34. The Protection of the Atmosphere

In this advisory report the CAVV discusses the International Law Commission’s Draft Guidelines on the protection of the atmosphere The advisory report serves as a brief commentary on the Draft Guidelines, including the legal and political context, together with an evaluation of the Guidelines.

Although in the past instruments have been adopted relating to some aspects of the atmosphere, such as transboundary air pollution, ozone depletion and climate change, to date there has been no regulation that treats the atmosphere as a ‘single global unit’.

With these Draft Guidelines, the ILC has sought, through the progressive development of international law and its codification, to provide guidelines that may assist the international community as it addresses critical questions relating to transboundary and global protection of the atmosphere. In its evaluation the CAVV notes that the ILC has taken a highly cautious approach and has imposed a number of restrictions on itself.