GLOBAL INSTITUTIONAL MECHANISMS OF
ENVIRONMENTAL CONCERN AND NEPAL
The Reasoning
The earth is one and all nation states depend
on its resources for prosperity.
Environmental benefits as well as harms
arising due to the state activities are
transboundary in nature. Therefore,
environmental protection needs local, regional
and global efforts.
The development of institutional mechanisms
Cross-boundary consequences of state
activities were recognized during early 20th
century; formal laws, conventions,
agreements and charters to protect the
global environment begun to be devised
during the 1970s.
Some of the early international conventions
(during 70’s) focused on Air pollution,
wetlands, Human environment, Marine
Pollution, Endangered species of plants and
animals etc.
Ozone depletion, hazardous waste and
The development of institutional mechanisms
Global environmental issues became the
agenda of the United Nations and the scientific
community in the 90s.
Rio Conference 1992 was of great importance
that gave rise to crucial documents e.g
Framework Convention on Climate Change, Rio
Declaration, Convention of Biodiversity,
Statement on Forest Principles, Agenda-21.
The decade also observed establishment of
United Nations Commission on Sustainable
Development, Kyoto Conference (Protocol) 1997,
Earth Summit 1997.
Other highlights of the decade were the
Polluter s Pay Principle, Precautionary Principle,
Environmental Impact Assessment, Sustainable
Development Principle
Ramsar Convention on Wetlands of International
Importance, 1971
Held in the Iranian city of Ramsar in 1971.
Mission: the conservation and wise use of all
wetlands through local, regional and national
actions and international cooperation, as a
contribution towards achieving sustainable
development throughout the world
Total Contracting Parties: 158
Total number of wetland sites of international
importance listed so far: 1743
Total area of wetlands listed as sites of international
importance: 161,177,358 Ha
Nepal has total of 8 wetlands of international
significance (Koshi Tappu, Jagdishpur Reservoir,
Beeshazari, Ghodaghodi, Gyoko, Shey phoksundo,
Stockholm Conference on Human Environment 1972
Widely believed that Stockholm Conference 1972
was the beginning of the modern Environmental
Laws at international level.
Attended by 114 states, it gave rise to three non-
binding environmental tools. They are;
a resolution on institutional and financial
arrangements,
an action plan containing 109 recommendations,
a declaration containing 26 principles (Stockholm
Declaration),
Gave rise to the priority debate on Environmental
Protection and Socioeconomic Development
Also gave rise to the establishment of UNEP in the
same year: It supports economic development for
environmental Protection!!!
Stockholm Conference 1972
Stockholm Declaration
Principle 20- Access to information by the
states related to activities that will have
impact on the environment
Principle 21- the States not to cause harm to
other states while exploiting their own
resources
Principle 22- the States to cooperate for
developing mechanisms for liability and
compensation
Principle 25- International organizations to
cooperate in environmental protection
From Stockholm to Rio (1992)
UNEP pushed on the issues on Global Environmental
Monitoring System and initiated conventions like;
Geneva Convention 1979: focused on Trans-
boundary Air Pollution and its impacts such as
Ozone depletion: use and production of CFCs was
banned following the Montreal Protocol-1987,
Acid Rain: imposed general obligation on nation
states to reduce and prevent air pollution but no
specific binding guidelines proposed
The World Conservation Strategy 1980: Encouraged
Nation states to prepare national conservation
strategies based on the theme “Caring for the Earth”
United Nations World Charter for Nature 1982:
Conservation as an end not as a means
From Stockholm to Rio (1992)
Establishment of World Commission on
Environment and Development (1983)
produced the Brundtland Report (1987)
called Our Common Future.
Some of the features of the report,
Supported and expanded the role and
concept of Sustainable Development by the
UN and the nation states.
Identified legal and institutional issues in the
decision making (eg. use of EIA)
Emphasized on the “needs” of the poor
Reoriented the role of technology and social
organizations to meet the needs of present
and future generations
The Rio Conference 1992
Also called UN Conference on Environment and
Development, “the Earth Summit” and Eco-1992.
The largest ever conference of the UN with an
environmental theme- attended by 178 governments
of which 120 were the Head of States
The Conference aimed at devising strategies to
integrate environment and development.
Highlights of the conference:
Enhanced cooperation between developing and
developed nations
Initiated agreements such as Framework Convention
on Climate Change, Convention on Biodiversity and
Statement on Forest Principles,
Gave rise to the Rio Declaration and the Agenda 21 at
the end
The Rio Conference 1992
United Nations Framework Convention
on Climate Change (UNFCCC) 1992:
Signed by 150 nations the convention was
aimed at cutting down Greenhouse gases
(although no specific targets were set on the
level of consumption or emission). The
agreements reached were about,
Provision for financial contributions by
nation states to combat Climate Change
equitably (wealthier nations to contribute
more)
Promotion, facilitation, and transfer of
technology from wealthier to the poorer
The Rio Conference 1992
Convention on Biodiversity 1992: Focused on the
conservation and sustainable use of biodiversity.
Highlights:
signed by 153 nations in 1992 and came into effect
in 1993.
required parties to submit the measures they
designed and their effectiveness
addressed issues about the access to the use and
benefits of genetic resources, dealing with
biotechnology. (The USA did not agree to the
decisions until late 1990s.
Drawbacks
Did not specify the role of local community in
managing biodiversity
No specific compliance measures and methods were
The Forest Principles 1992
Non-legally binding statement of principles
for a global consensus on the
management, conservation and
sustainable development of all types of
forests. Highlights:
Forests are not the common property of all
but that of individual nations and
management of the resources is the
responsibility of respective governments
Suggests that international barriers on the
trade of timber and other forest products
should be removed.
The Rio Declaration on Environment and
Development
Sets out 27 principles that seek international
cooperation for the development of mechanisms
on sustainable development.
Highlights
Emphasized on the application of the
Precautionary principle and EIA,
Required multi-lateral development banks and
organizations to consider the environmental
concerns,
Recognizes common but differential
responsibility to global environmental problems,
Requires nation states to set standards,
objectives, and priorities for environmental
sustainability in development plans
The Agenda 21
Represents “an agreed program of work by
international community addressing major
environmental and development priorities for
the period of 1993-2000 that leads to the 21st
century.
Highlights:
Demands high political commitment by
nations for the implementation of national
strategies, plans and policies for sustainable
development
Recognizes enhanced role of the UN, global
and regional organizations, governments,
NGOs, the public and individuals.
Recommended the creation of the
Commission on Sustainable Development
among the UN bodies
Gave rise to the shift in the culture of
The Agenda 21
Drawbacks:
Failed to specify mechanisms to extract
funds from the developed nations to
achieve global environmental sustainability
Unable to generate funds in to the Global
Environment Facility (GEF-1991) that
provides financial support to developing
countries
Did not address the question of world
population/demand,
The issue about technology-transfer
remained unclear
Implementation has been difficult
Difficulties associated with the efficient functioning of
international institutional mechanisms on
environmental protection
The environmental harm should be large and
notorious for the states to act upon
The environmental harm has to have cross-country
effects
Individual nation states prioritize their own interests,
such as economic growth, to the global agenda
The cause and effect of an environmental harm are
difficult to prove with certainty.
Success depends heavily on political rather than legal
commitments
Yet, they serve as the basis of international cooperation
among members of the international community