International Environmental Governance – where from here? Joy Hyvarinen FIELD

Advocacy for broader access to environmental justice and fairer international laws and institutions Advice and capacity building for groups ranging from poor communities to senior government officials Research on international law, policy and national practice

Climate Change & Energy Biodiversity & Marine Environments Trade, Investment and Sustainable Development (TISD) Internship Programme, teaching, ad hoc advice

International environmental governance – a recurring subject of debate since founding of UNEP in 1972 Not much progress Consultations at UN HQ

UNEP Governing Council/Global Ministerial Environment Forum meeting this week in Nairobi. Eg  Strengthening UNEP’s scientific base  Coordination of MEAs UNEP in UN HQ consultations

UNEP Subsidiary - programme of the UN General Assembly Reports to the UN General Assembly Members of Governing Council (58) are elected by the UN General Assembly

UNEPs mandate Nairobi Declaration  Analyse state of environment and early warning  Development of international law  Implementation of international norms and compliance  Coordination of UN environmental activities  Awareness raising, links with science

What are the problems Lack of coordination, duplication Lack of early warning and systematic scientific assessment Proliferation of Multilateral Environmental Agreements (MEAs)  see eg  reporting burden

What are the problems? Cont. Insufficient assistance to developing countries Lack of effectiveness: not solving today’s environmental problems Lack of political will and lack of national coordination

Recent history 1997 Germany, Brazil, South Africa and Singapore propose ‘global environmental umbrella organisation’ 1998 outgoing WTO Director-General proposes world environment organisation to match WTO 2003 France proposes new organisation, establishing a working group to consider transforming UNEP into a ‘UNEO’ US and other academics interested

UN Summit 2005 UN’s 60 th anniversary Security Council reform, responsibility to protect Momentum for discussions about international environmental governance

UN Summit 2005 Two strands of inter-governmental consultations: ‘System-wide Coherence’ – ‘One UN’ Pilots ‘International Environmental Governance consultations’

World Summit Outcome – Paragraph 169 ‘ Recognizing the need for more efficient environmental activities in the United Nations system, with enhanced coordination, improved policy advice and guidance, strengthened scientific knowledge, assessment and cooperation, better treaty compliance, while respecting the legal autonomy of the treaties, and better integration of environmental activities in the broader sustainable development framework at the operational level, including through capacity building, we agree to explore the possibility of a more coherent institutional framework to address this need, including a more integrated structure, building on existing institutions and internationally agreed instruments, as well as the treaty bodies and the specialized agencies’

UN consultations Since 2006 international environmental governance consultations led by UN Ambassadors of Mexico and Switzerland Note: ‘consultations’ not ‘negotiations

Building blocks 2007 ‘options paper’ with building blocks:  Scientific assessment, monitoring and early warning capacity  Coordination and cooperation at the level of agencies  MEAs  Regional presence and activities at the regional level

Building blocks cont. Bali Strategic Plan, capacity building technology support IT, partnerships and advocacy Financing  And ‘the broader transformation of the IEG system’  ‘Ambitious incrementalism’

UN consultations May 2008 draft resolution – ‘speedy circumspection’ July draft resolution January 2009 draft resolution  Same headings as the building blocks

Latest draft resolution Many proposed amendments in compilation text Disagreements on eg environment vs. sustainable development, UNEP’s mandate, financing and capacity building.

Consultations stalled Latest development - 10 February report from Co-Chairs accepts consultations stalled Why no progress?

A ‘UNEO’ ‘UNEO’ - UN Environmental Organisation Proposal by France  Based on UNEP  ‘Friends of UNEO’  EU position  US opposed

A ‘UNEO’ Little detail in proposals for UNEO Specialised UN agency More independence Wider mandate Budget of its own

Lack of progress Differing views on UNEO, financing, capacity building. Lack of political enthusiasm Now: wait until after Copenhagen Climate Conference in December 2009

Difference now The post-Copenhagen climate change architecture. Role of World Bank and other MDBs Prime Minister’s speech: ‘…World Bank a bank for development and the environment …’

How will this develop? A separate climate change architecture? Will climate change governance ‘take over’?

Thank you