MEAs overview

Andrea Brusco Legal Officer UNEP/ROLAC

OVERVIEW OF THE PRESENTATION

• 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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MEAsMultilateral 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 JaneiroUN 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

• 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

• 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).

ImplementationMeans 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.

ComplianceMeans 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.

EnforcementRefers 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 stand-alone 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• 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.

CBDArticle 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 cross-sectoral plans, programmes and policies.

Article 8 - In-situ ConservationEach Contracting Party shall, as far as possible and as appropriate:

a) 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 signatariaObjective: 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 1994Parties: 195The 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.

• 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 CommuncationsKP: 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

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, 22-24 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: ExCOPsJoint 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