Technical Assistance In Environmental Law And Institutional

24 e PVI

Division 44 Environmental Management, Water, Energy, Transport

Technical Assistance in Environmental Law and Institutional Development in Environment

Focus, Methodology, Resources

Division 44 Environmental Management, Water, Energy, Transport 24 e PVI

Technical Assistance in Environmental Law and Institutional Development in Environment Focus, Methodology, Resources

Eschborn 1998

Published by: Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH P.O. Box 5180, 65726 Eschborn, Germany Internet: http://www.gtz.de Division 44, Environmental Management, Water, Energy, Transport Pilot Project Institutional Development in Environment (PVI) Wachsbleiche 1, 53111 Bonn, Germany Tel.: (+49) 0228 98533-0 / Fax: (+49) 0228 98570-18 E-Mail: [email protected] Author:

L. Gündling

Responsible:

W. Hamacher, S. Paulus, B. Winkler

Layout:

D. Goldstein

Printed by:

Universum Verlagsanstalt, 65175 Wiesbaden

Nominal fee:

DM 10,-

Preface Management of environment and natural resources is one of the priority areas of German Development Cooperation. In this context, the government of the Federal Republic of Germany has supported the development of governmental and nongovernmental environmental institutions in Developing Countries since the beginning of the Eighties. Refinement and adaptation of environmental legislation is receiving increasing attention within programmes of institutional development in the environment. Issues at stake are e.g. elaboration of environmental framework legislation, definition of functional roles at various administrative levels, definition of administrative procedures as well as cooperation between relevant actors, legal aspects of environmental policy instruments and the integration of environment into various sectoral legislations. This document, which was elaborated within the framework of the Pilot Project on Institutional Development in the Environment (GTZ-PVI), wishes to present an overview on issues relevant to environmental law. In addition, the paper is meant to be a methodological orientation for advisory services in the field of environmental legislation and contains a brief review of available expertise in Germany and abroad, including a selected bibliography on environmental law. In preparation of this paper a number of GTZ projects dealing with environmental management were requested to communicate their demand for advisory services in environmental law. We wish to express our thanks for their inputs and comments and hope that the paper presented will serve as a useful orientation. In general, we would like to encourage field staff and partners in Developing Countries to pave the way towards environmental legislation for sustainable development.

Bonn/Eschborn, July 1998

Dr. H. P. Schipulle Federal Ministry for Economic Cooperation and Development Division 412, Environmental Protection, Natural Resources Management and Forestry

I

Dr. W. Morbach Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) Division 44, Environmental Management, Water, Energy and Transport

Contents Preface.................................................................................................................................. I Contents ................................................................................................................................II Abbreviations ........................................................................................................................III 1. Introduction ................................................................................................................. 1 1.1 Institutional development in the environment as consultancy field for technical cooperation ............................................................................................................ 1 1.2 Environmental Law in the environment-and-development discussion................... 4 2. Environmental law in developing countries ........................................................... 6 2.1 The state of environmental law ............................................................................... 6 2.2 Relevance of environmental law issues in GTZ projects ..................................... 11 3. Basic elements of an effective environmental legal regime .............................. 13 3.1 Structural issues ................................................................................................... 13 3.2 Constitutional law .................................................................................................. 15 3.3 General environmental laws ................................................................................. 16 3.4 Laws on environmental quality management ....................................................... 19 3.5 Protection and use of natural resources .............................................................. 22 3.6 Environmental policy instruments......................................................................... 24 3.7 Enforcement of environmental law ....................................................................... 27 3.8 Environmentally-oriented sectoral law .................................................................. 30 3.9 International cooperation....................................................................................... 31 4. Assistance with environmental law in technical cooperation projects on institutional development in the environment ..................................................... 32 4.1 Objectives and principles of technical assistance with environmental law.......... 32 4.2 Methodology for technical assistance with environmental law ............................. 33 4.3 Identification and use of environmental law expertise .......................................... 35 4.4 Resources for technical assistance with environmental law ............................... 37 5. Conclusion................................................................................................................. 42 Annex 1: Answers received from GTZ projects on institutional development in the environment ............................................................................................. 43 Annex 2: Resources for technical assistance with environmental law ............................ 50 a) Institutions providing technical assistance with environmental law............ 50 b) Environmental law advisers........................................................................ 51 c) International organisations providing technical assistance with environmental law....................................................................................... 56 d) Environmental law information centres ...................................................... 56 e) Index to basic environmental law materials ................................................ 57 f) Other Literature............................................................................................ 63

II

Abbreviations EIA

Environmental impact assessment

EU

European Union

FAO

Food and Agriculture Organisation

GTZ

Deutsche Gesellschaft für Technische Zusammenarbeit

IDE

Institutional Development in Environment

IMO

International Maritime Organisation

IUCN

The World Conservation Union (International Union for the Conservation of Nature and Natural Resources)

MERCOSUR

Mercado Común del Cono Sur

NAFTA

North American Free Trade Agreement

NEA

National Environment Agency

NEAP

National Environment Action Plan

NEMA

National Environment Management Act

NGO

Non-governmental organisation

NPSD

National Plan for Sustainable Development

PVI

Pilotvorhaben Institutionenentwicklung im Umweltbereich

TC

Technical Cooperation

UNCED

UN Conference on Environment and Development

UNDP

UN Development Programme

UNEP

UN Environment Programme

UNIDO

UN Industrial Development Organisation

WHO

World Health Organisation

WWF

World Wide Fund for Nature

III

1.

Introduction

1.1

Institutional development in the environment as consultancy field for technical cooperation

Since the beginning of the 1980s, the Federal Government has supported a growing number of developing countries (DCs) with building up governmental and nongovernmental environmental institutions. This gave rise, on the part of the DCs, principally to a need for building up the technical infrastructure and for the corresponding technical advice and training (“institution building”). General Definition of Institutional Development in the Environment By institutional development in the environment (IDE) we mean the process in which the relevant actors develop institutional structures which put them in a position independently to resolve environmental problems in the context of the tension among economic, social and ecological goals, and to take ecological perspectives into account in their dealings. To the list of relevant actors belong the following: environmental organizations (for example ministries, agencies, etc., which function on various levels as immediate “bearers” of corresponding institutional structures), those responsible for environmental problems (for example industries, transporters, land users), those who are affected by environmental problems (for example urban populations, the poor), and other relevant actors (for example sectoral ministries, technical service providers, NGOs, science, the media, etc.).

Actors and Institutional Structures in the Field

Those affected

Institutional structures

Those responsible

Environment organizations

Other actors

Institutional structures in the environment comprise all institutionalized procedures, instruments, incentives, communications media, etc. which drive the interplay of the relevant actors and have direct or indirect influence over the behavior of those responsible for environmental problems. Experience shows that development of institutional structures in the environment sphere does not take place in a vacuum, but as part of a lengthy and by no means straight-line process. This is particularly the case with institutionalized rules for the following tasks: • • • • •

environmental monitoring (for example emissions controls, air and water quality measurements, laboratories, remote sensing); environmental planning and management (for example emissions inventions, environmental information systems, EIA, land use and regional planning, as well as questions of decentralization, division of responsibilities) environmental training, information and communication (for example education, awareness-building, environmental reporting, public participation, fora, advisory services, consensus-building processes); environmental policy guidelines (for example limits, standards, targets, permit procedures, monitoring and compliance, market economic instruments, use rights, mediation); cross-sectoral strategy development (for example integration of environmental perspectives into sectoral policies, “policy EIA”, NEAPs, NCS, NPSD, coordination).

In most DCs the process of institutional development in the environment is still just beginning. Relatively young and weak environment ministries and agencies in complex surroundings, (sectoral ministries, federal structures, NGOs, associations, research and advisory institutions, etc.), fragmented and unclear competencies, intersectoral conflicts, insufficient human and financial capacities, deficient compliance and other factors contribute to the fact that the institutional landscape is not far from taking over the whole spectrum of tasks described above. Special deficits exist in the area of environmental policy guidelines and cross-sectoral coordination, consensus -building and conflict resolution. Precisely in these areas is, however, the best potential for win-win solutions.

1

Source: GTZ 1996:4.

2

Against a background of experience to date and the discussion around sustainable development there is agreement that technical cooperation must further develop approaches to institutional demands with a view to their workability and significance to a broader conceptual basis and to projects for institutional development in environment. Above all it has to do with a stronger effort to take prevailing environmental conditions and policy guildelines into account in the conceptual and strategic orientation of projects, the specific search for starting points for possibilities for exerting influence at the causal level, as well as the participation and networking of relevant actors. This demand is linked not only to the integration of new technical elements in the corresponding advisory approaches, but also to a distinctive catalytic and process-oriented understanding of technical cooperation. Principles for Fostering IDE Processes in the Context of Technical Cooperation •

IDE projects should not gloss over questions of prevailing environmental policy conditions, policy guidelines, and cross-sectoral strategy development, but rather specifically address them. This includes beginning as far as possible on various levels particularly in view of several of the functions mentioned above. • IDE projects should strive to have direct or indirect effect at the causal level. This assumes relatively complex target groups or intermediate structures, which should be reflected in an appropriate partnership structure. Where institutional structures are to show an effect on those responsible for environmental problems, it is important to support all relevant actors in their particular roles and to give them a share. To ensure this, projects should specifically promote network building, take advantage of the comparative strengths of individual actors, create structures for cooperation and support a balancing of interests. • GTZ should offer a diversified performance spectrum in IDE projects. The following components are significant here: (a) environment-related technical advice to develop and test concepts for appropriate institutional structures; (b) human resources development, to increase the availability of qualified personnel and relevant knowledge at all levels; (c) organization and management advisory services to strengthen the efficiency, functionality and collective competence of the organizations involved; cooperation, communication and conflict resolution advisory services to promote networking and cooperation among different organizations and actors. • IDE projects should be based on a catalytic and process-oriented understanding of advisory services. This depends not only on technical input, but also on bringing into play participatory planning and consultancy methods to promote participants’ learning processes. Source: GTZ 1996:5

Talking here about about IDE consultancy approaches and projects does not mean that a new, complete conceptual approach is being presented which could serve as a model for all technical cooperation projects in this field. On the contrary it has to do with an incremental understanding that consciously remains open to a situationspecific combination of technical, conceptual and methodological elements. Institutions resonsible for environmental interests, whether national, regional or local, need a legal basis which establishes their tasks and authority. Environmental institutions need instruments with which to guarantee environmental protection and the maintenance and use of natural resources. These instruments need to be set down multiple times in legal norms in order to be effective. Instruments for environmental protection must on the other hand be implemented. The implementation deficit in environmental law is almost proverbial. Legal questions pose themselves here: implementation can be enforced either directly by authorities or through the courts, which can at times be laborious. In addition to the authorities, 3

individuals or associations can be granted rights to bring suit or to intervene. Frequently there are implementation problems in environmental law that go beyond the legal sphere, such as financial or technical deficits, lack of appropriate training or political will. The law alone cannot remedy them; it can however contribute to analysis of the difficulties and thus also to possible solutions to the problems.

1.2

Environmental Law in the environment-and-development discussion

Environmental law has played an important role in the United Nations Environment Programme (UNEP) since the beginning. Particular attention was paid to environmental law in developing countries. As early as 1975 the UN General Assembly gave UNEP the task of supporting developing countries in building effective environmental law. By the end of the ‘80s UNEP had provided assistance to more than 50 developing countries in preparing their environmental laws. The World Conservation Strategy published in 1980 by IUCN, UNEP and WWF likewise emphasized the importance of legal instruments necessary for the realization of the goals of the Strategy. Appropriately the Strategy contains the proposal to review legislation on protection and use of natural resources and if necessary to revise it. The implementation problem is also stressed: “Special attention should be paid to the enforcement of conservation law. Enforcement is a multidisciplinary activity that should begin with the design of legislation. It is necessary but not sufficient to provide adequately trained and funded personnel to implement and police the law. It is also important to make sure in advance that the law is ecologically and socially feasible. Public education programmes may be required both before and after the law comes into force to help the public understand and support it. If the law imoses undue hardship on a particular segment of society, then measures to relieve that hardship may be needed. The effects and the effectiveness of the law should be monitored so that, if necessary, the law or its enforcement can be improved.” (IUCN-UNEP-WWF 1980, Section 11). The World Charter for Nature set down fundamental principles and responsibilities for the protection of the environment and natural resources. The World Charter as such is admittedly not legally binding, although it has been given important status in the further development of environmental law. It means, although in very general terms, that the principles prescribed in the Charter must find expression in suitable form in the laws and in the behavior of each State as well as at the international level. It means as well that the stated goals for the maintenance of nature can only be achieved if the necessary means, programmes, and administrative structures are created. The report of the World Commission for Environment and Development (Brundtland Commission), published in 1987, formulated legal principles for environmental protection and sustainable development and included them in an annex to the report. At the core are the general principles, rights and responsibilities 4

of States for the protection of humanity and the environment and for international and transboundary environmental protection. These works on legal principles also had a decided influence on the preparations for the United Nations Conference on Environment and Development (UNCED) which took place in Rio in 1992. The development of environmental law at the national as well as the international level was in the forefront and was intensively discussed during the Conference. The Rio Declaration deals explicitly with environmental law. States are obligated to create effective environmental legislation. Environmental standards, management goals and priorities should be reflected in the environment and development context in which they are applied. Agenda 21 also gives environmental law special significance. Chapter 8 on the integration of environmental protection and development in decision-making signifies that laws and regulations are important instruments for implementing environmental and development policies. It is viewed as necessary to create integrated, applicable and effective laws and regulations. Compliance is also given special attention here. It calls for setting up programmes to ensure compliance with laws, regulations and standards. Environmental law is also required to implement most international agreements at the national level. Agenda 21 plans the following activities in connection with environmental law: • • • • • •

making laws and regulations effective; creating the preconditions for judicial and administrative procedures; making available legal information and support services; creating en environmental law training network; developing effective national programmes to review and strengthen compliance with environmental law; examining legal compliance measures in connection with international agreements which States have ratified.

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2.

Environmental law in developing countries

2.1

The state of environmental law

Early trends Inventories undertaken by the United Nations Environment Programme clearly show that many developing countries have established their environmental legislation. This legislation may be classified as follows: • • •

legal rules on protection against risks from environmental pollution; legal rules on protection and use of natural resources; and legal rules establishing general instruments of environment protection, particularly environmental planning and assessment and monitoring of environmentally relevant projects.

In the early days those legal rules were mainly laid down in specific or sectoral environmental laws which were far from being comprehensive in the sense that they addressed all environmental areas. In almost all countries laws and regulations had considerable gaps. Therefore, a number of developing countries already in the 1970s and the 1980s decided to adopt general environmental framework laws in order to achieve some harmonization in environmental legislation and to meet the requirements of effective environmental protection. Environmental framework laws in developing countries up to 1992: Colombia Malaysia Venezuela Phillipines China Sri Lanka Kuwait Cuba Indonesia Libya Pakistan Senegal Guatemala India Gambia Mexico Peru Zambia Mauritius Bolivia

Código Nacional de Recursos Naturales Renovables y de Protección al Medio Ambiente Environmental Quality Act Ley Orgánica del Ambiente Environmental Code Environmental Protection Law National Environmental Act Law Regarding Protection of the Environment Protección del Medio Ambiente y del Uso Racional de los Recursos Naturales Act No. 40 Legislative Act Concerning the Protection of the Environment Environmental Protection Ordinance Environmental Code Ley de Protección y Mejoramiento del Medio Ambiente The Environment (Protection Act) National Environment Management Act Ley General del Equilibrio Ecológico y la Protección al Ambiente Código del Medio Ambiente y los Recursos Naturales The Environmental Protection and Pollution Control Act The Environment Protection Act Ley General del Medio Ambiente

Source: UNEP 1991(2); UNEP 1992; compilation by the author.

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1974 1974 1976 1977 1979 1980 1980 1981 1982 1982 1983 1983 1986 1986 1987 1988 1990 1990 1991 1992

Those early environmental framework laws varied considerably. Fairly comprehensive laws providing for environmental institutions and environmental instruments co-existed with relatively short laws providing for nothing else than an institutional structure. In the latter cases the environmental institutions established were hardly able to take effective action. Where those were able to function, their activities were limited to consultations and rendering of recommendations. Examples are abundant in many African countries where environmental ministries or environmental councils (National Environmental Councils) were established but could not be successful due to the lack of effective competences and of a functioning institutional structure. Example: The Pakistan Environment Protection Ordinance 1983 The Pakistan Ordinance is an example of an early environmental framework law. It provided for the establishment of an environmental council and an environmental agency at the federal level. The environmental council, chaired by the state President, was given the responsibility to prepare a comprehensive national environmental policy to ensure the conservation of natural resources, to ensure that environmental aspects were integrated into development planning, to enforce environmental quality standards, and to control environmental impacts from all governmental agencies. The environmental agency was established to implement the Ordinance, to prepare state of the environment reports, to decide on environmental standards, and to promote environmental information and environmental research. Furthermore, the Ordinance provided for the basic elements of an environmental impact assessment system at the federal level and included several general criminal provisions. Practice under the Ordinance was somewhat sobering, essentially because the environmental council for years simply was not convened. It was convened for the first time in 1991 - and held an informal meeting. The environmental agency or other governmental authorities could not take action either because they were dependent on the environmental council. The council did not delegate its powers - it could not do so because it was not convened. Therefore, the general opinion prevails that the Ordinance did not achieve its objectives. Furthermore it was criticized because it focused too much on pollution issues and neglected the problems of the use of natural resources. Source: Pakistan National Report to UNCED 1992.

Improved environmental framework laws The trend to establish general environmental framework laws or to improve the existing ones continued in developing countries through the beginning of the 1990s. Since 1990 new environmental framework laws have been adopted, inter alia, in Benin, Burkina Faso, Gambia, Jordan, Comores, Nepal and Vietnam. In even more countries such environmental framework laws are under preparation or planned, for example in Eritrea, Guinea-Bissau, Qatar, Mozambique, Pakistan, Romania, Syria and Uganda. Obviously adopting environmental framework laws is not the end of the process. On the contrary, such laws create a need for further environmental law work. In many developing countries the framework laws are nothing more than the first step to establish an environmental law system in a true sense. This is particularly the case in countries which were newly established or have successfully overcome war situations or are countries in transition. Another aspect which will be of paramount importance in many countries is that the legal regime will need to be adapted to environmental framework laws. The major problem will be to coordinate the competences of 7

environmental agencies with those of other agencies which are also concerned with environmental matters. The specific issue clearly is coordination not only with regard to law-making, planning and licensing of investment projects but also with regard to enforcement. Environmental agencies do not substitute sectoral agencies which is clearly the experience of Gambia, India and Philippines. Mechanisms of cooperation and coordination need to be developed. Example: Environmental law in Gambia In the 1970s and 80s Gambia developed a relatively active body of environmental legislation. In addition to several sectoral laws, a first National Environmental Management Act (NEMA) was adopted in 1987. This law established environmental agencies - the National Environmental Council and the Environmental Committee - it also provided for basic obligations for environment protection and the use of natural resources, even though in a very general form. The law was completely revised and enlarged in 1994. The NEMA 1994 is an example of a comprehensive environmental framework law aiming at the integration and harmonization of environmental law. The National Environmental Council was retained; in addition the law provides for the establishment of a national environment agency, regulates the major instruments of environmental policy, namely planning, environmental impact assessment and enforcement, contains basic obligations of pollution control, protection of resources and the use of resources, and comprehensively addresses issues such as environmental reporting, environmental education and environmental awareness raising. The environmental legal regime in Gambia consists of the following major laws: National Environmental Management Act

1994

Public Health Act National Water Resources Council Act Hazardous Chemicals and Pesticides Control and Management Act Environmental Protection (Protection of Dumping) Act

1979 1994

Forest Act Forest Regulations Wildlife Conservation Act Fisheries Act Fisheries Regulations

1977 1977 1977 1991 1995

Physical Planning and Development Control Act Land Use Regulations State Lands Regulations Development Control Regulations Draft Plans Regulations

1990 1995 1995

1990

1988

1995 1995

Work on further development of environmental law needs to focus on the preparation of EIA regulations, the revision of forestry legislation, and the development of a water law and a law on waste management. Work is carried out by the newly established National Environment Agency which is supported by a GTZ project (Gambian-German Environmental Management Project, GGEMP). Source of the laws: Environmental Laws and Regulations of The Gambia, compiled by the Gambian-German Environmental Management Project (GGEMP), 1996.

Conservation and use of natural resources In many countries legal rules are available which regulate the conservation and sustainable use of natural resources, such as hunting, fisheries or forestry laws. In most cases, however, the laws have gaps; partly they are too rigid and therefore cannot be forced. There are also countries where legal rules on protected areas are 8

not flexible enough. Often they do not differentiate between the various categories of protected areas and consequently do not allow for the necessary harmonization of protection requirements on the one hand and utilization needs on the other. Hunting and protected area legislation in many developing countries often provided restrictions or the use of or access to resources without taking into account existing rights or customs of local communities. Often there were no exceptions in favour of local communities, which resulted in difficulties where the local communities in question were dependent on the use of the resources. In these cases the inappropriate legislation itself was the very reason for the lack of enforcement; and at the same time nature conservation and environment protection lost their credibility with the local communities. A completely new challenge in conservation and sustainable use of natural resources comes up with the implementation of the Convention on Biological Diversity, particularly its provisions on access to genetic resources. In almost all countries pioneering legal work needs to be done. Many countries will have particular need of such rules because they are rich in genetic resources and may be particularly interested in the participation mechanism which the Convention provides. According to the Convention, the country of origin of genetic resources has the right to participate in scientific research based on genetic resources and to share in the benefits from the use of genetic resources (Article 15). In many countries work has started to prepare inventories and strategies for the conservation and use of biological diversity, partly with support from UNEP and IUCN. Other countries and regions have begun to prepare legal rules on access to genetic resources, for example the Andean Pact region and the Philippines. Unwritten customary law In some countries, particularly in Africa, the existence of customary laws creates particular legal problems. On the one hand customary law is difficult to identify; on the other hand it may conflict with the objective of an ecologically sustainable use of natural resources. Customary laws pose particular problems where pressure from population growth is high, which is the case in many developing countries. Nevertheless, there can be no doubt that customary laws often contain concepts which aim at using natural resources sustainably. This is the reason why the traditional law of local communities should not only be taken into account but also used in environmental policy. The Convention on Biological Diversity recognizes the value of normative concepts of indigenous communities. Traditional (tribal) law in many cases, particularly in rural areas, is the only functioning legal order; it would not make sense at all to replace this order by a “modern“ legal system. Finally, there are also good reasons to build an environmental consensus on recognition and integration of customary law. Environmental impact assessment In many countries there is a lack of functioning EIA procedures even though the legal basis may be available either in specific laws or in environmental framework laws. This is the case for example of Pakistan, a country which in 1983 established a EIA 9

system at the federal level that was never implemented in practice. The situation is similar in Zambia where the environmental framework law of 1990 provided the EIA procedure; the details of the regulations are currently in preparation. In Gambia, the 1994 NEMA provides the basic rules on EIA; the detailed EIA regulations are being developed at the moment. It may be fair to state that in many developing countries the framework for EIA is available whereas the detailed procedural regulations are still missing. Regulatory options are either specific EIA laws or regulations or degrees which regulate the details. The legal regulations may be supplemented by guidelines which apply to specific sectors. Lack of environmental standards Almost all developing countries lack environmental standards. This is a significant deficit and handicap in licensing proceduresand also has negative impacts on enforcement measures. Licensing and enforcement authorities often face the situation of having to prove a real or potential pollution case, but having no environmental quality standards on which to do so. International standards may be relied on in part; however, these standards often have gaps, are not appropriate, or their applicability is disputed in the country affected.

Environmental law enforcement problems in developing countries As far as enforcement of environmental law is concerned, practical experience with technical assistance encounters well-known phenomena such as lack of political will, low standing of environmental policy, lack of resources (personal, technical and financial), or the insufficient state of information on environmental problems and environmental regulations. In a number of countries the low standing of the rule of law as such has negative impacts on environmental law. Reasons for enforcement deficits • • • • • • • •

lack of political will lack of public awareness and participation insufficient financial means insufficient trained personnel inappropriate legislation inefficient institutional structures bad planning insufficient integration of environmental considerations in economic and sectoral policies

Source: UNEP 1991 (2), p. 19 ss.

Particular problems in enforcing environmental law exist in countries which are in a state of transition with regard to their societal, economic and governmental order. Often those countries suffer from particularly dramatic environmental damages, for example a number of countries in Eastern Europe and Central Asia. Issues of economic recovery have priority and therefore the tasks of preparing environmental policies, establishing environmental authorities, adopting environmental legislation and enforcing it, are particularly difficult. 10

The situation is similar in those countries which suffered from civil wars, for example Mozambique, Angola and Eritrea. Governmental, legal and economic structures need to be built from scratch. Here again it is obvious that economic growth has priority, leaving little room for ideas such as protection of the environment and sustainable use of natural resources. International cooperation Developing countries often give a cool reception to international agreements on environment protection and nature conservation. There may be various reasons for this. Often a sceptical attitude prevails because governments fear political constraints from international agreements. Sometimes international agreements are considered instruments of industrial countries attempting to impose their values and interests worldwide. Sometimes governments believe that they have not been involved sufficiently in the making of international agreements. Governments may in addition fear that they cannot fulfil international obligations. There are also cases where even major international agreements are simply not known. It is also being argued that it is difficult to assess the scope, costs and benefits of ratifying or acceding to international agreements. 2.2

Relevance of environmental law issues in GTZ projects

All GTZ projects interviewed for the purpose of carrying out this study confirmed the relevance of environmental law issues (see Annex I for details). There are only few projects however, where environmental law issues were specifically addressed. In most project countries established environmental institutions have a legal basis, either in laws or regulations. An exception in this regard is a project in the Philippines. In this country the legal status of the Environmental Quality Council is under discussion and the discussion is fairly controversal. Often the competences of environmental institutions are considered not to be sufficient. In some cases it is argued that the competences are splintered among specific environmental institutions and sectoral institutions (Benin, Morocco). In others, the competence to enforce environmental laws is considered not to be sufficient, for example in India and the Philippines. In these cases there is a need to strengthen inspection powers, to make inspections more effective and faster, and to make inspection results binding so that they can be challenged in courts. In most project countries substantive environmental regulations are in place; often, however, regulations are rudimentary. Some projects point out gaps in environmental legislation (Brazil, Russia) or at conflicts between existing legal regulations (Ecuador, India). Others indicate problems with environmental standards which are either nonexistent, outdated, or inappropriate (Brazil/Alagoas, Morocco). The Morocco project also notes a discrepancy between environmental regulations and the general criminal law; the latter should be harmonized with environmental regulations. The necessary integration of environmental laws into other legal regimes is critically addressed in the reply from the Ecuador projects. A number of project countries report numerous legislative initiatives in the environmental area (Benin, Ecuador, Morocco). In some 11

cases general environmental framework laws are being prepared, in others work is going on on sectoral laws, such as water laws, air pollution control laws, waste management laws, or laws on the protection and use of natural resources. One project (Philippines) reports on the privatization of environmental management tasks and the use of economic instruments, the difficulty being that environmentally-friendly behaviour needs to be ensured. Enforcement of existing environmental regulations is a problem in all project countries. Enforcement of environmental law apparently needs to be improved everywhere. The reasons given for enforcement deficits vary however. Some project countries deplore the fact that personnel are not available (Benin, Ecuador), others the lack of well-trained personnel or good equipment (Brazil, India). The environmental law enforcement deficit in some countries apparently has to do with societal problems such as corruption. Projects also mention the lack of political will (Brazil/Paraná, Ecuador). Sometimes administrative procedures are either too centralized or not sufficiently participatory (Ecuador, Russia, Morocco). Decentralizing decision-making to defer decisions to regional or local levels may help in some cases. It is also being argued that decision-making procedures need to be more open, allowing individuals or groups to participate. In one case issues with regard to indigenous populations are mentioned (Ecuador), recognizing however that the rights of indigenous populations have been strengthened. The question of whether legal means and procedures may help to improve enforcement of environmental law is being answered differently. The project in Ecuador for example reports that judicial dispute settlement may be difficult; on the other hand the projects in Brazil/Alagoas and in India have had encouraging experiences with legal proceedings (particularly with citizen suits and suits by environmental organizations). In general, the projects articulate a need for technical assistance in environmental law to address the relevant legal issues. An exception may be the project in India which apparently does not need legal technical assistance but rather needs scientific technical assistance. It may be assumed, taking into account the general experience in India, that the available legal infrastructure is in place and may be used for environmental law projects. In several cases however a need for technical assistance in environmental law is specified. For example the project in Russia/Lake Baikal replied that international assistance should focus on general support of law-making, leaving the details, particularly the harmonization of the environmental legal regime to local lawyers. In other cases, for example in Benin and Brazil/Paraná, the replies point at the need of environmental legal education. It is submitted that the most effective contribution to technical assistance in environmental law may be the building of local legal knowhow.

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3.

Basic elements of an effective environmental legal regime

3.1

Structural issues

Regulatory levels Environmental law raises difficult structural issues. First there are different regulatory levels: international law; supranational economic integration organizations (EU, NAFTA, Andean Pact, MERCOSUR); national law; states or regions; municipalities and their associations. Often the division of competences between the various levels is a problem; a “classical“ issue is the question of whether or not the lower regulatory level has powers to make and enforce laws if the upper level has taken action (most important examples are the division of powers between the federal and the state levels in Germany, or the relationship between the European Union and its Member States). In general the principle of subsidiarity applies, which means that the higher level only acts if there is a need for a general regulation at the higher level and if this is more effective than regulation by the individual actors. Law-making and enforcement Law-making and law enforcement have to be differentiated as well. In many countries, and also with regard to the relationship between national law and international law, the rule is that environmental law is enforced at the lower governmental levels. This applies to most areas of German environmental law which is adopted at the federal level but in most cases enforced by the individual states. The situation is similar with regard to European environmental legislation; the directives and regulations adopted by the European organs are enforced by the individual Member States. Environmental law and general legislation A major structural issue concerns the relationship between environmental law and other legal sectors. Environmental regulations are not only contained in specific laws and regulations concerning the protection of the environment. Many other laws and regulations pertain in addition to these legal instruments such as constitutional law, laws and regulations concerning environmentally-relevant activities (mining, tourism, land use, etc.), and regulations concerning charges, taxes or subsidies. Taking those regulatory fields into account gives rise to difficult issues (which matters can be regulated in the clearest and most effective way at which level by which institution?). Differentiation of environmental law A major consideration concerns the relationship between the laws and regulations within environmental law. Environmental law in most countries consists of many general and specific legal regulations which co-exist. “General“ legal regulations are those which address all or essential cross-cutting issues of environmental protection; 13

“special“ legal regulations are those which concern the protection of individual environmental media or specific problems (environmental impacts from activities or products). In practice, many countries do not address the issue of the most appropriate regulatory approach from an abstract effectiveness perspective. In many cases historical, political and legal structures play a role and need to be taken into account when environmental law is developed. In almost all countries environmental legislation started with adopting specific environmental laws, often regulations concerning public health (waste, sewage) and regulations to control air and water pollution. The next phase saw the adoption of specific regulations on hazardous products or processes (for example, laws on chemicals, particular substances, nuclear energy production, or genetic engineering). Following the phase of specific regulations, most countries have recognized the need for harmonizing environmental law. This can best be done with general environmental laws which either address all or cross-cutting issues, such as environmental impact assessment. Interestingly, states with a rather developed environmental legal regime face more difficulties in adopting general environmental laws. The best example may be the Federal Republic of Germany where the introduction of a general Environmental Act (part of an environmental code) has been discussed for decades. Often it is easier for developing countries to adopt general environmental legislation, although one must not overlook the fact that in many cases the laws and regulations to implement the general laws are not yet in place. There can be no doubt that both categories of environmental laws and regulations are necessary. General laws need to address and uniformly regulate issues which are common to all areas of environment protection, such as the terms used (such as environment, environment pollution, environment protection, environmental impact, environmental standard, environmental impact assessment, monitoring, biological diversity, natural resources, and many others) or the establishment of procedures for prevention or control. Those basic issues should be uniformly regulated to the extent possible. The procedures for environmental impact assessment as well as the considerations which guide environmental assessment decisions should be the same everywhere. There is equally a need for specific environmental laws and regulations applying to individual areas; those laws and regulations may govern either media or issues. It should be recognized that both approaches have their advantages and disadvantages. Laws governing media (air pollution control, water pollution control) allow for comprehensive protection taking into account all sources of pollution. A disadvantage often is that application of the laws does not look beyond the environmental media in question. Regulations governing products or processes (chemicals, wastes, genetic engineering, industrial installations, nuclear energy) have the advantage that they can take into account protection of all media (integrated environment protection). The limitation of this approach however is that only one environment pollution source is being controlled. The best success probably is being achieved by a combination of approaches. In addition to regulations concerning environmental media (protection of air, water and soil), important problem areas (such as hazardous substances, wastes, genetic 14

engineering or nuclear energy production) should be regulated in specific legal instruments, leaving central and basic issues to a uniform general environmental law. 3.2

Constitutional law

There is agreement that the constitution of a country should address basic issues of environmental protection. It should at least provide for the duty of the State to take environmental protection measures and to ensure an environmentally-friendly and sustainable use of natural resources. A number of countries have provided the constitutional right of every citizen to live in a decent environment. Such a fundamental right may be complemented by a duty on every citizen not to damage the environment and natural resources. Constitutional law must address the division of responsibilities in environmental matters between the central government on the one hand and other levels of government on the other. The division of competences is of particular importance in federal states. The constitution may also address the competences and responsibilities of local governments, as the local level is increasingly important in environmental matters. Examples: Europe The Constitution of the Federal Republic of Germany is an example of what a constitution may provide as a minimum. Article 20 a, added to the Constitution in 1994, provides: “In fulfilling its responsibility for future generations the State shall protect the natural basis of life within the framework of the constitutional order through legislative means, executive measures and judicial review, in conformity with legislation and legal rules“. The constitutional provision establishes the duty of the state to protect the environment; it does not provide an individual right to a clean environment. This means that the duty of the state cannot be the basis of a court case. Also important is the reference to existing legislation which provides the framework for any environment protection measure taken by the administration. Another country where the constitutional provisions are similarly restrictive is The Netherlands. Other countries in the European Union go further and provide a constitutional right to a clean environment. The constitution of Spain, for example, provides in its Article 45: (1) "All citizens have the right to live in an environment condusive to the development of the individual personality, as well as the duty to protect the environment. (2) The government supervises the rational use of all natural resources with the objective to protect and improve the quality of life and to conserve and restore the environment. In doing so it relies on the indispensable solidarity within the society. (3) For violations against the above provisions the law provides for criminal or as appropriate administrative sanctions as well as for the obligation to compensate the damage caused.“ Similarly the Portuguese Constitution provides an individual right to a clean environment.

Constitutional law can also address issues of information and participation of citizens or environmental associations. Constitutional provisions may also regulate access to judicial remedies, whether for individual citizens or for associations. Such regulations can strengthen environmental law enforcement. Clearly such issues can also be regulated in statutory law. However, if they are included in the constitution they have particular weight. 15

Example: Colombia The Colombian Constitution of 1991 addresses environmental protection issues in a broad way which goes beyond guaranteeing the individual right to a clean environment. A series of environment protection issues is addressed and thus regulated at the highest possible legal level. Article 8 provides the duty of the state to protect the natural wealth of the nation. Article 58 stipulates that private property also has an ecological function; a progressive definition of private property. Article 59 guarantees an individual right to a clean environment and places an obligation on the state to protect the environment in an integrated way. Article 67 contains the duty of the state to organize environmental education. Article 80 makes it a duty of the state to plan and manage the use of natural resources in order to guarantee sustainable development. Article 86 contains mechanisms to protect and enforce individual rights. Article 95 provides the individual obligation to protect the country’s natural resources. Article 267 makes it a duty of the state to integrate environmental aspects in public finance. Governmental authorities at all levels, the central state, the region, and the communities are obliged to protect the environment. Development of economic policies must take environmental aspects into account (Article 334). Furthermore the Constitution provides the obligation to prepare a National Development Plan which takes environment protection objectives into account (Art. 339).

3.3

General environmental laws

General environmental laws are those which regulate cross-sectoral environmental issues in a unifom way. Such laws serve harmonization purposes and lay down guiding principles for all areas of environmental policy. Therefore, they are often called environmental framework laws. Establishment of environmental agencies Environmental agencies at all levels of government (central government, regions, municipalities) need to have a basis in law. Most countries provide such a basis either in sectoral or in framework laws. Laws provide for the establishment of environmental agencies, define their tasks and competences, and regulate their relationships to other governmental agencies. It is very rare that environmental agencies are given the full range of competences in environmental matters. In most cases other agencies - sectoral agencies such as industry, mining, agriculture, forestry, fisheries, transport or public health authorities - also have environmental competences. Many developing countries favour the “nodal agency model“. Generally, this model concentrates cross-sectoral competences, such as environmental reporting, environmental information systems, environmental awareness and environmental education. In addition, such agencies fulfil advisory and coordinating functions in licensing and EIA procedures, standard setting, environmental planning and policy formulation. Enforcement of environmental law under this model is the responsibility of other agencies; e.g., water authority, forestry authority, etc. Equally important is the conflict resolution function for which it is crucial that the “nodal agency“ is given some power. It should be emphasized that it is not sufficient that such environmental agencies are part of other agencies or are line ministries with the same rank as others. Conflict resolution can work only if environmental agencies are somewhat “above“ other agencies. It is an advantage if environmental agencies report to the head of state or the prime minister.

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Another type of environmental agency is the so-called “enforcement agency model“. Under this model the essential environmental competences are concentrated in the agency which also deals with law enforcement, i.e. adopting, implementating and enforcing regulations, setting standards, monitoring and control, licencing, planning and imposing sanctions. At first glance, this enforcement agency model seems to be the preferable option since chances for effective enforcement seem to be high. On the other hand, however, establishing such administrative structures requires a major decision which may be costly and politically difficult, the reason being that often strong sectoral agencies deal with specific environmental tasks (e.g., water resource management) and are not prepared to give competences to other agencies. Therefore, in practice, the enforcement agency model remains an exceptional case (e.g., federal EPA in the US). In some countries environmental agencies are given enforcement competences for certain areas. This is the case in India where the Pollution Control Boards have relatively broad enforcement powers with regard to water and air pollution control. Basic elements of an environmental framework law 1. 2. 3. 4.

5.

Purpose of the law Definitions Fundamental rights and duties of environmental protection and sustainable development Principles of environmental policy and law • precautionary principle • polluter pays principle • principle of cooperation • public participation • integration of environmental policy in other policies • international cooperation Environmental authorities • environmental council • environmental agency • scientific advisory board • informal bodies or fora

6.

7. 8. 9. 10. 11. 12.

13.

Environmental instruments • environmental fund • monitoring • environmental reporting • environmental planning • EIA • inspection and control • economic incentives Basic elements of pollution control (management of environmental quality) Basic elements of natural resource management Environmental awareness Environmental education Environmental research Enforcement • enforcement measures • liability • judicial review • penalties and sanctions Final provisions

Many countries have established other environmental institutions which are not line agencies but rather serve advisory functions. This is the case with environmental councils. The membership of such councils is representative in the sense that members come from both governmental and non-governmental sectors. In addition to their advisory function they may be in a position to organize a consensus within a society which helps to avoid or resolve environmental conflicts. A typical task for these institutions is the development of general environmental policies which provide guidance for all governmental activities in environment. Environmental councils have been established particularly in African countries, for example in Gambia, Malawi and Uganda, countries where UNEP has provided technical legal assistance. The councils established are composed of representatives from environmentally relevant ministries. They prepare and adopt environmental policies, standards, procedures and guidelines.

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Jordan and Eritrea follow a different model. The environment council established in 1995 in Jordan and the proposed environmental council for Eritrea are not only composed of governmental representatives but also of representatives from academics (research institutions and universities), the private sector and nongovernmental organizations. With regard to these representative environmental councils it is important to carefully consider the competences. Since they are not purely governmental institutions, one may question whether typically governmental tasks such as law-making and law enforcement are appropriate. Establishment of environmental agencies is more than a legal issue. Also important are practical considerations, policies and existing structures of public administration. Nonetheless law can make an important contribution to the establishment of effective environmental agencies. It is crucial to clearly divide the responsibilities of enforcement agencies and those of environmental councils. Even more important is a clear division between enforcement agencies and sectoral agencies which also carry out environmental protection tasks. Experience shows that responsibilities and competences often overlap, creating conflicts. Where general environmental agencies coexist with sectoral agencies and where they fulfil coordinating functions, the definition of “coordination“ must be made clear. This needs to be done with regard to both law-making and law enforcement. Coordination should be more than a word. Coordination undertaken by general environmental agencies should ensure that governmental environmental policy is systematic and rational. Guiding principles and instruments of environmental policy General environmental laws should also lay down the guiding principles and major instruments of environmental policy. Guiding principles of environmental policy which should be provided in all legal systems include: • • • •

the precautionary principle the polluter pays principle the principle of cooperation, and the principle to integrate environmental and development policies.

The major instruments of environmental policy in most countries comprise: • • • • •

environmental planning environmental impact assessment monitoring of environmentally relevant activities, institutions and products control instruments (duties, prohibitions, incentives, sanctions, agreements, licensing procedures, etc.) environmental information, education and training.

General environmental laws address principles and instruments of environmental policy only in a basic form. They need to be regulated in more detail in specific environmental laws. General environmental laws are not substitutes for laws and regulations which either address the protection of environmental media or regulate hazardous products or processes.

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3.4

Laws on environmental quality management

Overview The major objective of environmental law is to establish and enforce substantive regulations concerning the protection of the environment and the ecologically sustainable use of natural resources. This refers to the protection and rational use of environmental media, soil, water and air, of nature and landscapes as well as flora and fauna and their components. A consistent system is hard to achieve, as experience shows in many countries. There is probably no country so far which can claim to have found a satisfying solution. One cannot escape the fact that many individual laws and regulations are necessary; overlaps may be unavoidable. In addition to laws and regulations which address protection of environmental media, it is necessary to develop legal regulations which concern individual activities or products. In almost all countries establishing specific provisions on the management of wastes, chemicals and other hazardous materials is unavoidable. Such regulations almost by necessity overlap with provisions regulating the protection of certain environmental media. It is obvious that the purpose of laws on substances is nothing else than the protection of environmental media. Also possible are overlaps of pollution control regulations and regulations which aim at protecting natural resources. Here again, the ultimate goal is the protection of soil, air, water, plants and animals. Regulations on wastes and waste water In many countries regulations on wastes and waste water are part of public health legislation. Often this legislation is rudimentary and needs to be amended to provide comprehensive regulations. A second option is to introduce independent legislation on solid waste and waste water management. Most industrialized countries follow this model. And there are good reasons to introduce separate waste management legislation: it makes it possible to provide comprehensive regulations and to establish independent institutions. A particular question is whether or not separate waste legislation should address both solid waste and liquid waste. The answer to the question depends on the technical capacity for waste water treatment which exists in the country. If waste water is not treated in treatment plants but rather collected and disposed of just as solid waste, there may be good reasons to regulate both in one legal instrument. This may be the situation in many developing countries. Elements of waste management legislation • • • • • •

definitions responsibilities basic obligations (waste reduction and avoidance, recycling, safe disposal) prohibitions of unsafe disposal waste management planning construction of waste treatment and waste disposal installations (licensing requirements, environmental impact assessment)

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• • • •

monitoring and inspection of waste treatment and waste disposal plants or installations international aspects (import and export of wastes) fees (enabling provisions) sanctions (administrative and criminal law sanctions).

Waste management legislation needs to differentiate between hazardous wastes and other wastes. There must be specific regulations on hazardous wastes . The complexity of waste management problems may in any case lead to a differentiated legal regime. In all countries an attempt should be made to establish a general legal basis for the management of wastes, i.e., a general waste management act. This act should be implemented by more specific legal instruments. Water resource management legislation In many developing countries the availability of sufficient water resources and water pollution control are problems which are as serious as those of waste management. There are several options for regulating water resource management: In many countries comprehensive legislation on water resource management has been enacted. It addresses both availability of water and water pollution control. There are good reasons to address both issues in the same legal instrument, as both aspects are interrelated. Sufficient water resources depend on measures for water pollution control, and vice versa. Legal regulations will vary according to the political, legislative and administrative conditions in the country. From a legal technical point of view it is possible to address the relevant issues in separate legal instruments. Elements of water resource management legislation: • • • • • • • •

scope (internal waters, ground waters, coastal waters) definitions basic obligations to use water resources sparingly and to control water pollution licence requirements for water uses (permits and licences or one single licence) requirements of waste water discharge, technical regulations concerning waste water, establishment of waste water treatment facilities international aspects (transboundary waters, coastal waters, other marine areas under national jurisdiction) fees (enabling provisions) sanctions (administrative and criminal law sanctions).

The example of the Federal Republic of Germany shows that water resource legislation may exist at various levels of government. National regulations may coexist with state or regional regulations. Piecemeal regulations should be avoided. Management should follow the river basin approach wherever possible. Legal regulations should ensure integrated management of a river or watercourse basin. Legislation on air pollution control Air pollution is a problem particularly in urban centres in developing countries. Major sources of air pollution are industrial installations, power plants and automobiles. The legal regulations to protect the atmosphere should address all sources of pollutants, i.e., both stationary and mobile sources.

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Basic elements of air pollution legislation • • • • • • • • • •

definitions responsibilities prohibitions air pollution control planning licencing requirements for air polluting activities licencing procedures (including environmental impact assessment) standard setting notification requirements for low impact activities monitoring of air quality and control of pollution sources sanctions (administrative and criminal law sanctions).

Regulations on air pollution control may exist at the national level but also at the regional or local levels to the extent that the constitutional law of the country allows for law-making activities at the lower governmental levels. Legislation on soil protection Comprehensive legislation on soil protection hardly exists. In most countries individual activities, substances and products which may have impacts on the soil are addressed in legislation. The lack of comprehensive legal regulations is remarkable given the fact that soil is as important to human life as are atmosphere and water. Nonetheless protection of the soil is a neglected area. Example: Draft Federal Soil Protection Law Part One: General regulations § 1 Purpose of the law § 2 Definitions § 3 Scope Part Two: Principles and obligations § 4 Obligations to prevent risks § 5 Restoration § 6 Introduction of materials on or into the soil § 7 Precautionary principles § 8 Standards and requirements § 9 Risk assessment and monitoring order § 10 Other orders Part Three: Complementary provisions on abandoned sites § 11 Inventory § 12 Information on stakeholder § 13 Clean-up planning § 14 Clean-up planning by governmental agencies § 15 Governmental supervision, self-control § 16 Complementary orders to cleanup abandoned sites Part Four: Agricultural land use § 17 Good agricultural practice Part Five: Final provisions § 18 Experts § 19 Data transfer § 20 Scientific advisory board § 21 Hearings for concerned groups § 22 State regulations

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§ 23 Fulfilment of binding decisions of the European Community § 24 National security § 25 Costs § 26 Fines

A law on soil protection should address all sources of soil pollution (activities, substances and products). Particularly important for soil protection is the control of wastes, including the problems of abandoned dump sites and pollution from agricultural activities. An example of a somewhat comprehensive soil protection law is the soil protection bill which has been introduced in Germany.

Legislation on hazardous substances and hazardous activities Legal regulations on substances and activities are desirable because they allow for integrated, cross-media environmental protection. Waste management legislation has already been mentioned as an example of such integrated legislation. Other examples which are relevant to developing countries are chemicals and pesticides legislation. One could add legislation on pharmaceuticals; here however the major aspect is human health. Examples of activities which may be regulated for environmental reasons and which are relevant to developing countries are mining, tourism or the construction of industrial facilities. Environmental aspects of such activities are not regulated in separate legal instruments; rather they are part of sectoral laws or regulations which means that environmental aspects are dealt with in chemical, pesticides, tourism, mining or industrial installation legislation. Chemicals and pesticides may be regulated in the same piece of legislation which may be a framework law which is then implemented by several regulations. An example is the recent chemicals and pesticides legislation in Gambia. 3.5

Protection and use of natural resources

Systematic aspects In many countries the legal regulations concerning the protection and sustainable use of natural resources form a separate body of legal instruments. They are laid down in numerous laws, for example, nature conservation laws, protected area laws, hunting laws, fishery laws and forestry laws. Most of these laws are implemented piecemeal through a variety of regulations and other administrative acts. Practical experience shows that legal regulations have gaps and that the enforcement deficit is considerable. Nature conservation and natural resources regulations coexist with forestry, hunting and fishery regulations, which very often emphasize use rather than conservation. The concepts of conservation and use of natural resources need to be integrated. On the one hand species protection and protected areas legislation should allow for use wherever this is acceptable. On the other hand, hunting, forestry, and fishery

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legislation should integrate protection and sustainable use wherever necessary, both at the planning level and at the level of individual decisions. To some extent harmonization is possible, for example through the adoption of general nature conservation laws or laws on conservation of biological diversity. The Convention on Biological Diversity, signed in 1992, will probably lead to more and more comprehensive laws on biological diversity. However, there will always be a plurality of legal instruments, and the need to harmonize and coordinate legislation will remain. Coordination between agencies The question of who is responsible for coordination is crucial. In most countries responsibility for the protection and use of natural resources is given to several departments within agriculture ministries. Often these departments are strong institutions which resist the idea of coordination. Sometimes they have strong ambitions to take over the coordination functions. Therefore there are good reasons to give the coordination function to an institution which is not a part of the traditionally strong agriculture ministry. The general environment agency may be entrusted with coordination, as it has coordination functions to fulfil anyway. It should not be overlooked however that such arrangements may face difficulties. Basic elements of legislation on protection and use of biological diversity 1. 2. 3.

4. 5.

6.

Purpose Definitions Responsible agencies • general agency • special agency, for example for CITES • scientific advisory board Basic principles for protection and use Instruments • inventories • monitoring • planning • EIA • inspection and control • economic incentives Protected area system

7. 8. 9.

10. 11. 12. 13. 14. 15. 16. 17.

Species protection Use of biological resources Basic principles on • hunting, fishery • agriculture • forestry • tourism • other Access to biological and genetic resources Awareness raising Education Research International cooperation Financial means Enforcement Final provisions

Species protection, protected areas, overall protection measures Species protection and the protection of particular areas require flexible regulations which ensure necessary protection on the one hand and allow for use of natural resources on the other. Enforcement mechanisms are crucial. It is also important to integrate the concept of conservation in all other relevant decision-making procedures. Experience has shown that protection of natural resources cannot rely on species protection and protected area measures alone. Such measures need to be complemented by a general regime on conservation and sustainable use, applicable and respected in all sectors and affecting and guiding all activities. 23

Such a comprehensive regime should make use of integrated planning. Planning procedures should be provided in general nature conservation laws or laws on biological diversity. Integrated planning means combining nature conservation planning and use planning. Another instrument is environmental impact assessment applying to all activities which may have impacts on nature and particularly on biological diversity. Environmental impact assessment may be provided for in the environmental framework law of a country or in nature conservation or biodiversity legislation. Access to genetic resources Increasingly important for conservation and sustainable use of natural resources is the issue of access to genetic resources. It is a central issue in the Convention on Biological Diversity which is now ratified by more than 170 countries. The Convention provides that parties shall have sovereign rights over genetic resources, that they decide on access to those resources, and that they establish the conditions for access. The Convention however also contains an obligation on Parties to facilitate access to genetic resources. The Convention provides that access to genetic resources is subject to the prior informed consent of the country which provides genetic resources. One of the most important aspects of the Convention access regime is the obligation on all Parties to share the profits from genetic resources (principle of fair and equitable sharing). These fundamental provisions of Article 15 of the Convention need to be implemented at the national level; from a legal technical point of view this is a difficult undertaking. It should be emphasized here that a regime on access to genetic resources must be implemented not only in the country of origin but also in the country which uses genetic resources. At the same time it is necessary - at least useful - that user countries establish legal regulations which complement and support the regulations in the countries of origin, particularly if the latter are developing countries. Technically, regulations on access to genetic resources may be included in a general law on biological diversity. It is also possible to develop a specific law on access to genetic resources. State practice offers examples of both options. In some cases, access regulations are being developed at the regional level, for example in the Andean Pact region. 3.6

Environmental policy instruments

The legal basis of environmental policy instruments (planning, control measures, incentives) may be laid down in environmental framework laws or in sectoral laws. In general more specific laws and regulations are required to implement them. Environmental impact assessment Environmental impact assessment is of major importance. The environmental framework law or a specific environmental impact assessment law should provide the following basic elements: 24

• • • • • • • •

requirement of EIA (general criteria or list of activities) responsibility for carrying out EIA simplified and comprehensive EIA procedure of developing and evaluating of EIA studies participation of agencies and general public in EIA effects of the EIA in the decision-making process administrative or judicial review of EIA ex-poste monitoring and control of EIA.

EIA procedures for which the basic elements have been included in a law need to be regulated in detail in regulations and guidelines. Criteria and procedures may be specified for particular sectors. Environmental standards Environmental laws and regulations usually are general and do not regulate all details. It is therefore necessary to introduce environmental standards which regulate either environmental quality, emissions from installations, products or procedures. Legal issues may include the nature of the standards: whether they are legally binding, or only recommendations. Another important question is the appropriate procedure for setting environmental standards and whether and to what extent the general public should participate in the process. Developing country governments often question which environmental standards are appropriate to their situations. The purpose of environmental standards is to make environmental requirements more specific. To the extent that they provide an ecological minimum, it may be wise to adopt legally binding provisions. Administrative instructions or binding regulations may be used. The scientific debate in recent years suggests that environmental standards are so important that they should be laid down in legally binding norms. On the other hand environmental standards should be flexible. This implies that though it is desirable to set binding norms, this should be done by the executive power rather than by the legislative power. In the Federal Republic of Germany a particular problem exists with regard to the European Union. Directives of the Union adopted on the basis of the EC Treaty often contain environmental standards which need to be implemented at the national level. According to the jurisprudence of the Court of Justice of the European Union, European directives must be implemented through legally binding norms; implementation by administrative instructions is not sufficient. This has important consequences for the Federal Republic of Germany where a number of environmental standards are contained in the so-called “Technical Instructions“. The decisions of the European Court of Justice have already had important consequences for German practice: the “Technical Instructions“ must be replaced by legal regulations. This development is a clear indication of the importance of environmental standards. The legal nature of environmental standards has consequences for standard-setting procedures. Where standards are set as legally-binding regulations, respective formal procedures and criteria need to be applied. In addition it should be taken into account that standards are not only technical descriptions but political decisions at 25

the same time. It is therefore important that procedures be developed which allow for public participation. There needs to be a consensus on such political decisons which implies at least informing the public concerning proposed standards. Even more effective would be a possibility for the public to provide comments and recommendations, which means that a consultation process should be built in. In developing countries environmental standards are often not available, particularly with regard to pollution control. Environmental agencies often have to specify requirements without having the necessary technical information. It is a serious problem in EIA procedures as well as with regard to control measures. Since standard setting procedures may be lengthy and technically difficult, it may be wise to rely at least for an interim period on internationally-recommended standards, for example those provided by organizations of the United Nations. In cases where international standards do not exactly address national conditions, it is therefore possible to modify and adapt them. Given the importance of environmental standards and standard setting procedures, it is recommended that the legal nature of the standards as well as the procedures for setting them are addressed in the country’s environmental framework law. Economic incentives Several decades of environmental law experience have clearly demonstrated that command and control approaches need to be complemented by other instruments, particularly economic incentives. It should be emphasized here that alternative instruments need a legal basis as well in order to be effective. A crucial problem is the relationship between these instruments and the traditional instruments of command and control. Environmental taxes, charges or fees, as well as tax reductions or exemptions to promote environmental technology developments need to be regulated in specific laws and/or general tax laws. A number of countries have established specific financial mechanisms to support environmental policy measures, particularly environmental funds. Environmental funds require a legal basis as well to regulate administration of the fund and the use of the financial resources. Environmental audit, another economic instrument, requires legal regulation even if it is a voluntary mechanism (example, the European Union). Instruments of environmental policy command and control instruments • • • • • • •

commands, prohibitions, standards inspection of existing installations and activities ex-poste orders licencing requirements for new installations and activities EIA notification requirements for installations and activities with low impacts planning

economic incentives • • • • • • • • • • •

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flexible requirements (for example “bubble concept“) tradable (pollution) licences fees, awards charges and taxes environmental funds subsidies tax exemptions and reductions rewards liability environmental audits voluntary measures

There is a consensus today that the alternative is not either command and control or economic incentives. Both types of instruments are necessary and do have their specific advantages and problems. In certain areas command and control is indispensable; in other areas economic incentives may be more effective than command and control. Both types of instruments complement each other. 3.7

Enforcement of environmental law

Enforcement deficits It has been indicated above that deficits in enforcement of environmental law are not only a problem of law. However, there is a legal dimension which needs to be considered here. Legal strategies and measures need to be developed to improve enforcement. First environmental law needs to be appropriate, which means legal rules must be realistic. It is important that environmental law correspond to the problems as well as the capacity of a country. It is also important that environmental law is made using transparent procedures which allow citizens and the private sector to participate. Paying attention to both the content of the law and the procedures for law-making may help to reach a higher degree of acceptance which is a prerequisite for effective enforcement of environmental law. In the US for example environmental standards are increasingly set using public policy mediation procedures. Appropriate environmental law “Appropriate environmental law“ does not mean weak or ineffective environmental law. Rather it means that requirements contained in environmental law should not be too rigid. There should be no standards and values which cannot be implemented. Another example is that economic uses in or around protected areas should not be prohibited where the local population has used the land from time immemorial or where the local population is dependent on the use of the land. Clarity and consistency of environmental law Appropriate law is but one possibility to improve enforcement. One should also ensure that environmental law is clear, simple and consistent. As has been indicated above, historical development of environmental law in many countries has led to piecemeal regulation, complex institutional mechanisms, and procedures and different substantive requirements and criteria. There is a great need to harmonize regulations and make them less complicated. This may be achieved through the adoption of general environmental laws (framework laws) either for the entire field of environmental law or at least for certain major areas. In particular enforcement deficits may be reduced by reducing the complexity of institutions. Experience shows that for political reasons this is not always easy; it is simply not possible to concentrate all environmental competences in one institution. There will always be a variety of environmental and sectoral agencies. It is therefore important to identify the task of coordination and to allocate this task to one institution,

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if possible an environmental agency. Harmonization and coordination are also important for enforcement of environmental law. Enforcement systems It is an open question whether or not enforcement can be improved by combining the competences of regulation and enforcement, or whether regulatory functions and enforcement functions should be separated and given to an independent institution (for example an inspectorate). For both systems there are examples in practice. If the regulatory and the enforcement functions are to be separated there are various options. It is possible to separate the functions within one institution and entrust various departments with different functions. Another option is to give the enforcement functions to the environmental agency which then establishes a separate environmental inspectorate. It is also possible to entrust a general inspectorate with environmental law enforcement which then may establish a separate environmental law enforcement unit. Recently a proposal has been made to establish control organs for enforcement of environmental law which would be similar to audit institutions. Duty to control or discretion? Enforcement of environmental law might be improved by replacing administrative discretion within a duty to monitor and control. In many countries enforcement activities are within the discretion of administrative agencies. It is possible to introduce generally the “legality principle“ which means that administrative agencies must monitor and control and prosecute violations in all cases and not only where there are reasons to believe that criminal law provisions are violated. Specifying environmental requirements Enforcement deficits may have a variety of causes: sometimes environmental law may be too complicated, sometimes there may be a lack of enforceable requirements. It is important to substitute complicated regulations by clear and simple requirements. Similarly, in many cases general terms and principles need to be made more specific through additional regulations. Participation and standing to sue Further legal mechanisms to improve enforcement are participation rights for individual citizens and/or for environmental associations. Similarly, access to justice may also improve the enforcement situation. In a number of countries participation rights and standing to sue are given only to adminstrative agencies. If, however, access to administrative procedures and judicial proceedings is open to individual citizens and/or associations, they can make a contribution to a better enforcement of environmental law and can help control companies and even administrative agencies. Experience clearly shows that participation and standing to sue improve enforcement.

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There are various options to introduce participation rights and standing to sue: •

Participation rights and standing to sue may be given to those who can invoke individual rights (e.g., property or health). This is a restrictive model which can be found for example in the law of the Federal Republic of Germany. This option may reduce enforcement deficits to some extent.

•

Participation rights and standing to sue may be given to everyone irrespective of individual rights. Everyone has the right to participate in administrative procedures and to bring cases to courts. Examples may be found in the law of the United States and to a degree also in India. This option serves to ensure objective legal control and allows for a hard look at administrative agencies. This liberal option may reduce enforcement deficits to a large extent. It is often said that participation rights and standing to sue for everyone are too far-reaching and obstruct governmental authorities and courts. Practice however does not support such conclusions.

•

Various intermediate options are possible. Participation rights and standing to sue may be restricted to associations and those citizens who can invoke at least an individual interest. Examples for such models can also be found in state practice (examples are common law remedies in the US, and standing to sue in French law). It is also possible to limit standing to sue to associations which according to their statutes pursue the objectives of environment protection and nature conservation (examples are to be found in the nature conservation law of some German states). It is also possible to limit standing to sue by requiring recognition procedures and giving participation rights and standing to sue only to associations which are legally recognized.

Environmental information An essential prerequisite for participation rights and standing to sue is sufficient information. Environmental law should provide for a legal right to access to environmental information. Citizens and associations should have the right to get information concerning the status of the environment, environmental pollution, data on licences and other administrative measures, as well as information concerning the monitoring and inspection activities of governmental authorities. An example of how access to information may be regulated is the law of the European Union where a European directive requires Member States to establish rights to environmental information. Technically, standing and rights to information and participation may be provided either in specific laws or in general (framework) laws. There are good reasons to choose the latter option to ensure harmonized regulation of information and participation rights. Often enforcement deficits are due to lack of information at the governmental agency level. Enforcement authorities and also sectoral authorities often lack knowledge of relevant environmental provisions. If this is the case, one cannot expect environmental law to be enforced. The situation may be improved by providing training not only for enforcement personnel but also for personnel in regulatory authorities. Training 29

activities need to be appropriate. It is also helpful and easy to compile the major environmental laws and regulations and to make them available to governmental agencies. 3.8

Environmentally-oriented sectoral law

As has been said in the context of economic instruments, environmental law is not only contained in specific environmental laws and regulations but also in general legal instruments. Some general legal instruments with environmental law provisions are, for example, integrated planning laws. Integrated planning means that a country’s general development planning respects and takes into account environmental protection considerations. This is provided by law in many countries but certainly not in all. In addition to a planning law, all laws and regulations establishing licencing procedures should prescribe that environmental considerations be taken into account. Land tenure law which regulates property and land use rights is highly relevant for environment protection. In many countries land tenure laws and environmental and resource conservation laws conflict. The problems are highly complex, particularly in developing countries. Often state ownership is necessary to achieve environmental objectives. Sometimes, however, governmental ownership is the cause of environmental problems. This may be the case where the political will is lacking to take environment protection measures and to use natural resources in a sustainable way. There are cases where private property may help environment protection. Again, however, there is no guarantee, this will be the case if there are no obligations and incentives for conservation in private land. The concept of community-based management of natural resources also has implications for property and land use rights. Law must provide for the possibility to create community property or at least community use rights as a legal basis for community-based management. The unwritten customary law of some countries may provide environmentally friendly property and land use rights. Sometimes problems exist because traditional rights are not, or are no longer recognized. Modern law may have substituted customary law even in other countries even where customary law may be recognized, there may be uncertainties. Sometimes customary rights are recognized in land tenure law but are violated by legally-based planning decisions. Such conflicts within the law need to be removed. Environmentally relevant sectoral legislation needs to be re-oriented to take environment protection considerations into account. This is important for legislation concerning industrial facilities, construction laws, laws regulating infrastructure measures, or laws on tourism. From a legal point of view it is obvious that sectoral legislation must take into account existing environmental legislation. It is however desirable to provide explicit environment protection regulations in sectoral legislation, particularly: • •

substantive obligations to protect the environment; assessment of environmental aspects in licencing procedures, particularly EIA; 30

• • • • 3.9

obligation to take environmental considerations into account in monitoring and enforcement; obligation to respect environmental considerations in planning; environmental commissioners in private companies; requirement of environmental audits. International cooperation

International cooperation in environment and nature conservation is increasingly important. A growing number of international agreements must be implemented at the national level. This is not always an easy task. International agreements which may address a wide variety of problems and issues, tend to be very general and leave great discretion to national law-makers. Only a few international agreements are “selfexecuting“. In most cases it is necessary to adopt national laws and regulations to achieve the objectives of the conventions. An important legal issue is who takes the lead for implementing an international agreement. This is a fundamental problem in many countries, not only developing ones. Traditions play a major role here. Often foreign ministries compete with environmental ministries and sectoral ministries; usually competences overlap. It is highly desirable to clarify the situation in a general environmental law (framework law). It is certainly not possible to make only one ministry responsible for international environmental cooperation. Here again, it is important to provide coordination mechanisms. There are good reasons to give the coordination function to the country’s environmental agency. It cannot be overlooked that international cooperation in the environment poses particular problems for developing countries. Often information about international negotiations and existing international regulations is insufficient. In many countries there is a lack of qualified personnel to participate in international negotiations. A similar problem exists with regard to the implementation of international agreements at the national level, where there is not only a lack of qualified lawyers but of qualified technical experts as well.

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4.

Assistance with environmental law in technical cooperation projects on institutional development in the environment

4.1

Objectives and principles of technical assistance with environmental law

The methodology of assistance with environmental law needs to correspond to its objectives. Basically there are three: •

•

•

assistance with environmental law is a component of institutional development in the environment. The production of academic studies should be avoided. Instead basic elements for legal rules useful for law-making processes need to be developed. Rules need to be prepared which are acceptable to ministries of justice as well as sectoral ministries concerned. This has implications for the approach used in providing the advisory service, for the identification of legal experts, and for the contents of the legal rules developed. assistance with environmental law should lead to proposals which are appropriate to the country in question and consequently have a chance of being enforced. Here again there are implications for the approach, the identification and use of experts, and the content of the legal rules. assistance with environmental law in institutional development should contribute to better application of environmental policies. It is not sufficient to make legal rules; it is also important to strengthen the mechanisms for applying them.

Law is a cultural phenomenon closely linked to the society which it governs. Consequently there are no recipes to be used in environmental law - and above all no global recipes! This does not mean that experiences from certain countries, concepts used in international agreements, or guidelines adopted by international organizations are useless. They are all important, but only as examples and starting points for discussion in the law-making process. Whether or not the experience of a foreign country may be transferable needs to be discussed in each individual context. This is where the dialogue between national and expatriate legal experts becomes significant. Finding the appropriate governmental level at which to work is a threshold question for all activitiesinvolving environmental law. In many countries the central government may be the only level where law-making activities take place. However there may be countries where legal rules are adopted at the regional or local level as well. Projects on institutional development in the environment can hardly influence that situation. The competences to adopt legal rules at various governmental levels are established in the constitutions of the countries and must be respected. The possibility of adopting legal rules at different governmental levels should be taken into account when technical assistance projects are carried out. It has already been pointed out that in many developing countries customary law coexists with modern law and that in many 32

cases customary law is local law. It is not only important that this law be respected; one should consider whether it can be strengthened. It may support the objectives of environmental policy. On the other hand it is also possible that customary law, particulary customary rights to use natural resources, are in conflict with the objectives of environmental policies. If this is the case, it is important that those carrying out legal reforms discuss such conflicts with the holders of traditional rights. If environmental policy objectives are considered to be more important, efforts need to be made to find alternatives to restricting or even prohibiting traditional uses of natural resources. Any environmental law assistance project requires an analysis of the general legal and institutional context. If possible, amendments and new legal rules should be integrated into existing systems. Respect for existing institutions increases acceptability. However, where competing competences exist, cooperation mechanisms need to be developed.

4.2

Methodology for technical assistance with environmental law

Integration into projects for institutional development in the environment Technical assistance with environmental law is not an end in itself. Nor is it an independent field of activity. Its objective rather is to support the processes of institution-building. Technical assistance with environmental law should help create the legal instruments needed to achieve the goals of institutional development. It should also identify legal rules which create obstacles to the goals of institutionbuilding, and submit proposals to remove such obstacles. Technical assistance with environmental law should in addition lead to the creation of appropriate legal frameworks for institution-building processes, for example in areas such as constitutional law, administrative law, procedural law, land tenure law, civil law and criminal law. Integration into environmental policies Environmental law needs to be integrated into a country’s environmental policies. Without a solid environmental policy, no effective environmental law can be established. General environmental legal instruments should be based on general environmental plans or strategies. Sectoral environmental legal instruments should be based on sectoral environmental plans. Work on environmental legal instruments, be it general environmental framework laws or sectoral laws, requires planning as well. Existing legal rules should be reviewed and deficits identified. Then a programme for law reform activities should be developed which provides not only for the various steps to be taken but also for the basic principles upon which new legal rules are to be based. This may be illustrated using the example of a GTZ project in Gambia where an Environmental Legislation Action Plan was drafted following the analysis of existing law. This Action Plan also discusses fundamental principles such as decentralization and property and land-use rights. 33

Example: Environmental Legislation Action Plan for Gambia Under the Gambian-German Environmental Management Project an Action Plan was developed to provide guidance and a structure for the environmental law component of the project. It provides the basic measures to be taken, describes the procedural steps, creates an institutional arrangement, and contains a time schedule. The draft Environmental Legislation Action Plan was submitted to a consultation process within the government and was adopted at a workshop, with broad participation of agencies and nongovernmental organizations, held in April 1996. The Environmental Legislation Action Plan provides the following structure: Part A • • • • • • •

Introduction Background of Action Plan Purpose of Action Plan Basis of Action Plan Focus on priority areas and role of NEA Structure of Action Plan Role of Policies Nature of Action Plan

Part B • • • • • •

Enviromental Legislation Action Plan Basic Principles of Environmental Legislation Cooperation and Coordination in Government Decentralization of Government Public Participation International Cooperation Security of Land Tenure

• • • •

Legislative Actions in Priority Areas Public Health Legislation EIA Legislation Review of Draft Forestry Legislation and Draft Water Legislation Preparation of Studies Time Schedule

Part C •

Institutional Arrangement for Implementation Environmental Legislation Working Group

Source: GGEMP Enviromental Legislation Action Plan, April 1996

Participatory approach Any political activity which is to lead to law reform or to new legal rules should involve the stakeholders both in government and in the private sector. This requirement is essential; otherwise law amendments and new legal rules will not be accepted. Participation is also necessary in order to ensure that new law is appropriate and to avoid conflicts. Relevant administrative agencies need to be involved at all levels of government. Regional and local agencies as well as representatives of the population need to have access to the law-making process at the national level. Participation by lower levels of goverment is particularly important, as this is where legal rules will be enforced. Acceptability of legal rules is an essential prerequisite for effective law enforcement.

34

With regard to the law-making procedure, it is important that drafts of proposed legal rules are made available far enough in advance of adoption so that relevant stakeholders can comment and submit proposals for amendments. Opportunities and fora for discussion of draft regulations should be provided. An alternative option is to prepare regulations in working groups composed of experts representing the various stakeholders. Such working groups should bring together representatives of key institutions: representatives of environmental agencies; of sectoral agencies, the private sectorm and non-governmental organizations. However, it is important to limit the size of these teams in order to have workable entities. Public procedure and communication strategy Law reform projects which are to be implementable need to be open. This implies involving the media. Although the media cannot be involved from the very beginning, it is essential to involve them at later stages when consolidated drafts can be discussed. The law reform activity needs to become a political event. This increases the level of information and strengthens the motivation of all stakeholders. Furthermore it increases the level of acceptability and creates the mechanisms necessary for effective cooperation between the governmental and non-governmental sectors. Those who carry out law reform activities should actively seek access to the media. This strengthens the political dimensions of environmental law reform. This could take the form of contributions to local newspapers, radio programmes or TV interviews. Developing environmental legal rules is a political activity which can only be successful if the public debate takes place at the same time. Environmental law is nothing else than the legal expression of environmental policy. Contribution to better enforcement of environmental law Enforcement deficit is a problem which cannot be solved by legal techniques alone. It has many causes and therefore only a series of methods can lead to improvement. On the legal side two approaches are possible: • •

4.3

Rights of participation in administrative procedures and access to courts. Even more important are environmental law education and training. Lawyers, technical personnel in administrative agencies, in the private sector and in nongovernmental organizations, and, last but not least, the general public are the targets. Institution-building projects should have environmental law seminars as standard components. Furthermore, environmental laws and regulations of a country should be collected and made available to governmental agencies, the private sector and the general public. Such information and education measures help to reduce the enforcement deficit to some extent. Identification and use of environmental law expertise

Using and strengthening local know-how

35

In many project countries considerable legal expertise is available which may be used for environmental law assistance activities. It is important to identify it and make it available for the project. Experience has shown that environmental law expertise exists at universities and also in the private sector. A number of developing country governments have lawyers with environmental law expertise who can be involved in environmental law project activities. Necessary arrangements need to be made to avoid conflicts of interest, however. National legal experts may need general and specific environmental law information. They may be provided with laws and regulations from other countries where conditions are similar. Information provided may also cover international agreements, documents from international organizations, and environmental law literature. Wherever possible, local legal experts should be provided with short-term attachments in libraries, research institutions or with colleagues in other countries where they can continue the environmental law consultancy work using available information and profiting from discussions with colleagues. In countries where environmental law expertise is not sufficiently available, it is possible to build up environmental law know-how through short-term but focused environmental law training targeted at interested and open-minded lawyers with a good general legal education. Environmental law training should focus on the environmental problems and the legal structures of the country in question. Lawyers who participate in such training coursesmay then be respected to be available for insitution-building activities, whether in environmental agencies, sectoral agencies, tribunals or even in the private sector. Training courses may also be organized to train environmental law instructors who then in turn train technical personnel in government, adminstration and the private sector. Such training activities have been suggested for two GTZ projects, the Gambian-German Environmental Management Project and the GTZ project which supports the Environmental Agency in Jordan. An attempt should be made to provide a similar opportunity for a group of lawyers from Eritrea. The role of expatriate legal experts It is submitted here that technical assistance in environmental law should use local expertise wherever possible. However, expatriate advisers can provide support, make available international and comparative material, and be partners in a dialogue about experience in other parts of the world. Environmental law reform can greatly benefit from a dialogue on experience in other countries and in other legal systems; such a dialogue does not necessarily lead to simple adoption of foreign models. Expatriate advisers may be resource persons for training activities for lawyers as well as technical personnel. Furthermore they can be used to make contacts with universities, research institutions and other organizations for attachment possibilities for local experts. Practicing attorneys in Europe, for example, may offer colleagues from developing countries the opportunity to work in their offices for a certain time. The profile of expatriate environmental law advisers

36

Expatriate advisers should have several years experience in environmental law. Familiarity with comparative and international environmental law is particularly important. Experience with technical assistance in environmental law shows that expatriate advisers’ most important input is to provide information on environmental law practice in other countries and other legal systems. Consequently the adviser needs a background in environmental law in the major legal systems, on the law on the books and the law in practice. Environmental law advisers need to know about problems of law enforcement. They need to have an understanding of enforcement deficits which, as noted several times in this brochure, has legal and non-legal causes alike. This means that environmental law advisers must be capable of looking beyond the horizon of their own discipline. It is obvious that environmental law advisers cannot escape from their professional and national backgrounds. However, a certain distance from their own national context is necessary so that their recommendations do not simply transfer solutions from their home countries to others. Environmental law advisers must be capable of integrating their activities into the institution-building programmes in the respective countries. There need to be openness and understanding for the other components of projects. Environmental law advisers need to understand their work as a service to others rather than looking at it as an end in itself. This clearly implies a particular understanding of the law as such. Law should not be considered as neutral, but as a political instrument. Assistance with environmental law is political which means that environmental law advisers must be capable of thinking in political terms. They must be able to recognize the roots of a legal order, i.e., the basic historical, societal, economic and social conditions of the country to which their service is provided. Language skills are indispensable as is the capacity to analyse and communicate foreign environmental law experiences. Environmental law advisers should also have teaching experience since training in environmental law plays a key role. 4.4

Resources for technical assistance with environmental law

Environmental law expertise in developing countries The nature and extent of technical assistance with environmental law depends upon the environmental law resources available in developing countries. There are regions where a good environmental legal infrastructure is available. This is the case, for example, in Latin America, particularly in Argentina, Brazil, Ecuador, Colombia and Peru. Environmental law advisory services may rely on those resources not only for work in those countries themselves, but also for other consultancy activities in the region. Significant environmental law resources are also available in India, Bangladesh, Sri Lanka and Pakistan.

37

Examples: Environmental organizations in developing countries specialized in environmental law Latin America: Centro de Derecho Ambiental y los Recursos Naturales (CEDARENA) / Costa Rica Corporación de Estudios de Estructura y Administración del Estado (ESTADE) / Ecuador Fundación Ambiente y Recursos Naturales (FARN) / Argentina Fundación para la Defensa del Interés Público (FUNDEPUBLICO) / Colombia Sociedad Peruana de Derecho Ambiental (SPDA) / Peru Africa: Société Marocaine pour le Droit de l’Environnement / Morocco Asia: Bangladesh Environmental Lawyers Association Environmental Foundation Ltd. / Sri Lanka IUCN Pakistan Office Society for Legal and Environmental Analysis and Development Research (LEADERS) / Nepal

The situation in Africa is slightly different. Environmental law expertise is available in Algeria, Egypt, Morocco, Tunisia, Senegal, Ghana, Nigeria, Zimbabwe, Tanzania, Kenya and Sudan. However, in most other countries, environmental law expertise are scarce. Environmental law is a marginal discipline in the West Asia region. There may be exceptions with regard to individual states such as Kuwait, Lebanon and Pakistan which do have lawyers specialized in environmental law. In Southern Asia and in the Pacific region environmental law capacity exists in individual countries, for example Philippines and Indonesia. South Pacific Island states often invite environmental law experts from Australia, New Zealand or the U.S. not only as experts or consultants but also as employees in governmental agencies. It is fair to state that in the Pacific region local environmental exertise needs to be developed. In countries where an environmental law infrastructure is available, it is sufficient to provide incentives for local lawyers to carry out the environmental law work. Experience shows that it is necessary to support them with information and materials, such as texts of laws from other countries, international agreements, environmental law literature, judicial decisions and documents from international organizations. It is also important to bring local environmental lawyers in contact with colleagues from other countries and other parts of the world. Workshops should be built in to all environmental law activities. Local lawyers may also be given the chance to visit Europe, the U.S., or other countries in order to carry out environmental law research. In countries where an environmental law infrastructure is not yet available, expatriate experts are indispensable at least in the beginning. Wherever possible, experts from the region or from other developing countries should be identified and brought in, as developing countries often prefer those experts. And it is important that training opportunities are provided from the beginning of an environmental law project. External advisers

38

Many institutions offer advisory services in environmental law for developing countries. Selected institutions, including universitites and non-governmental organizations, are compiled in Annex 2a. Worldwide there are many lawyers specialized in environmental law who fit the profile given in Section 4.3. A selection is offered in Annex 2b of this brochure. International organizations also provide environmental law advisory services, particularly UNEP, FAO, the World Bank and IUCN. In some cases they provide the expertise of staff members specialized in environmental law, in others they call on established networks of experts. These international organizations are listed in Annex 2c. Environmental law information centres The most prominent is the IUCN Environmental Law Centre in Bonn, Germany. The Environmental Law Information System (ELIS) compiles environmental legislation and other national legal instruments, international agreements, European directives, regulations and decisions, documents of international organizations, and environmental law literature from all over the world. ELIS is a computerized databank; selected references are available on the Internet. Full-text hard copies of many legal instruments are available from the Law Centre. The IUCN Environmental Law Centre provides the UNEP INFOTERRA information system with environmental law information. The UNEP Regional Office for Latin America and the Caribbean has established its own information system on environmental law, focusing on the Latin American and Caribbean region. The Fundación Ambiente y Recursos Naturales (FARN) in Buenos Aires, Argentina, has an established environmental law information system which focuses on the South American region. FARN also cooperates with the IUCN Environmental Law Centre as well as with the UNEP Regional Office for Latin American and the Caribbean. In addition to environmental legislation and environmental legal literature the holdings include documents and materials on environmental policy. Technical assistance organizations

with

environmental

law

provided

by

international

Since the 1970s environmental law advisory services have become an important activity of international environmental organizations. UNEP made environmental law one of its priority areas and established a specialized department, the Environmental Law and Institutions - Programme Activity Center (ELI-PAC). The advisory services offered cover numerous fields of environmental law, particularly framework environmental laws which provide the foundation for environmental institutions. Some of UNEP’s regional offices also offer environmental law services, particularly the Regional Office for Latin American and the Caribbean which recently development a model for an environmental framework law. The specialized agencies of the United Nations, particularly FAO, IMO, WHO, UNDP and UNIDO provide environmental law services. Each agency provides services in its 39

particular area of interest. FAO assists with forestry legislation, water resource legislation, fishery and wildlife legislation, and sometimes with legislation concerning protected areas. FAO specializes in pesticide legislation. FAO has established its own department responsible for such advisory services. The Development Law Service is part of the Legal Office. Its staff lawyers cover various disciplines and languages as well. IMO assists with implementing international agreements on marine pollution control. It is therefore an important partner for coastal developing states. WHO supports countries with legislation on public health. Its standards on environmental quality are very important for developing country governments. UNDP and UNIDO both assist with industrial pollution control. The World Bank has increased its environmental law services, particularly since the 1992 Rio Conference. The Bank offers consultancy services on general environmental laws which often implement the Bank’s national environmental action plans. The legal office of the World Bank established its own sub-unit for environmental law; this sub-unit, however, is not the only institution within the World Bank which works on environmental law. Regional and technical departments of the Bank employ environmental lawyers as well. Projects of the IUCN Environmental Law Service 1990 - 1996 (selection) Africa: Botswana Eritrea Eritrea Gambia Gambia Guinea-Bissau Mauritania Mozambique Niger Zambia Tanzania Uganda

EIA Legislation Environmental Framework Law Law on Biological Diversity Environmental Framework Law Legal institutions in the field of biological diversity Protected Area Legislation Legislation on Hunting and Forestry Environmental Framework Law Protected Area Legislation Implementation of the Environmental Framework Law Amendment to Forestry Legislation Environmental Framework Law

1994/95 1996 1996 1993/94 1996 1994/96 1994/96 1992 1991 1991 1992 1993

West Asia: Jordan Qatar Lebanon Nepal Nepal Nepal Pakistan

Environmental Framework Law Environmental Framework Law Recommendations on environmental legislation Environmental Framework Law EIA Legislation Protected Area Legislation Environmental Framework Law (federal and provincial)

1991/95 1994 1993 1990/94 1990/94 1992/94 1992/95

Asia and Pacific: Cook Islands Marshall Islands Federal States of Micronesia / Solomon Islands Tonga

Environmental Law Profiles

Latin America: Argentina Argentina Bolivia Colombia Colombia

Environment Protection in Constitutional Law Structure of Environmental Legislation EIA Legislation Environment Protection in the Constitution Nature Conservation Legislation

1993

40

1993 1994 1993/94 1991 1992/93

Ecuador Andean Pact

Forestry Legislation Legislation on Access to Genetic Resources

Eastern Europe: Romania

Nature Conservation in the Danube Delta

1992 1994/95

1993

The IUCN Environmental Law Programme has always assisted developing countries with environmental legislation. In 1990, the Environmental Law Service was established to assist developing countries in all regions of the world with establishing and further developing environmental legislation. Between 1990 and 1996 advisory services were provided to some 40 countries on a variety of environmental legal issues. Of particular importance were environmental framework laws and laws and regulations on nature conservation.

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5.

Conclusion

The preceding chapters are far from being an exhaustive analysis of environmental issues and of approaches for technical assistance with environmental law. Such however, was not the intent. It has been said that technical cooperation projects concerned with environmental institution-building often are confronted with environmental law issues which in many cases cannot be resolved. Project planning often considers these issues as external factors or assumptions and does not include them. The purpose of this brochure is to give an overview of essential aspects of environmental law and of the resources available for environmental law assistance (see annexes) and to provide guidance in addressing and improving the legal components of technical cooperation projects. It is up to GTZ and its partners in developing countries to review the understanding of institution-building projects in the environment. It is a fact that the effectiveness and significance of many institution-building projects can be increased if the results of the projects are transformed into legal norms wherever this is relevant. It is beyond any doubt that the role of external experts must be limited to an advisory function; the initiative and responsibilty lie with the partners in developing countries. It is also beyond doubt that environmental law activities will vary according to the content and the level of the project as well as the type of partner organization. Limited experience with environmental law technical assistance on the German side and the political sensitivity of the issues involved should not, however, be grounds for considering legal issues as external factors beyond the scope of institution-building projects. It is important to consider environmental law advice as a service. The environmental law adviser must share this understanding. Legal concepts must not be simply “exported“. What is helpful is to provide information about both positive and negative experiences in comparable legal systems. Comparative law - theory and practice - as well as public international law are increasingly important. Public international law is not only a source of legal approaches and concepts; it is at the same time an incentive for international cooperation and thus fulfils a political function. Technical assistance with environmental law, if organized and carried out in the way described above, is a communcation process designed to identify and develop the legal mechanisms which are appropriate to the environmental problems, the political structures and the legal culture of the country concerned.

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Annex 1: Answers received from GTZ projects on institutional development in the environment GTZ identified 14 projects to which questionnaires were sent. These projects were: • Benin • Brazil • Brazil • Brazil • CARICOM • Ivory Coast • Ecuador • India • Colombia • Mali • Morocco • OECS • Russia • Tunisia

environmental planner in the Ministry of Environment, Housing and Urban Development; support to environment and resource protection, IMA, Alagoas; PRORENDA: support to environment and resource protection, RGS; environmental impacts of dam projects in Parana; improvement of environmental health in the Caribbean; sectoral programme forest management and nature conservation; forestry policy advice; strengthening of environmental agencies; local community development; integrated resource management; environmental management; cooperation in natural resource management; ecologically oriented land-use planning in the Baikal region; support to the environmental agency ANPE.

For the purposes of the study, summary project descriptions were made available. On the basis of the project descriptions, questionnaires with both general and specific questions were developed and sent to the GTZ projects in the respective countries. Results received from GTZ projects Replies were received from the projects in Benin, Brazil/Alagoas, Brazil/Parana, Brazil/Rio Grande do Sul, Ecuador, India, Morocco and Russia. The project in the East Caribbean region made available a study which had been produced by the project. An additional response was received from the Philippine-German project on industrial pollution control, which was also included in this study. The replies received are summarized as follows: Benin The Environmental Action Plan of Benin provides for a series of legislative initiatives. These initiatives are: -

compilation of existing legislative texts and their dissemination; development of an environmental framework law; implementation of international conventions ratified by Benin; harmonization of existing legislation at the national and international level.

43

In the 1980s and 1990s a number of laws were amended, including the Forestry Law (1993), the Mining Law (1983), the Hunting Law (1987), the Law on Public Health (1987) and the Water Resource Law (1987). In addition to these amendments, new laws and regulations have been planned. Of priority interest is the introduction of the Environmental Framework Law, the Law on Environmental Impact Assessment and the development of standards and norms. According to the reply from the project the standards and norms are to be introduced by regulations. The legal foundation for the Ministry of Environment, Housing and Urban Development, the main actor in environmental policy in Benin, is considered to be sufficient. It is added, however, that the competences, particularly with regard to enforcement, are weak. Important competences in environmental matters are allocated to other ministries for example, nature conservation, forestry and biological diversity are all given to the Ministry of Agriculture. These other institutions insisted on retaining their competences. Enforcement of environmental law faces enormous problems. The reply from the project describes that in recent years a lot of work has been done to raise awareness and involve the public in legislative processes. Due to structural adjustment measures, however, the governmental factor has been reduced so that civil servants at the lower and middle levels are lacking. Regular monitoring is hardly possible. Measures are needed to train civil servants and to decentralize existing governmental structures. There is a need for GTZ to provide technical assistance with environmental law as the country lacks experience and resources. In-country training focusing on specific cases was considered most effective. Brazil / Alagoas Legal regulations are lacking in priority areas, such as the chlorine chemical industry. There are no air pollution control standards, and existing waste water treatment standards are only very general. Enforcement of existing legal rules is a major problem. Fines and penalties provided for in existing legislation are low. Penalties imposed do not correspond to the seriousness of accidents occuring. One possibility for improving environmental law enforcement would be to strengthen the public prosecutor who is concerned with environmental matters and who has an urgent need of technical facilities to provide the evidence necessary to prove violations of the law. Another would be to strengthen and use citizen suits and suits by organizations. In addition, the legal foundation for the environmental agency needs to be strengthened. There is considerable need for environmental education, including in the area of environmental law. In this context, however, there are political and personal difficulties to be overcome. Brazil / Parana

44

The legal rules on environmental impact assessment which are of particular importance for the project are not yet established in the state of Parana. The project has developed draft regulations, but they have not yet been adopted by the state government. The basis of decisions to be taken by the licensing authority, the Environmental Institute of Parana, are internal agreements which are even not available in written form. Legal issues have played a major role in the course of the project. An analysis of the legal issues has been completed and recommendations for improvement have been submitted. These recommendations concern a state environment protection act, procedural regulations for planning involving environmental impact assessment, regulations on public participation, regulations on industrial pollution control and water resource management. In addition, a comparative study on water resource administration in various federal states of Brazil and at the federal level has been completed. The project has compiled a loose-leaf collection of Brazilian environmental legislation. This collection comprises federal, state, and local laws as well as international agreements. As to the need for environmental law advisory services, the reply suggests that national legal know-how needs to be strengthened. Measures applying to several projects are proposed. The causes of ineffective enforcement of environmental law are, inter alia, the lack of political will, special interests of socially and economically powerful groups, the weakness of public administration, lack of technical training and equipment, and delays in developing and implementing legislation. Here again, it is suggested that improvement may be possible through strengthening the public prosecutor of the State of Parana. An application for such activity has been submitted to the GTZ. Brazil / Rio Grande do Sul The environmental enforcement agency Fundação Estadual de Proteção Ambiental (FEPAM) is a governmental foundation of the State of Rio Grande do Sul. The legal basis is Decree No. 33.765 of 1990. The legal basis for the foundation is said to be sufficient, however, it lacks qualified personnel. The FEPAM employs two lawyers who can hardly cope with the workload. Both at the state and the local level there is a considerable need for advice and training, which could be provided through expatriate experts, workshops and seminars. Environmental law in Brazil in general and in the State of Rio Grande do Sul in particular is extremely piecemeal. Legal regulations at the three governmental levels the Federation, the States and the local communities - are often not harmonized. They are hard to understand and often are simply not known. Therefore, there is a call for codifying environmental law. At the State level, the draft of a comprehensive environmental protection law has been submitted. The draft has been criticised as unnecessarily repeating federal legislation and not clarifying the competences for law enforcement. Environmental impact assessment in Brazil is regulated at the federal level (Resolution 001 of the National Environmental Council of 1996 and Federal 45

Constitution of 1988). The Brazilian Federal Constitution is the only constitution in the world which addresses the issue of environmental impact assessment. However, the major problem is the lack of qualified personnel to evaluate the studies submitted by project proponents. Therefore a good legal regime does not function in practice. This is the case also in the State of Rio Grande do Sul. The enforcement deficit is considerable. One reason is that the legal rules raise high expectations (“laws are often considered aesthetic products of their creators who want to demonstrate problem awareness and political experience“). Another reason is that the law is often contradictory. Penalties provided for are often outdated. The 1985 law introducing standing to sue environmental organizations together with the constitutional provisions allowing citizen suits has improved judicial review of governmental action and has brought about good conditions for better enforcement of environmental law. However, experience in practice is somewhat sobering. There have been few suits which indicates that granting standing has not ensured enforcement of environmental law. Environmental councils have been established at all governmental levels. Councils are important for individual cases, but they are no substitutes for enforcement of environmental law by administrative agencies. Ecuador There is a legal basis for a national forestry policy (Forestry and Nature Conservation Law of 1981 and the Law on the Establishment of the Forestry and Nature Conservation Institute INEFAN of 1992). In addition, more than 50 laws concern the use and protection of forest resources. These laws however are not without contradictions, and partly overlap. Various legislative initiatives are pending in congress, inter alia, for an Environment Protection Act, an Act on Protected Areas and an Act on Biological Diversity. Furthermore, a forestry sector policy document on natural areas and wildlife has been prepared which envisages an initiative for a modern forestry and nature conservation act. Environmental law is not as effective as it should be. The control of major economic sectors such as petroleum, mining, shrimp farming and agriculture has proven to be difficult. Environmental impact assessments of major development projects (road construction and urban development) have not been sufficient. Also in Ecuador there is a gap between the written law and reality in society. This is particularly serious in the large forest areas of the Amazon region or the Northern coastal zone, where the governmental authorities are simply not present. The project suggests that local, i.e. Indian and farmer, populations can be more effectively involved in the preparation of forest use and protection concepts. It is proposed that management of natural resources should increasingly be shifted to the community level. Better institutional coordination, environmental education, better qualification and equipment of forest and protected area personnel, development and implementation of innovative political concepts are also necessary. The participation of individuals and groups in environmental procedures has been minimal so far, and should be strengthened by new legislative initiatives. Similarly, 46

access to courts should be made more effective. In general, however, the potential of judicial review to solve conflicts is considered by the project to be low. Major legal actions involving violations of environment law are not pending in Ecuador itself but rather in foreign countries (suits pending in the U.S. for compensation for environmental damages from oil exploitation). The project suggests that it is more important to avoid conflicts through more effective participation of concerned groups in both law-making and law enforcement. India Legal issues are part of the everyday work and have played a major role in all activities of the project. The legal rules affecting some project activities have been reviewed. Substantive legal regulations concerning environment protection are available in India, mostly in federal legislation. There are, however, contradictions and gaps, and some of the legal regulations are not enforceable. Enforcement is complicated by corruption; and insufficient technical qualification of enforcement authorities, and poor staffing. The legal foundation for the Pollution Control Boards is sufficient, and the competences are adequately described. The authorities have the power to close installations through court procedures. In general the courts play an important role, and the legal position of citizens and of environmental organizations is relatively strong. The project indicates that there is no need for law reform in this respect. There is a need for legal regulations and to initiate legislative processes. The project replies, however, that there is no specific need for environmental law advisory services in India as national resources are considered to be sufficient. There is however a need for scientific technical assistance. Morocco Although there is scarcely any environmental law to date, there are plans to remedy the situation. Currently an environmental framework law is being prepared, and there are plans for legislation concerning: • • • • • •

air pollution control; water resource management; water pollution control; hazardous wastes; law of industrial installations; establishment of administrative agencies.

A model water resource protection decree is planned. An environmental impact assessment system is currently being considered by the Environmental Secretariat and the World Bank. A fundamental problem is the lack of environmental standards. So far there are known national standards only for drinking water. The project aims at introducing environmental standards or to advise on their introduction but there is no legal basis 47

on which to do so. Enforcement of environmental law is a considerable problem as well. Enforcement responsibility is not clearly regulated but is basically the responsibility of sectoral ministries. The Environmental Agency was given a coordinating function in order not to disturb the balance of powers. Organization of Eastern Caribbean States Two studies were consulted to evaluate the environmental law situation in the East Caribbean region: the report “OECS / Natural Resource Management Unit“ of July 1994 and the report “Inventory of Environmental Impact Assessment (EIA) and Coastal Zone Management (CZM) Application in Five OECS Member States“ of Devember 1994. The OECS has developed model regulations on the two issues. However, the Member States have adopted only parts of them. OECS has developed EIA legislation regulations and guidelines. A framework CZM law and various thematic regulations have been proposed. The reports indicate that it is necessary to implement the regionally-proposed legal instruments in the national legislation of the Member States. Russia The project in Russia concerns ecologically-oriented land-use planning in the Lake Baikal region. The region is a unique and highly sensitive natural area which is not sufficiently protected through existing policies and legal regulations. Therefore, a specific law concerning the protection of the Lake Baikal region is being prepared. It is a Federation law and concerns all economic uses in the region. So far it is not yet in force. In Russia there is no central, regional or local land-use planning. Planning laws in the true sense do not exist so far and there are no regulations concerning planning procedures and contents. The project therefore aimsto prepare the legal regulations for planning and do the planning itself. The lack of planning legislation also means that there are no rules for public participation. During the course of the project the legal issues have been reviewed to some extent. There are considerable difficulties. From a legal point of view the following questions have been raised: • • •

Is there a need for a landscape plan or for an integrated plan? Which specific plans are to be integrated into a regional plan? What degree of binding force can and should the plan have? What are the respective consequences if the plan is binding for authorities only or if the plan is generally binding, thus effecting the citizens as well? Is there a need for a specific planning law? Can planning issues be regulated in specific laws, e.g., on nature conservation or agriculture?

The project also indicates that in the Baikal region enforcement of environmental law is a major problem. There are considerable discrepances between what the law is supposed to regulate and the reality in practice. 48

The lack of qualified environmental lawyers is a serious problem. According to the project, there is no lawyer specialized in planning and environmental law available. There is a great need for general support to determine the contents, procedures and implementation of planning. The details and the coordination should be left to the Russian partners. Philippines The reply from the GTZ project in the Philippines indicates that a series of legal issues have been raised. The first question concerns the controversial legal status of the Environmental Quality Council. It has been proposed that the Council be either an enforcement agency or a private law foundation. There is also the question of liability of members of the Council for an erroneous assessment. The project suggests that there is an urgent need for advisory services to assist on preparing the statutes of the Council. Another problem concerns the legal competence of the Joint Inspection Team which consists of members of three departments: environment, public health and labour. All of them are given enforcement and control responsibilities. So far the legal basis of the Joint Inspection Team is a memorandum of agreement which is not considered sufficient. The Team needs a stronger legal foundation. A third legal issue has been raised in the context of establishing environmental laboratories. At the moment 12 laboratories cooperate. The legal basis here again is a memorandum of agreement. In order to achieve results which can stand up in courts, the laboratories need to be accredited. Here again liability issues have been raised, for example with regard to the closing of facilities. Legal advice is needed. A fourth legal issue concerns a treatment plant for toxic industrial wastes, which has been constructed by the project and is being operated by a private company. The question is how to ensure that the operator’s business practices are environmentally friendly. There is a need for advice on which legal instruments can be used to ensure environmentally sound behaviour on the part of the operator. A last legal issue concerns the establishment and operation of a so-called Revolving Fund. The question is how the Fund can be used as an economic incentive mechanism to ensure environmentally friendly behaviour.

49

Annex 2:

Resources for technical assistance with environmental law

a) Institutions providing technical assistance with environmental law LATIN AMERICA Fundación Ambiente y Recursos Naturales (FARN) Monroe 2142 1428 Buenos Aires Argentina email: [email protected] Centro de Derecho Ambiental y de los Recursos Naturales (CEDARENA) Apdo. 134-2050 San Pedro Costa Rica

Fundación para la Defensa del Interés Público (FUNDEPUBLICO) Calle 71 No. 5-83 Bogotá Colombia

Lawyers for a Green Planet Faculdade de Direito da USP CEP 01401-002 São Paulo SP Brazil Corporación de Estudios de Estructura y Administración del Estado (ESTADE) P.O. Box 17-17-8 Quito Ecuador email: [email protected] Instituto de Derecho Ambiental y Desarrollo Sustenable (IDEADS) CP 01001 Ciudad de Guatemala Guatemala email: [email protected]

Sociedad Peruana de Derecho Ambiental (SPDA) Plaza Arrospide No. 9 San Isidro CP 27 Lima Peru email: [email protected]

ASIA Bangladesh Environmental Lawyers Association House 47 Road 5 Dhanmondi R/A Dhaka 1205 Bangladesh email: [email protected] IUCN Pakistan National Office 1, Bath Island Road Karachi 75530 Pakistan email: [email protected]

Society for Legal and Environmental Analysis and Development Research LEADERS Nepal Radhakudi Arcade, Ramshah Path P.O. Box 4851 Kathmandu, Nepal Asia-Pacific Centre for Environmental Law (APCEL) National University of Singapore 10 Kent Ridge Crescent Singapore 254866 Singapore email: [email protected] Internet: http://www.sunsite.nus.sg/apcel/index.html

Environmental Foundation Ltd. 29, Siripa Road Colombo 5 Sri Lanka 50

EUROPE Institut für Umweltrecht Universität Frankfurt /Main Fachbereich Rechtswissenschaft Senckenberganlage 31 60054 Frankfurt / Main Germany Ökoinstitut Bereich Umweltrecht Bunsenstraße 14 64293 Darmstadt Germany

Zentrum für Europäische Rechtspolitik Universität Bremen Postfach Bremen Germany Centre International de Droit Comparé de l´Environnement Place du Présidial F- 87031 Limoges France

Foundation for International Environmental Law and Development (FIELD) SOAS / University of London 46-47 Russell Square London WC1B4JP United Kingdom email: [email protected]

USA Environmental Law Institute 1616 P Street NW Washington, D.C. USA http://www.eli.org Center for International Environmental Law (CIEL) 1367 Connecticut Ave., N.W. Suite 300 Washington, DC 20036 USA Internet: http://www.econet.apc.org/ciel/

Center for Environmental Legal Studies Pace University, Law School 78 North Broadway White Plains NY 10603 USA http://www.law.pace.edu/env/vell6.html Environmental Law Alliance Worldwide (E-LAW) 1877 Garden Avenue Eugene OR 97403 USA email: [email protected] Internet: http://www.igc.apc.org/elaw/

AUSTRALIA Environmental Law Research Center Macquarie University School of Law Sydney, NSW 2109 Australia

Australian Center for Environmental Law 173-175 Phillip Street Sydney, NSW 2000 Australia Internet: http://www.law.usyd.edu.au/~acel/

b) Environmental law advisers AFRICA Kifle Lemma P.O.Box 10028 Addis Abeba Ethiopia

John Ntambirweki Makere University Faculty of Law P.O.Box 7062 Kampala Uganda email: [email protected]

51

Doris Mwinga Ministry of Legal Affairs P.O. Box 50106 Lusaka Zambia

Wilson M.K. Masilingi P.O.Box 63154 Dar es Salaam Nemaco Tanzania

Olawale Ajai Head, Dept. of Public & Private Law Nigerian Institute of Advanced Legal Studies P.M. Box 12820 Akoka-Yaba, Lagos Nigeria

NORTH AFRICA / WEST ASIA Ms. Iman Moqbel P.O. Box 910454 11191 Amman Jordan

Prof. Mohammed Bekhechi Legal Counsel Environmental Affairs Unit (Legal Department) World Bank 1818 H Street, N.W. Washington, D.C. 20433, USA email: [email protected]

Dr. Badria Al -Awadhi Legal and Environmental Consultant Ahmed Al-Jaber Street P.O.Box 27357 13134 Safat, Kuwait email: [email protected]

Prof. Ali Mékouar FAO Legal Office Development Law Service Viale delle Terme di Caracalla 00100 Rome, Italy email: [email protected]

Prof. Abdelaziz M. Abdelhady Kuwait University Faculty of Law P.O.Box 5476 13055 Safat, Kuwait

LATIN AMERICA Ricardo Koolen c/o FARN Monroe 2142 1428 Buenos Aires Argentina

Prof. Dr. Daniel Sabsay c/o FARN Monroe 2142 1248 Buenos Aires Argentina email: [email protected]

Grethel Aguilar Apartado postal: El Tumi 1247-1007 San José, Costa Rica email: [email protected]

Prof.Dr. Paulo Affonso Lemme Machado Rua Barao de Piracicamirim No. 787 Ap. 102 13 416-150 Piracicaba, Brazil

Prof. Roberto dos Santos Vieira Universidade do Amazonas Faculdade de Direito Departamento de Direito Publico

Eduardo Astorga Monsenor Edwards 2087 La Reina Santiago 52

Pr. dos Remedios 147 69.003 Manaus, AM, Brazil

Chile email: [email protected]

Rodrigo G. Barahona Israel Calle 19 Entre Avenidas 10 y 10 bis No. 1035 San Jose, Costa Rica

Ms. Patricia Madrigal Cordero Ap. 4117-1000 San Jose, Costa Rica email: [email protected]

Efrain Perez Direktor ESTADE P.O. Box 17-17-8 Quito,Ecuador email: [email protected]

Ms. Diana Ponce-Nava Prolongatin de Angelina 10 Col. Guadalupe Inn Mexico D.F. 01020 email: [email protected]

Albert Szekely (Address: see Ponce-Nava) Jorge Caillaux Zazzali President SPDA Plaza Arrospide No. 9 San Isidro CP 27 Lima, Peru email: [email protected]

Antonio Benjamin Lawyers for a Green Planet Faculdade de Direito da USP CEP 01401-002 São Paulo SP Brazil

ASIA Surya P.S. Dhungel Chairman LEADERS Nepal P.O.Box 4851 Kathmandu Nepal

Lalanath de Silva Environmental Foundation Ltd. No. 3, Campbell Terrace Colombo 10 Sri Lanka

Parvez Hassan Attorney Chairman IUCN – CEL PAAF Building 7 D Kashmir Egerton Road Lahore - 54000 Pakistan email: [email protected]

Zahid Hamid Hamid Law Associates 409-410 Falah Building Shahrah-e-Quaid-e-Azam Lahore Pakistan email: [email protected]

EUROPE Prof. Dr. Michael Bothe Institut für Umweltrecht Fachbereich Rechtswissenschaft Universität Frankfurt /Main Senckenberganlage 31 60054 Frankfurt / Main Germany email: [email protected]

Dr. Lothar Gündling Attorney at law Sofienstr. 23 69115 Heidelberg Germany email: [email protected]

53

Prof. Dr. Eckard Rehbinder Institut für Umweltrecht Fachbereich Rechtswissenschaft Universität Frankfurt /Main Senckenberganlage 31 60054 Frankfurt /Main Germany

Dr. Peter Sand Agnesstr. 56a 80798 München Germany email: [email protected]

Cyril de Klemm 21 Rue de Danzig F- 75015 Paris France

Prof. Dr. Michel Prieur Centre international de Droit Comparé de l’Environnement 87031 Limoges France

Prof. Dr. Christian du Saussay 46, Bd. de Cimiez F- 06000 Nice France

Prof. Malcolm Forster Environmental Law Groups Freshfields, Whitefriars 65 Fleet Street, London, EC 4Y 1HS United Kingdom email: [email protected]

Prof. Philippe Sands FIELD 46-47 Russell Square London WC1B 4JP United Kingdom email: [email protected]

Stéphane Doumbé-Bille 6, rue Mazard 69002 Lyon France email: [email protected]

Liliana Maslarova General Suvorov Str. 90 Pavlovo-Buckstone Sofia 1618 Bulgaria email: [email protected]

Claire Shine 37, rue Erlanger 75016 Paris France

Andrea Simoncini University of Florence Faculty of Economics Legal Institute Via Montebello 7 50132 Florence Italy email: [email protected]

54

CANADA AND USA Linda Duncan Commission for Environmental Cooperation 393, rue St-Jacques Ouest, Bureau 200 Montréal (Québec) Canada H2Y 1N9 email: [email protected]

Maryse Grandbois 4020 Rue Adam Montréal (Québec) H1W 2AE Canada

Howard Mann Attorney 24 Rue Principale Bureau 200 Aylmer, Québec, Canada email: [email protected]

Ralph Osterwoldt Legal Services Department of Justice Jules Léger Building 15 Eddy Street, 13th floor Hull, Québec K1A 0M5 Canada

Prof. Dr. Günther Handl Tulane University - Law School 6329 Freret Street New Orleans, LA. 70118-5670 USA email: [email protected]

Lee Kimball 1517 P St., N.W. #3 Washington, D.C. 2005 USA email: [email protected]

Prof. Stephen McCaffrey McGeorge School of Law University of the Pacific 3200 Fifth Avenue Sacramento, CA 95817, USA email: [email protected]

Prof. Nicholas Robinson Pace University - Law School 78 North Broadway White Plains, N.Y. 10603 USA email: [email protected]

AUSTRALIEN Prof. Ben Boer University of Sydney Faculty of Law 173-175 Phillip Street Sydney, NSW 2000 Australia email: [email protected]

Ms. Donna Craig Environmental Law Research Center Macquarie University Sydney, NSW 2109 Australia email: [email protected]

55

c) International organisations providing technical assistance with environmental law Organisation UNEP Environmental Law and Institutions Programme Activity Center P.O.Box 30552 Nairobi, Kenya Internet: http://www.unep.org FAO Legal Office Development Law Service Vialle delle Terme di Caracalla 00100 Rome, Italy Internet: http://www.fao.org http://faolex.fao.org/faolex/index.html FAOLEX Legal Database World Bank 1818 H. Street N.W. Washington, D.C. 20433, USA Internet: http://www.worldbank.org

Director Donald Kaniaru

Resource persons • Dan B. Ogolla • Prof. Charles O. Okidi • Dr. Alexandre Timosheko

Lawrence C. Christy

•

IUCN Environmental Law Centre Adenauerallee 214 53113 Bonn, Germany email: [email protected] Internet: http:// www.iucn.org/themes/law/index.html.

Dr. F. BurhenneGuilmin

• •

Lawrence C. Christy Stefano Burchi Ali Mekouar

Prof. David Freestone • • •

Charles DiLeva Barbara J. Lausche Paatii OfosuAmaah

•

Dr. F. BurhenneGuilmin Patricia Moore Richard Tarasofsky Lyle Glowka

• • •

d) Environmental law information centres IUCN Environmental Law Centre Adenauerallee 214 53113 Bonn, Germany IUCN-ELC Treaty references on Internet: http://www.ciesin.org/entri/

The ELC has at its disposal an information centre on national and international environmental law. National and supranational environmental legal instruments as well as global and regional conventions are collected and entered into a computerized database. In addition to the primary sources of environmental law, the ELC information system holds environmental law literature from all over the world. Information can be ordered; a fee is charged.

56

UNEP Infoterra P.O. Box 30552 Nairobi, Kenya UNEP UN Treaties database on Internet: http://www.un.org/cgi-bin

The UNEP Infoterra information system includes an environmental law department which collects national legislation and international conventions. Infoterra collaborates with the IUCN-ELC.

UNEP Regional Office for Latin America and the Caribbean Information System on Environmental Law Boulevard de los Virreyes No. 155 Colonia Lomas de Virreyes 11000 Mexico, D.F. Mexico

The system collects environmental law information from and for the Latin American and Caribbean region.

UNEP-ROLAC Internet: http://rolac.unep.mx

Fundación Ambiente y Recursos Naturales 2142 Monroe 1428 Buenos Aires, Argentina FARN email: [email protected]

FARN's environmental law and policy information system, originally limited to Argentina, has been expanded into an regional information system for South America. FARN collaborates with UNEPROLAC as well as with IUCN-ELC.

e) Index to basic environmental law materials Selected collections of legislation and treaties are referenced below. This is not an exhaustive list, but rather a practical introduction. Some of the references cover various levels in the hierarchy of laws (national law, European law, international law), others are representative of what is available in other languages.

National Legislation/Collections of Texts To date there is no comparative collection of national environmental legislation for environmental law advisers to rely on. For national legislation, contact one of the information centres listed in Annex 2d). Some individual countries, primarily industrialized ones, have at least partial collections of current national environmental law.

57

Germany: ENVIRONMENTAL LAW Important Laws and Regulations for Environmental Protection Beck-Texte

NATURE PROTECTION LAW Federal and State Nature Protection Laws Beck-Texte

Resources for some countries and regions: USA/Federal

Federal Environment Laws, 1996 Edition (West Publ. Corp. 1996).

Latin America and the Caribbean

Legislación Ambiental Général en América Latina y el Caribe, Serie de Legislación ambiental, No. 1, hrsg. vom UNEP Oficina Regional para América Latina y el Caribe, México 1992.

France

Code de l’Environnement, (Protection de la nature/Lutte contre les nuisances) Dalloz (Petits Codes Dalloz).

International Agreements /Collection of Texts A collection of multilateral environmental protection agreements: &

INTERNATIONAL ENVIRONMENTAL LAW/MULTILATERAL TREATIES (W.E. Burhenne, editor) Looseleaf, updated annually

This collection includes the most important multilateral treaties in their official languages, and in some cases with a German translation. The lists of Parties to each agreements are updated at least once a year. Other collections of international agreements include: &

HARALD HOHMANN Basic Documents of International Environmental Law, 3 Vol., Graham & Trotman, 1992

&

PHILIPPE SANDS ET AL. Documents in International Environmental Law, Manchester University Press 1993

&

EDITH BROWN WEISS ET AL. International Environmental Law: Basic Instruments and References , Transnational Publ. 1992 58

The UNEP Regional Office for Latin America and the Caribbean has published a collection of international agreements for this region: &

DERECHO INTERNACIONAL AMBIENTAL REGIONAL, Serie de Legislación Ambiental No. 2, 1993.

The following study complements the collection: &

THE CURRENT STATE OF INTERNATIONAL ENVIRONMENTAL LAW IN LATIN AMERICA AND THE CARIBBEAN, Document Series on Environmental, Law No. 2, 1993.

So-called “soft-law“ is collected in: &

WOLFGANG BURHENNE / MARLENE JAHNKE International Environmental Soft Law / Collection of Relevant Instruments Kluwer / Nijhof Publ. 1993

Documents on the European Union’s environmental policy The European Union's environmental legal instruments are usually interesting resources. Useful collections are: &

STORM / LOHSE EG-Umweltrecht, Looseleaf, 2 Vol., Erich Schmidt Verlag, (several updates

per year). An English-language edition (1991): &

EUROPEAN COMMUNITY ENVIRONMENTAL LEGISLATION Ed. by the Commission of the EC, 7 Vols.

Comprehensive reviews of international environmental law Out of the almost unmanageable volume of literature on environmental law worldwide, the following treatises are recommended for the environmental law adviser: &

BIRNIE / BOYLE International Law and the Environment, Clarendon Press 1992

&

KAMTO Le droit de l’environnement en Afrique, Edicef / AUPELF, Coll. Universités francophones, 1996.

&

KISS / SHELTON International Environmental Law, Graham & Trotman 1991

59

& &

KISS L´écologie et la loi - Le statut juridique de l’environnement, Edition Harmattan 1989 KRÄMER Focus on European Environmental Law, Sweet and Maxwell 1992

Comprehensive reviews of national environmental law/Selection from various legal systems and languages &

ALVAREZ BAQUERIZO Derecho Ambiental: Manual Prático. Penthalon, Madrid 1990.

&

BALL/BELL Environmental Law: The Law and Policy relating to the Protection of the Environment. 3rd ed., Blackstone, London, 1995.

&

BONINE/MCGARITY The Law of Environment Protection, 2d ed., West Publ. 1992.

&

CAMPBELL/FUTRELL/BREEN (Ed.) Sustainable Environmental Law, West Publ. 1993.

&

LEELAKRISHNAN Law and Environment, Eastern Book Company, India, 1992.

&

LEESON Environmental Law, Pitman Publ., 1995 (UK)

&

LEMME MACHADO Direito ambiental brasileiro, 4. ed., Malheiros Ed. 1992.

&

MATEO Tratado de derecho ambiental, Ed. Trivium, Madrid, 1991.

&

MCLOUGHLIN/BELLINGER Environment Pollution Control. An Introduction to Principles and Practice of Administration, Graham & Trotman, 1993.

&

NEURAY Principes de droit de l’environnement: Droit international - droit européen – droit interne. Story-Scientia (u.a.), Bruxelles, 1995.

&

PRIEUR Droit de l’environnement. 3. éd., Dalloz, Paris, 1996.

&

ROSENCRANZ ET AL. Environmental Law and Policy in India, Tripathi Private, Bombay, India, 1991

&

WINTER (Hrsg.) 60

German Environmental Law: Basic Texts and Introduction. Nijhoff, Dordrecht, 1994. &

WOLF/WHITE Environmental Law, Cavendish Publ., 1995 (UK)

Journals and Periodicals There is are abundant journals dealing with environmental law, published primarily in the USA and Western Europe. Most are heavily oriented toward the national law of the country in which they are published and neglect international law and comparative law which are so important for those providing advisory services. Nevertheless, the following are helpful: &

ENVIRONMENTAL POLICY AND LAW bimonthly, IOS Press, Amsterdam

This journal publishes articles on current developments in international law, primarily documentation on the activities of international organizations and conferences. &

YEARBOOK OF INTERNATIONAL ENVIRONMENTAL LAW published since 1990; 1990-1992 by Graham & Trotman, since 1993 by

Oxford University Press The Yearbook reports on developments during the year in all fields of international environmental law, including the activities of international organizations.

Newsletters &

UNEP Biannual Bulletin of Environmental Law (available on request)

&

IUCN Environmental Law Programme Newsletter published every four months (available on request)

&

INTERNATIONAL ENVIRONMENTAL LAW NEWS A Newsletter of the American Society of International Law Interest Group in International Environmental Law, no fixed publication schedule, in principle only for members of the Interest Group

Miscellaneous "One of a kind" and therefore worth recommending: &

CAPONERA Principles of Water Law and Administration, Balkema Publ. 1992. 61

&

DE KLEMM Biological Diversity Conservation and the Law / Legal Mechanisms for Conserving Species and Ecosystems, IUCN 1993

&

DE KLEMM Guidelines for Legislation to Implement CITES, IUCN 1993

&

ENVIRONMENT PROTECTION IN ISLAM, Second Edition, IUCN 1994.

&

GLOWKA ET AL. A Guide to the Convention on Biological Diversity, IUCN 1994, also in Spanish (1996) and French (1996).

62

f) Other Literature Der Rat von Sachverständigen für Umweltfragen, Umweltgutachten 1994. Für eine dauerhaft-umweltgerechte Entwicklung, Metzler-Poeschel, 1994. Der Rat von Sachverständigen für Umweltfragen, Umweltgutachten 1996. Zur Umsetzung einer dauerhaft-umweltgerechten Entwicklung. Metzler-Poeschel, 1996. Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) - Pilotvorhaben Institutionenentwicklung im Umweltbereich (PVI): Indikatoren der Institutionenentwicklung im Umweltbereich - Anregungen und Beispiele für Projektplanung und management, 1996. Gassner, E.: Treuhandklage zugunsten von Natur und Umwelt, Erich Schmidt Verlag 1984. Glowka, L.: A Guide to the Convention on Biological Diversity, IUCN Environmental Law Centre, IUCN Biodiversity Programme, 1994 (Environmental Policy and Law Paper No. 30). Glowka, L.: Determining Access to Genetic Resources and Ensuring Benefitsharing: Legal and Institutional Considerations for States Providing Genetic Resources. Paper presented to the Global Biodiversity Forum, Jakarta, 4 November 1995. Gündling, L.: Compliance Assistance in International Environmental Law: CapacityBuilding through Financial and Technology Transfer, ZaöRV 56 (1996), S. 796. Henkel, M.: Umweltrecht, Allgemeiner Teil, Umweltberatung für Kommunen, Deutsches Institut für Urbanistik, Berlin,1992. Hucke, J. / Wollmann, H.:, Vollzug des Umweltrechts, Handwörterbuch des Umweltrechts, Band 2, 2. Aufl., Erich Schmidt Verlag 1994, Sp. 2694 ff. Internationales Jahrbuch für Rechtsanthropologie. Bd. 4 - 1989, Renner Verlag, 1989. IUCN-UNEP-WWF: World Conservation Strategy. Living Resource Conservation for Sustainable Development, 1980. Lübbe-Wolff, G.: Modernisierung des Umweltordnungsrechts: Vollziehbarkeit - Deregulierung - Effizienz, Bonn, 1996. Mayntz, R. u.a.: Vollzugsprobleme der Umweltpolitik, 1978. Pitschas, R.: Einführung: Soziale Sicherung und Umweltmanagement im Süden als Aufgaben der Institutionenentwicklung. In: Pitschas (Hg.), Entwicklungsrecht und sozial-ökologische Verwaltungspartnerschaft, Schriftenreihe der Hochschule Speyer, Band 116, 1994, S. 19 ff. 63

Prieur, M.: Droit de d’Environnement, Précis Dalloz, 3e édition, 1996. Prittwitz, V. von, Politikanalyse, Leske und Budrich, Opladen, 1994. Robinson, N. (Ed.), Agenda 21. Earth´s Action Plan, Oceana 1993. Storm, P.-C., Umweltrecht, in: Handwörterbuch des Umweltrechts, Band 2, 2. Auflage, Erich Schmidt Verlag 1994, Sp. 2331 ff. The Results from Stockholm / Les Résultats de Stockholm / Stockholmer Resultate, Erich Schmidt Verlag 1973. The World Charter For Nature. A Background Paper by Wolfgang Burhenne and Will A. Irwin, Erich Schmidt Verlag 1983. The World Commission on Environment and Development: Our Common Future, Oxford University Press, 1987. UNEP Environmental Law and Institutions Unit, New Directions in Environmental Legislation and Administration Particularly in Developing Countries, Nairobi 1989. UNEP, Environmental Law in UNEP, Nairobi 1991. UNEP, Legal and Institutional Arrangements for Environmental Protection and Sustainable Development in Developing Countries, Nairobi 1991. UNEP/Regional Office for Latin America and the Caribbean, Legislación Ambiental General en América Latina y el Caribe, Serie de Legislación ambiental No. 1, México, 1992. Waskow, S. Mitwirkung von Naturschutzverbänden in Verwaltungsverfahren, Erich Schmidt Verlag 1990. Welt im Wandel: Wege zur Lösung globaler Umweltprobleme. Jahresgutachten 1995, Springer Verlag 1996.

64

Publications on the Work of Division 44

Publications No.

Titel

Order No.

402/94 - 3 d PVI

Ökonomische Instrumente der Umweltpolitik als Beratungsfeld P3-003-d im Rahmen der TZ - Systematische Kurzdarstellung der in der Bundesrepublik Deutschland angewandten Instrumente und relevanter Institutionen

402/94 - 4 d PVI

Der Runde Tisch als Programm? Möglichkeiten und Grenzen P3-004-d der Institutionenförderung im Spannungsfeld von Umwelt und Entwicklung

402/94 - 4 e PVI

The round table as a Programme? Institutional Development P3-004-e caught between the Environment and Development - Options and Limitations

402/94 - 5 e PVI

Pollution Prevention Through Market-Based Incentives Two Case Studies on Thailand

P3-005-e

402/94 - 6 e PVI

The Use of Economic Instruments in the Environmental Policy of Chile

P3-006-e

402/94 - 7 e PVI

The Role of Land Tenure and Property Rights in Sustainable P3-007-e Resource Use: The Case of Benin

402/94 - 9 d PVI

Information, Bildung und Kommunikation im Umweltbereich

402/95 - 12 d PVI

Marktwirtschaftliche Instrumente der Umweltpolitik in Entwick- P3-012-d lungsländern - Beiträge zur Institutionenentwicklung und Politikberatung im Umweltbereich

402/95 - 12 e PVI

Market-Based Instruments in Environmental Policy in Develo- P3-012-e ping Countries - Framework for Policy Planning and Institutional Development in the Environment

402/95 - 12 f PVI

Instruments économiques applicables aux politiques de P3-012-f l’environnement dans les pays en développement - Contributions au développement institutionnel et à l’assistance technique en matière de politique de l’environnement

402/95 - 12 s PVI

Instrumentos económicos y política ambiental en los paises P3-012-s en desarrollo - Desarrollo institucional y asesoramiento politico en materia de protección ambiental

402/95 - 13 d RMSH

Die Rolle von Anreizen bei der Anwendung von RMSH als Vor- P3-013-d gehensweise. Eine Handreichung für Projektbearbeiter/innen, Consultants und Projektmitarbeiter/innen

402/95 - 13 e RMSH

Incentives and the NARMS Approach - A hand-out for project P3-013-e desk officers, consultants and onside project staff

402/95 - 13 f RMSH

Le rôle des mesures d'incitation dans l'application de la straté- P3-013-f gie GERNAP - Outil de travail à l’intention des chargés de projets, des consultants et des collaborateurs de projet

P3-009-d

402/95 - 13 s RMSH

El papel de los incentivos en la aplicación del enfoque AMREN P3-013-s - Folleto de información para encargados de proyectos, consultores y colaboradores de proyectos

402/95 - 14 d PVI

Umweltinformation und ihr Management

P3-014-d

402/95 - 14 e PVI

Environmental information and its management

P3-014-e

402/95 - 15 d Biodiv

Biologische Vielfalt erhalten! Eine Aufgabe der Entwicklungs- P3-015-d zusammenarbeit

402/95 - 16 d

Lösungsansätze für den technischen Umweltschutz in kleinen P3-016-d und mittleren Unternehmen in Entwicklungsländern

402/96 - 16 e

Approaches to cleaner production in small and medium -sized P3-016-e enterprises

402/95 - 17 d PVI

Mediation / Konfliktmanagement im Umweltbereich und seine P3-017-d Bedeutung im Rahmen der TZ Dokumentation eines Fachgesprächs in der GTZ

402/96 - 19 d PVI

Konfliktmanagement im Umweltbereich Instrument der Umweltpolitik in Entwicklungsländern

P3-019-d

402/96 - 19 e PVI

Environmental Conflict Management An environmental policy instrument in developing countries

P3-019-e

402/96 - 19 f PVI

La gestion des conflits dans le domaine de l'environnement - P3-019-f Instrument de la politique de l'environnement dans les pays en développement

402/96 - 19 s PVI

Manejo de conflictos en el área de medio ambiente - Instru- P3-019-s mento de política ambiental en los países en desarrollo

402/96 - 20 e

Environmental Protection in Small and Medium Enterprises in P3-020-e Developing Countries - Proceedings of the GTZ-workshop

402/96 - 21 d PVI

Methodenkompaß - Eine praktische Orientierungshilfe für Pla- P3-021-d nungs - und Managementaufgaben im Umweltbereich

402/96 - 22 d RMSH

Prozeßmonitoring - Eine Arbeitshilfe für Projektmitarbeiter/- P3-022-d innen

402/96 - 22 e RMSH

Process Monitoring (ProM) - Work Document for project staff

402/96 - 22 f RMSH

Suivi des processus - Un outil de travail pour des collabora- P3-022-f teurs de projet

402/96 - 22 s RMSH

Seguimiento de procesos - Una auyuda para personal de proyectos

402/96 - 23 d PVI

Indikatoren der Institutionenentwicklung im Umweltbereich - P3-023-d Anregungen und Beispiele für Projektplanung und management

402/97 - 24 d PVI

Umweltrechtsberatung und Institutionenentwicklung im Um- P3-024-d weltbereich - Schwerpunkte, Methoden, Beratungsressourcen

P3-022-e

P3-022-s

402/97 - 25 d UVP

Umweltdatenbanken für die Entwicklungszusammenarbeit Handbuch für Recherchen mit Katalog von Datenbanken

402/97 - 26 d RMSH

Förderung von Beteiligung und Selbsthilfe im Ressourcenm a- P3-026-d nagement. Ein Leitfaden für Projektmitarbeiterinnen und Projektmitarbeiter

402/97 - 26 e RMSH

Promoting Participation and Self-help in Natural Resource P3-026-e Management. Guidelines for project staff . Encouragement de la participation et de l'autopromotion dans P3-026-f la gestion des ressources naturelles. Un guide concu à l'inte ntion des collaboratrices et collaborateurs de projets.

402/97 - 26 f RMSH

P3-025-d

402/97 - 26 s RMSH

Fomento de la participación y la autoayuda en el manejo de P3-026-s recursos naturales. Una guía para los colaboradors y colaboradoras en los proyectos.

402/97 - 27 d RMSH

Ressourcenmanagement über Selbsthilfeansätze (RMSH). Lernerfahrungen und Lernpartner/innen im Überblick.

P3-027-d

402/96 - PVI

Umweltprojekte durch Kommunikation verbessern

P3-901-d

402/96 - PVI

Erfahrungen und Ansätze der TZ bei der Unterstützung von Umweltaktionsplänen - Dokumentation eines Erfahrungs austausches in der GTZ

P3-902-d

402/96 - RMSH

Prozeßbegleitende Beratung - Eine Arbeitshilfe für Berater/innen im Ressourcenmanagement

P3-903-d

402/96 - RMSH

In-Process Consultancy - A Work Document for Consultants to Natural Resource Management Projects

P3-903-e

402/96 - RMSH

La Consultation interne - Un outil de travail pour les consultants P3-903-f et consultantes en gestion des ressources n aturelles

402/96 - RMSH

Acompanamiento de procesos - Una ayuda para asesoras y asesores en el manejo de recursos naturales

402/96 - RMSH

Towards decentralised Natural Resource Management P3-904-e (VARENA) - Case study: The village of Balingnar in Burkina Faso

402/96 - RMSH

Vers une Gestion Décentralisée des Ressources Naturelles (VARENA) - Cas du village de Balingnar au Burkina Faso

P3-904-f

402/96 - PVI

Umweltkommunikation in der TZ Dokumentation eines Fachgespräches in der GTZ

P3-905-d

402/96 - PVI

Bibliographie Umweltkommunikation

P3-906-d

402/97 - RMSH

Hinweise auf Schlüsseldokumente für die Anwendung von Beteiligungs - und Selbsthilfeansätzen im Ressourcenmanagement Eine Handreichung für Mitarbeiter/innen in der Projektplanungund durchführung.

P3-908-d

P3-903-s

402/97 - RMSH

Lernbilanz zu Prozessmonitoring. Ein Arbeitspapier zu den Lernerfahrungen mit der Arbeitshilfe Prozessmonitoring.

P3-909-d

402/97 - PVI

Bibliographie Konfliktmanagement im Umweltbereich P3-910-d Kommentare und Nutzerhinweise z ausgewählten Dokumenten

Sonstige PVI-Literatur bern/Autoren)

(z.T.

in

Zusammenarbeit

mit

anderen

Herausge-

(Bestellung direkt über: GTZ-PVI, Frau Goldstein, Wachsbleiche 1, 53111 Bonn, Tel.: 0228-985330) 402/97 - PVI

Lessons learned in Environmental Mediation Practical Experiences in North and South

402/98 - PVI

Environmental Communication Handbook for the Mediterranean Region

402/98 - PVI

Manuel de Communication Environnementale pour la région méditerranéenne

402/98 - PVI

Communicating for Development

P3U Arbeitspapiere (Bestellung direkt über: GTZ-P3U, Frau Jansen, Wachsbleiche 1, 53111 Bonn, Tel.: 0228-604710) 1d

Umweltkostenmanagement (Zusammenfassung auch in spanischer und portugiesischer Sprache erhältlich)

1e

Environmental Cost Management

1f

La gestion des coûts environnementaux Gestão dos custos ambientais; Resumo (Portug. Zusammenfassung AP Nr. 1)

2

Schlüsseldokumente zum Thema „Umweltorientierte Unternehmensführung“

3

Auswertung von Geberprogrammen zu umweltorientierter Unternehmensführung. Umfrage bei GTZ-Projekten zu Kooperationsmöglichkeiten im Bereich Umweltmanagement

4

Leitfäden zum Umweltmanagement Überprüfung ihrer Anwendbarkeit auf kleine und mittlere Unternehmen in Entwicklungsländern. (Zusammenfassung auch in engl.) Assessment of Manuals on Environmental Management, Summary of a Study (Engl. Zusammenfassung AP Nr. 4)

5d

ISO 9000, ISO 14001, EMAS: Inhalte, Vor- und Nachteile, mögliche Synergien

5f

ISO 9000, ISO 14001, les EMAS: Les avantages et les inconvénients, des synergies éventuelles

6

Kooperationsmöglichkeiten u. Unterstützungsbedarf in Fragen der umweltorientierten Unte rnehmensführung. Ergebnisse der Umfrage bei GTZ-Ansprechpartnerinnen u. -partnern mit fachlichem Schwerpunkt in den Abteilungen 402, 414 und 415

7

Inter-Firm Cooperation in Environmental Management: Experience from Santa Catarina/Brazil

8

Qualitäts- und Umweltmanagement in KMU in Entwicklungsländern. Workshop-Bericht

9e

Good-Housekeeping-Guide for Small-&Medium-Sized Enterprises

10e

Case Study Environmental Cost Management at Cairns Food Ltd.Harare

Weitere P3U-Produkte Projektdarstellung, (auch in, e, f, span. u. port. Sprache) Angebote ausgewählter deutscher Handwerksinstitutionen im Bereich umweltorientierter Unternehmensführung Umweltmanagementsysteme und ihre Anwendbarkeit auf Klein- und Mittelunternehmen - Zusammenfassung einer Umfrage bei deutschen Handwerksinstitutionen (auch in engl., franz., span. und portug. Sprache) Workshop-Dokumentation: Vernetzung ökologischer und sozialer Zeicheninitiativen für Produkte aus Entwicklungsländern P3U-Update d,e,f

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