EFFECTIVENESS OF TRADE & POSITIVE MEASURES IN MULTILATERAL ENVIRONMENTAL AGREEMENTS: LESSONS FROM THE MONTREAL PROTOCOL

This report by the Center for International Environmental Law, prepared for the United Nations Environment Programme, evaluates the effectiveness of trade and positive measures within the Montreal Protocol. It analyzes how these mechanisms—ranging from import/export bans on ozone-depleting substances (ODS) to financial assistance for developing nations—have driven near-universal ratification and compliance to reduce global emissions of controlled substances.

• The Montreal Protocol's trade and positive measures have been effective in increasing ratification and compliance, contributing to the primary objective of reducing global emissions of ozone-depleting substances.
• Import bans on controlled substances (CS) from non-complying non-parties incentivized producing states to join the Protocol to maintain market access. For Annex B substances, all producers had ratified or were in compliance within two months of the import ban's entry into force on August 10, 1993.
• Export bans on controlled substances to non-complying non-parties created a strong incentive for importing nations to ratify. This is evidenced by a sharp increase in ratifications between December 1992 and March 1993, where the monthly rate averaged 4.75, more than three times the average monthly rate over the life of the Protocol.
• The ban on imports of products containing controlled substances (PCCS) from non-parties prevented industrial migration to non-party states and encouraged export-dependent Asian economies, such as South Korea, Singapore, Malaysia, and Thailand, to ratify to protect their electronics and refrigeration exports.
• Positive measures, specifically the ten-year grace period for Article 5 parties, allowed developing countries to join the Protocol without sacrificing short-term economic development or facing immediate trade restrictions.
• The Financial Mechanism, including the Multilateral Fund, was instrumental in securing the ratification of major developing nations. For example, India and China made their ratification contingent on the addition of US$40 million to the fund for each country.
• The non-compliance procedure focuses on assistance and 'self-reporting' rather than punishment, which encourages parties to admit problems. This is illustrated by the case of Mauritania, which submitted required data to avoid the suspension of its Article 5 status.
• By 1995, global use of Annex A and Annex B substances had been reduced by 80% from baseline levels, and non-Article 5 parties phased out all non-essential uses of halons by January 1, 1994, three years ahead of schedule.

APA

Goldberg, D. L., Van Dyke, B., Bullen, S., Lacosta, N., Muffett, C., & Bartenhagen, E. (n.d.). EFFECTIVENESS OF TRADE & POSITIVE MEASURES IN MULTILATERAL ENVIRONMENTAL AGREEMENTS: LESSONS FROM THE MONTREAL PROTOCOL. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/06/EffectivenessofTradeandPosMeasures.pdf

Chicago

Goldberg, Donald L., Brennan Van Dyke, Sally Bullen, Nuno Lacosta, Carroll Muffett, and Eric Bartenhagen. EFFECTIVENESS OF TRADE & POSITIVE MEASURES IN MULTILATERAL ENVIRONMENTAL AGREEMENTS: LESSONS FROM THE MONTREAL PROTOCOL. Center for International Environmental Law, n.d. https://www.ciel.org/wp-content/uploads/2015/06/EffectivenessofTradeandPosMeasures.pdf.

Wikipedia

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BibTeX

@techreport{goldbergndeffectiveness, author = {Goldberg, Donald L. and Van Dyke, Brennan and Bullen, Sally and Lacosta, Nuno and Muffett, Carroll and Bartenhagen, Eric}, title = {{EFFECTIVENESS OF TRADE \& POSITIVE MEASURES IN MULTILATERAL ENVIRONMENTAL AGREEMENTS: LESSONS FROM THE MONTREAL PROTOCOL}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/06/EffectivenessofTradeandPosMeasures.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }