Generation Nachhaltigkeit

Humboldt-Universität zu Berlin | Generation Nachhaltigkeit | Konferenz 2010 | Programm | Abstracts | The Hague Environmental Law Facility - Lokale Durchsetzung internationalen Umweltrechts

The Hague Environmental Law Facility - Lokale Durchsetzung internationalen Umweltrechts

Freitag, 18.06.
9.30 - 10.50 Uhr
Sektion: Ökonomie
Block: Globale Strategien

Jonathan Solomon, Universität Konstanz


October 1st I was assigned by the Institute for Environmental Security to deliver a concept for the Institution and develop a pilot-project as follow up to a feasibility study, that had been carried out by my colleagues and the T.M.C. Asser Institute. The outcome of the feasibility study concluded that the new the Hague institution could work especially in the field of compliance with and enforcement of international environmental law, which includes inter alia the UN Convention on Climate Change, the Biodiversity Convention and the International Tropical Timber Agreement. A new application of satellite monitoring for legal compliance is a central part of the monitoring aspect. During my research on relevant stakeholders and latest development in the field of implementation, compliance and enforcement of international environmental law it became clear, that in spite of the legal developments on the international stage, the local and national implementation lacked far behind. This is due to various reasons including institutional structures with problems in coordination of approaches & actions and lack of capacity in human, financial and technological resources. But also missing ownership including a big communication gap between sectors horizontally (private sector/ different civil society involvement) as well as local representation in the preparation and the outcomes of negotiations. On the other hand you have the individual dimension, which from my point of view is even more crucial, where missing political will or ability is the constraint to comply and enforce obligations by multilateral environmental agreements. The main functions of the facility are to bridge the gap between international obligations and local action, especially from a legal access to justice perspective, and to increase the capacity (human, financial, technological) of the different sectoral stakeholders (companies, NGOs, IGOs). The first pilot-project now focuses on illegal hazardous waste shipments from the EU, which despite the Basel Convention on Hazardous Waste and the EU Wasteshipment Regulation is still one of the most pressing environmental issues in recipient countries of Asia and West Africa. Another project which was discussed and, if the pilot is successful, will be conducted is the ongoing burning of rainforest and peat land in Indonesia notwithstanding their obligations under the Kyoto protocol and the International Tropical Timber Agreement. The financial and institutional support for the Hague Environmental Law Facility comes from the proposal of the Institute for Global Justice. Its purpose is to conduct scientific research in a multistakeholder approach, including academia, the private sector and civil-society organisations, to the most urgent human rights and sustainability challenges. A successful cooperation between those institutions is indispensable as an interface between up to date science and effective operations based on these results.