ENVIRONMENT: INTERNATIONAL CONVENTIONS 1

ENVIRONMENT: INTERNATIONAL CONVENTIONS AND RELATED NATIONAL
AND INTERNATIONAL DEVELOPMENTS



Introduction

The importance of international cooperation across a diversity of topics is increasingly recognized. An ever more interconnected world demands multilateral approaches to trade, security, migration, and a host of other issues. In the environmental context, in particular, there is an appreciation that environmental degradation is often a global problem and, as such, requires global responses. The depletion of the ozone layer, loss of biodiversity and spread of persistent organic pollutants, for instance, resulted from human activity in countries around the world and have impacts that extend far beyond national borders. As a result, domestic conservation and environmental management strategies alone are insufficient to conserve shared natural resources and safeguard the global ecosystem. International cooperation is not only fundamental; it has also been recognized as the best and most effective way for governments to tackle trans-boundary or global environmental problems.

The growth of international concern to protect migratory wild life, marine animals and fisheries started during 1872 itself i.e. a century before Stockholm conference but due to the absence of institutional machinery, treaties proved to be not so effective. The machinery that was chosen for international concern was a group of private citizens i.e., the non-governmental congress for protection of nature.

The environment has always been critical to life but concerns over the balance between human life and the environment assumed international dimensions only during the 1950’s. The 1970’s was the foundation of modern environmentalism. It was for the first time when various countries for the first time came together to discuss the concerns of environmental pollution, global warming and threat to ozone layer.

The principle of common but differentiated responsibilities is elaborated in the Rio Declaration: “States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.”
In light of the principle of common but differentiated responsibilities, MEAs1  seek to address environmental problems in a balanced and equitable manner, acknowledging the different contribution of countries to the causes of environmental problems and their diverse capacities to resolve them. To accomplish this, each MEA contains different sets of measures intended to complement and support each other, typically with provisions establishing regulatory parameters.

International Conventions and Treaties

International environmental policies are in the form of treaties, multilateral agreements, conventions and conferences. An overview of some of the major multilateral agreements, treaties and conventions on environment obligations are discussed below:







1 Multilateral Environmental Agreements




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1971: Convention  on  Wetlands  of  International  Importance,  especially  as
Waterfowl Habitat ("Ramsar Convention")

The  Ramsar  Convention  is  an  international  treaty  for  the  conservation  and  sustainable utilization of wetlands, i.e. to stem the progressive encroachment on and loss of wetlands now and in the future, recognizing the fundamental ecological functions of wetlands and their economic, cultural, scientific, and recreational value. The Ramsar Convention is the only global environmental treaty that deals with a particular ecosystem. The treaty was adopted in the Iranian city of Ramsar in 1971 and the Convention's member countries cover all geographic regions of the planet. The Convention uses a broad definition of the types of wetlands covered in its mission, including lakes and rivers, swamps and marshes, wet grasslands and peat lands, oases, estuaries, deltas and tidal flats, near-shore marine areas, mangroves and coral reefs, and human-made sites such as fish ponds, rice paddies, reservoirs, and salt pans.

1972: Stockholm Declaration

The United Nations Conference on the human environment held at Stockholm on 5th and 6th June 1972, generally called as the Stockholm Conference, was the first declaration of international protection of the environment. In the conference, 113 States, including India, participated and accepted the declaration. The Stockholm Declaration contains 26 principles. These  principles  provide  the  basis  of  an  International  Policy  for  the  Protection  and improvement  of  the  environment.  The  United  Nations  Environment Programme  has  been established by the United Nations General Assembly in pursuance of the Stockholm Conference. The UNEP worked as catalyst stimulator and coordinator among the member states on the environmental action.

1973: Convention on International Trade in Endangered species of Wild flora and fauna (CITES)

The Conference aimed to control or prevent international commercial trade in endangered species or products derived from them. The Convention did not seek to directly protect endangered species, rather it aimed to reduce the economic incentive to poach endangered species and destroy their habitat by closing off the international market.

1982: Nairobi Declaration

The Nairobi Declaration was adopted at Nairobi for celebrating the 10th Anniversary of the Stockholm conference on human Environment in 1972. The Declaration envisaged the creation of a special commission to frame long term environment strategies for achieving sustainable developments upto the year 2000 and beyond. The Declaration was endorsed by the governing Council of United Nations Environment Programme (UNEP) in 1987.

1985: Vienna convention for the protection of ozone layer

The Vienna Convention was adopted in 1985. It became an important legal basis for taking international action to protect the Earth’s stratospheric ozone layer. Among the objectives set out in the Convention is 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 administrative measures against activities likely to have adverse effects on the ozone layer.








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1987: Montreal Protocol on Substances that Deplete the Ozone Layer

The Montreal Protocol is an international treaty designed to protect the ozone layer by phasing out the production of a number of substances believed to be responsible for ozone depletion. The treaty is structured around several groups of halogenated hydrocarbons that have been shown to play a role in ozone depletion. All of these ozone depleting substances contain either chlorine or bromine (substances containing fluorine-only do not harm the ozone layer). The treaty was opened for signature in 1987 and entered into force in 1989. Since then, it has undergone five revisions, in 1990 (London), 1992 (Copenhagen), 1995 (Vienna), 1997 (Montreal), and 1999 (Beijing). In a major innovation the protocol recognized that all nations should not be treated equally. The agreement acknowledges that certain countries have contributed to ozone depletion more than others. It also recognizes that a nation’s obligation to reduce current emissions should reflect its technological and financial ability to do so.

1987: Our Common Future: Report of the World Commission on Environment and Development ("Brundtland Report")

The concept of 'sustainable development' was crystallized in the 1987 report of the United Nations World Commission on Environment and Development - The Brundtland Commission - which drew upon long established lines of thought that had developed substantially over the previous 20 years. The Brundtland Commission's characterization of 'sustainable development' is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The prominence given to 'needs' reflects a concern to eradicate  poverty  and  meet  basic  human  needs,  broadly  understood.  The  concept  of sustainable development focused attention on finding strategies to promote economic and social development in ways that avoided environmental degradation, over-exploitation or pollution, and sidelined less productive debates about whether to prioritize development or the environment.

1992: Agenda 21

Agenda 21 is a comprehensive blueprint of action to be taken globally, nationally and locally by organisations of the UN, governments, and major groups in every area in which humans affect the environment. The number 21 refers to the 21st century. The full text of Agenda 21 was revealed at the 1992 United Nations Conference on Environment and Development (UNCED / "Earth Summit"), held in Rio de Janeiro on 14 June 1992 where 179 governments voted to adopt the program. The implementation of Agenda 21 was intended to involve action at international, national, regional and local levels. In 1997, the General Assembly of the UN held a special session to appraise five years of progress on the implementation of Agenda 21 (+5). The Johannesburg Plan of Implementation, agreed at the World Summit on Sustainable Development  (Earth  Summit  2002)  affirmed  UN  commitment  to  'full  implementation'  of Agenda 21, alongside achievement of the Millennium Development Goals and other international agreements.

1992: Framework Convention on Climate Change (UNFCCC)

The UNFCCC is an international environmental treaty produced at the Earth Summit in 1992. The treaty aims at reducing emissions of greenhouse gas in order to combat global warming. Its stated objective is "to achieve stabilization of greenhouse gas concentrations in the atmosphere at a low enough level to prevent dangerous anthropogenic interference with the climate system." The treaty as originally framed set no mandatory limits on greenhouse gas emissions for individual nations and contained no enforcement provisions; it is therefore considered




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legally non-binding. Rather, the treaty included provisions for updates (called "protocols") that would set mandatory emission limits. The principal update is the Kyoto Protocol, which has become much better known than the UNFCCC itself. The treaty was opened for signature in
1992 and entered into force in 1994.

1992: Convention on Biological Diversity

The Convention on Biological Diversity is an international treaty that was adopted at the Earth
Summit in 1992. The Convention has three main goals:

1.   Conservation of biological diversity (or biodiversity);
2.   Sustainable use of its components;
3.   Fair and equitable sharing of benefits arising from genetic resources.

In other words, its objective is to develop national strategies for the conservation and sustainable use of biological diversity. The convention recognized for the first time in international law that the conservation of biological diversity is "a common concern of humankind" and is an integral part of the development process. The agreement covers all ecosystems, species, and genetic resources. It links traditional conservation efforts to the economic goal of using biological resources sustainably. It sets principles for the fair and equitable sharing of the benefits. It also covers the rapidly expanding field of biotechnology through Cartagena Protocol on Biosafety, addressing technology development and transfer, benefit-sharing and biosafety issues. Importantly, the Convention is legally binding; countries that join it are obliged to implement its provisions.

1997: Protocol to the UNFCCC ("Kyoto Protocol")

The Kyoto Protocol is an agreement made under the UNFCCC. Countries that ratify this protocol commit to reduce their emissions of carbon dioxide and five other greenhouse gases (Methane, Nitrous Oxide, Sulphur Hexafluoride, Hydrofluorocarbons and Perfluorocarbons), or engage in emissions trading if they maintain or increase emissions of these gases. Under the protocol, Governments are separated  into two general categories: countries  among the  developed nations, referred to as Annex 1 countries (who have accepted GHG emission reduction obligations  and must  submit  an  annual  greenhouse  gas  inventory);  and countries  among developing or least developed nations, referred to as Non-Annex 1 countries (who have no GHG emission reduction obligations but may participate in the Clean Development Mechanism). The Kyoto Protocol could enter into force once it was ratified by 55 countries, including countries responsible for 55 per cent of the developed world's 1990 carbon dioxide emissions.

By 2008-2012, Annex 1 countries have to reduce their GHG emissions by an average of 5% below their 1990 levels (for many countries, such as the EU member states, this corresponds to some  15%  below  their  expected  GHG  emissions  in  2008).  While  the  average  emissions reduction is 5%, national targets range from 8% reductions for the European Union to a 10% emissions increase for Iceland. Reduction targets expired in 2013. Kyoto Protocol includes "flexible mechanisms" which allow Annex 1 economies to meet their GHG targets by purchasing GHG emission reductions from elsewhere. These can be bought either from financial exchanges (International Emissions Trading Scheme) or from projects which reduce emissions in non- Annex 1 economies under the Clean Development Mechanism (CDM), or in other Annex-1 countries under the Joint Implementation (JI).

Only CDM Executive Board-accredited Certified Emission Reductions (CER) can be bought and sold in this manner. Under the aegis of the UN, Kyoto established this Bonn-based Clean





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Development Mechanism Executive Board to assess and approve projects (“CDM Projects”) in Non-Annex 1 economies prior to awarding CERs. (A similar scheme called “Joint Implementation” or “JI” applies in transitional economies mainly covering the former Soviet Union and Eastern Europe).The Protocol entered into force in 2005.

In Doha, Qatar, on 8 December 2012, the "Doha Amendment to the Kyoto Protocol" was adopted.2  During the first commitment period, 37 industrialized countries and the European Community committed to reduce GHG emissions to an average of five percent against 1990 levels. During the second commitment period, Parties committed to reduce GHG emissions by at least 18 percent below 1990 levels in the eight-year period from 2013 to 2020; however, the composition of Parties in the second commitment period is different from the first. Belarus, Cyprus, Kazakhstan, Malta are the country added to Annex B3  to the Kyoto Protocol. While Canada, Japan, New Zealand, Russia, USA are out of the Annex B list.

1998: Convention  on  the  Prior  Informed  Consent  Procedure  for  Certain Hazardous  Chemicals   and   Pesticides   in   International  Trade ("Rotterdam Convention")

The objectives of the Rotterdam Convention are: to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health and the environment from potential harm; and to contribute to the environmentally sound use of those hazardous chemicals, by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export and by disseminating these  decisions to Parties. The Convention creates legally binding obligations for the implementation of the Prior Informed Consent (PIC) procedure. The Rotterdam Convention was adopted in 1998 and entered into force in 2004.

2000: The Cartagena Protocol on Biosafety ("Cartagena Protocol")

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. lt establishes an advance informed
agreement (AlA) procedure for ensuring that countries are provided with the information necessary to make informed decisions before agreeing to the import of such organisms into their  territory.  The  Protocol  also  establishes  a  Biosafety  Clearing-House  to  facilitate  the exchange of information on living modified organisms and to assist countries in the implementation of the Protocol.

2001: Convention on Persistent Organic Pollutants ("Stockholm Convention")

The Stockholm Convention is an international legally binding agreement on persistent organic pollutants. Persistent organic pollutants (POPs) are organic compounds that are resistant to environmental degradation through chemical, biological, and photolytic processes. Because of




2  For detailed amendments to the Kyoto Protocol, refer COP 18 reference, later in the notes.

3  Annex B lists party quantified emission limitations or reduction commitments.





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this, they have been observed to persist in the environment, to be capable of long-range transport, bio accumulate in human and animal tissue, bio magnify in food chains, and to have potential significant impacts on human health and the environment. Intergovernmental Forum on Chemical Safety (IFCS) and the International Programme for Chemical Safety (IPCS) prepared a list, known as the Dirty Dozen, including eight organochlorine pesticides: aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, mirex and toxaphene; two industrial chemicals: hexachlorobenzene (HCB) and the polychlorinated biphenyl (PCB) group; and two groups of industrial by-products: dioxins and furans. The convention entered into force in 2004. Co- signatories agree to outlaw nine of the "dirty dozen" chemicals, limit the use of DDT to malaria control, and curtail inadvertent production of dioxins and furans.

2010: 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 (‘Nagoya Protocol’)

It 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 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 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. The Strategic Plan consists of 20 new biodiversity targets for 2020, termed the ‘Aichi Biodiversity Targets4’. Official decisions on an indicator set to measure progress towards the Aichi Biodiversity Targets will help cement the role the Partnership will play in supporting the CBD.





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