Two Protocols

1. Cartagena on biosafety – 2000

2. Nagoya on access and benefit sharing – 2010
CITES
CITES – 1970

- Appendix is part of CITES not IUCN.

Regulation
CITES wants every countries to have two authorities,
1. Scientific authority. – helps management authority on taking a call.
2. Management authority.

CITES – Signed in 1973 by India and legally binding.

CLIMATE CHANGE
PROTOCOL – Mini treaty to update the version. Protocols are meeting of the
parties.
Parent treaty = UNFCCC

OZONE PROTECTION
1985 – Vienna convention is the ozone convention.
1987 – montreal protocol

The rule is there in environment protection act 1986 on Ozone protection.

- Vienna convention doesn’t include any targets or timetables for the

reduction of any ozone depleting substances.
- The article 2 of the Vienna Convention outlines the general obligations,
1. A commitment to further research(article 3).
2. Information exchange(article 5) and co-operation in the legal, scientific
and technical fields(article 4)
3. Adoption of protocol(Article 8).
The montreal protocol sets forth specific legal obligations, including limitations
and reductions on the calculated levels of consumption and production of certain
controlled ozone depleting substances.
- Unfccc is a umbrella guideline on climate change which doesn’t provide
any binding obligations. Binding obligations were passed in subsequent
protocols. Eg: Kyoto protocol.
- In Vienna convention, there is a dispute settlement mechanism through
peaceful means. In case of failure , mediation then again fails then
arbitration.
- The Vienna convention allowed adoption of Montral protocol – it is a
framework treaty.
- Montreal protocol on substance that deplete the ozone was adopted in
1987.
Challenges
The parties need to resolve to ensure that the objectives of the Vienna
convention are met in terms of both ongoing and newly emerging challenges.
- A significant illegal trade in ozone depleting substances continues,
especially trade from and within the developing states.
- When the number of ODS substances is phasing out, several developed
countries maintain high domestic use units claiming critical use
exemptions.
If the exporting country doesn’t have any expertise in dealing hazardous
substances then it can export to the country which has such capabilities. –
Exemptions.

Montreal Protocol

- Adopted in 1987 and came into force in 1989.

- It deals with 8 ozone depleting substances – divided into two groups –
listed in Annex A.
- It aims at reduction in the production of CFCs and not confined to emission
reduction only.
- Each party should adopt measure to reduce the consumption and
production of CFCs.
- Common but differentiated treatment based on capacity for both
developed and developing countries.
 - There is a multilateral fund to finance developing countries to help them in
implementation.
- Kigali 2016 – latest amendment – phase out HFCs by 2040. It also includes
penalties in case of non-compliance. Came into force in 2019.
Principles of Montreal Protocol
- It is recognized as one of the most successful multi-lateral environmental
agreements till date.
- Based on common concern.
- Common but differentiated responsibilities.
- Precautionary approach.

The structure of the montreal protocol NCP

- Combines both management and enforcement approach.
- It’s a blend of both carrot and stick approaches.
- Any party which has reservations about another party’s implementation
of its obligations under the protocol may submit its concerns in writing to
the secretariat with corroborating information.
 - The secretariat will then determine, with the assistance of the party
alleged to be in violation, whether it is unable to comply with its
obligations under the protocol and will transmit the original submission, its
reply and other information to the implementation committee.
- Some of the measures- appropriate assistance, issuing cautions,
suspension etc.

The GIB case where the birds were dying, the supreme court gave verdict that
high voltage solar powerlines are part of energy security of India and comes
under article 21(right to life).
Climate change adversely impacts constitutional rights as to life, health and
equality.
- Climate change on MP vs Lakshwadeep.
- Climate litigation – government failed to protect.

- Access to justice is slowing expanding in the international forum.

- Minimise the impact of climate change. Court dismissed the case as there
are sufficient laws in country on climate change.

- Asked for refugee status in NZ as the sea level of Kiribati is rising.

-
- Clean development mechanism
- Annexure 1 and 2 are rich countries. Annexure 2 are richer countries which
has additional responsibilities.
- Top down approach – no concession was provided on implementation.
- Paris agreement – nationally determined contributions – bottom up
approach – each country can determine its own reductions.
- Joint implementation – between developed and developed countries.
- Bubble – do the activities in the group.

Class February 09, 2025

- CBDR is never intended to be customary international law.
- Green finance fund from South Korea.
- Protocol was developed to implement CBDR.
- Binding targets for global north.
Joint implementation – Two countries coming together and then divide the
reduction between two countries.
CDM – Germany investing another country and calculating the reduction. Its
added to Germany.
- Paris is a bottom up approach.
- Paris talks about both mitigation and adaptation.
-
- Nationally determined contributions(NDC)