This Chapter of the Manual focuses on the international aspects of compliance and enforcement. It is divided into five subsections:
- Background on Compliance
- Preparing for Negotiations
- Negotiating MEAs
- National Measures to Implement MEAs
- International Cooperation and Coordination in Compliance
Since many of the tools in the subsection on national measures are also included in the enforcement Chapter, the Manual seeks to limit any potential redundancies by including the full discussion of most of these tools in the next Chapter. Nevertheless, people who are interested in compliance issues (including negotiators) should at least be familiar with the range of national measures that a State may utilise in order to comply with the commitments of an MEA.
This Chapter seeks to assist Governments, MEA Secretariats, and other relevant parties in enhancing and supporting compliance with MEAs. The guidelines relating to negotiations and preparation for negotiations are intended to facilitate consideration of compliance issues at the initial stage (i.e., negotiations) as well as once an MEA has entered into force (through the meetings and conferences of the parties).
As noted earlier, the Manual recognises that each MEA is unique. They have been negotiated separately, have different parties, and enjoy their own separate, independent legal status. Experience has shown, though, that measures to implement one MEA can inform the development of measures to implement other MEAs. Lessons can be learned, and approaches can be adapted to other contexts. Accordingly, the approaches for preparing to negotiate, negotiating, and promoting compliance with MEAs that are outlined in this Chapter are relevant to a wide range of existing MEAs, as well as MEAs yet to come, that address a broad range of environmental issues.
Before delving into the guidelines, this introduction addresses two general issues. First, it highlights a number of benefits associated with complying with MEAs. Second, it provides a brief primer on negotiation and ratification of MEAs.
Assessing Benefits and Costs of Ratifying, Complying with, and Enforcing MEAs
With many countries emphasising economic development, it is often necessary to “make the case” for MEAs. Certain governmental decisionmakers may need to be convinced to negotiate and ratify MEAs; parliamentarians may need to be persuaded that implementing legislation is a priority; governmental authorities might need to be spurred to enforce environmental laws that could have economic implications; and it facilitates compliance if the regulated community and the general public understands the basic imperative for the MEA and the implementing legislation.
The key benefits of an MEA are usually environmental, but may also be economic, socio-political (e.g., empowering the public to become involved), and administrative. The clearest benefits of any particular MEA usually relate to the specific goals of that MEA. Thus, CITES seeks to ensure that no wildlife species becomes or remains subject to unsustainable exploitation through international trade, but it also allows legitimate trade and scientific research; the Basel Convention seeks to protect human health and the environment from illegal transboundary movements and disposal of hazardous waste; and so forth.