State Global Environmental Governance 2022

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State of Global

Environmental
Governance
2022
International Institute for
Sustainable Development
Earth Negotiations Bulletin

Edited by Jen Allan, PhD


Contributing authors:
Elena Kosolapova, PhD
Tanya Rosen, JD
Jessica Templeton, PhD
Lynn Wagner, PhD
State of Global
Environmental
Governance
2022
International Institute for
Sustainable Development
Earth Negotiations Bulletin

Edited by Jen Allan, PhD


Contributing authors:
Elena Kosolapova, PhD
Tanya Rosen, JD
Jessica Templeton, PhD
Lynn Wagner, PhD
© 2023 International Institute for Sustainable Development
Published by the International Institute for Sustainable Development

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State of Global Environmental Governance 2022


February 2023
Edited by Jen Allan, PhD
Contributing authors: Elena Kosolapova, PhD, Tanya Rosen, JD, Jessica
Templeton, PhD, Lynn Wagner, PhD
Cover Photo: Mike Muzurakis
Photo Credits: Mike Muzurakis, Kiara Worth

iv enb.iisd.org
State of Global Environmental Governance 2022

Foreword
Never in the history of humanity has the
world faced so many environmental threats.
Climate change is now called a climate
emergency. We are losing biodiversity at
an alarming rate. Our oceans are being
choked with plastic, and we continue to
produce toxic chemicals that are harmful to
humans and wildlife. For millions of people,
access to fresh water and sanitation is a
growing challenge. The basic human rights
enshrined in the Universal Declaration on
Human Rights are at risk. As Article 3 of the
Declaration states: “Everyone has the right
to life, liberty and security of person.” Sadly,
too many lives are being lost because of our
profligate abuse of the natural environment.
Ian Fry, Special Rapporteur on the Promotion and Protection
Now more than ever, the international of Human Rights in the context of Climate Change
community must step up and ensure that the
global environment is properly protected.
The State of Global Environmental Governance
Following in the footsteps of the
produced by the International Institute
Intergovernmental Panel on Climate Change
for Sustainable Development provides an
and the Intergovernmental Science-Policy
excellent overview of progress made in global
Platform on Biodiversity and Ecosystem
environmental governance in the last 12
Services, the international community
months. There are hopeful stories, and there
launched negotiations on a science-policy
are tragedies.
body for chemicals, waste, and pollution.
In 2022 we witnessed the launch of This is critically important. For too long,
negotiations on a new treaty on plastics. concerns about toxic chemicals, waste, and
This is a huge and long-anticipated step pollution have taken a back seat to the more
forward. Let us hope that the negotiations newsworthy issues of climate change and
are not protracted and that the treaty can be biodiversity. This new scientific body will
implemented as soon as possible. hopefully put these chemical and pollution

enb.iisd.org v
Foreword

issues at the forefront of concern. Let us already suffering from the impacts of climate
not forget Rachel Carson’s seminal 1962 change. With the establishment of the fund,
book, The Silent Spring, which exposed major polluters, both public and private, may
the harmful effects of DDT. This book be forced to pay reparations for the harm
awakened the world to the fact that our faith they are causing. Let us hope that this fund
in the chemical industry had to be seriously will be truly significant.
questioned. Carson faced considerable
These are only a few of the issues that fall
vilification and harassment by the
within the ambit of global environmental
agrochemical industry as a scientist and as a
governance. There are many more to be
woman. Her fortitude and bravery in facing
found in this report. Let me conclude
the power of the chemical industry cannot
by congratulating all the writers who put
be overstated. Let us hope that the new
together this report. Let me also congratulate
science-policy body for chemicals, waste, and
all the writers, editors, and photographers
pollution will become the platform for many,
that work so hard to bring us the Earth
many Rachel Carsons.
Negotiations Bulletin. Their work is the
As the Special Rapporteur for the promotion foundation for this report. Without the
and protection of human rights in the concise and authoritative reporting by ENB,
context of climate change, the decision we would be a lot intellectually poorer
by the UN General Assembly to adopt a and less well-informed. I, for one, am an
resolution on the right to a clean, healthy, avid reader of the ENB, and I recommend
and sustainable environment was, for me, everyone else to do the same.
one of the key milestones of 2022. While the
resolution is not legally binding, it showed
a clear commitment by the international Ian Fry, PhD
community that environmental protection Special Rapporteur for the promotion and
and sustainable development cannot be protection of human rights in the context of
separated from human rights. It told us that climate change
every human has a right to a clean, healthy,
and sustainable environment. Undoubtedly,
we will see many court cases seeking
affirmation of that right.

Linking human rights and climate change


was another pivotal moment in 2022 when
parties to the UN Framework Convention
on Climate Change agreed to establish a loss
and damage fund. Millions of people are

vi enb.iisd.org
State of Global Environmental Governance 2022

Table of Contents
Letter from the Editor........................................................................................................................................................ 1

The Year at a Glance........................................................................................................................................................... 5

Delivering Change Amidst Global Crises.......................................................................................................................... 5


Some Surprises........................................................................................................................................................................................7
Work Remaining......................................................................................................................................................................................7

Old Ideas to New Action: Loss and damage and nature-based solutions............................................... 9

Loss and Damage.................................................................................................................................................................................9


What Broke the Logjam?............................................................................................................................................................10
Nature-Based Solutions...............................................................................................................................................................11

Human Rights and Conflict Issues in Environmental Negotiations..........................................................15

Conflicts................................................................................................................................................................................................... 16

Looking Ahead to 2023....................................................................................................................................................19

Assessing Effort and Impact.....................................................................................................................................................19


Negotiating Something New.................................................................................................................................................... 22
2023: Optimism or Dread?.......................................................................................................................................................... 22

enb.iisd.org vii
viii enb.iisd.org
State of Global Environmental Governance 2022

Letter from the Editor


If, like me, you’re an environmental policy capped off years of negotiations. It sets out a
nerd—or, more kindly, passionate about series of goals and targets to protect nature.
protecting the natural world—2022 was a This approach also means there are clear
feast. The coronavirus pandemic loosened its benchmarks to measure progress.
grip, making multilateralism truly possible.
There were also celebrations in the midst of
Global negotiations covered nearly every part
this catch-up of pandemic-delayed work. The
of our environment, from the atmosphere to
Stockholm+50 conference marked 50 years
the Ocean’s depths.
since the UN Conference on the Human
I found it surprising how quickly everything Environment put the environment on the
returned to (nearly) normal. We started the global agenda. Much has happened since, but
year with daily COVID tests and masks and the core idea—that solving global problems
ended the year with a mix of either stringent requires global cooperation—remains.
protocols or none at all. For the most part,
Spare a thought for the negotiators,
meetings were face-to-face, with some
Secretariat staff, and civil society who worked
online options. China continued to support
in these face-to-face and online spaces in
online participation to accommodate its
such a busy year. Secretariats had to organize
zero-COVID policy. That policy has ended,
all the meetings while also catching up on
and online participation platforms remain
technical assistance and capacity-building
very expensive. Still, online options may be
activities. Civil society had to adapt again,
here to stay, particularly for some smaller or
moving from social media-based activism
shorter meetings. It could help reduce the
back to the hallways of venues worldwide.
travel-related emissions of global meetings,
and it also increases the accessibility of these This year wasn’t just about “doing more.”
negotiations for people who cannot travel for Ideas came to the fore that previously were
health or other reasons. considered on the sidelines. Environment
ministers invoked “carbon colonialism” at
In this burst of activity, there were a lot of
the Sharm El-Sheikh Climate Conference.
triumphs. Some were long-awaited, from
The idea even briefly appeared in an early
launching talks for a plastics treaty to
draft of the mitigation decision. The UN
adopting the global biodiversity framework.
Environment Programme popularized
Section 2 outlines some wins and misses of
the term “triple planetary crisis” to refer
this remarkably hectic year. The Kunming-
to the climate, biodiversity, and pollution
Montreal Global Biodiversity Framework

enb.iisd.org 1
Letter from the Editor

Figure 1. The post-COVID rebound in 2022

400
Number
of days

350

300

250

200

150

100
Number of
meetings
50

0
2017 2018 2019 2020 2021 2022

Source: Author’s calculations

emergencies we collectively face. Some the pandemic was uneven; commodity prices
older ideas finally got their due. The were volatile. Together, environmental and
concept of nature-based solutions pollinated economic perils pushed the Sustainable
environmental decisions in various Development Goals (SDGs)—the global
negotiations. Loss and damage as an idea blueprint to achieve a better future for all—
has been a slow burn to be recognized, further out of reach.
institutionalized, and finally, in 2023,
In 2022, Europe again found itself at war.
financed (see Section 3).
The conflict in Ukraine may have done more
Geopolitical turbulence rumbled beneath for renewable energy than years of climate
all this multilateral activity. Global financial negotiations. Energy is now a national
instability rose to new levels. Recovery from security issue. Governments are making

2 enb.iisd.org
State of Global Environmental Governance 2022

record investments in renewable energy. climate legislation. Europe is experimenting


Forecasts of renewable energy capacity with climate policy. The European Union is
rapidly tilted upward, nearly 30%. The world experimenting with climate policy with its
is on track to add as much renewable energy carbon border adjustment mechanism. It will
in the next 5 years as it did in the past 20. adjust the price of a range of imported goods
from countries with lower climate ambition.
The deployment of renewable energy
cannot come fast enough. 2022 was the California banned “forever chemicals” (or,
fifth warmest year in recorded history. per- and poly-fluoroalkyl substances [PFAS])
While the Danube, Rhine, and Loire rivers in products. And there are many affected
nearly ran dry, over 1,700 people died in products (seriously: everything from non-
unprecedented floods in Pakistan. The stick cookware to fire-fighting foams). Also,
damage in Pakistan reveals the devastation in good chemicals news, the ozone hole
of our new climate reality. After the waters continues to shrink.
receded, nearly 10 million children remained
Looking ahead to 2023, as we do in Section
at risk from contaminated water and hunger.
4, there will be many “performance reviews.”
All this tragedy and we’re only at 1.2°C
Various bodies for climate, endangered
of global warming, still below the Paris
species, and chemicals, among others, will
Agreement’s goals.
review countries’ collective efforts. We may
UNEP’s use of “crisis” is apt. Our very be left wanting countries to do more and
human rights are at stake. For example, more quickly.
chemicals in our bodies threaten children’s
But these performance reviews underscore
rights, and nature loss infringes on
a vital function of global environmental
Indigenous Peoples’ rights. Section 3 lays
governance—one likely to become more
out the challenges in realizing human rights
critical over time. Almost all environmental
in environmental decisions. On the bright
treaties are in implementation mode,
side, in 2022, the UN General Assembly
meaning countries have firm obligations to
recognized the human right to a clean,
live up to. Transparency may become the
healthy, and sustainable environment.
primary function of global environmental
There were other bright spots. A “climate governance: telling the world about the
election” brought a new, greener government state of the environment and countries’
to power in Australia. Brazil elected Luiz efforts to solve problems. For many of the
Inácio Lula da Silva as president, giving rise environmental crises we face, it’s not a
to new hope for the Amazon. The United moment too soon. It’s time to act and hold
States passed the Inflation Reduction Act, an states accountable.
odd name for a potentially powerful piece of

enb.iisd.org 3
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State of Global Environmental Governance 2022

The Year at a Glance


Great expectations were laid on 2022. After Stockholm and Rotterdam Conventions.
2 years of online meetings that proved far More species benefiting from the protections
from effective at reaching decisions, many offered by CITES.
hoped 2022 would be a year of landmark
Then there were many decisions made
outcomes. The year nearly lived up to those
by the subsidiary bodies. Add in the UN
lofty expectations. Despite the “permacrises”
Environment Assembly resolutions and
of 2022—war, energy insecurity, famine,
the progress tracking at the High-Level
inflation, climate change, nature loss, and
Political Forum. Reaffirmations abounded,
more—there were major wins for global
including the UN Convention to Combat
environmental governance. New decisions
Desertification’s Abidjan Call, confirming
and rules arose that should help improve the
governments’ commitment to the 2030
global environment. Still, a few milestones
Agenda for Sustainable Development,
remain unmet.
especially SDG 15.3 on achieving land
degradation neutrality by 2030. So it was
Delivering Change Amidst indeed a very busy year.
Global Crises Biodiversity negotiations epitomize resilience
In a normal year, we’d laud the many in the face of the challenges of the past 2
decisions that advanced the implementation years. After delays, online meetings, and
work of various environmental Conventions. moving venues from China to Canada, the
There were over 634 decisions, just in the UN Biodiversity Conference adopted the
10 COPs and MOPs (the highest decision- Kunming-Montreal Global Biodiversity
making bodies for treaties). Many of these Framework (GBF). This framework will
related to biodiversity. The Convention guide future biodiversity policy. It replaces
on International Trade in Endangered the Aichi Biodiversity Targets, most of which
Species of Wild Fauna and Flora (CITES) were not met. This time around, the targets
accounted for over half the yearly total, with are more comprehensive, specific, and
a record 365 decisions. Major milestones time-bound. Guided by a vision of living
punctuated these sometimes routine—but in harmony with nature by 2050, the GBF
vital—decisions, despite the geopolitical includes four overarching goals and a set of
and economic winds blowing against global 23 targets to be reached by 2030.
cooperation (see Table 1). More wetlands
protected. New chemicals added to the

enb.iisd.org 5
The Year at a Glance

Table 1. Milestones met (and not) in 2022

Meeting Possible outcomes Delivered?

UN Environment Assembly Launch negotiations for a plastics


treaty ✓
Launch negotiations for a science-
policy body for chemicals, waste, ✓
and pollution

Convention on Biological Diversity Post-2020 global biodiversity


COP 15 framework ✓
UN Convention on the Law of New legally binding instrument
the Sea on the conservation and
sustainable use of marine biological ×
diversity of areas beyond national
jurisdiction (BBNJ)

IPBES Assessment reports on values and


on sustainable use ✓
IPCC Working Group II (impacts,
adaptation, and vulnerability) and III ✓
(mitigation) reports

Sixth Assessment Synthesis Report


×
World Trade Organization Agreement on fisheries subsidies

Source: Author’s calculations.

Even the World Trade Organization (WTO) overfishing). There is more work to do, but
did its part for biodiversity. After over 2 it’s a start.
decades of talks, WTO members clinched a
Important talks got underway in 2022. There
deal on fisheries subsidies. The treaty curbs
is hope for global cooperation to address the
subsidies to:
flood of plastics polluting land and water.
• illegal, unreported, and unregulated The process, which is ambitiously set to
(IUU) fishing conclude in 2024, held its first meeting in
• fishing of overfished stocks November 2022, with an exchange of views
on the treaty’s scope. Early talks also began
• fishing on the high seas outside
on establishing a science-policy panel on
the control of regional fisheries
chemicals and waste to prevent pollution.
management organizations.
Many hope this body will help raise the
With this agreement, governments have gone profile of chemicals and waste issues, as the
a long way toward fulfilling the mandate of IPCC and IPBES have done for climate
SDG 14.6 (end subsidies contributing to change and biodiversity.

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State of Global Environmental Governance 2022

Some Surprises In some cases, the delays can be partly


attributed to the lasting effects of the
Global environmental governance can be COVID disruptions. The IPCC approved
unpredictable. When thousands of negotiators the overdue reports for Working Groups II
representing nearly 200 countries gather, (Impacts, Adaptation, and Vulnerability)
almost anything can happen. Nevertheless, and III (Mitigation) in 2022. The Synthesis
there were breakthroughs in 2022 on long- Report was further delayed to 2023. As a
standing controversial topics that have result, it is not yet helping inform the Global
plagued biodiversity and climate governance. Stocktake under the UNFCCC. The IPCC
relies on the volunteer efforts of hundreds of
The UN Biodiversity Conference surprisingly
climate scientists, and it has felt the effects
agreed to establish a multilateral mechanism
of the pandemic’s squeeze on individuals’
for benefit sharing from data derived
time acutely. Voices were raised in favour of
from genetic resources or digital sequence
bold reforms to the IPCC’s organizational
information. Such digital information
structure and work program. New products
can lead to medical and food security
and activities were also called for that would
breakthroughs, but the benefits are often
allow the Panel to stay relevant.
unequally shared. The decision aims to ensure
the Convention on Biological Diversity For marine biodiversity, COVID delays
(CBD) adapts to technological developments complicated already complex negotiations.
and ensures respect for its third objective: fair Talks toward a high seas treaty were expected
and equitable benefit sharing. to conclude in August 2022 (as the revised
deadline) but still need to finish. However,
The Sharm El-Sheikh Climate Change
hopes are high for a conclusion in 2023, with
Conference agreed on new funding
several lauding 2022 as the year where parties
arrangements to help vulnerable countries
made “more progress than in the last decade.”
respond to loss and damage—the permanent
effects when climate change pushes natural With most of the catch-up complete, the pace
and human systems beyond their ability to inevitably slows in 2023. There may be space
adapt. A committee will hash out the details. to work through these last issues. Informal
The mere recognition of the need for finance discussions, often happening between
to help vulnerable countries deal with loss meetings, can be powerful ways to remove
and damage is a significant milestone. roadblocks. There may finally be time. 

Work Remaining
It wasn’t a clean sweep of significant
decisions in 2022. Work remains to finalize
key climate reports and address the future
of chemicals management and high seas
biodiversity.

enb.iisd.org 7
Pinkie Promises and Patchwork Pledges

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State of Global Environmental Governance 2022

Old Ideas to New Action:


Loss and damage and nature-
based solutions
Sometimes ideas need time to seep into Recognition came slowly. It was first
mainstream conversations. In 2022, loss and included on a formal negotiations agenda
damage finally achieved institutional depth: in 2011 and institutionalized in the Warsaw
beyond recognition and technical support, International Mechanism for Loss and
there will be funding arrangements. Nature- Damage associated with Climate Change
based solutions gained breadth. The idea Impacts in 2013.
spread across decisions of various treaties—
The concept shifted along the way.
not always smoothly, but successfully.
Contentious talks led to a stand-alone article
for loss and damage in the Paris Agreement.
Loss and Damage This agreement ruled out compensation
and liability. Over time, expert groups and
The name almost says it all. Loss and
technical groups have worked under the
damage refers to the permanent effects
Warsaw International Mechanism (WIM)
of climate change beyond what can be
on types of losses, displacement, and
adapted to. Effects can be slow or rapid,
comprehensive risk management.
economic or not (see Figure 2). The
effects are here and now and unequally The issue of finance was stuck in circular
distributed geographically and socially. conversations for years. Even at the 2022
Losses and damages disproportionately subsidiary bodies meeting, a proposed
impact vulnerable countries and members agenda item on loss and damage finance was
of society, including children, the elderly, blocked by developed countries. However,
migrants, women, and people of low socio- just months later, there was a breakthrough.
economic status. Not only was loss and damage finance
on the agenda for the first time, but the
The Alliance of Small Island States (AOSIS)
parties established a fund and process to
introduced the idea of loss and damage in
operationalize it.
the 1990s. At that time, the Alliance called
for compensation for countries vulnerable
to rising sea levels, much as it does today.

enb.iisd.org 9
Old Ideas to New Action

Figure 2. Examples of loss and damage

Desertification Loss of biodiversity

Rising temperatures Land & forest degradation


SLOW
ONSET
EVENTS
Salinization Glacial retreat & related impacts

Sea level rise Ocean acidification

Drought Heatwave

EXTREME
Flood WEATHER Storm surge
EVENTS

Tropical cyclone

Source: UNFCCC Online Guide to Loss and Damage. Reproduced with permission.

What Broke the Logjam? vulnerable (V20) to create the Global Shield
against Climate Risks.
It seems to be a mix of global solidarity and
In Egypt, at COP 27 itself, the negotiation
clever diplomacy. Loss and damage arrived
dynamics were, well, dynamic. The G-77 and
in the Global North. Hurricane Fiona was
China maintained a united front in getting
one of the costliest climate disasters to
loss and damage on the agenda. Given that
date and the most expensive to hit Canada.
the Group includes small island states and
Estimates released in 2022 put the economic
oil-producing countries with wildly varied
cost of climate disasters in Europe at EUR
interests, their unity was a remarkable feat.
145 billion in the last 10 years.
Small island states used their membership
Funding pledges emerged throughout of the High-Ambition Coalition (HAC) to
2022. Scotland added GBP 5 million to bring key developed countries on board.
its previous GBP 2 million commitment. The compromise to put the issue on the
Denmark put forward USD 13.7 million. agenda was an explicit reaffirmation that this
Some of the world’s wealthiest countries discussion would not be about liability or
(in the G7) came together with the most compensation.

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State of Global Environmental Governance 2022

The EU agreed to establish a fund at this or built infrastructure, nature can help us
COP in a dramatic speech just days before reduce carbon emissions, adapt to a warmer
the meeting’s scheduled end ... if there was world, be protected from storm waters,
equally significant progress on mitigation. enhance farming productivity, and more.
That demand was not met. The mitigation
NbS is a powerful idea that could reorient
outcome was viewed by many as putting
our approaches to environmental policy, but
“1.5°C on life support.” But the promise was
it only appeared in global decisions in 2022.
out there—that a fund could be established
The term appeared in several treaty bodies
in 2023, with details to be worked out. In
and even further afield, from the G7 to the
the closing plenary, the decision on loss
World Urban Forum. Even the International
and damage was agreed to even before
Labour Organization (ILO) considered how
many had read the mitigation or cover
NbS could create green jobs, especially in
decisions. Developed countries had lost their
rural areas where forestry and agriculture are
bargaining chip and had run out of time to
key sectors.
press for more on mitigation.
The first environmental body to formally
The deadline for the details is 2023 at COP
recognize NbS in 2022 was the UN
28. First, the small committee will have
Environment Assembly. Resolution 1/5 gives
to identify the existing funding sources.
an exhaustive definition of NbS as
Then, there is the thorny question of who
should donate to the fund. It will also actions to protect, conserve, restore,
have to confront uncertainties. As the sustainably use and manage natural
Intergovernmental Panel on Climate Change or modified terrestrial, freshwater,
Working Group II report on Impacts, coastal and marine ecosystems
Adaptation and Vulnerability notes, methods which address social, economic and
for assessing loss and damage are currently environmental challenges effectively
underdeveloped. Some losses, like cultural and adaptively, while simultaneously
lands and homes, may be immeasurable and providing human well-being,
impossible to quantify. ecosystem services, resilience and
biodiversity benefits.
Nature-Based Solutions This is the type of definition that can appear
The concept of “nature-based solutions” when 193 member states are involved.
(NbS) pioneered by the IUCN is 20 years However, it preserves the core of the idea:
old. The heart of the idea is that healthy improve nature for its own sake and improve
ecosystems can achieve other environmental peoples’ lives.
and social goals. Rather than technologies

enb.iisd.org 11
Old Ideas to New Action

Figure 3. Different visions of nature-based solutions

IM AT E C H A N G
CL E

TS BIODI
RES World Urban VE
FO Forum RS
D IT
N IPCC
A

Y
L

World Forestry
G7
Congress
UN Ocean
Ramsar
Conference
UNCCD Convention on
Wetlands
CBD
UNFCCC

Source: Author’s calculations.

The idea is not without controversy. Different visions emerged as the concept
Across the Rio Conventions (UNCCD, diffused across forums (see Figure 3).
CBD, and UNFCCC), the IPCC, and the Only the UNEA resolution is broad. The
Ramsar Convention on Wetlands, there was other forums tended to invoke NbS in
pushback against NbS by some developing specific contexts. Most used NbS to link
countries, often led by Brazil. Protracted at least two environmental challenges. This
debates weighing NbS against ecosystem was the hope of the UN Convention to
approaches ensued in each forum. In part, Combat Desertification. It was the first Rio
the concern is principled. Why should Convention to recognize NbS in a decision
developing countries be responsible for in 2022. The Abidjan Declaration adopted in
the “solutions” to problems caused by the May views NbS as cost-effective and efficient.
Global North? Adding the qualifier “and/or
In climate governance, the Sharm el-Sheikh
ecosystem approaches” after NbS appeased
Implementation Plan nests NbS in a section
those concerned.

12 enb.iisd.org
State of Global Environmental Governance 2022

on forests. The decision references the speaks of NbS in terms of land degradation.
UNEA resolution on NbS and encourages The diffusion may have been smooth in
countries to consider NbS or ecosystem- 2022, but it may be just a first step.
based approaches for their mitigation and
The breakthroughs in 2022 are likely to
adaptation actions. Climate projects have
lead to greater traction for this term, despite
been connected to land grabs and human
the opposition of some countries. Already,
rights abuses. The decision calls for ensuring
several initiatives are on the horizon, some
relevant social and environmental safeguards.
spearheaded by the World Bank and IUCN
The contentious discussions on NbS planned for 2023, that further encourage the
happened in biodiversity politics. use of NbS.
Throughout 2022, negotiations for the
Post-2020 Global Biodiversity Framework
returned to the question of whether to
include NbS. References were proposed
across several targets and sections:

• Target 8, on minimizing the impacts


of climate change on biodiversity
• Target 11, on regulating services
provided by ecosystem services and
nature
• Section B(bis), on principles and
approaches

When decisions were due at the December


meeting, NbS featured throughout the
final texts. Targets 8 and 11 reference
“nature-based solutions and/or ecosystem-
based approaches.” Guidance to the
Global Environment Facility, the financial
mechanism for the CBD, also included NbS.

The hope at UNCCD that NbS could


promote solutions seems partially borne out,
but the connections are uneven. Climate
thinks of NbS in terms of forests; biodiversity
in terms of climate. And, so far, UNCCD

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State of Global Environmental Governance 2022

Human Rights and


Conflict Issues in
Environmental Negotiations
In July 2022, the UN General Assembly Measures intended to protect biodiversity,
recognized that access to a clean, healthy, such as “fortress conservation” practices
and sustainable environment is a human can violate human rights.
right. To achieve this right, countries
The Global Biodiversity Framework
will have to fully implement multilateral
(GBF) adopted at COP 15 explicitly
environmental agreements. How human
outlines a human rights-based approach
rights discussions played out in these treaties,
to implementation. It reaffirms the rights,
however, remained tentative and contentious
contributions, and unique value systems of
in 2022.
Indigenous Peoples and local communities
The UN General Assembly Resolution (IPLCs) as biodiversity custodians and
builds on over a decade of efforts by conservation partners. Target 22 of the GBF
environmental and human rights activists seeks to protect human rights defenders.
to link human rights and climate change. In
Despite these wins, several bodies struggled
2008, the Human Rights Council adopted a
to incorporate human rights language in
resolution highlighting how climate change
the past year. For example, the Ramsar
could undermine other human rights. In
Convention on Wetlands worked to integrate
2021, the Council recognized the human
human rights language. However, negotiators
right to a clean, healthy, and sustainable
worked and re-worked a reference
environment. It established a Special
reaffirming water as a human right until it
Rapporteur “to contribute towards ongoing
became even more vague.
efforts at all levels to address the adverse
impact of climate change on the enjoyment At the climate conference this year,
of human rights.” negotiators included human rights language
in the Sharm El-Sheikh Implementation
In 2022, much of the human rights focus
Plan. It recognizes the right to a clean,
was on biodiversity. On the eve of the
healthy, and sustainable environment, the
Convention on Biological Diversity COP
right to health, and the rights of Indigenous
15, UN human rights experts stressed the
Peoples. However, it couches this reference
need for a human rights-based approach.

enb.iisd.org 15
Human Rights and Conflict Issues in Environmental Negotiations

carefully, saying countries should “consider”


Conflicts
these rights when undertaking climate action.
War is a sad reality every year. In 2022,
Market mechanism discussions struggled to
conflict-related issues found their way into
come to grips with protecting human rights,
environmental discussions. Usually, delegates
particularly for forest and other “removal”
insulate environmental discussions from
projects. Such projects are meant to remove
security issues. However, the year saw a
carbon dioxide from the atmosphere using
growing recognition of the connections
natural environments or technologies. Often
between conflict and environmental
used as offsets, such projects have a patchy
degradation.
human rights record. Negotiators could
not agree on rules related to environmental Throughout 2022, at almost all
integrity, environmental and social environmental meetings, there were
safeguards, and human and Indigenous statements condemning Russia’s invasion
Peoples’ rights. The issue was returned to the of Ukraine. In some instances, delegates
Article 6.4 Supervisory body to work on and from Europe or North America walked out
report back in 2023. while Russia gave an opening statement.
Disagreements over bureau member
The Convention on International Trade in
nominations from the Central and Eastern
Endangered Species of Wild Fauna and Flora
European region resulted in postponed
(CITES) continued to debate whether to
elections in the plastics INC and UN
consider the impacts of its listing decisions
Biodiversity Conference.
on livelihoods and conservation outcomes.
At CoP 19, countries debated if the effects Significantly, the Ramsar Convention on
on livelihoods should be a new criterion for Wetlands discussed the environmental
species protection. The proposal to reopen emergency and damage to wetlands in
the debate over listing criteria to include Ukraine stemming from Russian aggression,
livelihoods failed. Many parties maintain the which resulted in a landmark resolution
listing criteria are not the place to consider recognizing the impacts of the war in
livelihoods so directly. Ukraine on its environment, including
disruption of the ecological status of 16
Ramsar Sites and potential damage to
another 15 sites.

Rounding out the year, the UN General


Assembly passed the Protection of the
Environment in Relation to Armed Conflicts.
Its 27 legal principles were a decade in the

16 enb.iisd.org
State of Global Environmental Governance 2022

making and represent a comprehensive


approach to the problem. The principles
touch on natural resource extraction, given
that “conflict” has become an adjective
to describe resources from diamonds
to timber. The conduct of corporations,
rights of Indigenous Peoples, and effects of
occupation are all included in what some
have deemed a “radical” approach.

There are questions about whether


armed conflict should be addressed in
environmental governance forums. The
damage and destruction caused by war
directly affect the sustainability and well-
being of humans and ecosystems. However,
policy-makers have viewed geopolitical
tensions as beyond the boundaries of
environmental governance. The Ramsar
Convention on Wetlands, CITES, CBD,
and the World Heritage Convention have
previously adopted resolutions and other
measures recognizing the risks armed conflict
poses to biodiversity, yet these historic
resolutions never condemned aggression.

The war in Ukraine has affected the


country’s environment as well as global food
and energy supplies. The decision passed
by countries at the Convention on Wetlands
meeting could mark a new recognition that
environmental governance does not exist in
a vacuum, and—whether we like it or not—
sustainable development and geopolitics are
interconnected.

enb.iisd.org 17
18 enb.iisd.org
State of Global Environmental Governance 2022

Looking Ahead to 2023


2023 could—fingers crossed—complete Assessing Effort and
the return to a more normal schedule for
global environmental governance. We are Impact
preparing to cover seven COPs/MOPs, Performance reviews will be a theme of
rather than the extraordinary 10 COPs that 2023. In various forms, assessments and
took place in 2022. Fewer meetings, but they stocktaking will be the focus of many
promise to offer an unprecedented look into meetings to shed light on how well countries
the effectiveness of several global treaties. are living up to their obligations. Through
At the same time, new agreements will be reports, dialogues, and high-profile events,
negotiated and some hopefully concluded. there will be new information about the state
of our planet and efforts to save it.

Figure 4. A sample of the year ahead, 2023

Climate/ Chemicals
atmosphere Biodiversity Governance and waste

UNFCCC CMS COP 14 UN 2023 Water Basel, Rotterdam,


COP 28 Conference Stockholm
BBNJ Conventions
Montreal SDG Summit
Protocol Minamata
Convention on
IPCC Mercury

International
Conference on
Chemicals
Management

Plastics INCs

Source: Author’s calculations.

enb.iisd.org 19
Looking Ahead to 2023

Transparency and global awareness the Intergovernmental Panel on Climate


of action—or inaction—are usually Change (IPCC) will be available to inform
how multilateral treaties are enforced. the Global Stocktake during its final, crucial
Environmental agreements have mechanisms year. In 2023, leaders will be given a wealth
to assess progress, with the hope of spurring of information about the state of the world
further action. In 2023, progress on climate and their collective efforts (see Figure 5).
and chemicals action and the Sustainable
Other treaty bodies will conduct their
Development Goals (SDGs) will be in
evaluations. The Convention on Migratory
the spotlight. A critical feature in these
Species will undertake assessments as
assessments will be the effort to identify
the Strategic Plan for Migratory Species
lessons and levers to inspire further action.
2015–2023 ends. The Plan sets out a series
2023 will mark the mid-point of the 2030 of targets. Underlying these was a hope
Agenda’s 15-year agenda. In September, that a strategic approach could bring added
heads of state and government will gather political attention to protecting migratory
for the SDG Summit. As at the last Summit, species. In 2023, countries may also consider
they will very likely receive sobering if this less explicit goal was achieved.
assessments of the status of the Agenda’s
The Stockholm Convention on Persistent
implementation. The Global Sustainable
Organic Pollutants (POPs) will undertake
Development Report (GSDR) will deliver
an effectiveness evaluation. It will serve as
some of the news. This report will identify
an assessment of the Convention’s ability to
entry points for the transformations the
protect human health and the environment
world needs to achieve.
from POPs. The report will include data on a
To catalyze action on the water-related range of problems, from unintentional POP
SDGs, the UN 2023 Water Conference will emissions to POP stockpiles and wastes.
try to raise awareness and build partnerships. Crucially, we’ll know whether POP levels in
It’s a once-in-a-generation event. Expect new the environment are decreasing.
commitments aplenty.
The Minamata Convention on Mercury has
The first Global Stocktake under the Paris a similar exercise that will begin in 2023. It
Agreement will conclude at the climate will be the first effectiveness evaluation of the
meeting in the United Arab Emirates. Convention. Throughout the year, an Open-
The technical phase of the Stocktake ended Scientific Group will work out how to
used innovative techniques to gather accurately measure reductions in mercury in
input throughout 2022. This first phase the environment—the real-world effect of the
will conclude in June, turning over the Convention. In 2023, we’ll learn more about
findings to the political stage. The Synthesis the chemical burden our planet—and our
Report from the sixth assessment cycle of bodies—carry.

20 enb.iisd.org
State of Global Environmental Governance 2022

Figure 5. (Some of) what we’ll learn in 2023

Body Examples of data collected

Finance provided

UNFCCC GHG emissions


CLIMATE
IPCC Climate impacts

Adaptation efforts

PoPs in environment, humans

Stockholm Finance provided


CHEMICALS
Minamata Plans to manage wastes

Mercury emissions

Global resource use


RESOURCES International
Resources Panel
Socio-economic implications
of circular economy

Threats to migrating species


BIODIVERSITY CMS
Plans to include traditional knowledge

State of the World Countries’ efforts

Source: Author’s calculations.

enb.iisd.org 21
Looking Ahead to 2023

Negotiating are some elements of the future instrument


emerging, which many hope to adopt in 2023.
Something New
Beside these wholly new agreements, expect
Negotiations of a new science-policy panel to see a lot of discussion about finance.
for chemicals will start in earnest in 2023. Without it, developing countries will struggle
It’s being negotiated with the hope that it to live up to their obligations. In turn, the
will stand alongside the IPCC and IPBES, environment that we all share remains
raising public and political attention around in crisis. Biodiversity finance is on a fast
chemicals. Chemical production and use track—especially at the Global Environment
continue to grow exponentially. This panel Facility, one of the main finance arms for
could provide early warnings of threats to many environmental agreements. In addition,
human health and the environment. But there will be the recommendations on a new
first, delegates must negotiate how such a loss and damage finance facility considered
“horizon scanning” function will operate. in December at the climate conference.
This panel joins ongoing negotiations to
establish new global rules for a range of 2023: Optimism or Dread?
issues (see Figure 5). Plastics will likely
garner the most attention. Given the We could leave 2023 with a sense of inertia.
ubiquity of plastics—the many types and All the performance reviews could make for
almost infinite uses—the goal to conclude depressing reading. Countries’ efforts are
negotiations by 2024 is ambitious. Some of likely to fall short. The geopolitical tensions
the key issues may centre on turning off the that seeped into environmental negotiations
tap: how to reduce plastic production and in 2022 may add to the challenges facing
whether to consider the chemicals added to stakeholders in the coming year.
plastics. Countries’ positions will become
But 2023 could provide clarity and perhaps
more apparent in 2023. Then, the arduous
hope. We’ll be even clearer on where
work of bridging these positions begins.
the gaps lie and can focus on improving
These new negotiations will join the implementation. As the adage goes, “sunlight
continued talks that have yet to cross the is the best disinfectant.” By the end of the
finish line. For biodiversity on the high seas year, stakeholders should have access to
(or, of areas beyond national jurisdiction, or critical new information that can guide
BBNJ), there are real hopes for success. strategic planning and immediate action.
We’ll be on the lookout for strong signals
Negotiations for a post-2020 framework for that countries will use the information to
the sound management of chemicals and redouble their efforts on all fronts.
waste are at the “zero draft” stage. There

22 enb.iisd.org

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