multilateral environmental agreements (meas) swedish international development agency s ession 3...
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Multilateral Environmental Agreements (MEAs)
Swedish International Development Agency
SESSION 3
United Nations Environment ProgramDivision of Technology Industry and Economy
ACME Applying CLEANER PRODUCTION to MULTILATERAL ENVIRONMENTAL AGREEMENTS
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OUTLINEObjectives of this session
1/ Background information > Why do we need Multilateral Environmental Agreements?
2/ Main clusters > What topics do MEA deal with? > How industries are concerned?
3/ Organisation of MEA > How are they developed and organised?
4/ Implementation > How could we strengthen MEA?
BACKGROUNDWhat are MEAs ?
MEAs are international legal instruments that:> have a goal of environmental protection (sustainable development);
> take measures to remedy, mitigate or otherwise deal with global and/or regional environmental concerns;
> are concluded between a large number of states or international organizations as Parties;
> can be embodied in a single instrument or more related instruments;
> are governed by international law;
> are concluded in written form.
Many global environmental issues don’t stop at the border:> they are caused by sources thousands of kilometers away;
> they can have a regional or even a global impact.
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1972 - Stockholm Conference on the Human Development
BACKGROUNDMilestones in the evolution of MEAs
1992 - Rio Conference on Environment and Development
> First attempt to address relationship between environment and development at global level;
> Adopted first global action plan for the environment;
> Established UNEP.
> National and international policies redirected towards integration of environmental, economic and social objectives;
> 2 main outputs: Rio Declaration and Agenda 21;
> Accelerated the development of modern MEAs: more than 60% of present MEAs established after 1992.
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BACKGROUNDNumber of parties to MEAs
Stockholm Conference (1972) Rio Conference (1992)
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ATMOSPHERESEAS
CHEMICALS & HAZARDOUS
WASTELAND
MAIN CLUSTERSScope of MEAs: 5 topics
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BIODIVERSITY
MAIN CLUSTERSBiodiversity / Land / Seas
MEAs related to protection and conservation of BIODIVERSITY.
MEAs focussing on protecting LAND from “negative altering”.
MEAs relevant to the regional seas & MARINE ENVIRONMENT.
> Convention on Biological Diversity (CBD);
> Others include CITES, CMS, Ramsar Convention on Wetlands etc.
> UN Convention to Combat Desertification (UNCCD);
> 3 Rio Conventions linked to climate change and biodiversity.
> 17 Regional Seas Conventions;
> Global Program of Action for the protection of the marine environment from land-based activities (GPA).
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MAIN CLUSTERSAtmosphere / Wastes & chemicals
MEAs aimed at protection of the ATMOSPHERE from pollutants.
> Montreal Protocol on substances that deplete the ozone layer;
> UNFCCC (UN Framework Convention on Climate Change) and the linked Kyoto Protocol.
MEAs dealing with hazardous WASTES & CHEMICAL pollution.
3 MEAs with direct relevance to industrial activities.
> Basel Convention on the control of transboundary movement of hazardous wastes and their disposal;
> Rotterdam Convention on the prior informed consent for certain hazardous chemicals and pesticides in international trade;
> Stockholm Convention on Persistent Organic Pollutants (POPs).> Stockholm Convention
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> Basel Convention
> UNFCCC
ORGANISATIONFrom negotiation to ratification
How are MEA’s developed ?> A negotiation process between countries involved;
> Often initiated and facilitated/moderated by UNEP;
> Resulting in a mutual agreed and signed protocol during a high-level tailored conference.
> Initial agreement (international legal instrument) are signed between the signatories (states);
> MEAs include provision on number of ratification from signatories needed to come into force;
> Once a country (or “Party”) ratifies, accepts, approves or accedes an MEA, it is subject to the provisions under the MEA.
How do MEAs come into force ?
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ORGANISATIONKey concepts
Non-binding instruments
Legally binding instruments
“ Sets commitments in form of legally binding targets and time-tables. ”
“ Set out important issues and priorities, foster discussion and attention, and stimulate new thinking and development of legally binding instruments. ”
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ORGANISATIONHow do MEAs work ?
> Converting international commitments into national measures.
IMPLEMENTATION
> Countries adhere to the agreement provisions and undertake implementation measures (e.g. national reporting).
COMPLIANCE
> Formal (national or international) procedures and actions by which compliance is compelled or noncompliance deterred.
ENFORCEMENT
> Whether a MEA resolves a problem that caused its creation.
EFFECTIVENESS
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ORGANISATIONInstitutional elements
> Decision-making body on implementation and development of MEAs.
COP – Conference of Parties
> Support to COP (provided by an international organization).
Secretariat
> Generally advisory in nature, report to COP on scientific, technical, or financial matters.
Executive and subsidiary bodies
> Facilitate exchange of information (websites, databases, etc.).
Clearinghouses
> Represented by the national authorities and/or institutions, training and information centers.
Implementation actors on national level
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ORGANISATIONFinancial mechanisms
> Mandatory or voluntary trust funds administered by the Secretariats;
> Proposed by Parties and approved by the COP.
Regime budgets
> Funds provided via foundations (e.g. UN Foundation), bilateral arrangements, private sector donors and NGOs.
> World Bank.
Development assistance
> A co-financing mechanism to address global environmental issues;
> GEF focal areas : biodiversity, climate change, international waters, ozone depletion, POPs, land degradation.
Global Environment Facility (GEF)
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IMPLEMENTATIONStrengths & weaknesses of MEA’s
> Joint strategy to deal with global issues;
> Clearly defines who should do what;
> Conflict settlement instruments;
> Provides increased attention to preventive - precautionary approach.
> Lack of synergy among MEAs;
> Inadequate funding for many MEAs;
> Lack of performance indicators;
> Inadequate coordination among MEA’s at national level;
> No international enforcement mechanisms in most MEAs.
STRENGTHS
WEAKNESSES
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IMPLEMENTATIONHow to strengthen MEAs ?
How to overcome the perceived weaknesses ?> More integrated application for specific targets groups (e.g. industry);
> Utilization of other concepts/methodologies (e.g. Cleaner Production).
How can Cleaner Production contribute to MEAs ?> Wider use of prevention as the strategy of environmental protection;
> Issue linkage and providing positive incentives for compliance and implementation of MEAs;
> Strengthening synergies among MEAs;
> Adding flexibility to the agreements.
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IMPLEMENTATIONWhat can Cleaner Production do ?
What are the advantages of cross-cutting capacity building activities of Cleaner Production initiatives and MEAs ?
> Policy advice;
> Technical and financial assistance;
> Assessment and management of pollution;
> Education and awareness;
> Information exchange;
> Strengthened participation of all stakeholders in the decision-making;
> International partnership.
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