An international environmental agreement or sometimes environmental protocol, is a type of

treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...

binding in

international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

, allowing them to reach an environmental goal. In other words, it is "an intergovernmental document intended as legally binding with a primary stated purpose of preventing or managing human impacts on

natural resource Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest, and cultural value. ...

s." An agreement between two nations is known as a bilateral environmental agreement. If the agreement is made among three or more nations, it is called a multilateral environmental agreement (MEA). Such agreements, primarily produced by the

United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...

, cover subjects such as

atmospheric An atmosphere () is a layer of gases that envelop an astronomical object, held in place by the gravity of the object. A planet retains an atmosphere when the gravity is great and the temperature of the atmosphere is low. A stellar atmosphere ...

policies, freshwater policies,

hazardous waste Hazardous waste is waste that must be handled properly to avoid damaging human health or the environment. Waste can be hazardous because it is Toxicity, toxic, Chemical reaction, reacts violently with other chemicals, or is Corrosion, corrosive, ...

and substance policies, the marine environment,

nature conservation Nature conservation is the ethic/moral philosophy and conservation movement focused on protecting species from extinction, maintaining and restoring habitats, enhancing ecosystem services, and protecting biological diversity. A range of values ...

policies,

noise pollution Noise pollution, or sound pollution, is the propagation of noise or sound with potential harmful effects on humans and animals. The source of outdoor noise worldwide is mainly caused by machines, transport and propagation systems.Senate Publi ...

and

nuclear safety Nuclear safety is defined by the International Atomic Energy Agency (IAEA) as "The achievement of proper operating conditions, prevention of accidents or mitigation of accident consequences, resulting in protection of workers, the public and the ...

History and use

The use of multilateral environment agreements began in 1857, when a German agreement regulated the flow of water from

Lake Constance Lake Constance (, ) refers to three bodies of water on the Rhine at the northern foot of the Alps: Upper Lake Constance (''Obersee''), Lower Lake Constance (''Untersee''), and a connecting stretch of the Rhine, called the Seerhein (). These ...

Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...

and

Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...

. International environmental protocols came to feature in environmental governance after trans-boundary environmental problems became widely perceived in the 1960s.Haas, Keohane and Levy (1993) Institutions for the Earth: Sources of effective international environmental protection Massachusetts Institute of Technology Between 1857 and 2012, a total of 747 multilateral environmental agreements have been concluded. Following the Stockholm Intergovernmental Conference in 1972, creation of international environmental agreements proliferated.Zürn (1998) The Rise of International Environmental Politics: A Review of Current Research World Politics, Vol. 50, No. 4, pp. 617–649 MEAs were popularized by the

, the majority of MEAs have been implemented since the 1972 at the

United Nations Conference on the Human Environment The United Nations Conference on the Human Environment was held in Stockholm, Sweden, during June 5–16, 1972. When the United Nations General Assembly decided to convene the 1972 Stockholm Conference, taking up the offer of the Government of S ...

(also known as the Stockholm Conference).Environment Canada. (2007). Negotiator's handbook: multilateral environment agreement. Joensuu, Finland: University of Joensuu. The Stockholm Declaration was adopted by all 113 countries in attendance at the conference, and was the first universal document of importance on an environmental issue. A complex networking system is needed for a functional MEA system. Levels of government within a nation may impede each other about

climate change Present-day climate change includes both global warming—the ongoing increase in Global surface temperature, global average temperature—and its wider effects on Earth's climate system. Climate variability and change, Climate change in ...

(for example) due to opposing views or parties, making implementation more difficult and impacting external relationships. Interactions between MEAs can also influence each other positively or negatively, ultimately affecting their net effectiveness. Policies surrounding an MEA are determined by the participating countries. The United Nations and the

World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...

are key

intergovernmental organization Globalization is social change associated with increased connectivity among societies and their elements and the explosive evolution of transportation and telecommunication technologies to facilitate international cultural and economic exchange. ...

s for forging and implementing the agreements. There have been increasing use of environmental provisions in bilateral environmental agreements and also in international investment agreements, like bilateral environmental agreement.

Effectiveness

Protocols can take flexible approaches to improve effectiveness. One example is the use of sanctions: under the

Montreal Protocol The Montreal Protocol on Substances That Deplete the Ozone Layer is an international treaty designed to protect the ozone layer by phasing out the production of numerous substances that are responsible for ozone depletion. It was agreed on 16 ...

, signatories were forbidden to purchase

chlorofluorocarbons Chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) are fully or partly halogenated hydrocarbons that contain carbon (C), hydrogen (H), chlorine (Cl), and fluorine (F). They are produced as volatile derivatives of methane, ethane, ...

from non-signatories, in order to prevent any windfall benefits. Funding has also been used to overcome North-South conflict: members of the Montreal Protocol created a fund of $240 million to redistribute the costs of transition. It also has different ten-year grace period for developing countries. Differential obligations are also seen in the

Kyoto Protocol The was an international treaty which extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC) that commits state parties to reduce greenhouse gas emissions, based on the scientific consensus that global warming is oc ...

and can encourage wider participation, where every country have very different targets mainly based on their development. While protocols appear to be the ultimate top-down mode of governance, having "scant provisions for

public participation Public participation, also known as citizen participation or patient and public involvement, is the inclusion of the public in the activities of any organization or project. Public participation is similar to but more inclusive than stakeholder e ...

," it is widely thought that the influence of transnational networks has been growing Public opinion is relevant, as concern must exist to prompt action and dedication of government resources. It kept growing more and more since the young activist

Greta Thunberg Greta Tintin Eleonora Ernman Thunberg (; born 3January 2003) is a Swedish climate activist, climate and political activist initially known for challenging world leaders to take immediate action to climate change mitigation, mitigate the effec ...

started Fridays for Future.

Non-governmental organization A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus ...

s also fulfill certain roles, from gathering information and devising policies to mobilizing support. Science plays an important part, although Susskind asserts that sometimes this role is diminished by uncertainty, disagreement, and the rise of "adversary science." The business community can also be involved with positive outcomes. How we view the effectiveness of protocols depends on what we expect from them. With little administrative force or actual power, protocols succeed in increasing government concern, enhancing the contractual environment, and heightening capacity through transfer of assets. Yet as long as sovereignty is intact, environmental protocols will not affect changes in the face of state or public apathy, guarantee national action, or materialize overnight. The progress of international environmental law might be, as Wiener suggests, like the tortoise, slow but steady.

Barriers and criticism

The world's existing political systems, differences and conflicts pose barriers to the creation of environmental protocols. First, maintenance of

sovereignty Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...

means that no country can be forced to participate, only urged to do so. Consequently, as French states, "International law has the force of moral suasion, but few real teeth."French (1994) Strengthening International Environmental Governance The Journal of Environment Development 3: 59 Second, North-South conflict can block cooperation and cause conflicts. The countries in the global South, considered the poor one, generally see the countries of the North, the rich one, as needing to take responsibility for

environmental degradation Environment most often refers to: __NOTOC__ * Natural environment, referring respectively to all living and non-living things occurring naturally and the physical and biological factors along with their chemical interactions that affect an organism ...

and make significant changes in their way of living, neither of which the North deems reasonable. The south argue that the north have already had the opportunity to develop and already polluted a lot during their industrial development. Finally, countries may lack motivation to change their environmental policies due to conflict with other interests, especially economic prosperity. If environmental protocols will cause economic difficulties or harm to a country, it may shirk the protocols while other countries adhere to them, creating a classic

free-rider problem In economics, the free-rider problem is a type of market failure that occurs when those who benefit from resources, public goods and common pool resources do not pay for them or under-pay. Free riders may overuse common pool resources by not ...

. Additionally, environmental protocols may be criticized for scientific uncertainty, or at least a lack of synthesis of scientific information, which may be used for "blocking interests and doing mischief." In the case of problems like

pollution Pollution is the introduction of contaminants into the natural environment that cause harm. Pollution can take the form of any substance (solid, liquid, or gas) or energy (such as radioactivity, heat, sound, or light). Pollutants, the component ...

and

, resistance typically is a product of engineered denial. Due to these barriers, environmental protocols become an obvious target for several criticisms, such as being slow to produce the desired effects (due to the convention-protocol-ratification-implementation process), tending to the

lowest common denominator In mathematics, the lowest common denominator or least common denominator (abbreviated LCD) is the lowest common multiple of the denominators of a set of fractions. It simplifies adding, subtracting, and comparing fractions. Description The l ...

, and lacking monitoring and enforcement. They can also be criticized for taking an incremental approach where

sustainable development Sustainable development is an approach to growth and Human development (economics), human development that aims to meet the needs of the present without compromising the ability of future generations to meet their own needs.United Nations General ...

principles suggest that environmental concern should be mainstreamed.

Intergovernmental organization involvement

United Nations

The United Nations is involved in MEAs worldwide on a number of issues, including biological diversity, chemicals and waste, and climate and the atmosphere. One example would be the

Vienna Convention for the Protection of the Ozone Layer The Vienna Convention for the Protection of the Ozone Layer is a multilateral environmental agreement signed in 1985 that provided frameworks for international reductions in the production of chlorofluorocarbons due to their contribution to the ...

, which was brought together to address the hazardous effects of

Chlorofluorocarbons Chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) are fully or partly halogenated hydrocarbons that contain carbon (C), hydrogen (H), chlorine (Cl), and fluorine (F). They are produced as volatile derivatives of methane, ethane, ...

on the atmosphere. The United Nations Information Portal (InforMEA) brings together MEAs by harvesting COP decisions and resolutions, news, events, MEA membership, national focal points, national reports and implementation plans from MEA secretariats and organizes this information around a set of agreed terms, for the benefit of Parties and the environment community at large

World Trade Organization

The

has been involved in MEA negotiations due to the agreements' trade implications. The organization has trade and environmental policies which promote the protection and preservation of the environment. Its objective is to reduce trade barriers and coordinate trade-related measures with environmental policies. Since MEAs protect and preserve the environment, they may help ease restrictions on trade. The WTO's principles are based on non-discrimination, free trade through reduction of trade barriers and fair competition, and MEAs have been rejected for not being in accordance with the organization's principles. The WTO is working with and implementing over 350 MEAs worldwide. Most of the agreements involve five core countries which are committed to environmental improvement and free trade.Millimet, D. L., & Roy, J. (2015). Multilateral environmental agreements and the WTO. Economics Letters,134, 20–23. doi:10.1016/j.econlet.2015.05.035 WTO members are legally bound to respect negotiated reductions of barriers to trade. However, conflict has arisen due to trade restriction.

Major MEA participants

Australia

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

is noted for its wide variety of animal species and diverse environment, which includes

beach A beach is a landform alongside a body of water which consists of loose particles. The particles composing a beach are typically made from Rock (geology), rock, such as sand, gravel, shingle beach, shingle, pebbles, etc., or biological s ...

es,

desert A desert is a landscape where little precipitation occurs and, consequently, living conditions create unique biomes and ecosystems. The lack of vegetation exposes the unprotected surface of the ground to denudation. About one-third of the la ...

s and mountains, and

is a major concern. The country is under the largest

ozone hole Ozone depletion consists of two related events observed since the late 1970s: a lowered total amount of ozone in Earth, Earth's upper atmosphere, and a much larger springtime decrease in stratospheric ozone (the ozone layer) around Earth's polar ...

in the world, with environmental impact. Australia's proximity to

Antarctica Antarctica () is Earth's southernmost and least-populated continent. Situated almost entirely south of the Antarctic Circle and surrounded by the Southern Ocean (also known as the Antarctic Ocean), it contains the geographic South Pole. ...

raises concerns about sea-level rise and changes in ocean currents which influence climate.

Canada

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

's multilateral environmental agreements encompass air,

biodiversity Biodiversity is the variability of life, life on Earth. It can be measured on various levels. There is for example genetic variability, species diversity, ecosystem diversity and Phylogenetics, phylogenetic diversity. Diversity is not distribut ...

and

ecosystem An ecosystem (or ecological system) is a system formed by Organism, organisms in interaction with their Biophysical environment, environment. The Biotic material, biotic and abiotic components are linked together through nutrient cycles and en ...

s, chemicals and waste,

, environmental cooperation, marine and the oceans, and

meteorology Meteorology is the scientific study of the Earth's atmosphere and short-term atmospheric phenomena (i.e. weather), with a focus on weather forecasting. It has applications in the military, aviation, energy production, transport, agricultur ...

. Canada has taken an initiative due to the country's variety of

climate Climate is the long-term weather pattern in a region, typically averaged over 30 years. More rigorously, it is the mean and variability of meteorological variables over a time spanning from months to millions of years. Some of the meteoro ...

s and populated areas, all of which can contribute to environmental stress. Relevant cases include Pakootas v. Teck Cominco Metals, in which the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

upheld a ruling of a lower court and charged a Canadian company, Teck Resources, for contaminating the Columbia River in the United States. No. 16-35742 D.C. No. 2:04-cv-00256-LRS Teck Resources smelter in Trail, British Columbia is upstream of the United States border.

United States

The United States has committed to the

on Substances that Deplete the

Ozone Layer The ozone layer or ozone shield is a region of Earth's stratosphere that absorption (electromagnetic radiation), absorbs most of the Sun's ultraviolet radiation. It contains a high concentration of ozone (O3) in relation to other parts of the a ...

, and global negotiations on mercury. The number of MEAs in which the U.S. is involved is substantially lower than Canada's, despite its greater population and larger

carbon footprint A carbon footprint (or greenhouse gas footprint) is a calculated value or index that makes it possible to compare the total amount of greenhouse gases that an activity, product, company or country Greenhouse gas emissions, adds to the atmospher ...

and economy.

References

{{reflist, 30em

External links

Multilateral Environmental Agreement Negotiator's Handbook
Environmental issues Environmental law Environmental treaties International law Multilateral relations