Prepared by: Michael S. Rolland, JD, LLM, Adjunct Professor, Department of Legal Studies, Kaplan University A Term, January 20, 2011

Unit 3: Public Policy and the Environment EC Environmental Foundations and Principals 1101B Term

NIMBY Syndrome What is it? How does it relate to the Tradegy of the Commons? How has it lead to the following international agreements and treaties:

Eleven Treaties/Agreements: Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal United Nations Convention to Combat Desertification Protocol on Environmental Protection to the Antarctic Treaty Convention on the International Trade in Endangered Species of Wild Flora and Fauna Convention on Long-Range Transboundary Air Pollution Convention on Biological Diversity Convention on the Conservation of Migratory Species of Wild Animals Montreal Protocol on Substances That Deplete the Ozone Layer Convention on Fishing and Conservation of Living Resources of the High Seas International Treaty on Plant Genetic Resources for Food and Agriculture International Tropical Timber Agreement

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Basel, 1989

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is the most comprehensive global environmental agreement on hazardous and other wastes. The Convention has 175 Parties and aims to protect human health and the environment against the adverse effects resulting from the generation, management, transboundary movements and disposal of hazardous and other wastes. The Basel Convention came into force in 1992.

United Nations Convention to Combat Desertification

Desertification is the degradation of land in arid, semi-arid and dry sub-humid areas. It is caused primarily by human activities and climatic variations. Desertification does not refer to the expansion of existing deserts. It occurs because dryland ecosystems, which cover over one third of the world‘s land area, are extremely vulnerable to over-exploitation and inappropriate land use. Poverty, political instability, deforestation, overgrazing and bad irrigation practices can all undermine the productivity of the land. The international community has long recognized that desertification is a major economic, social and environmental problem of concern to many countries in all regions of the world. In 1977, the United Nations Conference on Desertification (UNCOD) adopted a Plan of Action to Combat Desertification (PACD). Unfortunately, despite this and other efforts, the United Nations Environment Programme (UNEP) concluded in 1991 that the problem of land degradation in arid, semi-arid and dry sub-humid areas had intensified, although there were ”local examples of success ”. As a result, the question of how to tackle desertification was still a major concern for the United Nations Conference on Environment and Development (UNCED), which was held in Rio de Janeiro in The Conference supported a new, integrated approach to the problem, emphasizing action to promote sustainable development at the community level. It also called on the United Nations General Assembly to establish an Intergovernmental Negotiating Committee (INCD) to prepare, by June 1994, a Convention to Combat Desertification, particularly in Africa. In December 1992, the General Assembly agreed and adopted resolution 47/188.

Protocol on Environmental Protection to the Antarctic Treaty

Preamble The States Parties to this Protocol to the Antarctic Treaty, hereinafter referred to as the Parties, Convinced of the need to enhance the protection of the Antarctic environment and dependent and associated ecosystems; Convinced of the need to strengthen the Antarctic Treaty system so as to ensure that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord; Bearing in mind the special legal and political status of Antarctica and the special responsibility of the Antarctic Treaty Consultative Parties to ensure that all activities in Antarctica are consistent with the purposes and principals of the Antarctic Treaty; Recalling the designation of Antarctica as a Special Conservation Area and other measures adopted under the Antarctic Treaty system to protect the Antarctic environment and dependent and associated ecosystems; Acknowledging further the unique opportunities Antarctica offers for scientific monitoring of and research on processes of global as well as regional importance; Reaffirming the conservation principles of the Convention on the Conservation of Antarctic Marine Living Resources; Convinced that the development of a Comprehensive regime for the protection of the Antarctic environment and dependent and associated ecosystems is in the interest of mankind as a whole; Desiring to supplement the Antarctic Treaty to this end; Have agreed as follows:

Convention on the International Trade in Endangered Species of Wild Flora and Fauna, (CITES);

How CITES Works CITES works by subjecting international trade in specimens of selected species to certain controls. All import, export, re-export and introduction from the sea of species covered by the Convention has to be authorized through a licensing system. Each Party to the Convention must designate one or more Management Authorities in charge of administering that licensing system and one or more Scientific Authorities to advise them on the effects of trade on the status of the species.

CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. Widespread information nowadays about the endangered status of many prominent species, such as the tiger and elephants, might make the need for such a convention seem obvious. But at the time when the ideas for CITES were first formed, in the 1960s, international discussion of the regulation of wildlife trade for conservation purposes was something relatively new. With hindsight, the need for CITES is clear. Annually, international wildlife trade is estimated to be worth billions of dollars and to include hundreds of millions of plant and animal specimens. The trade is diverse, ranging from live animals and plants to a vast array of wildlife products derived from them, including food products, exotic leather goods, wooden musical instruments, timber, tourist curios and medicines. Levels of exploitation of some animal and plant species are high and the trade in them, together with other factors, such as habitat loss, is capable of heavily depleting their populations and even bringing some species close to extinction. Many wildlife species in trade are not endangered, but the existence of an agreement to ensure the sustainability of the trade is important in order to safeguard these resources for the future. Because the trade in wild animals and plants crosses borders between countries, the effort to regulate it requires international cooperation to safeguard certain species from over-exploitation.

CITES was conceived in the spirit of such cooperation. Today, it accords varying degrees of protection to more than 30,000 species of animals and plants, whether they are traded as live specimens, fur coats or dried herbs. CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of IUCN (The World Conservation Union). The text of the Convention was finally agreed at a meeting of representatives of 80 countries in Washington DC., on 3 March 1973, and on 1 July 1975 CITES entered in force. CITES is an international agreement to which States (countries) adhere voluntarily. Although CITES is legally binding on the Parties – in other words they have to implement the Convention – it does not take the place of national laws. Rather it provides a framework to be respected by each Party, which has to adopt its own domestic legislation to ensure that CITES is implemented at the national level. For many years CITES has been among the conservation agreements with the largest membership, with now 175 Parties.text of the Convention175 Parties

Convention on Long-Range Transboundary Air Pollution

Since 1979 the Convention on Long-range Transboundary Air Pollution has addressed some of the major environmental problems of the UNECE region through scientific collaboration and policy negotiation. The Convention has been extended by eight protocols that identify specific measures to be taken by Parties to cut their emissions of air pollutants. The Convention, which now has 51 Parties identifies the Executive Secretary of UNECE as its secretariat.Convention on Long-range Transboundary Air Pollutioneight protocols51 Partiessecretariat The aim of the Convention is that Parties shall endeavour to limit and, as far as possible, gradually reduce and prevent air pollution including long-range transboundary air pollution. Parties develop policies and strategies to combat the discharge of air pollutants through exchanges of information, consultation, research and monitoring. The Parties meet annually at sessions of the Executive Body to review ongoing work and plan future activities including a workplan for the coming year. The three main subsidiary bodies - the Working Group on Effects, the Steering Body to EMEP and the Working Group on Strategies and Review - as well as the Convention's Implementation Committee, report to the Executive Body each year.Executive BodyworkplanWorking Group on EffectsSteering Body to EMEPWorking Group on Strategies and Review Currently, the Convention's priority activities include review and possible revision of its most recent protocols, implementation of the Convention and its protocols across the entire UNECE region (with special focus on Eastern Europe, the Caucasus and Central Asia and South-East Europe) and sharing its knowledge and information with other regions of the world.

Convention on Biological Diversity

Fast Facts The Convention on Biological Diversity (CBD) was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993 To date, there are 193 Parties Components of biodiversity are all the various forms of life on Earth including ecosystems, animals, plants, fungi, microorganisms, and genetic diversity With its three objectives, the CBD is often seen as the key international instrument for sustainable development Ecosystems, species and genetic resources should be used for the benefit of humans, but in a way that does not lead to the decline of biodiversity Substantial investments are required to conserve biodiversity, but it will bring significant environmental, economic and social benefits in return The Ecosystem Approach, an integrated strategy for the management of resources, is the framework for action under the Convention The precautionary principle states that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.

Convention on the Conservation of Migratory Species of Wild Animals

The Convention on the Conservation of Migratory Species of Wild Animals (also known as CMS or Bonn Convention) aims to conserve terrestrial, marine and avian migratory species throughout their range. It is an intergovernmental treaty, concluded under the aegis of the United Nations Environment Programme, concerned with the conservation of wildlife and habitats on a global scale. Since the Convention's entry into force, its membership has grown steadily to include 114 (as of 1 October 2010) Parties from Africa, Central and South America, Asia, Europe and Oceania.intergovernmental treaty

Montreal Protocol on Substances That Deplete the Ozone Layer

Preamble Mindful of their obligation under that Convention to take appropriate measures to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer, Recognizing that world-wide emissions of certain substances can significantly deplete and otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment, Conscious of the potential climatic effects of emissions of these substances, Aware that measures taken to protect the ozone layer from depletion should be based on relevant scientific knowledge, taking into account technical and economic considerations, Determined to protect the ozone layer by taking precautionary measures to control equitably total global emissions of substances that deplete it, with the ultimate objective of their elimination on the basis of developments in scientific knowledge, taking into account technical and economic considerations and bearing in mind the developmental needs of developing countries, Acknowledging that special provision is required to meet the needs of developing countries, including the provision of additional financial resources and access to relevant technologies, bearing in mind that the magnitude of funds necessary is predictable, and the funds can be expected to make a substantial difference in the world’s ability to address the scientifically established problem of ozone depletion and its harmful effects, Noting the precautionary measures for controlling emissions of certain chlorofluorocarbons that have already been taken at national and regional levels, Considering the importance of promoting international co-operation in the research, development and transfer of alternative technologies relating to the control and reduction of emissions of substances that deplete the ozone layer, bearing in mind in particular the needs of developing countries, HAVE AGREED AS FOLLOWS:

Convention on Fishing and Conservation of Living Resources of the High Seas

The Convention on Fishing and Conservation of Living Resources of the High Seas is an agreement that was designed to solve through international cooperation the problems involved in the conservation of living resources of the high seas, considering that because of the development of modern technology some of these resources are in danger of being overexploited.overexploited opened for signature - 29 April 1958 entered into force - 20 March 1966 parties - (38) Australia, Belgium, Bosnia and Herzegovina, Burkina Faso, Cambodia, Colombia, Denmark, Dominican Republic, Fiji, Finland, France, Haiti, Indonesia, Jamaica, Kenya, Lesotho, Madagascar, Malawi, Malaysia, Mauritius, Mexico, Netherlands, Nigeria, Portugal, Senegal, Serbia, Sierra Leone, Solomon Islands, South Africa, Spain, Switzerland, Thailand, Tonga, Trinidad and Tobago, Uganda, United Kingdom, United States, VenezuelaAustraliaBelgiumBosnia and HerzegovinaBurkina Faso CambodiaColombiaDenmarkDominican RepublicFijiFinlandFrance HaitiIndonesiaJamaicaKenyaLesothoMadagascarMalawiMalaysia MauritiusMexicoNetherlandsNigeriaPortugalSenegalSerbiaSierra LeoneSolomon IslandsSouth AfricaSpainSwitzerlandThailandTonga Trinidad and TobagoUgandaUnited KingdomUnited StatesVenezuela countries that have signed, but not yet ratified - (20) Afghanistan, Argentina, Bolivia, Canada, Costa Rica, Cuba, Ghana, Iceland, Iran, Ireland, Israel, Lebanon, Liberia, Nepal, New Zealand, Pakistan, Panama, Sri Lanka, Tunisia, UruguayAfghanistanArgentina BoliviaCanadaCosta RicaCubaGhanaIcelandIranIrelandIsrael LebanonLiberiaNepalNew ZealandPakistanPanamaSri LankaTunisia Uruguay

Article 2 As employed in this Convention, the expression “conservation of the living resources of the high seas” means the aggregate of the measures rendering possible the optimum sustainable yield from those resources so as to secure a maximum supply of food and other marine products. Conservation programmes should be formulated with a view to securing in the first place a supply of food for human consumption. Article 3 A State whose nationals are engaged in fishing any stock or stocks of fish or other living marine resources in any area of the high seas where the nationals of other States are not thus engaged shall adopt, for its own nationals, measures in that area when necessary for the purpose of the conservation of the living resources affected.

International Treaty on Plant Genetic Resources for Food and Agriculture

Parties: 127 The Importance of the International Treaty The International Treaty on Plant Genetic Resources for Food and Agriculture is crucial in the fight against hunger and poverty and essential for the achievement of Millennium Development Goals 1 and 7. No country is self-sufficient in plant genetic resources; all depend on genetic diversity in crops from other countries and regions. International cooperation and open exchange of genetic resources are therefore essential for food security. The fair sharing of benefits araising from the use of these resources has for the first time been practically implemented at the international level through the Treaty and its Standard Material Transfer Agreement.

International Tropical Timber Agreement, (ITTA) Geneva, 1994

International Tropical Timber Agreement, 1994 (ITTA, 1994) was drafted to ensure that by the year 2000 exports of tropical timber originated from sustainably managed sources and to establish a fund to assist tropical timber producers in obtaining the resources necessary to reach this objectivetimber Fifty eight parties signed up to the agreement: Australia, Austria, Belgium, Bolivia, Brazil, Burma, Cambodia, Cameroon, Canada, Central African Republic, People's Republic of China, Colombia, Democratic Republic of the Congo, Republic of the Congo, Côte d'Ivoire, Denmark, Ecuador, Egypt, European Union, Fiji, Finland, France, Gabon, Germany, Ghana, Greece, Guyana, Honduras, India, Indonesia, Ireland, Italy, Japan, South Korea, Liberia, Luxembourg, Malaysia, Nepal, Netherlands, New Zealand, Norway, Panama, Papua New Guinea, Peru, Philippines, Portugal, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, United Kingdom, United States, Uruguay, Vanuatu, Venezuela From Wikipedia, the free encyclopedia AustraliaAustriaBelgiumBoliviaBrazilBurmaCambodiaCameroon CanadaCentral African RepublicPeople's Republic of ChinaColombia Democratic Republic of the CongoRepublic of the CongoCôte d'Ivoire DenmarkEcuadorEgyptEuropean UnionFijiFinlandFranceGabon GermanyGhanaGreeceGuyanaHondurasIndiaIndonesiaIrelandItaly JapanSouth KoreaLiberiaLuxembourgMalaysiaNepalNetherlandsNew ZealandNorwayPanamaPapua New GuineaPeruPhilippinesPortugal SpainSurinameSwedenSwitzerlandThailandTogoTrinidad and Tobago United KingdomUnited StatesUruguayVanuatuVenezuela