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An international environmental agreement or sometimes environmental protocol , is a type of treaty binding in international law, allowing them to reach an environmental goal. In other words, it is "an intergovernmental document intended as legally binding with a primary stated purpose of preventing or managing human impacts on natural resources." [1]
An agreement between two nations is known as a bilateral environmental agreement. If the agreement is made among three or more nations, it is called a multilateral environmental agreement (MEA). Such agreements, primarily produced by the United Nations, cover subjects such as atmospheric policies, freshwater policies, hazardous waste and substance policies, the marine environment, nature conservation policies, noise pollution and nuclear safety. [2]
The use of multilateral environment agreements began in 1857, when a German agreement regulated the flow of water from Lake Constance to Austria and Switzerland. [3] International environmental protocols came to feature in environmental governance after trans-boundary environmental problems became widely perceived in the 1960s. [4]
Between 1857 and 2012, a total of 747 multilateral environmental agreements have been concluded. [3] Following the Stockholm Intergovernmental Conference in 1972, creation of international environmental agreements proliferated. [5] MEAs were popularized by the United Nations, the majority of MEAs have been implemented since the 1972 at the United Nations Conference on the Human Environment (also known as the Stockholm Conference). [6] The Stockholm Declaration was adopted by all 113 countries in attendance at the conference, and was the first universal document of importance on an environmental issue. [6]
A complex networking system is needed for a functional MEA system. [3] Levels of government within a nation may impede each other about climate change (for example) due to opposing views or parties, [7] making implementation more difficult and impacting external relationships. Interactions between MEAs can also influence each other positively or negatively, ultimately affecting their net effectiveness. [8]
Policies surrounding an MEA are determined by the participating countries. The United Nations and the World Trade Organization are key intergovernmental organizations for forging and implementing the agreements.
There have been increasing use of environmental provisions in bilateral environmental agreements and also in international investment agreements, like bilateral environmental agreement. [9]
Protocols can take flexible approaches to improve effectiveness. [10] One example is the use of sanctions: under the Montreal Protocol, signatories were forbidden to purchase chlorofluorocarbons from non-signatories, in order to prevent any windfall benefits. [11] Funding has also been used to overcome North-South conflict: members of the Montreal Protocol created a fund of $240 million to redistribute the costs of transition. It also has different ten-year grace period for developing countries. Differential obligations are also seen in the Kyoto Protocol and can encourage wider participation, where every country have very different targets mainly based on their development.
While protocols appear to be the ultimate top-down mode of governance, having "scant provisions for public participation," [11] it is widely thought that the influence of transnational networks has been growing [5] Public opinion is relevant, as concern must exist to prompt action and dedication of government resources. [4] It kept growing more and more since the young activist Greta Thunberg started Fridays for Future. Non-governmental organizations also fulfill certain roles, from gathering information and devising policies to mobilizing support. Science plays an important part, although Susskind asserts that sometimes this role is diminished by uncertainty, disagreement, and the rise of "adversary science." [12] The business community can also be involved with positive outcomes.
How we view the effectiveness of protocols depends on what we expect from them. With little administrative force or actual power, protocols succeed in increasing government concern, enhancing the contractual environment, and heightening capacity through transfer of assets. Yet as long as sovereignty is intact, environmental protocols will not affect changes in the face of state or public apathy, guarantee national action, or materialize overnight. The progress of international environmental law might be, as Wiener suggests, like the tortoise, slow but steady. [13]
The world's existing political systems, differences and conflicts pose barriers to the creation of environmental protocols. First, maintenance of sovereignty means that no country can be forced to participate, only urged to do so. Consequently, as French states, "International law has the force of moral suasion, but few real teeth." [11] Second, North-South conflict can block cooperation and cause conflicts. The countries in the global South, considered the poor one, generally see the countries of the North, the rich one, as needing to take responsibility for environmental degradation and make significant changes in their way of living, neither of which the North deems reasonable. The south argue that the north have already had the opportunity to develop and already polluted a lot during their industrial development.
Finally, countries may lack motivation to change their environmental policies due to conflict with other interests, especially economic prosperity. If environmental protocols will cause economic difficulties or harm to a country, it may shirk the protocols while other countries adhere to them, creating a classic free-rider problem. Additionally, environmental protocols may be criticized for scientific uncertainty, or at least a lack of synthesis of scientific information, which may be used for "blocking interests and doing mischief." [5] In the case of problems like pollution and climate change, resistance typically is a product of engineered denial.
Due to these barriers, environmental protocols become an obvious target for several criticisms, such as being slow to produce the desired effects (due to the convention-protocol-ratification-implementation process), tending to the lowest common denominator, and lacking monitoring and enforcement. They can also be criticized for taking an incremental approach where sustainable development principles suggest that environmental concern should be mainstreamed.
The United Nations is involved in MEAs worldwide on a number of issues, including biological diversity, chemicals and waste, and climate and the atmosphere. One example would be the Vienna Convention for the Protection of the Ozone Layer, which was brought together to address the hazardous effects of Chlorofluorocarbons on the atmosphere. The United Nations Information Portal (InforMEA) brings together MEAs by harvesting COP decisions and resolutions, news, events, MEA membership, national focal points, national reports and implementation plans from MEA secretariats and organizes this information around a set of agreed terms, for the benefit of Parties and the environment community at large [14]
The World Trade Organization has been involved in MEA negotiations due to the agreements' trade implications. The organization has trade and environmental policies which promote the protection and preservation of the environment. Its objective is to reduce trade barriers and coordinate trade-related measures with environmental policies. [15] Since MEAs protect and preserve the environment, they may help ease restrictions on trade. [16] The WTO's principles are based on non-discrimination, free trade through reduction of trade barriers and fair competition, and MEAs have been rejected for not being in accordance with the organization's principles. The WTO is working with and implementing over 350 MEAs worldwide.[ citation needed ] Most of the agreements involve five core countries[ which? ] which are committed to environmental improvement and free trade. [17] WTO members are legally bound to respect negotiated reductions of barriers to trade. [17] However, conflict has arisen due to trade restriction. [17]
Australia is noted for its wide variety of animal species and diverse environment, which includes beaches, deserts and mountains, [18] and climate change is a major concern. The country is under the largest ozone hole in the world,[ citation needed ] with environmental impact. Australia's proximity to Antarctica raises concerns about sea-level rise and changes in ocean currents which influence climate.
Canada's multilateral environmental agreements encompass air, biodiversity and ecosystems, chemicals and waste, climate change, environmental cooperation, marine and the oceans, and meteorology. [19] Canada has taken an initiative due to the country's variety of natural resources, climates and populated areas, all of which can contribute to environmental stress. Relevant cases include Pakootas v. Teck Cominco Metals, in which the United States Supreme Court upheld a ruling of a lower court and charged a Canadian company, Teck Resources, for contaminating the Columbia River in the United States. [20] Teck Resources smelter in Trail, British Columbia is upstream of the United States border. [21]
The United States has committed to the Montreal Protocol on Substances that Deplete the Ozone Layer, and global negotiations on mercury. [22] The number of MEAs in which the U.S. is involved is substantially lower than Canada's, despite its greater population and larger carbon footprint and economy.
The General Agreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis."
The Montreal Protocol on Substances That Deplete the Ozone Layer is an international treaty designed to protect the ozone layer by phasing out the production of numerous substances that are responsible for ozone depletion. It was agreed on 16 September 1987, and entered into force on 1 January 1989. Since then, it has undergone nine revisions, in 1990 (London), 1991 (Nairobi), 1992 (Copenhagen), 1993 (Bangkok), 1995 (Vienna), 1997 (Montreal), 1999 (Beijing) and 2016 (Kigali). As a result of the international agreement, the ozone hole in Antarctica is slowly recovering. Climate projections indicate that the ozone layer will return to 1980 levels between 2040 and 2066. Due to its widespread adoption and implementation, it has been hailed as an example of successful international co-operation. Former UN Secretary-General Kofi Annan stated that "perhaps the single most successful international agreement to date has been the Montreal Protocol". In comparison, effective burden-sharing and solution proposals mitigating regional conflicts of interest have been among the success factors for the ozone depletion challenge, where global regulation based on the Kyoto Protocol has failed to do so. In this case of the ozone depletion challenge, there was global regulation already being installed before a scientific consensus was established. Also, overall public opinion was convinced of possible imminent risks.
The United Nations Environment Programme (UNEP) is responsible for coordinating responses to environmental issues within the United Nations system. It was established by Maurice Strong, its first director, after the United Nations Conference on the Human Environment in Stockholm in June 1972. Its mandate is to provide leadership, deliver science and develop solutions on a wide range of issues, including climate change, the management of marine and terrestrial ecosystems, and green economic development. The organization also develops international environmental agreements; publishes and promotes environmental science and helps national governments achieve environmental targets.
The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that govern international trade in cooperation with the United Nations System. The WTO is the world's largest international economic organization, with 166 members representing over 98% of global trade and global GDP.
A trade agreement is a wide-ranging taxes, tariff and trade treaty that often includes investment guarantees. It exists when two or more countries agree on terms that help them trade with each other. The most common trade agreements are of the preferential and free trade types, which are concluded in order to reduce tariffs, quotas and other trade restrictions on items traded between the signatories.
Trade justice is a campaign by non-governmental organisations, plus efforts by other actors, to change the rules and practices of world trade in order to promote fairness. These organizations include consumer groups, trade unions, faith groups, aid agencies and environmental groups.
Global governance refers to institutions that coordinate the behavior of transnational actors, facilitate cooperation, resolve disputes, and alleviate collective action problems. Global governance broadly entails making, monitoring, and enforcing rules. Within global governance, a variety of types of actors – not just states – exercise power. Governance is thus broader than government.
Since its creation in 1995, the World Trade Organization (WTO) has worked to maintain and develop international trade. As one of the largest international economic organizations, it has strong influence and control over trading rules and agreements, and thus has the ability to affect a country's economy immensely. The WTO policies aim to balance tariffs and other forms of economic protection with a trade liberalization policy, and to "ensure that trade flows as smoothly, predictably and freely as possible". Indeed, the WTO claims that its actions "cut living costs and raise standards, stimulate economic growth and development, help countries develop, [and] give the weak a stronger voice." Statistically speaking, global trade has consistently grown between one and six percent per annum over the past decade, and US$38.8 billion were allocated to Aid for Trade in 2016.
The Global Environment & Trade Study (GETS) was a non-profit research institute established in 1994 to study the complex linkages between international trade and environmental sustainability. GETS supported numerous research projects on the legal, economic, and ecological aspects of trade and environment.
Proposals for the creation of a United Nations Environmental Organization (UNEO) have come as some question the efficacy of the current United Nations Environment Programme (UNEP) at dealing with the scope of global environmental issues. Created to act as an anchor institution in the system of Global Environmental Governance (GEG), it has failed to meet those demands. The UNEP has been hindered by its title as a Programme as opposed to a specialized agency like the United Nations Educational, Scientific and Cultural Organization (UNESCO) or the World Health Organization (WHO), in addition to a lack of voluntary funding, and a location removed from the centers of political power, in Nairobi, Kenya. These factors have led to widespread calls for UNEP reform, and following the publication of Fourth Assessment Report of the IPCC in February 2007, a "Paris Call for Action" read out by French President Chirac and supported by 46 countries, called for the UNEP to be replaced by a new and more powerful United Nations Environment Organization, to be modelled on the World Health Organization. The 52 countries included the European Union nations, but notably did not include the United States and BRIC, the top five emitters of greenhouse gases.
Environmental governance (EG) consists of a system of laws, norms, rules, policies and practices that dictate how the board members of an environment related regulatory body should manage and oversee the affairs of any environment related regulatory body which is responsible for ensuring sustainability (sustainable development) and manage all human activities—political, social and economic. Environmental governance includes government, business and civil society, and emphasizes whole system management. To capture this diverse range of elements, environmental governance often employs alternative systems of governance, for example watershed-based management. Obviously, in fact the EG arrangements are very diversed and not at all as inclusive as we could wish them to be.
Climate governance is the diplomacy, mechanisms and response measures "aimed at steering social systems towards preventing, mitigating or adapting to the risks posed by climate change". A definitive interpretation is complicated by the wide range of political and social science traditions that are engaged in conceiving and analysing climate governance at different levels and across different arenas. In academia, climate governance has become the concern of geographers, anthropologists, economists and business studies scholars.
Rajendra Madhavrao Shende, an alumnus of Indian Institute of Technology (IIT) and former director in United Nations Environment Programme (UNEP), is currently serving as the founder director of Green TERRE Foundation. which is a not-for-profit organization working towards global goals of NetZero, Carbon Neutrality, Climate Change, Global Warming and Environment, as per various protocols of United Nations' sustainable development goals (SDGs). He is the ideator and director of Smart Campus Cloud Network (SCCN) which is a network of global universities which have pledged to make their campuses carbon neutral by achieving NetZero targets. This program has been widely acclaimed as innovative and practical solution which offers the students hands-on experience and expertise in NetZero and Carbon Neutrality. He previously held the position as chairman of TERRE Policy Centre which is a not-for-profit organization engaged in the policy development and project based advocacy on the sustainable development. Before August 2011, he was the Head of the OzonAction Branch of the United Nations Environment Programme, Division of the Technology, Industry and Economics in Paris.
The Earth Negotiations Bulletin (ENB) is a reporting service providing daily coverage on a variety of global environmental and sustainable development negotiations.
The International Institute for Sustainable Development (IISD) is an independent think tank founded in 1990 working to shape and inform international policy on sustainable development governance. The institute has three offices in Canada - Winnipeg, Ottawa, and Toronto, and one office in Geneva, Switzerland. It has over 150 staff and associates working in over 30 countries.
Multistakeholder governance is a practice of governance that employs bringing multiple stakeholders together to participate in dialogue, decision making, and implementation of responses to jointly perceived problems. The principle behind such a structure is that if enough input is provided by multiple types of actors involved in a question, the eventual consensual decision gains more legitimacy, and can be more effectively implemented than a traditional state-based response. While the evolution of multistakeholder governance is occurring principally at the international level, public-private partnerships (PPPs) are domestic analogues.
Bradnee Chambers was an expert on international environmental governance, law and politics. In March 2013 he was appointed as the Executive Secretary of the Convention on the Conservation of Migratory Species of Wild Animals (CMS), a main United Nations multilateral conservation treaty He was also the acting Executive Secretary of the Gorilla Agreement and the Agreement on the Conservation of Small Cetaceans in the Baltic, North East Atlantic, Irish and North Seas (ASCOBANS) both administered under the UN Environment Programme. These agreements form the global framework for conservation of wild animals migrating between countries. The agreements cover an immense scope of wildlife including whales, dolphins, sharks, elephants, big cats, bats, monarch butterflies, saiga antelope, waterbirds, and migratory fish.
The World Trade Organization (WTO) is an intergovernmental organization which regulates international trade. The WTO officially commenced on 1 January 1995 under the Marrakesh Agreement, signed by 123 nations on 15 April 1994, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The WTO deals with regulation of trade between participating countries by providing a framework for negotiating trade agreements and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements, which is signed by representatives of member governments and ratified by their parliaments. Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round (1986–1994).
K. Madhava Sarma (1938-2010) was the first Executive Secretary of the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer from 1991 to 2000 at the United Nations Environment Programme (UNEP). He is considered one of the founders and leading figures in the success of the Montreal Protocol that established legally binding controls on the production and consumption of chemicals that cause ozone depletion and damage the stratospheric ozone layer which protects the Earth against the harmful effects of ultraviolet radiation. These effects include skin cancer, sunburn, permanent blindness and cataracts as well as harm to plants and animals. The Montreal Protocol was recognized by Kofi Annan, former Secretary General of the United Nations as being “perhaps the single most successful international environmental agreement to date" and went on to become the first treaty in the history of the United Nations to be universally ratified in 2008 by 197 countries.