Du Toit, Louise (2021) Stratospheric ozone depletion. In, French, Duncan and Kotzé, Louis J. (eds.) Research Handbook on Law, Governance and Planetary Boundaries. Edward Elgar Publishing, pp. 261-277. (doi:10.4337/9781789902747.00023).
Abstract
In 2009, Johan Rockström et al identified stratospheric ozone depletion as one of the nine planetary boundaries in recognition of the severe and irreversible effects of UV-B radiation on human health and ecosystems. The aim of this chapter is to consider the extent to which the international environmental law regime for the protection of the ozone layer is enabling us to remain within this planetary boundary. The chapter considers the causes and impacts of ozone depletion, as well as the ozone depletion that has taken place; and discusses the legal regime for ozone protection, particularly in regard to the ongoing refining and strengthening of the Montreal Protocol. It is argued that, not only has the Montreal Protocol responded effectively to the problem of ozone depletion, it has also—thus far—enabled us to remain within the ‘safe operating space’ of this planetary boundary. However, the rapidly rising emission of greenhouse gases (in particular, carbon dioxide, methane, and nitrous oxide) and human responses to global warming present uncertainties in regard to their potential impacts on stratospheric ozone. The interdependence of the planetary boundaries is thus highlighted, and it is argued that coordinated international environmental law responses to such challenges will be crucial to ensure that we do not transgress the planetary boundary on stratospheric ozone depletion.
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