Role of International Organizations in development of International

Environmental Law

6.4. ENVIRONMENTAL LAWS-I

(Project Final Draft)

Submitted by
NIHAR HARINKHEDE
UID No.: UG18-57
B.A.LL.B.(Hons.)
Year: III Semester: VI

Submitted to
Prof. Trishla Dubey
Assistant Professor of Law

April 2021
MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR
Table of Contents
Introduction................................................................................................................................2

Aim and objective......................................................................................................................2

Research Methodology...............................................................................................................3

International Organisations and Development of International Environmental Law................4

Role and functions of International Organisations.....................................................................5

The United Nations................................................................................................................6

Other Organisations...............................................................................................................9

Conclusion................................................................................................................................10

Bibliography.............................................................................................................................11

1
Introduction

The expansion of international law has unveiled several matters that are now part of
international environmental law. Such expansion of international law has increased norms
and need for monitoring compliance, and with-it number of international and reginal
organisations increased drastically. The emergence of such international organisations has
spread the international law among various states and non-state actors, leading to further
development of critical subjects such as environmental laws. Therefore, such organisations
are major players in development and enforcement of international environmental law.

There is not must historical reference of international organisations with regard to their
formalisation before 1900. However, internationalization of organizations beyond state
borders was aimed primarily at securing the political and legal security of the state and
following that it was to build cooperation between nations and citizens. 1 It is believed that,
development of international environmental law has been part of the expansion of
international law with regard to how international actors cooperate to achieve common ends. 2
Moreover, the objective are to achive common interest of mankind in environmental
protection. Researcher has divided international organisations in three parts namely, states
associated organisations, interstate organisations and non-governmental organisations.
International organisations formed by states are mostly formed for political purposes.
However, later are play a major role in international policy creation and implementation of
the same. Some institutions are scientific in orientation, others focus on capacity building or
have a more policy oriented role. The nature of international environmental problems means
that scientists are more prominent in international environment law than in other branches of
international law, moreover the private sector has a very high stake in environmental law,
therefore non governmental actors are usually very active in development of IEL.

Aim and objective

Researcher Aims to study functions of international organisations to deduce their role in

development of International Environmental Law.

Objectives:

 To study the development of International environmental law

1
Clive Archer,INTERNATIONAL ORGANIZATIONS (2nd Edition). Routledge, USA. 1992.
2
Daniel Bodansky, THE ART AND CRAFT OF INTERNATIONAL ENVIRONMENTAL LAW, 2010.

2
  To identify the actors involved
 To analyse the role of international organisations
 To understand various kinds of international organisations in environmental law.

Research Methodology

In order to approach the prescribed objectives of the study, a doctrinal model of research
design is proposed, an intensive literature review on the subject will be applied and the issues
under study would be examined in a systematic manner. This doctrinal work adopted for the
writing of research work is both analytical and descriptive. “The researcher had tried to
critically examine the primary sources like books, newspapers, and e-resources. Opinions of
research scholars, academicians, and other experts including the advocates who have dealt
with this subject will be used as a real contribution to research. E-resources have majorly
contributed in research for getting the most relevant and latest information on the web which
has helped the researcher to explore the subject through various dimensions. Various studies
and surveys were taken into consideration to analyse the data and form an opinion.”

3
International Organisations and Development of International Environmental Law

States have created several institutions though signing treaties and agreements to ensure
international cooperation in international environmental law. However, as most such treaty
established organisations contain mostly states as members, but some organisations ask for
representatives of non-governmental institutions to include non-state interests. Many diverse
international institutions have been performing assigned roles in international environmental
law which were related to environmental protection. Such International organisations were
created for specific environmental protection purposes, usually in order to facilitate and
monitor implementation of specific environmental treaties. The role of these organisations is
very essential for several important reasons. Firstly, they allow state institutions and policy
makers to cooperate with non-governmental institutions. “Such institutions also play an
important role in supervising the implementation of norms, in particular of treaty rules.
Further, they may facilitate the exchange of information based on national and international
studies and on research programs. Some environmental matters are not regional in nature and
can only be dealt on a global level for example, issues related to climate change. Such
environmental questions are best dealt by international institutions within the UN. Limited
geographical scope of regional organisations makes international organisations essential for
various global and transboundary issues.

International Organisations in Environmental Law Role of International Organisations in

development of International Environmental law has grown in an indirect manner. In earlier
times, environmental treaties and various agreements did not usually establish bodies to
administer and implement provisions. After 1945, several International Environmental
organisations came into existence and flourished. Most such organisations have been
established at various levels and to deal with specific environmental issues. “The Stockholm
Conference and UNCED provided opportunities to establish more orderly and coherent
arrangements for international organisations in addressing environmental matters.” Further in
the Stockholm conference it was recognised that an increased global cooperation among
nations and extensive action of International organisations are required. Principle 25 of the
Stockholm conference states that “ensure that international organisations play a co-ordinated,
efficient and dynamic role for the protection and improvement of the environment”.
Following the conference the United Nations Environment Programme (UNEP) was

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established by General Assembly. After the Stockholm conference role and activities of
organisations proliferated all over the world, and several organisations were created.

However, there was very little effort to ensure the coordination and significant gaps existed
as several issues remained outside the scope of international organisations.3 These gaps with
regard to overlapping activities and lack of coordination, were recognised by the General
Assembly. The UNCED followed up by examining the role of United Nations System in
international environmental law, to promote development and cooperation within the UN
system. “With regard to specific institutions, UNCED proposed the establishment of a UN
Commission on Sustainable Development and the further development of UNEP and the
United Nations Development Programme (UNDP).”

Role and functions of International Organisations

International organisations perform a range of different functions and roles in the

development and management of international legal responses to environmental issues which
are of a judicial, legislative or administrative nature. The function of each organisation
depends upon the powers granted to it by its constituent instrument as subsequently
interpreted and applied by the practice of the organisation and the parties to it. Some of the
main functions of International Organisation include; first, working as an stage for
cooperation among states on matters of international environmental protection, which
contributes to an international consensus for global action. Such consensus was seen in the
negotiation of 1992 Climate Change Convention facilitated by work of several international
organisations. Activities of organisations including the UN General Assembly, World Health
Organisation (WHO) and the Intergovernmental Panel on Climate Change (IPCC) facilitated
extensive global actions. Thus, international organisations contribute to development of
International Environmental law by developing international agenda on environmental issues
and increasing participation of states and individuals. Secondly, International Organisations
has a formal role by facilitating information exchange and provide consultation between
parties such as states.4 Within this role organisations also act as conveyers of information at
times of emergency.

The third and most important function of International organisations is to contribute in

development of international law, such as soft law and other legal obligations. This function

3
Philippe Sands, PRINCIPLE OF INTERNATIONAL ENVIRONMENTAL LAW, 2nd ed., p. 74.
4
Ibid. p. 77.

5
is also informal in nature as international organisations facilitate and catalyse the legal
development outside the formal purview of the organisation. Although, it is possible that such
acts also take place formally where decision og organisation create legal obligations.
Moreover, international organisations contributes in development of policies and standards of
practice which may also reflect customary laws and may also establish new subsidiary
institutions through such policies. For example, as the UNEP and the Commission on
Sustainable Development was created by the UN. Further, after establishing obligations,
organisations also ensure implementation and compliance on such legal obligations. This role
in ensuring implementation may be in form of receiving of information from parties and
consideration of reports to review implementation of such parties bound by legal obligations
and standards.5 Moreover, financial and scientific institutions such as the World bank and
IPCC assist implementation by giving advice on scientific, financial or legal matters. For
example, the parties of the Montreal Protocol 1987 ensured implementation through an
implementation committee. These institutional arrangements are increasingly established by
international organisations.

The United Nations

The United Nations and all its subsidiary agencies and bodies play a major role in
International Environmental Law. In general, the functions of UN are maintenance of
international peace and security, “the adoption of measures to strengthen universal peace, and
the achievement of co-operation in solving international economic, social, cultural or
humanitarian problems.6” The UN Charter does not mention environmental protection in the
provisions as something the UN has competence to handle. However, the United Nations and
its organs, mainly the General Assembly, are been known to apply these functions mentioned
in the Charter very broadly including environmental protection. The United Nations has
emerged as the is the principal forum for development of global environmental law and has
also played a central role in the development of international environmental law, it is
believed that it is the only “appropriate forum for concerted political action on global
environmental problems”.7 All five principle organs of the UN played a role in development
of international environmental law to a differing degree.

UN General Assembly
5
Ibid.
6
Charter of the United Nations, Art. 1(1), (2) and (3).
7
G. Smith, ‘The United Nations and the Environment: Sometimes a Great Notion?’, 19 Texas International Law
Journal 335 (1984).

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The General Assembly is the policy-making organ and has the power to discuss any matter
that is in the UN Charter and has power to make recommendation to the Security council or
member states on any such matter. The GA also promotes cooperation among states on a
global level on political, economic and social matters which leads to overall development of
international law. The General Assembly does not enjoy a specific mandate on environmental
matters but it is “the principle policy making and appraisal organ” as identified by Agenda
21. The resolutions of General Assembly are not formal and binding, however the General
Assembly resolutions have created new bodies, endorsed rules and recommended actions.
Therefore, the General Assembly has contributed a lot in development of International
environmental law.

The GA was also involved in the conservation of natural resources. “The 1962 resolution on
permanent sovereignty over natural resources was a landmark instrument in the development
of international law, and has continued to influence debate and practice on the nature and
extent of limitations imposed on states for environmental reasons. 8”However, only after
1960’s the general assembly adopted a large number of resolutions towards the development
of legal obligations and institutions. In early times General Assembly contributed to subjects
such as protection of marine environment 9 and cooperation on shared resources.10 Moreover,
the GA established the UNEP in 1972 and convened the UN conference on Human
Environment in the same year. Additionally the General Assembly created several institutions
and bodies such as UNDP, UNCED and the commission on sustainable development.
General Assembly also passed several general resolutions which were broadly related to
environmental law, “such as declaring the historical responsibility of states for the
preservation of nature;11 noting the 1978 UNEP draft Code of Conduct; adopting the 1982
World Charter for Nature;12 and seeking to improve co-operation in the monitoring and
assessment of environmental threats.13”

The UN Environmental Programme

The UN General Assembly established the United Nations Environmental Programme in

1972 by the Resolution 2997 following the Stockholm conference. The UNEP has played a
critical role in development of International environment law. The UNEP is one of the three
8
UNGA Res. 1803/62.
9
UNGA Res. 2467B (XXIII) (1968)
10
UNGA Res. 3129 (XXIX) (1974).
11
UNGA Res. 35/8 (1980).
12
UNGA Res. 37/7 (1982).
13
UNGA Res. 44/224 (1989).

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UN bodies that are exclusively dedicated to international environmental regime. The UNEP’s
instrument provides that it was made to facilitate international environmental coordination,
direction for international policy, to review reports on UN’s environmental programmes and
oversee implementation and to promote scientific knowledge and technical information
regarding environmental matters and to revie impact of international environmental laws on
developing countries.14

However, the UNEP has a limited status, rather than a specialised body under the UN it
works more like a programme. Several observers and researchers have recorded that UNEP
has limited financial resources and has not made any significant contribution in the
development and implementation of International Environmental Law. UNEP has promoted
several programmes such as the Regional Seas Programme, which now includes several
environmental trties and regional action plans. Thus, UNEP’s programmes has been
responsible for development of several treaties including the Vienna Convention 1985, the
Montreal protocol 1987 and the 2001 POP’s Convention. “UNEP provides secretariat
functions to these treaties and performs a supportive role in relation to several others.” It has
also sponsored “soft law” instruments such as draft principles on offshore mining and
drilling, marine pollution, management of hazardous waste and shared natural resources.15

Among the UNEP’s significant initiatives to further develop international environmental law,
it has been regularly convening expert groups leading to the programme (Montevideo
Programme) for development of Environmental Law. In the following decade the programme
formed the basis of several acts that developed the international environmental law.
Although, the UNEP was not strengthened enough and its role can be seen in the decision
providing UNEP co-management responsibilities of the Global Environmental Facility. 16
Moreover, a need to enhance the role of UNEP in coordination and policy was recognised in
Chapter 38 of Agenda 21 and as recognised by UNCED. The Agenda 21 sets out priority
areas for UNEP to strengthen its role in development of the regime, these include
development of policies for accounting of natural resources, monitoring environmental
activities, coordinating scientific research and further raising awareness and developing

14
C. A. Petsonk, “The Role of the United Nations Environment Programme in the Development of International
Environmental Law”, 5 American University Journal of International Law and Policy 351 (1990).
15
1982 Guidelines Concerning the Environment Related to Offshore Mining and Drilling Within the Limits of
National Jurisdiction, UNEP GC Dec. 10/14/(VI) (1982); 1985 Montreal Guidelines for the Protection of the
Marine Environment Against Pollution from Land-Based Sources, adopted by UNEP GC Dec. 13/18(II) (1985);
1987 Cairo Guidelines for the Environmentally Sound Management of Hazardous Wastes, UNEP GC Dec.
14/30 (1987).
16
Supra, note 1.

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international law by coordinating various functions. The agenda 21 also states that UNEP is
required to oversee implementation and further developing impact assessment and providing
technical and institutional advice.17 “UNEP’s present priorities include: environmental
information, assessment and research, including environmental emergency response capacity
and strengthening of early warning and assessment functions; enhanced the co-ordination of
environmental conventions and development of policy instruments; fresh water; technology
transfer and industry; and support to African states.”

Other Organisations

The UN has several bodies affecting environmental law, however beyond the activities of the
United Nations and its specialised organs and agencies, several international organisations
have played a major role in development of International Environmental Law.

The International Law Commission was established by the UN GA in 1947, is one of such
organisations, it worked necessary cooperative development of international laws. The
commission considered several matters at an early stage of its establishment, such as law of
the sea. The commission also played a part in the convention of non-navigational uses of
international watercourses by providing recommendations to the UN general assembly. The
result was ILC draft rules as submitted in 1997. “In 2001, the Commission completed Draft
Articles on Prevention of Transboundary Harm from Hazardous Activities and in 2006 it
adopted Draft Articles on International Liability in Case of Loss from Transboundary Harm
Arising Out of Hazardous Activities.” The Food and Agriculture Organisation (FAO) was
established with an aim to promote sustainability and investment in agriculture. Agricultural
matters are directly linked to environmental matters as it involves soil conservation, water
management and agricultural research. the FAO’s contribution to international environmental
law can be understood by the facilitation of instruments which control soil qualify, use of
pesticides and management of resources. Such organisation play a major role in international
environmental law by representing issues related to developing countries. Moreover,
organisations such as the World Meteorological Organisation (WMO) has made a system to
monitor rapid and major changes in the meteorological information though coordinated
international research. This data is then used as a basis of international laws and measures
relating to protection of environment. The data also uses standardised observations and which
permits the monitoring of pollution and its effects on environment. “WMO actively
participated in the creation of a world system of continuous monitoring of the environment
17
Agenda 21, paras. 38.21 and 38.22.

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(GEMS). The legal office of WMO has helped elaborate international instruments on
artificial weather modification, protection of the ozone layer, and long-range atmospheric
pollution.”

Like every other subject of international law, environmental law also requires an integrated
and cooperative international financial system. This system is the backbone of
implementation and research in environmental issues, mostly in the developing nations. Some
of the most important international financial institutions are World Bank Group and the
Global Environmental Facility mechanisms. Interestingly, none of the legal instruments of
such financial organisations mention environmental protection, but as it has been in leading
international policies, nearly all international financial institutions support sustainable
development with respect to environmental protection. Since the establishment of these
financial organisations they have included specific procedures to select environmental
friendly projects.

NGO’s are not official subjects nor official objects of international law, however Such non-
governmental organisations are formed by the individuals or private groups which share a
common objective. They are particularly active in international environmental law-making
and several such organisations are created to make an impact on international environmental
or to raise awareness about environmental protection. For example, sierra club, the Centre for
International Environmental Law, the European Environment Bureau, and Greenpeace. Many
such organisations are involved in transnational environmental issues and law making.
“Global civil society, a phrase used to describe private nongovernmental actors, constituted a
key sector at the Rio Conference. The influence and composition of global civil society is
inextricably linked to the World Wide Web and other forms of facilitative communications
technology. They may also serve as coordinators for example, the 1979 Convention on the
Conservation of Migratory Species of Wild Animals resulted from negotiations by states
organized by the International Union for the Conservation of Nature. However, such non-
governmental organisations lack the formal capacity to make law. But such actors play an
active role in “developing” law.”18

Conclusion

The role of International Organisations in development of International Environmental Law

can be traditionally summarised by citing example of the UN organisations. The
18
M. Fitzmaurice et. al, Research Handbook on International Environmental Law, Edgar online, 2010.

10
formalisation of such inter-state organisations not only allowed successful agreements
between states, but it codified and implemented the environmental law on a global level.
However, such inter-state organisations only show the political and legal side of international
law. The social, scientific and financial side has played a major role in development of
international environmental law, as it made governments to act on environmental matters.
Moreover, NGO’s played behind the scenes of several treaties and conventions, to mobilize
experts and general population in keeping their views at the international stage. Concepts
such as community interest, sustainable development and human rights developed into laws
because of such non-governmental international organisations. While, Scientific and
Research organisations such as WMO, IPCC etc, supported revolutionary principles with
required proof that are now evolved into laws for prevention and protection from
environmental issues. Lastly, financial organisations have played a vital role in supporting
developed countries, so that they are able to implement necessary regulations. Research
concludes that the role and functions of International organisations in development of
environmental law cannot be quantified. It ranges from states based, inter-state, non-
governmental and scientific international organisations. However, their role in future
development of International environmental law cannot be disputed as such organisations
represent a shift in environmental law showing that states are not the central actors anymore.
NGOs and companies not only influence their own governments, they participate at
international meetings, establish their own institutions, and take action directly.

Bibliography

 Philippe Sands, Jacqueline Peel, PRINCIPLES OF INTERNATIONAL

ENVIRONMENTAL LAW, 4th ed. (2018).
 Daniel Bodansky, Jutta Brunnée, Ellen Hey, THE OXFORD HANDBOOK OF
INTERNATIONAL ENVIRONMENTAL LAW (2008)
 Daniel Bodansky, THE ART AND CRAFT OF INTERNATIONAL
ENVIRONMENTAL LAW, Harvard University press, (2010).

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