since it becomes as one of the International problems, and its effect is not only on human beings, but also on all living beings such as animals and plants. So, we must note that "unless we stop this trend soon, we are going to suffer serious damage." In addition, these results are very dangerous if it increasingly happen because these results are not only affecting upon individuals in states, but also it is affecting upon all the International society and also upon our generations. So, we must find the solutions to decrease these results from occurrence in the future.
The Contribution Of CFC's To The Stratospheric Ozone Depletion
In the 20th century, the Ozone layer has been threatened by human-made chemicals such as (Chlorofluorocarbons) which are used in air conditioners and refrigerators, this chemical is in the form of gas that rises in the air and reaches the atmosphere to destroy the ozone layer. This damage in the ozone layer is called the "ozone depletion". Once the ozone depletion occurs, the radiated ultraviolet from the sun will penetrate the earth and causes the effects which were mentioned previously.
So, we must first discuss about the stratospheric ozone, after that what we mean by the term "CFC's", then the contribution of CFC's to the stratospheric ozone depletion in the following points.
The Stratospheric Ozone
The stratospheric ozone is a layer of gas surrounding the earth that filters dangerous ultraviolet radiation from the sun. There are some common chemicals substances that affect upon the atmosphere of the ozone layer, chlorofluorocarbons (CFCs) and other ozone-depleting chemicals (ODCs), deplete this layer.
So, the importance of this layer is that it protect us from the harm radiations that coming from the sun to the earth surface, this protection means that the layer does not allow for these harm radiations to cross it and reach the earth surface. In addition, one of the most dangerous chemical substances that deplete this layer and create what is called the ozone hole is CFC's.
What We Mean By The Term "CFC's"
CFC's is the abbreviation of the term (Chlorofluorocarbons); "CFCs are synthetic compounds of chlorine, fluorine, carbon, and sometimes, hydrogen. They are an industrial ideal: nontoxic, nonflammable, versatile, and economical." This chemical substance is man-made and does not occur naturally. So, in legal point of view, we must know that the International Community must deals seriously with the prohibition of using and madding this chemical substance by any subject of International Law whether individuals, states, or both, to at least reduce the depletion of ozone problem in the future.
Furthermore, in industrial point of view, the uses of CFC's were greatly expanded in the 1960s; the most important productions of CFC's were "CFC-11 which was used to make plastic foams and CFC-12 which was used for automobile air conditioning. Most recently, CFC-113 has been used as a solvent in the manufacture of electronic components and computer chips."
The Contribution Of CFC's To The Stratospheric Ozone Depletion
The amount of the stratospheric ozone is normally maintained in relative equilibrium as a result of a dynamic balance between formation and destruction processes. Ozone is formed when ultraviolet radiation breaks molecular oxygen (O2) into oxygen atoms (O), the latter then combining with molecular oxygen to form ozone (O3). On the other hand, ozone is destroyed when it absorbs damaging ultraviolet radiation (DUV). DUV causes an oxygen atom to dissociate. Dissociation of the oxygen atom is not a true destruction process because almost all freed oxygen atoms quickly recombine with molecular oxygen to again form ozone (O3). Once CFCs reach the middle and upper stratosphere, the ozone layer no longer shields them from ultraviolet radiation. As a result, ultraviolet radiation breaks down the CFCs, thereby releasing chlorine atoms, or bromine atoms in the case of halons. The chlorine and bromine released in the stratosphere catalyze the destruction process, repeatedly combining with and breaking apart ozone molecules (O3).
Consequently, the ozone layer will become weak and that because of the CFC's which catalyze the destruction process of the molecular ozone (O3); so in this situation, the ozone layer is no longer to prevent the Ultraviolet radiations from crossing it and reaching the earth surface and produce the results which previously mentioned. In short, the existence of the CFC's in the ozone stratosphere will catalyze the destruction process of the ozone molecules and give the ultraviolet radiations the opportunity to cross this layer because it become no longer to protect the earth from these radiations which are coming from the sunlight.
Elements Of The Ozone Depletion Regime
The ozone depletion system contains of the following elements which are the follows:
The Vienna Convention for the Protection of the Ozone Layer in (1985). 2) The Montreal Protocol on Substances that Deplete the Ozone Layer in (1987).
The main institution that facilitates the formation and managing the changes of the regime is acting by the United Nations Environment Program (UNEP). So, there is a convention for the protection of ozone layer adapted in Vienna in 1985 by the United Nation environmental program. In this convention, the united nation provided framework for observing and learning about ozone layer to resolve this problem. But, this convention did not mention anything about how to control this problem or the substances that causes depletion in the ozone layer. Shortly after the Vienna Convention, in 1987 countries adopted a protocol which is the Montreal Protocol to provide such controls over the chemical substances that deplete the Ozone layer.
So, in this regard, we will focus on these two elements of the ozone depletion regime in some details for each element to recognize the difference and the importance of these two elements regarding to this regime.
The Vienna Convention For The Protocol On The Ozone Layer (1985)
Preamble of the Vienna Convention mentions that human health and the environment must be protected against adverse effects resulting from modifications of the ozone layer. The adverse effects are defined according to this Convention as changes in the physical environment, including changes in the climate, which have significant deleterious effects on human health or ecosystems; so, this definition makes it clear that the Convention seeks to address only (significant) adverse effects on human health and the environment. "Thus, the main purpose of this framework convention was to fill the gap and to produce hard evidence of the dangerous nature of chemical substances such as Chlorofluorocarbons (CFC's)".
According to the part one of article (2) of this convention which provided that: " 1- The parties shall take appropriate measures in accordance with the provisions of this convention and of those protocols in force to which they are party to protect human health and the environment against adverse effects resulting or likely to result from human activities which modifying or likely to modify the ozone layer".
The Montreal Protocol On Substances That Deplete The Ozone Layer (1987)
The Preamble of the Montreal Protocol recognizes that "the emission of certain substances can significantly affect the ozone layer in a manner likely to cause adverse effects on human health and the environment". This Protocol is more strictly than the Vienna Convention in the issue of the use of the dangerous chemical substances. These substances are not related only to CFC's as in the Vienna Convention, but also to the halons. So, the Montreal Protocol is different from the Vienna Convention in the determining of the Ozone Depletion Substances (ODS).
The Montreal Protocol was adopted after two years of the adoption of the Vienna Convention because this convention did not mention any thing about how to control this problem or the substances that causes depletion in the ozone layer. So, in 1987, countries adopted this Protocol which provides such controls on the chemical substances that deplete the Ozone layer. In addition, this protocol was amended in 1990, 1992, 1994, 1995 and 1997 and this amendment was to add some chemicals, which were considered to deplete the Ozone layer, to the previous list that was put in 1987.
We can conclude that the Ozone depletion Regime is significant for several reasons: 1) The regime was, for the first time, adopted in an international treaty governing an environmental problem. 2) This regime gave the disparity between developed and developing countries. 3) This regime adopts differing standards; one of these standards is a grace period for developing countries to comply with their obligations under the Protocol. 4) An international fund was established to assist developing countries to meet their obligations.
The Role Of The State Of Qatar Regarding To The Protection Of The Environment
The state of Qatar has a very important regard to this issue, article (33) of the Qatari Constitution provided that: "The State acts to protect the environment and its natural stability, working out for the comprehensive and permanent development for all generations." According to this provision, the State of Qatar, in general, has the obligation to make a control over its environment to make it clear and clean.
Also, the Qatari legislator establishes a new local law which concerns about the controlling over the materials that deplete the ozone layer, and this law is established according to the Vienna Convention for the protection of the ozone layer and protocol in which the state of Qatar is a member of. This law has the provisions that directly deal with the issue of the ozone depletion and the forbidden materials that affect in the ozone layer. So, the State of Qatar has a very important role in this regard.
The Conclusion:
The problem of Ozone Depletion will affect on the living and human beings and it has been considered as International Problem. So, this issue must be resolved by the collective wills that should come from the subjects of the international community. In this regard, the convention for the protection of the Ozone layer puts some general obligations upon signed states to solve this dangerous problem that may affect upon the next generations in the future. These obligations must apply on the territories of the parties' convention.
Furthermore, The international regime governing the ozone layer is significant for several reasons: It was the first time that the precautionary principle was adopted in an international treaty governing an environmental problem; given the disparity between developed and developing countries, this regime adopts differing standards, including a grace period for developing countries to comply with their obligations under the Montreal Protocol; and finally, an international fund was established to assist developing countries to meet their obligations.
Finally, to save the environment clear and clean, we must cooperate whether Individuals, states or both to regulate this issue to be resolved in the future. So, that will help our generations to live best life in their future lives.
By Mubarak Saad Al Hajri
© The Peninsula 2009
