On Ozone Depleting Substances Control Legislation

This article studies the legislation issue of Ozone Depleting Substances (ODS) control from the point of view of how to translate the state's commitments to implement Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred as Montreal Protocol) to the industries and other stakeholders at the national level.The first chapter introduces the basis knowledge of ozone layer, the reasons to protect ozone layer and the Montreal Protocol regime, and then analyzes the relationship between implementing the Montreal Protocol and national ODS control legislation. Any country that ratifies the Montreal Protocol should commit herself to implementing it, therefore, how to translate the state commitments to the industries and other stakeholders for achieving the ODS phase out schedule under the Montreal Protocol is the foremost issue to be dealt with within the national legal framework. Montreal Protocol set clear objectives to be fulfilled for the national ODS control legislation and countries' compliance and implementation is the precondition for the effectiveness of Montreal Protocol, which is guaranteed by the national legislation.The second chapter introduces and analyzes the current regulations having impact on ODS control of three countries in the region of Asia and the Pacific, respectively India. Thailand and Philippines. India and China are both ODS producing countries, therefore, the ODS production control measures being used in India might be useful in our country; Thailand government pays much attention to the cooperation with industries which leads to successful ODS control in certain sectors; Philippines is advanced in ODS control legislation for they put HCFC and HBFC under control in the newly revised regulation.The third and fourth chapters analyze the legislation principles and main legal systems of ODS control. The legislation principles include visionary and aspirational, consistent and synergistic, fair, equitable and balanced, enforceable and measurable, and comprehensive and flexible. The main legal systems include licensing system, quota system, recycling system and economic incentive and disincentive system.Based on analyzing the current ODS control regulations in China, the last chapter provides some legislation suggestions and designs the basic contents for future specialized ODS legislation.