Session 4

ROLE OF INTERNATIONAL ORGANISATIONS IN EMERGENCE OF

ENVIRONMENTAL LAW

CONTENTS

1. International Environmental Institutions

1.1. Introduction
1.2. Forms of IEIs

Functional International Organisations

Specialized Environmental Institutions

Regime Specific Institutions

1.3. Role of Multilateral Development Banks

2. Global Environmental Facility

2.1. The Global Environmental Facility (GEF)
2.2. GEFs Organizational Structure

3. United Nations Environment Programme

3.1. The United Nations Environment Programme (UNEP)
3.2. UNEPs Organizational Structure

1. International Environment Institutions (IEIs)

1.1.

Introduction

The protection of Environment is a global problem. It cannot be tackled by any

one nation in isolation. The need to protect and improve the environment is being
recognized by almost all nations irrespective of their size, level of development
and ideology. The growth of functional international organizations, specialized
agencies, functional commissions, regional commissions as well as other
programmes, as a part of the U.N. system provides evidence to the fact that
institutional forms of international cooperation is fast gaining popularity.
The growing institutionalization is inextricably linked to the increase the number
of States coming on the international scene. Global participation has led to
formation of International organisations. These International Organisations often
function as an International Environmental Institution (IEI). Small States, island
States and least-developed States are also participating in the process giving it the
much needed legitimacy, though, some experts may argue that these States are
reluctant participants.
The legal capacity of an IEI depends upon the instrument constituting the same.
The instruments constituting the IEI may be in form of a Multilateral
Environmental Agreement, constitution of an international organisation or a
special international instrument. It is the content of the instrument and the
intention of the States which is vital in determining the legal status of the IEI.
Usually, IEIs rely on their implied powers for their functioning which may not be
included in the basic instrument creating the institution. Here, the intention of
States is more vital in determining such implied powers.
The IEIs that have a legal personality usually have well defined mandates. One of
the main attribute of having n artificial legal personality is that the institution has
capacity to enter into agreements with other entities or States. Generally, it is the
governing body of the institution which has such an authority. If the constituent
instrument is silent on the issue, the intention of the parties will need to be taken
into account.
1.2.

Forms of IEIs

From its very beginning international environmental law has been developed and
applied not only by and between nation-states but also through the activities of
trans-national social institutions other than states- at the global or regional level,
for general or sectoral purposes. In addition to institutions formally established by

treaties between states, there is indeed a wide range of environmental transnational institutions that have been set up on a different legal basis.
The functions of international organisations with regard to environmental law may
be normative (e.g. adoption of hard law treaties, soft law guidelines, or case
law dispute resolution), operational (e.g., administrative implementation of
agreements, including financial and technical support), or communicative (e.g.,
reporting and dissemination of legal information).
The need for an institution arises in order to supervise implementation of relevant
conventions, provide a forum for law making as well as to ensure adaptability of
the convention with changing needs. The IEIs can be categorised in accordance to
the functions performed by each of them. IEIs can be broadly categorised into
Functional International Organisations, Specialized Environmental Institutions,
Regime Specific Institutions as well as Multilateral Developmental Banks.
1. Functional International Organisations Many of the Functional
International Organisations are specialized agencies of UN, which have
been conferred their status under the U.N. Charter. They are intergovernmental organisations playing specific and limited role in protection
of environment. Some of the earliest International Organisations include
International Labour Organisation (ILO), Food and Agriculture
Organisation (FAO), United Nations Educational, Social and Cultural
Organisation (UNESCO), World Health Organisation (WHO), World
Meteorological Organisation (WMO), etc. Some other International
Organisations include global non-governmental organisations like World
Conservation Union (IUCN), World wide Fund for Nature (WWF), etc.
which are mandated to work for the protection and conservation of the
environment and natural resources.
2. Specialized Environmental Institutions The need for Specialized
Environmental Institutions (SEI) was felt in 1970s. A SEI within the U.N.
system was a highly debated topic in the Stockholm Conference in 1972.
Some important SEIs are:
UNEP- United Nations Environment Programme was created after
the United Nations Conference on Human Environment in 1972,
with the intention to act as a fulcrum of U.N. activities in the
environment field. UNEP's Governing Council consists of a total of
58 member states which serve three-year terms and its headquater is
at Nirobi, Kenya.
CSD The Commission on Sustainable Development is a major
institutional product of the United Nations Conference on

Environment and Development at Rio de Janeiro in 1992. CSD was

designed as an environmental institution to ensure implementation of
Agenda 21. Agenda 21 explicitly envisaged for establishment of
CSD under Chapter 38, International Institutional Arrangement.
GEF The Global Environment Facility is a financial organisation
which provides grants to developing countries for projects that
benefit the global environment and promote sustainable livelihoods
in local communities. The roots of the present day institutional
structure of GEF lie in the Paris meeting convened by the World
Bank in March 1990, where 17 donor countries expressed their
interest in setting up a facility to fund global environmental
projects.
3. Regime Specific Institutions Most MEAs by and large provide for an
institutional form. Such an institutional form ensures that the legal
mechanism is implemented effectively by the states who are parties to the
MEA. The subsidiary bodies of the institution cater to the various aspects
of the MEA objectives. These bodies include Subsidiary Body on
Implementation (SBI), Subsidiary Body on Science and Technology
Advice, Committee on Science and Technology, Scientific Council,
Heritage fund, Multilateral fund, Financial Mechanism and the Secretariat.
The Secretariat is the most prominently visible and permanent institutional
form, which services both the contracting States as well as maintains
contacts with the outside world. It is the servicing arm which is subject to
control and supervision of the COP.

1.3.

Role of Multilateral Developmental Banks

The role of multilateral development banks (MDBs) is significant in not only the
emergence but also the functioning of the IEIs. Their primary aim is to provide
lending to the IEIs for their economic development. They are institutions
providing financial support and professional advice for economic and social
development activities in developing countries. The term MDB typically refers
to the World Bank Group and four Regional Development Banks, namely, The
African Development Bank, The Asian Development Bank, The European
Bank for Reconstruction and Development and The Inter-American
Development Bank Group.
Several other banks and funds that lend to developing countries are also identified
as multilateral development institutions, and are often grouped together as other
Multilateral Financial Institutions (MFIs). They differ from the MDBs as their

ownership/membership structure is narrower and they focus on special sectors or

activities.
Among these are:

The European Commission (EC) and The European Investment Bank (EIB)
International Fund for Agricultural Development (IFAD)
The Islamic Development Bank (IDB)
The Nordic Development Fund (NDF) and The Nordic Investment Bank
(NIB)
The OPEC Fund for International Development (OPEC Fund)

A number of Sub-Regional Banks, established for development purposes, are also

classified as multilateral banks, as they are owned by a group of countries who are
typically borrowing members and not donors. Among these are banks such
as Corporacion Andina de Fomento (CAF); Caribbean Development Bank
(CDB); Central American Bank for Economic Integration (CABEI); East
African Development Bank (EADB); West African Development Bank
(BOAD), and so on.

2. Global Environment Facility

2.1. The Global Environmental Facility (GEF)
The Global Environment Facility (GEF) a Specialized Environmental Institution
that was established as a joint international effort in 1991. It is an independent
financial organization that helps developing countries fund projects and
programmes that protect the global environment and promote sustainable
livelihood in local communities. It was established by donor governments to
provide a small proportion of the conservation finance proposed at the UN
Conference on Environment and Development.
The GEF funds are contributed by donor countries. Since 1991, the Global
Environment Facility has provided $6.8 billion in grants and generated over $24
billion in co-financing from other sources to support over 1,900 projects that
produce global environmental benefits in more than 160 developing countries and
countries with economies in transition. In 2006, 32 donor countries pledged $3.13
billion to fund operations for four years. Up to 20% of this funding flows through
Non-Governmental Organisations NGOs.
GEF grants support to beneficiary countries for projects related to six complex
global environmental issues:

Biodiversity
Climate Change
International Waters
Land Degradation
The Ozone Layer
Persistent Organic Pollutants (POPs)

The GEF is also the financial mechanism for four international environmental
conventions:

The Convention on Biological Diversity

The UN Framework on Climate Change
The UN Convention to Combat Desertification
The Stockholm Convention on Persistant Organic Pollutents

GEF funds are contributed by donor countries. In 2002, 32 donor countries

pledged $3 billion to fund operations through 2006. At the Fourth GEF Assembly
in 2006, an additional $3.13 billion was committed by the doners.
The GEF projects are managed by the Implementing Agencies of the GEF. These

implementing agencies are:

the United Nations Environment Programme

the United Nations Development Programme
the World Bank

These agencies play key roles in managing GEF projects on the ground and help
the GEF quickly amass a diverse project portfolio serving the developing world.
Moreover, these agencies also attempt to incorporate the global environmental
concerns into all of their independent policies and programmes.
There are seven other international organizations which function as Executing
Agencies of the GEF. In 1999, the GEF Council expanded opportunities for these
seven organizations to contribute to the implementation of GEF projects under the
GEFs Expanded Opportunities Policy. These agencies contribute to the
management and execution of GEF Projects. These agencies are:
1.
2.
3.
4.
5.
6.
7.

African Development Bank (AfDB),

Asian Development Bank (ADB),
European Bank for Reconstruction and Development (EBRD),
United Nations Food and Agriculture Organization (FAO),
Inter-American Development Bank (IDB),
International Fund for Agricultural Development (IFAD), and
United Nations Industrial Development Organization (UNIDO)

2.2. GEFs Organizational Structure

GEFs member countries include developing and developed countries, as well as
those with economies in transition. 177 States are members of the GEF at present.
Each country has a GEF representative know as a Focal Point. Each country
receiving GEF assistance designates government officials who stand responsible
for GEF activities. These officials include both a Political/National focal point
who is responsible for coordinating matters related to GEF governance and as an
Operational Focal Point who oversees project-related matters. These focal points
help ensure that projects arise from their country's own priorities.
The main governing body of the GEF is the GEF Council that is responsible for
developing, adopting, and evaluating GEF programs. It functions as an
independent body having a board of directors. It is comprised of 32 members (16
from developing countries, 14 from developed countries, and two from countries
with transitional economies) who represent GEF member countries. All GEF fullsize projects must be approved by the GEF Council. The members meet twice
each year for three days and also conduct business by mail. All decisions are by

consensus. The Council's relatively open door policy toward non-governmental

organizations and representatives of civil society makes it unique among
international financial institutions.
The GEF Assembly is one of the main bodies of GEF. It is comprised of all the
member countries and acts as the decision making body of the GEF. It meets every
four years, and is responsible for reviewing and evaluating the GEF's general
policies, the operation of the GEF, and its membership. Ministers and high-level
government delegations of all GEF member countries take part in the meetings.
Amendments to the GEF Instrument - the document that established the GEF, can
be made only by the Assembly. It is the Assembly that selects a subset of its
members to serve on the GEF Council.
Another major governing boby of the GEF is its Secretariat, with a staff of about
40 based in Washington D.C., working under the CEO, who reports directly to the
GEF Council and Assembly, ensuring that their decisions are translated into
effective actions. The Secretariat coordinates the formulation of projects included
in the annual work program, oversees its implementation, and attempts to make
certain that operational strategy and policies are followed. At present the CEO of
the GEF is Mr. Monique Barbut, who is also the Chairperson of the Secretariat.
A reasonably independent GEF Evaluation Office is also located in Washington,
D.C., and reports directly to the GEF Council. In addition, the GEF also
encourages participation of NGOs in the process and activities of the GEF. The
ordinary people affected by GEF projects on the ground are normally heard by
these NGOs. They also help in assisting in the design, execution, and monitoring
of projects.
The Scientific and Technical Advisory Panel (STAP) provides objective scientific
and technical advice to the GEF. The STAP has fifteen members who are
internationally recognized experts in the GEF's key areas of work: biodiversity,
biosafety, climate change, coastal and fresh water management, sustainable land
management, persistent organic pollutants, and integrated ecosystem management.
STAP also maintains a roster of experts who advise on individual projects. Its
work is supported by a Secretariat based at the UNEP headquarters in Nairobi.
STAP's objectives are:

To identify and provide strategic advice on scientific and technical

priorities, the scientific and technical coherence of GEF operational
programs and strategies and on emerging issues and gaps relevant to the
implementation of operational programs.
To provide scientific and technical advice aimed at strengthening the
scientific and technical quality and underpinnings of GEF projects.

To enhance and improve the collaboration with other scientific and

technical bodies, communities and private sector in areas of relevance to
the GEF priorities.
To advise on capacity building efforts in science and technology relevant
for development and implementation of GEF projects.
To advise on targeted research relevant to GEF strategic priorities.
To advise on monitoring and evaluation indicators for focal areas and
cross-cutting issues.

The Monitoring and Evaluation Unit conducts reviews of GEFs work and
publishes lessons learned so that the GEFs effectiveness can enhanced.
As the financial mechanism for international environmental Conventions, the GEF
funds initiatives that help developing countries meet the objectives of the
conventions. The GEF also collaborates closely with other treaties and
agreements.

3. United Nations Environment Programme

3.1. The United Nations Environment Programme (UNEP)
The United Nations Environment Programme (UNEP) is also a Specialized
Environmental Institution that was established in 1972. It was founded as a result
of the UN Conference on Human Envrionment in June 1972. It UNEP coordinates
the United Nations environmental activities. It assists the UN in implimenting
environmentally sound policies and encourages sustainable development through
sound environmental practices, especially in the developing countries.
The UNEP is the designated authority of the UN system in environmental issues at
the global and regional level. Its mandate is to coordinate the development of
environmental policy consensus by keeping the global environment under review
and bringing emerging issues to the attention of governments and the international
community for action. The mandate and objectives of UNEP emanate from the
following instruments:
1. The United Nations General Assembly resolution 2997 (XXVII) of
15 December 1972 and subsequent amendments adopted at UNCED
in 1992
2. The Nairobi Declaration on the Role and Mandate of UNEP, adopted
at the Nineteenth Session of the UNEP Governing Council
3. The Malm Ministerial Declaration of 31 May, 2000.
Its activities cover a wide range of issues regarding the atmosphere, marine and
terrestrial ecosystems and has played a significant role in developing international
environmental conventions, promoting environmental science and information. It
has also contributed in illustrating the way those can work in conjunction with
policy, working on the development and implementation of policy with national
governments and regional institution and working in conjunction with
environmental Non-Governmental Organizations (NGOs). UNEP has also been
active in funding and implementing environmentally related development projects.
UNEP work encompasses:
Assessing global, regional and national environmental conditions and
trends
Developing international and national environmental instruments
Strengthening institutions for the wise management of the environment
Facilitating the transfer of knowledge and technology for sustainable
development
Encouraging new partnerships and mind-sets within civil society and the
private sector.

UNEP has aided in the development of guidelines and treaties on issues such as
the international trade in potentially harmful chemicals, transboundary air
pollution and contamination of international waterways.
3.2. UNEPs Organizational Structure
UNEP's global and cross-sectoral outlook is reflected in its organizational
structure, its activities and is personnel. It is headquartered in Nairobi, Kenya.
UNEP also has six regional offices and various country offices. Being based in
Africa gives UNEP a clear advantage in understanding the environmental issues
facing the world's developing countries. It also has various centres of expertise
such as the Global Resource Information Database (GRID) centres and the UNEP
World Conservation Monitoring Centre (UNEP-WCMC). UNEP also has major
offices in Geneva and Paris, where its Division of Technology, Industry and
Economics is situated.
UNEP also hosts several environmental convention secretariats including the
Ozone Secretariat and the Montreal Protocol's Multilateral Fund, CITES (the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora), the Convention on Biological Diversity, the Convention on Migratory
Species, and a growing family of chemicals-related agreements, including the
Basel Convention on the Transboundary Movement of Hazardous Wastes and the
recently negotiated Stockholm Convention on Persistent Organic Pollutants
(POPs).
The regional offices and divisions of UNEP are listed as follows:

Regional offices
Regional office for Africa
Regional office for Asia and the Pacific
Regional office for Europe
Regional office for Latin America and Caribbean
Regional office for North America
Regional office for West Asia

The UNEP also has various liaison offices, out-posted offices and collaborating
centres at different places across the globe. The UNEP Divisions are:

Division of Early Warning and Assessment (DEWA)

Division of Environmental Policy Implementation (DEPI)
Division of Technology, Industry and Economics (DTIE)
Division of Regional Cooperation (DRC)
Division of Environmental Law and Conventions (DELC)

Division of Communications and Public Information (DCPI)

Division of Global Environment Facility Coordination (DGEF)

In addition to the various divisions, UNEP also has various scientific advisory
groups working with it to provide scientific and technical expertise. Some such
advisory groups are the Ecosystem Conservation group (ECG), the
Intergovernmental Panel on Climate Change (IPCC), the Joint Group of Experts
on Scientific Aspects of Marine Environment Protection (GESAMP), the UN
Scientific Committee on the Effects of Atomic Radiation (UNSCEAR), the
Scientific and Technical Advisory Panel (STAP) and so on.