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5 - Convention on Long-Range Transboundary Air Pollution, 13 November 1979

Published online by Cambridge University Press:  05 June 2012

Philippe Sands
Affiliation:
University College London
Paolo Galizzi
Affiliation:
University of London
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Summary

Editorial note

The Geneva Convention was negotiated within the UN Economic Commission for Europe on the initiative of Scandinavian countries which had long been concerned about the problem of acid precipitation. The definition of ‘air pollution’ in Article 1(a) is clearly wide enough to bring many substances within the scope of the Convention. This was the first multilateral Convention relating to the protection of the environment which involved almost all nations of Eastern and Western Europe, and its parties included the USA and the then USSR. It was also the first to deal specifically with the problem of long-range transboundary air pollution where it is not possible to distinguish the contribution of individual emission sources (Article 1(b)). The politically varied and regionally comprehensive adherence to the Convention might be a result of the ‘soft’ nature of the obligations it establishes. In particular it is clear from a solitary footnote that the question of State liability for damage fromtransboundary air pollution is beyond its scope. Article 2, which sets out the general obligation to limit, reduce and prevent air pollution, is hedged with qualifications. The ‘best available technology’ requirement in Article 6 is limited to that which is ‘economically feasible’.

The Convention obliges States to exchange information, consult and undertake research. Article 8 sets out in detail the type of information to be exchanged.

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Publisher: Cambridge University Press
Print publication year: 2004

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