Multilateral Environmental Agreements
The main method available under international law for countries to
work together on global environmental issues is the multilateral environmental
agreement (MEA). MEAs are agreements between states which may take the
form of “soft-law”, setting out non-legally binding principles
which parties will respect when considering actions which affect a particular
environmental issue, or “hard-law” which specify legally-binding
actions to be taken to work toward an environmental objective.
New Zealand’s key obligations under the agreements
The 1992 Earth Summit
Several important MEAs were entered into at the 1992 United Nations
Conference on Environment and Development (UNCED, or the “Earth
Summit”), which was held in Rio de Janeiro, Brazil. The Earth
Summit produced five key documents on sustainable development issues.):
two “hard law” – the Convention on Biological Diversity,
and the Framework Convention on Climate Change which New Zealand has
signed and ratified (see below); and three “soft law” –
the Rio Declaration, Agenda 21, and the Forest Principles which were
adopted by consensus at Rio.
Rio Declaration on Environment and Development
The Rio Declaration on Environment and Development describes states’
obligations for promoting the principle of sustainable development.
This principle involves managing resources in a way that provides for
our needs in using those resources, as well as providing for their protection
– both for their inherent value, and to preserve mankind’s
future interests in them. The obligation to “conserve, protect
and restore the health and integrity of the Earth's ecosystem”
is framed in a way that recognises that states have differing abilities
and methods to draw on when dealing with environmental problems.
The Declaration identifies 27 guiding principles on sustainable development,
including:
- intergenerational equity – that there should
be equity between the rights and needs of the current generation and
of generations to come
- precautionary approach – that lack of full
scientific certainty of the causes and effects of environmental damage
should not be a reason for delaying action to prevent such damage
- polluter pays – that polluters should bear
the cost of pollution, and that the costs of environmental damage
should be reflected in cost/benefit analyses of actions affecting
the environment
- responsibilities – that the world community
has a common responsibility for protecting the global environment.
However, countries that pollute more should do more for environmental
protection than countries that pollute less.
Agenda 21
Agenda 21 is a plan for use by governments, local authorities and individuals
to implement the principle of sustainable development contained in the
Rio Declaration. This 40-chapter document has significant status as
a consensus document adopted by about 180 countries. Some its main themes
include:
- reforming policies – for bringing together
environmental and economic issues. It calls for environmental considerations
to be built into policy-making from the start rather than being added
as an afterthought
- controlling wasteful consumption and production
– Agenda 21 pinpoints the wasteful consumption and production
associated with industrialisation and wealth acquisition as the most
serious current cause of global degradation of the environment
- improving technologies – promoting greater
use of environmentally sound technologies that use resources more
efficiently and generate minimal levels of waste
- integrating trade and environment – to make
environment and trade mutually supportive. This recognises that as
trade can be adversely affected by the unjustifiable use of environmental
concerns as technical barriers, so trade can adversely affect the
environment if it leads to unsustainable production or unsustainable
use of resources.
New Zealand’s legislation (Resource Management Act, Biosecurity
Act, Local Government Act etc.) is largely in accord with the themes
in Agenda 21. In our case, the action needed is to implement that legislation
satisfactorily. From 1993 to 2001, New Zealand reported annually to
the Commission on Sustainable Development (CSD) on the implementation
of Agenda 21. These reports were prepared by the UNCED Implementation
Officials Group, which consisted of representatives from twelve government
departments with policy roles in implementing Agenda 21. The 2002 report
to the CSD, Towards
Sustainable Development in New Zealand, involved wider consultation
as part of the preparations for the World
Summit on Sustainable Development.
[The Commission of Sustainable Development (CSD) was also set up at
UNCED to monitor the implementation of Agenda 21.]
Forest Principles
The Forest Principles address the management, conservation and sustainable
development of all types of forests. One aspect of work pursuant to
the Principles concerns the development of criteria and indicators for
the sustainable management of forests. Since Rio, work on the Forest
Principles has been advanced by an “Ad Hoc Intergovernmental Panel
on Forests” (the IPF) and an Intergovernmental Forum on Forests
(the IFF), both under the auspices of the CSD.
The 2002 World Summit on Sustainable
Development agreed on the Johannesburg Plan of Implementation.
Other key agreements
- The Framework Convention on Climate
Change, 1992 (FCCC) – ratified on 8 September 1993
- The Convention on Biological Diversity,
1992 (CBD) – ratified on 16 September 1993
- The Montreal Protocol on
Substances that Deplete the Ozone Layer, 1989 – ratified on
21 July 1988
- Antarctica: The Antarctic
Treaty, 1959 – ratified on 1 November 1960 - Convention for
the Conservation of Antarctic Marine Living Resources, 1980 (CCAMLR)
– ratified on 8 March 1982 – and others
- United Nations Convention on the
Law of the Sea, 1982 (UNCLOS) – ratified on 19 July 1996
- The Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and their Disposal,
1989 – ratified on 20 December 1994
- The Stockholm Convention on Persistent Organic Pollutants (POPs) 2001 - ratified
on 24 September 2004.
- Marine pollution: Convention
on the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, 1971 (London [Dumping] Convention) – ratified on 30
April 1975 – and the International Convention for the Prevention
of Pollution from Ships, 1973 (MARPOL) – not yet ratified
- The Convention on International
Trade in Endangered Species of Wild Flora and Fauna, 1973 (CITES)
– acceded to on 10 May 1989
- The Convention on Wetlands of International Importance especially
as Waterfowl Habitat, 1971 (Ramsar
Convention) – signed on 13 August 1976 with effect from
13 December 1976
- Convention for the Prohibition of Fishing with Long Driftnets in
the South Pacific, 1989 (Wellington
Convention) – ratified on 17 May 1991
- South Pacific Nuclear Free
Zone Treaty, 1985 – ratified on 13 November 1986
- Convention for the Protection of
the Natural Resources and Environment of the South Pacific Region,
1986 [SPREP] – ratified on 3 May 1990
- The Cartagena Protocol on Biosafety to the Convention on Biological Diversity - ratified on 24 February 2005
For a full list of New Zealand’s Multilateral Environmental Agreements
see MEAs in force in New Zealand.
Last updated: 7 January 2008