Montreal Protocol Ratcheting: A Study in Environmental Law and Policy

This essay examines the Montreal Protocol as an example of the ratcheting effect in environmental law, focusing on its revisions since 1987 to control ozone layer depletion. The protocol, amended nine times, has evolved to include stricter regulations on CFCs and HFCs for both developed and developing countries. Positive incentives, such as economic stability in developed countries, support implementation, while negative incentives include insufficient policies to regulate industrialization, a major cause of ozone depletion. The Kigali Amendment in 2016 further tightened regulations, aiming to reduce CFCs and HFCs by 2030, illustrating the continuous adjustments characteristic of ratcheting. Desklib offers more solved assignments and resources for students.

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Environmental law
The metaphor of the ratcheting has been decisively used to explain the Montreal protocol
based on the revisions that the treaty has undergone since it was signed in 1987 (Chipperfield et
al. 2015). The Montreal treaty has been signed to control depletion of ozone layer; however, it
has been revised nine times to make the rules more adaptable and stiffer. In 1990 the treaty
included rules that regulated the release of CFCs for developed countries. The treaty meeting
was held in London. Similar meeting was held the following year in Nairobi, one that lead to the
founding of the scientific assessment of ozone depletion. A series of treaties were held years later
to discuss report by scientific assessment of ozone depletion. The findings were analyzed by
scientific assessment panel. In 2013 the treaty made a stiffer protocol for the developing
countries to reduce their efforts in consumption and production of CFCs (Chipperfield et al.
2015). This protocol found a prior agreement by developed countries that agreed to reduce
production of HFCs between 2004 and 2010. In 2016 the last meeting in Kigali a protocol was
signed to reduce CFCs and HFCs by 2030. From the above explanation the Montreal protocol is
always being adjusted typical of ratcheting. The CFCs and HFCs regulation and convention in
the Montreal protocol are typical laws that explain ratcheting (Chipperfield et al. 2015).
During the CFC 2010 regime, a positive incentive that encourages implementation of the
protocol is the economic incentive (Polonara, Kuijpers, and Peixoto, 2017). Developed countries
have stable economy that enable them implement these procedures with ease. The major negative
incentive for the implementation of Montreal protocol is insufficient policies to regulate the rate
of industrializations, while industrialization is the major cause of ozone layer depletion
(Polonara, Kuijpers, and Peixoto, 2017).

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References
Chipperfield, M.P., Dhomse, S.S., Feng, W., McKenzie, R.L., Velders, G.J. and Pyle, J.A., 2015.
Quantifying the ozone and ultraviolet benefits already achieved by the Montreal Protocol. Nature
communications, 6, p.7233.
Polonara, F., Kuijpers, L. and Peixoto, R., 2017. Potential impacts of the Montreal Protocol
Kigali Amendment to the choice of refrigerant alternatives. International Journal of Heat and
Technology, 35, pp.S1-S8.