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2Overview of MEAsThis section provides a basic outline of the natureand scope of MEAs. It includes: The meaning ofthe term, an overview of the different types ofMEAs in place, the legal nature of MEAs, theiradministrative structure and how MEAs evolve toadapt to new challenges and developments.2.1 The Meaning of the Term ‘MEA’A multilateral environmental agreement is alegally binding agreement between two ormore countries containing commitments to meetspecific environment-related objectives.Two elements of the definition are important tounderstand: Legally binding: MEAs are legal instruments.They bind the countries that have agreedto become a Party through ratification oraccession. Countries that have signed buthave not yet ratified an MEA are nonethelessexpected not to do anything that could affectthe aims and purposes of the agreement.MEAs are not declarations of intention but arerules of international law. As such, an MEA is apowerful tool for the implementation of policieswith environmental protection and sustainabledevelopment goals.Between two or more nation States: Thebetter-known environmental agreements aremultilateral in the sense that they involve manynations and generally deal with broad aspectsof environment (e.g. climate, biodiversity etc.).However, the term MEA can refer to any treatybetween two or more nations if, and when, itdeals with direct environmental objectives.2.2 Historical Development of MEAsMEAs, in some form, have been in place for abouta hundred years. However, most have developedin the last three decades, especially since the1972 International Stockholm Conference onHuman Environment. Some studies conservativelyestimate that approximately 700 MEAs arecurrently in place. Their proliferation is mainly dueto an appreciation of the gravity of environmental8problems facing our planet today (largelyas a result of human activity), plus a growingunderstanding that environmental issues are oftennot only local in nature, but also regional andglobal. Therefore, the solutions and tools to dealwith them should also be regional and global intheir scope.The first MEAs were quite different from ones signedand coming into force of recent years. They wereusually aimed at protecting a particular species,e.g. a species of fauna, such as the snow leopard.Earlier agreements also tended to deal with oneparticular media, for example, oceans. However,over time and as appreciation of the interlinkednature of ecological processes developed, suchsectoral approaches were gradually abandonedin the quest for more integrated considerationsand, as a consequence, more integratedmechanisms and solutions.That said, MEAs remained sectoral until the early1990s in the sense that they did not incorporatespecific sustainability approaches and only dealtwith environmental protection or conservation. Whilethe first generation of MEAs were use-oriented, themore recent ‘second generation’ took a more holisticapproach, focusing on sustainable developmentand sustainable use of natural resources. Thelater MEAs were born out of the United NationsConference on Environment and Development(UNCED) in 1992 (otherwise known as the ‘EarthSummit’ or ‘Rio Conference’) where governmentsacross the globe acknowledged the interactionbetween society and biophysical problems,and began to recognise intimate links betweendevelopment and the environment. Recent MEAsfully concede these aspects as crucial.The Earth Summit was held in Rio de Janeiro,Brazil in 1992 and was attended by governmentrepresentatives from approximately 180 States,including Afghanistan. Two new conventions wereopened for signature here – 1) The UN FrameworkConvention on Climate Change (UNFCCC),which is sectoral in that it deals with climate andthe atmosphere but also recognises the broaderimpacts of climate change on ecosystems, foodproduction and sustainable development; and2) The Convention on Biological Diversity (CBD),which seeks to bring together agriculture, forestry,fishery, land use and nature conservation in newMultilateral Environmental Agreements:

of CITES includes species not necessarilythreatened by extinction, but whose trademust be controlled in order to avoid utilisationincompatible with their survival. Appendix III ofCITES includes species protected in at leastone State, which has requested other CITESParties for assistance in controlling the trade.ways. A third convention was adopted after theConference: 3) The UN Convention to CombatDesertification (UNCCD), which aims to combatdesertification and mitigate the effects of drought.These three conventions are often referred to as‘the Rio Conventions’.2.3 Different Types of MEAsThere are five main categories of MEAs. However,it should be noted that an MEA can fall into morethan one category (for example, the Conventionon International Trade in Endangered Species ofWild Fauna and Flora (CITES) is both a multilateralMEA and an appendix-driven one).1) Global or Multilateral MEAsThis type of MEA have been signed by themajority of the world’s States. Examples includethe Convention on Biological Diversity (CBD)and the Desertification Convention (UNCCD).2.4 General Structure of MEAsMost MEAs include a series of structures thatfacilitate their implementation and also run theactivities that arise out of the agreement. Althoughthere might be more institutional arrangementsthan these listed, the following outline the basicorganisational compositions that are set up afteran MEA is adopted. 2) Bilateral MEAsAn agreement between two countriesconcerning an aspect of environmentalmanagement. An example is the Treatybetween Argentina and Chile on theEnvironment (1991).– Reporting on compliance;– Upholding information systems related to theConvention and the issues it deals with;3) Regional MEAsThese MEAs are restricted to a specificgeographical region. For example, theBamako Convention on the Ban of the Importinto Africa and the Control of TransboundaryMovement and Management of HazardousWaste within Africa (1991).4) Framework MEAsThis type of MEA require further agreements(protocols) to provide the necessary standards,procedures and other requirements toimplement the MEA effectively. An example isthe Climate Change Convention (UNFCCC).5) Appendix-driven MEAsThese agreements rely heavily on appendicesfor their operation. CITES and CMS are twoexamples. Appendix I of CITES includes speciesunder threat of extinction, so internationaltrade in these species is permitted only inexceptional circumstances. Appendix IIA Handbook for Afghan OfficialsSecretariat: Secretariats undertake theday-to-day activities of coordinating theimplementation and make arrangements forthe meetings of the Conference of the Parties(COP). Secretariats provide support for the MEAParties in tasks such as:– Employing or fostering financial mechanismsfor projects dealing with MEA implementation;and– Assisting and servicing the periodic meetingsof the COP or Meeting of the Parties (MOP)for protocols or regional agreements. Conference of the Parties (COP): Countriesthat ratify after adoption and signatureor accede to a particular internationalagreement, are called Parties. They meetperiodically through Conferences of Parties toassess different aspects and implementationof MEAs. The goals of these conferencesinclude: Appraising the implementation process ofan MEA at the national levels. This is done byevaluating all reports, submitted by differentnational governments, to the COP; Deliberating on all aspects of the MEAs;9

COURTESY OF IISD REPORTING SERVICES / EARTH NEGOTIATIONS BULLETINZahid Ullah Hamdard, Afghanistan (right), noted assistance from UNEP, Germany and others in the preparation of his country’s national phaseout plan. 18th Meeting of the Parties to the Montreal Protocol (MOP-18), 3 November 2006, New Delhi, IndiaDiversity and Climate Change was establishedto consider ways to promote synergies at thenational level between the UNFCCC and the CBDwhen implementing climate change activities,as well as their relation to the conservation andsustainable use of biodiversity. Resolving new or additional issues that needto be settled for the implementation of theMEA; Revising the treaty when, and if, necessary. 10Meeting of the Parties (MOP): A MOP is similarto a Conference of the Parties. The term ‘MOP’is used to describe meetings to the MontrealProtocol (substances that deplete the ozonelayer), in order to distinguish these meetingsto the framework conventions themselves(the Vienna Convention in the case of theOzone Treaties). A MOP will often be held inconjunction with a COP.Scientific body: Formal scientific bodiesauthoritatively accompany MEAs. They providea more comprehensive evaluation of how theenvironmental issue that the MEA deals with isbeing confronted, as well as exploring scientificand technical issues related to the agreement’sissues. Although nominated by Parties (i.e.countries that are a part of the treaty), a MEA’sscientific group acts independently by providingits own assessments as well as neutral advice.Ad hoc groups: These groups may be createdto address specific issues of concern thatrequire focused attention. For example, anad hoc Technical Expert Group on BiologicalThe following institutional terms are relevant to COPand MOP meetings: Plenary: The main meeting of the COP orMOP. At plenary meetings, each delegation isrepresented and all delegates sit in a singlelarge room. State representatives have anopportunity to address the Convention. Allvotes take place in the plenary meeting. Bureau: A Bureau may oversee the running ofa COP or MOP. Bureaus are usually made up ofmembers from each of the different regionalblocs. Informal Bodies: The President of the COP orthe Chair of a subsidiary body may establish‘informal consultations’ (or other groups) to helpfind consensus among the diverse interests ofMEA Parties.Further relevant terms are set out in Annex 1 whichcontains a glossary of MEA terms.Multilateral Environmental Agreements:

When this process is concluded the INC mayorganise an ad hoc conference, specificallydesigned for the purpose of negotiating anagreement. Intergovernmental organisationsoften provide Secretariats to oversee adhoc conferences. This was the case in thenegotiations of the 1998 Convention on PriorInformed Consent, where UNEP and FAO jointlyprovided a Secretariat.2.5 How an MEA Enters into ForceAll MEAs differ in scope and substance. Nevertheless,they tend to be formulated through a similarprocess that moves through five distinct stages,namely: pre-negotiation, negotiation, adoptionand signature, ratification and accession, andentry into force. Pre-negotiation phaseIn the pre-negotiation stage, nationalgovernments or intergovernmental organisations set out to address environmentalissues that have implications beyond nationalboundaries, or those issues of global concern.The first step involves deciding if there is a needfor action, and whether joint action is feasible.Informal or formal consultations at this stagecan take place at the national, regional orinternational level.Scientific analysis is usually a key componentof pre-negotiation analysis. Intergovernmentalorganisations may call for the creation ofa scientific body to investigate a particularissue. For instance, in 1988 UNEP and the WorldMeteorological Organisation (WMO) calledfor the creation of the IntergovernmentalPanel on Climate Change (IPCC) to provideindependent scientific analysis concerningthe rising threat of climate change. The IPCC’sfindings, set out in its First Assessment Reportin 1990, provided the scientific basis for thenegotiation of the UN Framework Conventionon Climate Change.The pre-negotiation phase also involves theassessment of existing legal regimes. Thisoften includes a review of national laws andregulations, as well as binding and nonbinding international agreements that addresssimilar environmental issues. Negotiation phaseThe negotiation process begins with theestablishment of a negotiating structure.Negotiating structures usually arise wheninternational bodies, such as UNEP, convenean Intergovernmental Negotiating Committee(INC). Before negotiations begin, preparatorycommittees (PrepComs) may be established toaddress issues of procedure and cost.A Handbook for Afghan OfficialsThe INC may also establish subsidiary bodies,such as a Bureau to help organise thenegotiating process or working groups tofocus on specific negotiating issues. If rules ofprocedure were not agreed upon during thepreparation process, the ad hoc conference’sfirst order of business may be to createprocedural rules to help guide the negotiationprocess itself. In the ad hoc conference,participants may engage in ‘formal’ and‘informal’ negotiations. Formal negotiationstake place primarily in the plenary body whereall Parties are present. Informal negotiations,in contrast, occur largely behind closed doorswith smaller groups of key players. Adoption and signatureUpon conclusion of the negotiation phase,attention shifts to the next phase – adoptionand signature. The formal adoption andsigning of an MEA may take place at eithera diplomatic conference or a conferenceof plenipotentiaries. An enabling decision isadopted by the convening body (e.g. theUN or a specialised agency like UNEP), whichdetails the purpose, dates, and venue ofthe adoption and signature conference. Asin the negotiation phase, the adoption andsignature conference is guided by establishedprocedural rules. However, in practice,Parties enter into an agreement to extendthe procedural rules that were applied to thenegotiating sessions. In theory, a conferencefor adoption and signature could be convenedjust hours after the completion of negotiations.However, in practice, these conferencestake place some time after the conclusion ofnegotiations. This allows time for both the INCsecretariat to prepare necessary documents,and for negotiators to report the results of thenegotiations to their respective governments.11

Ratification and accessionOften MEAs allow countries to sign agreements‘subject to ratification’. Governments are thengiven time to internally consider their formalposition on the agreement. The process ofratification ensures that country representativeshave not overstepped their authority innegotiating the MEA. By ratifying an agreement(by depositing an ‘instrument of ratification’)a country formally declares its consent to bebound by the MEA’s terms. Typically, there is aformal period of time for which an agreement isopen for ‘ratification’ by the governments signing.However, in certain instances the actual signingof an MEA may amount to ratification. For thisreason any country representatives attendingan adoption and signing conference shouldhave the full authority of their governments toadopt and sign the MEA being agreed.Accession is fairly similar to ratification. If a countryseeks to make a formal commitment to the MEAafter the allotted timeframe for ratification hasexpired, this is termed as ‘accession’. At thenational level, each country determines its owninternal ratification process for internationalagreements. Hence different countries mayuse different terminology for the process ofratification. The ‘depositary’ takes custodyof the original treaty text and collects anydocuments relating to it (signatures, ratifications,accessions, reservations, notifi-cations and othercommunications). The depositary then examineswhether the documents presented are in properform and if the conditions required for the entryinto force of an instrument have been met. 12Entry into forceDuring the pre-negotiation or negotiationphases, Parties will agree to specific rulesregarding entr y into force of the MEA.Most MEAs employ a system in whichentry into force depends on a requirednumber of ratifications, acceptances,approvals or accessions received. Thisensures the achievement of a critical massof participating States so that the Partiescommitting to the agreement are capableof realising its goals and objectives. Normally,MEAs require anywhere from 20 to 30 percentparticipation of potential Parties. Anothertrend with environmental agreementshas seen entry into force linked with themandatory participation of certain Parties.The 1997 Kyoto Protocol to the United NationsFramework Convention on Climate Changerepresents an example of this strategy. TheKyoto Protocol made two requirements forentry into force. These were: Ratification by at least 55 Parties to theUNFCCC; and Ratification by Annex I Parties (developedcountry Parties) accounting for at least 55percent of the total 1990 level of carbondioxide emissions from all developedcountry Parties listed in Annex I.Both requirements had to be met before theProtocol could enter into force. This level ofparticipation was designed to ensure thatmajor developed countries participated. It wasalso designed to ensure broad participationin recognition of the economic implicationsof ratification and compliance with Kyoto’semission reduction targets.Once an MEA ‘enters into force’ it takes legal effectand implementation begins. As implementationgoes forward there may be a need to adapt theMEA’s institutions, mechanisms and approaches tobe able to adapt to changes in science and knowledge, or to build upon the progress that has beenachieved through the negotiation of new decisions,amendments, annexes, appendices or protocols.Multilateral environmental agreements must conformto international public law (as must all internationalinstruments of this type). The compliance is guidedby the 1969 Vienna Convention on the Law ofTreaties. This treaty, which entered into force in1980, prescribes the components and generalguidelines for the development, negotiation andadoption of international treaties.2.6 MEA ClusteringAfter beginning to work with MEAs it becomesapparent that there is a vast degree offragmentation, and yet – at the same time – agreat deal of overlap among them. The overlaps,Multilateral Environmental Agreements:

CBD CONVENTION ON BIOLOGICAL DIVERSITYA plenary view of the closing section of sixth meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing under theConvention on Biological Diversity, 2008.fragmentation, and proliferation of MEAs haveresulted in the following obstacles: Increasing ‘double-work’ causing potentialconflict or confusion between different MEAs; Increasing requests for coordination amongand between different MEA structures; and Increasing funding required by developingcountries and non-State actors to

6 Multilateral Environmental Agreements: Author's Note This handbook draws from five existing United Nations Environment Programme (UNEP) publications, namely the Guide for Negotiators of Multilateral Environmental Agreements, Compliance Mechanisms Under Selected Multilateral Agreements, Glossary of Terms for Negotiators