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Issues Brief # 1
                                           The Environmental                                                                                          U N EP
                                           Dimension of IFSD
              UNEP Division of Environmental Law and Conventions (DELC)
Note on Issues Briefs: The issues revolving around the theme of the Institutional Framework for Sustainable Development (IFSD) are complex and
numerous and the information that exists on it is often dispersed and sometimes not easily accessible. The Issues Brief series has been prepared in
order to address some of these information and knowledge gaps as well as to assist stakeholders to understand some of the main concerns that
have been raised over the course of recent formal and informal meetings concerning the environmental pillar of IFSD. The Issues Briefs in no way
represent a position of any stakeholder or the views of the UNEP Secretariat or its member states but are rather intended to be informative and non-
prescriptive. The Issues Briefs will be released on a regular basis over the course of the next 12 months leading up to the Rio+20 Conference.


    Importance of Environmental Pillar to IFSD

Background                                               linkages between environmental,                          sustainable development.2 Ultimately,
                                                         developmental and economic                               a number of institutions were
Ensuring an effective institutional                      concerns. However, as stated in the                      established (mainly under Chapters 38
framework for sustainable                                report of the Secretary-General to                       and 39 of Agenda 213 ), which were
development at all levels and giving                     the first meeting of the Preparatory                     eventually confirmed and specified
full consideration to each of the                        Committee for the Rio+20                                 by the UN General Assembly and the
three pillars: economic, social,                         Conference, despite these advances,                      Secretary-General in December
and environmental, is key to the                         the state of the environment                             1992, including:
realisation of the goals of sustainable                  continues to decline and the divide
development. An international                            between developed and developing                         •	    The 53-member Commission
governance system involves, firstly,                     countries continues to expand. This                            on Sustainable Development
the institutions and mechanisms                          situation is largely attributable to                           (CSD), mainly to carry out public
responsible for the entire process,                      the escalating scale and complexity                            audits of the performance of
integrating all the aspects of                           of environmental change. These                                 governments and international
sustainable development. At the                          changes will harm human well-                                  organizations in their
same time, it also involves institutions                 being, especially for the poor and                             implementation and financing of
specialising in the three key areas.                     vulnerable groups in society, and                              Agenda 21;
Making progress towards sustainability                   needs to be addressed through a
necessitates both strengthening the                      further strengthening of international                   •	    A new UN Department for Policy
overall structure and enhancing the                      environmental governance and                                   Coordination and Sustainable
individual components.                                   an expansion of political space for                            Development headed by an
                                                         taking action.1                                                Undersecretary-General at
Since the Stockholm Conference                                                                                          New York headquarters, and
on the Human Environment (1972),                         IEG in the Rio Declaration and                                 an Inter-Agency Committee on
achievements have been made in                           Agenda 21                                                      Sustainable Development under
protecting the environment through                                                                                      the existing UN Administrative
the creation and strengthening                           In the run-up to the Rio Earth Summit                          Committee on Coordination;
of institutional mechanisms. Such                        in 1992, there were a number of
mechanisms have been established                         proposals for global institutional                       •	    A High-level Advisory Board
to address sectoral environmental                        reform to address environmental                                of eminent persons, reporting
issues, as well as the inter-                            change within the context of                                   to the Secretary-General and
1
 	 See the Report of the Secretary-General, Progress to date and remaining gaps in the implementation of the outcomes of the major summits in the area of sustainable
   development, as well as an analysis of the themes of the Conference (A/CONF.216/PC/2) April 2010. Also see the Information note by the UNEP Executive Director,
   Environment in the UN system. UNEP, 7 June 2010. Available at http://www.unep.org/environmentalgovernance/LinkClick.aspx?fileticket=tZyjX8cn738%3d&tabid=4556
   &language=en-US
2
 	 Peter H Sand International Environmental Law After Rio Among the numerous pre-Rio appraisals see P.S. Thacher, Background to Institutional Options for Management
   of the Global Environment and Commons (1991); J. MacNeill, P. Winsemius & T. Yakushiji, Beyond Interdependence (1991); Falk, ‘Toward a World Order Respectful of
   the Global Ecosystem’, 19 Boston College Env. Affairs L. Rev. (1992) 711; French, ‘After the Earth Summit: The Future of Environmental Governance’, Worldwatch Paper
   No. 107 (1992); L.A. Kimball, Forging International Agreement: Strengthening Intergovernmental Institutions for Environment and Development (1992); Palmer, ‘New
   Ways to Make Environmental Law’, 86 AJIL (1992) 259; Palmer, ‘An International Regime for Environmental Protection’, 42 Wash. U. J. Urban & Contemp. L. (1992)
   5, and comments by Miller, Gelfand & Tarlock, 86 AJIL (1992) 21; see also the NGO ‘Hague Recommendations’ summarised in S. Bilderbeck (ed.), Biodiversity and
   International Law: The Effectiveness of International Environmental Law (1992) 124-156.
3
 	 International Institutional Arrangements and International Legal Instruments and Mechanisms.
I nstitutional                F ramework                 for       S ustainable                  D e v elopment                 issues          B rief        # 1



      through him to the Commission;                     (UNDP), the Food and Agriculture                         Sustainable Development” deals
•	    An independent, non-                               Organisation (FAO), the United                           exclusively with issues of governance
      governmental Earth Council                         Nations Industrial Development                           and presents a set of commitments
      – established to promote and                       Organisation (UNIDO), the                                which support enhancing governance
      advance the implementation of                      International Maritime Organisation                      systems for sustainable development
      the Earth Summit agreements.                       (IMO) contribute to both the social                      at all levels. Specific commitments
                                                         and economic pillar. Almost all of the                   include;
A special financial mechanism, the                       above mentioned institutions have
Global Environment Facility (GEF),                       significant environmental portfolios                     •	    Article 139 f) Increasing
was also established.                                    which add to and complement                                    effectiveness and efficiency
                                                         the CSD, the United Nations                                    through limiting overlap and
In addition, the world saw the                           Environment Programme, the GEF                                 duplication of activities of
completion of two main treaties,                         and the Multilateral Environmental                             international organisations,
the United Nations Framework                             Agreements (MEAs).                                             within and outside the United
Convention on Climate Change                                                                                            Nations system, based on their
(UNFCCC) and the Convention on                           Despite the formation of new                                   mandates and comparative
Biological Diversity (CBD). In addition,                 institutions for advancing sustainable                         advantages;
the negotiation of the United                            development, cumulatively, they have
Nations Convention to Combat                             not been able to halt environmental                      •	    Article 140 (b) Strengthen
Desertification (UNCCD) was initiated                    change which threatens human                                   collaboration within and
and UNEP’s role reiterated.                              wellbeing. Rather than adding new                              between the United Nations
                                                         institutions, measures for enhancing                           system, international financial
Principle 4 of the Rio Declaration                       the effectiveness and efficiency of                            institutions, the GEF and the
on Environment and Development                           the current institutional infrastructure                       WTO, utilising the United
stipulates that “In order to                             needs to be considered. Such                                   Nations System Chief Executives
achieve sustainable development,                         measures could include actions                                 Board for Coordination, the
environmental protection shall                           towards rationalisation, enhanced                              United Nations Development
constitute an integral part of the                       complementarity and strengthened                               Group, the Environment
development process and cannot                           cooperation.                                                   Management Group and other
be considered in isolation from it.”                                                                                    inter-agency coordinating
There has been global acceptance                         IEG in the Johannesburg Plan of                                bodies. Strengthened inter-
of an integrated approach to                             Implementation                                                 agency collaboration should be
governing relationships among                                                                                           pursued in all relevant contexts,
environmental, economic and social                       The concept of three interdependent                            with special emphasis on the
issues. International economic                           and mutually reinforcing pillars                               operational level and involving
institutions form the strongest                          of sustainable development                                     partnership arrangements on
of the three pillars with a regime                       was incorporated into the                                      specific issues, to support,
centred on the international financial                   2002 Johannesburg Plan of                                      in particular, the efforts
and trade organisations, including                       Implementation (JPOI)4. The                                    of developing countries in
the World Bank, the International                        environmental pillar should be                                 implementing Agenda 21;
Monetary Fund (IMF) and the                              visualised as providing “the
World Trade Organisation (WTO).                          foundation for the economic                              •	    Article 140 (d) Fully implement
The social pillar of sustainable                         and social pillars of sustainable                              the outcomes of the decision
development is represented by                            development, because life on earth                             on international environmental
institutions such as the International                   is conditioned upon a healthy                                  governance adopted by the
Labour Organisation (ILO), the World                     environment”.5                                                 Governing Council of the United
Health Organisation (WHO), and                                                                                          Nations Environment Programme
the United Nations Human Rights                          Contained within the JPOI are a range                          at its seventh special session6
Council (UNHRC). Policy sector                           of commitments on strengthening                                and invite the General Assembly
institutions such as the United                          environmental governance. Chapter                              at its fifty-seventh session to
Nations Development Programme                            XI on “Institutional Frameworks for                            consider the important but
4
 	 The World Summit on Sustainable Development (WSSD) met from 26 August - 4 September 2002, in Johannesburg, South Africa. The WSSD’s goal, according to UN
   General Assembly (UNGA) Resolution 55/199, was to hold a ten-year review of the 1992 UN Conference on Environment and Development (UNCED) at the Summit
   level to reinvigorate global commitment to sustainable development. The JPOI is designed as a framework for action to implement the commitments originally agreed at
   UNCED.
5
 	 Note by the Executive Director, “International Environmental Governance: Moving Forward with Developing a Set of Options.” Page 3
6
 	 References in the present chapter to Agenda 21 are deemed to include Agenda 21, the Programme for the Further Implementation of Agenda 21 and the outcomes of
   the Summit


                                                                                  2
I nstitutional                F ramework                 for       S ustainable                 D e v elopment                 issues           B rief       # 1



      complex issue of establishing                      that determine global and regional                       that it is seen as something to
      universal membership for the                       policies, which generate trickle-down                    be freely enjoyed by humans,
      Governing Council/Global                           effects to the national level. Within                    owned by no one and having no
      Ministerial Environment Forum;                     the economic pillar, the international                   economic value or cost. Given the
                                                         financial institutions, in particular                    characteristics of the environment,
Through the JPOI, the World Summit                       the World Bank Group, the IMF and                        its protection would mandate a strict
on Sustainable Development also                          the WTO, provide strongholds for                         governance structure or abundant
supported the full implementation of                     economic interests with substantial                      resources to ensure its protection
the ‘Cartagena Package’.7                                influence on national policies. They                     through incentives.
                                                         owe their influence to their own
The 2005 World Summit Outcome                            governance structures and their                          The relative weakness of the
Document set out, in paragraph                           endowment with financial leverage                        environmental pillar was recognized
169 (A/Res/60/1), areas for further                      and compliance controls. The                             by the Secretary-General in his report
reflection on the current institutional                  institutional set-up in the economic                     to the Preparatory Committee for the
framework of UN environment                              sphere also exemplifies the close                        Rio+20 Conference at its first session
work. These areas include: enhanced                      interrelationship between money and                      (A/CONF.216/PC/2), when he wrote
coordination; improved policy                            power.                                                   that “the environmental pillar is
advice and guidance; strengthened                                                                                 perhaps where progress has been the
scientific knowledge, assessment                         Within the social pillar, institutions                   slowest” and that “most indicators
and cooperation; better treaty                           such as UNDP, the ILO and the WHO                        of environmental improvement
compliance, while respecting the                         have their specific areas of expertise,                  have not demonstrated appreciable
legal autonomy of the treaties; and                      underpinned by internationally                           convergence with those of economic
better integration of environmental                      agreed standards and principles.                         and social progress; indeed, the
activities in the broader sustainable                    While governance structures at the                       overall picture is one of increased
development framework at the                             international level are not as stringent                 divergence.”9
operational level, including through                     as within the economic sphere and
capacity-building.                                       are less well-endowed financially,                       Effective management of the
                                                         the moral imperative for decision                        environment faces an additional
Weakness of environmental                                makers to ensure social well-being                       hurdle in that the environment
governance in the context of                             and the potential political pressure                     interlinks with a multitude of other
sustainable development                                  of a constituency that can speak on                      sectors located within the economic
                                                         its own behalf provides a sufficient                     and social spheres, including
As environmental services underpin                       basis for successful action. Within                      finance and development, industry,
social and economic welfare                              the social sphere, the specialization                    agriculture, health and culture.
and consequently sustainable                             of bodies dealing with specific issues                   This has meant that sustainable
development, the governance                              also guarantees a relatively broad                       development has not been forcefully
systems of all three pillars together                    coverage of social issues.                               implemented, for its implementation
form the core elements of sustainable                                                                             requires the economic and social
development governance. A                                The environmental pillar, with its                       pillars to integrate the environment
functioning sustainable development                      fragmented governance structure                          into their decision-making processes
governance system requires that the                      and relatively meagre financial                          even while they do not see it as a
governance structure for each pillar                     means, is much weaker than the                           main area of concern to them.
be equally strong and that all three                     economic and social pillars. It                          In addition to the weakness of
be mutually supportive.                                  owes its weakness to a number of                         the governance system of the
                                                         factors. One is that protection of                       environmental pillar itself, the
When comparing the strengths of                          the environment lacks the moral                          lack of a sustainable development
the economic and social pillars it                       significance attributed to the                           entity with sufficient authority to
becomes apparent that they have                          protection of human lives. Another is                    achieve coordinated governance
much stronger foundations than does                      that in economic terms it is generally                   of the three pillars means that the
the environmental pillar, in that they                   viewed as a ”public good”;8 in                           overall governance of sustainable
possess strong anchor institutions                       greatly simplified terms this means                      development is also weak.
7
 	 The 2002 ‘Cartagena Package’ (UNEP/GC SS.VII/1) – adopted at the seventh session of the Governing Council/Global Ministerial Environment Forum (GC/GMEF)
   includes recommendations aimed at strengthening international environmental governance through improving coherence in international environmental policymaking,
   strengthening the role and financial situation of UNEP, improving coordination among and the effectiveness of multilateral environmental agreements and further
   promoting capacity building, technology transfer and country-level coordination.
8
 	 In economics, a public good is a good that is “non-rivalrous” and “non-excludable”. A good is non rivalrous when its consumption by one individual does not reduce
   its availability for consumption by others; a good is non-excludable when no one can be effectively excluded from using it.
9
 	 Ibid., para. 23.


                                                                                  3
I nstitutional                    F ramework                 for       S ustainable                  D e v elopment                  issues           B rief       # 1



                                                          agenda and has detracted from the                         between the components of
Albeit formulated at the international                    original premise that environmental                       ecosystems (e.g., soil, water and
level, global policies and agreements                     sustainability, economic                                  species). These processes produce
ultimately need to be implemented                         development and social welfare are                        benefits to people (or ecosystem
at the national level. It is therefore                    complementary goals (see figure).                         services) in the form of food,
necessary to look at the national                         As a result, the importance of the                        clean water, carbon sequestration
level and examine the governance                          environment to the other two pillars                      and reductions in erosion, among
structures for sustainable                                of sustainable development has                            others.11 In essence, the goods and
development there.                                        yet to be sufficiently recognised in                      services that drive our economy
                                                          mainstream policymaking.10                                and support our social systems are
How strengthening governance                                                                                        derived largely from a healthy and
of the environmental pillar                               Environmental issues are intertwined                      functioning environment.
strengthens sustainable                                   with many economic development
development governance                                    and social issues and are intricately                     The environment, however, is under
                                                          interwoven with poverty. The                              threat. Regular scientific assessments
Despite the political popularity of                       Millennium Ecosystem Assessment                           and reviews show an alarming
the idea of achieving sustainable                         shows that there is a direct                              decline of the environment as a
development, we continue to                               relationship between the health                           result of human impacts.12 These
lack coherent strategies for its                          of the environment (ecosystems)                           reports show that, in the aggregate,
implementation. Part of the reason                        and economic and social welfare,                          between one third and one half of
for this is that a lack of clarity has                    establishing conclusively that efforts                    the planet’s land surface has been
enabled sustainable development to                        to alleviate poverty and improve                          transformed by human activity. The
become a catch-all for special interest                   human well-being will not succeed                         interim report on the economics
groups, resulting in an incoherent,                       where environmental degradation                           of ecosystems and biodiversity13
sprawling and costly agenda.                              is allowed to continue. Underlying                        estimates that over the past century,
                                                          all the resources that we use are                         35 per cent of mangroves and 40
This situation has done little to                         ecosystem processes: the biological,                      per cent of forests have been lost,
advance the sustainable development                       chemical and physical interactions                        while 50 per cent of wetlands and

Links between ecosystem services, sustainable development and human well-being



                                                         Human well-being                                                              Inequitable economic
                                              (including health, security, basic material                                              security leads to social
                                                for a good life, freedom of choice and                                                 dysfunction
                                                             human rights




              Social                                                                                                        Economic



                                                                                                                                         Loss of ecosystem
                                                             Ecosystem services                                                          functions affects
     The poor suffer                                                                                                                    the economy, while
                                                                                                                                         lack of economic
     the most when
                                                                Environmental                                                            security can lead to
     ecosystem
                                                                                                                                         accelerated loss of
     services are lost
                                                                                                                                         ecosystems
10
  	 David G. Victor, “Recovering Sustainable Development”, Foreign Affairs, vol. 85, No. 1 (2006).
11
  	 R. L. Goldman, “Ecosystem services: how people benefit from nature”, Environment: Science and Policy for Sustainable Development, vol. 52, No. 5, pp. 15–23.
12
  	 The international community has continuously synthesized scientific and national reports into numerous global reviews, such as those in the series published by the
    Intergovernmental Panel on Climate Change in 1990, 1992, 2001, 2005 and 2007, the Global Environmental Outlooks of UNEP (the fourth in 2007), the Human
    Development Reports of the United Nations Development Programme (annually since 1990), the World Resources Reports of the World Resources Institute (in 2000,
    2002, 2005 and 2008), and the WWF Living Planet Reports (the latest in 2008, but reporting on species population trends since 1970).
13
  	 See TEEB (2009) The Economics of Ecosystems and Biodiversity: An Interim Report. The most recent report in the series of reports on the economics of ecosystems and
    biodiversity was released in October 2010 in Nagoya, Japan, at the tenth meeting of the Conference of the Parties to the Convention on Biological Diversity. All the
    reports can be found at www.teebweb.org/.
                                                                                    4
I nstitutional                  F ramework                for       S ustainable                 D e v elopment                issues          B rief      # 1



60 per cent of ecosystem services                      Overall, the report estimates, failure                  with dynamic social and ecological
have been degraded over the past 50                    to halt biodiversity loss on land                       systems. Since the 1972 United
years. Species loss is 100–1,000 times                 may cost $500 billion by 2010,                          Nations Conference on the Human
higher than in geologic times and will                 this being the estimated value of                       Environment achievements have
worsen with climate change. In terms                   ecosystem services that would have                      been made in protecting the
of the world’s fisheries, 80 per cent                  been provided had biodiversity been                     environment through the creation
are fully or overexploited and critical                maintained at year 2000 levels. At                      and strengthening of institutional
thresholds are being exceeded: for                     sea, unsustainable fishing reduces                      mechanisms. Such mechanisms have
example, coral reefs risk collapse if                  potential fisheries output by an                        been established to tackle sectoral
carbon dioxide emissions are not                       estimated $50 billion per year.15                       environmental issues, in addition
urgently reduced.14                                                                                            to the interlinkages between the
	                                                      These gains have been achieved at                       environment, development and
Links between the environment,                         an ever-growing cost in the form                        economic concerns. These advances
economic development and social                        of degradation of many ecosystem                        notwithstanding, the state of the
welfare                                                services, increased risk of non-linear                  environment continues to decline.
                                                       changes and exacerbation of poverty
A stable environment, the fostering of                 for some groups of people.16                            Improving environmental conditions
economic and social development and                                                                            to reduce poverty involves changing
the enhancing of human well-being                      Moving towards better                                   institutions and policy instruments.
(including security, the basic material                integration of the three pillars of                     It has been argued that the causal
for a good life (for example, sufficient               sustainable development                                 roots of environmental degradation
nutritious food), health and good                                                                              lie in institutional and policy issues
social relations) are interlinked and                  The need for growth and                                 rather than in poverty itself and that
inseparable and prosperity and poverty                 development and the need to protect                     the relationship between poverty
reduction depend on maintaining the                    and maintain the natural environment                    and environment is mediated by
flow of benefits from ecosystems.                      are often pitted against each other                     institutional, social, economic and
                                                       as opposing objectives. In reality,                     cultural factors.
Goods and services derived from                        the world’s economies would grind
the environment have contributed                       to a halt without the services that                     One of the major policy priorities for
to substantial net gains in                            ecosystems provide. Environmental                       improved environmental sustainability
economic development, social                           policy is greatly affected by economic                  is, therefore, improving international
welfare and human well-being                           planning and activity, making                           environmental governance. To
overall. The version of the report                     consideration of the environment in                     meet the challenges of sustainable
on the economics of ecosystems                         isolation from economic activity and                    development, and taking into account
and biodiversity for national and                      development an ineffective approach                     developments since the United
international policy-makers shows                      to achieving sustainability. Equally,                   Nations Conference on the Human
that the economic and social                           economic planning that ignores                          Environment, current structures and
sectors are directly concerned with                    environmental impacts may result                        institutions in the economic, social
                                                                                                                                                                  Printing: Publishing Services Section, UNON, Nairobi, ISO 10041:2004 certification.
biodiversity and ecosystem services,                   in increased negative impacts on                        and environmental fields, in addition
including agriculture, fisheries,                      resource use and human well being.                      to their respective links, need to be
forestry, development, health,                         Accordingly, the institutional basis                    strengthened at the international,
energy, transport and industry.                        for decision-making must integrate                      regional and national levels, so
Several depend on natural capital for                  environmental and economic decision-                    as to ensure coherence, integrate
their flow of inputs, research, new                    making to create sustainability.                        policies, limit overlap and strengthen
products and business innovation.                      Governance for environmental                            implementation and accountability.
For example, 20–25 per cent of the                     sustainability is therefore one of                      	
pharmaceutical sector’s turnover                       the great current challenges for
(some $650 billion per year) is                        political decision-makers and we
derived from genetic resources, and                    must promote governance based
ecotourism generates around $100                       on learning from experience and
billion per year in employment.                        adapting to change, so as to deal



 	 TEEB (2009), The Economics of Ecosystems and Biodiversity for National and International Policy Makers.
14

 	Ibid.
15

 	 Millennium Ecosystem Assessment (2005). Ecosystems and Human Well-Being: Synthesis. Washington, DC: Island Press See also TEEB (2010) The Economics of
16

   Ecosystems and Biodiversity: Mainstreaming the Economics of Nature: A synthesis of the approach, conclusions and recommendations of TEEB


                                                                                5

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United Nations Environment Programme environment for development

  • 1. Issues Brief # 1 The Environmental U N EP Dimension of IFSD UNEP Division of Environmental Law and Conventions (DELC) Note on Issues Briefs: The issues revolving around the theme of the Institutional Framework for Sustainable Development (IFSD) are complex and numerous and the information that exists on it is often dispersed and sometimes not easily accessible. The Issues Brief series has been prepared in order to address some of these information and knowledge gaps as well as to assist stakeholders to understand some of the main concerns that have been raised over the course of recent formal and informal meetings concerning the environmental pillar of IFSD. The Issues Briefs in no way represent a position of any stakeholder or the views of the UNEP Secretariat or its member states but are rather intended to be informative and non- prescriptive. The Issues Briefs will be released on a regular basis over the course of the next 12 months leading up to the Rio+20 Conference. Importance of Environmental Pillar to IFSD Background linkages between environmental, sustainable development.2 Ultimately, developmental and economic a number of institutions were Ensuring an effective institutional concerns. However, as stated in the established (mainly under Chapters 38 framework for sustainable report of the Secretary-General to and 39 of Agenda 213 ), which were development at all levels and giving the first meeting of the Preparatory eventually confirmed and specified full consideration to each of the Committee for the Rio+20 by the UN General Assembly and the three pillars: economic, social, Conference, despite these advances, Secretary-General in December and environmental, is key to the the state of the environment 1992, including: realisation of the goals of sustainable continues to decline and the divide development. An international between developed and developing • The 53-member Commission governance system involves, firstly, countries continues to expand. This on Sustainable Development the institutions and mechanisms situation is largely attributable to (CSD), mainly to carry out public responsible for the entire process, the escalating scale and complexity audits of the performance of integrating all the aspects of of environmental change. These governments and international sustainable development. At the changes will harm human well- organizations in their same time, it also involves institutions being, especially for the poor and implementation and financing of specialising in the three key areas. vulnerable groups in society, and Agenda 21; Making progress towards sustainability needs to be addressed through a necessitates both strengthening the further strengthening of international • A new UN Department for Policy overall structure and enhancing the environmental governance and Coordination and Sustainable individual components. an expansion of political space for Development headed by an taking action.1 Undersecretary-General at Since the Stockholm Conference New York headquarters, and on the Human Environment (1972), IEG in the Rio Declaration and an Inter-Agency Committee on achievements have been made in Agenda 21 Sustainable Development under protecting the environment through the existing UN Administrative the creation and strengthening In the run-up to the Rio Earth Summit Committee on Coordination; of institutional mechanisms. Such in 1992, there were a number of mechanisms have been established proposals for global institutional • A High-level Advisory Board to address sectoral environmental reform to address environmental of eminent persons, reporting issues, as well as the inter- change within the context of to the Secretary-General and 1 See the Report of the Secretary-General, Progress to date and remaining gaps in the implementation of the outcomes of the major summits in the area of sustainable development, as well as an analysis of the themes of the Conference (A/CONF.216/PC/2) April 2010. Also see the Information note by the UNEP Executive Director, Environment in the UN system. UNEP, 7 June 2010. Available at http://www.unep.org/environmentalgovernance/LinkClick.aspx?fileticket=tZyjX8cn738%3d&tabid=4556 &language=en-US 2 Peter H Sand International Environmental Law After Rio Among the numerous pre-Rio appraisals see P.S. Thacher, Background to Institutional Options for Management of the Global Environment and Commons (1991); J. MacNeill, P. Winsemius & T. Yakushiji, Beyond Interdependence (1991); Falk, ‘Toward a World Order Respectful of the Global Ecosystem’, 19 Boston College Env. Affairs L. Rev. (1992) 711; French, ‘After the Earth Summit: The Future of Environmental Governance’, Worldwatch Paper No. 107 (1992); L.A. Kimball, Forging International Agreement: Strengthening Intergovernmental Institutions for Environment and Development (1992); Palmer, ‘New Ways to Make Environmental Law’, 86 AJIL (1992) 259; Palmer, ‘An International Regime for Environmental Protection’, 42 Wash. U. J. Urban & Contemp. L. (1992) 5, and comments by Miller, Gelfand & Tarlock, 86 AJIL (1992) 21; see also the NGO ‘Hague Recommendations’ summarised in S. Bilderbeck (ed.), Biodiversity and International Law: The Effectiveness of International Environmental Law (1992) 124-156. 3 International Institutional Arrangements and International Legal Instruments and Mechanisms.
  • 2. I nstitutional F ramework for S ustainable D e v elopment issues B rief # 1 through him to the Commission; (UNDP), the Food and Agriculture Sustainable Development” deals • An independent, non- Organisation (FAO), the United exclusively with issues of governance governmental Earth Council Nations Industrial Development and presents a set of commitments – established to promote and Organisation (UNIDO), the which support enhancing governance advance the implementation of International Maritime Organisation systems for sustainable development the Earth Summit agreements. (IMO) contribute to both the social at all levels. Specific commitments and economic pillar. Almost all of the include; A special financial mechanism, the above mentioned institutions have Global Environment Facility (GEF), significant environmental portfolios • Article 139 f) Increasing was also established. which add to and complement effectiveness and efficiency the CSD, the United Nations through limiting overlap and In addition, the world saw the Environment Programme, the GEF duplication of activities of completion of two main treaties, and the Multilateral Environmental international organisations, the United Nations Framework Agreements (MEAs). within and outside the United Convention on Climate Change Nations system, based on their (UNFCCC) and the Convention on Despite the formation of new mandates and comparative Biological Diversity (CBD). In addition, institutions for advancing sustainable advantages; the negotiation of the United development, cumulatively, they have Nations Convention to Combat not been able to halt environmental • Article 140 (b) Strengthen Desertification (UNCCD) was initiated change which threatens human collaboration within and and UNEP’s role reiterated. wellbeing. Rather than adding new between the United Nations institutions, measures for enhancing system, international financial Principle 4 of the Rio Declaration the effectiveness and efficiency of institutions, the GEF and the on Environment and Development the current institutional infrastructure WTO, utilising the United stipulates that “In order to needs to be considered. Such Nations System Chief Executives achieve sustainable development, measures could include actions Board for Coordination, the environmental protection shall towards rationalisation, enhanced United Nations Development constitute an integral part of the complementarity and strengthened Group, the Environment development process and cannot cooperation. Management Group and other be considered in isolation from it.” inter-agency coordinating There has been global acceptance IEG in the Johannesburg Plan of bodies. Strengthened inter- of an integrated approach to Implementation agency collaboration should be governing relationships among pursued in all relevant contexts, environmental, economic and social The concept of three interdependent with special emphasis on the issues. International economic and mutually reinforcing pillars operational level and involving institutions form the strongest of sustainable development partnership arrangements on of the three pillars with a regime was incorporated into the specific issues, to support, centred on the international financial 2002 Johannesburg Plan of in particular, the efforts and trade organisations, including Implementation (JPOI)4. The of developing countries in the World Bank, the International environmental pillar should be implementing Agenda 21; Monetary Fund (IMF) and the visualised as providing “the World Trade Organisation (WTO). foundation for the economic • Article 140 (d) Fully implement The social pillar of sustainable and social pillars of sustainable the outcomes of the decision development is represented by development, because life on earth on international environmental institutions such as the International is conditioned upon a healthy governance adopted by the Labour Organisation (ILO), the World environment”.5 Governing Council of the United Health Organisation (WHO), and Nations Environment Programme the United Nations Human Rights Contained within the JPOI are a range at its seventh special session6 Council (UNHRC). Policy sector of commitments on strengthening and invite the General Assembly institutions such as the United environmental governance. Chapter at its fifty-seventh session to Nations Development Programme XI on “Institutional Frameworks for consider the important but 4 The World Summit on Sustainable Development (WSSD) met from 26 August - 4 September 2002, in Johannesburg, South Africa. The WSSD’s goal, according to UN General Assembly (UNGA) Resolution 55/199, was to hold a ten-year review of the 1992 UN Conference on Environment and Development (UNCED) at the Summit level to reinvigorate global commitment to sustainable development. The JPOI is designed as a framework for action to implement the commitments originally agreed at UNCED. 5 Note by the Executive Director, “International Environmental Governance: Moving Forward with Developing a Set of Options.” Page 3 6 References in the present chapter to Agenda 21 are deemed to include Agenda 21, the Programme for the Further Implementation of Agenda 21 and the outcomes of the Summit 2
  • 3. I nstitutional F ramework for S ustainable D e v elopment issues B rief # 1 complex issue of establishing that determine global and regional that it is seen as something to universal membership for the policies, which generate trickle-down be freely enjoyed by humans, Governing Council/Global effects to the national level. Within owned by no one and having no Ministerial Environment Forum; the economic pillar, the international economic value or cost. Given the financial institutions, in particular characteristics of the environment, Through the JPOI, the World Summit the World Bank Group, the IMF and its protection would mandate a strict on Sustainable Development also the WTO, provide strongholds for governance structure or abundant supported the full implementation of economic interests with substantial resources to ensure its protection the ‘Cartagena Package’.7 influence on national policies. They through incentives. owe their influence to their own The 2005 World Summit Outcome governance structures and their The relative weakness of the Document set out, in paragraph endowment with financial leverage environmental pillar was recognized 169 (A/Res/60/1), areas for further and compliance controls. The by the Secretary-General in his report reflection on the current institutional institutional set-up in the economic to the Preparatory Committee for the framework of UN environment sphere also exemplifies the close Rio+20 Conference at its first session work. These areas include: enhanced interrelationship between money and (A/CONF.216/PC/2), when he wrote coordination; improved policy power. that “the environmental pillar is advice and guidance; strengthened perhaps where progress has been the scientific knowledge, assessment Within the social pillar, institutions slowest” and that “most indicators and cooperation; better treaty such as UNDP, the ILO and the WHO of environmental improvement compliance, while respecting the have their specific areas of expertise, have not demonstrated appreciable legal autonomy of the treaties; and underpinned by internationally convergence with those of economic better integration of environmental agreed standards and principles. and social progress; indeed, the activities in the broader sustainable While governance structures at the overall picture is one of increased development framework at the international level are not as stringent divergence.”9 operational level, including through as within the economic sphere and capacity-building. are less well-endowed financially, Effective management of the the moral imperative for decision environment faces an additional Weakness of environmental makers to ensure social well-being hurdle in that the environment governance in the context of and the potential political pressure interlinks with a multitude of other sustainable development of a constituency that can speak on sectors located within the economic its own behalf provides a sufficient and social spheres, including As environmental services underpin basis for successful action. Within finance and development, industry, social and economic welfare the social sphere, the specialization agriculture, health and culture. and consequently sustainable of bodies dealing with specific issues This has meant that sustainable development, the governance also guarantees a relatively broad development has not been forcefully systems of all three pillars together coverage of social issues. implemented, for its implementation form the core elements of sustainable requires the economic and social development governance. A The environmental pillar, with its pillars to integrate the environment functioning sustainable development fragmented governance structure into their decision-making processes governance system requires that the and relatively meagre financial even while they do not see it as a governance structure for each pillar means, is much weaker than the main area of concern to them. be equally strong and that all three economic and social pillars. It In addition to the weakness of be mutually supportive. owes its weakness to a number of the governance system of the factors. One is that protection of environmental pillar itself, the When comparing the strengths of the environment lacks the moral lack of a sustainable development the economic and social pillars it significance attributed to the entity with sufficient authority to becomes apparent that they have protection of human lives. Another is achieve coordinated governance much stronger foundations than does that in economic terms it is generally of the three pillars means that the the environmental pillar, in that they viewed as a ”public good”;8 in overall governance of sustainable possess strong anchor institutions greatly simplified terms this means development is also weak. 7 The 2002 ‘Cartagena Package’ (UNEP/GC SS.VII/1) – adopted at the seventh session of the Governing Council/Global Ministerial Environment Forum (GC/GMEF) includes recommendations aimed at strengthening international environmental governance through improving coherence in international environmental policymaking, strengthening the role and financial situation of UNEP, improving coordination among and the effectiveness of multilateral environmental agreements and further promoting capacity building, technology transfer and country-level coordination. 8 In economics, a public good is a good that is “non-rivalrous” and “non-excludable”. A good is non rivalrous when its consumption by one individual does not reduce its availability for consumption by others; a good is non-excludable when no one can be effectively excluded from using it. 9 Ibid., para. 23. 3
  • 4. I nstitutional F ramework for S ustainable D e v elopment issues B rief # 1 agenda and has detracted from the between the components of Albeit formulated at the international original premise that environmental ecosystems (e.g., soil, water and level, global policies and agreements sustainability, economic species). These processes produce ultimately need to be implemented development and social welfare are benefits to people (or ecosystem at the national level. It is therefore complementary goals (see figure). services) in the form of food, necessary to look at the national As a result, the importance of the clean water, carbon sequestration level and examine the governance environment to the other two pillars and reductions in erosion, among structures for sustainable of sustainable development has others.11 In essence, the goods and development there. yet to be sufficiently recognised in services that drive our economy mainstream policymaking.10 and support our social systems are How strengthening governance derived largely from a healthy and of the environmental pillar Environmental issues are intertwined functioning environment. strengthens sustainable with many economic development development governance and social issues and are intricately The environment, however, is under interwoven with poverty. The threat. Regular scientific assessments Despite the political popularity of Millennium Ecosystem Assessment and reviews show an alarming the idea of achieving sustainable shows that there is a direct decline of the environment as a development, we continue to relationship between the health result of human impacts.12 These lack coherent strategies for its of the environment (ecosystems) reports show that, in the aggregate, implementation. Part of the reason and economic and social welfare, between one third and one half of for this is that a lack of clarity has establishing conclusively that efforts the planet’s land surface has been enabled sustainable development to to alleviate poverty and improve transformed by human activity. The become a catch-all for special interest human well-being will not succeed interim report on the economics groups, resulting in an incoherent, where environmental degradation of ecosystems and biodiversity13 sprawling and costly agenda. is allowed to continue. Underlying estimates that over the past century, all the resources that we use are 35 per cent of mangroves and 40 This situation has done little to ecosystem processes: the biological, per cent of forests have been lost, advance the sustainable development chemical and physical interactions while 50 per cent of wetlands and Links between ecosystem services, sustainable development and human well-being Human well-being Inequitable economic (including health, security, basic material security leads to social for a good life, freedom of choice and dysfunction human rights Social Economic Loss of ecosystem Ecosystem services functions affects The poor suffer  the economy, while lack of economic the most when Environmental security can lead to ecosystem accelerated loss of services are lost ecosystems 10 David G. Victor, “Recovering Sustainable Development”, Foreign Affairs, vol. 85, No. 1 (2006). 11 R. L. Goldman, “Ecosystem services: how people benefit from nature”, Environment: Science and Policy for Sustainable Development, vol. 52, No. 5, pp. 15–23. 12 The international community has continuously synthesized scientific and national reports into numerous global reviews, such as those in the series published by the Intergovernmental Panel on Climate Change in 1990, 1992, 2001, 2005 and 2007, the Global Environmental Outlooks of UNEP (the fourth in 2007), the Human Development Reports of the United Nations Development Programme (annually since 1990), the World Resources Reports of the World Resources Institute (in 2000, 2002, 2005 and 2008), and the WWF Living Planet Reports (the latest in 2008, but reporting on species population trends since 1970). 13 See TEEB (2009) The Economics of Ecosystems and Biodiversity: An Interim Report. The most recent report in the series of reports on the economics of ecosystems and biodiversity was released in October 2010 in Nagoya, Japan, at the tenth meeting of the Conference of the Parties to the Convention on Biological Diversity. All the reports can be found at www.teebweb.org/. 4
  • 5. I nstitutional F ramework for S ustainable D e v elopment issues B rief # 1 60 per cent of ecosystem services Overall, the report estimates, failure with dynamic social and ecological have been degraded over the past 50 to halt biodiversity loss on land systems. Since the 1972 United years. Species loss is 100–1,000 times may cost $500 billion by 2010, Nations Conference on the Human higher than in geologic times and will this being the estimated value of Environment achievements have worsen with climate change. In terms ecosystem services that would have been made in protecting the of the world’s fisheries, 80 per cent been provided had biodiversity been environment through the creation are fully or overexploited and critical maintained at year 2000 levels. At and strengthening of institutional thresholds are being exceeded: for sea, unsustainable fishing reduces mechanisms. Such mechanisms have example, coral reefs risk collapse if potential fisheries output by an been established to tackle sectoral carbon dioxide emissions are not estimated $50 billion per year.15 environmental issues, in addition urgently reduced.14 to the interlinkages between the These gains have been achieved at environment, development and Links between the environment, an ever-growing cost in the form economic concerns. These advances economic development and social of degradation of many ecosystem notwithstanding, the state of the welfare services, increased risk of non-linear environment continues to decline. changes and exacerbation of poverty A stable environment, the fostering of for some groups of people.16 Improving environmental conditions economic and social development and to reduce poverty involves changing the enhancing of human well-being Moving towards better institutions and policy instruments. (including security, the basic material integration of the three pillars of It has been argued that the causal for a good life (for example, sufficient sustainable development roots of environmental degradation nutritious food), health and good lie in institutional and policy issues social relations) are interlinked and The need for growth and rather than in poverty itself and that inseparable and prosperity and poverty development and the need to protect the relationship between poverty reduction depend on maintaining the and maintain the natural environment and environment is mediated by flow of benefits from ecosystems. are often pitted against each other institutional, social, economic and as opposing objectives. In reality, cultural factors. Goods and services derived from the world’s economies would grind the environment have contributed to a halt without the services that One of the major policy priorities for to substantial net gains in ecosystems provide. Environmental improved environmental sustainability economic development, social policy is greatly affected by economic is, therefore, improving international welfare and human well-being planning and activity, making environmental governance. To overall. The version of the report consideration of the environment in meet the challenges of sustainable on the economics of ecosystems isolation from economic activity and development, and taking into account and biodiversity for national and development an ineffective approach developments since the United international policy-makers shows to achieving sustainability. Equally, Nations Conference on the Human that the economic and social economic planning that ignores Environment, current structures and sectors are directly concerned with environmental impacts may result institutions in the economic, social Printing: Publishing Services Section, UNON, Nairobi, ISO 10041:2004 certification. biodiversity and ecosystem services, in increased negative impacts on and environmental fields, in addition including agriculture, fisheries, resource use and human well being. to their respective links, need to be forestry, development, health, Accordingly, the institutional basis strengthened at the international, energy, transport and industry. for decision-making must integrate regional and national levels, so Several depend on natural capital for environmental and economic decision- as to ensure coherence, integrate their flow of inputs, research, new making to create sustainability. policies, limit overlap and strengthen products and business innovation. Governance for environmental implementation and accountability. For example, 20–25 per cent of the sustainability is therefore one of pharmaceutical sector’s turnover the great current challenges for (some $650 billion per year) is political decision-makers and we derived from genetic resources, and must promote governance based ecotourism generates around $100 on learning from experience and billion per year in employment. adapting to change, so as to deal TEEB (2009), The Economics of Ecosystems and Biodiversity for National and International Policy Makers. 14 Ibid. 15 Millennium Ecosystem Assessment (2005). Ecosystems and Human Well-Being: Synthesis. Washington, DC: Island Press See also TEEB (2010) The Economics of 16 Ecosystems and Biodiversity: Mainstreaming the Economics of Nature: A synthesis of the approach, conclusions and recommendations of TEEB 5