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Montreal Protocol

 Montreal Protocol on Substances that Deplete the Ozone Layer

been formulated with the objective to eradicate the production, import and export or

100 ozone depleting substances and mandates all the parties to submit an annual report on

the production, Import and export or these substances and formulate the process for reducing

Strength: It recognises that different countries are placed differently with respect to

their requirement and use of certain substances for industrial development. While

acknowledging this, it provides for an extended period for developing countries of 10.

15 years for elimination of a substance

It established a Multilateral Fund to financially assist the developing countries in their

process for phasing out of ozone depleting substance

Strength: Precautionary principle- It gives lending to the precautionary principle

which desists countries from not taking because of scientific uncertainties of the

possible future harm and thereby encourages them to take action in the present.

An Implementation committee has been stipulated under the Protocol which is

endowed with the duty to review the submitted reports and analyse whether the

parties are in compliance with the protocol. Additionally, it has to recommend areas

of improvement to the meeting of Parties (decisional body) by assessing the defaulting

parties.

Strength: It prevents parties from trade between parties and non parties in harmful

substances which are ozone depleting. It is also mandated that Parties take informed

decisions after considering the possible environmental impact of the decisions

Strength: It is an accommodative document amenable to including new chemicals

which are discovered to have an ozone depleting essence. 

Weaknesses of this Convention include

Non regulation of Ver Short-Lived Substances (VSLS)- since these substances exist

for very short periods of time and their regulation becomes difficult.

Ozone and Climate Change Intersection- The Montreal Protocol did not exhaustively

address this intersection possibly because of lack of research

Geo-Engineering- One of the ways in which the atmosphere was protected from

radiation was through the spraying or sulphate particles which reflected Back the solar

radiation. However, sulphate aerosol nas detrimental effects on the ozone layer.

Illegal trade- I here has been trade or OD even after the Montreal Protocol which has

Impeded its effectiveness. 
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Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

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