Lecture Series - Mr. Mohammed A. Bekhechi

Lecture
Related Materials

Mr. Mohammed A. Bekhechi
Lead Counsel, ESSD and International Law Unit (LEGEN)
The World Bank

Biography

Environmental Law

Implementation and Compliance

Selected Lessons Learned on
Implementation of and Compliance with
International Legal Instruments
Related to Environmental Protection and
Natural Resources Conservation

Implementing and complying with international environmental legal instruments is a multi-faceted and complex issue in developing countries. This lecture discusses various aspects of this issue, its complexity of and some empirical reasons to explain why implementation and compliance with international environmental conventions and agreements remains weak overall and in many respects problematic. It also provides thoughts about how to develop a culture of compliance and facilitate implementation of these instruments.

Original Lecture
English (34 minutes)

Lecture with simultaneous interpretation

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Recording facilities courtesy of
Georgetown University Law Center

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Environmental Law Implementation and Compliance Selected Lessons Learned on Implementation of and Compliance with International Legal Instruments related to Environmental Protection and Natural Resources Conservation
Documents referred to in the lecture
International Conventions and Agreements Related to Environmental Protection and Natural Resources Conservation
	Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): The main objectives of this convention are the protection of endangered species prominent in international trade through appropriate trade control measures and monitoring the status of such species.
	Basel Convention: Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal: The main objectives of the convention are the reduction of the production of hazardous waste and the restriction of transboundary movement and disposal of such waste. It also aims to ensure that any transboundary movement and disposal of hazardous waste, when allowed, is strictly controlled and is undertaken in an environmentally sound and responsible way. Locally, draft regulations are being prepared in an effort to control the movement of such waste.
	Convention on Biological Diversity (CBD): The aim of the CBD is to effect international cooperation in the conservation of biological diversity and to promote the sustainable use of living natural resources worldwide. It also aims to bring about the sharing of the benefits arising from the utilization of natural resources.
	United Nations Framework Convention on Climate Change (UNFCCC): The United Nations Framework Convention on Climate Change was signed by 154 governments in Rio de Janeiro during the United Nations Conference on Environment and Development (UNCED) in June 1992. The convention addresses the threat of global climate change by urging governments to reduce the sources of greenhouse gases. The ultimate objective of the convention is to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous interference with the climate system of the world.
	Convention on Prior Information Consent (PIC) Rotterdam: Convention on the Prior Informed Consent Procedure for international trade in certain hazardous chemicals and pesticides. A final text for the Convention was negotiated in March 1998. The Convention will ensure obligatory detailed information exchange between countries on hazardous chemicals and pesticides allowing informed decision-making on the national use of such chemicals.
	Bonn Convention - Convention on the Conservation of Migratory Species of Wild Animals (CMS): This convention was organized in response to the need for nations to cooperate in the conservation of animals that migrate across their borders. These include terrestrial mammals, reptiles, marine species and birds. Special attention is paid to endangered species.
	World Heritage Convention - Convention Concerning the Protection of the World Cultural and Natural Heritage: The convention aims to promote cooperation among nations to protect all forms of natural and cultural heritage that are of such outstanding universal value that their conservation is of concern to all people. UNESCO adopted the convention in 1972. At present 144 countries are parties to it.
	United Nations Convention to Combat Desertification in Countries Experiencing Serious Droughts and/or Desertification, Particularly in Africa: Desertification is the degradation of land in arid, semi-arid and dry sub-humid areas and does not refer to the expansion of existing deserts. It is caused primarily by human activities, through over-exploitation and inappropriate land use, and by climate variations.
	Ramsar Convention - Convention on Wetlands of International Importance, especially as Waterfowl Habitat: The broad aims of this convention are to stem the loss and promote the wise use of all wetlands. The convention addresses one of the most important contemporary issues , namely the conservation of the country's water supplies for the use of both the natural and the human environments.
	Montreal Protocol - Protocol for the Protection of the Ozone Layer: The protocol is aimed at ensuring measures to protect the earth's ozone layer.
	United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS): UNCLOS represents a codification of international law rules for states to observe in marine-related operations. It does not establish any international programmes. However, it does institutionalise an International Sea Bed Authority to oversee the exploration of deep seabed minerals and a Commission on the Limits of the Continental Shelf.
	Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea, of 10 December 1982, relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks: The main objectives of the agreement are to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks, to improve cooperation between states to that end, and to ensure more effective enforcement by flag states, port states and coastal states of conservation and management measures adopted for such stocks, particularly on the high seas.
	Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR): Agreement to manage and regulate the exploitation of Antarctic marine living resources. A South African scientist is currently chairman of the Scientific Committee.
	The International Convention for the Regulation of Whaling (IWC): governs conservation of whales and research on whale management.

Recommended Reading
	T. Bansuri. Implementation of Multilateral Environmental Agreements by India-Legislative Harmonization: Meeting the Requirements of the CBD and other Multilateral Environmental Agreements.
	M.A Bekhechi, Some Observations Regarding Environmental Covenants and Conditionalities in World Bank lending Activities, in Max Planck Yearbook of United Nations Law, Vol 3, 1999, Kluwer Law International, Pages 287-314.
	M.A Bekhechi, Une Nouvelle Étape dans le Développement du Droit International de l'Énvironnement: La Convention sur la Désertification, Revue Générale de Droit International Public, 1997, No.1, 5-43.
	P. W Birnie & A. Boyle, Basic Documents on International Law and the Environment, Oxford University Press, 1995, 688 pages.
	A. Boyle & D. Freestone (eds), International Law and Sustainable Development, Past Achievements and Future Challenges, Oxford University Press, 1999, 377 pages.
	B. Boer, R. Ramsey & D. R Rothwell, International Environmental Law in the Asia Pacific, Kluwer Law International, 1998.
	L. Boisson de Chazournes, R. Desgagné & C. Romano, Protection Internationale de l'Environnement. Recueil d'Instruments Juridiques, ED. Pedone, 1998,1117 pages.
	E. Brown Weiss & H.K Jacobson (eds), Engaging Countries. Strengthening Compliance with International Environmental Accords, Massachussets Institute of Technology Press, 1998, 615 pages.
	J. Cameron, J. Werksman & P. Roderick (eds), Improving Compliance with International Environmental Law, Earthscan, London, 1996, 331 pages.
	L. Campiglio, L. Pineschi, D. Siniscalco, and T. Treves (eds), The Environment After Rio: International law and Economics, Graham & Trotman Martinius Nijhoff, 1994, 285 pages.
	B. Chaytor and K.R Gray (Eds), International Environmental Law and Policy in Africa, Kluwer Academic Publishers, 2003.
	C. Di Leva, “International Approaches to Global Environmental Challenges”, Ndiaye & Wolfrum (eds), Law of the Sea, Environmental Law and Settlement of Disputes, 2007 K. Brill Ed. Page 1055-1066.
	M. Fitzmaurice and M. Szuniewicz (eds), Exploitation of natural Resources in the 21st Century, Kluwer Law International Publisher, 2003, 298 pages.
	R.F Fuggle and M.A Rabie, Environmental Management in South Africa, Juta & Co Ltd Pub.1992, esp. Chapters 8 and 9 "Implementation of Environmental Law" (pages 120-154) and "International Environmental Law" (pages 155-180).
	H. Grassl, R. Schubert, A. Epiney, M. Kulessa and Alii (eds), Fighting Poverty Through Environmental Policy, Earthscan Pub. For German Advisory Council on Global Change, 2004, 283 pages.
	S. P Johnson (Introduction and Commentary by), The Earth Summit. The United Nations Conference on Environment and development (UNCED), Graham & Trotman/Martinius Nijhoff, 1993, 532 pages (See especailly Section IV, "Means of Implementation", pages 443-508.
	A. Kiss & J.P Beurier, Droit International de l'Environnement, Pedone 2000.
	W. Lang (ed), Sustainable Development and International Law, Graham & Trotman Ltd. Pub. 1995.
	W.A Paatii Ofosu-Amaah, Reflections on developing countries’ role in negotiating the pre-Rio Conference environment-related treaties: a proposal of action for enhancing their role and effectiveness, T.M. Ndiaye & R. Wolfrum, Law of the Sea, Environmental Law and Settlement of Disputes: Liber Amicorum Judge Thomas A. Mensah. Martinus Nijhoff Publishers, 2007.
	Craig, D., Robinson, N., Kheng-Lian K. (eds) Capacity Building for Environmental Law in the Asia and Pacific region (ADB, Manila, 2002).
	P. Sands, Environmental Protection in the Twenty-First century: Sustainable Development and International Law, in Environmental Law, the Economy and Sustainable Development, Revesz, R.L, Ph. Sands and R.B Stewart (eds), Cambridge University Press, 2000, 347 pages.
	P. Sands, International Courts and the Application of Sustainable Development, in Law and Development, Facing Complexity in the 21st Century, Al Hatchard, John Hatchard, Peter Slim and Amanda Perry-Kessaris, Chapter 10 Routledge Cavendish, 2003, 312 pages.
	T. Swanson and S. Johnston, Global Environmental Problems and International Environmental Agreements. The Economics of International Institution Building. Edward Elgar /UNCTAD Pub. 1999.
	UNEP, Negotiating and Implementing Multilateral Environmental Agreements (MEAs). A Guide for NGOs, 2007, 200 pages.
	D. Zaelke, D. Kaniaru, and E. Kružíková (eds) Making Law Work, (Volumes I and II) - Environmental Compliance & Sustainable Development. Cameron May Ltd., International Law Publishers, London.