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Environmental Law Programme - Development of Non-binding Agreements

Non-binding Agreements

UNEP promotes the development of principles, guidelines and codes of conduct in several areas. The aim of these instruments is to encourage governments and other actors to take actions for the protection of the environment on a voluntary basis. UNEP has also developed several Programmes of Action of which the most important is the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA). This Programme of Action complements the UN International Convention on the Law of the Sea.

Development of International Soft Law
Guided by the Montevideo Programmes and Governing Council decisions, UNEP has developed a body of soft law, including principles, goals, guidelines and codes of conduct to assist governments in environmental management for sustainable development.

Global Level
Global soft law instruments have been developed by UNEP in a wide range of areas, including shared natural resources, weather modification, chemicals, marine pollution prevention, hazardous wastes, environmental impact assessment, biotechnology and compliance and enforcement of Multilateral Environmental Agreements (MEAs).

Several soft-law instruments have been used by UNEP as the basis for the negotiation of legally binding instruments:

UNEP has also played an important role in ensuring that the principles enshrined in key soft law instruments such as the Stockholm and Rio Declarations find their way into legally binding environmental law instruments.
The following are examples of non-binding principles, guidelines and codes of conduct that have been developed by UNEP:

1978 Principles on the Conservation and Harmonious Use of Shared Natural Resources
1980 Weather Modification
1982 Offshore Mining and Drilling
1984 Shipment of Banned and Severely Restricted Chemicals
1984
1987
1994
Exchange of Information on Chemicals in International Trade
1985 Marine Pollution Prevention for land-based Activities
1987 Management of Hazardous Wastes
1987 Environmental Impact Assessment
1994 Code of Ethics on the International Trade in Chemicals
1995 International Technical Guidelines for Safety in Biotechnology
2002 Guidelines for the Enforcement of and Compliance with Multilateral Environmental Agreements


Regional Level
At the regional level, UNEP has been involved in developing Action Plans in various regional sea areas for the protection, management and development of the marine and coastal environment. Regions in which such plans have been developed include the East Asian Seas, the South Asian Seas, and the Northwest Pacific (China, Japan, Republic of Korea and Russia). These are regions in which legally binding instruments are yet to be instituted. In response to requests by the Caspian States, UNEP has also, since 1995, joined the UNDP and the World Bank in the development of a Framework Convention for the Protection of the Marine Environment of the Caspian Sea (Kazakhstan, Azerbaijan, Russian Federation, Turkmenistan and the Islamic Republic of Iran)

Programme of Action
UNEP has developed several Programmes of Action, at international and regional levels. At the international level, of particular importance is the Global Programme of Action for the Implementation of the Marine Environment from Land-Based activities (GPA) adopted in Washington DC, in November 1995. This has been an invaluable framework for the implementation of regional seas conventions and protocols on land-based sources of pollution. It has further facilitated UNEP reporting on the implementation on the UNCLOS.


 
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