1. This course was developed in cooperation with the IUCN Academy of Environmental Law SYNERGIES AND LINKAGES IN COMPLIANCE AND ENFORCEMENT

2. This course was developed in cooperation with the IUCN Academy of Environmental Law Effectiveness of MEAs 2

3. This course was developed in cooperation with the IUCN Academy of Environmental Law How Effective is Internatinoal Environmental Law?  Why do States comply with MEAs?  Is there a compliance gap?  If so, how do we fill the gap?  There are multiple approaches to compliance and enforcement 3

4. This course was developed in cooperation with the IUCN Academy of Environmental Law Too Many Treaties? 4

5. This course was developed in cooperation with the IUCN Academy of Environmental Law States’ Inability to Comply with Numerous Treaties  It is estimated that there are more than 900 MEAs  Most States are party to many MEAs –Generally, developing countries are parties to more than 15 MEAs  States often lack human, financial, and technical resources to comply with and implement all these agreements 5

6. This course was developed in cooperation with the IUCN Academy of Environmental Law Overlap of MEA Subject Matter 6

7. This course was developed in cooperation with the IUCN Academy of Environmental Law Overlap: Treaty Secretariats & Institutions Responsible for MEAs  Numerous MEAs lead to challenges for institutional coordination: –Various institutions have responsibility for implementing different but related MEAs; e.g. CBD (UNEP), World Heritage Convention (UNESCO), Ramsar (IUCN)  How to coordinate and cooperate among these institutions? Where should the leadership come from?  This need is underscored by increasing calls to simultaneously address environmental and development concerns in a sustainable fashion  Thus: there is a need to improve synergies among MEAs 7

8. This course was developed in cooperation with the IUCN Academy of Environmental Law Ways to Coordinate and Create Synergies (1)  Synergies promoted by UNEP  National Capacity Self-Assessment –UNFCC, CBD, UNCDD (and other MEAs as deemed necessary and appropriate by the country)  Ways for Secretariats to coordinate: –Formal and informal frameworks for information exchange –Developing joint projects and work plans –Developing common reporting formats –Developing regional centres for capacity building  e.g. Secretariat of the Pacific Regional Environment Programme (SPREP) 8

9. This course was developed in cooperation with the IUCN Academy of Environmental Law Ways to Coordinate (2)  Developing national legislation that implements a cluster of thematic MEAs thematically –Example 1 (Biodiversity): CBD, CITES, Ramsar, CMS, and WHC –Example 2 (Toxics): Basel, POPs, and PIC  Developing national legislation that implements a cluster of MEAs in a specific context –Example: integrating and clustering MEAs for forest management  Developing national legislation that applies relevant MEA provisions to a specific context –Example: liability legislation for liability in all MEAs  National technical committees to identify synergies, inter-linkages, ways to cluster MEAs  Clustering of MEAS for public awareness activities  Co-location of MEA Secretariats (or even a Joint Secretariat?) 9

10. This course was developed in cooperation with the IUCN Academy of Environmental Law Possibilities for International Cooperation (1)  Conferences of the Parties mandating Secretariats to co- operate –Example 1: Climate and Ozone –Example 2: Biodiversity Liaison Group (CBD, CITES, CMS, Ramsar, and WHC)  MEAs mandating (in text) secretariats to cooperate –e.g. POPS mandating cooperation with Basel  Avoiding overlap when negotiating MEAs  Coordinating capacity building and technology transfer initiatives 10

11. This course was developed in cooperation with the IUCN Academy of Environmental Law Possibilities for International Cooperation (2)  Coordinating capacity building and technology transfer initiatives  Clustering on basis of issues, region, scale, function, etc. –Sustainable development –Biodiversity –Chemicals and hazardous waste –Regional seas 11

12. This course was developed in cooperation with the IUCN Academy of Environmental Law Possibilities for International Cooperation (3)  Within thematic clusters, can adopt measures to: –Harmonise definitions of common terms –Harmonise reporting formats and schedules –Harmonise approaches for engaging civil society in development and implementation of MEAs –Develop a single financing mechanism for similar activities  Consider the experience of the Global Environment Facility (GEF) –Involve secretariats of MEAs in COPs of related MEAs and enhance their communication –Back-to-back COPs to improve coordination –Enhance cooperation between subsidiary and technical bodies –Identify cross-cutting themes to improve implementation 12

13. This course was developed in cooperation with the IUCN Academy of Environmental Law Possibilities for National Cooperation  National technical committees to identify synergies, inter- linkages, and ways to implement MEAs simultaneously  Integrate: – Collection, analysis, and dissemination of scientific information and other data –Public education and dissemination of information –Legislative, regulatory, policy, and institutional measures to implement MEAs –Capacity building efforts 13

14. This course was developed in cooperation with the IUCN Academy of Environmental Law Cooperation between Global and Regional MEAs  Regional agreements supplement MEAs and promote their application at regional and sub-regional level  Thus: need for global and regional treaty institutions to communicate and cooperate  Cooperation may be done formally through MOUs … or through less formal means 14

15. This course was developed in cooperation with the IUCN Academy of Environmental Law Synergies with Soft Law 15

16. This course was developed in cooperation with the IUCN Academy of Environmental Law Soft Law in Treaty Interpretation  To what extent can soft law principles be used in the interpretation of treaties when settling disputes?  Gabcíkovo-Nagymaros Case: –newly developing norms of international environmental law are relevant for the implementation of treaties –Justice Weeramantry: significant role of sustainable development in the resolution of environmentally related disputes 16

17. This course was developed in cooperation with the IUCN Academy of Environmental Law Financial Mechanisms to Support MEA Implementation 17

18. This course was developed in cooperation with the IUCN Academy of Environmental Law Financial Mechanisms  Mechanisms implemented by States, international organizations, or NGOs providing for disbursement or withholding of financial means in order to prevent or redress environmental damage  Types: –Incentive mechanisms: financial means to encourage environmental objectives (e.g. GEF, debt-for-environment swap, etc.) –Disincentive mechanisms (e.g. taxes and liability) –Reparation mechanisms: assistance after environmental harm has occurred (e.g. for oil spills) 18

19. This course was developed in cooperation with the IUCN Academy of Environmental Law Incentive Mechanisms 19

20. This course was developed in cooperation with the IUCN Academy of Environmental Law The GEF  The Global Environment Facility (GEF) - established in 1991  Assists developing countries by funding environmental projects and programs  Thematic areas of focus: –Biodiversity –climate change –international waters –land degradation –the ozone layer –persistent organic pollutants  GEF funds are contributed (“replenished”) periodically by donor countries  Managed by UNEP, UNDP, and World Bank 20

21. This course was developed in cooperation with the IUCN Academy of Environmental Law Compliance Assistance  Financial Mechanisms are built into different MEAs to promote compliance: –The Montreal Multilateral Fund –FCCC financial assistance –CBD financial assistance  Regional Financial Mechanisms: –Central African Fund for the Conservation of Wild Fauna  finance operations which support the struggle against poaching & for conservation of wild fauna 21

22. This course was developed in cooperation with the IUCN Academy of Environmental Law Debt-for-Nature Swaps  A mechanism for enhancing conservation efforts in developing countries  Involves purchasing foreign debt, converting debt into local currency, and using proceeds to fund conservation activities  Key to transaction: willingness of commercial banks (or governments) to sell debt at less than the full value of original loan  First conceived in 1984 (by Thomas Lovejoy), and used frequently since the 1990s –NGO-Government (e.g. Bolivia and Conservation International (CI)) –Bilateral (government-government) 22

23. This course was developed in cooperation with the IUCN Academy of Environmental Law Effectiveness of International Environmental Law and Environmental Governance 23

24. This course was developed in cooperation with the IUCN Academy of Environmental Law What Options for the Future?  Environmental Protection Council  Global Environmental Organization  World Environmental Organisation  Trusteeship of the Global Commons  International Environmental Court 24