Transnational Responsibility and Recourse for Ozone Depletion

Abstract

This Article explores state responsibility to the international community as a whole and to injured states in particular for the damage occurring from the production and use of ozone depleting substances. This Article argues that pollution of the environment through the continued use and manufacture of ozone depleting substances is in violation of both treaty obligations and general obligations under customary international law. The author argues that pursuant to the international law principle of pacta sunt servanda, signatory states to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer are expected to comply with specific reductions set forth in those treaties. In addition, customary international law based upon the practice of states, judicial decisions and scholarly writings, requires the preservation and enhancement of the human environment. The result is that a state incurs responsibility for its failure to comply with the Montreal Protocol phase-out requirements and to cease production of ozone depleting substances. This Article further explores the remedies available to the international community and to individual states injured by ozone layer depletion. The Article describes international dispute resolution techniques that states may employ in the face of continued polluting activities by other states. This Article also explores remedies available to injured states, including required cessation of manufacture and use of ozone depleting substances and monetary compensation for damages.