Environmental Governance Regimes

International Environmental Negotiation Process

The INC3 Advances the Zero Draft of the Global Plastic Treaty: A Significant Step forward in the Negotiating Process

The third session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-3) took place from 13 to 19 November 2023 in Nairobi, Kenya. The INC3 which followed the INC2 convened in Paris, France brought together more than 1.900 delegates representing 161 Members including the European Union and over 318 observer organizations including UN entities, intergovernmental organizations, and non-governmental organizations. The ultimate aim of the INC was to advance the development of the plastic treaty, using the Zero Draft document* issued after the INC 2, as a basis for its discussions. The INC3 was preceded by a preparatory meeting convened on 11 November 2023 which addressed the Synthesis Report.

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Environmental Governance Regimes

Global Landmark Framework on Chemicals Adopted to Achieve Sustainable Chemicals Management

Convened from 25 to 29 September 2023 in Bonn, the fifth International Conference on Chemicals Management (ICCM5), organised by UNEP, formally adopted a new global framework for the sound management of chemicals and waste, the “Global Framework on Chemicals – For a planet free of harm from chemicals and waste.” Throughout the Conference, a unique but intense international negotiation process took place where delegates from States, intergovernmental organisations, industry, NGOs, indigenous people, youth, and academia equally joined forces to reach a positive outcome. Indeed, until the very last minute of the negotiations, the draft’s provisions on the principle of common but differentiated responsibilities, technology transfer “on mutually agreed terms,” and the polluter pays principle remained bracketed demonstrating the intricate function of international environmental negotiations.

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Environmental Governance Regimes

The Mediterranean Commission for Sustainable Development Holds its 20th Meeting in Marseille: The Region’s Transition Towards Sustainability

The 20th meeting of the Mediterranean Commission on Sustainable Development (MCSD) took place in Marseille (France) from 14 to 16 June 2023. The MCSD aims to assist the Contracting Parties in their efforts to integrate environmental issues in their socioeconomic programmes and to promote sustainable development policies in the Mediterranean region. Being unique in its composition, the Commission brings together government representatives, local authorities, socio-economic actors, non-governmental organizations, intergovernmental organizations, the scientific community and parliamentarians. All MCSD members participate in its meetings on an equal footing. Notably, the MEPIELAN Centre has been elected as Non-Contracting Party of the MCSD (2016-2019) and Member of its Steering Committee (2019-2021).

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Environmental Governance Regimes

United Nations Delegates Reach Historic High Seas Agreement

After a decade and a half of negotiations, the UN member states reached agreement on the establishment of the landmark treaty to conserve and sustainably use the marine biological diversity in areas beyond national jurisdiction (BBNJ treaty) in the context of the resumed fifth session of the Intergovernmental Conference (IGC 5-2).* The IGC 5-2 took place from 20 February to 4 March 2023 at UN Headquarters in New York with the mandate to deal with the numerous issues that had been left pending at the conclusion of IGC-5 in August 2022.

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Environmental Governance Regimes

The 79th IMO MEPC Adopts the Mediterranean Sea Emission Control Area for Sulphur Oxides and Particulate Matter (Med SOx ECA) on 15 December 2022: A Turning Point in the Mediterranean

The 79th session of the Marine Environment Protection Committee (MEPC 79) of the International Maritime Organization (IMO) was convened from 12 to 16 December 2022 at IMO Headquarters in London. On 15 December 2022 MEPC 79 adopted the drafted amendments and formally designated the Mediterranean Sea, as a whole, as an Emission Control Area (ECA) for Sulphur Oxides and particulate matter under regulation 14 of Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) in an effort to halt the air pollution from ships.

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International Environmental Negotiation Process

The First Session of the International Negotiating Committee Takes Place Towards a Landmark Global Agreement on Plastic Pollution

Following the mandate agreed by the adoption of the historic UNEA resolution 5/14 in March 2022, the first of the five planned meetings of the International Negotiating Committee (also known as INC-1) took place in Punta del Este, Uruguay from 28 November to 2 December 2022. More than 2.300 delegates from 160 countries and representatives from the private sector and the civil society participated at the meeting. The ultimate task of the INC is to develop an internationally binding instrument to combat plastic pollution by 2024, based on a comprehensive approach that addresses the full lifecycle of plastics.

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Articles

Articles

Spatial/ Regional Planning: a Territorial Dimension of Human Rights and Democracy

The Council of Europe actively promotes sustainable development in line with Recommendation Rec (2002) 1 of the Committee of Ministers to member states on the Guiding Principles for Sustainable Spatial Development of the European Continent, which were adopted initially by the Council of Europe Conference of Ministers responsible for Regional/Spatial Planning (CEMAT).  The Action Plan adopted by the Heads of State and Government at the Third Council of Europe Summit in Warsaw, on 17 May 2005, includes a section on “Promoting sustainable development” which provides that: “We are committed to improving the quality of life for citizens.  The Council of Europe shall therefore, on the basis of the existing instruments, further develop and support integrated policies in the fields of environment, landscape, spatial planning and prevention and management of natural disasters, in a sustainable development perspective”.

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Articles

The North-Western Mediterranean Particularly Sensitive Sea Area

By Resolution MEPC.380(80) of 7 July 2023, the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO) designated the North-Western Mediterranean Sea as a Particularly Sensitive Sea Area (PSSA). It is the sixteenth PSSA so far established and the second in the Mediterranean Sea.

PSSAs are areas that need special protection through action by IMO because of their significance for recognized ecological, socio-economic or scientific reasons and which may be vulnerable to damage by international maritime activities. They can be established according to a set of Revised guidelines for the identification of PSSAs, adopted in 2005 by the IMO Assembly under Resolution A.982(24), as amended in 2015 by Resolution MEPC.267(68).

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Articles

Liability for Injurious Consequences Arising Out of Offshore Exploration and Exploitation

The continuous expansion of the offshore industry due to the increasing energy demands may have serious detrimental impacts on the marine environment, which in the smaller regional seas could be hardly reparable. Suffice to mention the Deepwater Horizon disaster in the Gulf of Mexico, the largest marine oil spill to date.

Prevention activities are therefore very important, although the risk of pollution, due to the extremely ultrahazardous  nature of offshore drilling, cannot be completely eliminated This main characteristic of offshore activities makes liability for their injurious consequences almost as much important as prevention measures, as far as the victims are concerned.

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Articles

Internationalizing Participatory Democracy: Implementing the Principles of the Aarhus Convention in International Decision-making

Considering international law and the non-linear phases of its long historical development, there is a compelling theoretical-practical need – but one that is not confessed by the dominant positivist thinking that permeates it: to  delve into, and evaluate the normative quality of the horizontality of international order. In other words, to delve into the process of the horizontal normativity of international law in its unceasing pursuit and polycentric flowing construction of the international common interest on which international society is based and evolves. This is a characteristic contemporary neglect that goes hand in hand with the intolerable limitations imposed by the positivist methodology of international law that imbues the religious-like "fundamental belief" of the modern era of “non-thoughtful international lawyers” that international law exists and develops as an analogy of private law, that treaties are concluded as discrete transactions and function like private law contracts.

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Articles

Public Participation in China’s Green Leap Forward: Paradoxes and Changing Mode in the Era of Political Control and Environmental Technocracy

In November 2022, China’s State Council announced a spatial layout plan for national parks. It selected 49 candidate areas for building national parks, including the first five that had all been recently developed. After these 49 planned parks are established, China will have the largest national park system in the world, covering close to 10% of the country’s land area and protecting 80% of its key wildlife species and their habitats. This plan, involving 700 existing protected areas and 10 world heritage sites across 28 provinces, is just one component, and not even the largest, of a series of mega initiatives that China has been rapidly implementing to enhance biodiversity conservation in recent years.

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Articles

The BBNJ Agreement comes ashore: a preliminary analysis

Last March 4, 2023, Rena Lee, President of the Intergovernmental Negotiating Conference on an Agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (the BBNJ Agreement), announced with emotion and symbolic words the happy outcome of the process: “the ship has reached the shore”. After 20 years of work, including 6 years of formal negotiations and 36 uninterrupted hours of final consultations behind closed doors, all outstanding issues had been overcome and the President was able to present a text reflecting the end of the negotiation. The process was successfully completed, pending final editorial refining of the text, translation into the six official languages of the United Nations, and formal adoption of the Agreement, which is scheduled for June 2023.

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Opinions

Opinions

The Output of the Durban Climate Change Negotiations: A First Critical Approach

The United Nations Durban Conference on climate change convened from 28 November to 11 December 2011. It involved a number of events, including the 17th Conference of the Parties (COP 17) to the United Nations Framework Convention on Climate Change (UNFCCC) and the 7th Conference of the Parties serving as the Meeting of Parties to the Kyoto Protocol (CMP 7).

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Opinions

The Benefits of Continuous Training and Education in International Environmental Negotiations: Reviewing two Practical Guides for Environmental Negotiators

Nowadays, international environmental negotiation has become one of the most substantial and widespread forms of international communication in the realm of international environmental governance and an invaluable tool for handling and offering mutually beneficial solutions to large-scale transboundary environmental problems.

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Opinions

Reviewing Two Distant OECD Environmental Performance Reports for Greece: What Progress?

When the first OECD Environmental Performance Review of Greece was published in 1983, the great challenge for the Greek Government was to respond to the pressures on the natural resources and the environment resulting from the rapid economic growth, which started in the 1970s, and the consequent expansion of a number of potentially heavy polluting industries. Almost thirty years later, the latest OECD Review, the 2009 OECD Environmental Performance Review of Greece, proves that not only little has been done by the consecutive Greek Governments since then, but also, major warnings have been systematically ignored.

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Documents & Cases

Documents & Cases

The United Nations General Assembly Adopts the First-ever Resolution on Illicit Trafficking in Wildlife

After three years of intense diplomatic efforts, the United Nations General Assembly (UNGA) unanimously adopted the Resolution 69/314, entitled ‘Tackling the Illicit Trafficking in Wildlife’ on 30 July 2015. This Resolution marks the first time that the 193 UN Member States have agreed to increase their joint effort to curb the escalating poaching and illegal trade in protected species of wild fauna and flora.

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Documents & Cases

Report of the Open Working Group on SDGs: An Innovative Process with a Significant Input to the Post-2015 Agenda

After almost one and a half year of intense deliberations, the proposal of the Open Working Group on sustainable development goals was submitted in August 2014 for consideration and appropriate action by the UN General Assembly. A short historical background on the establishment of the Open Working Group and a brief description of its outcome is provided below.

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Documents & Cases

IUCN WCEL Oceans Coasts and Coral Reefs Specialist Group written statement submitted to the International Tribunal for the Law of the Sea (ITLSO) for Case no. 21, Request for an Advisory Opinion submitted by the Sub-Regional Fisheries Commission

The International Union for Conservation of Nature (IUCN) was established in 1948 and is the largest conservation organization in the world. The IUCN has some 1,200 Members from 160 countries that include 800 non-governmental organizations (NGOs), close to 100 international non-governmental organizations (INGOs) and many government agencies. In addition, there are 11,000 volunteer scientists and other experts from more than 160 countries.

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Documents & Cases

The World Congress Rio+20 Declaration on Justice, Governance and Law for Environmental Sustainability

The World Congress on Justice, Governance and Law for Environmental Sustainability was held in Brazil, from 17-20 June 2012, with the aim to contribute to the support of Chief Justices, Attorneys General, Auditors Generals and other legal experts to the achievement of sustainable development and to provide inputs to the United Nations Conference on Sustainable Development Rio +20.

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Books

Books

Consensus and Global Environmental Governance Deliberative Democracy in Nature’s Regime

In this book, Walter Baber and Robert Bartlett explore the practical and conceptual implications of a new approach to international environmental governance. Their proposed approach, juristic democracy, emphasizes the role of the citizen rather than the nation-state as the source of legitimacy in international environmental law; it is rooted in local knowledge and grounded in democratic deliberation and consensus.

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Thematic News

International Environmental Negotiation Process

The INC3 Advances the Zero Draft of the Global Plastic Treaty: A Significant Step forward in the Negotiating Process

The third session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-3) took place from 13 to 19 November 2023 in Nairobi, Kenya. The INC3 which followed the INC2 convened in Paris, France brought together more than 1.900 delegates representing 161 Members including the European Union and over 318 observer organizations including UN entities, intergovernmental organizations, and non-governmental organizations. The ultimate aim of the INC was to advance the development of the plastic treaty, using the Zero Draft document* issued after the INC 2, as a basis for its discussions. The INC3 was preceded by a preparatory meeting convened on 11 November 2023 which addressed the Synthesis Report.

Read the full text

Environmental Governance Regimes

Global Landmark Framework on Chemicals Adopted to Achieve Sustainable Chemicals Management

Convened from 25 to 29 September 2023 in Bonn, the fifth International Conference on Chemicals Management (ICCM5), organised by UNEP, formally adopted a new global framework for the sound management of chemicals and waste, the “Global Framework on Chemicals – For a planet free of harm from chemicals and waste.” Throughout the Conference, a unique but intense international negotiation process took place where delegates from States, intergovernmental organisations, industry, NGOs, indigenous people, youth, and academia equally joined forces to reach a positive outcome. Indeed, until the very last minute of the negotiations, the draft’s provisions on the principle of common but differentiated responsibilities, technology transfer “on mutually agreed terms,” and the polluter pays principle remained bracketed demonstrating the intricate function of international environmental negotiations.

Read the full text

Environmental Governance Regimes

The Mediterranean Commission for Sustainable Development Holds its 20th Meeting in Marseille: The Region’s Transition Towards Sustainability

The 20th meeting of the Mediterranean Commission on Sustainable Development (MCSD) took place in Marseille (France) from 14 to 16 June 2023. The MCSD aims to assist the Contracting Parties in their efforts to integrate environmental issues in their socioeconomic programmes and to promote sustainable development policies in the Mediterranean region. Being unique in its composition, the Commission brings together government representatives, local authorities, socio-economic actors, non-governmental organizations, intergovernmental organizations, the scientific community and parliamentarians. All MCSD members participate in its meetings on an equal footing. Notably, the MEPIELAN Centre has been elected as Non-Contracting Party of the MCSD (2016-2019) and Member of its Steering Committee (2019-2021).

Read the full text

Environmental Governance Regimes

United Nations Delegates Reach Historic High Seas Agreement

After a decade and a half of negotiations, the UN member states reached agreement on the establishment of the landmark treaty to conserve and sustainably use the marine biological diversity in areas beyond national jurisdiction (BBNJ treaty) in the context of the resumed fifth session of the Intergovernmental Conference (IGC 5-2).* The IGC 5-2 took place from 20 February to 4 March 2023 at UN Headquarters in New York with the mandate to deal with the numerous issues that had been left pending at the conclusion of IGC-5 in August 2022.

Read the full text

Environmental Governance Regimes

The 79th IMO MEPC Adopts the Mediterranean Sea Emission Control Area for Sulphur Oxides and Particulate Matter (Med SOx ECA) on 15 December 2022: A Turning Point in the Mediterranean

The 79th session of the Marine Environment Protection Committee (MEPC 79) of the International Maritime Organization (IMO) was convened from 12 to 16 December 2022 at IMO Headquarters in London. On 15 December 2022 MEPC 79 adopted the drafted amendments and formally designated the Mediterranean Sea, as a whole, as an Emission Control Area (ECA) for Sulphur Oxides and particulate matter under regulation 14 of Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) in an effort to halt the air pollution from ships.

Read the full text

International Environmental Negotiation Process

The First Session of the International Negotiating Committee Takes Place Towards a Landmark Global Agreement on Plastic Pollution

Following the mandate agreed by the adoption of the historic UNEA resolution 5/14 in March 2022, the first of the five planned meetings of the International Negotiating Committee (also known as INC-1) took place in Punta del Este, Uruguay from 28 November to 2 December 2022. More than 2.300 delegates from 160 countries and representatives from the private sector and the civil society participated at the meeting. The ultimate task of the INC is to develop an internationally binding instrument to combat plastic pollution by 2024, based on a comprehensive approach that addresses the full lifecycle of plastics.

Read the full text

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About MEPIELAN eBulletin

MEPIELAN E-Bulletin is a digital academic and practitioner newsletter of the MEPIELAN Centre, launched in 2010.  It features insight articles, reflective opinions, specially selected documents and cases, book reviews as well as news on thematic topics of direct interest of MEPIELAN Centre and on the activities and role of MEPIELAN Centre. Its content bridges theory and practice perspectives of relational international law, international environmental law and participatory governance , and international negotiating process, thus serving the primary goal of Centre: to develop an integrated, inter-disciplinary, relational, context-related and sustainably effective governance approach creating, protecting and advancing international common interest for the present and future generations. Providing a knowledge- and information-sharing platform and a scholarly forum, the Bulletin promotes innovative ideas and enlightened critical views, contributing to a broader scholarly debate on important issues of international common interest. The audience of the Bulletin includes academics, practitioners, researchers, university students, international lawyers, officials and personnel of international organizations and institutional arrangements, heads and personnel of national authorities at all levels (national, regional and local), and members of the civil society at large.