The illegal CFC trade: An unexpected wrinkle in the ozone protection regime

International Environmental Affairs

Volumn 9, Issue 4, 1997, Pages 259-273

  Clapp, Jennifer ^a  

^a TRENT UNIVERSITY   (Canada)

Author keywords

[No Author keywords available]

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EID: 8444247989     PISSN: 10414665     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (97)

1. See, for example, Peter Haas, "Banning Chlorofluorocarbons: Epistemic Community Efforts to Protect Stratospheric Ozone," International Organization 46, no, 1 (1992); Richard Benedick, Ozone Diplomacy (Cambridge, Mass.: Harvard University Press, 1991); David Leonard Downie, "Road Map or False Trail? Evaluating the 'Precedence' of the Ozone Regime as a Model and Strategy for Global Climate Change," International Environmental Affairs 7, no. 4 (Fall 1995): 321-45.
2. See, for example, Peter Haas, "Banning Chlorofluorocarbons: Epistemic Community Efforts to Protect Stratospheric Ozone," International Organization 46, no, 1 (1992); Richard Benedick, Ozone Diplomacy (Cambridge, Mass.: Harvard University Press, 1991); David Leonard Downie, "Road Map or False Trail? Evaluating the 'Precedence' of the Ozone Regime as a Model and Strategy for Global Climate Change," International Environmental Affairs 7, no. 4 (Fall 1995): 321-45.
3. See, for example, Peter Haas, "Banning Chlorofluorocarbons: Epistemic Community Efforts to Protect Stratospheric Ozone," International Organization 46, no, 1 (1992); Richard Benedick, Ozone Diplomacy (Cambridge, Mass.: Harvard University Press, 1991); David Leonard Downie, "Road Map or False Trail? Evaluating the 'Precedence' of the Ozone Regime as a Model and Strategy for Global Climate Change," International Environmental Affairs 7, no. 4 (Fall 1995): 321-45.
4. Edward Parson and Owen Greene, "The Complex Chemistry of the International Ozone Agreements," Environment 7, no. 2 (1995): 37.
5. Vincent Kiernan, "CFCs Chase Coke as Miami's Latest Vice," New Scientist 147, no. 1997 (30 September 1995): 8.
6. UNEP, Issues for Consideration by the Open-Ended Working Group of the Panics to the Montreal Protocol, UNEP/OzL.Pro.WG.1/13/2, Thirteenth Meeting, Geneva, 26-29 August 1996 (31 May 1996), p. 15. The U.S. government seized only 1 million pounds (or approximately 450-500 tonnes) of illicit CFCs in that same period (personal communication with Tom Land, USEPA Stratospheric Protection Division, Washington, D.C., 6 January 1997).
7. UNEP, Issues for Consideration by the Open-Ended Working Group of the Panics to the Montreal Protocol, UNEP/OzL.Pro.WG.1/13/2, Thirteenth Meeting, Geneva, 26-29 August 1996 (31 May 1996), p. 15. The U.S. government seized only 1 million pounds (or approximately 450-500 tonnes) of illicit CFCs in that same period (personal communication with Tom Land, USEPA Stratospheric Protection Division, Washington, D.C., 6 January 1997).
8. See Duncan Brack, International Trade and the Montreal Protocol (London: Earthscan, 1996), pp. 109-110; UNEP, Issues for Consideration, p. 14; Terry Pedwell, "Import of Ozone Depleting CFCs Probed," Chronicle Herald (Canada), 9 December 1994, p. A14.
9. See Duncan Brack, International Trade and the Montreal Protocol (London: Earthscan, 1996), pp. 109-110; UNEP, Issues for Consideration, p. 14; Terry Pedwell, "Import of Ozone Depleting CFCs Probed," Chronicle Herald (Canada), 9 December 1994, p. A14.
10. See Duncan Brack, International Trade and the Montreal Protocol (London: Earthscan, 1996), pp. 109-110; UNEP, Issues for Consideration, p. 14; Terry Pedwell, "Import of Ozone Depleting CFCs Probed," Chronicle Herald (Canada), 9 December 1994, p. A14.
11. Jim Vallette, "Deadly Complacency, U.S. CFC Production, the Black Market, and Ozone Depletion," Ozone Action Report (September 1995): 26.
12. "Holed Up: CFC Smuggling in Rich Countries and Fast-growing Production in the Developing World," Tlie Economist 337 (9 December 1995): 63.
13. For an analysis of the negotiations, see Richard Benedick, Ozone Diplomacy, Karen Litfin, Ozone Discourses: Science and Politics in Global Environmental Cooperation (New York: Columbia University Press, 1994); Ian Rowlands, The Politics of Global Atmospheric Change (Manchester, U.K.: Manchester University Press, 1995).
14. For an analysis of the negotiations, see Richard Benedick, Ozone Diplomacy, Karen Litfin, Ozone Discourses: Science and Politics in Global Environmental Cooperation (New York: Columbia University Press, 1994); Ian Rowlands, The Politics of Global Atmospheric Change (Manchester, U.K.: Manchester University Press, 1995).
15. For an analysis of the negotiations, see Richard Benedick, Ozone Diplomacy, Karen Litfin, Ozone Discourses: Science and Politics in Global Environmental Cooperation (New York: Columbia University Press, 1994); Ian Rowlands, The Politics of Global Atmospheric Change (Manchester, U.K.: Manchester University Press, 1995).
16. See the Montreal Protocol on Substances that Deplete the Ozone Layer (Geneva: UNEP, 1987).
17. Edward Parson, "Protecting the Ozone Layer" in Institutions for the Earth, ed. Peter Haas, Robert Keohane, and Marc Levy (Cambridge, Mass.: MIT Press, 1993), pp. 44-45.
18. Katya Jestin, "International Efforts to Abate the Depletion of the Ozone Layer," Georgetown International Environmental Law Review 7, no. 3 (1995): 834.
19. Jim Vallette, "Deadly Complacency," p. 10.
20. Katya Jestin, "International Efforts," p. 831.
21. Duncan Brack, International Trade, p. 17.
22. Ozone Secretariat, "The Task of Protecting the Ozone Layer is Far From Over," UNEP News Release 1996/49, 16 September 1996.
23. Michael Roberts, "Montreal Protocol Speeds Phaseout of HCFCs and Methyl Bromide," Chemical Week 157, no. 23 (13 December 1995): 20.
24. Ibid.
25. Scan Milmo, "Russian Agreement on CFCs Seen Shaky," Chemical Marketing Reporter 248, no. 26 (25 December 1995): 9; "The Vienna Meeting," Environmental Policy and Law 26, no. 2/3 (1996): 68.
26. Scan Milmo, "Russian Agreement on CFCs Seen Shaky," Chemical Marketing Reporter 248, no. 26 (25 December 1995): 9; "The Vienna Meeting," Environmental Policy and Law 26, no. 2/3 (1996): 68.
27. The Economist, "Holed Up," p. 63.
28. The Ozone Secretariat internet homepage, "Non Article 5 Countries Data on Production of Ozone Depleting Substances," 〈http://www.unep.ch/ozone/ sumna5p.htm〉; Pamela Zurer, "Delayed CFC Phaseout in Developing Countries Raises Growing Concern," Chemical and Engineering News 73 (8 May 1995): 25-26.
29. The Ozone Secretariat internet homepage, "Non Article 5 Countries Data on Production of Ozone Depleting Substances," 〈http://www.unep.ch/ozone/ sumna5p.htm〉; Pamela Zurer, "Delayed CFC Phaseout in Developing Countries Raises Growing Concern," Chemical and Engineering News 73 (8 May 1995): 25-26.
30. The Ozone Secretariat internet homepage.
31. Duncan Brack, International Trade, p. 17.
32. Ronald Begley, Allison Lucas, and Michael Roberts, "Producers Set for CFC Phaseout," Chemical Week 155, no. 19 (16 November 1994): 40.
33. Duncan Brack, International Trade, pp. 17 and 42.
34. Edward Parson and Owen Greene, "Complex Chemistry," p. 36.
35. All monetary amounts are in U.S. dollars. Kristine Chin, "Customs, EPA Crackdown on CFC Crooks," Chemical Engineering 103, no. 4 (April 1996): 43.
36. Vincent Kiernan, "CFCs Chase Coke," p. 8.
37. Thomas Mahoney, "Imported CFC-12 Bypasses Tax, Sells for Less, Say Producers," Air Conditioning, Heating, and Refrigeration News 192, no. 3 (16 May 1994): 1-2.
38. "Illegal Imports of CFCs Increase as Production Ban Nears, U.S. Officials Say," International Environment Reporter 17, no. 22 (2 November 1994): 884.
39. Sharon Begley, "Holes in the Ozone Treaty," Newsweek 126, no. 13 (25 September 1995): 70; Duncan Brack, International Trade, p. 105.
40. Sharon Begley, "Holes in the Ozone Treaty," Newsweek 126, no. 13 (25 September 1995): 70; Duncan Brack, International Trade, p. 105.
41. Duncan Brack, International Trade, p. 105.
42. Ronald Begley et al, "Producers Set," p. 40.
43. "EPA, Customs Service Cracking Down on Smuggling of CFCs, Hazardous Waste," International Environment Reporter 19, no. 6 (20 March 1996): 221-22.
44. Kristine Chin, "Customs," p. 43.
45. Matthew Wald, "Group Sees Ozone Danger in Illicit Chemical Trade," New York Times, 17 September 1995, p. 30.
46. International Environment Reporter, "Illegal Imports of CFCs Increase."
47. Ibid., p. 884.
48. Duncan Brack, International Trade, p. 108.
49. Ozone Action, "Allied Signal, Quimobasicos and the Frio Banditos: A Case Study of the Black Market in CFCs," 〈http://www.ozone.org/frio.html〉.
50. US EPA HQ Press Release, "PA Two Texas M«n Indicted on CFC Smuggling Charges," 20 December 1996; US EPA HQ Press Release, "Texas Man Sentenced for Smuggling CFCs," 3 January 1997.
51. US EPA HQ Press Release, "PA Two Texas M«n Indicted on CFC Smuggling Charges," 20 December 1996; US EPA HQ Press Release, "Texas Man Sentenced for Smuggling CFCs," 3 January 1997.
52. Canadian Broadcast Corporation, "Contraband Cool," The National, aired 16 September 1997.
53. Ian Young and Michael Roberts, "Rise in Illegal CFCs Dogs HFC Producers," Chemical Week 157, no. 20 (22 November 1995): 18.
54. Scan Milmo, "EU Shifts Position on Imports of CFCs," Chemical Marketing Reporter, 18 April 1994, p. 13.
55. Sean Milmo, "Illicit Russian CFCs Plague Europe," Chemical Marketing Reporter, 25 September 1995, p. 9.
56. Ian Young and Michael Roberts, "Rise in Illegal CFCs," p. 18.
57. The Economist, "Holed Up," p. 63.
58. Terry Pedwell, "Import of Ozone Depleting CFCs Probed," p. A14.
59. Duncan Brack, International Trade, p. 113.
60. Edward Parson and Owen Greene, "Complex Chemistry," p. 38.
61. Duncan Brack, International Trade, p. 111.
62. Jim Vallette, "Deadly Complacency," pp. 16-17.
63. UNEP, Report of the Thirteenth Meeting of the Open-ended Working Group of the Parties to the Montreal Protocol, UNEP/OzL.Pro/WG.1/13/6, 26-29 August 1996, para. 169.
64. Duncan Brack, International Trade, p. 112.
65. W. Wayt Gibbs, "The Treaty that Worked, Almost," Scientific American 273, no. 3 (September 1995): 18.
66. Jim Vallette, "Deadly Complacency," p. 5.
67. See W. Wayt Gibbs, "The Treaty that Worked," p. 18; Michael Roberts, "Europe's CFC Ban Not Fully Enforced," Chemical Week 156, no. 3 (25 January 1995): 20; "More Shipments of CFCs Said Entering Global Market as Phaseout Deadline Nears," International Environment Reporter 17, no. 12 (15 June 1994): 542.
68. See W. Wayt Gibbs, "The Treaty that Worked," p. 18; Michael Roberts, "Europe's CFC Ban Not Fully Enforced," Chemical Week 156, no. 3 (25 January 1995): 20; "More Shipments of CFCs Said Entering Global Market as Phaseout Deadline Nears," International Environment Reporter 17, no. 12 (15 June 1994): 542.
69. See W. Wayt Gibbs, "The Treaty that Worked," p. 18; Michael Roberts, "Europe's CFC Ban Not Fully Enforced," Chemical Week 156, no. 3 (25 January 1995): 20; "More Shipments of CFCs Said Entering Global Market as Phaseout Deadline Nears," International Environment Reporter 17, no. 12 (15 June 1994): 542.
70. Michael Roberts, "Europe's CFC Ban," p. 12.
71. Duncan Brack, International Trade, p. 106. Jim Vallette claims that the CIA and Interpol are also involved in this operation ("Deadly Complacency," p. 4).
72. Duncan Brack, International Trade, p. 106. Jim Vallette claims that the CIA and Interpol are also involved in this operation ("Deadly Complacency," p. 4).
73. Kristine Chin, "Customs," p. 43; Jim Vallette, "Deadly Complacency," p. 4.
74. Kristine Chin, "Customs," p. 43; Jim Vallette, "Deadly Complacency," p. 4.
75. Kristine Chin, "Customs," p. 43; Duncan Brack, International Trade, p. 107.
76. Kristine Chin, "Customs," p. 43; Duncan Brack, International Trade, p. 107.
77. Duncan Brack, International Trade, pp. 108-109.
78. "Curb on Illegal Imports of CFCs Sought by EPA in Proposal for Petition Process," International Environment Reporter 18, no. 10 (17 May 1995): 377-78.
79. International Environment Reporter, "EPA, Customs Service Cracking Down," pp. 221-22.
80. W. Wayt Gibbs, "The Treaty that Worked," p. 20.
81. Kristine Chin, "Customs," p. 43.
82. Duncan Brack, International Trade, p. 112.
83. Edward Parson and Owen Greene, "Complex Chemistry," p. 38.
84. Michael Roberts, "Europe's CFC Ban," p. 20.
85. Jim Vallette, "Deadly Complacency."
86. W. Wayt Gibbs, "The Treaty that Worked," p. 30.
87. Jim Vallette, "Deadly Complacency," p. 7.
88. Edward Parson and Owen Greene, "Complex Chemistry," p. 38.
89. "The Vienna Meeting," Environmental Policy and Law 26, no. 2/3 (1996): 68.
90. UNEP, Issues for Consideration, pp. 14-18.
91. Ibid., pp. 16-17.
92. UNEP, Report of the Eighth Meeting of Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, UNEP/OzL.Pro. 8/12, 19 December 1996, pp. 28-28.
93. Scan Milmo, "Russian Agreement on CFCs," p. 18.
94. John Stackhouse, "Meeting Addresses Ozone Damage," Toronto Globe and Mail, 23 November 1996.
95. See, for example, Jennifer Clapp, "Africa, NGOs and the International Toxic Waste Trade," Journal of Environment and Development 3, no. 2 (1994); Tom Princen, "The Ivory Trade Ban: NGOs and International Conservation," in Environmental NGOs in World Politics, ed. Tom Princen and Mattias Finger (London: Routledge, 1994).
96. See, for example, Jennifer Clapp, "Africa, NGOs and the International Toxic Waste Trade," Journal of Environment and Development 3, no. 2 (1994); Tom Princen, "The Ivory Trade Ban: NGOs and International Conservation," in Environmental NGOs in World Politics, ed. Tom Princen and Mattias Finger (London: Routledge, 1994).
97. See, for example, Tom Princen, "The Zero Option and Ecological Rationality in International Environmental Politics," International Environmental Affairs 8, no. 2 (Spring 1996): 147-76.