States may take a number of broad measures to improve the implementation of MEAs, including:
- Developing a broad legislative framework providing for MEA implementation, for example through a country’s framework environmental law. (This legislation should include authority for relevant governmental institutions to pursue both “command-and-control” and market-oriented measures.)
- Establishing the technical focal point or focal points responsible for MEA implementation. This often is the national environmental agency or Ministry.
- Guarantee funding for and independence of the technical focal point.
- Ensure through legislation or other means that the mandate of the agency or Ministry includes the coordination and supervision of other governmental and non-governmental bodies having environmental functions.
In developing legislation to implement a specific MEA, a State may wish to:
- Launch a consultative process that includes the key experts and stakeholders. This may be in various forms:
- National legislative committee (e.g., led by Parliament)
- Task force (e.g., led by the Executive Branch)
- In some States, bills may be developed and presented to citizens.
- Adopt legislation before becoming a Party to an MEA.
- Provide resources for acquiring and retaining staff or consultants with the necessary expertise to draft the legislation.
- Obtain assistance – where necessary and appropriate – from the MEA Secretariat and/or national, regional, and international organisations in drafting the legislation.
- Consider whether the implementing legislation should implement an MEA by reference and/or by re-enactment, with appropriate modifications.
- Set out Convention requirements for national action (legal, institutional, or other).
- Closely examine each of the requirements.
- Ensure that the implementing legislation is consistent with the MEA, and that the implementing legislation meets all of the Party’s obligations under the MEA.
- This may be done, for example, by basing the legislation on the State’s MEA compliance plan or implementation plan. [See Checklist following Guideline 21
.]
- The State may also consult guidance prepared by the MEA Secretariats [See Guideline 34(e) and accompanying text].
- Include provisions in the implementing legislation establishing the necessary institutional, administrative, policymaking, inspection, and enforcement frameworks. These legislative elements include:
- Definitions
- Objectives
- Principles
- Operational provisions
- Compliance provisions
- Incentives
- Awareness-raising
- Capacity-building
- Phase-in period (if approrpriate)
- Enforcement
- Liability (where appropriate)
- Address how to resolve potential conflicts between domestic legislation and the MEA. Many States provide that the MEA prevails in all cases, except for conflicts with the Constitution. Some States provide that the MEA prevails unless the relevant Minister formally states that the domestic legislation prevails.
- Include provisions in the implementing legislation empowering courts to take judicial notice of MEAs that have been incorporated into domestic law.
- Provide for a framework or timetable for updating implementing legislation to take into account subsequent changes in an MEA (for example, by Amendment or Protocol).
- Share the draft implementing legislation and regulations with the MEA Secretariat for their review and comment prior to adoption.
This Checklist builds upon a similar checklist in the 1999 CARICOM Guidelines for MEA Implementation; see also a similar Checklist following Guideline 34(e).