Photo
credit: Trail Historical Society
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Clean air is a common-good resource, freely available to all. As
air pollution knows no bounds, Canada, in a sense, created the concept of
Trans-Boundary Air Pollution. Air pollutants, such as sulfur dioxide, nitrogen oxide,
methane Volatile Organic Compounds (VOCs) and Carbon Dioxide (CO2)
are harmful compounds released into the atmosphere, primarily through
industrial manufacturing of goods. Transboundary air pollution occurs when the
concentration is released into the atmosphere and crosses borders, impacting
neighboring countries.
A dispute involving the Teck Cominco Smelter in Trail, British
Columbia (B.C.) made international environmental law history when the case was
decided in 1941. After the company significantly increased the size of its
smoke stacks, the resulting unintended consequence created toxic air from the
metal refinery, which negatively impacted farmers in neighboring Washington
State. The outcome is regarded as international environmental laws most
foundational decisions, as it helped to form the polluter-pays principle, making
a state responsible for the damaging effects it has on another territory. The
case’s arbitration also helped solidify the “Good neighborliness” custom to
enhance diplomacy.
In 1987, Canada hosted a United Nations conference in Montreal,
Quebec to tackle the alarming effects of Ozone depletion. The delegates of the
convention adopted an international agreement known as the Montreal Protocol on
Substances That Deplete the Ozone Layer. This accord, now shared between 142
countries, saw the international regulation limiting the production, trade and
use of 8 Ozone depleting substances (ODS), such as chlorofluorocarbons (CFCs),
halons, and carbon tetrachloride. This agreement has since expanded to cover 96
substances. More importantly, the Montreal Protocol not only united the
politicians from nations around the world, but also gained overwhelming public
and media support, as well as industry buy-in.
The
Montreal protocol is considered a huge success, as 96 harmful ODS have
virtually been eliminated. These substances were also contributing to climate
change. The ozone layer is now slowly recovering, largely thanks to the work by
those behind the Montreal Protocol.
Sources:
Guruswamy, L.D., (2012). International Environmental Law: In a
nutshell, (4th ed.). Saint Paul, MN: West.
United Nations. (2006). Trail smelter case (United States, Canada).
Reports of International Arbitral Awards, 3. pp. 1905-1982. 16 April
1938 and 11 March 1941. Washington, DC. Retrieved from: http://bit.ly/2uiTM37
United Nations Development Program. (2017). Montreal Protocol.
Sustainable Development Program, Environmental and Natural Capital. New York,
NY. Retrieved from: http://bit.ly/2xhbcgK