Title

Resolving Conflicts between Multilateral Environmental Agreements: The Case of the Montreal and Kyoto Protocols

Abstract

The Kyoto Protocol to the United Nations Framework Convention on Climate Change and the Montreal Protocol on Substances that Deplete the Ozone Layer are multilateral environmental agreements that regulate the use of chemicals that contribute to climate change and ozone depletion. The Montreal Protocol, however, encourages the replacement of ozone depleting substances with chemicals that contribute to climate change. Likewise, the Kyoto Protocol encourages the production of an ozone depleting substance by allowing companies to profit by destroying the byproduct of its manufacture. This comment attempts to resolve these conflicts through conventional and customary international law. It concludes that the treaty regimes can apply favorability, effectiveness, and cooperation principles to resolve the conflicts, and recommends changes to the Montreal Protocol regime to implement these principles.

Disciplines

Environmental Law | International Law | Science and Technology Law

Date of this Version

January 2007