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International Environmental Governance: Towards UNEPO

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Bharat H. Desai at Jawaharlal Nehru University
Bharat H. Desai
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Abstract

International Environmental Governance: Towards UNEPO (IEG Book) offers a significant contribution to practitioners and scholars involved in international debates regarding environmental governance. Clarifying the insufficiency of the 1972 UN General Assembly’s model of a small UN Environment Programme in helping nations stem the accumulating degradation of the environment across the globe, the work poses the remaining question: how should international environmental governance be accomplished? The volume is timely in its examination of the post-Rio+20 period, and furthermore addresses the vital issue of the evolution of UNEP into a ‘specialized agency’ designated the UN Environment Protection Organization (UNEPO), a ‘new mandate’ to revive the UN Trusteeship Council to supervise environment and the commons, as well as law-making and institution building processes as reflected in multilateral environmental agreements (MEAs) and other multilateral forms. IEG Book addresses the law-making challenge presented by growth in MEAs and proliferation of international environmental institutions, with a thorough consideration of the debate regarding the need for and efficacy of global governance in the field of environment. Dr. Desai’s timely analysis will assist diplomats, lawyers and scholars, citizens and civil servants alike in finding the new roads forward.
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International Environmental
Governance
Towards UNEPO
Bharat H. De sai, Jawaharlal Nehru University
• May 2014
• ISBN 978 90 04 21454 5
• Hardback (xvi, 408 pp.)
• List price EUR 153.- / US$ 199.-
• International Environmental Law, 10
• brill.com/iel
International Environmental Governance:
Towa rds UNEPO ofers a signicant
contribution to practitioners and scholars
involved in international debates regarding
environmental governance. Clarifying
the insuciency of the 1972 UN General
Assembly’s model of a small UN Environment
Programme in helping nations stem
the accumulating degradation of the
environment across the globe, the work
poses the remaining question: how should
international environmental governance be
accomplished? The volume is timely in its
examination of the post-Rio+20 period, and
furthermore addresses the vital issue of the
evolution of UNEP into a ‘specialized agency’
designated the UN Environment Protection
Organization (UNEPO), a ‘new mandate’
to revive the UN Trusteeship Council to
supervise environment and the commons,
as well as law-making and institution-
building processes as reected in multilateral
environmental agreements (MEAs) and other
multilateral forms.
International Environmental Governance:
Towa rds UNEPO addresses the law-making
challenge presented by growth in MEAs and
proliferation of international environmental
institutions, with a thorough consideration
of the debate regarding the need for and
e cacy of global governance in the  eld of
environment. Dr. Desai’s timely analysis
will assist diplomats, law yers and scholars,
citizens and civil servants alike in nding the
new roads forward.
Readership: Law Schools and Universities;
Secretariats of Multilateral Environmental
Agreements; United Nations System;
International Governmental and Non-
Governmental Organizations; Other
environmental/conser vation/developmental/
research institutions and think tanks;
Multilateral Development Banks; Regional
Organizations; Regional Trading Blocks;
Governments
Professor Dr. Bharat H. Desai is Jawaharlal
Nehru Chair in International Environmental
Law, Professor of International Law and
Chairperson of Centre for International Legal
Studies at School of International Studies of
Jawaharlal Nehru University in New Delhi. He
serves as an Associate Editor of the Yearbook
of International Environmental Law (Oxford),
Governing Board member of the IUCN
Academy of Environmental Law (Ottawa)
and Chairman, Centre for Advanced Study on
Courts & Tribunals (Amritsar).
Action Code:
50999
50% Discount
Valid till
01.05.2015
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m International Environmental
Governance
Towa rds UNEPO
Bharat H. Desai, Jawaharlal Nehru University
• May 2014
• ISBN 978 90 04 21454 5
• Hardback (xvi, 408 pp.)
• List price EUR 153.- / US$ 199.-
• International Environmental Law, 10
• brill.com/iel
TABLE OF CONTENTS
PART I: THE DEBATE
Chapter 1: Governing the Environment: An Introduction
Chapter 2: Designing the Institutions: From CSD to HLPF
Chapter 3: International Environmental Institutions: An Overview
PART II: EFFORTS AT REVITALI ZATION
Chapter 4: The Quest for a UN Specialized Agency for the Environment
Chapter 5: UNEP: A Global Environment Authority?
Chapter 6: Mapping the Future of International Environmental Governance
Chapter 7: Revitalizing International Environmental Institutions
PART III: SEC TORAL L AW MAKING
Chapter 8: Multilateral Environmental Agreements
PART IV: THE FUTURE
Chapter 9: Conclusions
PART V: APPENDICES
I. UN GA Resolution 67/290, 9 July 2013
II. UN GA Resolution 67/251, 13 March 2013
III. UNEP GC as First Universal Session, Decision 27/2, 22 Februar y 2013.
IV. UNEP GC Twelfth Special Session, Decision SS XII/3, 20-22 February 2012
V. Nairobi-Helsinki Outcome, 23 November 2010
VI. UN GA Mandated ‘Informal Consultation’ Co-Chair Report, 10 Februar y 2009
VII. UN Secretary-General’s High-Level Panel Report, 9 November 2006 (Excerpts)
VII I. The Cartagena Intergovernmental Group of Ministers Report, 6 February 2002
IX. The Intergovernmental Group of Ministers on IEG, First Meeting, 18 April 20 01
X. The Malmö Ministerial Declaration, 31 May 2000
XI. UN General Assembly Resolution 53/242, 10 August 1999
XII . The Secretary-General’s Report on Environment & Human Settlements, 6 Oct.1998
XIII. The Nairobi Declaration, 1997
INDEX
50% Discount Action Code:
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... Although significant progress has been made in this endeavor, but further efforts are needed to ensure better coordination in addressing environmental issues and problems related to the environment. The crucial decision could be the creation of the United Nations Environmental Organization (UNEO) or the United Nations Environment Protection Organization (UNEPO)) [Bharat, 2014] as the specialized UN agency. However, the international community chose another way: strengthening the activities and increasing the effectiveness of the existing bodies. ...
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Quest for International Environmental Institutions: Transition fromCSD toHLPF
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  • Sep 2015
The unprecedented degradation of the planet's vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised international environmental law, leading to deadlocks in environmental treaty negotiations and noncompliance with existing agreements. This volume examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues including food justice, energy justice, indigenous rights, trade, investment, extractive industries, human rights, land grabs, hazardous waste, and climate change. Born out of the recognition that global inequality and profligate consumerism present threats to a sustainable planet, this book makes a unique contribution to international environmental law by emphasizing the priorities and perspectives of the global South.
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The Use of ‘Macro’ Legal Analysis in the Understanding and Development of Global Environmental Governance
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  • Nov 2016
This article examines the manner in which ‘macro’ legal analysis can potentially assist in overcoming some of the issues that are faced in the understanding and development of global environmental governance (GEG). It argues that the analysis of law through separate and distinct disciplines – such as environmental law, trade law, corporate law, and human rights law – results in what this article refers to as ‘micro’ legal analysis. As such, it contends that this can have the effect of creating obstacles in the development of coherent and effective legal and policy choices related to the protection of the environment. It illustrates these arguments with examples of practical problems that have arisen from the separation of legal issues in practice and provides the theoretical underpinnings, based on the critique of international lawyers, for the application of ‘macro’ legal analysis. In other words, it argues for a form of analysis that would consider the entire range of relevant legal disciplines in a unitary process. It then provides a methodology for the development and application of ‘macro’ legal analysis in relation to environmental issues. Finally, it considers the potential that this approach could have within the field of GEG and comments on the implications that it could have for the way in which lawyers are trained in the future.
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Agriculture and the Environment in International Law: Towards a New Legal Paradigm?
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  • Jan 2015
Since some decades, the international regulation of environmental issues can be represented in unitary terms, as international environmental law. Conversely, a legal discipline that might be called “international agricultural law” does not exist. Although there are several international rules and even treaties involving agricultural matters, these are disparate and heterogeneous. This fact shows the asymmetrical positions of agriculture and the environment in international law. As a consequence, this chapter focuses less on the environment than it does on agriculture. Moving from international rules and instruments regarding agriculture, it tries to show the existing interaction with environmental law. Finally, it offers some suggestions on a possible agroecological evolution in international law.
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