A State’s institutional framework plays a very important role in the way the international and national environmental laws are implemented. Some States delegate responsibility to one agency that serves as the focal point for all environmental matters and cooperates with other agencies in this regard. Other States delegate different responsibilities to various agencies, such as ministries for agriculture, water resources, etc. Although the structure of the institutional frameworks will vary from State to State, some aspects are universal, such as the need for a clear mandate of authority for enforcement bodies and the establishment of policies and procedures that allow enforcement to be carried out in a fair and consistent manner.
Guideline 41, addressing institutional frameworks, focuses on the main roles, responsibilities, and authority of the agency or agencies charged with the implementation of national environmental law established by a State to meet its obligations under an MEA.