2.3.3 Protection of the Atmosphere and Outer Space

While the Convention on Long-Range Transboundary Air Pollution from 1979 contains only moderate obligations of states, the Montreal Protocol on Substances that Deplete the Ozone Layer, obliges the states in a gradual reduction of CFCs and a setting of the use of halons. An Implementation Committee, erected on its basis, monitors compliance with these obligations. The Framework Convention on Climate concerns are not covered by the Montreal Protocol greenhouse gas and is aimed at stabilizing greenhouse gas concentrations in the atmosphere at a level from, at which a dangerous anthropogenic interference with the climate system (Art. 2). The developed countries and others referred to in Annex I countries, such as Eastern and Central European countries, then reduce their emissions, so total and taking into account a certain backlog of developing countries the level of 1990 can be achieved again

The Framework Convention on Climate concerns greenhouse gas not covered by the Montreal Protocol and is aimed at stabilizing greenhouse gas concentrations in the atmosphere at a level at which a dangerous anthropogenic interference with the climate system (Art. 2) will be prevented. The developed countries and others referred to in Annex I countries, such as Eastern and Central European countries, then reduce their emissions, so totally and taking into account a certain backlog of developing countries the level of 1990 can be achieved again.

The UNFCCC was ratified in the shortest possible time by almost all countries of the world; the reservations are generally prohibited (Art. 24). This corresponds to the character of the Convention as part of the new public law which regards common interests and concerns of humanity ( "common concern"). The Kyoto Protocol to the UNFCCC from 1997 substantiates the reduction commitments of industrialized countries by indicating the pro government permitted emissions in the form of a percentage of the emissions of 1990. The European Community and its Member States have already ratified the protocol. The United States have signed the protocol, but refuse the ratification because of feared effects on the domestic economy.

Overall, the international environmental law is a very dynamic matter and, as indicated, in this area several characterizing principles have developed.