Multilateral Environmental Agreements (MEAs)

Introduction

BACKGROUNDWhat are MEAs ?

MEAs are international legal instruments that:> have a goal of environmental protection (sustainable development);> take measures to remedy, mitigate or otherwise deal with global and/or regional environmental concerns;> are concluded between a large number of states or international organizations as Parties;> can be embodied in a single instrument or more related instruments;> are governed by international law;> are concluded in written form.

Many global environmental issues don’t stop at the border:> they are caused by sources thousands of kilometers away;> they can have a regional or even a global impact.

BACKGROUNDTransboundary Problems

• Transboundary environmental problems can be solved only by multilateral environmental agreements

• Most UN Agencies work on transboundary issues using MEAs

Transboundary Environmental

Issues

Multilateral Environmental Agreements

PROBLEM SOLUTION

BACKGROUNDWhat are MEAs ?

International legal instruments that: have a goal of environmental protectionare concluded between a large number of

states or international organizations as partiesconcluded in written formgoverned by international lawcan be embodied in a single instrument or in

two or more related instruments (framework agreements)

BACKGROUNDWhat are MEAs ?

Climate Change: UN Framework Convention on Climate ChangeBiodiversity: UN Convention on Biological DiversityDesertification: UN Convention to Combat Desertification

Climate Change Biodiversity Desertification

Example: The “Big Three” MEAs

1972 - Stockholm Conference on the Human Development

BACKGROUNDMilestones in the evolution of MEAs

1992 - Rio Conference on Environment and Development

> First attempt to address relationship between environment and development at global level;> Adopted first global action plan for the environment;> Established UNEP.

> National and international policies redirected towards integration of environmental, economic and social objectives;> 2 main outputs: Rio Declaration and Agenda 21;> Accelerated the development of modern MEAs: more than 60% of present MEAs established after 1992.

BACKGROUNDNumber of parties to MEAs

Stockholm Conference (1972) Rio Conference (1992)

BACKGROUNDA Sample of International MEAs

• Framework Convention on Climate Change• Convention on Biological Diversity• Convention to Combat Desertification• Montreal Protocol on substances that Deplete the

Ozone Layer• Convention on Wetlands (RAMSAR)• Law of the Sea• Forestry Principles• Basel Convention on Hazardous Wastes• Convention on prevention of Marine Dumping• Convention on Long Range Transboundary Air Pollution• International Tropical Timber Agreement

MEA = Multilateral Environmental Agreement (for example, Kyoto Protocol)

BACKGROUNDCore MEAs

• MEAs of global significance

• negotiation, development or activities are associated with UN work

• Shared Goal: – Sustainable Development

• Cross-cutting issue: – pollution/waste management

ATMOSPHERESEAS

CHEMICALS & HAZARDOUS

WASTELAND

MAIN CLUSTERSScope of MEAs: 5 topics

BIODIVERSITY

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• Consists of MEAs related to protection and conservation of biodiversity.

• Main MEA - The Biodiversity Convention

Protection of biodiversity is directly relevant to pollution management and efficient use of

resources, and, therefore, to Cleaner Production

BIODIVERSITY

MEA ClustersBiodiversity

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MEAs aimed at protection of atmosphere from pollutants. For example:•Montreal Protocol on Substances that Deplete Ozone Layer•The Kyoto Protocol to the UN Framework Convention on Climate Change

Implementation of the atmosphere cluster MEAs requires effective pollution management

SEASATMOSPHERE

MEA ClustersAtmosphere

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• Conventions relevant to marine environment:– 17 Regional Seas Conventions and A number of

Protocols on land-based sources of pollution of marine environment

– Global Program of Action for the Protection of the Marine Environment from Land-Based Activities (GPA)

Most MEAs in the marine cluster are multi-sectoral agreements based on precautionary and preventive

approaches,

SEAS

MEA ClustersMarine Environment

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• Deal with hazardous impacts of wastes and chemical pollution

• Main treaties of the cluster:– Basel Convention on the Control of

Transboundary Movements of Hazardous Wastes and Their Disposal

– Rotterdam Convention on the Prior Informed Consent for Certain Hazardous Chemicals and Pesticides in International Trade

– Stockholm Convention on Persistent Organic Pollutants (POPs).

CHEMICALS & HAZARDOUS

WASTE

MEA ClustersChemicals and Hazardous Wastes

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• Legally-binding agreements– set commitments in form of

legally-binding targets and time-tables

• Non-binding instruments– set out important issues and

priorities, foster discussion and attention, and stimulate new thinking and development of legally-binding instruments

Legally Binding Treaties Conventions Agreements Protocols Accords Pacts

Non- Legally Binding Resolutions Decisions Declarations Recommendations

HA

RD

LAW

SO

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AW

MEA ClustersKey Concepts

ORGANISATIONFrom negotiation to ratification

How are MEA’s developed ?> A negotiation process between countries involved;> Often initiated and facilitated/moderated by UNEP;> Resulting in a mutual agreed and signed protocol during a high-level tailored conference.

> Initial agreement (international legal instrument) are signed between the signatories (states);> MEAs include provision on number of ratification from signatories needed to come into force;> Once a country (or “Party”) ratifies, accepts, approves or accedes an MEA, it is subject to the provisions under the MEA.

How do MEAs come into force ?

ORGANISATIONHow do MEAs work ?

> Converting international commitments into national measures.IMPLEMENTATION

> Countries adhere to the agreement provisions and undertake implementation measures (e.g. national reporting).

COMPLIANCE

> Formal (national or international) procedures and actions by which compliance is compelled or noncompliance deterred.

ENFORCEMENT

> Whether a MEA resolves a problem that caused its creation.

EFFECTIVENESS

ORGANISATIONInstitutional elements

> Decision-making body on implementation and development of MEAs.COP – Conference of Parties

> Support to COP (provided by an international organization).Secretariat

> Generally advisory in nature, report to COP on scientific, technical, or financial matters.

Executive and subsidiary bodies

> Facilitate exchange of information (websites, databases, etc.).Clearinghouses

> Represented by the national authorities and/or institutions, training and information centers.

Implementation actors on national level

IMPLEMENTATIONStrengths & weaknesses of MEA’s

> Joint strategy to deal with global issues;> Clearly defines who should do what;> Conflict settlement instruments;> Provides increased attention to preventive - precautionary approach.

> Lack of synergy among MEAs;> Inadequate funding for many MEAs;> Lack of performance indicators;> Inadequate coordination among MEA’s at national level;> No international enforcement mechanisms in most MEAs.

STRENGTHS

WEAKNESSES

IMPLEMENTATIONProblems with MEAs

While MEAs are legally binding, they suffer from the inability or unwillingness of Parties (or countries) to implement and enforce them:

lack of financial and human resources the sheer volume and complexity of associated

obligations and responsibilities inconsistency in implementation regimes between

countries, and occasionally a lack of political will.

IMPLEMENTATIONWhat can Environmental Policy do ?

What are the advantages of cross-cutting capacity building activities of Environmental Policy initiatives and MEAs ?

> Policy advice;> Technical and financial assistance; > Assessment and management of pollution; > Education and awareness;> Information exchange;> Strengthened participation of all stakeholders in the decision-making;> International partnership.

IMPLEMENTATIONCore question

Most important question to ask about MEAs:

So What ??!