The legal and Institutional Framework Ref Part I

The legal and Institutional Framework Ref. Part I - 3

State • There are currently 191 member states of the UN, another 5 states which are not members and numerous entities which do not possess the full characteristics of statehood, including dependent territories and non-self-governing territories – 30 developed countries – 27 economic in transition – 134 developing countries • States are the primary subjects of international law. • States are the principle actors which create, adopt and implement international legal principles and rules, establish international organizations, and permit the participation of other actors in the international legal process

International Organizations • International organizations involved in environmental law are established at the global, regional, sub-regional and bilateral levels – Global organizations associated with the UN and its specialized agencies; – Regional organizations outside the UN system; – Organizations established by environmental and other treaties. • The Stockholm Conference and UNCED provided opportunities to establish more orderly and coherent arrangements for international organizations in addressing environmental matters.

UNCED • UN General Assembly Resolution 47/191 (1992) endorsed the Agenda 21 recommendations on international institutional arrangements to follow up on UNCED and took the following decisions: – requested (economic & social council (ECOSOC) to set up a high-level Commission on Sustainable Development; – requested all UN specialized agencies and related organizations of the UN system to strengthen and adjust their activities, programmers and plans in line with Agenda 21; – invited the World Bank and other international and regional financial and development institutions (UNEP, UNDP )to submit plans to implement Agenda 21

World Summit on Sustainable Development (WSSD) Johannesburg 2002 Major review of UNCED: • adopt new measures to strengthen institutional arrangements for sustainable development at international, regional and national levels; • facilitate and promote the integration of the environmental, social and economic dimensions of sustainable development into the work programmers of UN regional commissions; • establish an effective, transparent and regular inter-agency coordination mechanism on ocean and coastal issues within the UN system; • enhance the role of the Commission on Sustainable Development, including through reviewing and monitoring progress in the implementation of Agenda 21 • take immediate steps to make progress in the formulation and elaboration of national strategies for sustainable development and begin their implementation by 2005

The function and role of international organizations • First, they provide a forum for co-operation and co-ordination between states • Receive and disseminate information, facilitate information exchange, and provide formal and informal consultation between states • Contribute to the development of international legal obligations • Play a role in ensuring implementation of and compliance with these standards and obligations • Provide an independent forum, or mechanism, for the settlement of disputes

Global Organizations United Nations The relevant purposes of the UN include: • the maintenance of international peace and security, • the adoption of measures to strengthen universal peace, and • the achievement of co-operation in solving international economic, social, cultural or humanitarian problems

Global Organizations - United Nations The UN Organs: • The General Assembly, – the principal policy-making organ on UNCED follow-up – created UNEP, UNDP, UNCED • The Security Council, – maintenance of international peace and security – 1991 (first environmental interference) • ECOSOC, – coordinating the activities of specialized agencies, including UNEP – international economic, social, cultural, educational and health issues • The Trusteeship Council – assists the Security Council and the General Assembly in performing the UN’s functions • The International Court of Justice – contributed to the development of international environmental law through general principles and rules