Prescriptive Treaties in Global Warming: Applying the Factors Leading to the Montreal Protocol

Publication Date

Spring 2001

Document Type



The international community has long recognized that environmental problems can reach beyond territorial borders to affect the entire globe. The global community has also recognized that environmental problems often manifest long before the scientific community can conclusively point to a cause.

One of the main problems in resolving global warming is convincing developing nations that they can reduce their emissions without compromising their economic growth. Developing nations want to continue down the same path developed countries took to industrialize, even if it negatively affects the environment. Many of the developing nations rightfully claim that developed nations exploited the environment to make their economic strides. Yet developed nations now are unwilling for developing nations to take similar steps.

The only prescriptive environmental agreement that successfully overcome similar problems is the Montreal Protocol. The key to its success was the effective negotiation and implementation of a technology transfer and financing provision. While several other international agreements have similar provisions, none have been implemented as successfully as the Montreal Protocol.

In order to combat the ever-increasing problem of global warming, developing nations need technology that will limit emissions while allowing for economic growth. This paper examines the problem of global warming and the reasons developing nations currently are unable to reduce their emissions. It then looks at the factors leading to the success of the Montreal Protocol and examine the global warming debate in light of these factors.

Publication Title

Michigan Journal of International Law