international response to environmental issues.docx

7/30/2019 INTERNATIONAL RESPONSE TO ENVIRONMENTAL ISSUES.docx

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ENVIRONMENTAL LAW INTERNATIONAL RESPONSE TO ENVIRONMENTAL ISSUES JEFFREY L. ONTANGCO

1

United Nations Conference on Environment

and Development

The United Nations Conference on Environment and

Development (UNCED), also known as the "Earth

Summit," was held at Rio de Janeiro, Brazil, from 3-

14 June 1992. This global conference, held on the

20th anniversary of the first international Conference

on the Human Environment, (Stockholm, 1972),

brought together policy makers, diplomats, scientists,

media personnel and non-governmental organization

(NGO) representatives from 179 countries in a

massive effort to reconcile the impact of human

socio-economic activities on the environment and

vice versa. A simultaneous "Global NGO Forum" was

also held in Rio de Janeiro, which was attended by an

unprecedented number of representatives from

NGOs outlining their own vision of the future

environmental and socio-economic/developmental

state of the world.

The 1972 UN Stockholm Conference focused

international attention on environmental issues,

especially those relating to environmental

degradation and "transboundary pollution." The last

concept was particularly important, as it highlighted

the fact that pollution does not recognize political or

geographical boundaries, but affects countries,

regions and people beyond its point of origin. Over

the decades following Stockholm, this concept was

broadened to encompass environmental issues that

are truly transnational in scope, requiring concertedaction by all countries and all regions of the world in

a universal manner in order to deal with them

effectively. Such important global environmental

problems include, for example, all kinds of pollution,

climate change, the depletion of the ozone layer, the

use and management of oceans and fresh water

resources, excessive deforestation, desertification and

land degradation, hazardous waste and depleting

biological diversity.

In the years that followed, it also came to be

recognized that regional or local environmentalproblems, such as extensive urbanization,

deforestation, desertification, and general natural

resource scarcity, can spread to pose serious

repercussions for broader international security. For

example, they undermine the economic base and

social fabric of weak and poor countries, generate or

exacerbate social tensions and conflicts and stimulate

greater flows of refugees. Environmental degradation

in diverse parts of the developing as well as the

developed world can in this way affect the political,

economic and social interests of the world as a whole.

International recognition of the fact that

environmental protection and natural resources

management must be integrated with socio-economic

issues of poverty and underdevelopment culminated

in the 1992 Earth Summit. This idea has been

captured in the definition of "sustainable

development," as defined by the World Commission

on Environment and Development (the Brundtland

Commission) in 1987 as "development that meets the

needs of the present without compromising the

ability of future generations to meet their own

needs." This concept was designed to meet the

requirements of both the supporters of economic

development as well as of those concerned primarily

with environmental conservation.

The Earth Summit thus made history by bringing

global attention to the understanding, new at the

time, that the planet's environmental problems were

intimately linked to economic conditions and

problems of social justice. It showed that social,

environmental and economic needs must be met in

balance with each other for sustainable outcomes in

the long term. It showed that if people are poor, and

national economies are weak, the environment

suffers; if the environment is abused and resources

are over consumed, people suffer and economies

decline. The conference also pointed out that thesmallest local actions or decisions, good or bad, have

potential worldwide repercussions.

The Rio de Janeiro gathering outlined the way that

various social, economic and environmental factors

are interdependent and change together. It identified

the critical elements of change, showing that success

in one area requires action in the others in order to

continue over time. The Summit's primary aim was to

produce an extended agenda and a new plan for

international action on environmental and

developmental issues that would help guideinternational cooperation and policy development

into the next century.

UNCED proclaimed the concept of sustainable

development as a workable objective for everyone

around the world, whether at the local, national,

regional or international level. It recognized that

integrating and balancing economic, social and

environmental concerns in meeting our needs is vital


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to continue human life on the planet, and that such

an integrated approach is achievable if we put our

heads and hands together. It further recognized that

achieving this kind of integration and balance

between economic, social and environmental

dimensions would require new ways of looking at

how we produce and consume, how we live, how we

work, how we get along with each other, and how wemake decisions. The concept was revolutionary and

like all original ideas it started a lively debate among

governments, and between governments and their

citizens on how to achieve sustainability.

A major achievement of UNCED was Agenda 21, a

thorough and broad-ranging programme of actions

demanding new ways of investing in our future to

reach global sustainable development in the 21st

century. Its recommendations ranged from new ways

to educate, to new ways to care for natural resources,

and new ways to participate in designing asustainable economy. The overall ambition of Agenda

21 was breathtaking, for its goal was nothing less than

to make a safe and just world in which all life has

dignity and is celebrated.

Other UNCED outcomes:

- The Rio Declaration: A set of 27 universally-

applicable Principles to help guide international

action on the basis of environmental and economic

responsibility.

- The Framework Convention on Climate Change: A

legally-binding agreement, signed by 154

governments at the Summit in Rio, its ultimate

objective is the "stabilization of greenhouse gas

concentrations in the atmosphere at a level that

would prevent dangerous anthropogenic (man-made)

interference with the climate system."

- The Convention on Biological Diversity (CBD): A

legally-binding agreement, that has been signed so

far by 168 countries, It represents a dramatic step

forward in the conservation of biological diversity,

the sustainable use of its components, and the fair

and equitable sharing of benefits arising from the use

of genetic resources.

- The Statement of Forest Principles: a set of 15 non-

legally binding Principles governing national and

international policy-making for the protection and a

more sustainable management and use of global

forest resources. These Principles are extremely

significant since they represent the first major

international consensus on better use and

conservation of all kinds of forests.

World Charter for Nature (1982)

The General Assembly,

Reaffirming the fundamental purposes of the UnitedNations, in particular the maintenance of

international peace and security, the development of

friendly relations among nations and the

achievement of international cooperation in solving

international problems of an economic, social,

cultural, technical, intellectual or humanitarian

character,

Aware that:

(a) Mankind is a part of nature and life depends on

the uninterrupted functioning of natural systemswhich ensure the supply of energy and nutrients,

(b) Civilization is rooted in nature, which has shaped

human culture and influenced all artistic and

scientific achievements, and living in harmony with

nature gives man the best opportunities for the

development of his creativity, and for rest and

recreation,

Convinced that:

(a) Every form of life is unique, warranting respect

regardless of its worth to man, and, to accord other

organisms such recognition, man must be guided by a

moral code of action,

(b) Man can alter nature and exhaust natural

resources by his action or its consequences and,

therefore, must fully recognize the urgency of

maintaining the stability and quality of nature and of

conserving natural resources,

Persuaded that:

(a) Lasting benefits from nature depend upon themaintenance of essential ecological processes and life

support systems, and upon the diversity of life forms,

which are jeopardized through excessive exploitation

and habitat destruction by man,

(b) The degradation of natural systems owing to

excessive consumption and misuse of natural

resources, as well as to failure to establish an


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appropriate economic order among peoples and

among States, leads to the breakdown of the

economic, social and political framework of

civilization,

(c) Competition for scarce resources creates conflicts,

whereas the conservation of nature and natural

resources contributes to justice and the maintenance

of peace and cannot be achieved until mankind learns

to live in peace and to forsake war and armaments,

Reaffirming that man must acquire the knowledge to

maintain and enhance his ability to use natural

resources in a manner which ensures the

preservation of the species and ecosystems for the

benefit of present and future generations,

Firmly convinced of the need for appropriate

measures, at the national and international,

individual and collective, and private and public

levels, to protect nature and promote internationalco-operation in this field,

Adopts, to these ends, the present World Charter for

Nature, which proclaims the following principles of

conservation by which all human conduct affecting

nature is to be guided and judged.

I. GENERAL PRINCIPLES

1. Nature shall be respected and its essential

processes shall not be impaired.

2. The genetic viability on the earth shall not be

compromised; the population levels of all life forms,

wild and domesticated, must be at least sufficient for

their survival, and to this end necessary habitat shall

be safeguarded.

3. All areas of the earth, both land and sea, shall be

subject to these principles of conservation; special

protection shall be given to unique areas, to

representative samples of all the different types of

ecosystems and to the habitat of rare or endangered

species.

4. Ecosystems and organisms, as well as the land,

marine and atmospheric resources that are utilized by

man, shall be managed to achieve and maintain

optimum sustainable productivity, but not in such a

way as to endanger the integrity of those other

ecosystems or species with which they coexist.

5. Nature shall be secured against degradation caused

by warfare or other hostile activities.

II. FUNCTIONS

6. In the decision-making process it shall be

recognized that man's needs can be met only by

ensuring the proper functioning of natural systems

and by respecting the principles set forth in thepresent Charter.

7. In the planning and implementation of social and

economic development activities, due account shall

be taken of the fact that the conservation of nature is

an integral part of those activities.

8. In formulating long-term plans for economic

development, population growth and the

improvement of standards of living, due account shall

be taken of the long-term capacity of natural systems

to ensure the subsistence and settlement of thepopulations concerned, recognizing that this capacity

may be enhanced through science and technology.

9. The allocation of areas of the earth to various uses

shall be planned and due account shall be taken of

the physical constraints, the biological productivity

and diversity and the natural beauty of the areas

concerned.

10. Natural resources shall not be wasted, but used

with a restraint appropriate to the principles set forth

in the present Charter, in accordance with thefollowing rules:

(a) Living resources shall not be utilized in excess of

their natural capacity for regeneration;

(b) The productivity of soils shall be maintained or

enhanced through measures which safeguard their

long-term fertility and the process of organic

decomposition, and prevent erosion and all other

forms of degradation;

(c) Resources, including water, which are not

consumed as they are used shall be reused or

recycled;

(d) Non-renewable resources which are consumed as

they are used shall be exploited with restraint, taking

into account their abundance, their rational

possibilities of converting them for consumption, and

the compatibility of their exploitation with the

functioning of natural systems.


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11. Activities which might have an impact on nature

shall be controlled, and the best available

technologies that minimize significant risks to nature

or other adverse effects shall be used; in particular:

(a) Activities which are likely to cause irreversible

damage to nature shall be avoided;

(b) Activities which are likely to pose a significant riskto nature shall be preceded by an exhaustive

examination; their proponents shall demonstrate that

expected benefits outweigh potential damage to

nature, and where potential adverse effects are not

fully understood, the activities should not proceed;

(c) Activities which may disturb nature shall be

preceded by assessment of their consequences, and

environmental impact studies of development

projects shall be conducted sufficiently in advance,

and if they are to be undertaken, such activities shall

be planned and carried out so as to minimizepotential adverse effects;

(d) Agriculture, grazing, forestry and fisheries

practices shall be adapted to the natural

characteristics and constraints of given areas;

(e) Areas degraded by human activities shall be

rehabilitated for purposes in accord with their natural

potential and compatible with the well-being of

affected populations.

12. Discharge of pollutants into natural systems shallbe avoided and:

(a) Where this is not feasible, such pollutants shall be

treated at the source, using the best practicable

means available;

(b) Special precautions shall be taken to prevent

discharge of radioactive or toxic wastes.

13. Measures intended to prevent, control or limit

natural disasters, infestations and diseases shall be

specifically directed to the causes of these scourges

and shall avoid averse side-effects on nature.

III. IMPLEMENTATION

14. The principles set forth in the present Charter

shall be reflected in the law and practice of each

State, as well as at the international level.

15. Knowledge of nature shall be broadly

disseminated by all possible means, particularly by

ecological education as an integral part of general

education.

16. All planning shall include, among its essential

elements, the formulation of strategies for the

conservation of nature, the establishment of

inventories of ecosystems and assessments of the

effects on nature of proposed policies and activities;

all of these elements shall be disclosed

to the public by appropriate means in time to permit

effective consultation and participation.

17. Funds, programmes and administrative structures

necessary to achieve the objective of the conservation

of nature shall be provided.

18. Constant efforts shall be made to increase

knowledge of nature by scientific research and todisseminate such knowledge unimpeded by

restrictions of any kind.

19. The status of natural processes, ecosystems and

species shall be closely monitored to enable early

detection of degradation or threat, ensure timely

intervention and facilitate the evaluation of

conservation policies and methods.

20. Military activities damaging to nature shall be

avoided.

21. States and, to the extent they are able, other

public authorities, international organizations,

individuals, groups and corporations shall:

(a) Co-operate in the task of conserving nature

through common activities and other relevant

actions, including information exchange and

consultations;

(b) Establish standards for products and other

manufacturing processes that may have adverse

effects on nature, as well as agreed methodologies for

assessing these effects;

(c) Implement the applicable international legal

provisions for the conservation of nature and the

protection of the environment;

(d) Ensure that activities within their jurisdictions or

control do not cause damage to the natural systems


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located within other States or in the areas beyond the

limits of national jurisdiction;

(e) Safeguard and conserve nature in areas beyond

national jurisdiction.

22. Taking fully into account the sovereignty of States

over their natural resources, each State shall give

effect to the provisions of the present Charter throughits competent organs and in co-operation with other

States.

23. All persons, in accordance with their national

legislation, shall have the opportunity to participate,

individually or with others, in the formulation of

decisions of direct concern to their environment, and

shall have access to means of redress when their

environment has suffered damage or degradation.

24. Each person has a duty to act in accordance with

the provisions of the present Charter, actingindividually, in association with others or through

participation in the political process, each person

shall strive to ensure that the objectives and

requirements of the present Charter are met.

Stockholm Conference

Stockholm Conference on the Human

Environment

The United Nations Conference on the Human

Environment, having met at Stockholm from 5 to 16

June 1972,having considered the need for a commonoutlook and for common principles to inspire and

guide the peoples of the world in the preservation and

enhancement of the human environment,

Proclaims that:

1. Man is both creature and moulder of his

environment, which gives him physical sustenance

and affords him the opportunity for intellectual,

moral, social and spiritual growth. In the long and

tortuous evolution of the human race on this planet a

stage has been reached when, through the rapidacceleration of science and technology, man has

acquired the power to transform his environment in

countless ways and on an unprecedented scale. Both

aspects of man's environment, the natural and the

man-made, are essential to his well-being and to the

enjoyment of basic human rights the right to life

itself.

2. The protection and improvement of the human

environment is a major issue which affects the well-

being of peoples and economic development

throughout the world; it is the urgent desire of the

peoples of the whole world and the duty of all

Governments.

3. Man has constantly to sum up experience and go

on discovering, inventing, creating and advancing. In

our time, man's capability to transform his

surroundings, if used wisely, can bring to all peoples

the benefits of development and the opportunity to

enhance the quality of life. Wrongly or heedlessly

applied, the same power can do incalculable harm to

human beings and the human environment. We see

around us growing evidence of man-made harm in

many regions of the earth: dangerous levels of

pollution in water, air, earth and living beings; major

and undesirable disturbances to the ecological

balance of the biosphere; destruction and depletion ofirreplaceable resources; and gross deficiencies,

harmful to the physical, mental and social health of

man, in the man-made environment, particularly in

the living and working environment.

4. In the developing countries most of the

environmental problems are caused by under-

development. Millions continue to live far below the

minimum levels required for a decent human

existence, deprived of adequate food and clothing,

shelter and education, health and sanitation.

Therefore, the developing countries must direct theirefforts to development, bearing in mind their

priorities and the need to safeguard and improve the

environment. For the same purpose, the

industrialized countries should make efforts to

reduce the gap themselves and the developing

countries. In the industrialized countries,

environmental problems are generally related to

industrialization and technological development.

5. The natural growth of population continuously

presents problems for the preservation of the

environment, and adequate policies and measuresshould be adopted, as appropriate, to face these

problems. Of all things in the world, people are the

most precious. It is the people that propel social

progress, create social wealth, develop science and

technology and, through their hard work,

continuously transform the human environment.

Along with social progress and the advance of

production, science and technology, the capability of


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man to improve the environment increases with each

passing day.

6. A point has been reached in history when we must

shape our actions throughout the world with a more

prudent care for their environmental consequences.

Through ignorance or indifference we can do massive

and irreversible harm to the earthly environment on

which our life and well being depend. Conversely,

through fuller knowledge and wiser action, we can

achieve for ourselves and our posterity a better life in

an environment more in keeping with human needs

and hopes. There are broad vistas for the

enhancement of environmental quality and the

creation of a good life. What is needed is an

enthusiastic but calm state of mind and intense but

orderly work. For the purpose of attaining freedom in

the world of nature, man must use knowledge to

build, in collaboration with nature, a better

environment. To defend and improve the humanenvironment for present and future generations has

become an imperative goal for mankind-a goal to be

pursued together with, and in harmony with, the

established and fundamental goals of peace and of

worldwide economic and social development.

7. To achieve this environmental goal will demand

the acceptance of responsibility by citizens and

communities and by enterprises and institutions at

every level, all sharing equitably in common efforts.

Individuals in all walks of life as well as organizations

in many fields, by their values and the sum of theiractions, will shape the world environment of the

future.

Local and national governments will bear the greatest

burden for large-scale environmental policy and

action within their jurisdictions. International

cooperation is also needed in order to raise resources

to support the developing countries in carrying out

their responsibilities in this field. A growing class of

environmental problems, because they are regional or

global in extent or because they affect the common

international realm, will require extensivecooperation among nations and action by

international organizations in the common interest.

The Conference calls upon Governments and peoples

to exert common efforts for the preservation and

improvement of the human environment, for the

benefit of all the people and for their posterity.

Principles

States the common conviction that:

Principle 1

Man has the fundamental right to freedom, equality

and adequate conditions of life, in an environment of

a quality that permits a life of dignity and well-being,

and he bears a solemn responsibility to protect and

improve the environment for present and futuregenerations. In this respect, policies promoting or

perpetuating apartheid, racial segregation,

discrimination, colonial and other forms of

oppression and foreign domination stand condemned

and must be eliminated.

Principle 6

The discharge of toxic substances or of other

substances and the release of heat, in such quantities

or concentrations as to exceed the capacity of the

environment to render them harmless, must behalted in order to ensure that serious or irreversible

damage is not inflicted upon ecosystems. The just

struggle of the peoples of ill countries against

pollution should be supported.

Principle 12

Resources should be made available to preserve and

improve the environment, taking into account the

circumstances and particular requirements of

developing countries and any costs which may

emanate- from their incorporating environmentalsafeguards into their development planning and the

need for making available to them, upon their

request, additional international technical and

financial assistance for this purpose.

Principle 13

In order to achieve a more rational management of

resources and thus to improve the environment,

States should adopt an integrated and coordinated

approach to their development planning so as to

ensure that development is compatible with the needto protect and improve environment for the benefit of

their population.

Principle 21

States have, in accordance with the Charter of the

United Nations and the principles of international

law, the sovereign right to exploit their own resources

pursuant to their own environmental policies, and the


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responsibility to ensure that activities within their

jurisdiction or control do not cause damage to the

environment of other States or of areas beyond the

limits of national jurisdiction.

Principle 22

States shall cooperate to develop further the

international law regarding liability andcompensation for the victims of pollution and other

environmental damage caused by activities within the

jurisdiction or control of such States to areas beyond

their jurisdiction.

Principle 23

Without prejudice to such criteria as may be agreed

upon by the international community, or to standards

which will have to be determined nationally, it will be

essential in all cases to consider the systems of values

prevailing in each country, and the extent of theapplicability of standards which are valid for the most

advanced countries but which may be inappropriate

and of unwarranted social cost for the developing

countries.

Principle 24

International matters concerning the protection and

improvement of the environment should be handled

in a cooperative spirit by all countries, big and small,

on an equal footing.

Cooperation through multilateral or bilateral

arrangements or other appropriate means is essential

to effectively control, prevent, reduce and eliminate

adverse environmental effects resulting from

activities conducted in all spheres, in such a way that

due account is taken of the sovereignty and interests

of all States.

United Nations Framework Convention on

Climate Change

The Convention on Climate Change sets an overall

framework for intergovernmental efforts to tackle the

challenge posed by climate change. It recognizes that

the climate system is a shared resource whose

stability can be affected by industrial and other

emissions of carbon dioxide and other greenhouse

gases.

The Convention enjoys near universal membership.

Latest information on ratifications of the Convention

can be found here.

The Convention entered into force on 21 March 1994.

Vienna Convention for the Protection of the

Ozone Layer

The Vienna Convention for the Protection of the

Ozone Layer is often called a framework convention,

because it served as a framework for efforts to protect

the globes ozone layer. The Vienna Convention was

adopted in 1985 and entered into force on 22 Sep

1988. In 2009, the Vienna Convention became the

first Convention of any kind to achieve universal

ratification. The objectives of the Convention were for

Parties to promote cooperation by means of

systematic observations, research and information

exchange on the effects of human activities on the

ozone layer and to adopt legislative or administrativemeasures against activities likely to have adverse

effects on the ozone layer.

The Vienna Convention did not require countries to

take concrete actions to control ozone depleting

substances. Instead, in accordance with the

provisions of the Convention, the countries of the

world agreed the Montreal Protocol on Substances

that Deplete the Ozone Layer under the Convention

to advance that goal.

The Parties to the Vienna Convention meet onceevery three years, back to back with the Parties to the

Montreal Protocol, in order to take decisions

designed to administer the Convention.

Montreal Protocol

The Montreal Protocol on Substances That Deplete

the Ozone Layer is a landmark international

agreement designed to protect the stratospheric

ozone layer. The treaty was originally signed in 1987

and substantially amended in 1990 and 1992. The

Montreal Protocol stipulates that the production andconsumption of compounds that deplete ozone in the

stratosphere--chlorofluorocarbons (CFCs), halons,

carbon tetrachloride, and methyl chloroform--are to

be phased out by 2000 (2005 for methyl chloroform).

Scientific theory and evidence suggest that, once

emitted to the atmosphere, these compounds could

significantly deplete the stratospheric ozone layer

that shields the planet from damaging UV-B


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radiation. The United Nations Environment

Programme (UNEP) has prepared a Montreal

Protocol Handbook that provides additional detail

and explanation of the provisions. (CIESIN's

Thematic Guide on Ozone Depletion and Global

Environmental Change presents an-in-depth look at

causes, human and environmental effects, and policy

responses to stratospheric ozone depletion.)

The Vienna Convention for the Protection of the

Ozone Layer (1985), which outlines states'

responsibilities for protecting human health and the

environment against the adverse effects of ozone

depletion, established the framework under which

the Montreal Protocol was negotiated.

Numerous reports, articles, and books have been

written about the Montreal Protocol, including the

following three frequently cited sources. Morrisette

(1989) provides a historical analysis of the science

and policy evolution that led to the Montreal Protocol

in "The Evolution of Policy Responses to

Stratospheric Ozone Depletion." Haas (1991) focuses

on the politics behind the Montreal Protocol in

"Policy Responses to Stratospheric Ozone Depletion."

Benedick (1991), who led the U.S. delegation, offers

perhaps the most detailed account of the Montreal

Protocol negotiations in Ozone Diplomacy. The

preface, introduction, conclusion, and chronology of

policy from the book are available here.

In addition, in "The Fourth Meeting of the Parties to

the Montreal Protocol" Rowlands (1993) offers a good

historical overview and an update through 1992.

London Amendment and Copenhagen

Amendment

The London Amendment (1990) changed the ODS

emission schedule by requiring the complete

phaseout of CFCs, halons, and carbon tetrachloride

by 2000 in developed countries, and by 2010 in

developing countries. Methyl chloroform was also

added to the list of controlled ODSs, with phaseout in

developed countries targeted in 2005, and in 2015 for

developing countries.

The Copenhagen Amendment (1992) significantly

accelerated the phaseout of ODSs and incorporated

an HCFC phaseout for developed countries,

beginning in 2004. Under this agreement, CFCs,

halons, carbon tetrachloride, and methyl chloroform

were targeted for complete phaseout in 1996 in

developed countries. In addition, methyl bromide

consumption of methyl bromide was capped at 1991

levels.

Kyoto Protocol

The Kyoto Protocol is an international agreement

linked to the United Nations Framework Convention

on Climate Change. The major feature of the KyotoProtocol is that it sets binding targets for 37

industrialized countries and the European

community for reducing greenhouse gas (GHG)

emissions .These amount to an average of five per

cent against 1990 levels over the five-year period

2008-2012.

The major distinction between the Protocol and the

Convention is that while the Convention encouraged

industrialised countries to stabilize GHG emissions,

the Protocol commits them to do so.

Recognizing that developed countries are principally

responsible for the current high levels of GHG

emissions in the atmosphere as a result of more than

150 years of industrial activity, the Protocol places a

heavier burden on developed nations under the

principle of common but differentiated

responsibilities.

The Kyoto Protocol was adopted in Kyoto, Japan, on

11 December 1997 and entered into force on 16

February 2005. The detailed rules for the

implementation of the Protocol were adopted at COP7 in Marrakesh in 2001, and are called the

Marrakesh Accords.

The Kyoto mechanisms

Under the Treaty, countries must meet their targets

primarily through national measures. However, the

Kyoto Protocol offers them an additional means of

meeting their targets by way of three market-based

mechanisms.

The Kyoto mechanisms are:

Emissions trading known as the carbon market"

Clean development mechanism (CDM)

Joint implementation (JI).


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The mechanisms help stimulate green investment

and help Parties meet their emission targets in a cost-

effective way.

Monitoring emission targets

Under the Protocol, countriesactual emissions have

to be monitored and precise records have to be kept

of the trades carried out.

Registry systems track and record transactions by

Parties under the mechanisms. The UN Climate

Change Secretariat, based in Bonn, Germany, keeps

an international transaction log to verify that

transactions are consistent with the rules of the

Protocol.

Reporting is done by Parties by way of submitting

annual emission inventories and national reports

under the Protocol at regular intervals.

A compliance system ensures that Parties are meeting

their commitments and helps them to meet their

commitments if they have problems doing so.

Adaptation

The Kyoto Protocol, like the Convention, is also

designed to assist countries in adapting to the

adverse effects of climate change. It facilitates the

development and deployment of techniques that can

help increase resilience to the impacts of climate

change.

The Adaptation Fund was established to finance

adaptation projects and programmes in developing

countries that are Parties to the Kyoto Protocol. The

Fund is financed mainly with a share of proceeds

from CDM project activities.

The road ahead

The Kyoto Protocol is generally seen as an important

first step towards a truly global emission reduction

regime that will stabilize GHG emissions, and

provides the essential architecture for any futureinternational agreement on climate change.

By the end of the first commitment period of the

Kyoto Protocol in 2012, a new international

framework needs to have been negotiated and ratified

that can deliver the stringent emission reductions the

Intergovernmental Panel on Climate Change (IPCC)

has clearly indicated are needed.

Convention on Biological Diversity

The Convention on Biological Diversity (CBD)

entered into force on 29 December 1993. It has 3

main objectives:

The conservation of biological diversity

The sustainable use of the components of biologicaldiversity

The fair and equitable sharing of the benefits arising

out of the utilization of genetic resources

In other words, its objective is to develop national

strategies for the conservation and sustainable use of

biological diversity. It is often seen as the key

document regarding sustainable development.

The Convention was opened for signature at the

Earth Summit in Rio de Janeiro on 5 June 1992 and

entered into force on 29 December 1993.

2010 was the International Year of Biodiversity. The

Secretariat of the Convention on Biological Diversity

is the focal point for the International Year of

Biodiversity. At the 2010 10th Conference of Parties

(COP) to the Convention on Biological Diversity in

October in Nagoya, Japan, the Nagoya Protocol was

adopted.[1] On 22 December 2010, the UN declared

the period from 2011 to 2020 as the UN-Decade on

Biodiversity. They, hence, followed a

recommendation of the CBD signatories during

COP10 at Nagoya in October 2010.

Convention on International Trade in

Endangered Species of Wild Fauna and Flora

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 theendangered 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


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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 tradein 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 wasconceived 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., United States of

America, on 3 March 1973, and on 1 July 1975 CITES

entered in force. The original of the Convention wasdeposited with the Depositary Government in the

Chinese, English, French, Russian and Spanish

languages, each version being equally authentic.

CITES is an international agreement to which States

(countries) adhere voluntarily. States that have

agreed to be bound by the Convention ('joined'

CITES) are known as Parties. 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 hasto 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.

Convention on Wetlands of International

Importance Especially as Waterfowl Habitat

The Convention on Wetlands of International

Importance, Especially as Waterfowl Habitat, came

into force in 1975. The treaty is commonly referred to

as Ramsar or the Ramsar Convention, named after

the Iranian town in which it was first signed in 1971.

It is the oldest of the multilateral international

conservation conventions and the only one to deal

with one ecosystem type and one taxonomic group.As of December, 2006, Ramsar had 153 Parties.

Moreover, 1,630 wetland sites worldwide, covering

almost 1.5 million square kilometers, were designated

for inclusion onto Ramsars List of Wetlands of

International Importance, hereafter referred to as the

List. The Ramsar Secretariat and Depositary are

located in Gland, Switzerland and work closely with

IUCN The World Conservation Union.

Ramsars Preamble calls upon its Parties to recognize

the interdependence of humans and their

environment, and to consider the importance of themany ecological functions of wetlands, including

flood control, nutrient cycling, and habitat for

migratory wildlife and commercially important fish.

The Preamble also suggests that wetland losses are

irreparable because of their economic as well as

scientific and recreational values. Parties are

instructed to develop national policies to decrease

wetland losses and to recognize that migratory

waterfowl are important international resources

because of their seasonal movements. The overall

intent of Ramsar is to enhance national policies and

international coordination for the conservation ofboth wetlands and waterfowl.

The Articles of Ramsar

The Convention is comprised of 12 articles, and

several important amendments have been passed

since it came into force. Article 1 defines wetlands

and waterfowlThe scope of the term wetlands in

Ramsar is relatively expansive and includes fresh,

brackish, and marine wetlands (bogs, fens, marshes,

swamps, etc). This clause allows for the inclusion of

many near-shore areas (including some reef systems)that are permanently underwater and thus not

wetlands as classically understood, but what can be

very important for the conservation of waterfowl. The

definition of waterfowl under Ramsar is also fairly

broad, encompassing birds that are dependent on

wetlands (as defined above) for at least part of their

lifecycle. RAMSAR's waterfoul definition can

encompass traditional wetland birds such as geese,


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swans, ducks, and their allies are included, and may

also include shorebirds, herons, egrets, rails, grebes,

cormorants, coots other aquatic and partly aquatic

species, raptors and passerine species such as Marsh

Harriers and reed warblers. This expanded definition

is meant to facilitate effective conservation for the

myriad avian species that may use similar flyways

and stopover and staging areas during migrationsregardless of taxonomic identity.

Article 2 instructs Parties to include at least one site

within their jurisdiction on the List of Wetlands of

International Importance, which is maintained by

IUCN The World Conservation Union. This

designation is based very broadly on ecological,

zoological, botanical, limnological and/or

hydrological criteria as outlined in the article, but, in

practice, Ramsar Parties have a good deal of leeway

in proposing sites for the List. Article 3 requires

Parties to promote the conservation of listed sitesthrough national policies and to inform the

Secretariat of changes in the ecological status of listed

sites. Most Ramsar sites are in fact designated as

some category of protected area under national law,

but there are exceptions. Article 4 expands on the

concept of national obligations to protect wetlands by

encouraging Parties to establish nature reserves at

and around important wetland sites within their

respective jurisdictions, even if those sites are not

listed as Internationally Important. It also asks

Parties to compensate and mitigate for adverse

impacts to listed sites, to share data and researchwith other parties, to provide training for waterfowl

research, and to manage habitats to increase

waterfowl populations. Article 5 instructs the Parties

to consult with each other about implementation of

the Convention, particularly for transboundary

wetlands--an area in which Ramsar has been

particularly progressive. Article 6 establishes a

Conference of the Parties to convene periodically for

the purposes of discussing Ramsar implementation

and changes to listed areas. Conferences of the

Parties have generally occurred biennially in the 30+

years since Ramsar came into force.

Bureaucratic and institutional aspects of Ramsar are

considered in the remaining 5 articles. Article 7

requires that national representatives to the

Conference of the Parties be wetland experts while

Article 8 designates the World Conservation

Union/IUCN to house the Secretariat for the

purposes of maintaining the List of Internationally

Important sites and convening conferences. Article 9

stipulates that the Convention remains open for

signature indefinitely. Any member agency of the

United Nations can become a Party to Ramsar, as can

any country. As stipulated in Article 10, the

Convention came into force 4 months after the

accession of the seventh Party. Amendment

procedures are described in Article 10 bis. UnderArticle 11, Parties have the right to denounce the

Convention 5 years after ratification, and the

Depositary is required (in Article 12) to announce

new Parties, deposit all ratification or accession

documents, dates of entry and any notification of

denunciation, and to register the Convention with the

Secretariat of the United Nations.

Discussion

Only about 60 countries became a Party to Ramsar in

its first 20 years of existence, but almost twice that

many have done so in the last 15 years. This is in part

testament to the importance of the Convention and in

part due to the proliferation of countries in the post-

communist era, but it also in part due to some

changes to Ramsar policies. As with the worldwide

movement to create parks and equivalent reserves

since the 1970s, the movement to protect wetlands

for their own sake did not become feasible in many

developing countries until there was a concerted and

deliberate effort to make conservation programs work

in coordination with, and not in opposition to, local-

level development. Many individuals worldwide aredependent to some degree on subsistence harvesting

of important natural products, and wetlands are

among the most productive natural ecosystems. With

the inclusion of more Parties, Ramsar

implementation policies expanded to include

concepts such as wise use for both conservation and

local development, and the sustainable harvest of

important wetland products such as reeds, thatch

grasses, small-scale fisheries, etc.

Many of the policy directives issued by the

Conference of Parties since 1990 have been in thespirit of community-based conservation,

collaborative management, and sustainable harvest.

Many developing countries have since promulgated

their own national wetland policies and have thus

affected Ramsar in some ways that were not

originally intended by the (primarily) western and

medium-developed nations that first signed the

Convention. Although the concept of wise use for


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sustainable development was incorporated early into

Ramsar, it was not until the expansion of many

community-based forms of conservation (largely

since the 1990s) in many nations, that these concepts

began to become operational within Ramsar. Nepal,

for example (a Party since 1987) drafted its own

community-based wetlands conservation principles

in 2000, and its national Wetlands Policy in 2003,which has still not been fully passed by the

Government.

The Convention was broadly drafted to be as inclusive

as possible. This has included both the definitions of

wetlands and waterfowl as discussed above, and in

the designation of sites within countries. For

example, Canada and the United States, with vast

areas and large wetland resources, have relatively

few, but big, sites on the List (e.g. Everglades

National Park), while Greece and Italy have many

sites listed, some of which are very small. Thepopulation densities and historical land uses of

course are very different in the former than in the

latter, but this likely also may be attributed to cultural

perceptions as well as [ecological reality about what

constitutes international importance. The few large

North American sites are, under any definition,

classified as wetlands of international importance for

migratory birds, but the many small sites along the

Mediterranean could also be considered as such

because they are stopover areas along the European-

African flyway. Similar sites also exist in North

America, but they are not listed, perhaps due to thepresence of other, much larger sites, which are

lacking in much of Europe.

Since many wetland areas are shallow and prone to

seasonal drying, wetlands can serve as natural

barometers of global warming. The Parties to Ramsar

from almost the outset of the Convention have

actively encouraged global change research at listed

sites, contributing to efforts to both assess climatic

trends and impacts. As such, the Convention was

quite progressive at the time it was created in 1971.

In spite of all the interest in wetlands and associated

fauna and flora, and in spite of current knowledge of

the ecological and economic importance of wetland

resources, implementation of the Ramsars mandates

at the national level often still remains disappointing,

both in terms of inadequate national legislation in

many cases and the failure to protect wetlands on the

ground. Given myriad hydro-periods, surface versus

groundwater connections, and the vast array of

landscapes under which wetlands can form,

challenges to wetland preservation exist even with a

successful and widely accepted Convention such as

Ramsar.

Protocol to Amend the Convention on

Wetlands of International Importance

especially as Waterfowl Habitat

The Contracting Parties

CONSIDERING that for the effectiveness of the

Convention on Wetlands of International Importance

especially as Waterfowl Habitat, done at Ramsar on

2nd February 1971 (hereinafter referred to as "the

Convention"), it is indispensable to increase the

number of Contracting Parties,

AWARE that the addition of authentic language

versions would facilitate wider participation in theConvention,

CONSIDERING furthermore that the text of the

Convention does not provide for an amendment

procedure, which makes it difficult to amend the text

as may be considered necessary,

HAVE AGREED as follows:

ARTICLE 1

The following Article shall be added between Article

10 and Article 11 of the Convention:

"ARTICLE 10 BIS"

1. This Convention may be amended at a meeting of

the Contracting Parties convened for that purpose in

accordance with this Article.

2. Proposals for amendment may be made by any

Contracting Party.

3. The text of any proposed amendment and the

reasons for it shall be communicated to theorganization or government performing the

continuing bureau duties under the Convention

(hereinafter referred to as "the Bureau") and shall

promptly be communicated by the Bureau to all

Contracting Parties. Any comments on the text by the

Contracting Parties shall be communicated to the

Bureau within three months of the date on which the

amendments were communicated to the Contracting


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Parties by the Bureau. The Bureau shall, immediately

after the last day for submission of comments,

communicate to the Contracting Parties all comments

submitted by that day.

4. A meeting of Contracting Parties to consider an

amendment communicated in accordance with

paragraph 3 shall be convened by the Bureau upon

the written request of one third of the Contracting

Parties. The Bureau shall consult the Parties

concerning the time and venue of the meeting.

5. Amendments shall be adopted by a two-thirds

majority of the Contracting Parties present and

voting.

6. An amendment adopted shall enter into force for

the Contracting Parties which have accepted it on the

first day of the fourth month following the date on

which two thirds of the Contracting Parties have

deposited an instrument of acceptance with theDepositary. For each Contracting Party which

deposits an instrument of acceptance after the date

on which two thirds of the Contracting Parties have

deposited an instrument of acceptance, the

amendment shall enter into force on the first day of

the fourth month following the date of the deposit of

its instrument of acceptance."

ARTICLE 2

In the testimonium following Article 12 of the

Convention,the words "in any case of divergency theEnglish text prevailing" shall be deleted and replaced

by the words "all texts being equally authentic".

ARTICLE 3

The revised text of the original French version of the

Convention is reproduced in the Annex to this

Protocol.

ARTICLE 4

This Protocol shall be open for signature at Unesco

headquarters in Paris from 3 December 1982.

ARTICLE 5

1. Any State referred to in Article 9, paragraph 2, of

the Convention may become a Contracting Party to

this Protocol by:

A) signature without reservation as to ratification,

acceptance or approval,

B) signature subject to ratification, acceptance or

approval, followed by ratification, acceptance or

approval,

C) accession.

2. Ratification, acceptance, approval or accession

shall be effected by the deposit of an instrument of

ratification, acceptance, approval or accession with

the Director-General of the United Nations

Educational, Scientific and Cultural Organization

(hereinafter ref erred to as "the Depositary").

3. Any State which becomes a Contracting Party to

the Convention after the entry into force of this

Protocol shall, failing an expression of a different

intention at the time of signature or of the deposit of

the instrument referred to in Article 9 of theConvention, be considered as a Party to the

Convention as amended by this Protocol.

4. Any State which becomes a Contracting Party to

this Protocol without being a Contracting Party to the

Convention, shall be considered as a Party to the

Convention as amended by this Protocol as of the

date of entry into force of this Protocol for that State.

ARTICLE 6

1. This Protocol shall enter into force the first day of

the fourth month following the date on which two

thirds of the States which are Contracting Parties to

the Convention on the date on which this Protocol is

opened for signature have signed it without

reservation as to ratification, acceptance or approval,

or have ratified, accepted, approved or acceded to it.

2. With regard to any State which becomes a

Contracting Party to this Protocol in the manner

described in paragraph 1 and 2 of Article 5 above,

after the date of its entry into force, this Protocol

shall enter into force on the date of its signaturewithout reservation as to ratification, acceptance or

approval, or of its ratification, acceptance, approval

or accession.

3. With regard to any State which becomes a

Contracting Party to this Protocol in the manner

described in paragraph 1 and 2 of Article 5 above,

during the period between the date on which this

Protocol is opened for signature and its entry into


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force, this Protocol shall enter into force on the date

determined in paragraph 1 above.

ARTICLE 7

1. The original of this Protocol, in the English and

French languages, each version being equally

authentic, shall be deposited with the Depositary. The

Depositary shall transmit certified copies of each ofthese versions to all States that have signed this

Protocol or deposited instruments of accession to it.

2. The Depositary shall inform all Contracting Parties

of the Convention and all States that have signed and

acceded to this Protocol as soon as possible of:

A) signatures to this Protocol,

B) deposits of instruments of ratification, acceptance,

or approval of this Protocol,

C) deposits of instruments of accession to this

Protocol,

D) the date of entry into force of this Protocol.

3. When this Protocol has entered into force, the

Depositary shall have it registered with the

Secretariat of the United Nations in accordance with

Article 102 of the Charter.

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, aquatic 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 117 (as of 1 June 2012)

Parties from Africa, Central and South America, Asia,

Europe and Oceania. Click for Map of Parties.

As the only global convention specializing in the

conservation of migratory species, their habitats and

migration routes, CMS complements and co-operates

with a number of other international organizations,

NGOs and partners in the media as well as in the

corporate sector.

Migratory species threatened with extinction are

listed on Appendix I of the Convention. CMS Parties

strive towards strictly protecting these animals,

conserving or restoring the places where they live,

mitigating obstacles to migration and controlling

other factors that might endanger them. Besides

establishing obligations for each State joining the

Convention, CMS promotes concerted action amongthe Range States of many of these species.

Migratory species that need or would significantly

benefit from international co-operation are listed in

Appendix II of the Convention. For this reason, the

Convention encourages the Range States to conclude

global or regional Agreements.

In this respect, CMS acts as a framework Convention.

The Agreements may range from legally binding

treaties (called Agreements) to less formal

instruments, such as Memoranda of Understanding,

and can be adapted to the requirements of particular

regions. The development of models tailored

according to the conservation needs throughout the

migratory range is a unique capacity to CMS.

Several Agreements have been concluded to date

under the auspices of CMS. They aim to conserve:

Populations of European Bats

Cetaceans of the Mediterranean Sea, Black Sea and

Contiguous Atlantic Area

Small Cetaceans of the Baltic, North-East Atlantic,

Irish and North Seas

Seals in the Wadden Sea

African-Eurasian Migratory Waterbirds

Albatrosses and Petrels

Gorillas and their Habitats

In addition, several Memoranda of Understanding

(MoU) have been concluded to date under theauspices of CMS. They aim to conserve :

Siberian Crane

Slender-billed Curlew

Marine Turtles of the Atlantic Coast of Africa


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Marine Turtles and their Habitats of the Indian

Ocean and South-East Asia

Middle-European Population of the Great Bustard

Bukhara Deer

Aquatic Warbler

West-African Populations of the African Elephant

Saiga Antelope

Cetaceans and their Habitats of the Pacific Island

Region

Dugongs and their Habitats

Eastern Atlantic Populations of the Mediterranean

Monk Seal

Ruddy-headed Goose (Argentina and Chile)

Grassland Birds of Southern South America

Birds of Prey of Africa and Eurasia

Small Cetaceans and Manatees of West Africa

High Andean Flamingoes and their Habitats

Sharks

Huemuls (Andean Deer)

A Secretariat under the auspices of the United

Nations Environment Programme (UNEP) provides

administrative support to the Convention. The

decision-making organ of the Convention is the

Conference of the Parties (COP). A Standing

Committee provides policy and administrative

guidance between the regular meetings of the COP. A

Scientific Council consisting of experts appointed by

individual member States and by the COP, gives

advice on technical and scientific matters.

International Convention for the Regulation

of Whaling

The International Convention for the Regulation of

Whaling is an international environmental agreement

signed in 1946 in order to "provide for the proper

conservation of whale stocks and thus make possible

the orderly development of the whaling industry".[1]

It governs the commercial, scientific, and aboriginal

subsistence whaling practices of fifty-nine member

nations.

It was signed by 15 nations in Washington, D.C. on

December 2, 1946[2] and took effect on November

10, 1948. Its protocol (which represented the first

substantial revision of the convention and extended

the definition of a "whale-catcher" to include

helicopters as well as ships) was signed in

Washington on November 19, 1956. The convention is

a successor to the International Agreement for the

Regulation of Whaling, signed in London on June 8,

1937, and the protocols for that agreement signed in

London on June 24, 1938, and November 26, 1945.

The objectives of the agreement are the protection of

all whale species from overhunting, the establishment

of a system of international regulation for the whale

fisheries to ensure proper conservation and

development of whale stocks, and safeguarding for

future generations the great natural resources

represented by whale stocks. The primary instrument

for the realization of these aims is the International

Whaling Commission which was established

pursuant to this convention. The commission has

made many revisions to the schedule that makes up

the bulk of the convention. The Commission process

has also reserved for governments the right to carry

out scientific research which involves killing of

whales.

The Cartagena Protocol on Biosafety

The Cartagena Protocol on Biosafety to the

Convention on Biological Diversity is an international

agreement which aims to ensure the safe handling,

transport and use of living modified organisms

(LMOs) resulting from modern biotechnology that

may have adverse effects on biological diversity,

taking also into account risks to human health. It was

adopted on 29 January 2000 and entered into force

on 11 September 2003.

The Nagoya Protocol on Access and Benefit-

sharing

The Nagoya Protocol on Access to Genetic Resources

and the Fair and Equitable Sharing of Benefits

Arising from their Utilization to the Convention on

Biological Diversity is an international agreement

which aims at sharing the benefits arising from the

utilization of genetic resources in a fair and equitable

way, including by appropriate access to genetic


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resources and by appropriate transfer of relevant

technologies, taking into account all rights over those

resources and to technologies, and by appropriate

funding, thereby contributing to the conservation of

biological diversity and the sustainable use of its

components. It was adopted by the Conference of the

Parties to the Convention on Biological Diversity at

its tenth meeting on 29 October 2010 in Nagoya,Japan. The Nagoya Protocol will enter into force 90

days after the date of deposit of the fiftieth

instrument of ratification.

The fair and equitable sharing of the benefits arising

out of the utilization of genetic resources is one of the

three objectives of the Convention on Biological

Diversity.

International Convention for the Prevention

of Pollution of the Sea by Oil

The potential for oil to pollute the marineenvironment was recognised by the International

Convention for the Prevention of Pollution of the Sea

by Oil, 1954 (OILPOL 1954). The Conference

adopting the Convention was organised by the United

Kingdom government, and the Convention provided

for certain functions to be undertaken by IMO when

it came into being. In fact, the Convention

establishing IMO entered into force in 1958 just a few

months before the OILPOL convention entered into

force, so IMO effectively managed OILPOL from the

start, initially through its Maritime Safety Committee.

The OILPOL Convention recognised that most oil

pollution resulted from routine shipboard operations

such as the cleaning of cargo tanks. In the 1950s, the

normal practice was simply to wash the tanks out

with water and then pump the resulting mixture of oil

and water into the sea.

OILPOL 54 prohibited the dumping of oily wastes

within a certain distance from land and in 'special

areas' where the danger to the environment was

especially acute. In 1962 the limits were extended by

means of an amendment adopted at a conference

organised by IMO.

Meanwhile, IMO in 1965, set up a Subcommittee on

Oil Pollution, under the auspices of its Maritime

Safety committee, to address oil pollution issues.

Prevention of Marine Pollution by Dumping

of Wastes and Other Matter

The Inter-Governmental Conference on the

Convention on the Dumping of Wastes at Sea, which

met in London in November 1972 at the invitation of

the United Kingdom, adopted this instrument,

generally known as the London Convention. The

London Convention, one of the first international

conventions for the protection of the marine

environment from human activities, came into forceon 30 August 1975. Since 1977, it has been

administered by IMO.

The London Convention contributes to the

international control and prevention of marine

pollution by prohibiting the dumping of certain

hazardous materials. In addition, a special permit is

required prior to dumping of a number of other

identified materials and a general permit for other

wastes or matter.

"Dumping" has been defined as the deliberate

disposal at sea of wastes or other matter from vessels,

aircraft, platforms or other man-made structures, as

well as the deliberate disposal of these vessels or

platforms themselves. Annexes list wastes which

cannot be dumped and others for which a special

dumping permit is required.

Amendments adopted in 1993 (which entered into

force in 1994) banned the dumping into sea of low-

level radioactive wastes. In addition, the amendments

phased out the dumping of industrial wastes by 31

December 1995 and banned the incineration at sea of

industrial wastes.

In 1996, Parties adopted a Protocol to the

Convention on the Prevention of Marine Pollution by

Dumping of Wastes and Other Matter, 1972 (known

as the London Protocol) which entered into force in

2006.

The Protocol, which is meant to eventually replace

the 1972 Convention, represents a major change of

approach to the question of how to regulate the use of

the sea as a depository for waste materials. Rather

than stating which materials may not be dumped, it

prohibits all dumping, except for possibly acceptable

wastes on the so-called "reverse list", contained in an

annex to the Protocol.

The London Protocol stresses the precautionary

approach, which requires that appropriate

preventative measures are taken when there is reason

to believe that wastes or other matter introduced into


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the marine environment are likely to cause harm even

when there is no conclusive evidence to prove a

causal relation between inputs and their effects.

It also states that "the polluter should, in principle,

bear the cost of pollution" and emphasizes that

Contracting Parties should ensure that the Protocol

should not simply result in pollution being

transferred from one part of the environment to

another.

The Contracting Parties to the London Convention

and Protocol have recently taken steps to mitigate the

impacts of increasing concentrations of CO2 in the

atmosphere (and consequently in the marine

environment) and to ensure that new technologies

that aim to engineer the climate, and have the

potential to cause harm to the marine environment,

are effectively controlled and regulated. The

instruments have, so far, been the most advanced

international regulatory instruments addressing

carbon capture and sequestration in sub-sea

geological formations and marine climate

engineering such as ocean fertilization.

The 1996 Protocol restricts all dumping except for a

permitted list (which still require permits).

Article 4 states that Contracting Parties "shall

prohibit the dumping of any wastes or other matter

with the exception of those listed in Annex 1."

The permitted substances are:

1. Dredged material

2. Sewage sludge

3. Fish waste, or material resulting from industrial

fish processing operations

4. Vessels and platforms or other man-made

structures at sea

5. Inert, inorganic geological material

6. Organic material of natural origin

7. Bulky items primarily comprising iron, steel,

concrete and similar unharmful materials for which

the concern is physical impact and limited to those

circumstances, where such wastes are generated at

locations, such as small islands with isolated

communities, having no practicable access to disposal

options other than dumping.

8. CO2 streams from CO2 capture processes.(added

under the amendments adopted in 2006, which

entered into force in 2007).

Basel Convention on the Control of

Transboundary Movements of HazardousWastes

The Basel Convention on the Control of

Transboundary Movements of Hazardous Wastes and

their Disposal was adopted on 22 March 1989 by the

Conference of Plenipotentiaries in Basel, Switzerland,

in response to a public outcry following the discovery,

in the 1980s, in Africa and other parts of the

developing world of deposits of toxic wastes imported

from abroad.

Awakening environmental awareness andcorresponding tightening of environmental

regulations in the industrialized world in the 1970s

and 1980s had led to increasing public resistance to

the disposal of hazardous wastes in accordance

with what became known as the NIMBY (Not In My

Back Yard) syndrome and to an escalation of

disposal costs. This in turn led some operators to seek

cheap disposal options for hazardous wastes in

Eastern Europe and the developing world, where

environmental awareness was much less developed

and regulations and enforcement mechanisms were

lacking. It was against this background that the Basel

Convention was negotiated in the late 1980s, and its

thrust at the time of its adoption was to combat the

toxic trade, as it was termed. The Convention

entered into force in 1992.

Objective

The overarching objective of the Basel Convention is

to protect human health and the environment against

the adverse effects of hazardous wastes. Its scope of

application covers a wide range of wastes defined as

hazardous wastes based on their origin and/orcomposition and their characteristics, as well as two

types of wastes defined as other wastes - household

waste and incinerator ash.

Aims and provisions

The provisions of the Convention center around the

following principal aims:


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the reduction of hazardous waste generation and the

promotion of environmentally sound management of

hazardous wastes, wherever the place of disposal;

the restriction of transboundary movements of

hazardous wastes except where it is perceived to be in

accordance with the principles of environmentally

sound management; and

a regulatory system applying to cases where

transboundary movements are permissible.

The first aim is addressed through a number of

general provisions requiring States to observe the

fundamental principles of environmentally sound

waste management (article 4). A number of

prohibitions are designed to attain the second aim:

hazardous wastes may not be exported to Antarctica,

to a State not party to the Basel Convention, or to a

party having banned the import of hazardous wastes

(article 4). Parties may, however, enter into bilateralor multilateral agreements on hazardous waste

management with other parties or with non-parties,

provided that such agreements are no less

environmentally sound than the Basel Convention

(article 11). In all cases where transboundary

movement is not, in principle, prohibited, it may take

place only if it represents an environmentally sound

solution, if the principles of environmentally sound

management and non-discrimination are observed

and if it is carried out in accordance with the

Conventions regulatory system.

The regulatory system is the cornerstone of the Basel

Convention as originally adopted. Based on the

concept of prior informed consent, it requires that,

before an export may take place, the authorities of the

State of export notify the authorities of the

prospective States of import and transit, providing

them with detailed information on the intended

movement. The movement may only proceed if and

when all States concerned have given their written

consent (articles 6 and 7). The Basel Convention also

provides for cooperation between parties, rangingfrom exchange of information on issues relevant to

the implementation of the Convention to technical

assistance, particularly to developing countries

(articles 10 and 13). The Secretariat is required to

facilitate and support this cooperation, acting as a

clearing-house (article 16). In the event of a

transboundary movement of hazardous wastes

having been carried out illegally, i.e. in contravention

of the provisions of articles 6 and 7, or cannot be

completed as foreseen, the Convention attributes

responsibility to one or more of the States involved,

and imposes the duty to ensure safe disposal, either

by re-import into the State of generation or otherwise

(articles 8 and 9).

The Convention also provides for the establishment

of regional or sub-regional centres for training and

technology transfers regarding the management of

hazardous wastes and other wastes and the

minimization of their generation to cater to the

specific needs of different regions and subregions

(article 14). Fourteen such centres have been

established. They carry out training and capacity

building activities in the regions.

The Rotterdam Convention

ON THE PRIOR INFORMED CONSENT

PROCEDURE FOR CERTAIN HAZARDOUS

CHEMICALS AND PESTICIDES ININTERNATIONAL TRADE

The Rotterdam Convention on the Prior Informed

Consent Procedure for Certain Hazardous Chemicals

and Pesticides in International Trade (referred to as

the Rotterdam Convention; also commonly known as

PIC) entered into force on 24 February 2004.

Following ratification by the Australian Government

on 20 May 2004, the obligations of the Rotterdam

Convention entered into force for Australia on 18

August 2004.

The objective of the Convention is to promote shared

responsibility and cooperative efforts among Parties

in the international trade of certain hazardous

pesticide and industrial chemicals to protect human

health and the environment from potential harm and

to contribute to their environmentally sound use, by

facilitating information exchange about their

characteristics. The Rotterdam Convention allows the

continuation of trade in chemicals, without

mandating bans or phase-outs of chemicals. The

Convention provides for a national decision-makingprocess on the import of these chemicals, and

disseminates those decisions to Parties. It also

provides for importing Parties to receive information

on a chemical being exported from a country that has

banned or severely restricted it on human health

and/or environment grounds.


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Stockholm Convention on Persistent Organic

Pollutants

The Stockholm Convention on Persistent Organic

Pollutants is a global treaty to protect human health

and the environment from chemicals that remain

intact in the environment for long periods, become

widely distributed geographically, accumulate in the

fatty tissue of humans and wildlife, and have adverse

effects to human health or to the environment.

Exposure to Persistent Organic Pollutants (POPs) can

lead serious health effects including certain cancers,

birth defects, dysfunctional immune and

reproductive systems, greater susceptibility to disease

and even diminished intelligence. Given their long

range transport, no one government acting alone can

protect is citizens or its environment from POPs. In

response to this global problem, the Stockholm

Convention, which was adopted in 2001 and entered

into force in 2004, requires Parties to take measuresto eliminate or reduce the release of POPs into the

environment. The Convention is administered by the

United Nations Environment Programme and is

based in Geneva, Switzerland.

The Basel, Rotterdam and Stockholm Conventions

are multilateral environmental agreements, which

share the common objective of protecting human

health and the environment from hazardous

chemicals and wastes. These agreements can assist

countries to manage chemicals at different stages of

their life-cycle.

Recognizing the potential for synergistic work under

the three conventions at the national, regional and

global levels, the international community has

worked over the past years on enhancing cooperation

and coordination among the Basel, Rotterdam and

Stockholm Convention. These efforts culminated in

the adoption of recommendations on enhancing

cooperation and coordination among the three

conventions by the three Conferences of the Parties

held in 2008 and 2009, and the holding of

simultaneous extraordinary meetings of theConferences of the Parties to the Basel, Rotterdam

and Stockholm Conventions in Bali, Indonesia in

February 2010.

Under the Stockholm Convention there are four types

of observers:

1. States not Party to the Convention (Non-Party

States);

2. United Nations, its specialized agencies,

International Atomic Energy Agency and the Global

Environment Facility ;

3. National and international intergovernmental

bodies and agencies accredited by the Conference of

the Parties of the Stockholm Convention;

4. National and international nongovernmentalbodies and agencies accredited by the Conference of

the Parties of the Stockholm Convention.

Non-Party States may nominate contact points for

communications concerning matters pertaining to

the Convention. Non-Party States may nominate

official contact points for administrative and other

formal communications using this form and may

nominate national focal points for the exchange of

information pursuant to Article 9 of the Convention

using this form.

National and international nongovernmental bodies

or agencies qualified in matters covered by the

Convention that wish to be acceded to meetings of the

Conference of the Parties submit information listed in

international response to environmental issues.docx

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