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International Environmental Law, the Public's Health, and Domestic Environmental Governance in Developing Countries William Onvizu

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International Environmental Law, the Public's Health, and Domestic Environmental Governance in Developing Countries William Onvizu American University International Law Review Volume 21 Issue 4 Symposium: International Criminal Tribunals Article 7 in the 21st Century 2005 International Environmental Law, the Public's Health, and Domestic Environmental Governance in Developing Countries William Onvizu Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the Environmental Law Commons, Health Law Commons, and the International Law Commons Recommended Citation Onvizu, William. "International Environmental Law, the Public's Health, and Domestic Environmental Governance in Developing Countries." American University International Law Review 21, no.4 (2006): 597-684. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. INTERNATIONAL ENVIRONMENTAL LAW, THE PUBLIC'S HEALTH, AND DOMESTIC ENVIRONMENTAL GOVERNANCE IN DEVELOPING COUNTRIES WILLIAM ONZIVU* I. PUBLIC HEALTH AND THE ENVIRONMENT: BA CK G R O UN D ................................................................... 599 A . G EN ERAL ........................................................................... 599 B. ENVIRONMENT AND HEALTH THREATS .............................. 601 C. BEYOND ENVIRONMENTAL HEALTH: NATURAL RESOURCE CONSERVATION AND PUBLIC HEALTH ........... 605 D. ECOSYSTEMS AND PUBLIC HEALTH ................................... 608 II. HEALTH AND THE DEVELOPMENT OF INTERNATIONAL ENVIRONMENTAL LAW ................. 611 III. INTERNATIONAL ENVIRONMENTAL LAW AND HEALTH: CASE STUDIES ................................................. 619 A . INTRODUCTION .................................................................. 619 B. THE CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE .................... 621 C. THE STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS .................................................... 627 LL.M. (with Merit), London School of Economics and Political Science; LL.B., Makerere University, Legal Officer, Noncommunicable Diseases and Mental Health Cluster, World Health Organization. The views expressed in this article are solely those of the author and are not to be attributed in any way whatsoever to the World Health Organization. I thank Prof. Benjamin Richardson and Ms. Elizabeth Mrema for their helpful comments. I acknowledge the immense support of Jennifer Amaguru and Rianna Grace Onzivu as well as the research assistance of Annet Chandiru and Deo Patience Candia. 598 AM. U. INT'L L. REV. [21:597 D. THE VIENNA CONVENTION ON THE PROTECTION OF THE O ZONE LAYER ................................................................. 630 E. THE CONTRIBUTION OF INTERNATIONAL ENVIRONMENTAL LAW TO HEALTH PROTECTION ............ 634 IV. HEALTH AND DOMESTIC ENVIRONMENTAL GOVERNANCE MECHANISMS IN DEVELOPING C O U N T IRE S ......................................................................... 637 A. NATIONAL ENVIRONMENTAL GOVERNANCE, AN INTRODUCTION ................................................................ 637 B. NATIONAL ENVIRONMENTAL ACTION PLANS .................... 641 C. NATIONAL ENVIRONMENTAL (AND HEALTH) LAWS .......... 642 D. ENVIRONMENTAL (AND HEALTH) IMPACT ASSESSMENTS.. 647 E. NATIONAL INSTITUTIONS FOR THE ENVIRONMENT ............. 651 F. HEALTH AND ENVIRONMENTAL PROTECTION, THE ROLE OF HEALTH M INISTRIES ................................................... 658 G. CAPACITY BUILDING, FINANCIAL AND TECHNICAL A SSISTAN CE ..................................................................... 663 H. CONSTITUTIONAL LAW AND THE ROLE OF THE COURTS .... 665 1. Introduction................................................................. 665 2. The Right to a Healthy Environment .......................... 667 3. The Right to Life and Domestic Environmental P rotection .................................................................. 669 4. ProceduralRights and Domestic Environmental P rotection .................................................................. 672 I. THE ROLE OF THE CIVIL SOCIETY AND RELATED STAKEHOLDERS ............................................................... 674 V. REINVIGORATING PUBLIC HEALTH IN DOMESTIC ENVIRONMENTAL GOVERNANCE: THE ROLE OF SELECTED GLOBAL ACTORS ......................................... 677 A . G ENERAL ........................................................................... 677 B. THE WORLD HEALTH ORGANIZATION ............................... 678 C. THE WORLD TRADE ORGANIZATION .................................. 680 V I. CO N C LU SIO N ......................................................................... 683 2006] HEALTH AND DOMESTIC ENVIRONMENTAL GOVERNANCE 599 I. PUBLIC HEALTH AND THE ENVIRONMENT: BACKGROUND A. GENERAL In an era of globalization where health threats transcend national borders, international law is an important instrument to fight diseases. International environmental law is one of the most important areas of law with the potential to advance health goals. The relationship between mankind and the environment is a close- knit one, as mankind strives to protect the environment and natural resources. Yet, human activities have created adverse environmental consequences that have led to ill health. Furthermore, diseases related to the environment are increasing at an alarming proportion. Health, environment, and natural resources are interdependent and are a key aspect of sustainable development today.' In the developing world, health is intimately linked to development.2 Therefore, health coupled with a positive attitude towards environmental protection can promote sustainable economic development.3 A health perspective to environmental protection builds linkages between the anthropocentric and eco-centric approaches to 1. See Edward P. Richards, The Role of Medical and Public Health Services in SustainableDevelopment, 32 ENVTL. L. REP. 11299, 11299 (2002), available at http://biotech.law.Isu.edu/Articles/32ELR11299.pdf. For example, Agenda 21, like the World Health Organization's broad definition of health, expands the traditional focus and emphasizes the need for improvement in basic medical care, preventive medicine, and physical and mental health. 2. Id. (explaining that when diseases like malaria or HIV/AIDS disable large parts of the population, economic development is less efficient, which can have an environmental impact); see also WORLD HEALTH ORG. [WHO], THE WORLD HEALTH REPORT 1999, at 1-12 (1999) (demonstrating the relationship between improvements in economic growth and corresponding improvements in health, suggesting that poor health conditions can trap people in poverty). 3. See, e.g., WHO COMM'N ON MACROECONOMICS & HEALTH [WHO CMH], MACROECONOMICS AND HEALTH: INVESTING IN HEALTH FOR ECONOMIC DEVELOPMENT 1-3, 16 (Dec. 20, 2001) (presented by Jeffrey D. Sachs). Good health facilitates development and development often promotes good health. While improved health may be a prerequisite for development, some behavioral determinants of health such as attitudes towards the environment, people's lifestyles and consumption patterns, can impede sustainable development in the long run. Id. 600 AM. U. INT'L L. REV. [21:597 environmental protection.4 Environmental protection and protection of human health are not mutually exclusive, but rather mutually reinforcing.5 The agenda for the protection of the global environment is largely embodied in the development of international environmental law. Despite the large body of international environmental law, its effective national implementation to achieve positive, health outcomes in developing countries is beset by domestic legal and institutional bottlenecks. It is however argued that a linkage between health, environment, and natural resources ensures the complementary use of tools that can achieve positive outcomes for both health and the environment.6 The positive contribution of environmental management to health promotion will continue to evolve. While there is increasing scholarship on the role of international environmental law in the protection of health at the international plane, little has been explored on the interface between public health and environmental protection at the national level within developing 4. See Robert T. Lackey, If EcologicalRisk Assessment is the Answer, What is the Question?, 3 HEALTH & ECOLOGICAL ASSESSMENT 3-4 (1997), available at http://www.epa.gov/wed/pages/stuff/lackey/pubs/question.htm; see also Carlos Corvalan et al., Millennium Ecosystem Assessment Synthesis Report, MILLENNIUM ECOSYSTEM ASSESSMENT, Mar. 23, 2005, at 9-18, 38, available at http://www.eco- index.org/search/pdfs/millenium-ecosystem-assessment.pdf (showing that health is an essential part of both an anthropocentric approach to environmental protection, which means that one assumes that the benefits of decisions regarding ecological systems are accruable to humans as a way of insuring the future, and an ecocentric approach, which views all species as equal and states that humans must make sound ecological decisions because protecting plants and animals is morally right). 5. See Kevin R. Gray, World Summit on Sustainable Development: Accomplishments and New Directions?, 52 INT'L &
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