Need for a new UN Organ concerning Environmental Law

Introduction

In the current times, one of the most dominant International Organisation is the United Nations. The Influence of the UN is so vast that it is almost ubiquitous today with its six organs and multiple organisations. The system of organs that UN possesses today deals with a variety of different matters today. The UN started out as a body that was primarily concerned with maintenance of peace and order in the international realm. Today, however its functions have spread to variety of things from governing states behaviour at international level, to regulating human rights of various individuals to also having some effect in realm of International Environmental Law. Many believe that there are still many areas left that are either not governed at all or governed inadequately today.

Till, a few years back it was also involved in helping countries that were not self – sufficient enough or were still colonies to gain independence and become self – reliant again. This unique task was taken by one of the main organs of UN – Trusteeship Council. The Council acquired around 10 to 11 properties as trust properties after World War II. The properties were put under trusteeship of United Nations. However, today all these acquired territories have gained independence and become self – sufficient. So, today the trusteeship council has become a dormant organ instead of an actively functional one. The council is even not obliged to meet annually now like other organs. The goal with which the Council was established once has already been met. Today, the future of the Trusteeship Council seems rather bleak. There is a lot of debate and discussion today that the Trusteeship Council should be replaced with some other Organ that can deal with the many untouched and ungoverned issues of current times. There is no use of keeping the Council operational with it not having any purpose to serve. ^[1]

It only makes sense to replace the council with one of the most pressing issues of today that is environmental issues. Although, today in realm of international law there are many treaties, conventions and protocols governing various aspects related to environment. There are many issues that make all these treaties and conventions close to useless. There is not great implementation of these treaties, conventions, etc. due to which even though today, the environment is deteriorating at a very rapid rate the correction or mitigating measures are not applied and executed quick enough. This problem can lead to disastrous results in the long run for us.

 Environmental Law in Current Times

The major protocols, agreements and conventions that exist today in the field of International Law are as follows –

Paris Agreement (2015): The Paris Agreement on Climate Change is a legally binding international agreement on the subject of climate change. It was accepted by 196 Parties at the United Nations Conference on Climate Change (COP 21) in Paris on December 12, 2015, and went into effect on November 4, 2016.

Its goal is to keep global warming considerably below 2 degrees Celsius, preferably 1.5, compared with pre levels.

Countries aspire to reach global peaking of greenhouse gas emissions as soon as possible to produce a climate neutral world by mid-century in order to meet this long-term temperature objective.

Kyoto Protocol (1997): On December 11, 1997, the Kyoto Protocol was signed. It took effect on February 16, 2005, after a lengthy ratification procedure. The Kyoto Protocol now has 192 signatories.

In a nutshell, the Kyoto Protocol puts the United Nations Framework Convention on Climate Change into action by committing developed and developing nations to limit and reduce greenhouse gas (GHG) emissions in accordance with agreed-upon individual targets. The Convention merely requires those countries to establish mitigation plans and actions and to report on a regular basis.

Montreal Protocol (1987): The Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol on Substances that Deplete the Ozone Layer) is a major multinational environmental agreement that controls the manufacture and consumption of approximately 100 man-made compounds known as ozone depleting substances (ODS).

When such compounds are released into the atmosphere, they disrupt the stratospheric ozone layer, which protects humans and the environment from hazardous levels of UV light from the sun. The Protocol, which was adopted on September 15, 1987, is the only UN treaty to date that has been ratified by every country on the planet – all 198 UN Member States.

The Montreal Protocol gradually reduces the consumption and production of various ODS, with differing timetables for industrialised and developing countries (known as “Article 5 countries”).

 UNFCC Framework Convention on Climate Change (1992): The United Nations Framework Convention on Climate Change (UNFCCC) establishes the basic legal framework and principles for international climate change cooperation with the goal of stabilising atmospheric greenhouse gas (GHG) concentrations in order to avoid “dangerous anthropogenic interference with the climate system.”

 Vienna Convention for the Protection of the Ozone Layer (1985): The United Nations Environment Programme (UNEP) issued a World Plan of Action on the Ozone Layer in 1977, calling for extensive international research and monitoring of the ozone layer, and UNEP’s Governing Council authorised UNEP to draught a global framework convention on stratospheric ozone protection in 1981. The Vienna Convention, which was signed in 1985, is a framework agreement in which states undertake to collaborate on relevant research and scientific assessments of the ozone problem, to share information, and to take “necessary actions” to prohibit activities that disrupt the ozone layer. There are no explicit restrictions on substances that deplete the ozone layer in the requirements, which are broad in nature.

Issues Persisting In Environment Today

Problems with Environments Various Agreements And Treaties

• Many environmental agreements fail to work because governments of various countries simultaneously become a signatory to other agreements and treaties related to trade or economy that systematically “trumps” the issues of environment. For example, in the Rio Earth Summit that took place in 1992 – where no less than four important agreements were signed. At the same time, negotiations on the Uruguay round of the overall General Agreement on Tariffs and Trade (GATT) were going on, which then later led to the world Trade Organization (WTO), which then created environmental reform in individual countries far more tough.
• Rich countries have usually inspired world economic agenda which purposely establishes the underdeveloped or poor countries at a position inferior to terribly powerful companies. These Companies are then able to lobby, bully, cajole, or just turn a blind eye to national and international agreements and laws of the environment while operating in such countries. For instance, in African countries, a bunch of oil firms are established who are able to spread pollution escaping any responsibility or liability in return. Further, the biofuel companies cut down the forests and do whatever they require for their profit.
• Many countries sign environmental agreements at international conferences like Rio with a great deal of enthusiasm and promises but then tacitly fail to validate them or pass them into domestic law. For instance, the USA has failed to ratify a minimum number of at least of 10 important international environmental agreements. The likes of which are the Basel convention on Waste, the Treaty on Genetic Resources, the Antarctic Liability Annex, the biodiversity convention, and the United Nations convention on the law of the sea, and other many such important agreements.
• Many countries act in a very indecisive manner. Like in the case of climate change, Canada initially decided to ratify the Kyoto Protocol then again discarded all promises to scale back emissions for their “national interest”. The failure of the developed countries to affix treaties or agreements or ignore them significantly, which in turn then severely undermines the environmental protection on a global front.
• At one level the subject – matter of the question looks quite different. Climate change involves global pollutants emitted at places where goods are used or produced, whereas hazardous wastes are local pollutants separated from their place of generation or origin and are then shipped globally. That distinction implies that the world’s unpredictable waste issues are potentially solvable without any agreement or treaty because the pollution doesn’t generally cross or transgress international borders. With this in mind, the fact that the Basel Convention and Ban seems ineffectual is dismal and suggests that different policy mechanisms and techniques that transcend voluntary IEAs is required to resolve large scale world issues like climate change.

Suggestive Measures to Fix These Issues

The following suggestive measures can be taken up for the resolution of various above stated issues –

• A large amount of research and literature directly links environmental policies to competitiveness and trade outcomes. This claim that is made, is closely connected to the idea of pollution havens – pollution-heavy companies directing investment to economically poor countries that have weak environmental legislations. On the other hand, a number of scholars emphasise the developed country advantages are related to gains in technological frontier. By exploiting and affecting competitive advantages, international trade can even mitigate potentially adverse effects of environmental policies on productivity outcomes, which means desired environmental outcomes can be achieved at a lower economic value.
• A clear vision of a time where every country needs to reach and how it can get there. Clear environmental priorities and objectives will be crucial to guide each and every domestic reform effort and international assistance. Priorities ought to be established on sound analysis and participatory political processes. Environmental authorities could demonstrate better why environmental issues should be enclosed in national development plans (as well as in donor country programmes) and establish alliances with finance and sectoral ministries to support “win-win” sectoral reforms.
• An improved institutional framework. Specifically, this will need a minimum level of institutional stability and discipline (so that reform intentions and actions are followed through), and a clarification of responsibilities at the sub-national level (whether in water supply and sanitation, waste management, river basin management or urban transport). Environmental institutions ought to develop more effective and efficient business plans to realize their priorities and take away the perverse incentives that impede a result-oriented approach to employees’ performance. Environmental policy development and implementation need to be underpinned by more robust and policy-relevant data systems.
• A stronger engagement of stakeholders. Environmental authorities need to build constituencies to support environmental reforms. NGOs should be, but usually are not yet, natural allies, each as environmental watchdogs and agents of action at the local level. Understanding industry issues and searching for common ground should be prioritised. more attention should even be given to how mass media could raise awareness and promote good environmental behaviour.

 The New Organ and Its Structural Framework

 A new organ may help resolve the issue substantially. The benefits of the newly formed Organ along with its structural framework as to how it would essentially function is mentioned as follows –

Centralised Agency – Having a centralised agency whose sole concern is Environmental issues. This can take decisions on how to distribute various works would help create a systematic structure in this Organ.

 Efficient Time Given To Issues – A new Organ that is focused on only one field would help distribute time better which would then lead to efficient working and quick problem solving of imminent issues that need instant care and caution to deal with.

 A Body To Govern Issues Wherever Environment Is Involved – Further, this body can also deal with issues where environment is even involved in the slightest bit. This would help notice and resolve issues that go unnoticed as environmental issues do not really play a central part in them.

 Creating A Separate Database – A separate database would be created that would be more efficient and more nuanced and also carrying more details. This database can be made in depth and would also be able to assist future studies in this field. This Database would also help to quantify issues and progress in enforcement for us.

Bodies under the New Organ

 Advisoryand Research Body That Also Does Drafting – This body would play advisory and suggestive roles to UNGA and other organs of UN. This body can aid and advise ILC also. It would also help in drafting new treaties, laws, conventions, protocols, etc. in the field of environmental law. Further, it would also take up research activities that would help appreciate various issues and problem that are persistent today.

Secretariat Or Administrative Body – This body would deal with all paperwork and would be similar to such bodies in other organs. This body would additionally also deal with recruitment and salaries of Employees working under the organ. The body would decide which individual or which expert to hire for the Organ. This would also distribute funds among various bodies accordingly that it would most probably get from the UN Budget.

Adjudicatory Body – The body would also have power to make decisions on matters of environment that require urgent care. The decisions it takes would be binding. Its decisions would be subject to appeals and revisions in International Court of Justice (ICJ) in case of trivial matters only. It would be able to try cases related to both civil as well as criminal matters.

Executive Council – This body would help in executive orders of the adjudicatory body as well as in strengthening enforcement and accountability of general treaties and conventions in regards with environment.

Body To Make Quarterly Reports – This body would be exclusively concerned with making quarterly reports that would be able to track and quantify the impact of issues and concepts like Climate Change and Global Warming. Not only that it would also issues biennial reports for impact and assessment of how well the treaties are being enforced by various countries. They can also refer serious breaches to the Executive Council.

 Event Management Body – This body can take care of conferences, awareness campaigns and lectures and other programmes that can be held at an international level to gain sympathy and awareness of general public about this cause. This body would solely organise and supervise these events.

Conclusion

In Contemporary world, we are riddled with numerous issues related to environment such as Climate Change, Global Warming, Ozone Depletion, etc. Although there are existing treaties, conventions, etc. to deal with such issues, but still there is a gap between the goals and the present scenario situation. Poor implementation of environmental agreements and laws is a global problem. It is now one pf the biggest challenges to mitigate and resolve these issues quickly. There is poor coordination and cooperation between government agencies and International Organisations.

Lack of access to proper data or information, lack of transparency, corruption, weal institutional capacity, etc. are some of the key factors that lead to poor execution of such laws and treaties. Which is why we need a new Organ that can efficiently resolve and tackle these issues. This organ would be similar to other organs of UN with various organisations under this. This Organ would help in increasing efficiency and focus while dealing with this issue. It would also suggest and advise other organs on aspects of Environmental law.

Additionally, it would also adjudicate on urgent matters and execute those orders along with existing pieces of treaties and laws. The paper depicts  a world where with the help of this new Organ it would be substantially easier to deal with the pressing issue of environmental degradation and deterioration.

About the Author: Muskan Deora and Isha Jagetiya.

Note: The views in this article are personal only.

References 

1. https://www.ipcc.ch/site/assets/uploads/2018/02/ipcc_wg3_ar5_chapter13.pdf
2. https://wedocs.unep.org/bitstream/handle/20.500.11822/7507/-Compliance%20Mechanisms%20under%20selected%20Multilateral%20Environmental%20Agreements-2007761.pdf
3. https://ym.fi/en/international-environmental-agreements
4. https://journals.sagepub.com/doi/pdf/10.1177/2158244014521820
5. https://www.law.georgetown.edu/environmental-law-review/blog/214/
6. https://sdg.iisd.org/news/environmental-laws-impeded-by-lack-of-enforcement-first-ever-global-assessment-finds/
7. http://repository.unitomo.ac.id/1028/1/03_IJRG18_A05_1382.pdf
8. https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1609&context=wmelpr
9. https://www.oecd.org/environment/outreach/39274836.pdf
10. https://www.unep.org/ozonaction/who-we-are/about-montreal-protocol
11. https://legal.un.org/avl/ha/vcpol/vcpol.html
12. https://www.iucn.org/theme/global-policy/our-work/united-nations-framework-convention-climate-change-unfccc
13. https://unfccc.int/kyoto_protocol
14. https://library.fiu.edu/c.php?g=160201&p=1047304
15. https://www.un.org/en/about-us/trusteeship-council

^[1] United Nations: An Introduction, FIU Libraries, https://library.fiu.edu/c.php?g=160201&p=1047304 (Last visited – 22^nd April, 2022)