Transcript MEAs - CARICOM Secretariat

MEAs overview
Andrea Brusco
Legal Officer UNEP/ROLAC
OVERVIEW OF THE PRESENTATION
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What is an MEA?
Principles
The process of MEA development
Implementation, Compliance and Enforcement
MEAs institutions
Synergies, cooperation and collaboration
Evolution of MEAs - Clusters
Overview of selected MEAs
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MEAs
Multilateral Environmental Agreements (MEAs):
motivated by worldwide concerns about the
serious and at times irreversible environmental
effects of human activities.
Concern -> Agreement -> Solution?
When an MEA enters into force:
– implementation measures that will result in compliance
become mandatory for the Parties,
– through adoption/adaptation of national legislative and
institutional/administrative frameworks.
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What is an MEA?
• Binding international agreement between two States
(bilateral) or between three or more States
(multilateral) committing to achieve specific
environmental goals,
• Can be stand-alone; e.g. Convention on Wetlands
(Ramsar),
• Can be framework agreements (CBD),
• Binds only parties, but can affect non-parties (for
example, through trade bans under CITES)
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Principles
 1972 - Stockholm
UN Conference on Human Environment
 1992 - Rio de Janeiro
UN Conference on Environment and Development SUSTAINABLE
DEVELOPMENT
 2002 - Johannesburg
World Summit on Sustainable Development
2012 – Rio de Janeiro
UN Conference on Sustainable Development
Rio Declaration - Principles
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Sovereignty of the States over their natural resources,
Prevention,
Common but differentiated responsibilities,
Pollutant pays,
Precautionary approach,
Access to information, public participation and
environmental justice,
• National implementation of sustainable development.
The Process of MEA Development
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Pre-negotiation
Negotiation
Adoption & signature
Ratification and accession
Entry into force
Withdrawal from MEA
Adoption and Signature
• Upon agreement, the final text is adopted at the diplomatic
conference or conference of plenipotentiaries (i.e. representatives
acting with full authority of their governments),
• Signature by a State authenticates the text as the one finally agreed
upon and indicates consent to content of negotiations and
commitment to the object and purpose of the MEA,
– Legally, this means that the State agrees not to undermine the
MEA (Convention of Vienna on the Law of the Treaties)
– Signature must occur within the time period that the MEA is open
for signature.
• Reservations?: recent MEAs do not allow reservations (e.g. Vienna
Convention, Montreal Protocol, Basel Convention), some are silent
(e.g. Espoo Convention)
Ratification and Accession
States are bound when they become Party to an MEA
• A State becomes a Party by:
– Ratification (by signatories): legislature/executive
consents to treaty,
– Acceptance or approval: used when ratification is not
explicitly provided for,
– Accession: occurs after the MEA comes into force for
those States which did not sign agreement when it was
open for signature.
Amendments/Decisions
The scope of an MEA may be adjusted by way of an amendment
or decision,
– e.g. CITES requires a Decision of the Conference of the
Parties to list a species on its Annexes.
• Some MEAs require 2/3 majority (e.g. Montreal Protocol or
CITES), while others require consensus (e.g. Kyoto Protocol)
• Amendments may require ratification,
• If amendment is insufficient, a new agreement or protocol
may be necessary (e.g. Biosafety Protocol to the Convention
on Biological Diversity (CBD).
Implementation
Means promulgating and enacting relevant laws, regulations,
policies, and other measures and initiatives necessary for Parties
to meet their obligations under and achieve compliance with an
MEA.
Compliance
Means the state of conformity with obligations imposed by a State,
its competent authorities and agencies, whether directly or
through conditions and requirements in permits, licenses, and
authorizations, in implementing MEAs.
Enforcement
Refers to the range of procedures and actions employed by a State to
ensure compliance with environmental laws or regulations
implemented through MEAs by imposing civil, administrative, or
criminal penalties on violators.
Responding to Non-compliance
• Sovereign States enter into MEAs on a voluntary basis and may
withdraw, under certain conditions.
• States are reluctant to subject themselves to potential sanctions
Query: What happens when a State fails to comply with its
obligations under an MEA (e.g. failing to fulfil reporting
obligations)?
Answer: Most MEAs utilise a formal internal compliance control
procedure or non-compliance procedure (NCP), as well as some
informal mechanisms.
Why current focus on promoting implementation
of, compliance with and enforcement of MEAs?
• Last three decades saw rapid development of MEAs.
• “Positive” development as it may be, has had negative
impact on their implementation and enforcement.
• Despite the existence of so many MEAs developed
over the years, their compliance and enforcement has
been weak or inadequate.
• Result has been the recent shift of focus from
development of more MEAs to promoting compliance
with and enforcement of existing environmental
conventions especially at national level.
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MEA Institutions and Implementation (1)
UNEP: United Nations Environment Programme
• Facilitates international cooperation on environmental matters
• UNEP includes various relevant divisions, which prepare drafts of
treaties (e.g., CITES, CBD, Basel Convention, CMS), facilitate the
negotiation process, assist Parties, and maintain or support
secretariats for many MEAs
Secretariats
• May be part of an existing IGO (UNEP provides secretariat services for
Basel Convention, Ozone Convention, CBD, CMS) or may be a standalone institution (Climate Change secretariat, Ramsar).
MEA Institutions and Implementation (2)
Secretariats:
• Information Gathering: Often acts as an information clearinghouse
for the MEA (e.g. Party reports under Montreal Protocol on quantity
of ozone depleting substances), and receive annual or biannual
reports from Parties and compile it in uniform formats for effective
use at COP.
• Record Keeping: Some MEAs require the secretariat to maintain
official, technical, and other annexes essential to the MEA. (e.g.
Bureau of the Ramsar Convention maintains a list of designated
wetlands and a list of conservation targets).
• Monitor Compliance & Facilitate Implementation : In most
instances, the Secretariat has no enforcement authority, but it does
have the power of persuasion to bring a violating party into
compliance, Provide or arrange for technical support to assist parties
to improve compliance.
• Supporting the Conference of the Parties (COP)
MEA Institutions and Implementation (3)
Conference of the Parties
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The primary policy-making organ of most MEA regimes,
Typically occurs once every one or two years,
Monitor, update, revise and enforce conventions,
Can also review the state of science (Example: Article 7 of the UN
Framework Convention on Climate Change).
Subsidiary Bodies and Committees
• Created pursuant to an MEA, sometimes by a specific MEA
provision,
• Aim: address specific issues (e.g., technical issues and furthering of
technical cooperation)
• Examples
– CBD: Subsidiary Body on Scientific, Technical and Technological Advice
(SBSTTA)
– Ramsar Convention: Scientific and Technical Review panel (STRP)
Evolution of MEAs
• Pre-Rio: conservation of specific species or
habitats.
• The Rio Conventions: CBD, UNFCCC, UNCCD
• Post-Rio Conventions: Protocols to the CBD
and UNFCCC, Chemicals cluster .
Overlap: synergies, coordination &
cooperation
• Numerous MEAs lead to challenges for institutional
coordination:
– Various institutions have responsibility for implementing different
but related MEAs; e.g. CBD (UNEP), World Heritage Convention
(UNESCO), Ramsar (IUCN).
• How to coordinate and cooperate among these institutions?
Where should the leadership come from?
• This need is underscored by increasing calls to
simultaneously address environmental and development
concerns in a sustainable fashion (thematic linkages among
related MEAs)
• Thus: there is a need to improve synergies among MEAs
Clustering …
Biodiversity related MEAs - Wetlands RAMSAR 1971 , World
Cultural and
Natural Heritage 1972 , Convention on International Trade of Endangered Species CITES
1973, Convention on Biological Diversity 1992
Marine Protection and Safety - Cartagena Convention on the Protection and
Development of the Marine Env. In the Wider Caribbean 1983 and Protocols, UN
Convention opn the Law of the Sea 1982
Chemicals /Waste Management - Basel Convention on Hadarzous Wastes,
Rotterdam Convention on the Priir Informed Cosent, Stockholm Convention on POPs
Atmospheric and Climate - Vienna Covnetion for the Protecytion of the
Ozone Layer (1985) and Montreal Protocol (1989), UNFCCC (1992) and Kyoto
Protocol (2005)
Sustainable Land Management – United Nations Convention on
Combat Desertification (1992)
Overview of selected MEAs
• CBD: framework convention. Intensive
negotiaton process which led to 2
Protocols.
• UNFCCC: common but differentiated
responsibilities.
• Chemicals cluster: synergies,
collaboration & cooperation.
CBD – Convention on Biological Diversity
• Entry into force: 29 December 1993
• 42 Articles and 2 Annex
• Parties: 193
• Main objectives :
1. The conservation of biological diversity,
2. The sustainable use of its components,
3. The fair and equitable sharing of benefits arising
out of the utilization of genetic resources.
CBD
Article 6 states that each Contracting Party shall, in accordance
with its particular conditions and capabilities:
- Develop national strategies, plans or programmes for the conservation
and sustainable use of biological diversity or adapt for this purpose
existing strategies, plans or programmes which shall reflect, inter alia,
the measures set out in this Convention relevant to the Contracting
Party concerned.
- Integrate, as far as possible and as appropriate, the conservation and
sustainable use of biological diversity into relevant sectoral or crosssectoral plans, programmes and policies.
Article 8 - In-situ Conservation
Each Contracting Party shall, as far as possible and as appropriate:
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Establish a system of protected areas or areas where special measures need to be
taken to conserve biological diversity; ….
Article 9 Ex-situ Conservation
CBD
• COP-3 (Decision III/9)
– Encouraged Parties to include in their national plans, strategies,
or legislation, measures for in situ and ex situ conservation,
sectoral integration of biodiversity considerations, and the
equitable sharing of benefits from the use of genetic resources.
– Encouraged Parties to set measurable targets to achieve
biodiversity conservation and sustainable use objectives.
• COP-7
– New and revised NBSAPs should be formulated to provide a
coherent evaluation of the implementation of goals for the
Strategic Plan, 2010 Target, national and regional objectives,
and complementary plans.
– NBSAPs should emphasize the use of indicators to facilitate
assessments of progress.
CBD - Protocols
• Biosafety (CBD Art. 19) – The Cartagena Protocol
Entry into force: 11 September 2003
Parties: 147 Partes signataria
Objective: to ensure the safe handling, transport and use of living modified
organisms (LMOs) resulting from modern biotechnology that may have
adverse effects on biological diversity, taking also into account risks to
human health.
• ABS (CBD Art.15) – The Nagoya Protocol
Open to signature on 2 February 2011.
Objective: sharing the benefits arising from the utilization of genetic
resources in a fair and equitable way, including by appropriate
access to genetic resources and by appropriate transfer of relevant
technologies, taking into account all rights over those resources and
to technologies, and by appropriate funding, thereby contributing
to the conservation of biological diversity and the sustainable use of
its components.
UNFCCC : UN Framework Convention on
Climate Change
Entry into force: 21 March 1994
Parties: 195
The UNFCCC sets an overall framework for intergovernmental efforts to tackle
the challenge posed by climate change. It recognizes that the climate system is
a shared resource whose stability can be affected by industrial and other
emissions of carbon dioxide and other greenhouse gases.
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Climate change, is “a change of climate which is attributed directly or indirectly to
human activity that alters the composition of the global atmosphere and which is in
addition to natural climate variability observed over comparable periods of time.”
(UNFCCC art. 1.2)
Under the Convention, Parties:
• gather and share information on greenhouse gas emissions, national policies
and best practices ,
• launch national strategies for addressing greenhouse gas emissions and
adapting to expected impacts, including the provision of financial and
technological support to developing countries.
• cooperate in preparing for adaptation to the impacts of climate change .
UNFCCC: Parties and commitments
• Annex I Parties: OECD + PET
FC: National policies and mitigation
KP (February 2005) : Reduction y limitation of
emissions of 6 GHG (-5%)
• Non Annex I Parties
CM: National Communcations
KP: no new commitments,
• Annex II Parties: OECD
Financial assistance and technology transfer.
Chemicals Cluster: The Basel, Rotterdam
and Stockholm Conventions
Basel Convention
Rotterdam Convention
Stockholm Convention
A framework for Life Cycle Management
- The 3 conventions together cover elements
of “cradle-to-grave” management
- Common thread = POPs
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Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal
• Adopted 1989 in response to concerns about developed country companies
dumping hazardous wastes in developing countries.
• Entry into force: 5 May 1992
• Parties: 172 Parties.
Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade
• Adopted in 1998 in response to dramatic growth in chemicals trade, and
vulnerability of developing countries to uncontrolled imports.
• Entry into force: 24 February 2004
• Parties: 130
Stockholm Convention on Persistent Organic Pollutants
• Adopted in 2001 in response to an urgent need for global action on
“POPs” (chemicals that are “persistent, bioaccumulate in fatty tissues and
biomagnify through the food chain”).
• Entry into force : 17 May 2004
• Parties: 168
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Chemicals Cluster: Scope and coverage
• Basel covers wastes listed in Annex I, as further elaborated in
Annexes VIII and IX, and possessing hazardous characteristics
(e.g. explosive, flammable, poisonous, infectious, corrosive,
toxic, ecotoxic), as well as household wastes (“other
wastes”of Annex II). Wastes defined as hazardous under
national legislation can also be covered.
• Rotterdam covers pesticides and industrial chemicals that
have been banned or severely restricted for health or
environmental reasons by Parties and which have been
notified by Parties for inclusion in the PIC procedure.
• Stockholm covers 14 pesticides, and 7 industrial chemicals
and by-products.
Common Link
• Most POPs are covered by all three Conventions.
• Many pesticides are subject to the three conventions.
Chemicals cluster: ExCOPs
• The ExCOPs took place in Bali International
Convention Centre, Nusa Dua, Bali, Indonesia, 2224 February 2010.
• A committee to advise the UNEP ED and FAO DG
on the preparations for the ExCOPs, composed of
5 bureau members from each of the COPs of the
three conventions.
• Substantive issues: omnibus decisions on: Joint
services, Joint activities, Joint managerial functions,
Synchronizing budget cycles, Joint audits . Review
mechanisms and follow up
Objetive: improve support to parties
Chemicals cluster: ExCOPs
Joint services:
• Efforts towards greater coordination have resulted in a better pool of
available support and expertise; better continuity of services; uniformity of
procedures; tools to facilitating joint planning; more efficient use of staff
skills.
• Gains in effectiveness and efficiency, in addition to cost savings, will free up
the capacity of the technical staff to provide support to Parties in
implementing the Conventions.
Joint activities
• Joint planning has resulted in enhanced delivery of activities at the regional
and national levels and reduced duplication of efforts
• Joint cooperation with partners has resulted in increased awareness and
support towards the implementation of the three conventions.
• Joint use of regional centres, decentralization of activities and more
efficient use of resources required to implementation national priorities is
being supported through joint activities.
… Questions? … Comments?
Many thanks for listening