Characteristics of International Environmental Law Since 1990

The international agreements negotiated since 1990 generally contain more detailed obligations than earlier ones (with the notable exception of the Law of the Sea Convention), often recognize the importance of conserving ecosystems in protecting the environment (rather than addressing only the dangers of specific pollutants), frequently assign countries different levels of responsibility based on their level of economic development (as in ozone and climate agreements), and establish a special implementation committee to focus on promoting national implementation and compliance with the obligations in the agreement, or to enforce the obligations if violations occur.

Some provide for a special fund to assist developing countries in complying with the agreement or limit trade in designated products with countries that have not joined the agreement, or both.

Most international agreements have secretariats that carry out the administrative work associated with the agreements. The countries party to the agreements usually meet annually or biennially, with special committees meeting more frequently. They often make decisions, issue guidelines, or initiate programs to keep up with changes in the scientific, economic, or political aspects of the environmental problem addressed by the agreement.

Sometimes the parties formally amend the agreement (for example, they may add new chemicals to those already covered by an agreement). Each country must consent to the amendment in order to be bound by it. Some of the agreements set up formal procedures for settling disputes, such as by fact-finding, mediation, arbitration, or judicial settlement, although these have been used infrequently.

Nongovernmental organizations (NGOs) have been important in the negotiation and implementation of environmental agreements and in securing compliance with them. Many NGOs are focused on environmental protections; a few represent the interests of indigenous peoples. Other organizations are associated with business, insurance, and other aspects of the private sector.

In 1992, countries met in Rio de Janeiro to celebrate the twentieth anniversary of the 1972 United Nations Stockholm Conference on the Human Environment and to confirm formally the concept of sustainable development. At this Conference, countries adopted the Rio Declaration on Environment and Development, framework agreements on climate and on biodiversity, nonbinding principles on forests, and Agenda 21, a nonbinding document that sets out a comprehensive program of action to promote sustainable development. In September 2002, they met in Johannesburg, South Africa, to review progress since the Rio conference.

International environmental law has become increasingly linked with other areas of international law, particularly human-rights law and trade law. National constitutions in some countries provide for a "right to environment," and some jurists and others have argued that a right to environment also exists in international human-rights law. There is no consensus yet on whether there is a separate right to environment in international law, nor is there consensus on what the right covers. Some argue that the right is included within other human rights.

The World Trade Organization (WTO) has established the Committee on Trade and Environment to look at issues such as whether multilateral environmental agreements that contain provisions limiting trade with countries not party to the agreements are consistent with the provisions of the General Agreement on Tariffs and Trade (GATT, 1994).

The committee also examines the extent to which a country's national environmental measures restricting imports or exports are consistent with GATT. Environmental advocates are concerned that panels settling trade disputes may limit measures that countries take pursuant to international environmental agreements or may constrain national initiatives to protect shared environments or resources. The law in this area is evolving.