🦖Environmental Politics and Policy Unit 6 – International Environmental Agreements

Key Concepts and Terminology

• International environmental agreements legally binding treaties between nations to address transboundary environmental issues (climate change, ozone depletion, biodiversity loss)
• Multilateralism involves multiple countries working together to achieve common environmental goals through cooperation and consensus-building
• Sustainable development balances economic growth, social equity, and environmental protection to meet present needs without compromising future generations' ability to meet their own needs
  • Encompasses principles of intergenerational equity, precautionary approach, and common but differentiated responsibilities
• Environmental diplomacy the process of negotiating and implementing international agreements to address global environmental challenges
  • Involves building coalitions, resolving conflicts, and finding common ground among diverse stakeholders
• Ratification the formal process by which a country agrees to be bound by the terms of an international agreement
  • Requires domestic approval (parliamentary vote, executive order) and deposit of instrument of ratification with the treaty depository
• Compliance mechanisms ensure countries fulfill their obligations under an agreement through reporting, monitoring, and enforcement
  • Can include financial incentives, technical assistance, and dispute resolution procedures

Historical Context of International Environmental Cooperation

• Early 20th century saw emergence of international conservation efforts (1916 Migratory Bird Treaty between US and Canada)
• 1972 United Nations Conference on the Human Environment in Stockholm marked a turning point in global environmental governance
  • Established the United Nations Environment Programme (UNEP) and adopted the Stockholm Declaration on the human environment
• 1987 Brundtland Commission report "Our Common Future" popularized the concept of sustainable development and called for greater international cooperation
• 1992 Earth Summit in Rio de Janeiro adopted the Rio Declaration on Environment and Development and Agenda 21, a comprehensive plan for sustainable development
  • Also saw the adoption of the United Nations Framework Convention on Climate Change (UNFCCC) and the Convention on Biological Diversity (CBD)
• 2000s witnessed a proliferation of multilateral environmental agreements addressing a wide range of issues from chemicals management to desertification
• 2015 Paris Agreement marked a historic breakthrough in global climate cooperation, with 196 countries committing to limit global warming to well below 2°C above pre-industrial levels

Major International Environmental Agreements

• United Nations Framework Convention on Climate Change (UNFCCC) aims to stabilize greenhouse gas concentrations in the atmosphere at a level that prevents dangerous anthropogenic interference with the climate system
  • Kyoto Protocol (1997) set legally binding emission reduction targets for developed countries
  • Paris Agreement (2015) requires all countries to submit nationally determined contributions (NDCs) to reduce emissions and adapt to climate impacts
• Montreal Protocol on Substances that Deplete the Ozone Layer (1987) phased out the production and consumption of ozone-depleting substances (chlorofluorocarbons, halons)
  • Widely regarded as the most successful international environmental agreement to date, with near-universal participation and compliance
• Convention on Biological Diversity (CBD) aims to conserve biodiversity, sustainably use its components, and fairly and equitably share the benefits from genetic resources
  • Cartagena Protocol on Biosafety (2000) regulates the transboundary movement of living modified organisms (LMOs) resulting from modern biotechnology
  • Nagoya Protocol on Access and Benefit-Sharing (2010) sets out rules for accessing genetic resources and sharing the benefits from their utilization
• Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989) regulates the international trade in hazardous wastes to protect human health and the environment
  • Aims to minimize the generation of hazardous wastes and ensure their environmentally sound management
• Stockholm Convention on Persistent Organic Pollutants (2001) aims to eliminate or restrict the production and use of persistent organic pollutants (POPs) that pose significant risks to human health and the environment
  • Targets 12 initial POPs (dirty dozen) including pesticides (DDT), industrial chemicals (PCBs), and unintentional byproducts (dioxins)

Negotiation Process and Stakeholders

• International environmental negotiations involve a complex interplay of scientific, economic, political, and legal considerations
• Typically begin with a preparatory phase where countries agree on the scope and objectives of the agreement, followed by formal negotiating sessions to hammer out the details
• Negotiations often take place under the auspices of the United Nations or other international organizations (UNEP, World Meteorological Organization)
• Key stakeholders include national governments, intergovernmental organizations, non-governmental organizations (NGOs), industry groups, and scientific experts
  • NGOs play an important role in advocating for stronger environmental protections and holding governments accountable (Greenpeace, World Wildlife Fund)
  • Industry groups seek to influence the negotiation process to protect their economic interests (fossil fuel companies, chemical manufacturers)
• Negotiations often involve trade-offs and compromises to balance competing interests and priorities
  • Principle of common but differentiated responsibilities recognizes that developed countries have a greater responsibility to address environmental problems due to their historical contributions and greater financial and technological capabilities
• Consensus-building is key to reaching agreement, as most international environmental agreements require unanimous consent or near-universal ratification to enter into force

Implementation Challenges and Successes

• Translating international agreements into action on the ground is a major challenge that requires sustained political will, financial resources, and technical capacity
• Lack of funding is a common barrier to implementation, particularly for developing countries that may lack the resources to invest in environmental protection
  • Global Environment Facility (GEF) provides grants to developing countries for projects that address global environmental issues
• Weak enforcement mechanisms can undermine the effectiveness of agreements, as countries may face little consequence for non-compliance
  • Montreal Protocol's non-compliance procedure has been effective in bringing countries back into compliance through a combination of assistance and sanctions
• Monitoring and reporting requirements are essential for tracking progress and identifying implementation gaps
  • Many agreements require countries to submit regular reports on their implementation efforts (national communications under the UNFCCC)
• Capacity-building and technology transfer are critical for enabling developing countries to meet their obligations under international agreements
  • Multilateral funds (Green Climate Fund) and bilateral initiatives provide support for capacity-building and technology transfer
• Despite these challenges, international environmental agreements have achieved significant successes in addressing global environmental problems
  • Montreal Protocol has led to the phase-out of over 99% of ozone-depleting substances and is expected to result in the recovery of the ozone layer by mid-century
  • UNFCCC and Paris Agreement have mobilized unprecedented global action on climate change, with countries committing to ambitious emission reduction targets and scaling up investments in clean energy and climate resilience

Case Studies: Notable Agreements in Action

• Minamata Convention on Mercury (2013) aims to protect human health and the environment from the adverse effects of mercury, a toxic heavy metal
  • Requires countries to phase out certain mercury-added products (batteries, switches) and reduce emissions from industrial sources (coal-fired power plants, cement production)
  • Includes provisions on artisanal and small-scale gold mining, the largest source of mercury emissions globally
• International Treaty on Plant Genetic Resources for Food and Agriculture (2004) aims to conserve and sustainably use plant genetic resources for food and agriculture and share the benefits from their use
  • Establishes a multilateral system for facilitated access to 64 crops and forages that are essential for global food security (wheat, rice, maize)
  • Requires benefit-sharing from the commercialization of products developed using these resources
• Kigali Amendment to the Montreal Protocol (2016) aims to phase down the production and consumption of hydrofluorocarbons (HFCs), powerful greenhouse gases used in refrigeration and air conditioning
  • Expected to avoid up to 0.5°C of global warming by 2100, making it a significant contribution to the goals of the Paris Agreement
• International Convention for the Prevention of Pollution from Ships (MARPOL) (1973/1978) aims to prevent pollution of the marine environment by ships from operational or accidental causes
  • Sets strict limits on the discharge of oil, sewage, garbage, and air pollutants from ships
  • Has significantly reduced oil spills and other forms of marine pollution from shipping

Critiques and Debates

• Some argue that international environmental agreements are too weak and fail to address the root causes of environmental degradation (unsustainable consumption and production patterns)
  • Agreements often rely on voluntary commitments and lack strong enforcement mechanisms
• Others criticize the slow pace of negotiations and the tendency for agreements to settle for the lowest common denominator to achieve consensus
  • Paris Agreement's nationally determined contributions (NDCs) are not legally binding and are insufficient to limit global warming to 1.5°C
• Equity concerns are a major point of contention in many negotiations, as developing countries argue that they should not be required to bear the same burden as developed countries in addressing environmental problems
  • Principle of common but differentiated responsibilities has been a key point of debate in climate negotiations
• Some agreements have been criticized for prioritizing economic interests over environmental protection
  • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) allows for the trade of certain endangered species if it is deemed sustainable and beneficial to conservation
• Lack of public awareness and engagement can undermine the effectiveness of international environmental agreements
  • Many people are unaware of the existence or importance of these agreements, making it difficult to mobilize political support for implementation

Future Trends and Emerging Issues

• Climate change is likely to dominate the international environmental agenda in the coming decades, as countries work to implement the Paris Agreement and ratchet up their ambition over time
  • Focus on adaptation and resilience is likely to increase as the impacts of climate change become more severe
• Biodiversity loss is an urgent crisis that requires greater attention and action from the international community
  • Post-2020 Global Biodiversity Framework being negotiated under the CBD aims to set ambitious targets for conserving and restoring biodiversity
• Plastic pollution has emerged as a major global environmental problem that requires a coordinated international response
  • Several countries have called for a global treaty on plastic pollution to address the full lifecycle of plastics from production to disposal
• Intersection of environment and human rights is gaining greater recognition, with calls for a new international agreement on the right to a healthy environment
  • Would recognize the right to a clean, healthy, and sustainable environment as a fundamental human right
• Role of non-state actors (cities, businesses, civil society) in international environmental governance is likely to continue to grow
  • Many are taking ambitious action on climate change and other environmental issues, often outpacing national governments
• COVID-19 pandemic has highlighted the links between environmental degradation, human health, and economic stability
  • Green recovery plans that prioritize investments in clean energy, nature-based solutions, and sustainable infrastructure could help to build back better and greener