simon.fiala@seznam.

cz

K & M Chapter 11: Protecting the environment

In: Margaret P. Karns and Karen A. Mingst (Eds.). International organizations: the politics and processes of global governance/ 2nd ed. Pp. 497-534.

Notes:
Case study: Global Warming o In 1992 more 100 countries acknowledged the existence of human-driven global warming and the need to act Global warming is an indisputable fact o Kyoto protocol expires in 2012; talks on its renewal run from 2007 There is consensus that the successor agreement should regulate also India and China, who were formerly freed from having to respect restrictions and limits The US (missing from the original agreement) must join if the successor agreement is to have any value (US currently produces twice as much greenhouse gasses than an average EU country) o The global warming issue is an instance where the need for multilevel global governance is urgently needed Relating environmental problems to security, economics and human rights o Global warming changes functioning of ecosystems, have impacts on agricultural production Activity of people on one side of the globe burdens people on the other side with serious and tangible externalities o Effects of global warming constitute serious threat for human security. As resources get scarcer, violent competition over essential resources threatens to erupt Competition over non-renewable resources already sparked war on several occasions in the history Oil wars Access to water Israel x Jordan The struggle for diminishing essential resources can and will cause instability of and changes in the current world order o Environmental issues are not merely environmental have far ranging economic, human rights, and security implications Emergence of the environment as an issue area o Only in the 1960s o Emerged thanks to: Better understanding of how the environment works and means to verify environmental degradation (i.e. science) Rise of the environment-oriented civil society + especially grave industrial catastrophes + rising perception of the planet as one single entity (seeing the planet from space) o Sparked debate: the tragedy of the global commons How to manage the commons? How to share responsibility? How to prevent overexploitation? The pieces of global environmental governance

simon.fiala@seznam.cz o The UN sponsored conferences have played a key role in the evolution of the global environmental governance The Stockholm conference (1972) (Preceded by the First international conference on the env. 1968 (UNESCO)) The UN Conference on the Human Environment (UNCHE) + parallel NGO forum Initiated the environmental debate Planted the concern over the environment into the popular consciousness Problem: LDCs concerned over the deceleration of the economic growth. Environmental damage considered to be a problem caused by rich countries and therefore to be attended to by rich countries The Stockholm Declaration o Soft-law statement o 23 principles binding states to attend to the problem o Call for creation of a new UN environment programme The World Commission on Environment and Development: Our Common Future Coined the idea of sustainable development (development that meets the needs of the present without compromising the ability of future generations to meet their own needs) The South cannot develop the same way the North did, because humanity would not survive that The Rio Conference (1992) Earth Summit held in Rio de Janeiro Convened in the aftermath of scientists publishing series of articles stating the discovery of the ozone hole, depletion of fisheries and loss of biodiversity Accomplishments: o Integration of environmental and development policies (and gradual greening of the WB projects) o Establishing Direct NGO participation o Tackled the issue of common responsibility vs. national sovereignty o Creation of the Commission on Sustainable Development (1993) Several conferences followed that reinforced the sustainable development discourse The Johannesburg Summit (2002) The UN World Summit on Sustainable Development (Rio Plus 10) Problems: o The South representatives arrived only to lobby for more aid o The US was quite uncommitted to taking significant steps o There was disillusionment with the notion of sustainable development many concerned only about the latter part Outcome: Plan of Implementation o Targets: access to clean water; restoration of fisheries; reduction of biodiversity loss; better use of chemicals; more renewable energy 2

simon.fiala@seznam.cz The mega conference proved to be a disappointment o The role of NGOs NGOs vary in their preference of approaches, paradigms they subscribe to, stance towards institutional status quo NGOs fulfil roles Research and creation of knowledge o Documenting the situation Independent, therefore potentially critical assessment o Developing policy proposals + direct work with policymakers Monitoring o pushing for compliance where there are laws in action o publishing when there is a gap Working with the public o Discourse formation o Mainstreaming into the media o Rallying the public o The role of epistemic communities Networks of professionals providing officials with awareness and policy options Develop vital data, expose problems E.g. the Intergovernmental Panel on Global Change Have to be nurtured. Legitimacy has to be won by including experts from peripheral countries Global environmental regimes and institutions o Principles of an environmental regime (customary law) No significant harm: states activities must not burden neighbours with extensive externalities Good neighbour: states cooperate should an environmental problem arise The polluter pays principle The precautionary principle: take action on the basis of scientific warning The preventive action principle The non-discriminatory principle: domestic and intl problems to be treated the same way Sustainable development o Global environmental agreements More than 500 multilateral agreements Mostly treating specific issues, only lately there has been treaties proliferated having a global reach Mostly call for establishment of a small secretariat with one or more subsidiary bodies. Few include dispute settlement or enforcement mechanisms weak o International environmental institutions A legacy of the UN sponsored conferences Help to set standards and monitor state behaviour The UN Environment Programme (UNEP, 1972) The chief product of the Stockholm conference Headquarters in Nairobi (first to be headquartered in an LDC) 3

simon.fiala@seznam.cz Responsibilities o Promoting international coop. on env. issues, overseeing the Regional Seas program (related to 140 countries), Overseeing the development of dams o Early warning; monitoring international env., conducting research, o Provide direction to UN environmental programs Problem: funding depends on small UN Foundation contributions and donations (major powers perceive it to be captured by LDCs) The Global Environmental Facility (GEF, 1991) Created by the WB Most prominent funder of env. projects in low and middle income countries Goal: covering incremental costs of env. friendly projects that may not bring immediate economic return 2000 projects in 160 countries, USD 8bn disbursed The Commission on Sustainable Development Outcome of the Rio conference, designed to implement the Agenda 21 Task: monitoring through collecting and dissemination of reports from states, UN bodies, non-gov. actors No authority, rather a talk-shop The WB getting green A mixed account: the Bank often privileged economic aspects while environmental aspects were completely neglected (e.g. dams) Environmental related staff expanded Environment added to the annual World Development Report 2008: Banks Independent Evaluation Group examined 7000 projects; found that in each step there has been insufficient focus on the environmental impacts Q: did the bank fundamentally alter its attitude towards the environment? The world trade getting green GATT also reluctant to embrace the environmental agenda o Ethos: nothing must stand in the way of trade The WTO o Gradually forced to address the conflict between growth and sustainability o 1994 agreement on sustainable development Countries can ban imports from particular countries if concerned about production processes o The WTO dispute settlement body has ruled in favour of environmental concerns on several occasions France banning the import of asbestos US banning import of shrimps harvested in a way that damages sea turtle communities, o Yet the WTO is far from being green No commitment to environmental protection 4

simon.fiala@seznam.cz Multi-stakeholder governance Commissions being composed of representatives of business, government, research institutes, NGOs, civil society, ; Together they devise norms and approaches o E.g. the World Commission on Dams Hybrid governance Regional environmental governance o Many env. issues require regional rather than global response o There is a number of regional organizations concerned with the environment, a number of treaties exists o Subsidiarity principle: decisions are most effective when taken at the lowest possible level o The EU Has the strongest environmental regime Speaks for the cause abroad Two principles: The polluter pays for restoration Preventive action should be taken (the precautionary principle) The EU sets environmental standards for all steps from production to consumption The EU environmental law Various bans and regulations Movement from regulations to directives (regulation immediate, directives comprehensive long term objectives, countries decide how to implement) Consumers given power to do informed choices (eco labels etc.) Monitoring: the European Environmental Bureau Mechanisms developed to support environmental initiatives with funding (e.g. LIFE) The rich-poor countries divide complicates the efforts Over-all, the EU has been effective in maintaining environmental standards The Court of Justice is ready to take measures in case of noncompliance o NAFTA Approached the env. problem from two different angles Sanitary and phytosanitary measures each country established its own level of protection Explicit linkage between trade and the environment more comprehensive than in the WTO o Each party is entitled to place ban on imports if compliance with environmental standards is in question (as long as it is not an attempt to discriminate) The North American Commission for Environmental Cooperation Addresses regional environmental issues Encourages compliance with domestic law and promotes cooperation (but doesnt set standards itself) Concerns of both MNCs and NGOs are taken into account

simon.fiala@seznam.cz conflicts settled by the WB International Centre for Investment Disputes unclear enforcement mixed account in prevention of environmental damage o has sufficient institutional structure, but fails in certain instances e.g. export of hazardous waste to Mexico o

ASEAN Incorporated the environmental issue in its agenda, cooperates extensively with NGOs, yet fails to act multilaterally in the case of crises The region is extremely environmentally fragile o Haze caused by Indonesian forest fires o Poor farming practices involving lots of chemicals o Urban pollution o Little environmental consciousness o Economic competitiveness has much bigger weight than protection of the environment Regional networks developed in cooperation with Western governments and NGOs in 1990s Little success in tackling crises countries not interested or incapable to respond o But crises mobilized the civil society sector more pressure o 2003 ASEAN Agreement on Transboundary Haze Pollution o Regional environmental agreements In many cases environmental issues are settled on the regional level E.g. rivers crossing boundaries of states Regimes and institutions on the global, regional and local levels all contribute to environmental governance o Provide principles and rules that become embedded in organizations; they help to develop capacities, are used to create comprehensive policies The challenges of implementation, compliance and effectiveness o Conflicting claims: A. There is a need to restructure environmental governance, more centralization, new architecture B. Instead of building new structures we should focus on defining underlying notions of care about the environment, such as sustainable development. o Political struggle rages over the design of environmental protection Bottom up? Top down? Strengthening institutions? Enabling governments? Empowering non-state actors? Innovative solutions needed