Climate change
and the Geneva Convention
on Long-Range Transboundary Air Pollution

Although drafted in response to acid rain, the Geneva Convention is potentially relevant to climate change. The treaty was adopted in 1979, when greenhouse gases and their effects on climate were not yet a major issue. It seeks to control the emission and cross-border flow of "air pollutants", defined as substances which, when released into the air, have harmful effects on human well-being and on flora, fauna, and ecosystems. This broad definition does not envisage the greenhouse effect as such, but it can be applied to a number of greenhouse gases and their precursors. The Geneva Convention was adopted under the auspices of the UN Economic Commission for Europe (ECE) and is limited in scope and membership to European and North American countries. It entered into force in 1983. As of January 1993, 35 states and the European Community are parties to it.

The Convention provides a general framework for the control of air pollution. More specific obligations are set out in the accompanying protocols. The Conventionās Executive Body reviews the progress that party states are making on their commitments under the Convention

to endeavour to limit and then, as far as possible, to reduce air pollution;

to attempt to develop "without undue delay" policies and strategies to combat air pollution;

to initiate and coordinate research on the causes and effects of air pollution and on new technologies for reducing emissions;

to exchange information on scientific research, policies, and measures relating to air pollution;

to hold consultations between upwind "polluter" states and downwind "victim" states.

The four protocols adopted within the framework of the Geneva Convention have some relevance to climate change. The 1988 Sofia Protocol on nitrogen oxides (NOx) and the 1991 Geneva Protocol on volatile organic compounds (VOCs) both seek to limit emissions of substances which are precursors of the greenhouse gas tropospheric ozone (O3).1 The 1985 Helsinki Protocol aims to limit sulphur emissions. As the presence of sulphates in the stratosphere tends to promote global cooling, this may also have some impact on climate change. Under the EMEP programme, governed by the 1984 Geneva Protocol, data on air pollution are collected and monitored.

Parties to the Sofia Protocol must stabilise nitrogen oxide emissions. The Protocol entered into force in 1991 and, as of January 1993, has 20 Parties. It imposes the following obligations:

to stabilise the emissions or cross-border flows of nitrogen oxides at 1987 levels. This must be done by 1994 at the latest, and should represent just a first step. Parties are free to choose a base year from before 1987;

to apply national emissions standards to major new emissions sources. States must also introduce pollution control measures for all major existing stationary sources;

to start negotiations on further reductions of nitrogen oxide emissions;

to facilitate the exchange of information and technology for reducing nitrogen oxide emissions;

to make unleaded fuel for vehicles equipped with catalytic converters available within two years of the Protocolās entry into force;

to review the Protocol regularly as new scientific and technical information becomes available;

to carry out research and to develop national policies and strategies for implementing the Protocol.

The 1991 Geneva Protocol provides that annual VOC emissions must be reduced by at least 30% by 1999. It sets 1988 as the base year, but Parties may choose a different base year from between 1984 and 1990. Parties with low 1988 emissions levels (specified in the protocol) must at least stabilise emissions by 1999. The Protocol also obliges states to apply emission standards to all new sources of VOCs and to products containing solvents, use the best available technologies that are economically feasible, review the Protocol regularly and negotiate further emissions reductions, establish a mechanism for compliance monitoring, set up national programmes to fulfill their obligations, and co-operate in the exchange of technology and information. It also specifies that compliance with its provisions does not relieve parties from fulfilling other international obligations, including those related to combating climate change. The Protocol was signed by 23 states and will enter into force upon ratification by 16 states.

For further reading:

Lang, Neuhold and Zemanek (Eds.), "Environmental Protection and International Law", (London 1991); Chapter 3: Protection of the Environment by International Law: Air Pollution, (L. GŸndling and P. Fauteux).

"Yearbook of International Environmental Law", Vol. 2(1991); Section II./1. Transboundary Air Pollution, (W.J. Kakebeeke), p. 103.

P. Sand (Ed.), "The Effectiveness of International Environmental Agreements: A Survey of Existing Legal Instruments", (Cambridge 1992); Section III. Atmosphere and Outer Space, (R.E.Benedick and R. Pronove), p. 123.

Notes:

1 The Intergovernmental Panel on Climate Change, "Climate Change: The IPCC Scientific Assessment Report", Cambridge University Press, 1990, pp. 28-30.

Last revised 1 May 1993 by the Information Unit on Climate Change (IUCC), UNEP, P.O. Box 356, CH-1219 Ch‰telaine, Switzerland. Tel. (41 22) 979 9111. Fax (41 22) 797 3464. E-mail iucc@unep.ch.