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Guide for Negotiators of Multilateral Environmental Agreements

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Guide for Negotiators of Multilateral Environmental Agreements GUIDE FOR NEGOTIATORS OF MULTILATERAL ENVIRONMENTAL AGREEMENTS 1 Guide for Negotiators of Multilateral Environmental Agreements ISBN: 978-92-807-2807-1 Job Number: DEL/0932/NA Produced by the UNEP Division of Environmental Law and Conventions Director of Publication: Bakary Kante Writers/Project Coordinators: Mary Jane Mace of FIELD, and Elizabeth Maruma Mrema, Carl Bruch and Charlotte Salpin of UNEP Cover Design: Division of Communication and Public Information, UNEP Design and Layout: UNON/Publishing Section Services/Nairobi; Paul Odhiambo Image Credits: O. Broders / Still Pictures Rapids Colorado/Paria river junction, USA, Arizona, Glen Canyon , The contents of this publication do not necessarily reflect the views or policies of UNEP or contributoring organisations or individuals. This publication may be reproduced in whole or in part and in any form of educational or non-proper services without special permission from the copyright holder, provided acknowledgment of the source is made. UNEP would appreciate receiving a copy of any publication that uses this publication as a source. 2 GUIDE FOR NEGOTIATORS OF MULTILATERAL ENVIRONMENTAL AgREEMENTS Acknowledgments This publication was prepared by Mary Jane Mace with assistance of Jona Razzaque, Scott La Franchi, Abu Raihan Khalid, Alastair Cameron and Zornitsa Vakova of FIELD in collaboration with Elizabeth Maruma Mrema, Carl Bruch and Charlotte Salpin of UNEP. 3 Acronyms AOSIS Alliance of Small Island States AhWG Ad Hoc Working Group CBD Convention on Biological Diversity CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora COP Conference of the Parties COP/MOP Conference of the Parties serving as the Meeting of the Parties IGO Inter-Governmental Organisation INC International Negotiating Committee JWG Joint Working Group LDC Least Developed Country LMMC Like-Minded Megadiverse Countries MARPOL International Convention for the Prevention of Pollution from Ships MOP Meeting of the Parties NGO Non-Governmental Organisation PIC Prior Informed Consent POPs Persistent Organic Pollutants SBI Subsidiary Body for Implementation SBSTA Subsidiary Body for Scientific and Technological Advice (UNFCCC) SBSTTA Subsidiary Body for Scientific, Technical and Technological Advice (CBD) UNCCD UN Convention to Combat Desertification UNCED United Nations Conference on Environment and Development UNCLOS UN Convention on the Law of the Sea UNECE United Nations Economic Commission for Europe UNEP United Nations Environment Programme UNFCCC UN Framework Convention on Climate Change UNGA United Nations General Assembly WMO World Meteorological Organisation 4 GUIDE FOR NEGOTIATORS OF MULTILATERAL ENVIRONMENTAL AgREEMENTS Table of Contents 1. Introduction .............................................................................................7 2. Where do MEAs come from and how do they develop? .........................10 2.1 Pre-negotiation to Entry into Force .................................................10 2.2 MEA Implementation: Institutional Arrangements and Mechanisms ...................................................................................13 2.3 MEA Expansion and Evolution .......................................................16 3. How do I Prepare for Negotiations?.......................................................20 3.1 Identifying National Needs and Developing a National Position ...20 3.2 Mobilising a Negotiation Team ......................................................20 3.3 Briefing Papers and Introductory Statements ..................................21 3.4 Basic Materials to Bring with You ..................................................21 4. What is the Role of Country Coalitions in the Negotiating Process? ......23 4.1 Regional and Interest Group Negotiating Blocs .............................24 4.2 Coalitions within MEAs..................................................................26 4.3 Non-governmental and Inter-governmental Organisations .............29 4.4 Particular Challenges for Developing Country Coalitions ...............31 5. How Does the Negotiating Process Work? .............................................34 5.1 Expected Outcomes .......................................................................34 5.2 Making Oral ‘Interventions’ ...........................................................35 5.3 Negotiating Language: Important Terms to Recognise & Understand ....................................................................................36 5.4 Roles of Individual Negotiators ......................................................41 5.5 Characteristics of a Good Negotiator .............................................41 5.6 Negotiating Strategies ....................................................................43 5 6. How Do I Negotiate Draft Text? .............................................................45 6.1 The distinction between ‘preambular language’ and ‘decision’ text ................................................................................45 6.2 Where does text come from? .........................................................45 6.3 What are ‘brackets’ and how are they used? ..................................46 7. How Should I Report Back From Negotiations? .....................................50 8. Summary ................................................................................................51 Selected Bibliography .....................................................................................54 ANNEX I Web Addresses of selected MEAs ...................................................57 ANNEX II Web Addresses of selected Regional Environmental Agreements ..58 ANNEX III Coalition Membership ..................................................................59 ANNEX IV Conventions for naming MEA Documents ....................................61 6 GUIDE FOR NEGOTIATORS OF MULTILATERAL ENVIRONMENTAL AgREEMENTS 1. Introduction Multilateral Environmental Agreements (MEAs) are a subset of the universe of inter- national agreements. What distinguishes them from other agreements is their focus on environmental issues, their creation of binding international law, and their inclusion of multiple countries. Over the years, many MEAs have been negotiated and agreed at the international and regional levels. Some have a few Parties; some have almost global participation. It has been said that environmental agreements can be divided into two inter-related and overlapping generations: a first generation, of single issue, use-oriented, and mainly sectoral agreements; and a second generation, that take a more holistic approach and focus on sustainable development and sustainable use of natural resources. First generation agreements primarily address the preservation and use of particular natural resources -- such as wildlife, air and the marine environment. Examples include the 1971 Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention), the1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (London Dumping Convention), and the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL). These MEAs set out principles for dealing with threats to liv- ing natural resources, global common resources, and the marine environment. Many of the second generation of more ‘holistic’ MEAs evolved following the United Nations Conference on Environment and Development (UNCED). This Conference, known as the ‘Earth Summit,’ was held in Rio de Janeiro in June 1992 with govern- ment representatives from approximately 180 States present. Two new conventions were opened for signature: the UN Framework Convention on Climate Change (UNFCCC), which is sectoral in that it deals with climate and the atmosphere, but recognizes the broader impacts of climate change on ecosystems, food production and sustainable development; and the Convention on Biological Diversity (CBD) which seeks to bring together agriculture, forestry, fishery, land use and nature con- servation in new ways. The UN Convention to Combat Desertification (UNCCD) was adopted after the Conference and aims to combat desertification and mitigate the effects of drought. These three conventions are often referred to as ‘the Rio Conventions.’ Some of the more familiar MEAs that have been adopted in recent years include the 1998 Agreement on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC Convention or Rotterdam Convention); the 2001 Convention on Persistent Organic Pollutants (POPs Convention or Stockholm Convention); and the 1998 UN/ECE Convention on Access to Information, Public Participation and Decision Making and Access to Justice in Environmental Matters (Aarhus Convention). INTRODUCTION 7 MEAs come in a variety of forms. They can be: n Global or regional: for example, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) applies throughout the world; the Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Waste within Africa (Bamako Convention) applies only within the African region. n Appendix-driven or Annex-driven conventions: the Convention on Internationl Trade in Endangered Species of Wild Fauna and Flora (CITES) is an appendix-driven agreement. Three appendices list animal and plant species in different categories of endangerment,
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