SESSION 3
IMPLEMENTATION OF MULTILATERAL
ENVIRONMENTAL AGREEMENTS (MEAs)
By Dayantha Mendis
BACKGROUND
 Implementation of MEAs is an international obligation ( pacta
sunt servanda) applicable to States at customary international
law. It is recognized by Article 27 of the 1969 VCLT.
 Implementation at national level is undertaken by States through
Legislative, Executive and Judicial Measures in order to achieve
the object or purpose of the MEAs.
 Lord Arnold McNair emphasized that the aforesaid three organs
of State are of equal importance for effective implementation.
1. IMPLEMENTATION OF MEAs
(a)
Legislative Measures (Parliament)
 Implementing legislation is enacted in Common Law and Civil
Law countries.
 In Common Law countries, MEAs will have to be given
legislative effect in order to constitute law.
 In Civil Law countries, MEAs may be enacted if the MEA is
self-executing.
 Legislative measures may be undertaken at Federal level,
Provincial level or Local level (by-laws) – Franklin Dam Case
(Australia).
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(b)
Executive Measures (Ministers and Officials)
 Undertake promotional measures to educate the general
public on principles and provisions of MEAs.
 Establish institutional structures at national level to ensure
compliance with international environmental standards.
 Ensure the environment is used in such a way not to harm
others.
 Imposition of taxes, fines and codes of conduct to limit
environmental harm.
 Treaty actions.
 Allocation of sufficient funds and Appropriation of Acts for the
protection and conservation of the environment.
(c)
Judicial Measures (Courts and Tribunals)
 Interpretation and application of MEAs and implementing
legislation is undertaken by Courts and Tribunals.
 In Civil Law countries, the interpretation and application is
liberalized in accordance with Articles 31 and 32 of the 1969
VCLT.
 In Common Law countries, rules of interpretation may differ
according to the way in which a MEA is transformed into
national legislation.
 The locus standi to institute legal action may be limited –
Spencer vs AG of Antigua and Barbuda, 1993.
Winston
Anderson
–
“Locus
standi
in
See also
Commonwealth
environmental Law – Caribbean Perspectives”, 1994 Caribbean
Law Review, page 379.
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2. INTERNATIONAL COMPLIANCE AND CONTROL
MEASURES
 International measures to ensure compliance with MEAs at
national level are established by way of (a) Reporting, (b)
Verification, and (c) Enforcement.
 States are under a duty to report to the Commission on
Sustainable Development in regard to implementation of MEAs.
Likewise, States report to other contracting States at review
conferences.
 Verification is undertaken by the IAEA Inspectors under the 1965
Vienna Convention on Nuclear Safety.
 International Court of Justice (ICJ) has jurisdiction to hear
environmental disputes between States – See Gabcikovo vs
Nagymaros Project, ICJ Reports (1997) – The ICJ directed the
parties
to
take
into
account
the
concept
development in the re-negotiation of this project.
of
sustainable
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INTERNATIONAL COURT OF JUSTICE HEARING
THE GABCIKOVO - NAGYMAROS PROJECT
(Hungary v Slovakia) (Judgment) ICJ Reports (1997)
3. CONCLUDING REMARKS
 Implementation
Process
is
important
to
achieve
the
objectives of MEAs.
 International compliance and control measures are weak in
regard to MEAs as compared with other treaty regimes.