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Hastings International and Comparative Law Review

Authors

David D. Caron

Abstract

The Vienna Convention of 1985, the Montreal Protocol of 1987, and the London Amendments and Adjustments of 1990 constitute an international response to the problem of the depletion of the ozone layer by chloroflourocarbons. This Article describes the organization of parties under this international framework, and discusses the adoption of reduction schedules with delayed phaseout plans for developing countries. The Article points out that international lawmaking differs from international environmental lawmaking in that the latter involves greater uncertainty about reality, requires participation by major contributors to the depletion of the ozone layer, and poses the problem of being either unmanageably broad in scope or piecemeal in approach. These differences suggest that the solution to the depletion of the ozone layer is an ongoing process of lawmaking which emphasizes participation, manageable negotiations, and holistic thinking. Additionally, halting the depletion of the ozone layer requires scholarly discourse to make future negotiations successful and to create a scheme for the implementation of reduction schedules.

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