44
(b) Researching environment and development interactions
8.9. Governments, in collaboration with the national and international scientific community and in
cooperation with international organizations, as appropriate, should intensify efforts to clarify the
interactions between and within social, economic and environmental considerations. Research should
be undertaken with the explicit objective of assisting policy decisions and providing recommendations
on improving management practices.
(c) Enhancing education and training
8.10. Countries, in cooperation, where appropriate, with national, regional or international
organizations, should ensure that essential human resources exist, or be developed, to undertake the
integration of environment and development at various stages of the decision-making and
implementation process. To do this, they should improve education and technical training, particularly
for women and girls, by including interdisciplinary approaches, as appropriate, in technical,
vocational, university and other curricula. They should also undertake systematic training of
government personnel, planners and managers on a regular basis, giving priority to the requisite
integrative approaches and planning and management techniques that are suited to country-specific
conditions.
(d) Promoting public awareness
8.11. Countries, in cooperation with national institutions and groups, the media and the international
community, should promote awareness in the public at large, as well as in specialized circles, of the
importance of considering environment and development in an integrated manner, and should establish
mechanisms for facilitating a direct exchange of information and views with the public. Priority should
be given to highlighting the responsibilities and potential contributions of different social groups.
(e) Strengthen national institutional capacity
8.12. Governments, in cooperation, where appropriate, with international organizations, should
strengthen national institutional capability and capacity to integrate social, economic, developmental
and environmental issues at all levels of development decision-making and implementation. Attention
should be given to moving away from narrow sectoral approaches, progressing towards full cross-
sectoral coordination and cooperation.
B. Providing an effective legal and regulatory framework
Basis for action
8.13. Laws and regulations suited to country-specific conditions are among the most important
instruments for transforming environment and development policies into action, not only through
"command and control" methods, but also as a normative framework for economic planning and
market instruments. Yet, although the volume of legal texts in this field is steadily increasing, much of
the law-making in many countries seems to be ad hoc and piecemeal, or has not been endowed with
the necessary institutional machinery and authority for enforcement and timely adjustment.
8.14. While there is continuous need for law improvement in all countries, many developing countries
have been affected by shortcomings of laws and regulations. To effectively integrate environment and
development in the policies and practices of each country, it is essential to develop and implement
integrated, enforceable and effective laws and regulations that are based upon sound social, ecological,
economic and scientific principles. It is equally critical to develop workable programmes to review
and enforce compliance with the laws, regulations and standards that are adopted. Technical support
may be needed for many countries to accomplish these goals. Technical cooperation requirements in
this field include legal information, advisory services and specialized training and institutional
44
capacity-building.
8.15. The enactment and enforcement of laws and regulations (at the regional, national, state/provincial
or local/municipal level) are also essential for the implementation of most international agreements in
the field of environment and development, as illustrated by the frequent treaty obligation to report on
legislative measures. The survey of existing agreements undertaken in the context of conference
preparations has indicated problems of compliance in this respect, and the need for improved national
implementation and, where appropriate, related technical assistance. In developing their national
priorities, countries should take account of their international obligations.
Objectives
8.16. The overall objective is to promote, in the light of country-specific conditions, the integration of
environment and development policies through appropriate legal and regulatory policies, instruments
and enforcement mechanisms at the national, state, provincial and local level. Recognizing that
countries will develop their own priorities in accordance with their needs and national and, where
appropriate, regional plans, policies and programmes, the following objectives are proposed:
a. To disseminate information on effective legal and regulatory innovations in the field
of environment and development, including appropriate instruments and compliance
incentives, with a view to encouraging their wider use and adoption at the national,
state, provincial and local level;
b. To support countries that request it in their national efforts to modernize and
strengthen the policy and legal framework of governance for sustainable
development, having due regard for local social values and infrastructures;
c. To encourage the development and implementation of national, state, provincial and
local programmes that assess and promote compliance and respond appropriately to
non-compliance.
Activities
(a) Making laws and regulations more effective
8.17. Governments, with the support, where appropriate, of competent international organizations,
should regularly assess the laws and regulations enacted and the related institutional/administrative
machinery established at the national/state and local/municipal level in the field of environment and
sustainable development, with a view to rendering them effective in practice. Programmes for this
purpose could include the promotion of public awareness, preparation and distribution of guidance
material, and specialized training, including workshops, seminars, education programmes and
conferences, for public officials who design, implement, monitor and enforce laws and regulations.
(b) Establishing judicial and administrative procedures
8.18. Governments and legislators, with the support, where appropriate, of competent international
organizations, should establish judicial and administrative procedures for legal redress and remedy of
actions affecting environment and development that may be unlawful or infringe on rights under the
law, and should provide access to individuals, groups and organizations with a recognized legal
interest.
(c) Providing legal reference and support services
8.19. Competent intergovernmental and non-governmental organizations could cooperate to provide
Governments and legislators, upon request, with an integrated programme of environment and
development law (sustainable development law) services, carefully adapted to the specific
requirements of the recipient legal and administrative systems. Such systems could usefully include
43
assistance in the preparation of comprehensive inventories and reviews of national legal systems. Past
experience has demonstrated the usefulness of combining specialized legal information services with
legal expert advice. Within the United Nations system, closer cooperation among all agencies
concerned would avoid duplication of databases and facilitate division of labour. These agencies could
examine the possibility and merit of performing reviews of selected national legal systems.
(d) Establishing a cooperative training network for sustainable development law
8.20. Competent international and academic institutions could, within agreed frameworks, cooperate to
provide, especially for trainees from developing countries, postgraduate programmes and in-service
training facilities in environment and development law. Such training should address both the effective
application and the progressive improvement of applicable laws, the related skills of negotiating,
drafting and mediation, and the training of trainers. Intergovernmental and non-governmental
organizations already active in this field could cooperate with related university programmes to
harmonize curriculum planning and to offer an optimal range of options to interested Governments
and potential sponsors.
(e) Developing effective national programmes for reviewing and enforcing compliance with national, state,
provincial and local laws on environment and development
8.21. Each country should develop integrated strategies to maximize compliance with its laws and
regulations relating to sustainable development, with assistance from international organizations and
other countries as appropriate. The strategies could include:
a. Enforceable, effective laws, regulations and standards that are based on sound
economic, social and environmental principles and appropriate risk assessment,
incorporating sanctions designed to punish violations, obtain redress and deter future
violations;
b. Mechanisms for promoting compliance;
c. Institutional capacity for collecting compliance data, regularly reviewing
compliance, detecting violations, establishing enforcement priorities, undertaking
effective enforcement, and conducting periodic evaluations of the effectiveness of
compliance and enforcement programmes;
d. Mechanisms for appropriate involvement of individuals and groups in the
development and enforcement of laws and regulations on environment and
development.
e. National monitoring of legal follow-up to international instruments
8.22. Contracting parties to international agreements, in consultation with the appropriate secretariats of
relevant international conventions as appropriate, should improve practices and procedures for
collecting information on legal and regulatory measures taken. Contracting parties to international
agreements could undertake sample surveys of domestic follow-up action subject to agreement by the
sovereign States concerned.
Means of implementation
(a) Financing and cost evaluation
8.23. The Conference secretariat has estimated the average total annual cost (1993-2000) of
implementing the activities of this programme to be about $6 million from the international
community on grant or concessional terms. These are indicative and order-of-magnitude estimates
only and have not been reviewed by Governments. Actual costs and financial terms, including any that
41
are non-concessional, will depend upon, inter alia, the specific strategies and programmes
Governments decide upon for implementation.
(b) Scientific and technological means
8.24. The programme relies essentially on a continuation of ongoing work for legal data collection,
translation and assessment. Closer cooperation between existing databases may be expected to lead to
better division of labour (e.g., in geographical coverage of national legislative gazettes and other
reference sources) and to improved standardization and compatibility of data, as appropriate.
(c) Human resource development
8.25. Participation in training is expected to benefit practitioners from developing countries and to
enhance training opportunities for women. Demand for this type of postgraduate and in-service
training is known to be high. The seminars, workshops and conferences on review and enforcement
that have been held to date have been very successful and well attended. The purpose of these efforts
is to develop resources (both human and institutional) to design and implement effective programmes
to continuously review and enforce national and local laws, regulations and standards on sustainable
development.
(d) Strengthening legal and institutional capacity
8.26. A major part of the programme should be oriented towards improving the legal-institutional
capacities of countries to cope with national problems of governance and effective law-making and
law-applying in the field of environment and sustainable development. Regional centres of excellence
could be designated and supported to build up specialized databases and training facilities for
linguistic/cultural groups of legal systems.
C. Making effective use of economic instruments and market and other incentives
Basis for action
8.27. Environmental law and regulation are important but cannot alone be expected to deal with the
problems of environment and development. Prices, markets and governmental fiscal and economic
policies also play a complementary role in shaping attitudes and behaviour towards the environment.
8.28. During the past several years, many Governments, primarily in industrialized countries but also in
Central and Eastern Europe and in developing countries, have been making increasing use of
economic approaches, including those that are market-oriented. Examples include the polluter-pays
principle and the more recent natural-resource-user-pays concept.
8.29. Within a supportive international and national economic context and given the necessary legal and
regulatory framework, economic and market-oriented approaches can in many cases enhance capacity
to deal with the issues of environment and development. This would be achieved by providing cost-
effective solutions, applying integrated pollution prevention control, promoting technological
innovation and influencing environmental behaviour, as well as providing financial resources to meet
sustainable development objectives.
8.30. What is needed is an appropriate effort to explore and make more effective and widespread use of
economic and market-oriented approaches within a broad framework of development policies, law and
regulation suited to country-specific conditions as part of a general transition to economic and
environmental policies that are supportive and mutually reinforcing.
Objectives
Documents you may be interested
Documents you may be interested