Multilateral environmental institutions and coordinating mechanisms

Definitions :

UNEP - United Nations Environmental Program
UNDP - United Nations Development Program
CED - Commission on Sustainable Development
GEF -Global Environmental Facility
MEA - Multilateral Environmental Agreements
ECOSOC - Economic and Social Council
ICJ - International Court of Justice
UNCHE - UN conference on Human Environment (1972)
UNCED - UN conference on Environment and Development
COP - Conference of parties
MOP - Meeting of parties

- Intro - Since the UN conference on Human Environment in 1972 new issues have emerged and new institutions have emerged to deal with them and UN have new functions to deal with. UNEP CSD and GEF usually repersent a conference, secretariat and a treaty. Four issues - missing links, overlapping functions, no powerful institutions focused on international environmental governance, finally not captured good work from NGO. This article reviews existing structures and potential linkages and the proposes potential restructure.

- Existing multilateral organisations - (a) UN Organs - General Assembly, Economic and Social Council (ECOSOC), Security council, International Court of Justice (ICJ) and the secretariat, specialised agencies, subsiduary agencies - all address under various mandates. Only GEF, UNEP and CSD are directly related. CSD and UNEP followed landmark conferences (1972) and 1992 conference on environment and development.  (b) Pricinple organs -General assembly - principle agenda setting body of the UN. main env work by second committee (Economic and Financial) . Can only make recommendations that are not legally binding. It did convene asemmblies that -> CSD and UNEP. ESCOSOC - 100% focused on env. Recieves and passes info from CSD and UNEP and other related. ICJ - Can influence legal matters around environmental issues. Security council - As its mandate is to remove issues before they become threats you could argue that some env issues may -> confilict in future. Secretariat - Provides services - no specific dept on env. Of the 16 agencies FAO, IBRD, ILO, IMO, UNESCO, UNIDO, WHO, WMO have direct Env impact. They play a role on soft diplomacy and law.

- Subsiduary Organs - UNEP - Works as a catalyst rather than initating. 58 member governing councils. Stimulates research, collects data, publications, education, sponsoring negotiations. EG - Ozone layer etc. Co-sponsored IPCC. Administers 5 MEA's such as Convention on the trade of endangered species. CSD - subcommitee of the ESCOSOC - Mandate to recieve and consider reports or periodic docs such as Agenda 21 and elaborate policy to follow up UNCED and recommend to UN general assembly through ECOSOC. Has been critique that there is no clear division in roles between CSD and UNEP. Others - Other programs such as UN Development Program (UNDP) and united nations university (UNU), also UNITAR and five regional economic commissions.

Related agencies - Internatonal atomic energy agency (IAEA) has env remit. Global Env facility (GEF) implemented by world bank UNEP, and UNDP. It is a trust fund for funding in designated areas of reductions of gas emissions, protection of biosphere, protection of international waters, and protection of ozone layer.

WTO -  Established in final act of uragray round under general agreement on trades and tarrifs.

Treaty organs - Since 1970s a large number of MEA's have specificaly been established for oceans, atmposphere, nature, waste, and fisheries -> Institution or conference with decision making powers, secretariat. Called autonomous institutions -> not IGO's. These COP/MOP's are included as multilateral institutions. Examples are London Dumping convention.

-Co-ordinating institutions/bodies and mechanisms - Since UNCHE there has been a need for coordination of policies. Intra-institutional co-ordination - New need for intra-institutional consideration. e.g World bank recognised peverse funding outcomes for environment. Now conditional loans. Established Office of Environmental affairs. Inter-institutional coordination -(a) Inter UN Organs - Administrative Committee on Coordination (ACC) executive heads of specialised agencies, related agencies, and subsiduary organs including UNEP. Meets several times p.a. Makes recommendations for on coordination of env issues that are accross various entities.  The Inter-Agency committee on sustainable development (IACSD) was established 1993 as a standing committee of ACC to ensure system wide coordination of Agenda 21 and other outcommes of UNECD. There are other organs for cross co-ordination CIDIE (Committee on International Development institutions and the environment), IPCC.
Inter treaty organs - COP/MOP of MEA's have realised importance of cross collaboration The same trend can be witnessed between treaty organs and UN Organs.

Proposal for restructuring and reorganising multilateral institutions and establishing new institutions
- Sharing a range of inter-related functions awareness raising, agenda setting, data management, standard setting, capacity building, financial and technical assistance. They are becoming inadequate to deal with the current challenges. This fact is recognised in Agenda 21 which calls for restructuring. Two approaches vertical (Top down), or horizontal (stregnthen one and system wide coordination). Vertical - New UN principle organ . No current organ could be remolded . Question of a new organs powers - legislative, norm making, enforcement and voting. Should be large enough to represent world community, but must be small enough to act effectively. A proposed trusteeship council structure with two types - one a watchdog for the UN system overall,  and the other for supervision of gobal env protection and common areas. Such an agency was recommended by Sir Geoffrey Palmer (1991)  - real power and authority modelled on ILO with representatives of gov , industry, employees. He suggested UNEP could be streagnthed into such an organisation.

Horizontal approach - (a) General assembly -  4th committed in charge of decolonization could be restructured into committee for sustainable dev. (b) ECOSOC - Could assist with system wide coordination. (c) Security Council - Could be assigned functions of env protection based on critical threats. Current voting system would restrict this (d) Secretariat - Plays a key role interagency coordination . Supportive system should be established including env secretariat. (e) Specialised agencies - Relevant agencies should steagnthen their function and potentially new agencies. (f) Streagnthen UNEP - has not achieved its mandate to promote cooperation. Can act in this role if three conditions are met - providing of stable financial resource, the interagency subsiduary of ACC called Designation officials of env matterse (DOEM). Second stregnthen mandate with funding (to coordinate research, information dissemination, use of EIA's, promote regional coop, promote closer working relationships with world bank and UNDP). Third recomendation expand role as catalyst into institution. (g) Stregnthen UNDP - lead agency for capacity building

- Conclusion  - Some point to need for world environmental organisation. Could come out of new or restructuring the UN. New seems unlikely due to budgetary constraints. Given there is no centralised government co-ordination can only occur horizontally. Summit in 2002 in Joberg agreed to look at - limit duplication etc. Reminded acaedemics to focus further on effective framework in order to achieve SD.