The Vienna Convention

Click here to link to the official website of the convention.

In 1981 the Governing Council (of UNEP) set up a working group to prepare a global framework for the protection of the Ozone Layer. Its aim was to secure a general treaty to tackle ozone layer depletion. First, a general treaty resolved in principle to tackle a problem, then the parties got down to the more difficult task of agreeing protocols that established specific controls. Even the first relatively easy step proved remarkably difficult. The Convention for the Protection of the Ozone Layer finally agreed upon in Vienna in 1985, appears unexceptional. Nations agreed to take “appropriate measures…to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer” but the measures are unspecified. There is no mention of any substances that might harm ozone and CFCs only appear towards the end of the annex to the treaty, where they are mentioned as chemicals that should be monitored. The main thrust of the Convention was to encourage research and cooperation between countries and exchange of information. Yet it took four years to prepare and agree. 20 nations signed the Convention in Vienna but most did not rush to ratify it. The Convention provided for future protocols and specified procedures for amendment and dispute settlement.

Despite the complications, the Vienna Convention did set an important precedent. For the first time, nations agreed in principle to tackle a global environmental problem before its effects were felt, or even scientifically proven.

As the experts began to explore for specific measures to be taken, the journal “Nature” published a paper in May 1985 by British Scientists, about severe ozone depletion in the Antarctic. The Paper’s findings were confirmed by American satellite observations and offered the first proof of severe ozone depletion and making the need for definite measures more urgent.

Although the Vienna Convention was a milestone, it was felt that an international consensus was needed to support an effective control protocol. Working informally as private citizens rather than as members of national delegations, experts from UN, governments, industry, universities and environmental groups, met to discuss a way forward. In 1987 UNEP was empowered by the Vienna Convention to convene a meeting for negotiations for a protocol to the convention to be signed. On 16th September 1987, 40 countries signed the Montreal Protocol on Substances that Deplete the Ozone Layer. Since then, more than 160 countries, including South Africa, have signed the protocol (South Africa acceded to both the Convention and the Protocol on 15 January 1990).

Since 1995 the United Nations General Assembly has declared 16 September as the International Day for the Preservation of the Ozone Layer in commemoration of signing the protocol. What followed was an unprecedented cooperative effort between industry and governments to develop and implement a programme to phase out production, supply and use of ozone depleting Substances.