Global Institutional Mechanisms Of Environmental Concern And Nepal

GLOBAL INSTITUTIONAL MECHANISMS OF ENVIRONMENTAL CONCERN AND NEPAL

The Reasoning

The earth is one and all nation states depend

on its resources for prosperity. Environmental benefits as well as harms

arising due to the state activities are transboundary in nature. Therefore, environmental protection needs local, regional and global efforts.

The development of institutional mechanisms

Cross-boundary consequences of state

activities were recognized during early 20th century; formal laws, conventions, agreements and charters to protect the global environment begun to be devised during the 1970s.

Some of the early international conventions

(during 70’s) focused on Air pollution, wetlands, Human environment, Marine Pollution, Endangered species of plants and animals etc.

Ozone depletion, hazardous waste and

The development of institutional mechanisms Global environmental issues became the

agenda of the United Nations and the scientific community in the 90s.  Rio Conference 1992 was of great importance

that gave rise to crucial documents e.g Framework Convention on Climate Change, Rio Declaration, Convention of Biodiversity, Statement on Forest Principles, Agenda-21.  The decade also observed establishment of United Nations Commission on Sustainable Development, Kyoto Conference (Protocol) 1997, Earth Summit 1997.

Other highlights of the decade were the

Polluter s Pay Principle, Precautionary Principle, Environmental Impact Assessment, Sustainable Development Principle

Ramsar Convention on Wetlands of International Importance, 1971 Held in the Iranian city of Ramsar in 1971. Mission: the conservation and wise use of all

wetlands through local, regional and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world Total Contracting Parties: 158 Total number of wetland sites of international importance listed so far: 1743 Total area of wetlands listed as sites of international importance: 161,177,358 Ha Nepal has total of 8 wetlands of international

significance (Koshi Tappu, Jagdishpur Reservoir, Beeshazari, Ghodaghodi, Gyoko, Shey phoksundo,

Stockholm Conference on Human Environment 1972

Widely believed that Stockholm Conference 1972

was the beginning of the modern Environmental Laws at international level. Attended by 114 states, it gave rise to three nonbinding environmental tools. They are;  a resolution on institutional and financial arrangements,  an action plan containing 109 recommendations,  a declaration containing 26 principles (Stockholm Declaration), Gave rise to the priority debate on Environmental

Protection and Socioeconomic Development Also gave rise to the establishment of UNEP in the same year: It supports economic development for environmental Protection!!!

Stockholm Conference 1972 Stockholm Declaration Principle 20- Access to information by the states related to activities that will have impact on the environment Principle 21- the States not to cause harm to other states while exploiting their own resources Principle 22- the States to cooperate for developing mechanisms for liability and compensation Principle 25- International organizations to cooperate in environmental protection

From Stockholm to Rio (1992) UNEP pushed on the issues on Global Environmental Monitoring System and initiated conventions like; Geneva Convention 1979: focused on Transboundary Air Pollution and its impacts such as Ozone depletion: use and production of CFCs was banned following the Montreal Protocol-1987, Acid Rain: imposed general obligation on nation states to reduce and prevent air pollution but no specific binding guidelines proposed The World Conservation Strategy 1980: Encouraged

Nation states to prepare national conservation strategies based on the theme “Caring for the Earth” United Nations World Charter for Nature 1982: Conservation as an end not as a means

From Stockholm to Rio (1992) Establishment of World Commission on Environment and Development (1983) produced the Brundtland Report (1987) called Our Common Future. Some of the features of the report, Supported and expanded the role and concept of Sustainable Development by the UN and the nation states. Identified legal and institutional issues in the decision making (eg. use of EIA) Emphasized on the “needs” of the poor Reoriented the role of technology and social organizations to meet the needs of present and future generations

The Rio Conference 1992 Also called UN Conference on Environment and

Development, “the Earth Summit” and Eco-1992. The largest ever conference of the UN with an environmental theme- attended by 178 governments of which 120 were the Head of States The Conference aimed at devising strategies to integrate environment and development. Highlights of the conference: Enhanced cooperation between developing and developed nations Initiated agreements such as Framework Convention on Climate Change, Convention on Biodiversity and Statement on Forest Principles, Gave rise to the Rio Declaration and the Agenda 21 at the end

The Rio Conference 1992 United Nations Framework Convention on Climate Change (UNFCCC) 1992: Signed by 150 nations the convention was

aimed at cutting down Greenhouse gases (although no specific targets were set on the level of consumption or emission). The agreements reached were about, Provision for financial contributions by nation states to combat Climate Change equitably (wealthier nations to contribute more) Promotion, facilitation, and transfer of technology from wealthier to the poorer

The Rio Conference 1992 Convention on Biodiversity 1992: Focused on the conservation and sustainable use of biodiversity. Highlights: signed by 153 nations in 1992 and came into effect in 1993. required parties to submit the measures they designed and their effectiveness addressed issues about the access to the use and benefits of genetic resources, dealing with biotechnology. (The USA did not agree to the decisions until late 1990s. Drawbacks Did not specify the role of local community in managing biodiversity No specific compliance measures and methods were

The Forest Principles 1992 Non-legally binding statement of principles

for a global consensus on the management, conservation and sustainable development of all types of forests. Highlights: Forests are not the common property of all but that of individual nations and management of the resources is the responsibility of respective governments Suggests that international barriers on the trade of timber and other forest products should be removed.

The Rio Declaration on Environment and Development Sets out 27 principles that seek international cooperation for the development of mechanisms on sustainable development. Highlights Emphasized on the application of the Precautionary principle and EIA, Required multi-lateral development banks and organizations to consider the environmental concerns, Recognizes common but differential responsibility to global environmental problems, Requires nation states to set standards, objectives, and priorities for environmental sustainability in development plans

The Agenda 21 Represents “an agreed program of work by international community addressing major environmental and development priorities for the period of 1993-2000 that leads to the 21st century. Highlights: Demands high political commitment by nations for the implementation of national strategies, plans and policies for sustainable development Recognizes enhanced role of the UN, global and regional organizations, governments, NGOs, the public and individuals. Recommended the creation of the Commission on Sustainable Development among the UN bodies Gave rise to the shift in the culture of

The Agenda 21 Drawbacks: Failed to specify mechanisms to extract funds from the developed nations to achieve global environmental sustainability Unable to generate funds in to the Global Environment Facility (GEF-1991) that provides financial support to developing countries Did not address the question of world population/demand, The issue about technology-transfer remained unclear

Implementation has been difficult Difficulties associated with the efficient functioning of international institutional mechanisms on environmental protection The environmental harm should be large and notorious for the states to act upon The environmental harm has to have cross-country effects Individual nation states prioritize their own interests, such as economic growth, to the global agenda The cause and effect of an environmental harm are difficult to prove with certainty. Success depends heavily on political rather than legal commitments Yet, they serve as the basis of international cooperation among members of the international community