Trouble in the air: Recent developments under the 1979 convention on long-range transboundary air pollution

Abstract

The 1979 Geneva Convention on Long-Range Transboundary Air Pollution (CLRTAP) is a significant regional treaty under which eight protocols have been developed. The Convention offers a case study on the legal and political challenges that can occur when addressing air pollution. This article explores the recent history of the CLRTAP regime, drawing on the conceptual lens of regime effectiveness. First, the article considers how the legal framework has been modernized over the past decade to reflect changes in the sources and effects of air pollution. This has predominantly occurred through amendments to the 1999 Protocol to Abate Acidification, Eutrophication and Ground- Level Ozone, the 1998 Protocol on Persistent Organic Pollutants and the 1998 Protocol on Heavy Metals, which were negotiated in 2009–2012. The amendments are an important point in the regime’s history, as they set more stringent pollution limits. Particular attention is paid to their prospective entry into force and their broader impact on European law. Second, the geographic coverage of the legal instruments has long been an issue of concern, with a number of former Soviet Union States choosing to not participate in the pollution-specific protocols. The article reviews efforts to boost participation through the creation in 2011 of a coordinating group to promote action in the countries of Eastern Europe, the Caucasus and Central Asia. Third, the article explores recent developments in compliance and inventory adjustments under the Gothenburg Protocol, as a demonstration of how the system approaches changes in scientific knowledge on the sources and levels of air pollution, and how this affects compliance.