COMPLIANCE PROCESSES This course was developed in cooperation with the IUCN Academy of Environmental Law

MEA Compliance Challenges  Many MEAs provide for legislative, executive, and judicial bodies and functions. –Many have:  COP for legislative actions  Secretariat for executive functions  Non-compliance mechanisms for quasi-judicial actions –but these mechanisms generally are much weaker than at the national level.  This means that there usually fewer approaches to compel compliance.  It is thus important that substantive provisions of MEAs have the necessary internal force or dynamic that invokes an attitude of compliance 2

This course was developed in cooperation with the IUCN Academy of Environmental Law Compliance with MEAs  Treaty negotiators try to formulate substantive rules that induce implementation without need for supervision –Often, financial, technical, and personnel assistance is necessary  MEAs also create institutions and techniques that encourage and facilitate compliance 3

This course was developed in cooperation with the IUCN Academy of Environmental Law Techniques to Induce Compliance  Interpretation  Data collection and dissemination  Reviews of performance  Monitoring  Reporting  The above measures can be spelled out in an MEA or an MEA may provide that the COP will develop them 4

This course was developed in cooperation with the IUCN Academy of Environmental Law Data Collection and Dissemination  Some MEAs call for research: –Vienna Convention on the Ozone Layer –UN Framework Convention on Climate Change –Convention on Biological Diversity  Research seeks to ascertain environmental impacts and effects of activities to address those impacts (especially including those identified in an MEA)  Data collection and the dissemination of research and data facilitate compliance –For example, research and data can be used when Parties report on implementation 5

This course was developed in cooperation with the IUCN Academy of Environmental Law Reporting (1)  Some MEAs require Parties to report on the measures they have taken to implement that particular MEA: –E.g. national reports on efforts to curb trade in endangered wildlife, reduce greenhouse gas emissions, reduce levels of ozone-destroying substances, conserve biological resources, etc.  Periodic reports: every year, two years, or otherwise as specified  Some secretariats have established standardised formats to assist Parties  Funding and technical assistance for reporting is available to developing countries and countries with economies in transition 6

This course was developed in cooperation with the IUCN Academy of Environmental Law Reporting (2)  Many States fail to fulfil the reporting requirement –This is a significant source of non-compliance.  But some variations may occur: –Some treaties have a strong record of reporting (e.g. International Whaling Convention and Montreal Protocol) –Others have a weak record (e.g. London Convention) 7

This course was developed in cooperation with the IUCN Academy of Environmental Law Performance Reviews  MEA may require that COP, Secretariat, or a panel of experts verifies or monitors performance of the MEA –Is the MEA working the way it was envisioned? –Are there systemic challenges? –What might be options for addressing these challenges? –E.g. Article 6 of the Montreal Protocol requires assessment of control measures by a panel of experts  This enables the COP to examine specific difficulties of compliance and to consider measures aimed at improving compliance 8

This course was developed in cooperation with the IUCN Academy of Environmental Law Monitoring  Monitoring is the collection of data in accordance with the provisions of an MEA –Can also involve monitoring of actual activities indicative of compliance –Can be done by the State Party, by another organization (e.g. World Conservation Monitoring Centre), or a combination of them 9

This course was developed in cooperation with the IUCN Academy of Environmental Law Verification  Verification involves verification of data and technical information in a national report to ascertain whether a Party is in compliance and to determine the degree and frequency of compliance (or non- compliance). –Independent sources may be used to corroborate national data and information. –Fact-finding missions can also be used  e.g. Ramsar has Monitoring Procedure in the form of mission to a Party with that consent of that Party. This Monitoring Procedure includes field visits and discussions with the Government and local experts. The Ramsar Secretariat then submits a detailed report to the Government. –In practice, however, most MEAs do not provide for independent transparent verification of data and information provided in the national reports. 10

This course was developed in cooperation with the IUCN Academy of Environmental Law Supervisory Institutions  IGOs (e.g. UNEP) or MEA bodies undertake various tasks to facilitate compliance –information and data collection; –receiving reports on treaty implementation; –facilitating independent monitoring and inspection; and –reviewing the performance of States.  Such collective oversight helps Parties to be held accountable to other Parties.  To perform these oversight and facilitative roles, it is necessary to: –Negotiate the terms of the oversight role; and –elaborate detailed rules, standards, or practices to give effect to general provision of the (frequently vague) MEA provisions.  Thus, IGOs may have a combination of regulatory and supervisory functions. 11

This course was developed in cooperation with the IUCN Academy of Environmental Law Supervisory Models in MEAs  Supervision through regular Conferences of the Parties, assisted by Secretariat –e.g. CITES and UNFCCC  Supervision by a commission in which Parties are represented –e.g. International Convention for the Regulation of Whaling  Note: Supervision can be more effective if reports are made public 12