International Environmental Laws.docx

INTERNATIONAL ENVIRONMENTAL LAWS I.

Rio Declaration

The objectives of this declaration is to establish a new and equitable global partnership through the creation of new levels of cooperation among States, key sectors of societies and people, working towards international agreements which respect the interests of all and protect the integrity of the global environmental and developmental system, recognizing the integral and interdependent nature of the Earth. It proclaims 27 principles (Unesco, 1999). It recognized the of the sovereign right of the State to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations. All States and all people shall co-operate in the essential task of eradicating poverty as an indispensable requirement for sustainable development, in order to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world. International actions in the field of environment and development should also address the interests and needs of all countries. States shall co-operate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth's ecosystem. They should reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies to achieve sustainable development and a higher quality of life for all people. They shall also enact effective environmental legislation. Environmental standards, management objectives and priorities should reflect the environmental and developmental context to which they apply (Ibid). Furthermore, States should co-operate to promote a supportive and open international economic system that would lead to economic growth and sustainable development in all countries, to better address the problems of environmental degradation. Trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country should be avoided. Environmental measures addressing transboundary or global environmental problems should, as far as 1

possible, be based on an international consensus. States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. They shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the Charter of the United Nations (Ibid). Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority. Women, the youth and the Indigenous people and their communities, and other local communities, have a vital role in environmental management and development (Ibid).

II.

Cartagena Protocol

The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international agreement which aims 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. It was adopted on 29 January 2000 and entered into force on 11 September 2003 (Convention on Biodiversity, 2016). In accordance with the precautionary approach contained in Principle 15 of the Rio Declaration on Environment and Development, the objective of this Protocol is to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health, and specifically focusing on transboundary movements (Montreal, 2000). III.

Basel Convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted on 22 March 1989 by the Conference of Plenipotentiaries in Basel, Switzerland, in response to a public outcry following the discovery, in the 1980s, in Africa and other parts of the developing world of deposits of toxic wastes imported from abroad (UNEP, 2011). 2

Awakening environmental awareness and corresponding tightening of environmental regulations in the industrialized world in the 1970s and 1980s had led to increasing public resistance to the disposal of hazardous wastes – in accordance with what became known as the NIMBY (Not In My Back Yard) syndrome – and to an escalation of disposal costs. This in turn led some operators to seek cheap disposal options for hazardous wastes in Eastern Europe and the developing world, where environmental awareness was much less developed and regulations and enforcement mechanisms were lacking. It was against this background that the Basel Convention was negotiated in the late 1980s, and its thrust at the time of its adoption was to combat the “toxic trade”, as it was termed. The Convention entered into force in 1992 (Ibid). The overarching objective of the Basel Convention is to protect human health and the environment against the adverse effects of hazardous wastes. Its scope of application covers a wide range of wastes defined as “hazardous wastes” based on their origin and/or composition and their characteristics, as well as two types of wastes defined as “other wastes” - household waste and incinerator ash. The provisions of the Convention center around the following principal aims:  the reduction of hazardous waste generation and the promotion of environmentally sound management of hazardous wastes, wherever the place of disposal;  the restriction of transboundary movements of hazardous wastes except where it is perceived to be in accordance with the principles of environmentally sound management; and  a regulatory system applying to cases where transboundary movements are permissible. The first aim is addressed through a number of general provisions requiring States to observe the fundamental principles of environmentally sound waste management (article 4). A number of prohibitions are designed to attain the second aim: hazardous wastes may not be exported to Antarctica, to a State not party to the Basel Convention, or to a party having banned the import of hazardous wastes (article 4). Parties may, however, enter into bilateral or multilateral agreements on hazardous waste management with other parties or with non-parties, provided that such agreements are “no less environmentally sound” than the Basel Convention (article 11). In all cases where transboundary movement is not, in principle, prohibited, it may take place only if it represents an environmentally sound solution, if the principles of environmentally sound

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management and non-discrimination are observed and if it is carried out in accordance with the Convention’s regulatory system (Ibid). The regulatory system is the cornerstone of the Basel Convention as originally adopted. Based on the concept of prior informed consent, it requires that, before an export may take place, the authorities of the State of export notify the authorities of the prospective States of import and transit, providing them with detailed information on the intended movement. The movement may only proceed if and when all States concerned have given their written consent (articles 6 and 7). The Basel Convention also provides for cooperation between parties, ranging from exchange of information on issues relevant to the implementation of the Convention to technical assistance, particularly to developing countries (articles 10 and 13). The Secretariat is required to facilitate and support this cooperation, acting as a clearing-house (article 16). In the event of a transboundary movement of hazardous wastes having been carried out illegally, i.e. in contravention of the provisions of articles 6 and 7, or cannot be completed as foreseen, the Convention attributes responsibility to one or more of the States involved, and imposes the duty to ensure safe disposal, either by re-import into the State of generation or otherwise. The Convention also provides for the establishment of regional or sub-regional centres for training and technology transfers regarding the management of hazardous wastes and other wastes and the minimization of their generation to cater to the specific needs of different regions and subregions (article 14). Fourteen such centres have been established. They carry out training and capacity building activities in the regions (UNEP, 2011). IV.

Stockholm Convention

The Stockholm Convention on Persistent Organic Pollutants was adopted by the Conference of Plenipotentiaries on 22 May 2001 in Stockholm, Sweden. The Convention entered into force on 17 May 2004 (UNEP, 2008). The Stockholm Convention on Persistent Organic Pollutants is a global treaty to protect human health and the environment from chemicals that remain intact in the environment for long periods, become widely distributed geographically, accumulate in the fatty tissue of humans and wildlife, and have harmful impacts on human health or on the environment.

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Exposure to Persistent Organic Pollutants (POPs) can lead to serious health effects including certain cancers, birth defects, dysfunctional immune and reproductive systems, greater susceptibility to disease and damages to the central and peripheral nervous systems. Given their long range transport, no one government acting alone can protect its citizens or its environment from POPs. In response to this global problem, the Stockholm Convention, which was adopted in 2001 and entered into force in 2004, requires its parties to take measures to eliminate or reduce the release of POPs into the environment. As set out in Article 1, the objective of the Stockholm Convention is to protect human health and the environment from persistent organic pollutants. Main provisions

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Among others, the provisions of the Convention require each party to: Prohibit and/or eliminate the production and use, as well as the import and export, of the intentionally produced POPs that are listed in Annex A to the Convention (Article 3) Annex A allows for the registration of specific exemptions for the production or use of listed POPs, in accordance with that Annex and Article 4, bearing in mind that special rules apply to PCBs. The import and export of chemicals listed in Annex A can take place under specific restrictive conditions, as set out in paragraph 2 of Article 3. Restrict the production and use, as well as the import and export, of the intentionally produced POPs that are listed in Annex B to the Convention (Article 3) Annex B allows for the registration of acceptable purposes for the production and use of the listed POPs, in accordance with that Annex, and for the registration of specific exemptions for the production and use of the listed POPs, in accordance with that Annex and Article 4. The import and export of chemicals listed in Annex B can take place under specific restrictive conditions, as set out in paragraph 2 of Article 3. Reduce or eliminate releases from unintentionally produced POPs that are listed in Annex C to the Convention (Article 5) The Convention promotes the use of best available techniques and best environmental practices for preventing releases of POPs into the environment.

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Ensure that stockpiles and wastes consisting of, containing or contaminated with POPs are managed safely and in an environmentally sound manner (Article 6) The Convention requires that such stockpiles and wastes be identified and managed to reduce or eliminate POPs releases from these sources. The Convention also requires that wastes containing POPs are transported across international boundaries taking into account relevant international rules, standards and guidelines. To target additional POPs (Article 8) The Convention provides for detailed procedures for the listing of new POPs in Annexes A, B and/or C. A Committee composed of experts in chemical assessment or management - the Persistent Organic Pollutants review Committee, is established to examine proposals for the listing of chemicals, in accordance with the process set out in Article 8 and the information requirements specified in Annexes D, E and F of the Convention. Other provisions of the Convention relate to the development of implementation plans (Article 7), information exchange (Article 9), public information, awareness and education (Article 10), research, development and monitoring (Article 11), technical assistance (Article 12), financial resources and mechanisms (Article 13), reporting (Article 15), effectiveness evaluation (Article 16) and non-compliance (Article 17) (UNEP, 2008).

V.

Rotterdam Convention

The text of the Rotterdam Convention was adopted on 10 September 1998 by a Conference of Plenipotentiaries in Rotterdam, the Netherlands. The Convention entered into force on 24 February 2004. Objectives 

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to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health and the environment from potential harm; to contribute to the environmentally sound use of those hazardous chemicals, by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export and by disseminating these decisions to Parties. The Convention creates legally binding obligations for the implementation of the Prior Informed Consent (PIC) procedure. It built on the voluntary PIC procedure, initiated by UNEP and FAO in 1989 and ceased on 24 February 2006. 6

Major Provisions: The Convention 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. One notification from each of two specified regions triggers consideration of addition of a chemical to Annex III of the Convention. Severely hazardous pesticide formulations that present a risk under conditions of use in developing countries or countries with economies in transition may also be proposed for inclusion in Annex III. Once a chemical is included in Annex III, a "decision guidance document" (DGD) containing information concerning the chemical and the regulatory decisions to ban or severely restrict the chemical for health or environmental reasons, is circulated to all Parties. Parties have nine months to prepare a response concerning the future import of the chemical. The response can consist of either a final decision (to allow import of the chemical, not to allow import, or to allow import subject to specified conditions) or an interim response. Decisions by an importing country must be trade neutral (that is, decisions must apply equally to domestic production for domestic use as well as to imports from any source). The import decisions are circulated and exporting country Parties are obligated under the Convention to take appropriate measure to ensure that exporters within its jurisdiction comply with the decisions. The Convention promotes the exchange of information on a very broad range of chemicals. It does so through:  

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the requirement for a Party to inform other Parties of each national ban or severe restriction of a chemical; the possibility for Party which is a developing country or a country in transition to inform other Parties that it is experiencing problems caused by a severely hazardous pesticide formulation under conditions of use in its territory; the requirement for a Party that plans to export a chemical that is banned or severely restricted for use within its territory, to inform the importing Party that such export will take place, before the first shipment and annually thereafter;

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the requirement for an exporting Party, when exporting chemicals that are to be used for occupational purposes, to ensure that an up-todate safety data sheet is sent to the importer; and labeling requirements for exports of chemicals included in the PIC procedure, as well as for other chemicals that are banned or severely restricted in the exporting country (UNEP, 2010). VI.

Montreal Protocol

The Montreal Protocol, finalized in 1987, is a global agreement to protect the stratospheric ozone layer by phasing out the production and consumption of ozone-depleting substances (ODS). The stratospheric ozone layer filters out harmful ultraviolet radiation, which is associated with an increased prevalence of skin cancer and cataracts, reduced agricultural productivity, and disruption of marine ecosystems (U.S. Department of State, n.d). The Montreal Protocol has proven to be innovative and successful, and is the first treaty to achieve universal ratification by all countries in the world. Leveraging worldwide participation, the Montreal Protocol has sent clear signals to the global market and placed the ozone layer, which was in peril, on a path to repair. Full implementation of the Montreal Protocol is expected to result in avoidance of more than 280 million cases of skin cancer, approximately 1.6 million skin cancer deaths, and more than 45 million cases of cataracts in the United States alone by the end of the century, with even greater benefits worldwide. The Montreal Protocol’s Scientific Assessment Panel estimates that with implementation of the Montreal Protocol we can expect near complete recovery of the ozone layer by the middle of the 21st century (Ibid). The Montreal Protocol is an international environmental agreement with universal ratification to protect the earth’s ozone layer by eliminating use of ozone depleting substances (ODS), which would otherwise allow increased UV radiation to reach the earth, resulting in higher incidence of skin cancers and eye cataracts, morecompromised immune systems, and negative effects on watersheds, agricultural lands and forests. Since its adoption in 1987 and as of end-2014, it has successfully eliminated over 98 percent of controlled ODS, helping reverse the damage to the ozone layer. A very significant co-benefit is that it has - during period 1989-2013 reduced cumulative CO2-eq. emissions by 135 billion tonnes. Important challenges remain. The transition from CFCs (high ozone depleting potential or ODP) to intermediate HCFCs (with lower ODP) has been completed, and the final transition is to alternatives that 8

have zero ODP. The challenge is to develop/select alternatives (mainly in refrigeration, air-conditioning, and foam products) that are also climate-friendly (UNDP, 2018). As an implementing agency of the Multilateral Fund for the Implementation of the Montreal Protocol (MLF), UNDP supports developing countries eliminate ODS. UNDP is also an Implementing Agency for the Global Environment Facility (GEF) which funds similar programmes in countries with economies in transition. UNDP services include technology transfer and technical assistance, formulation and implementation of country and sector strategies, capacity building, accessing funding from different sources, and facilitating public/private partnerships. UNDP has assisted 120 partner countries to access $733.5 million in funding, helping to eliminate 67,870 tonnes of ODS while also reducing 5.08 billion tonnes of CO2-eq greenhouse gas emissions (Ibid). VII.

Kyoto Protocol

Kyoto Protocol, or known in full as Kyoto Protocol to the United Nations Framework Convention on Climate Change, international treaty, named for the Japanese city in which it was adopted in December 1997, that aimed to reduce the emission of gases that contribute to global warming. In force since 2005, the protocol called for reducing the emission of six greenhouse gases in 41 countries plus the European Union to 5.2 percent below 1990 levels during the “commitment period” 2008–12. It was widely hailed as the most significant environmental treaty ever negotiated, though some critics questioned its effectiveness. The Kyoto Protocol was adopted as the first addition to the United Nations Framework Convention on Climate Change (UNFCCC), an international treaty that committed its signatories to develop national programs to reduce their emissions of greenhouse gases. Greenhouse gases, such as carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), perfluorocarbons (PFCs), hydrofluorocarbons (HFCs), and sulfur hexafluoride (SF6), affect the energy balance of the global atmosphere in ways expected to lead to an overall increase in global average temperature, known as global warming (Encyclopedia Britannica, 2018). According to the Intergovernmental Panel on Climate Change, established by the United Nations Environment Programme and the World Meteorological Organization in 1988, the long-term effects of global warming would include a general rise in sea level around the 9

world, resulting in the inundation of low-lying coastal areas and the possible disappearance of some island states; the melting of glaciers, sea ice, and Arctic permafrost; an increase in the number of extreme climate-related events, such as floods and droughts, and changes in their distribution; and an increased risk of extinction for 20 to 30 percent of all plant and animal species. The Kyoto Protocol committed most of the Annex I signatories to the UNFCCC (consisting of members of the Organisation for Economic Cooperation and Development and several countries with “economies in transition”) to mandatory emission-reduction targets, which varied depending on the unique circumstances of each country. Other signatories to the UNFCCC and the protocol, consisting mostly of developing countries, were not required to restrict their emissions. The protocol entered into force in February 2005, 90 days after being ratified by at least 55 Annex I signatories that together accounted for at least 55 percent of total carbon dioxide emissions in 1990 (Ibid). The protocol provided several means for countries to reach their targets. One approach was to make use of natural processes, called “sinks,” that remove greenhouse gases from the atmosphere. The planting of trees, which take up carbon dioxide from the air, would be an example. Another approach was the international program called the Clean Development Mechanism (CDM), which encouraged developed countries to invest in technology and infrastructure in lessdeveloped countries, where there were often significant opportunities to reduce emissions. Under the CDM, the investing country could claim the effective reduction in emissions as a credit toward meeting its obligations under the protocol. An example would be an investment in a clean-burning natural gas power plant to replace a proposed coal-fired plant. A third approach was emissions trading, which allowed participating countries to buy and sell emissions rights and thereby placed an economic value on greenhouse gas emissions. European countries initiated an emissions-trading market as a mechanism to work toward meeting their commitments under the Kyoto Protocol. Countries that failed to meet their emissions targets would be required to make up the difference between their targeted and actual emissions, plus a penalty amount of 30 percent, in the subsequent commitment period, beginning in 2012; they would also be prevented from engaging in emissions trading until they were judged to be in compliance with the protocol. The emission targets for commitment periods after 2012 were to be established in future protocols (Ibid).

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