• BACKGROUND TO THE STUDY

Environmental protection generally and the protection of the atmosphere in particular has been a global challenge to states and international organizations as such, there has been a lot of findings on this area of the law. The Paris Convention to the Protect Birds Useful to Agriculture granted protection to certain birds by prohibiting their killing or destruction of their nests, eggs or breeding places, except for scientific research or reproduction purposes. The 1933 London Convention Relative to the Preservation of Fauna and Flora in their Natural State applied in Africa _ then largely colonized. It did not, however, cover the metropolitan areas of the colonial powers.[1]At the North American continent, the 1940 Washinton Convention on Nature Protection and Wildfire Preservation in the Western Hemisphere provided for the establishment of national parks and reserves, the protection of wild plants and animals, and for cooperation between governments in the field of research.[2]

By 1950s, there was an increase in the rate at which states entered into water-related agreements, some of these agreements include: the 1954 London Convention for the Prevention of the Pollution of the Sea by Oil.[3] In 1956, the first United Nations Conference on the Law of the Sea (UNCLOSI) was held at Geneva, Switzerland. Four treaties were concluded in 1958 as a consequence, the Convention on theTerritorial Sea and the Contiguous Zone[4], the Convention on the Continental Shelf,[5] the Convention on the High Seas,[6] and the Convention on Fishing and Conservation of Living Resources of the High Seas.[7]

The present ecology era is considered to have started at the end of the 1960s, when it became evident that the worlds resources are limitless and something needed to be done to prevent industrial and developing countries from destroying the world’s water, air, biological and mineral resources. Public opinions increasingly demanded action to protect the quantity and quality of the environment.[8] New technologies especially the development of nuclear technology led to further environmental legislation such as the 1963 Moscow Treaty Banning Nuclear Weapons in the Atmosphere, Outer Space and Underwater.

It is noteworthy, that even before the United Nations officially took up the protection of the environment with its Stockholm Conference in 1972, it was at regional level, where environmental law history was written as early as 1968. At the European level, the Council of Europe adopted the first environmental texts.[9] But more remarkably, the heads of states and governments of the Organization of African Unity in 1968, signed a comprehensive document on environmental protection, namely the African Convention on the Conservation of Nature and Natural Resources. In 1972, the General Assembly convened a Conference on the Human Environment in Stockholm. This environmental conference was the first of its kind and it was attended by about 6000 participants, delegation from 113 states,[10] representatives of every major intergovernmental organization, 700 observers sent by 400 NGOs and 1500 journalists.[11]The concepts and plans developed by the Stockholm Conference has shaped every international conference and treaty on the environment over the last 3years.[12]

By 1985, the globe had already seen advancements in the scientific understanding of ozone depletion and its impacts on human health and the environment. The object of the 1985 Vienna Convention is to preserve human health and to protect the environment from any harmful effects of the depletion of the ozone layer. It was then that the Vienna Convention for the protection of the Ozone Layer of 22^nd March 1985 was created in response.

The Vienna Convention was the first convention any kind to be signed by every country involved, taking effect in 1988 and reaching universal ratification in 2009. This speaks to the enormity of ozone depletion at the time and the willingness of countries around the world to work together to solve it. The convention aimed to promote cooperation among nations by exchanging information on the effects of human activities on the ozone layer. In doing this, the creators of the convention helped policymakers would adopt measures to combat those activities responsible for ozone depletion.[13]

The Montreal Protocol on Substances that Deplete the Ozone Layer is a global agreement to protect the Earth’s ozone layer by phasing out the chemicals that deplete it. This phase out plan includes both the production and consumption of ozone depletion substances. The landmark agreement was signed in 1987 and entered into force in 1989. Although they do not deplete the ozone layer, they are known to be powerful greenhouse gases and, thus, contributors to climate change.[14]

In 1987, Our Common Future, known as the Brundtland Report, was drafted by a special UN Commission.[15] The Brundtland Report stated that critical global environmental problems were primarily the result of the enormous poverty of the south and the non-sustainable patterns of consumption and production in the North.[16]