Environmental Conventions29 min average read

Background:

• Adopted in 1982, marking the 10th anniversary of the Stockholm Conference.

Objectives:

• Envisioned the establishment of a dedicated commission to develop comprehensive, long-term environmental strategies for achieving sustainable development beyond the year 2000.

Endorsement:

• • Officially endorsed by the governing Council of the United Nations Environment Programme (UNEP) in 1987.

5.The “World Charter for Nature” (1982):

In a significant development on October 28, 1982, the United Nations introduced the “World Charter for Nature,” providing a framework for the safeguarding and maintenance of worldwide natural habitats and resources. This charter delineated five essential “principles of conservation,” serving as guidelines for all human actions impacting nature. Additionally, it underscored the imperative consideration of natural systems in tandem with social and economic development.

Key Elements of the World Charter for Nature:

1. Principles of Conservation:
   • The charter defined five core principles of conservation, establishing a comprehensive code of conduct for human interactions with nature.
2. Guiding Human Conduct:
   • Emphasizing the charter’s significance, it serves as a benchmark to guide and evaluate all human conduct that influences the environment.
3. Integration of Natural Systems:
   • The charter recognizes the inseparable link between social and economic development and the necessity to integrate natural systems into the decision-making process.

6.Vienna Convention on the Protection of the Ozone Layer:

Background:

• Ratified in 1985, effective from 1988, the Vienna Convention sets the framework for global efforts to safeguard the ozone layer.
• While lacking legally binding CFC use reduction targets, it paved the way for the Montreal Protocol.

Origins and Global Concern:

• Developed in response to studies in the 1970s revealing man-made chlorofluorocarbons (CFCs) impact on ozone molecules.

Salient Features:

• The first of its kind, universally adopted in 2009.
• The Montreal Protocol, implemented in 1987, supports the Convention’s goals by reducing Ozone Depleting Substances (ODSs) production and use.
• Designated Ozone Day on September 16, 1994, when both the Montreal Protocol and Vienna Convention were universally adopted.

Vienna Convention – Purpose and Goals:

Primary Objective:

• Established on March 22, 1985, the primary goal is to prevent the destruction of the ozone layer.
• Ratified by all member states on September 16, 2009, making it the first treaties in United Nations history.

Conference of Parties (COP):

• Conducted every three years

Ozone Depletion and Vienna Convention:

Scientific Insights:

• Ozone layer thinning is evident, influenced by man-made substances like industrial gases.
• Natural occurrences, such as volcanic eruptions, contribute to ozone level changes, but current depletion is primarily human-induced.

Industrial Impact:

• Industrial gases used in products like aerosol sprays, freezers, and air conditioners break down into halogen atoms, depleting ozone through catalytic cycles.
• Antarctica exhibits the highest ozone depletion due to unique atmospheric conditions during winter.

Vienna Convention – International Impact and India’s Involvement:

Global Reach:

• Vienna Convention impacts global policies, as demonstrated by the Kigali Agreement, seeking to reduce hydrofluorocarbons (HFCs) by 80-85% by 2045.

India’s Role:

• India, a signatory since inception, ratified the treaty in 1991 and acceded to the Montreal Protocol in 1992.
• The Ministry of Environment, Forests, and Climate Change oversees the Montreal Protocol’s implementation in India, with the Ozone Cell ensuring compliance.
• India successfully phased out carbon tetrachloride (CTC) by January 1, 2010, in alignment with protocol requirements.

6(A).The Montreal Protocol

Establishment and Objectives:

• In 1987, the international community established the Montreal Protocol as a response to the depletion of the ozone layer.
• This groundbreaking treaty, signed by all nations, is celebrated as a significant environmental triumph within the United Nations.

Primary Objective:

• The Montreal Protocol aims to curb the production and consumption of ozone-depleting substances, thereby mitigating their impact on the Earth’s ozone layer.

Original Protocol (1987):

• Developed countries, under the original agreement, were mandated to initiate the phasing out of CFCs in 1993.
• Targets included a 20% reduction relative to 1986 consumption levels by 1994 and a subsequent 50% reduction by 1998.
• Additionally, developed nations were required to freeze production and consumption of halons at 1986 levels.

Protocol Amendments:

• The Parties to the Montreal Protocol have amended the agreement to address new chemicals and establish a financial mechanism facilitating compliance for developing countries.

Equitable Treatment and Acknowledgment:

• Notably, the Montreal Protocol acknowledged that nations should not be treated uniformly.
• Recognizing varying contributions to ozone depletion, the agreement established more stringent standards and an accelerated phase-out timetable for countries that have contributed most significantly.

Global Acceptance:

• India, recognizing the significance of this protocol, accepted it along with its London Amendment in September 1992.

Kigali Amendment to the Montreal Protocol:

Background and Adoption:

• On October 15, 2016, under the leadership of the United States, 197 nations came together in Kigali, Rwanda, to adopt an amendment to the Montreal Protocol.
• The amendment specifically targets the phasedown of hydrofluorocarbons (HFCs), which are widely used in air conditioning, refrigeration, and foam insulation.

Objectives of the Kigali Amendment:

• Aims to achieve a substantial reduction of HFC production and consumption.
• Seeks to accomplish an ambitious goal of over 80% reduction in HFC consumption by the year 2047.
• Recognizes the powerful greenhouse gas nature of HFCs, despite their lack of impact on ozone layer depletion.

Legal Framework and Implementation:

• The Kigali Amendment is legally binding and officially took effect on January 1, 2019.
• Developed countries initiated the reduction of HFC consumption in 2019.
• Most developing countries are set to freeze consumption in 2024, while specific circumstances allow for a delayed freeze until 2028 for certain developing countries, including India.

Phased Reduction Targets:

• Developed countries are mandated to reduce HFC use by 10% from 2011-2013 levels by 2019 and by 85% by 2036.
• A second group of developing countries, such as China and African nations, commit to commencing the transition in 2024. They aim for a 10% reduction compared to 2020-2022 levels by 2029 and 80% by 2045.
• A third group of developing countries, including India, Pakistan, and Arab Gulf states, begin their reduction process in 2028. Their targets include a 10% reduction by 2032 from 2024-2026 levels and an ultimate 85% reduction by 2047.

Financial Support for Transition:

• The amendment includes provisions for financing to aid certain countries in transitioning to climate-friendly alternatives.
• This financial support acknowledges the unique circumstances of developing nations and facilitates their move away from HFC reliance.

7.Basel Convention on Trans-Boundary Movement of Hazardous Wastes (1989):

Introduction:

• In response to the increasing public resistance and rising disposal costs related to hazardous wastes in the industrialized world during the 1980s, the Basel Convention on Trans-Boundary Movement of Hazardous Wastes was established.
• This period witnessed a phenomenon known as the NIMBY (Not in My Back Yard) syndrome, prompting some operators to seek inexpensive disposal options in developing countries with less developed environmental awareness and lacking regulatory enforcement.

Key Provisions:

• The Basel Convention, implemented as an international treaty, aims to curtail the movement of hazardous waste across nations.
• Its primary focus is to prevent the transfer of hazardous waste from developed countries to less developed countries (LDCs).
• It is important to note that the convention does not address the movement of radioactive waste. The treaty officially came into force in 1992.

Objectives: The overarching objectives of the Basel Convention are threefold:

1. Reduce Trans-Boundary Movements: The convention seeks to decrease the trans-boundary movements of hazardous wastes.
2. Minimize Waste Creation: It aims to minimize the creation of hazardous wastes.
3. Prohibit Shipment to LDCs: One of its crucial goals is to prohibit the shipment of hazardous waste from developed countries to less developed countries.

Implementation in India:

• India, recognizing the significance of addressing hazardous waste management, ratified the Basel Convention. Subsequently, the country enacted the Hazardous Wastes Management Rules Act in 1989.
• This legislation incorporates essential Basel provisions related to the notification of import and export of hazardous wastes, illegal traffic, and liability.
• The move demonstrates India’s commitment to aligning its waste management practices with international standards outlined by the Basel Convention.

8.United Nations Conference on Environment and Development (Earth Summit), 1992

• In continuation of the Stockholm Declaration, 1972 and the Nairobi Declaration,1982 the third major Declaration was held in Rio-de-Janeiro in Brazil in the year 1992.
• Hence it is termed as Rio-Declaration and attended by over 150 countries. Hence, it is also well known as ―Earth Summit.
• It discussed global and environmental problems very widely.
• It was the biggest International Conference in the history of International Relations – was also called the “Parliament of the planet”

The formal process of UNCED culminated in the adoption of five documents, namely

• Rio Declaration– a statement of broad principles to guide national
  conduct on environmental protection and development.
• Agenda-21, a massive document containing a detailed action-plan for sustainable development.
• Principles of Forestry.
• Convention on Climate Change and
• Convention onBiodiversity.

The Rio Declaration

• The Rio Declaration was adopted in the conference recognizing the universal and integral nature of Earth and by establishing a global partnership among states and enlisting general rights and obligations on environmental protection.
• The RioDeclaration is a statement of 27 principles for the guidance of national environmental behaviour and enlisting general rights and obligations on environmental protection.
• Rio principles placed human beings at the centre of sustainable development concerns by stating that humans are entitled to a healthy and productive life in harmony with nature
• The gist of those principles are happy and healthy life to all people in the world in order to achieve this goal, concept of sustainable development has been established.
• To achieve sustainable development, states shall reduce and eliminate unsustainable patterns of production and consumption, exchange of scientific and technological knowledge, compensation for adverse effects of environmental damage caused by activities with in their jurisdiction or control to areas beyond their jurisdiction, precautionary approach shall be widely applied by states polluter should bear the cost of pollution, Environmental impact assessment as an instrument to monitor the likely environmental effects.

GLOBAL ENVIRONMENT FACILITY (GEF):

Establishment and Location:

• GEF was founded on the eve of the 1992 Rio Earth Summit to address global environmental challenges.
• Headquarters located in Washington D.C., United States.
• Participation involves 184 parties.

Joint Management:

• GEF is jointly managed by three organizations: United Nations Development Programme (UNDP), World Bank, and United Nations Environment Programme (UNEP).

Grant Allocation:

• As an independent financial institution, GEF allocates grants for projects covering a spectrum of environmental issues.
• Supported project categories include Biodiversity, Climate Change, International Waters, Land Degradation, Ozone Layer, Persistent Organic Pollutants (POPs), Mercury, Sustainable Forest Management, Food Security, and Sustainable Cities.

Financial Mechanism for Conventions:

• GEF serves as the financial mechanism for various international conventions, namely:
  • Stockholm Convention
  • UN Framework Convention on Climate Change (UN-FCC)
  • UN Convention on Biological Diversity (UN-CBD)
  • UN Convention to Combat Desertification (UN-CCD)
  • Montreal Protocol
  • Minamata Convention

Agenda-21

• Agenda 21 is a non-binding action plan of the United Nations with regard to sustainable development.
• It is a product of the Earth Summit (UN Conference on Environment and Development) held in Rio de Janeiro, Brazil, in 1992.
• It is an action agenda for the UN, other multilateral organizations, and individual governments around the world that can be executed at local, national, and global levels.
• One major objective of the Agenda 21 initiative is that every local government should draw its own local Agenda 21.
• Its aim initially was to achieve global sustainable development by 2000, with the “21” in Agenda 21 referring to the original target of the 21st century.
• It is a comprehensive action plan which gives a future plan in relation to
  environment and development.
• The Agenda emphasizes on issues like poverty, health consumption patterns, natural resource use, financial resources human settlements and technological
• It also includes energy, climate and other wide range of issues concerning
  environment and development.
• Agenda-21 is not a binding document but it constitutes the key document of the Rio

Convention to Combat Desertification (UNCCD):

Established and Secretariat Location:

• Established in 1994.
• The Secretariat is located in Bonn, Germany, since January 1999.

International Linkage and Sustainable Land Management:

• The UNCCD is the only legally binding international agreement that connects environment and development to sustainable land management.
• It stands out as the sole convention resulting directly from a recommendation of the Rio Conference’s Agenda 21.

Awareness and Recognition:

• In 2006, the Convention gained global recognition as the “International Year of Deserts and Desertification,” emphasizing the importance of combating desertification.
• The Ministry of Environment, Forest and Climate Change is the designated nodal Ministry responsible for overseeing this Convention.

Implementation Strategies:

• The Convention outlines strategies and action plans for member countries to implement sustainable land management practices.

Research and Innovation:

• UNCCD supports research and innovation to develop effective solutions for combating desertification, including technologies for sustainable agriculture and land restoration.

Monitoring and Reporting:

• The Convention establishes mechanisms for monitoring land degradation and reporting on progress, ensuring accountability among member nations.

9.Convention on Biological Diversity (CBD):

Background and Legal Status:

• Became a legally binding treaty on December 29, 1993.
• Currently has 196 parties and 168 signatories, including India.
• Almost all nations have ratified the CBD, with the notable exception of the United States, which has signed but not ratified it.

CBD Secretariat and Operations:

• The CBD Secretariat is based in Montreal, Canada.
• Operates under the United Nations Environment Programme (UNEP).

Key Protocols:

• Cartagena Protocol on Biosafety:
  • Adopted during COP 5 on January 29, 2000.
  • Came into force on September 11, 2003.
• Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS):
  • Adopted on October 29, 2010, in Nagoya, Japan, at COP10.
  • Entered into force on October 12, 2014.

Strategic Plan and Targets:

• COP-10 adopted the ten-year framework known as the “Strategic Plan for Biodiversity 2011-2020.”
• This plan includes 20 ambitious yet achievable targets collectively known as the Aichi Targets for biodiversity.

National Implementation:

• India enacted the Biological Diversity Act in 2002 to give effect to the provisions of the CBD.

Global Perspective:

• The CBD focuses on three main goals:
  • Conservation of biological diversity.
  • Sustainable use of the components of biological diversity.
  • Fair and equitable sharing of benefits arising from the utilization of genetic resources.

International Participation:

• Apart from the United States, all UN member states are parties to the CBD.

9(A).Nagoya Protocol: 

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) stands as a supplementary agreement to the UN Convention on Biological Diversity (CBD).

• Adopted in 2010 in Nagoya, Japan.
• Entered into force in October 2014.

Objectives of the Protocol:

The primary objective of the Nagoya Protocol is to ensure the fair and equitable sharing of benefits derived from the utilization of genetic resources, contributing to the conservation and sustainable use of biodiversity.

• Establishes a legal framework to implement the Convention on Biological Diversity’s goal of fair and equitable benefit-sharing.
• Imposes obligations on members to enact measures related to access to genetic resources, benefit-sharing, and compliance.

Significance of the Nagoya Protocol:

The Nagoya Protocol holds substantial importance in the realm of biodiversity conservation and the fair distribution of benefits linked to genetic resources, aiming to prevent the exploitation of indigenous peoples and their traditional knowledge.

• Promotes legal certainty and transparency for both users and owners of genetic resources.
  • Sets predictable conditions for access to genetic resources.
  • Enhances benefit-sharing experiences when genetic resources move across borders.
• Contributes to better conservation and sustainable use of genetic resources, consequently supporting biodiversity conservation.
• Represents a crucial step in the implementation of the CBD.

Role in Biodiversity Conservation:

The Nagoya Protocol plays a vital role in the conservation of biodiversity by addressing the specific needs of genetic resources from animals, plants, and microorganisms.

• Genetic resources are increasingly valuable in various fields such as drug development, crop protection, specialized chemicals production, and industrial processing.
• Provides researchers with a framework to access genetic resources for biotechnology research, ensuring a fair share in benefits.
• Respects the value of traditional knowledge associated with genetic resources, benefiting indigenous and local communities through a legal framework.

9(B).Cartagena Protocol on Biosafety: 

The Cartagena Protocol on Biosafety is a supplementary agreement to the Convention on Biological Diversity (CBD) and was adopted on January 29, 2000, in Cartagena, Colombia. This protocol specifically addresses the safe handling, transfer, and use of living modified organisms (LMOs), also known as genetically modified organisms (GMOs), that may have adverse effects on biodiversity.

Key Objectives:

1. Regulating Transboundary Movements: The primary aim of the Cartagena Protocol is to regulate transboundary movements of LMOs to ensure their safe transfer and prevent potential risks to biological diversity.
2. Advance Informed Agreement (AIA): The protocol introduces the concept of Advance Informed Agreement, requiring exporting countries to notify and obtain consent from importing countries before transferring LMOs.
3. Risk Assessment and Management: It establishes a clear framework for the risk assessment and management of living modified organisms, incorporating scientific principles to evaluate potential adverse effects on biodiversity.

Core Provisions:

1. Biosafety Clearing-House (BCH): The Cartagena Protocol establishes a Biosafety Clearing-House, a mechanism designed to facilitate the exchange of information on living modified organisms, their potential risks, and risk management measures.
2. Identification, Documentation, and Labeling: The protocol emphasizes the importance of proper identification, documentation, and labeling of LMOs to enhance transparency and enable better monitoring of their movements.
3. Capacity Building and Public Awareness: Recognizing the need for global cooperation, the protocol encourages capacity-building initiatives and promotes public awareness regarding the safe transfer and use of living modified organisms.

Implementation and Compliance:

The Cartagena Protocol operates on a system of mutual cooperation and respect for national sovereignty. It calls for countries to develop their domestic regulations to align with the protocol’s objectives and encourages the sharing of information and experiences among nations.