United Nations

A/S-19/5/Add.1


General Assembly

 Distr. GENERAL
27 March 1997
ENGLISH
ORIGINAL: ARABIC/CHINESE/
                                                         ENGLISH/FRENCH/
                                                         RUSSIAN/SPANISH


            REVIEW AND APPRAISAL OF THE IMPLEMENTATION OF AGENDA 21

               Contribution of the United Nations Environment
                      Programme to the special session

                        Note by the Secretary-General

                                  Addendum


     The present document contains additional information from the
Governing Council of the United Nations Environment Programme in
relation to its contribution to the special session of the General
Assembly.  The document concerns the mid-term review by the Governing Council
of the Programme for the Development and Periodic Review of Environmental Law
for the 1990s.  Section I is the report of the Executive Director of UNEP on
the subject, which was submitted to the Governing Council at its
nineteenth session.  Section II, which is available in English, French
and Spanish only, is the mid-term review of the Programme, and section
III presents Governing Council decision 19/20 on the subject.


      Mid-term review of the Programme for the Development and Periodic
            Review of Environmental Law for the 1990s and further
               development of international environmental law
                      aiming at sustainable development

                   I.  Report of the Executive Director 1/


                             BACKGROUND


1.   The Programme for the Development and Periodic Review of
Environmental Law for the 1990s (Montevideo Programme II) was adopted
by the Governing Council by its decision 17/25 of 21 May 1993, as the
broad strategy for UNEP activities in the field of environmental law
for the 1990s.  In the process of its preparation, during 1991 and
1992, by meetings of senior government officials expert in
environmental law, the Montevideo Programme II was designed to
incorporate the relevant activities set out in Agenda 21 as well as
the relevant concepts and principles contained in the Rio Declaration. 
Overall, it was geared to enhance the effectiveness of UNEP in
environmental law, with a view to facilitating achievement of the
objectives of Agenda 21.  It consists of 18 programme areas and an
indicative list of additional subjects for possible consideration
during the present decade.  In the same decision, the Governing
Council requested the Executive Director to implement the Programme,
within available resources, inter alia, through preparing and
disseminating analytical reports, organizing intergovernmental
meetings and contributing to capacity-building in the field of
environmental law.  Furthermore, in that same decision, the Governing
Council decided to review the implementation of the Programme not
later than at its regular session in 1997.

              A.  Activities undertaken for the implementation
                  of the Montevideo Programme II

2.   Since the adoption of the Montevideo Programme II in May 1993,
UNEP has further strengthened its efforts to carry out activities for
the further development of environmental law as provided in relevant
programme areas, in line with relevant decisions of the Governing
Council and recommendations of the Commission on Sustainable
Development (CSD).  Priorities established by Agenda 21 also provided
useful guidance in implementing the Programme, for example, in the
negotiations for an international legally binding instrument for the
application of the prior informed consent (PIC) procedure for certain
hazardous chemicals in international trade and the adoption of the
Global Programme of Action for the Protection of the Marine
Environment from Land-based Activities.  Concurrently, UNEP has
initiated work on identifying the general direction for the future
development of international environmental law, aiming at sustainable
development.  In that context, further ways and means of increasing
compliance with international environmental agreements, as well as the
possible development of liability and compensation for environmental
damage arising from military activities, have been explored.

       B.  Progressive development in international environmental law

3.   Within the framework of the Montevideo Programme II, considerable
progress has been made in the development of international
environmental law. This includes the conclusion, in 1994, of the
Lusaka Agreement on Cooperative Enforcement Operations Directed at
Illegal Trade in Wild Fauna and Flora; the further development of
regional seas instruments; further progress in the field of chemicals,
including in the negotiations for an international legally binding
instrument for the application of the PIC procedure for certain
hazardous chemicals and pesticides in international trade (which
commenced in March 1996), conclusion of the Code of Ethics on the
International Trade in Chemicals (April 1994), and the preparatory
work for the future development of a global legally binding instrument
on persistent organic pollutants (POPs); and the adoption, in December
1995, of the UNEP International Technical Guidelines for Safety in
Biotechnology.

4.   Under the environmental conventions for which UNEP hosts the
respective secretariats and provides administrative services, progress
has been made in the preparation and adoption of amendments and
adjustments to the conventions and protocols and in the development of
new protocols, such as those under the Montreal Protocol on Substances
that Deplete the Ozone Layer, the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal and the
Convention on Biological Diversity.  With a view to promoting the
implementation of these conventions and exercising the more extensive
coordinating function provided for by Agenda 21, in paragraph
38.22(h), and by Governing Council decision 17/25, UNEP has instituted
a mechanism of regular meetings on the coordination of convention
secretariats.

                  C.  Assistance in legal capacity building

5.   At the national level, UNEP has continued to provide legal
advisory services in response to requests from many developing
countries for assistance in developing and strengthening environmental
legislation and institutions, although the available resources have
been insufficient to meet all requests for assistance.  Increased
emphasis has been placed on assisting countries with the drafting of
sectoral laws and/or the implementation of regulations, the
incorporation of environmental treaty obligations into national law
and development of the procedures and expertise needed to ensure
implementation of and compliance with environmental legislation.

6.   In order to enhance the capacity of developing countries and
countries with economies in transition to participate effectively in
the development and implementation of international environmental
agreements, UNEP has increased its technical assistance in legal
capacity-building in such countries.  The UNEP/United Nations
Development Programme (UNDP) joint project on environmental law and
institutions in Africa has continued to provide a useful model for
inter-agency cooperation and nationally driven programming.  To assist
countries further with the implementation of environmental law,
various measures have been held under that project, including funding
the participation of government-designated lawyers in the UNEP
training-by-attachment programme, holding a sub-regional workshop on
the methodology for developing environmental standards and convening a
seminar for judges and magistrates on judicial intervention in
environmental matters.  UNEP has been active in training activities in
other regions as well, such as central and southeast Asia.  In
addition, UNEP, in cooperation with the United Nations Institute for
Training and Development (UNITAR) and the United Nations Centre for
Human Settlements (UNCHS) (Habitat), plans to organize, in 1997, the
third global training programme on environmental law and policy for
government lawyers from various regions.  In view of the vital
importance of the widest possible participation of such countries in
the process of developing international environmental law, UNEP has
continued to provide financial assistance to their representatives to
enable them to participate in relevant intergovernmental negotiating
meetings and working groups.

            D.  Promoting wider appreciation of environmental law

7.   With a view to promoting wider appreciation of environmental law,
UNEP has continued to disseminate relevant information to Governments
and other parties active in environmental law, through, for example,
publications such as the Register of International Treaties and Other
Agreements in the Field of the Environment, as well as enquiry-
response services in respect of legal information.  The provision of
such services, however, has been rendered difficult by the reduction
in available resources.  UNEP and the World Conservation Union (IUCN)
have taken a number of collaborative steps to develop an integrated
database on environmental law information for the benefit, in
particular, of developing countries and countries with economies in
transition, including two inter-organization meetings in September
1995 and February 1996 to determine the feasibility of such database. 
Given the expression of donor interest in this joint database project,
the organizations concerned have intensified their efforts to
establish modalities of cooperative operations, with a view to initial
implementation of the system in 1997. 

8.   Further information on UNEP activities for the implementation of
the Montevideo Programme II may be found in an information document
entitled "Mid-term report on implementation of the Programme for the
Development and Periodic Review of Environmental Law for the 1990s"
(UNEP/GC.19/Inf.13).   

           E.  Further development of international environmental
               law aiming at sustainable development

9.   In its decision 18/9 of 26 May 1995, the Governing Council
requested the Executive Director to develop, in preparing the periodic
review of environmental law in accordance with Council decision 17/25,
a position paper for international environmental law aiming at
sustainable development, containing, inter alia,
compliance/implementation mechanisms, dispute avoidance/settlement
procedures and new concepts and principles, with reference to existing
international legal instruments as well as guidelines developed by
institutions both within and outside the United Nations system.  In
that decision, the Governing Council also requested the Executive
Director, within available resources, to prepare a study on the need
for and feasibility of new international environmental instruments
aiming at sustainable development, addressing, on a priority basis,
the principal environmental challenges, including as they relate to
the broader issues of sustainable development as set forth in Agenda
21, and, in fulfilling this task, to draw upon relevant work and
activities of other United Nations agencies and international
organizations.  In this regard, in the report of its second session
(16-27 May 1994), CSD requested UNEP to study further the concept,
requirements and implications of sustainable development and
international law.   

10.  In accordance with decision 18/9 of the Governing Council, UNEP,
in cooperation with a non-governmental organization in the field of
environmental law and universities, organized a series of expert group
workshops and meetings on international environmental law aiming at
sustainable development.  Three such expert group workshops  1/ were
held in Washington, D.C., in November 1995, May 1996 and September-
October 1996.  To contribute to the work of the expert group, UNEP
also convened an international expert workshop on compliance with
international environmental agreements, in Washington, D.C., in May
1996.  The expert group workshops assisted in the development of a
position paper on international environmental law aiming at
sustainable development.  The position paper outlines the current
status of international environmental law and addresses the issues of
implementation of and compliance with international environmental
instruments, dispute avoidance and settlement, and concepts and
principles in international environmental law and presents a set of
suggestions for priorities for action (see document
UNEP/GC.19/Inf.12).  At the workshops, the experts also reviewed the
provisions of the Montevideo Programme II and, in the light of new
developments, provided observations regarding the continued
implementation of each of its programme areas.  The limited available
resources meant that the experts could only undertake a study on the
need for and feasibility of new international environmental
instruments aiming at sustainable development, bearing in mind the
Montevideo Programme II.  The study discusses criteria for determining
the need for and feasibility of new instruments, the principal
environmental challenges and types of instruments that may be
appropriate to deal with them and challenges that are being or have
recently been addressed in various international forums, with a set of
recommended actions (see document UNEP/GC.19/Inf.18).  Because of the
lack of available funds, the study remains at a preliminary stage of
preparation and requires further elaboration.  

            F.  Meeting of Senior Government Officials Expert in 
                Environmental Law for the Mid-term Review of the
                Programme for the Development and Periodic
                Review of Environmental Law for the 1990s

11.  Pursuant to Governing Council decision 17/25, UNEP convened the
Meeting of Senior Government Officials Expert in Environmental Law for
the Mid-Term Review of the Programme for the Development and Periodic
Review of Environmental Law for the 1990s in Nairobi, from 2 to 6
December 1996.  During the Meeting, the experts commended the work by
UNEP in the field of environmental law and expressed their support for
the Montevideo Programme II.  The experts also underlined that, in
view of the important role played by UNEP in the development of
environmental law, its work in that field should be reflected at the
forthcoming special session of the General Assembly to review and
appraise the implementation of Agenda 21.  Within UNEP, environmental
law should continue to be a programme priority.  Emphasis was placed
on the importance for UNEP to further the development of international
environmental law and to provide assistance to developing countries
and countries with economies in transition in enhancing national
environmental legislation.  The experts stressed that the
implementation of environmental treaties should be a priority
consideration.  

12.  On the basis of the review and discussions, the Meeting considered
how best the programme areas of the Montevideo Programme II should be
implemented during the remaining years of the present decade.  The
observations regarding the Montevideo Programme II and other documents
contained in the final report of the Expert Group Workshop on
International Law Aiming at Sustainable Development (UNEP/IEL/WS/3/2)
were taken into account as appropriate during the review.  Following
their detailed review of all programme areas of the Montevideo
Programme II, the experts considered and prepared observations and
recommendations on those programme areas.  The Meeting adopted the
observations and recommendations for consideration by the Governing
Council of UNEP at its nineteenth session, as contained in the annex
to the present report.  The Meeting also recommended that the
Executive Director transmit to the Governing Council at its nineteenth
session a number of elements to be considered for inclusion in the
operative paragraphs of a decision on environmental law, which are
incorporated in the suggested action by the Governing Council above. 
The report of the Meeting was circulated to Governments in the three
working languages of the Meeting, English, French and Spanish, in
document UNEP/Env.Law/3/3 and the body of the report, with the
observations and recommendations and has been made available to the
Governing Council in the annex to document UNEP/GC.19/Inf.14. 


                                Annex


        OBSERVATIONS AND RECOMMENDATIONS REGARDING THE PROGRAMME
                FOR THE DEVELOPMENT AND PERIODIC REVIEW OF
                     ENVIRONMENTAL LAW FOR THE 1990s


     With a view to its increased effectiveness in environmental law,
the United Nations Environment Programme should take into account the
following in further implementing the Programme for the Development
and Periodic Review of Environmental Law for the 1990s.

Area A.  Enhancing the capacity of States to participate effectively
in the development and implementation of environmental law

1.   Of overriding importance remains the problem of ensuring the
fullest and most effective possible participation of developing
countries and countries with economies in transition in the processes
of development of environmental law (conferences, meetings, etc.). 
Thus, the necessity to provide adequate funding, although it is not a
legal problem, cannot be overemphasized.

2.   Progress in this area would have been more comprehensive had the
above problem been solved.  

3.   Special emphasis should be laid on subparagraphs (a), (c), (d) and
(f).

4.   More attention should be focused on assisting countries in
incorporating commitments under environmental treaties into national
legislation and in building institutions.  Priority should be given to
those countries which have shown or can demonstrate the likelihood of
effective use of the assistance provided.  Such assistance should make
use of existing regional or subregional programmes/organizations.  

5.   Although UNEP's existing training programmes in environmental law
are much appreciated, there should be additional training activities
for lawyers and other appropriate personnel.  Securing additional
financial resources for that purpose should be encouraged.

Area B.  Implementation of international legal instruments in the
field of the environment

6.   The significant progress that has taken place in this area should
be noted.

7.   Of overriding importance remains the need for further improvements
in reporting and data-collection systems.  Helping developing
countries and countries with economies in transition to establish and
consolidate their national systems is essential.

8.   Of importance is the further development of compliance regimes and
procedures to help and encourage States to fulfil their obligations
under multilateral environmental agreements by simple, cooperative,
non-judicial and transparent means.  Such regimes and procedures
should be tailored to the specific requirements of the instruments
they serve, recognizing that their potential for improving observance
by States of their treaty obligations is considerable.  

9.   Area B should be implemented in conjunction with Area D.

10.  Special emphasis should be laid on subparagraphs (b) and (d).

Area C.  Adequacy of existing international instruments

11.   Treaty regimes should be encouraged to carry out a regular review
of the adequacy of the respective instruments, and where appropriate,
provide for such a review under such instruments.

12.  More attention should be paid, particularly at the negotiation
stage of an international instrument, to the question of the means by
which its effective implementation can be achieved.

13.  Special emphasis should be laid on subparagraph (c).

Area D.  Dispute avoidance and settlement

14.  Greater emphasis should be placed on the avoidance and prevention
of disputes.  Due consideration should be given to innovative
approaches and mechanisms for dispute avoidance.  Appropriate
mechanisms and procedures need to be elaborated, and a relevant study
would be appropriate.

15.  By improving compliance with international obligations,
implementation and compliance procedures can contribute considerably
to preventing international disputes.

16.  More attention should be paid to the development and application
of appropriate procedures at the national and regional levels and to
greater transparency and openness of proceedings at the national and
international levels.  

17.  Consideration should be given to the use of appropriate regional
arrangements for the prevention and peaceful settlement of disputes.

18.  The need for more confidence-building measures cannot be
overemphasized.

19.  The existence of provisions on liability can contribute to
preventing international disputes regarding environmental matters.

20.  There is a need for greater assistance to developing countries and
countries with economies in transition on all the matters covered by
the area.

21.  Special emphasis should be laid on subparagraphs (a) (i) and
(iii).

Area E.  Legal and administrative mechanisms for the prevention and
redress of pollution and other environmental damage

22.   Attention should be drawn to the desirability of promoting the
access of individuals and NGOs to administrative and judicial
procedures related to environmental matters.

23.  In view of the evident discrepancy in the level of development of
appropriate national legislation between developed and developing
countries, assistance aimed at narrowing the gap is needed.

24.  More attention should be given, as appropriate, to assisting
States in incorporating environmental rights and responsibilities into
their national legal regimes.

25.  Study is recommended regarding the potential use, in appropriate
cases, of criminal and administrative legislation and mechanisms as a
means of promoting prevention and of redressing pollution and other
environmental damage.

26.  Study is recommended regarding consumption and production patterns
as well as of legal and administrative mechanisms that might be
utilized in addressing problems relating to those patterns.  Such
study could take into consideration economic mechanisms.

27.  Attention should be drawn to the need for cooperation and
coordination particularly at the local level, including by
neighbouring communities on different sides of an international
boundary, in order to prevent pollution and deal with its
consequences.

28.  The area should be implemented in conjunction with subparagraph
(d) in Area B.  

29.  Special emphasis should be given to subparagraph (d).

Area F.  Environmental impact assessment

30.  The significant progress that has been made in recent years,
particularly with respect to the activities of UNEP and the imminent
entry into force of the 1991 Convention on Environmental Impact
Assessment in a Transboundary Context, elaborated within the framework
of the United Nations Economic Commission for Europe, should be noted.

31.  Elaboration, at the international level, of  appropriate measures
with regard to standards and requirements of EIA (environmental impact
assessment) that could be used as a model at the national level on
matters such as scope, methodologies, thresholds, and criteria is
recommended.  The need for capacity-building at the national level is
particularly important.

32.  The attention of multilateral cooperation agencies should be drawn
to the need to assess the environmental impacts of their assistance
programmes and projects within recipient countries.

33.  Special emphasis should be laid on subparagraphs (b), (c), (d),
(e) and (f).

Area G.  Environmental awareness, education, information and public
participation

34.  This is one of the more important areas in the whole of the
Programme.   Its relevance and application to activities at all levels
should be reemphasized.  Appropriate knowledge and information should
reach the population at large and specific sectors such as the
industrial community.   This would, in turn, result in enhanced public
participation in environmental matters.  

35.  The role of relevant international  agencies and institutions,
such as UNEP, the United Nations Development Programme (UNDP), the
United Nations Institute for Training and Research (UNITAR), the
United Nations Educational, Scientific and Cultural Organization
(UNESCO) and the World Conservation Union (IUCN) should be noted and
encouraged.  

36.  The importance of the Guidelines on Access to Environmental
Information and Public Participation, developed under the auspices of
the United Nations Economic Commission for Europe, should be noted.  
The continuing work of the United Nations Economic Commission for
Europe on a convention in the same areas should be noted.  

37.  A promising new development is the growth in opportunities for
access by individuals and non-governmental entities to judicial and
administrative procedures and to other mechanisms on environmental
matters.

38.  Public involvement in setting environmental priorities and
carrying out environmental obligations can be particularly important
in enabling international environmental agreements to be effectively
implemented.  

39.  Special emphasis should be laid on subparagraphs (a), (c) and (d).

Area H.  Concepts or principles significant for the future of
international environmental law

40.  The progressive development of international environmental law
should be promoted.

41.  Of interest are the environmental rights and obligations of
States.  Of interest also is the situation as it relates to
individuals.  Studies on the matter that have been, and are being,
addressed outside the Montevideo Programme and UNEP should be taken
into account.

42.  Special emphasis should be laid on subparagraph (d).

Area I.  Protection of the stratospheric ozone layer

43.  In promoting the widest possible acceptance and effective
implementation of the regime involving the Vienna Convention for the
Protection of the Ozone Layer and the Montreal Protocol on Substances
that Deplete the Ozone Layer, account should be taken of the London,
Copenhagen and Vienna amendments and adjustments.

44.  Encourage the provision of assistance, mobilizing the support of 
institutions, mechanisms, and organizations established by the regime,
including the Implementation Committee, to States that are parties to
those instruments in the form of transfer of environmentally sound
technology and technical know-how, capacity-building, drafting
legislation and administrative measures, and financial assistance
through the Multilateral Fund and other sources, as appropriate.

45.  Address the issue of illegal trafficking in ozone-depleting
substances  under the Montreal Protocol.

Area J.  Transboundary air pollution control

46.  Promote the acceptance and full implementation of existing treaty
regimes.  

47.  Promote through the United Nations regional commissions or other
regional organizations, the development of regional and national
action plans for combating transboundary air pollution.  The
conclusion of regional conventions should be encouraged following the
example of the 1979  Convention on Long-Range Transboundary Air
Pollution and existing bilateral conventions.

48.  Attention should be drawn to the need for national legislation to
prevent, control and reduce emissions causing transboundary air
pollution and their effects.

49.  Encourage cooperation between and among regional, national and
local authorities, as appropriate.

50.  Support the negotiation of a global agreement and, as appropriate,
regional agreements or arrangements to prevent or minimize emissions
of certain persistent organic pollutants, taking special note of the
work in this regard in negotiating a protocol to the 1979 Convention
on Long-range Transboundary Air Pollution.

Area K.  Conservation, management and sustainable development of soils
and forests

51.  Encourage wide acceptance and implementation of the United Nations
Convention to Combat Desertification in those Countries Experiencing
Serious Drought and/or Desertification, Particularly in Africa, as
well as the  Convention on Biological Diversity and the United Nations
Framework Convention on Climate Change.

52.  The coordinated implementation of the Non-Legally Binding
Authoritative Statement of Principles for a Global Consensus on the
Management, Conservation and Sustainable Development of All Types of
Forests and the various international conventions relevant to
conservation, management and sustainable development of soils and
forests should be encouraged with a view to a more integrated approach
to relevant problems.

53.  Promote the implementation of international rules by States
through the development of national legislation as appropriate and, as
necessary, facilitating assistance through, inter alia, capacity-
building, transfer of environmentally sound technology and technical
know-how, internalization of costs, cooperation, information and
education.

54.  Promote the integration of regional and national policies, in
particular by the preparation of action plans as well as education and
training plans for the implementation of such policies, with the aim
of promoting cooperation between and among local bodies and non-State
actors.

55.  Continue efforts to better define the notion of sustainable forest
management and to establish national institutions for forest
management.

56.  Encourage the conclusion of global and regional agreements on
forest management, conservation and sustainable development.

Area L.  Transport, handling and disposal of hazardous wastes

57.  Encourage wide acceptance and implementation of the Basel
Convention on the Control of Transboundary Movements of Hazardous
Wastes and Their Disposal.

58.  Encourage emerging regional initiatives and the implementation of
regional agreements concerning the transport, handling and disposal of
hazardous wastes consistent with relevant international agreements and
in accordance with Article 11 of the Basel Convention for countries
that are Parties to that Convention.

59.  Assist States in implementing international rules concerning the
control of transboundary movements, in particular in combating illegal
movements of hazardous waste, supporting regional efforts in this
field, and, if necessary, assist States in developing national
capacities.

Area M.  International trade in potentially harmful chemicals

60.  The development of guidelines for national legislation based on
the London Guidelines for the Exchange of Information on Chemicals in
International Trade should be encouraged pending the conclusion of
ongoing negotiations in this field.

61.  Continue, in coordination with the Food and Agriculture
Organization of the United Nations, to support negotiations for an
international legally binding instrument for the application of the
prior informed consent (PIC) procedure for certain hazardous chemicals
in international trade. 

62.  Note the importance of new institutional structures for sound
management of chemicals, including the Intergovernmental Forum on
Chemical Safety (IFCS).

63.  Note the importance of regional efforts to reduce risks from
certain chemicals and heavy metals, including efforts to eliminate the
use of lead in gasoline.

64.  The Guidelines on Access to Environmental Information and Public
Participation, developed under the auspices of the United Nations
Economic Commission for Europe, should be taken into account in
developing community right-to-know or other public information
dissemination programmes.

Area N.  Environmental protection and integrated management,
development and use of inland water resources

65.  Noting that intergovernmental negotiations are taking place with a
view to the early conclusion of a framework convention on the law of
the non-navigational uses of international watercourses, consideration
should be given to the further development of regional and subregional
agreements, as appropriate.  

66.  Note the existence of measures concerning wetlands, especially
under the 1971 Ramsar Convention on Wetlands of International
Importance Especially as Waterfowl Habitat, and support the
development of action plans for their implementation.

AREA O.  Marine pollution from land-based sources

67.  Support the Global Programme of Action for the Protection of the
Marine Environment from Land-based Activities and the Washington
Declaration on Protection of the Marine Environment from Land-based
Activities.

68.  Protocols should be developed in the framework of the Regional
Seas Programme where such protocols or similar agreements do not
exist, for the prevention, reduction and control of marine pollution
from land-based sources.

Area P.  Management of coastal areas

69.  Integrated coastal zone management, in the context of promoting
sustainable development, is an important objective which should be
achieved through appropriate national legislation, plans and
programmes.  

70.  Note the existence of measures and action plans concerning
regional seas and coastal wetlands, such as the 1971 Ramsar Convention
on Wetlands of International Importance Especially as Waterfowl
Habitat, and support the adoption of such plans, where none exists, in
order to ensure integrated management of coastal areas.
          
Area Q.  Protection of the marine environment and the law of the sea
     
71.  Taking note of the conclusion of the 1995 Agreement for the
Implementation of the Provisions of the United Nations Convention on
the Law of the Sea of 10 December 1982 relating to the Conservation
and Management of  Straddling Fish Stocks and Highly Migratory Fish
Stocks, and the 1993 Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing Vessels
on the High Seas and the FAO Code of Conduct on Responsible Fisheries,
which complement the United Nations Convention on the Law of the Sea,
encourage their wide acceptance, as appropriate.

72.  Encourage wide acceptance and implementation of the 1996 Protocol
to the Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter, 1972.

73.  Note that regional agreements, including those concluded under the
auspices of the Regional Seas Programmes, encourage new and integrated
approaches to the protection of the marine environment and the
prevention of its pollution by applying, in some cases, inter alia,
various concepts such as precaution and internalization of costs, and
further support the implementation of those Programmes.

Area R.  International cooperation in environmental emergencies
     
74.  The legal basis for international cooperation in environmental
emergencies has made progress in recent years.  There is still need
for developing further measures such as regional and subregional
action plans.

75.  The joint UNEP/Department of Humanitarian Affairs (DHA) unit for
environmental emergencies is welcomed.

76.  Special emphasis should be laid on subparagraphs (a), (b) and (d)
with particular emphasis on (b).

77.  Subparagraph (c) was duly fulfilled.

Area S.  Additional subjects for possible consideration during the
present decade

78.  Of the topics listed in Area S, it is important that subparagraphs
(a), (b), (c), (e) and (f) receive further attention.  Subparagraphs
(a) and (g) are wide-ranging in nature and are of permanent
importance.

79.  Subparagraph (d), in view of its sensitivity at the present time
and its complexity, requires special attention.  UNEP, as the
principal body within the United Nations system in the field of
environment, has a key role to play in the discussions on the legal
aspects of environment and trade.  UNEP needs to be more active within
the World Trade Organization Committee on Trade and Environment.


           II.  Mid-term report on implementation of the Programme
                 for the Development and Periodic Review of
                     Environmental Law for the 1990s 3/


     The Executive Director has the honour to present for information
of the Governing Council the mid-term report on implementation of the
Programme for the Development and Periodic Review of Environmental Law
for the 1990s prepared by the secretariat.  The report presents an
overview of the activities undertaken for implementation of the
Programme since its adoption in May 1993 up to September 1996.  The
report was originally prepared for the Meeting of Senior Government
Officials Expert in Environmental Law for the Mid-term Review of the
Programme for the Development and Periodic Review of Environmental Law
for the 1990s held in Nairobi from 2 to 6 December 1996, and was
circulated to Governments in the three working languages of the
Meeting, English, French and Spanish.  It is reproduced in the annex
to this document without further revision.  The purpose of the report
is also to assist the Council in reviewing the implementation of the
Programme in accordance with its decision 17/25, paragraph 8.


                                CONTENTS

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
PROGRAMME AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

     A.   Enhancing the capacity of States to participate effectively
          in the development and implementation of environmental law. . . . 

     B.   Implementation of international legal instruments in the
          field of the environment. . . . . . . . . . . . . . . . . . . . . 

     C.   Adequacy of existing international instruments. . . . . . . . . . 

     D.   Dispute avoidance and settlement. . . . . . . . . . . . . . . . . 

     E.   Legal and administrative mechanisms for the prevention and
          redress of pollution and other environmental damage . . . . . . . 

     F.   Environmental impact assessment . . . . . . . . . . . . . . . . . 

     G.   Environmental awareness, education, information and public
          participation . . . . . . . . . . . . . . . . . . . . . . . . . . 

     H.   Concepts or principles significant for the future of
          international environmental law . . . . . . . . . . . . . . . . . 

     I.   Protection of the stratospheric ozone layer . . . . . . . . . . . 

     J.   Transboundary air pollution control . . . . . . . . . . . . . . . 

     K.   Conservation, management and sustainable development of soils
          and forests . . . . . . . . . . . . . . . . . . . . . . . . . . . 

     L.   Transport, handling and disposal of hazardous wastes. . . . . . . 

     M.   International trade in potentially harmful chemicals. . . . . . . 

     N.   Environmental protection and integrated management,
          development and use of inland water resources . . . . . . . . . . 

     O.   Marine pollution from land-based sources. . . . . . . . . . . . . 

     P.   Management of coastal areas . . . . . . . . . . . . . . . . . . . 

     Q.   Protection of the marine environment and the law of the sea . . . 

     R.   International cooperation in environmental emergencies. . . . . . 

     S.   Additional subjects for possible consideration during the
          present decade. . . . . . . . . . . . . . . . . . . . . . . . . . 


                               INTRODUCTION


The Programme for the Development and Periodic Review of Environmental
Law for the 1990s (Montevideo Programme II) is the second long-term
United Nations Environment Programme (UNEP) plan of action in the
field of environmental law.  It follows the completion of the first
Programme for the Development and Periodic Review of Environmental Law
(Montevideo Programme), which provided the basis for UNEP activities
in environmental law in the previous decade.  The Montevideo Programme
II was developed by the Meeting of Senior Government Officials Expert
in Environmental Law for the Review of the Montevideo Programme, at
its sessions in Rio de Janeiro from 30 October to 2 November 1991 and
in Nairobi from 7 to 11 September 1992 in Nairobi.  The Governing
Council of UNEP, by its decision 17/25 of 21 May 1993, adopted the
Programme as the broad strategy for UNEP activities in the field of
environmental law for the present decade.  

The Montevideo Programme II was prepared around the time of the United
Nations Conference on Environment and Development (UNCED) and the
adoption of Agenda 21 in Rio de Janeiro in July 1992.  The mandate
emanating from the Programme is complemented by other relevant
decisions, in particular those of the Commission on Sustainable
Development (CSD) and subsequent sessions of the Governing Council of
UNEP.

Governing Council decision 17/25 called for a mid-term review of the
implementation of the Programme not later than at its regular session
in 1997.  This report has been prepared to provide an overview of the
activities undertaken to implement the Montevideo Programme II for
consideration by the Meeting of Senior Government Officials Expert in
Environmental Law for the Review of the Montevideo Programme II, to be
held from 2 to 6 December 1996, in Nairobi.

The major achievements under the Programme include:

     (a)  Lusaka Agreement on Cooperative Enforcement Operations
          Directed at Illegal Trade Wild Fauna and Flora (1994),
          amendments to the Montreal Protocol on Substances that
          Deplete the Ozone Layer (1992 Copenhagen Amendment) and the
          Basel Convention on the Control of Transboundary Movements of
          Hazardous Wastes and their Disposal (1995 Amendment) and a
          new regional sea protocol (the Protocol for the Protection of
          the Mediterranean Sea against Pollution resulting from
          Exploration and Exploitation of the Continental Shelf and the
          Seabed and its Subsoil, 1994);

     (b)  Planned protocol on biosafety under the Convention on
          Biological Diversity (CBD), as well as a protocol on
          liability and compensation under the Basel Convention;

     (c)  Global Programme of Action for the Protection of the Marine
          Environment from Land-based Activities (1995);

     (d)  New intergovernmental and interorganizational arrangements
          for the safe use and sound management of chemicals, the
          negotiation of a convention on prior informed consent
          (currently under way), a code of ethics, and, to be
          undertaken in the next phase, an instrument on persistent
          organic pollutants;

     (e)  Caspian Sea initiative, among five countries in the region;

     (f)  Coordination of convention secretariats (to date five
          meetings have been held);

     (g)  Legal guidance on liability and compensation for
          environmental damage;

     (h)  Workshops and papers on international environmental law
          aiming at sustainable development and a feasibility study
          (reports of which will be reviewed as part of the mid-term
          review of the Montevideo Programme II);

     (i)  Collection of information on the application of environmental
          norms by military establishments in implementation of UNEP
          Governing Council decisions 17/5 and 18/29;

     (j)  Legislative and other guidance on environmental impact
          assessment; 

     (k)  Expanded technical assistance activities to developing
          countries, including an enhanced partnership with other
          international organizations under the UNEP/United Nations
          Development Programme (UNDP) Joint Project on Environmental
          Law and Institutions in Africa and increased emphasis on
          national implementation of environmental conventions;

     (l)  Two courses of the global training programme (1993 and 1995),
          as well as regional and national training measures and
          training-by-attachment; 

     (m)  New partnership with the World Conservation Union (IUCN) to
          develop a more accessible environmental law information
          system; and

     (n)  Publication of the "Biannual Bulletin of Environmental Law"
          and the compendium "UNEP's New Way Forward:  Environmental
          Law and Sustainable Development".

The objective of this report is to explore the background for the mid-
term review of the Montevideo Programme II, including the extent to
which the Montevideo Programme II has been implemented, and, where
appropriate, priority areas and new issues which need to be addressed
in the next few years in the light of recent developments in the field
of the environment and sustainable development.

It is hoped that senior government officials will review this and
other relevant materials with a view to the formulation of concise
recommendations for the nineteenth session of the Governing Council of
UNEP on further measures to be taken during the balance of the
biennium and beyond.


                            PROGRAMME AREAS

             A.  ENHANCING THE CAPACITY OF STATES TO PARTICIPATE
                 EFFECTIVELY IN THE DEVELOPMENT AND IMPLEMENTATION
                 OF ENVIRONMENTAL LAW

Objective:

To achieve the full participation of all States in the development and
effective implementation of environmental law and policy.

Strategy:

Strengthen the capacity of States, in particular developing countries
and countries with economies in transition to take measures to protect
their environment, to achieve sustainable development and to
participate effectively in the initiation, negotiation and
implementation of international legal instruments in the field of the
environment.

Status of implementation:

1.   Assistance to developing countries and countries with economies in
     transition with national, regional and institutional capacity-
     building 

UNEP provides legal capacity-building assistance, upon request, to
developing countries and countries with economies in transition.  The
legal capacity-building programme consists in: 

     (a)  Strengthening existing environmental legislation and
          institutions in developing countries and countries with
          economies in transition; 

     (b)  Reviewing existing national legal and institutional regimes,
          and determining the requirements, policies, strategies and
          capabilities for strengthening such legal and institutional
          regimes; 

     (c)  Forging national consensus on legislative and institutional
          policies for the development of national legislative and
          institutional regimes for environmental management for
          sustainable development; 

     (d)  Formulating national legislation for general (cross-sectoral)
          environmental management, based on consensus reached on the
          nature and scope of required national legislative and
          institutional reforms;

     (e)  Reviewing existing sectoral legislation and assisting in the
          development of national policies and strategies for
          modernizing, strengthening and harmonizing such legislation
          and related institutions; 

     (f)  Catalysing the mobilization of external support for the
          countries assisted to enable them to obtain the resources
          necessary for the effective implementation of the new and
          integrated legal and institutional regimes; 

     (g)  Providing training, education and information in the field of
          environmental law;

     (h)  Assisting with the implementation of international
          environmental agreements through the review and development
          of national legislation; and 

     (i)  Organizing inter-agency meetings and preparing integrated and
          harmonized programmes of assistance in collaboration with
          relevant United Nations and other agencies which also carry
          out assistance programmes in environmental law and
          institutions.

This is often a phased programme of assistance for the development of
national environmental legislation and institutions in developing
countries and countries with economies in transition.  For many
countries, full implementation, from needs assessment to the
finalization of general and sectoral legislation and the setting up of
operational institutions, will take many years.
 
Assistance in 1993 was provided to many countries, including Benin,
for the review of and advice on institutional arrangements; Burundi,
the Central African Republic, Sierra Leone and Trinidad and Tobago for
the development of national environmental legislation; the Gambia to
organize and conduct a national seminar on environmental policy
framework; Kenya and Sao Tome and Principe to review environmental
legislation; Jordan and the Philippines to review draft text of
environmental legislation provided by the respective Governments; and
Malawi, the Sudan and Zambia for needs assessment.

In 1994, assistance was provided to over 20 countries worldwide,
including draft legislation for Burundi, Cambodia, Chad, Ghana,
Malawi, Nigeria, Sao Tome and Principe, Sri Lanka, the Sudan, Trinidad
and Tobago and Zambia; needs assessment missions to Kiribati, Lebanon,
Morocco, Mozambique, Oman, Uganda and the United Republic of Tanzania;
UNEP-sponsored workshops and conferences on various issues of
environmental law and institutions in Kazakstan, Kenya, Lesotho,
Mexico, and the United Republic of Tanzania; and inter-governmental
meetings, organized with UNEP assistance, among Kenya, Uganda and the
United Republic of Tanzania to discuss the environmental management of
the Lake Victoria basin.

Assistance in 1995 was provided to almost 30 developing countries and
countries with economies in transition.  Assistance in drafting
legislation was provided to Cambodia, Chad, Chile, Kiribati, Lesotho,
Malawi, Mozambique, Seychelles and Sri Lanka.  Reviews of legislation
and institutional arrangements were undertaken in Eritrea, Kazakstan,
Lebanon and Lesotho.  Needs assessment missions were undertaken to
Burkina Faso, Niger, Uganda and Yemen.  Support to national workshops
and seminars on environmental legislation was provided to Cameroon,
Cuba, Kenya, Malawi, Namibia, Sao Tome and Principe, South Africa and
the United Republic of Tanzania.  In addition, Argentina, Bangladesh,
Bolivia, Cameroon, Chile, the Congo, Morocco, Paraguay and Peru were
assisted in the review of the status of ratification and
implementation of multilateral environmental agreements.

In 1996, by date of publication, legal capacity-building activities
have been provided to over 15 countries.  Needs assessment missions
have been undertaken in Bhutan, Brunei Darussalam, the Cook Islands,
Maldives, Myanmar, Nepal, Tuvalu, and Western Samoa.  Support to
national workshops and seminars has been provided to Kiribati,
Lebanon, the Sudan and Zimbabwe.  Cameroon, Lebanon, Lesotho, Oman,
and Sri Lanka have been assisted with the review and development of
national environmental legislation.  UNEP currently has requests
pending from over 20 countries for initial work or further assistance.

Financial limitations have been the deciding factor in determining the
amount of work that can be carried out and the extent of assistance
UNEP can provide.  Funding from sources other than the UNEP
Environment Fund has made possible the provision of assistance to more
countries than would otherwise have been possible.  This includes
funding from the Government of the Netherlands to support the
UNEP/UNDP Joint Project on Environmental Law and Institutions in
Africa, the Meeting of Senior Government Officials Expert in
Environmental Law for the Review of the Montevideo Programme II, the
third course of the UNEP/United Nations Institute for Training and
Research (UNITAR)/United Nations Conference on Human Settlements
(UNCHS) (Habitat) Global Training Programme on Environmental Law and
Policy and capacity-building activities in developing countries and
countries with economies in transition.  The Swedish Government has
provided financial assistance for capacity-building activities in the
Asia-Pacific region, and the Norwegian development agency has funded a
capacity-building mission to Namibia.  UNEP has also received
assistance from other agencies, including UNDP, for missions to
Lesotho and Cameroon, and UNITAR, towards the costs of attending a
workshop on the sound management of chemicals and the implementation
of prior informed consent for countries of Western and Central Africa
in Ghana.

UNEP has developed cooperative arrangements with other agencies which
have assisted in the implementation of many activities.  These include
the World Bank, the Food and Agriculture Organization of the United
Nations (FAO), UNDP, UNITAR, the United Nations University (UNU), the
Economic and Social Commission for Asia and the Pacific (ESCAP), the
South Pacific Regional Environment Programme (SPREP), the Commonwealth
Secretariat and IUCN, with whom UNEP has signed a memorandum of
understanding in the area of environmental law.

2.   UNEP/UNDP Joint Project on Environmental Law and Institutions in
     Africa

In 1994, the UNEP/UNDP joint project on environmental law and
institutions in Africa supported by the Government of the Netherlands
through a trust fund in the amount of US$ 5 million, was established
at UNEP.  The project is designed to assist selected African countries
to formulate and enact national environmental legislation and to
establish and enhance related institutional structures, with a view to
improving environmental management for sustainable development.  The
project is administered by UNEP, but is executed jointly by UNEP and
UNDP in association with the World Bank, FAO, other United Nations
agencies and bodies engaged in assistance in the area of environmental
law and institutions in Africa and IUCN.  Assistance in the first
phase is provided to Burkina Faso, Malawi, Mozambique, Sao Tome and
Principe and South Africa.  A subregional project has also been
established for the three East African countries of Kenya, Uganda and
the United Republic of Tanzania to focus on the development and
harmonization of laws on selected issues of a transnational character. 

Over the course of the last two years, since the project got under
way, activities have commenced in most of the first phase countries. 
Thus, in Malawi, a 1995 Environment Management Bill was prepared with
the assistance of UNEP under its technical assistance programme and a
national consultative workshop on the bill was held in June 1995.  The
bill was approved by Parliament in June 1996 and has since become law. 
A legal officer from the Malawi Government participated in the UNEP
training-by-attachment programme during May 1996.  As part of the
training programme, he visited relevant agencies in Geneva, including
environmental convention secretariats.

A National Steering Committee has been constituted in Mozambique to
give policy guidance and to supervise the implementation of the
project in the country.  It is chaired by the Minister of Coordination
of Environmental Affairs.  In the meantime, a draft framework
environmental bill has been approved by the Cabinet and will be
discussed in Parliament soon.  Environmental impact assessment (EIA)
regulations have been drafted by the national task force with UNEP
assistance as part of the project.  A lawyer from the Mozambique
Ministry of Coordination of Environmental Affairs attended the UNEP
training-by-attachment programme in August 1995 and another  lawyer
will undergo similar training in September 1996.

In Sao Tome and Principe, a joint UNEP/IUCN mission was undertaken in
May 1995, and a draft environmental bill was discussed at a national
consultative workshop, in which UNEP and IUCN participated.  The draft
bill is undergoing further refinement and is expected to be completed
by September 1996.  At the same time, two national experts have been
working with an international consultant on the review of national
environmental laws.  Their report will be discussed at a national
workshop, where the priority sectors for drafting laws and
implementing regulations will be selected.  The workshop is scheduled
for late 1996.

In South Africa, a workshop, held on 2 and 3 February 1996 in
Pietermaritzburg, reviewed the South African draft constitution from
an environmental point of view and came up with recommendations on
environmental matters to the Constitutional Assembly.  National teams
are working on a national environmental policy to be completed in
about December 1996, which should be followed by consideration of
legislative matters.  The project participated in the Pietermartizburg
workshop and provided comments on the draft policy papers.

In the case of the Lake Victoria basin, a request came from three
Governments, Kenya, Uganda and the United Republic of Tanzania to
assist with the preparation of national framework environmental laws
and legal regimes for the management of the resources of Lake
Victoria.  The Kenya draft framework environmental bill was the
subject of a national consensus-building seminar in September 1995,
and will be presented to Parliament in the near future.  A mechanism
is currently being established to assist with the development of a
framework environmental law for the United Republic of Tanzania. 
Uganda adopted a Framework Environmental Statute in May 1995.  On 5
August 1994, the Agreement on the Preparation of a Tripartite
Environmental Management Programme for Lake Victoria was signed by the
three Governments.  The Agreement stipulates that the Parties agree to
initiate and implement a five-year programme to strengthen regional
coordination in the management of Lake Victoria resources, including
fisheries, water and other resources.  The Agreement also deals with
organizational arrangements, particularly the establishment of a
regional policy and steering committee to be assisted by two regional
task forces, one dealing with fisheries management and control of
water hyacinth and the other with management of water quality and land
use, including wetlands.  A national seminar was held in February
1996, at which the issues of environmental impact assessment,
environmental standards, wildlife, forestry, the transboundary
movement of hazardous wastes, and the environmental management of Lake
Victoria were selected as initial priority areas under the subregional
project.  National coordinating committees responsible for the
implementation of the subregional project have been established in
each of the three countries.  They are finalizing the selection of
national consultants and actual implementation is expected to start in
September 1996.

A seminar for judges and magistrates on environmental litigation is
being organized under the project and will be held from 28 October to
4 November 1996.  The seminar will be in French and English.  Another
seminar is also planned to assist East African countries with
establishing a common methodology for the development of environmental
standards.  Twenty participants from Kenya, Malawi, Mozambique, Uganda
and the United Republic of Tanzania are expected to attend.

3.   Lusaka Agreement on Cooperative Enforcement Operations Directed at
     Illegal Trade in Wild Fauna and Flora

The Lusaka Agreement on Cooperative Enforcement Operations Directed at
Illegal Trade in Wild Fauna and Flora is the first regional agreement
on enforcement measures to counter illegal trade in wildlife in
Africa, and the first multilateral agreement of its kind to be signed
by the new South African Government.  The objective of the Agreement
is "to reduce and ultimately eliminate illegal trade in wild fauna and
flora and to establish a permanent Task Force for this purpose".  The
Task Force is to be composed of seconded law enforcement officers from
each of the Parties.  It will have powers to facilitate cooperative
activities among the Parties in carrying out investigations of
instances of illegal trade and of violations of national laws, the
collection, processing and dissemination of information on illegal
trade activities, including establishing and maintaining a database,
and the provision to the Parties, upon request, of available
information on the return of confiscated wild flora and fauna to the
country of original export or country of re-export.

UNEP played a leading role in furthering the development of the Lusaka
Agreement.  UNEP staff attended the second meeting of the working
group in June 1993, convened to review the draft Lusaka Agreement. 
The revised draft was presented at a UNEP Conference between the
Rhinoceros Range States, Consumer States and Donors on Financing the
Conservation of the Rhinoceros, held in Nairobi in July 1993.  By a
resolution adopted by the Conference, UNEP was asked to undertake a
coordinating role in finalizing the draft text of the Lusaka
Agreement.  A Lusaka Agreement coordinating secretariat was
established at UNEP, and three expert group meetings were held in
1994, during which the final draft text was produced.  The final text
was formally adopted at the final round of negotiations hosted by the
Government of Zambia in cooperation with UNEP, in September 1994. 
UNEP was invited by the Meeting of Ministers for the Adoption and
Signature of the Agreed Text of the Lusaka Agreement to continue the
coordinating role by providing interim arrangements prior to and for
the first meeting of the Governing Council and to facilitate the early
ratification and entry into force of the Agreement.  In liaison with
the Organization of African Unity, UNEP was also requested to
encourage and assist African States to become Parties to the
Agreement.   

UNEP, in collaboration with the Government of the United Republic of
Tanzania, hosted a wildlife law enforcement seminar in DaresSalaam
from 24 to 28 July 1995.  The seminar brought together national law
enforcement officers from the signatory and acceding Governments to
the Lusaka Agreement in order, inter alia, to prepare the necessary
groundwork for the establishment of the Task Force during the first
meeting of the Governing Council.  Arising from the recommendations of
the seminar, a meeting was convened in Pretoria, South Africa, from 23
to 28 October 1995, to draft the terms of reference and operational
rules of the Task Force.  The meeting concluded with preliminary draft
rules, which have been forwarded to the signatory and acceding
Governments for their review and comments.

UNEP participated in a Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) regional training seminar from
4 to 8 March 1996 in Arusha, United Republic of Tanzania, and
submitted a paper on the Agreement for distribution at the conference
on "International Wildlife Law: Preserving Biodiversity in the 21st
Century", held in Washington, D.C., on 26 March 1996.  A presentation
on the Lusaka Agreement was also made at the third meeting of the East
African subregional project under the Joint Project on Environmental
Law and Institutions in Africa from 19 to 23 February 1996.  At this
meeting, government representatives were guided in the preparation of
terms of reference for the development and harmonization of wildlife
laws of the three East African countries, with the incorporation of
the provisions of major biological diversity-related international
agreements, including the Lusaka Agreement.

The Executive Director of UNEP has agreed to provide the interim
arrangements necessary for implementation of the Lusaka Agreement and
for the first session of its Governing Council.  UNEP is preparing a
compilation of offers to host the Task Force secretariat; drafting the
headquarters agreement; reviewing an initial budget to establish and
operate the Task Force and to determine the contribution of each Party
to the budget; and drafting financial rules and regulations as well as
draft terms and conditions of service of Task Force officers and
support staff.  Before the first Governing Council meeting, an Expert
Group Meeting will be convened to assist the Executive Director of
UNEP to finalize the documents for consideration and adoption by the
first Governing Council.  Furthermore, the Executive Director has been
in close contact with donor countries, seeking support for the
establishment of the Task Force.  Financial support has been received
from the Governments of the Netherlands and the United Kingdom, and
material and technical support is expected from the Friends of Animals
USA and the Government of Israel.

The Lusaka Agreement has been signed by seven countries: Ethiopia,
Kenya, South Africa, Swaziland, Uganda, United Republic of Tanzania
and Zambia, and is open for accession by any African State.  Three
Governments, namely, Lesotho, Uganda and Zambia have ratified or
acceded to the Lusaka Agreement.  The Lusaka Agreement will enter into
force on the sixtieth day after deposit of the fourth instrument of
ratification or accession.  The first Governing Council is to be
convened by the Executive Director of UNEP three months after its
entry into force.

4.   Latin America and the Caribbean

In the Latin America and the Caribbean region, UNEP is initiating
technical assistance to Chile, Paraguay, Peru and Uruguay for the
preparation of a legislative framework for the implementation of the
Convention on Biological Diversity.  In addition, the assistance has
been provided to Bolivia in the preparation of a law for the
implementation of the Convention.  In 1995, UNEP assisted in
organizing a workshop on legislation for the implementation of the
national environment and development programme of Cuba.  Under a
project of the Inter-American Development Bank, UNEP, working together
with the Central American Commission on Environment and Development
(CCAD), will assist in strengthening the environmental legal system in
Central America.  UNEP will continue to provide advisory services to
the Central American Inter-parliamentary Commission on Environment and
Development, with regard to its functions as the coordinating body of
the Central American environmental legislation commissions, as well as
assisting the Latin American Parliament (PARLATINO) Environment
Commission at its meetings and in the preparation of draft laws on
matters of interest to the Commission. 
 
5.   Financial Assistance

UNEP also provides financial assistance to participants from
developing countries and countries with economies in transition to
participate in intergovernmental negotiating committees, such as for
the development of a legally binding instrument on prior informed
consent (PIC), or the various meetings to develop the Global Programme
of Action for the Protection of the Marine Environment from Land-based
Activities.  For example, 75 participants were provided with financial
support to attend the Intergovernmental Conference to Adopt a Global
Programme of Action for the Protection of the Marine Environment from
Land-based Activities, held in Washington, D.C., from 23 October to 3
November 1995.

6.   Training and Education

UNEP has also provided training and education to over 200 individuals
through its training-by-attachment programme, internships, and global,
regional and national training courses.  The training courses cover
issues in both national and international environmental law.   UNEP
also produces various publications on environmental law.  Further
details of these may be found below, under Programme Area G:
Environmental awareness, education, information and public
participation.


            B.  IMPLEMENTATION OF INTERNATIONAL LEGAL INSTRUMENTS
                       IN THE FIELD OF THE ENVIRONMENT

Objective:

To promote the effective implementation of international legal
instruments in the field of the environment, in order to achieve their
objectives.

Strategy:

Focus on the effective implementation of instruments by, inter alia,
assisting the States concerned in considering the establishment of
systems of reporting and verification, taking into account the special
situation and needs of developing countries.

Status of implementation:

UNEP administers secretariats for six global environmental agreements:
CITES; the Convention on the Conservation of Migratory Species of Wild
Animals (CMS); the Basel Convention on the Transboundary Movement of
Hazardous Wastes and their Disposal; the Vienna Convention for the
Protection of the Ozone Layer and the Montreal Protocol on Substances
that Deplete the Ozone Layer; and the Convention on Biological
Diversity (CBD).  UNEP is also secretariat for some of the Regional
Seas conventions and for the Global Programme of Action for the
Protection of the Marine Environment from Land-based Activities. 
Finally, UNEP serves as interim secretariat for the Lusaka Agreement. 
UNEP provides administrative, financial and programme support to these
convention secretariats to assist with the implementation of the
conventions.

1.   Enhancing implementation through the coordination of convention
     secretariats

In 1994, UNEP began to convene regular meetings of the UNEP-
administered convention secretariats listed above.  Other secretariats
often attend and are represented by observers, including: the
Secretariat of the United Nations Framework Convention on Climate
Change; the Secretariat of the United Nations Convention to Combat
Desertification in those Countries Experiencing Serious Drought and/or
Desertification, particularly in Africa, the Secretariat of the
Convention concerning the Protection of the World Cultural and Natural
Heritage; and the Bureau of the Convention on Wetlands of
International Importance Especially as Waterfowl Habitat (Ramsar
Convention).

In March 1994 in Geneva, Switzerland, UNEP convened the first meeting
on coordination of secretariats of environmental conventions.  At the
meeting a number of issues of common interest to the secretariats were
discussed, as well as areas where joint activities could be
considered, such as concepts and mechanisms for implementation of the
conventions, and trade-related provisions of environmental
conventions.  Also discussed were modalities for coordination among
convention secretariats aimed at the effective implementation of the
respective conventions.  

The second meeting on coordination of secretariats of environmental
conventions was convened by the Executive Director of UNEP in Nairobi
from 14 to 16 May 1995.  The meeting reaffirmed the importance of
cooperation between and among all convention secretariats and
international organizations focusing on environmental matters and
noted that UNEP would facilitate such cooperation by, inter alia,
coordinating UNEP programmes with those of all convention
secretariats.  UNEP prepared and presented papers on the substantive
and programmatic relationships between UNEP and the conventions,
activities to strengthen the coordination among convention
secretariats and UNEP in the area of information exchange, host
Government agreements, and the institutional host relationship, and
preliminary discussion papers on trade- related mechanisms and on
implementation and compliance mechanisms within UNEP-administered
conventions.

A third meeting on coordination of secretariats of environmental
conventions was held in Geneva from 3 to 5 July 1995 to focus on the
development of UNEP work plans in support of the conventions and the
activities of the convention secretariats.  Discussions centered on 
the substantive and programmatic relationships between UNEP and the
convention secretariats, including regular secretariat consultations,
assessment and information exchange, environmental law and policy, and
public information and awareness and regional initiatives.  Also
discussed was the institutional host relationship, in particular, the
delegation of authority to convention secretariats and the related
rules, as well as convention funding and personnel arrangements.

On 10 and 11 January 1996, a fourth meeting on coordination of
secretariats of environmental conventions was held in Geneva.  Papers
were presented and discussed, covering a variety of issues of
interest, including: the relationship between the Executive Director
of UNEP and the conventions regarding the administration of their
secretariats; the negotiation of host government agreements;
strengthening compliance with, and implementation of, environmental
conventions; and trade measures in environmental agreements.  Also
discussed at the meeting were such issues as the UNEP programme of
work for 1996-1997, the results of the Intergovernmental Conference to
Adopt a Global Programme of Action for the Protection of the Marine
Environment from Land-based Activities and follow-up activities of
UNEP in implementing the Global Programme of Action adopted at that
conference.

A fifth meeting on coordination of secretariats of environmental
conventions was held in Geneva on 4 to 5 June 1996.  On the first day
of the meeting various issues regarding UNEP administration of the
conventions were discussed.  On the second day, attended by
representatives of other conventions, such as the Framework Convention
on Climate Change and the Convention to Combat Desertification,
discussions centered on the UNEP programme of work for 1996-1997, the
results of the fourth meeting of CSD (18 April-3 May 1996), a status
report on implementation of the Global Programme of Action for the
Protection of the Marine Environment from Land-based Activities, an
update of the Empirical Study of Trade Measures in Multilateral
Environmental Agreements, progress in the negotiation of an instrument
on prior informed consent (PIC) and discussions on measures to reduce
persistent organic pollutants (POPs), a proposal for legal capacity
building to be undertaken jointly by UNEP and the convention
secretariats, and the convening of an open-ended intergovernmental
workshop on cooperation between CBD and other international
conventions on related issues.

On 13 and 14 May 1996, UNEP held an inter-secretariat consultation on
implementation of the Global Programme of Action for the Protection of
the Marine Environment from Land-based Activities attended by
representatives of eight regional seas programmes.  Further details
may be found below, under Programme Area O: Marine pollution from
land-based activities.

2.   International expert workshops on the implementation of and
     compliance with environmental conventions

UNEP, in cooperation with the Georgetown University Law Center, in
Washington, D.C., held an international expert workshop on the
implementation of and compliance with environmental conventions on 20
and 21 May 1996, to contribute to and promote the effective
implementation of and compliance with international environmental
conventions.  The meeting discussed means of improving implementation,
inter alia, through effective reporting and verification mechanisms
and the need to develop other appropriate procedures and mechanisms to
promote implementation and compliance.  The report from the
implementation and compliance workshop will also provide an input to
the UNEP position paper for international environmental law aiming at
sustainable development, being prepared pursuant to Governing Council
decision 18/9.  Further details on the position paper may be found
below, under Programme Area H:  Concepts or principles significant for
the future of environmental law.

3.   Study on implementation of and compliance with UNEP-administered
     conventions in selected African countries

In 1995, a study was sponsored by UNEP, in close cooperation with the
convention secretariats, to make a comparative analysis of the
national implementation of UNEP-administered conventions in selected
African countries, namely: Egypt, Kenya, Senegal, Seychelles and South
Africa.  The study identified constraints and impediments affecting
the effective participation of African countries in the implementation
of the conventions.  The need for adequate public information and
human resource development was highlighted as an important requirement
for adequate implementation.  

4.   International conference on strengthening the application of
     international environmental law

UNEP presented a paper entitled "UNEP and the progressive development
of international environmental law" at the international conference on
strengthening the application of international environmental law held
in Paris, on 18 and 19 March 1996.  The conference was cosponsored by
UNEP, the United Nations Educational, Social and Cultural Organization
(UNESCO), the French Ministries of the Environment and Foreign Affairs
and "Environnement Sans Frontie`res".  UNEP also provided consultative
assistance in the elaboration of the resulting document, containing
recommendations by non-governmental organizations.

5.   Assistance to countries

As noted above, UNEP has been providing assistance to developing
countries and countries with economies in transition in the
implementation of and compliance with international environmental
agreements.  Assistance has been provided to Argentina, Bolivia,
Bangladesh, Cameroon, Chile, Congo, Morocco, Paraguay and Peru.  UNEP
cooperated with the Basel Convention Secretariat to provide assistance
to Bangladesh in the preparation of hazardous waste legislation, and
the Convention Secretariat has expressed an interest in furthering
this cooperative effort to provide assistance to African countries. 
At the fifth meeting on coordination of environmental convention
secretariats, a proposal was presented on legal capacity-building
activities to be undertaken jointly by UNEP and the convention
secretariats.

A workshop was held in Nairobi, Kenya, from 6 to 8 March 1995 by UNEP
under the auspices of the African Ministerial Conference on the
Environment (AMCEN) on Africa's participation in multilateral
environmental agreements.  The objective was to review Africa's
participation in those agreements and to underline to government
representatives the benefits and obligations arising from
participation.

6.   Basel Convention on the Control of Transboundary Movements of
     Hazardous Wastes and their Disposal 

Information o this area may be found below under Programme Area L:
Transport, handling and disposal of toxic and dangerous wastes.

7.   Convention on Biological Diversity (CBD)

This Convention was opened for signature during the United Nations
Conference on Environment and Development (UNCED), held in June 1992
in Rio de Janeiro, and entered into force on 29 December 1993.  The
Convention aims at conserving biological diversity, the sustainable
use of its components, and the fair and equitable sharing of the
benefits arising from the use of genetic resources.  As of 16 July
1996, the Depositary of the Convention had received 152 instruments of
ratification, accession, acceptance or approval.

To contribute to the early implementation of CBD, UNEP convened four
expert panels between December 1992 and March 1993 to advise the
Executive Director on preparing the work of the Intergovernmental
Committee on CBD.  The first meeting of the Conference of the Parties
to CBD took place in Nassau, the Bahamas, from 29 November to 9
December 1994.  The Global Environment Facility (GEF) was selected to
continue to serve as the institutional structure to operate the
financial mechanism under the Convention on an interim basis.  UNEP
was selected to provide the permanent Secretariat for the Convention
with the Secretariat to be located in Montreal, Canada.

The second meeting of the Conference of the Parties was held in
Jakarta, Indonesia, from 6 to 17 November 1995.  By the decision of
that meeting, the Secretariat was requested, inter alia, to liaise
with the World Trade Organization (WTO) with regard to the development
of a report to the third meeting of the Conference of the Parties on
the relationship between the objectives of the Convention and the
Agreement on the Trade-related Aspects of Intellectual Property Rights
(TRIPs).  The Secretariat was also asked to compile the views of
Parties on possible options for developing national legislative,
administrative or policy measures to implement Article 15 of the
Convention.  The Secretariat has made efforts to survey measures taken
by Governments to implement Article 15 of the Convention, including
any national interpretations of key terms used in that Article.  

Details on the development of a protocol on biosafety may also be
found below, under Programme Area S:  Additional subjects for possible
consideration during the present decade:  use and management of
biotechnology, including question of intellectual and property rights
with respect to genetic resources.

8.   Convention on International Trade in Endangered Species of Wild
     Fauna and Flora (CITES)

CITES was adopted on 3 March 1973, and entered into force on 1 July
1975.  CITES has established a worldwide system of controls on
international trade in endangered wild fauna and flora and specimens
derived from them.  Trade in these species must be authorized and is
restricted by government-issued permits or  certificates.  The aim is
to ensure that trade in such species is regulated and monitored to
ensure their sustainability.   As of 26 August 1996, the Depositary of
the Convention had received 132 instruments of ratification,
accession, acceptance or approval.

In 1993 the CITES Secretariat, with the assistance of the IUCN
Environmental Law Centre, published the "Guidelines for Legislation to
Implement CITES" in order to assist Parties in enacting legislation
for adequate implementation of the Convention.  The CITES Secretariat,
in 1995, undertook to analyse national legislation of Parties to
CITES.  The CITES Secretariat prepared, for consideration by the ninth
meeting of the Conference of the Parties (Fort Lauderdale, United
States of America, November 1994), a review of alleged infractions and
other problems in the implementation of the Convention, with a view to
increasing its effectiveness. 

In order to improve the implementation and enforcement of the
Convention, the CITES Secretariat has developed its training
activities in two areas: organization of training seminars, with
priority given to regional seminars, and preparation of training
materials.  Eight training seminars were carried out in 1995, three in
Asia, two in South and Central America and the Caribbean, two in
Europe and one in North America.  About 380 people participated in
these seminars.  The seminars have enabled officials to improve their
ability to implement CITES by understanding the requirements and
procedures of CITES, and to deal with the most difficult enforcement
problems and develop international cooperation.

Over the years, the CITES Secretariat has developed a couple of
hundred overhead transparencies for training in identification in
wildlife specimens.
 
Reference should also be made in the context to the Lusaka Agreement
described in detail in section 3 under Programme Area A:  Enhancing
the capacity of states to participate effectively in the development
and implementation of environmental law.

9.   Convention on the Conservation of Migratory Species of Wild
     Animals (CMS)

CMS was adopted on 23 June 1979 and entered into force on 1 November
1983.  The Convention provides a framework for the conservation of
migratory species and their habitats by adopting strict protection
measures for migratory species or their separate populations that have
been categorized as endangered (listed in Appendix I of the
Convention); concluding international agreements for the conservation
and management of migratory species or their separate populations that
have an unfavorable conservation status or would significantly benefit
from international cooperation (Appendix II to the Convention); and
undertaking joint research or coordinated management activities.

At the Fourth Meeting of the Conference of the Parties to CMS, from 7
to 11 June 1994, in Nairobi, Kenya, the Conference of the Parties had
the opportunity to consider a preliminary assessment of the
Convention's implementation, based on information submitted by Parties
in their national reports.  While the review demonstrated an apparent
lack of information on Appendix I species, it revealed a wide range of
conservation activities undertaken at the national level for species
listed in Appendix II.  The extent of research, monitoring and survey
work was particularly noteworthy.  The Conference of the Parties
endorsed the Secretariat's efforts to establish a database compiling
information received from Parties and other sources.  The Conference
of the Parties also formally adopted a revised standard format for
Party reports aimed at streamlining the communication and integration
of relevant information.

10.  Lusaka Agreement on Cooperative Enforcement Operations Directed at
     Illegal Trade in Wild Fauna and Flora

UNEP has also been active in supporting the early implementation of
the Lusaka Agreement, explained in detail in section 3 under Programme
Area A: Enhancing the capacity of states to participate effectively in
the development and implementation of environmental law, above.

11.  Ozone instruments: Vienna Convention for the Protection of the
     Ozone Layer and Montreal Protocol on Substances that Deplete the
     Ozone Layer

Details of these instruments can be found below, under Programme Area
I:  Protection of the stratospheric ozone layer.


             C.  ADEQUACY OF EXISTING INTERNATIONAL INSTRUMENTS

Objective:

To encourage Parties to international environmental instruments to
assess the adequacy of the operation of those instruments with regard
to the particular problems they address and for the purpose of better
integrating environmental and developmental concerns.

Strategy:

Encourage the States concerned to establish appropriate systems for
ascertaining the adequacy of international environmental instruments
in effectively responding to the problems they address, even when
fully or adequately complied with, and develop additional measures to
ensure effective responses to related environmental problems.

Status of implementation:

1.   Basel Convention on the Control of Transboundary Movements of
     Hazardous Wastes and their Disposal

Details on his instrument may be found below, under Programme Area L:
Transport, handling and disposal of toxic and dangerous wastes.

2.   Convention on the Conservation of Migratory Species of Wild
     Animals (CMS)

At the fourth meeting of the Conference of the Parties held from 7 to
11 June 1994, a paper prepared by the CMS Secretariat was presented,
entitled "Strategy for the Future Development of the Convention".  The
paper reviews the past performance of the Convention and makes
recommendations aimed at improving its effectiveness in several key
areas, particularly with respect to geographic and taxonomic coverage,
implementation measures, CMS agreements, institutional arrangements
and promotion of the aims of the Convention.  The Conference of the
Parties accepted the Strategy and identified 25 specific objectives
and activities as the first priorities for the 1995-1997 triennium.  

The Conference of the Parties also considered an expert report,
entitled "Elements for the formulation of guidelines for the
harmonization of future agreements", prepared by IUCN.  The elements
contained in the report are to be taken into account in the
elaboration of further CMS Agreements and a proposal on the report is
to be submitted to the fifth Conference of the Parties.  Under CMS,
numerous Agreements have been developed.  These include the Agreement
on the Conservation of Bats in Europe, the Agreement on the
Conservation of Small Cetaceans of the Baltic and North Seas, the
Agreement on the Conservation of Seals in the Wadden Sea and the
African-Eurasian Migratory Waterbird Agreement.  The Memoranda of
understanding have been developed concerning conservation measures for
the Siberian crane and for the Slender-billed curlew.  Efforts have
continued on the development of agreements on the conservation of
cetaceans of the Black Sea, Mediterranean and contiguous Atlantic
area; the Houbaba Bustard; the Great bustard in central Europe and
migratory waterbirds of the Asia-Pacific region.  Consideration has
been given to the possible development of agreements concerning marine
turtles, Sahelo-Saharan mammals, waterbirds of the Americas and
seabirds (global).  The agreements are intended to coordinate actions
for Appendix II species on species and habitat conservation measures,
management plans, research and monitoring and public education and
awareness.

3.   Ozone Instruments:  Vienna Convention for the Protection of the
     Ozone Layer and Montreal Protocol on Substances that Deplete the
     Ozone Layer

Refer to Programme Area I:  Protection of the stratospheric ozone
layer.

4.   Empirical study on trade measures in multilateral environmental
     agreements

UNEP, in collaboration with the United Nations Conference on Trade and
Development (UNCTAD) and with the cooperation of the CITES, Basel and
Ozone Secretariats, is undertaking an empirical study on trade
measures in multilateral environmental agreements.  This is discussed
at length under Programme Area S:  Additional subjects for possible
consideration during the coming decade:  Environment and trade. 


                    D.  DISPUTE AVOIDANCE AND SETTLEMENT

Objective:

To develop further the mechanisms to facilitate the avoidance and
settlement of environmental disputes.

Strategy:

Develop methods, procedures and mechanisms that promote, inter alia,
informed decisions, mutual understanding and confidence-building, with
a view to avoiding environmental disputes and, where such avoidance is
not possible, to their peaceful settlement.

Status of implementation:

1.   Study on environmental dispute avoidance and settlement

UNEP has commissioned a study on environmental dispute avoidance and
settlement, in cooperation with the Austrian Institute of
International Law and the Faculty of Law at the Jawaharlal Nehru
University, India.  The study is currently being developed.  It will
also serve as a component of the development of the position paper for
international environmental law aiming at sustainable development,
explained in detail under Programme Area H: Concepts or principles
significant for the future of environmental law.

2.   Multilateral Working Groups

UNEP is involved in the multilateral negotiations of the Middle East
peace process, particularly in the Multilateral Working Group on
Environment and as leader of the Multilateral Working Group on Water
Resources.  A training course on project design and appraisal tools
for integrated environmental and economic assessment was held from 4
to 8 December 1995, in Nairobi, Kenya, as part of the work of the
Multilateral Working Group on Water Resources.

UNEP is also actively participating in the Group of 20, an interagency
coordination group established to promote the sustainable social and
economic development of the Palestinian people, which is essential to
ensure the success of the peace process in the Middle East.

3.   Special Initiative on Africa

Details of this are contained under Programme Area N:  Environmental
protection and integrated management, development and use of inland
water resources, below.


E.  LEGAL AND ADMINISTRATIVE MECHANISMS FOR THE PREVENTION AND REDRESS
    OF POLLUTION AND OTHER ENVIRONMENTAL DAMAGE

Objectives:

To assist States in developing and implementing programmes of action
for the prevention and redress of pollution and other environmental
damage.

Strategies:

Promote the development of legal and administrative measures to
facilitate access to information on, and effective identification,
control and management of, potentially harmful activities prior to
their commencement and during their continuance, and to ensure the
availability of appropriate redress for environmental damage.

Status of implementation:

1.   Liability and compensation for environmental damage resulting from
     military activities

UNEP, in close cooperation with the London-based Foundation for
International Environmental Law and Development (FIELD), has initiated
a project focused on defining environmental damage caused by military
activities.  The need for such an undertaking arose when the United
Nations Compensation Commission (UNCC) was established in April 1991
by United Nations Security Council resolution 687 (1991) to hear
claims of environmental damage and depletion of natural resources
caused by military activities.  The resolution provided limited
guidance to the Commission as to how compensation is to be assessed. 
In 1994, UNEP  embarked upon the study with the aim of providing a
practical contribution to the work of the UNCC and other relevant
United Nations bodies, while at the same time further developing the
law in this area.

A working group of international experts in the field was convened
from  27 February to 2 March 1995 to begin deliberations on the issue. 
The meeting reviewed the major topics of consideration, including the
threshold and quantum of compensation, the work of UNCC, the
international legal context and applicable law, the definition of
"environmental damages" and "depletion of and damage to natural
resources", and the interest of States and international organizations
in bringing a claim.  A second meeting was held from 13 to 15
September 1995.  Short background notes on specific aspects of
liability and compensation were prepared by several members of the
Working Group and a comparative study on the valuation of
environmental damage was prepared with the assistance of FIELD.  The
third and final meeting of the Working Group was held in London from
14 to 17 May 1996.  At this meeting the draft report was discussed. 
The report was finalized in June 1996 and distributed to the meeting
of UNCC in July 1996.  The report will also be distributed at the
nineteenth session of the Governing Council of UNEP as an information
document.

2.   Seminar on Liability for Environmental Damage

     In cooperation with the Inter-American University of Puerto Rico
and the Puerto Rican Conservation Trust, UNEP organized a seminar on
liability for environmental damage, from 25 to 27 October 1995.  The
seminar included participants from Argentina, Brazil, Canada,
Colombia, Costa Rica, Mexico, Paraguay, Peru, Puerto Rico, the United
States of America and Venezuela.  The main purpose of the seminar was
to exchange ideas among experts in the field of civil, penal and
administrative liability for environmental damage, with a view to
preparing a publication that would disseminate their experience in the
field and contribute to improving the respective legal systems,
particularly in the countries of Latin America and the Caribbean.


               F.  ENVIRONMENTAL IMPACT ASSESSMENT

Objectives:

To promote the widespread use of environmental impact assessment (EIA)
procedures by Governments and, where appropriate, international
organizations as an essential element in development planning and for
assessing the effects of potentially harmful activities on the
environment.  

Strategies:

Encourage the utilization of EIA as an essential tool for development
planning and promotion of the concept of sustainable development.
 
Status of implementation:

1.   Development of a model framework law, guidelines and national
     legislation

UNEP has been compiling existing examples of national EIA legislative
provisions, and work has begun on drafting a model law.  A UNEP
compendium of indexed texts of environmental impact assessment
legislation in developing countries and countries with economies in
transition will be published when funding comes available. 
Discussions have been held on coordinating the development of
legislative guidance with IUCN, which has taken initial steps to
develop a legal manual on EIA.

The UNEP Regional Office for Latin America and the Caribbean (ROLAC),
as designated secretariat of the Latin American Parliament (PARLATINO)
Standing Commission on Environment, was requested to prepare a model
law on EIA.  The draft, which contains sample articles and commentary,
was examined and approved by the Meeting of the PARLATINO
Environmental Commission held in Havana, Cuba, from 21 to 24 November
1995.

UNEP has provided assistance to a number of countries related to the
development of specific EIA legislation, or with framework legislation
which often contains an EIA component, including Cambodia, Chile,
Lebanon, Mozambique, Namibia, Nigeria, Oman, Pakistan, Yemen and
Zambia.  Full details of the UNEP capacity-building programme in the
field of environmental law and institutions may be found under in
Programme Area A:  Enhancing the capacity of states to participate
effectively in the development and implementation of environmental
law, above.

UNEP, in close consultation with the Organisation for Economic
Cooperation and Development (OECD), convened a consultative expert
group meeting to develop the UNEP EIA programme.  As a follow-up to
the meeting, UNEP collaborated with the Commonwealth Secretariat and
EarthCare Africa to convene a subregional workshop for EIA
practitioners from central and eastern African countries, held in
Zambia in March 1994.  The workshop, inter alia, provided the basis
for the preparation of an EIA framework for Africa.  In July 1994, in
Nairobi, UNEP with EarthCare Africa organized a working group to draft
an EIA framework for Africa.  In December 1995, in Gabon, a seminar on
EIA was organized for west and north African countries to facilitate
the formulation of a general framework for EIA methodologies suited to
these countries.

2.   Training and capacity-building programmes

UNEP has also organized several training and capacity-building
programmes to promote the use of EIA.  A seminar on EIA of development
projects was held in collaboration with the Islamic Development Bank
from 29 May to 2 June 1994, in Amman, Jordan.  In September 1994, a
workshop on EIA with particular focus on international cooperation was
held to provide a forum for EIA practitioners from all parts of the
world to exchange experience in the application of EIA.  Two further
training workshops were convened, one in Kathmandu, Nepal, in December
1994 and the other in Japan in September 1995 focusing on the
assessment of training needs in the Asian region and the development
of curricula, training materials and country case studies on EIA. 
UNEP cosponsored the 1995 conference of the International Association
for Impact Assessment (IAIA).  An African high-level ministerial
meeting on EIA was organized in conjunction with the conference.  In
June 1996, a training workshop on EIA was held in Estoril, Portugal,
during the sixteenth Annual Meeting of IAIA.  In addition, a regional
workshop was organized in collaboration with IUCN for EIA
practitioners in Central America in November 1995.  In January 1996,
again in collaboration with IUCN, a three-day EIA training course was
held in Peru.  

The first and second courses of the UNEP/UNITAR/UNCHS (Habitat) Global
Training Programmes on Environmental Law and Policy, held from 29
November to 17 December 1993 and from 27 March to 13 April 1995
respectively, each contained a component on EIA.  Approximately 30
senior and middle-level government officials working in the area of
environmental law attended each of the training programmes.  More
information on the UNEP environmental law training programmes is
provided under Programme Area G:  Environmental awareness, education,
information and public participation, below.

UNEP plans to bring out a publication on EIA, to be entitled
"Sourcebook of Environmental Impact Assessment", which will direct
users to sources of information on EIA and provide a selected
bibliography on the subject.  UNEP also plans to issue an EIA training
resource manual and a publication on EIA issues, trends and practice.


                   G.  ENVIRONMENTAL AWARENESS, EDUCATION,
                     INFORMATION AND PUBLIC PARTICIPATION

Objective:

To promote public awareness of international environmental issues and
regimes through education, provision of information and greater public
participation in the consideration of international environmental
regimes and the development of national laws, rules and standards.

Strategy:

Adopt and actively pursue public-awareness programmes relating to
environmental issues and the development and implementation of
international and national regimes concerning the environment and
associated institutional mechanisms, in cooperation, wherever
appropriate, with other bodies, including governmental and non-
governmental organizations and educational institutions. 

Status of implementation:

1.   Publications

Increased awareness of environmental law and its role in sustainable
development is likely to contribute to the further development of
national legislation, promote better compliance with legislative
requirements, and enhance effective participation in international
negotiations.  To this end, UNEP is producing a number of publications
dealing with a variety of issues in environmental law.

The following publications have already been issued:

     (a)  The "Register of International Treaties and Other Agreements
          in the Field of the Environment" was issued in 1993, the
          latest version in a series issued since 1977.  This work was
          praised in Governing Council decision 18/25 and the Executive
          Director was requested to continue regular publication of the
          Register and to consider the possibility of updating and
          disseminating it more frequently.  A revised version is
          currently under production;

     (b)  The "Directory of Principal Governmental Bodies Dealing with
          the Environment" was updated and published in 1993;

     (c)  "UNEP's New Way Forward: Environmental Law and Sustainable
          Development" was issued in October 1995, in commemoration of
          the fiftieth anniversary of the United Nations.  In July
          1996, a Chinese version of the book, translated in
          cooperation with the National Environmental Protection Agency
          of China, was launched by the Executive Director of UNEP at
          the Fourth Chinese National Conference on Environment;

     (d)  The "Arabic Compendium of International Environmental Law"
          was also published in 1995;

     (e)  The "Biannual Bulletin of Environmental Law" has been issued
          twice annually since July 1994.  The Bulletin gives details
          of major activities of UNEP in the legal and institutional
          fields, covering such issues as international legal
          instruments; national legislation and institutions;
          environmental training, education and information; and news
          from the convention secretariats;

     (f)  UNEP also publishes the quarterly "Industry and Environment",
          which, in the issue volume 9, No. 1, dealt with the topic of
          industry compliance - in particular, industry responses to
          environmental laws and regulations, developments in
          compliance and enforcement, building national compliance
          programmes, and integrated multimedia pollution control;

     (g)  In July 1995, UNEP produced "Legislating Chemicals: An
          Overview".  This booklet has also been translated into
          Russian;

     (h)  In July 1996, the Ozone Secretariat published the revised
          "Handbook for the International Treaties for the Protection
          of the Ozone Layer", which contains, among other things, the
          text of the treaties, with a summary of the control measures
          for ozone-depleting substances under the Montreal Protocol;

     (i)  The Basel Secretariat issued two publications:  in December
          1995, a manual entitled "Guidance in Developing National
          and/or Regional Strategies for the Environmentally Sound
          Management of Hazardous Wastes" and, in January 1996, the
          "Revised Model National Legislation on the Management of
          Hazardous Wastes as well as on the Control of Transboundary
          Movements of Hazardous Wastes and their Disposal";

     (j)  In 1995 UNEP published the tenth in its series of booklets on
          environment and trade entitled "The Use of Trade Measures in
          Selected Multilateral Environmental Agreements"; and

     (k)  In 1996 UNEP plans to publish a "sourcebook on environmental
          impact assessment".

UNEP is also currently preparing a number of other publications in the
field of environmental law, which will be published when financial
resources come available.  These include:

     (a)  Handbook on environmental law; 

     (b)  Training manual on environmental law and policy;

     (c)  UNEP compendium of indexed texts of national framework
          legislation for environmental management in developing
          countries and countries with economies in transition;  

     (d)  UNEP compendium of indexed texts of environmental impact
          assessment legislation in developing countries and countries
          with economies in transition; 

     (e)  Arabic compendium of national framework legislation for
          environmental management; 

     (f)  Report on the second course of the UNEP/UNITAR/UNCHS
          (Habitat) Global Training Programme on Environmental Law and
          Policy; and

     (g)  Report on liability and compensation for environmental damage
          caused by military activities; 

In addition, at its eighteenth session, the Governing Council also
requested the Executive Director to update a compilation of
international environmental instruments, with a view to facilitating
harmonization of international environmental law, in a similar format
to the publications "Selected Multilateral Treaties in the Field of
the Environment" and "Selected Multilateral Treaties in the Field of
the Environment, Volume 2", published by UNEP in 1983 and 1991,
respectively. 

UNEP has also established, in collaboration with environmental
convention secretariats, a computerized environmental law information
base (CELIB), which is now accessible worldwide on the Internet. 
CELIB contains legal and institutional information, and is available
to the public free of charge.  Governing Council decision 18/9
endorsed a programme of cooperation between UNEP and IUCN in
implementing the UNEP mandate for a database on national and
international environmental law.  An agreement on cooperation in the
field of environmental law was signed on 17 May 1995 by UNEP and IUCN. 
Modalities of a project to develop a UNEP/IUCN joint environmental law
information system are currently being discussed by the two
organizations.

A home page on the UNEP Environmental Law and Institutions Programme
Activity Centre (ELI/PAC) has been added to the UNEP Web site on the
Internet.

2.   Training

Training in environmental law and policy is recognized as the legal
and institutional component of overall capacity-building for
sustainable development.  While seeking a judicious blend of practical
and academic orientations, the UNEP training programmes are designed
to respond to the specific needs of developing countries and countries
with economies in transition.  They are designed and executed in
partnership with relevant United Nations and other agencies, such as
UNCHS (Habitat), UNDP, UNITAR, UNU, FAO, WTO, UNCTAD and the World
Bank, convention secretariats, IUCN and recognized experts in various
fields of environmental law, as well as with the UNEP regional offices
and relevant in-house units.  UNEP has organized a number of training
programmes for government officials from developing countries and
countries with economies in transition whose current or future
functions require specialization in environmental law and policy and
the development or implementation of related legislation.  

Regional training programmes provide an opportunity for participating
officials to focus on similar regional issues.  A UNEP workshop on
strengthening environmental law and legislation in West Asia was held
in Bahrain, in October 1993.  The programme addressed legal and
institutional aspects of the management and control of marine
pollution, cleaner technology, national legislation and institutions
for environmental management, EIA, and financial mechanisms for
promoting sustainable development, including GEF.  It also included an
overview of major environmental conventions, including the ozone
instruments, the Basel Convention, the Framework Convention on Climate
Change, CMS and CITES, with emphasis on the costs and benefits of
participation and national measures for their implementation.  Forty
participants from nine countries and from the Palestine Liberation
Organization participated.

A regional workshop on institutional capacity-building for industrial
environmental compliance and enforcement response in rapidly advancing
economies in Asia was held in Beijing and Beihai, China, from 13 to 19
November 1994.  Participants at the Chinese workshop included senior
government officials from China, India, Indonesia, Malaysia,
Philippines, Republic of Korea, Singapore and Thailand.  The workshop
dealt with a wide range of legal and institutional issues relating to
industrial compliance and the enforcement, including the design of
enforcement programmes, developing permit systems, monitoring
compliance and the development of an inspection scheme.  The objective
of the workshop was to contribute to the sustainable development of
countries in the Asia and Pacific region in the area of industrial
environmental compliance and enforcement, as set out in Agenda 21.  

A joint UNEP/South Asia Cooperative Environment Programme
(SACEP)/Jawaharlal Nehru University workshop was held at Jawaharlal
Nehru University, New Delhi, India from 11 to 15 December 1995.  The
workshop focused on the efficacy of the existing national
environmental legislation and institutional frameworks in countries in
the South Pacific region to meet the new challenges of sustainable
development and was attended by participants from Bangladesh, Bhutan,
India, Iran, Maldives, Nepal, Pakistan and Sri Lanka, all members of
SACEP.  

In collaboration with Chulalongkorn University, Bangkok, Thailand,
UNEP hosted a National Workshop on Environmental Law in Thailand from
29 November to 1 December 1995.  Following consultations with several
agencies and bodies and among the organizers, the following subjects
were chosen for the workshop:  natural resource management, watershed
management, urban environmental management and industrial
environmental management.  Over 70 participants from across Thailand
participated.  This was the first time that UNEP had organized a
national workshop in a national language, an approach which proved
very conducive to in-depth discussions. 

A subregional workshop on national chemicals legislation will be held
in October 1996 in Cholpon-Ata, Kyrgyzstan.  Participants are expected
from Kyrgyzstan, Kazakstan, Mongolia, Russian Federation, Tajikistan,
Turkmenistan and Uzbekistan.  The UNEP publication "Legislating
Chemicals: An Overview" has been translated into Russian and will be
used as a reference book for the workshop.

Two courses of the UNEP/UNITAR/UNCHS (Habitat) global training
programme on Environmental Law and Policy have been held.  The first
took place in Nairobi from 29 November to 17 December 1993 and the
second from 27 March to 13 April 1995.  The programmes focused on
national legislative and institutional arrangements for implementing
global and regional environmental conventions, and for achieving
effective environmental management based on principles of sustainable
development.  They also included an examination of the legal aspects
of subjects of contemporary interest, such as environment and trade,
EIA and cleaner technology.  The participants were given an
opportunity to develop the necessary skills to formulate national
legislation and institutional regimes for environmental management for
sustainable development and the effective implementation and
enforcement of legislation.  A total of 25 participants from
developing countries attended the first training programme and 29
participants from developing countries and countries with economies in
transition attended the second.

The UNEP training-by-attachment programme commenced in 1992.  It is
intended to provide country-specific intensive training for government
legal officers working in the field of environmental law from
developing countries and countries with economies in transition.  It
also provides an opportunity for these officers to benefit from the
experience and expertise of UNEP and the convention secretariats in
environmental legislation and institutions and to enhance the
individual officer's skills and capacity to participate more
effectively in national activities relating to the environment. 
Attachments have been completed by senior government officials from
Barbados, Burundi, Cuba, Egypt, Jordan, Malawi, Mozambique, Western
Samoa, Zambia and an officer from the UNDP resident representative
office for Iran. 

UNEP has agreed to participate in a proposed international panel of
experts to review the development and implementation of a draft
programme of training in environmental law developed by UNITAR.

Further information on UNEP training programmes in this field may also
be found under Programme Area F: Environmental impact assessment. 

3.   Education

With a view to putting into operation a system for training in
environmental law in the Latin American and Caribbean region, in July
1993, UNEP hosted a training workshop in environmental law in Mexico. 
At the workshop the current state of education in environmental law
was examined as well as the fundamental elements that would define a
system for training in this field.  A second training workshop in
environmental law was organized by UNEP from 27 to 29 November 1995 in
Mexico City, Mexico.  The purpose of the second workshop was to
examine a general plan for training in environmental law and five
specific modules including: introduction to the problems and to
environmental law; environmental management and policy; liability for
environmental damage; legal system for the protection of inland
waters; and the legal system dealing with the atmosphere and outer
space.

UNEP has extended assistance to the Faculty of Law of the University
of Colombo in Sri Lanka to develop a diploma course in environmental
law.  Consultations were held with the Dean and teaching staff of the
Faculty of Law in September 1994.  Following these consultations, a
team of faculty members has prepared a tentative programme including,
inter alia, a curriculum, list of reading material and teaching
methodology, which was forwarded to UNEP for review and comments.  

UNEP participated in a UNU workshop on environmental law, from 4 to 8
December 1995, for faculty members from universities in the East Asia
region.  The workshop attracted the participation of associate
professors teaching environmental law in universities in, among other
countries, Indonesia, Japan, Malaysia, Myanmar, Philippines, Republic
of Korea, Singapore, Thailand and Viet Nam.  UNEP provided a resource
person for two modules namely:  emerging directions in the development
and implementation of national environmental legislation in the
context of sustainable development; and legislative and institutional
regimes for implementing an effective EIA process.  

Following consultations between UNEP, UNU, ESCAP, IUCN and the
National University of Singapore held in June 1995, the National
University of Singapore set up the Asia-Pacific Centre for
Environmental Law at the University.  UNEP, UNU, IUCN and other
relevant agencies will collaborate to provide environmental law
services, especially in the area of legal training and information
dissemination to countries in the region.  The principal target group
for the Centre's programmes will be law professors working at
universities in the Asia and Pacific region, although its training
programmes will also be open to government officials.  The legal
information services will be accessible to government officials and
other interested parties such as non-governmental organizations in the
Asia and Pacific region.  A meeting from 18 to 20 December 1995 was
convened to:  develop institutional arrangements for collaboration in
the development and implementation of the Centre's programme; develop
a curriculum for the Centre's training programmes in environmental
law; and develop the UNEP/IUCN/National University of Singapore Asia-
Pacific environmental law information services at the Centre.  UNEP
will install a window for environmental law on its information
network, to be called the network for environmental training at the
tertiary level in Asia and the Pacific (NETTLAP).  The Centre was
formally opened on 1 July 1996.

From 1991 to 1993 and 1994 to 1996, UNEP sponsored a Chair for
Environmental Diplomacy at the Mediterranean Academy of Diplomatic
Studies, Malta.  The programme was useful in catalysing the
development of an environmental consciousness in young diplomats. 
Under the programme, among other accomplishments, courses on
environmental law were established and an international conference on
new approaches for international environmental law and diplomacy,
entitled:  Global Partnership and the Mediterranean Model, was
initiated and organized by the then Chair from 29 February to 2 March
1996.  Owing to the current financial situation at UNEP, funding of
this Chair is no longer possible.


            H. CONCEPTS OR PRINCIPLES SIGNIFICANT FOR THE FUTURE 
                            OF ENVIRONMENTAL LAW

Objective:

Further develop, as appropriate, international environmental law.

Strategy:

Consider concepts or principles which may be applicable to the
formation and development of international law in the field of
environment and sustainable development.

Status of implementation:

1.   Further development of International environmental law aiming at
     sustainable development

At its second session, 16-27 May 1994, CSD requested UNEP to "study
further the concept, requirements, and implications of sustainable
development and international law".  At its eighteenth session, the
UNEP Governing Council welcomed the progress achieved in the
implementation and development of international environmental
instruments, but expressed its belief that further innovative
approaches were required in the field of the progressive development
and codification of international environmental law in order to
achieve sustainable development.  To that end, decision 18/9 requests
UNEP to:

     (a)  develop, in preparing the periodic review of environmental
          law in accordance with Governing Council decision 17/25, a
          position paper for international environmental law aiming at
          sustainable development, containing, inter alia,
          compliance/implementation mechanisms, dispute
          avoidance/settlement procedures and new concepts and
          principles; and 

     (b)  prepare a study on the need for and feasibility of new
          international environmental instruments aiming at sustainable
          development.

At its fourth session, 18 April-3 May 1996, CSD reiterated its call
for UNEP involvement in the further development of international
environmental law and welcomed Governing Council decision 18/9.  To
that end, UNEP, in cooperation with the Centre for International
Environmental Law (CIEL) of Washington, D.C., organized a series of
expert group workshops on international environmental law aiming at
sustainable development.  Three workshops have been held: 13-15
November 1995, 22-24 May 1996 and 30 September-4 October 1996, in
Washington, D.C.  The workshops were attended by selected eminent
academics and government and United Nations officials working in the
field of international environmental law.  All experts worked in their
personal capacity.   

The workshops identified major elements for, and assisted with the
development of, the draft position paper on international
environmental law aiming at sustainable development.  The participants
also discussed future priority areas for action, bearing in mind the
Montevideo Programme.  A task force was established to discuss and
develop the feasibility study on new international environmental
instruments aiming at sustainable development.
  
The draft position paper and draft feasibility study will form part of
the mid-term review of the Montevideo Programme II and will be
presented to Governments at the nineteenth session of Governing
Council, in January 1997.

2.   Further development of specific international environmental
     instruments

UNEP is also involved in the further development of specific
international environmental instruments, such as a global legally
binding instrument on the prior informed consent procedure for certain
hazardous chemicals in international trade and an instrument on
persistent organic pollutants.   Also, certain developments under the
UNEP-administered conventions should be noted.  These include further
CMS agreements, a protocol on biosafety under CBD, a protocol to the
Basel Convention on liability and compensation, and additional
protocols to the regional seas conventions.  New concepts and
principles in international environmental law will likely be elements
of such instruments.  Details on these instruments may be found under
the relevant Programme Areas.


           I.  PROTECTION OF THE STRATOSPHERIC OZONE LAYER

Objectives:

To protect human health and environment against adverse effects
resulting from or likely to result from human activities which deplete
or are likely to deplete the ozone layer.

Strategy:

Promote the widest possible acceptance and effective implementation of
the Vienna Convention for the Protection of the Ozone Layer and the
Montreal Protocol on Substances that Deplete the Ozone Layer and its
adjustments and amendments and utilize the institutions and mechanisms
established under these for further development of national and
international programmes to respond to current and future concerns.

Status of implementation:

The conclusion in 1985 of the Vienna Convention for the Protection of
the Ozone Layer, followed in 1987 by the Montreal Protocol on
Substances that Deplete the Ozone Layer, institutionalized global
cooperation for the protection of the ozone layer in the stratosphere. 
The intent of these two instruments is for all countries to cooperate
in the protection of the stratospheric ozone layer through the
exchange of scientific, technological and other relevant information,
and to phase out the production and consumption of specified ozone-
depleting substances in accordance with an agreed schedule.  As of 30
June 1996, 159 countries had ratified or acceded to the Vienna
Convention.  The Montreal Protocol has been ratified or acceded to by
157 countries.  In 1990, the Protocol was amended to phase out the
ozone-depleting substances - chloroflourocarbons (CFCs) and halons -
by the year 2000.  In 1992, it was again revised, bringing forward the
phase-out date to 1996 for CFCs and to 1994 for halons, save for
essential uses (a different schedule of phase-out has been set for
developing countries operating under Article 5 of the Protocol).
  
The Copenhagen Amendment, adopted by the Fourth Meeting of the Parties
to the Montreal Protocol and entering into force on 22 September 1993,
advanced the phase-out of all the controlled substances of Annexes A
and B to the Protocol to 1 January 1996, except for halons, which were
phased out by 1 January 1994.  There were 57 Parties to the Copenhagen
Amendment as of 30 June 1996.  

At the Seventh Meeting of the Parties, in December 1995, the
Secretariat assisted the Parties to the Montreal Protocol in
concluding the Vienna adjustments to the phase-out schedule of ozone-
depleting substances.  The adjustments entered into force on 5 August
1996.

The Secretariat has assisted developing countries and countries with
economies in transition in ratifying the ozone treaties by
communicating to them the procedure for ratification and providing a
draft instrument of ratification.

In 1995-1996 the Secretariat reviewed two studies prepared by UNEP in
cooperation with the Stockholm Environment Institute.  The first was
on monitoring ozone-depleting substances and the second a guide to the
regulations to control ozone-depleting substances.  The latter is
intended to assist government officials dealing with the phase-out of
ozone depleting substances and drafting regulations to control and
eliminate the use of such substances.  Although the main focus of the
study is on regulations, it also includes some legislation, ordinances
and ministerial orders.  In July 1996, the Secretariat published the
revised "Handbook for the International Treaties for the Protection of
the Ozone Layer".  The revision contains the text of the treaties,
with a summary of the control measures for ozone depleting substances
under the Montreal Protocol, the evolution of the Montreal Protocol,
the status of ratification and rules of procedures for the Meetings of
the Parties, the operation of the ozone regime, with decisions of the
Parties and an index to decisions and sources for further information.

In accordance with decisions of the Seventh Meeting of the Parties and
the Executive Committee of the Montreal Protocol Multilateral Fund,
UNEP, in August 1996, initiated a process for identifying the
framework for a policy dialogue with Article 5 countries for enhancing
support to phase out ozone-depleting substances. 

The Secretariat also contributed to the UNEP/UNITAR/UNCHS(Habitat)
Global Training Programme by delivering a lecture on the Vienna
Convention and the Montreal Protocol, in particular, the rationale for
their adoption, the negotiating process, the obligations of States
under the treaties and the costs and benefits of ratification or
accession.


              J.  TRANSBOUNDARY AIR POLLUTION CONTROL

Objective:

To promote and develop international cooperation for the prevention
and reduction to environmentally acceptable levels of emissions
causing transboundary air pollution and their effect which causes
damage to the environment.

Strategy:

     (a)  Consider the possible development of international legal
          instruments and mechanisms at appropriate levels for the
          prevention, control and reduction to acceptable levels of
          emissions causing transboundary air pollution and their
          effects;

     (b)  Assist States, in particular developing countries and
          countries with economies in transition, to promote the
          development of national arrangements and programmes to
          prevent, control, and reduce emissions causing transboundary
          air pollution and their effects.

Status of implementation:

UNEP has not yet had an opportunity to proceed with law-related
activities under this heading.   

Mention should be made, however, of the related issue of the United
Nations Framework Convention on Climate Change elaborated within the
general scope of the first Montevideo Programme.  The Framework
Convention on Climate Change is a global environmental convention
which is directed at stabilizing greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system, within a time-frame sufficient
to allow ecosystems to adapt naturally to climate change, to ensure
that food production is not threatened and to enable economic
development to proceed in a sustainable manner.  The Convention was
adopted on 9 May 1992 in New York and opened for signature during
UNCED in June 1992, in Rio de Janeiro.  The Convention entered into
force on 21 March 1994.  As of 18 April 1996 the Depositary of the
Convention had received 157 instruments of ratification, accession,
acceptance or approval.  This is a United Nations-administered
Convention.

In addition, the ongoing work by UNEP concerning persistent organic
pollutants (POPs) addresses twelve chemicals which are being discussed
by the United Nations Economic Commission for Europe (ECE) in the
context of the Convention on Long-range Transboundary Air Pollution. 
The need for international action to develop a global, legally binding
instrument on POPs is identified in the Global Programme of Action for
the Protection of the Marine Environment from Land-based Activities,
adopted at the Intergovernmental Conference in Washington, D.C., from
23 October to 3 November 1995 (see also Programme area M, below). 


K.  CONSERVATION, MANAGEMENT, AND SUSTAINABLE DEVELOPMENT OF SOILS AND
    FORESTS

Objective:

To develop suitable regimes for conservation, management and
sustainable development of soils and forests, taking into account the
close links between desertification, deforestation, climate change and
biological diversity.

Strategies:

In close cooperation with agencies and organizations engaged in such
fields as soil conservation, forestry, land use, and desertification,
promote the implementation of the World Soil Charter, the relevant
elements of the World Conservation Strategy, the Plan of Action to
Combat Desertification, the Forest Principles adopted at the United
Nations Conference on Environment and Development and the Tropical
Forestry Action Plan, by proposing measures for their effective
implementation at appropriate levels, through the use, inter alia, of
arrangements which address problems in these areas in accordance with
relevant chapters of Agenda 21.

Status of implementation:

1.   United Nations Convention to Combat Desertification in those
     Countries Experiencing Serious Drought and/or Desertification,
     particularly in Africa

In 1993, the United Nations convened an Intergovernmental Negotiating
Committee for the Elaboration of an International Convention to Combat
Desertification in those Countries Experiencing Serious Drought and/or
Desertification, particularly in Africa.  UNEP hosted this first
meeting.  Four substantive meetings were held between May 1993 to
March 1994.  A final meeting, during which the final text of the
Convention was adopted, was held in Paris from 6 to 17 June 1994.  The
Convention was opened for signature in Paris on 14 and 15 October
1994.  The Convention to Combat Desertification contains 40 articles
and four regional implementation annexes, one each for Africa, Asia,
Latin America and the Caribbean, and the Northern Mediterranean.  It
is a United Nations-administered convention.

The objective of the Convention is to combat desertification and
mitigate the effects of drought through action at all levels,
supported by international cooperation and partnership arrangements. 
General obligations of the Parties include: adopting an integrated
approach in addressing desertification and drought, giving due
attention to the situation of affected developing countries with
regard to international trade, marketing arrangements and debt;
integrating strategies for poverty eradication into efforts to combat
desertification and mitigate the effects of drought; promoting
cooperation among affected country parties; strengthening subregional,
regional and international cooperation; and cooperating within
relevant inter-governmental organizations.

The Convention has not yet come into force, but affected countries are
encouraged to develop action plans and donor countries requested to
provide financial resources even before it takes effect.  The
Intergovernmental Negotiating Committee continues to meet and make
preparations for the entry into force of the Convention and to support
the committee resolution on Urgent Action for Africa.

At its eighth session, held from 5 to 16 February 1996 in Geneva, the
Intergovernmental Negotiating Committee discussed procedures for
conciliation and arbitration under the Convention.

UNEP organized, in collaboration with the Intergovernmental Authority
on Development (IGAD), legal experts meeting of IGAD on policy, legal
and institutional issues relating to desertification and drought and
the implementation of the Convention to Combat Desertification, from 8
to 10 July 1996 in Nairobi.  The subregional study on policy, legal
and institutional issues relating to desertification and the
subsequent meetings are part of the IGAD activities undertaken in the
interim period before the Convention comes into force.  The IGAD legal
experts meeting formulated concrete proposals on the need for policy,
legal and institutional reforms to be submitted to the IGAD Council of
Ministers.  The IGAD countries include Djibouti, Eritrea, Ethiopia,
Kenya, Somalia, the Sudan and Uganda.

2.  Intergovernmental Panel on Forests

UNEP has played a substantive role in the CSD Intergovernmental Panel
on Forests.  The first meeting of the Panel was held from 11 to 15
September 1995 in New York and a second meeting from 11 to 22 March
1996 in Geneva, at which UNEP presented a review of the implementation
of the UNCED Forest Principles.  UNEP has developed an integrated
forestry policy paper and will continue to work on the needs of
countries with low forest cover and develop legal mechanisms for the
sustainable management of forests.

3.   Convention on Biological Diversity (CBD)

As a related measure, work has been continuing on the implementation
of CBD.  More information on particular activities may be found above,
under Programme Area B:  Implementation of international legal
instruments in the field of the environment. 



      L.  TRANSPORT, HANDLING AND DISPOSAL OF HAZARDOUS WASTES

Objective:

To reduce, control, prevent and eventually eliminate damage and
minimize the risk thereof from the generation, management, transport,
handling and disposal of hazardous wastes.

Strategy:

Promote wide participation in, and effective implementation of, the
Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal and related regional agreements.

Status of implementation:

1.   Basel Convention on the Control of Transboundary Movements of
     Hazardous Wastes and their Disposal

The Basel Convention is a global environmental treaty that strictly
controls the transboundary movements of hazardous wastes, and obliges
the Parties to ensure the environmentally sound management of wastes,
particularly their disposal.  The Convention was adopted on 22 March
1989 and came into force on 5 May 1992.  As of 17 July 1996, the
Depositary of the Convention had received 100 instruments of
ratification, accession, acceptance or approval.

UNEP and the Secretariat of the Basel Convention have undertaken,
within the available resources, a number of activities in accordance
with Chapter 20 of Agenda 21 including:

     (a)  Developing proposals on ways and means of enhancing the
          monitoring and prevention of illegal traffic (proposals were
          submitted to the second meeting of the Conference of the
          Parties in March 1994 for consideration and approval);

     (b)  Increasing public awareness and information on hazardous
          wastes issues through the publication of newsletters, press
          releases and brochures;

     (c)  Assisting in the development of national legislation, as well
          as of national capacities, of developing countries and
          countries with economies in transition to deal with the
          problems of hazardous wastes;

     (d)  Organizing and participating in seminars, workshops, training
          and educational programmes related to environmentally-sound
          management of hazardous wastes; and

     (e)  assessing the establishment of regional centres for training
          and technology transfer.

The Convention has succeeded in developing tools to encourage and
facilitate its implementation.  For example, the Secretariat of the
Convention is providing legal and technical advice for the elaboration
of regional conventions and protocols for the control of transboundary
movements of hazardous wastes in such regions as Africa, the
Mediterranean, the Caribbean and the South Pacific.  UNEP and the
Secretariat of the Basel Convention are working towards strengthening
the implementation of the legal regime established by the Convention. 
Assistance is being provided to developing countries for the
improvement of infrastructure and institutional capacities and
appropriate legislative frameworks and enforcement mechanisms
developed under the Basel Convention.  Technical guidelines are to be
further developed to assist in the environmentally sound management of
hazardous wastes.  In December 1995, the Technical Working Group of
the Convention issued a manual entitled "Guidance in Developing
National and/or Regional Strategies for the Environmentally Sound
Management of Hazardous Wastes".  In January 1996, the Secretariat
issued the "Revised Model National Legislation on the Management of
Hazardous Wastes as well as on the Control of Transboundary Movements
of Hazardous Wastes and other Wastes and their Disposal".  Transfer of
clean technologies is being encouraged.  Ways and means towards the
effective control of transboundary movements of hazardous wastes and
their disposal, as well as prevention of illegal traffic, are being
developed and communicated to developing countries.

At the first Conference of the Parties, held in December 1992, in
Piriapolis, Uruguay, an ad hoc Working Group of Legal and Technical
Experts was established to prepare a draft protocol on liability and
compensation for damage resulting from the transboundary movement of
hazardous wastes and their disposal.  By June 1996, the Ad Hoc Working
Group of Legal and Technical Experts had held four sessions and
elaborated the draft articles for a Protocol on Liability and
Compensation for Damage Resulting from the Transboundary Movements of
Hazardous Wastes and Their Disposal.   

At its second meeting, held in Geneva, Switzerland, from 21 to 25
March 1994, the Conference of the Parties decided to establish an
immediate prohibition of all transboundary movements of hazardous
wastes which are destined for final disposal from OECD to non-OECD
countries.  The Parties also adopted a resolution by which the
transboundary movement of hazardous wastes destined for recycling or
recovery operations is to be phased out by 31 December 1997.  At its
third meeting, held in Geneva from 18 to 22 September 1995, the
Conference of the Parties adopted an amendment to the Convention by
which each Party listed in Annex VII (i.e., Parties and other States
which are members of OECD, the European Community, Liechtenstein)
shall prohibit all transboundary movements of hazardous wastes which
are destined for operations according to Annex IV A (i.e., final
disposal operations), to States not listed in Annex VII.  Each Party
listed in Annex VII shall phase out by 31 December 1997, and prohibit
as of that date, all transboundary movements of hazardous wastes under
Article 1 (i) (a) of the Convention which are destined for operations
according to Annex IV B (i.e., operations which may lead to resource
recovery, recycling, reclamation, direct re-use or alternative uses)
to States not listed in Annex VII.  Such transboundary movement shall
not be prohibited unless the wastes in question are characterized as
hazardous under the Convention.

Also at its third meeting, the Conference of the Parties decided that
a form should be developed for use by Parties to report cases of
confirmed illegal traffic; requested the Parties to cooperate with
each other and the Secretariat of the Basel Convention on alleged
cases of illegal traffic; and requested the Parties to promulgate or
develop stringent legislation on the control of transboundary
movements of hazardous wastes and to incorporate in this legal system
appropriate sanctions or penalties for the illegal traffic in
hazardous wastes and other wastes.

Having reviewed a study on "Evaluation of the Effectiveness of the
Basel Convention", the Conference of the Parties, at its third
meeting, recognized that the Basel Convention had contributed to the
control of transboundary movements of hazardous wastes and their
management in an environmentally sound manner, and further requested
the Parties to take the legal and technical steps necessary for the
implementation of the Convention at the national level in order to
ensure its effectiveness.  The Conference of the Parties requested the
Consultative Sub-Group of Legal and Technical Experts to study all
issues related to the establishment of a mechanism for monitoring
implementation of and compliance with the Basel Convention.  The first
session of the Consultative Sub-Group was held in Geneva in June 1996.

2.   Application of environmental norms by military establishments

In 1994, UNEP initiated a process for convening regional meetings to
discuss the application of environmental norms to military
establishments.  This initiative was launched in response to Governing
Council decision 17/5 of May 1993, which requested UNEP to collect
information on the application of environmental norms by military
establishments.  At its second session in May 1994, CSD endorsed the
activities by UNEP undertaken pursuant to that decision.  A report was
submitted to the eighteenth session of the Governing Council,
detailing UNEP activities to implement decision 17/5.  The report
contained a summary of the information provided by Governments on such
issues as the conformity of military establishments' hazardous waste
policy to national environmental norms, the contribution of the
military to the achievement of national environmental policies and an
assessment of environmental problems caused by military activities. 
By Governing Council decision 18/29, of 25 May 1995, the Executive
Director was authorized to arrange, within available resources,
regional meetings, in cooperation with the United Nations regional
commissions and regional organizations, for the implementation of
Governing Council decision 17/5.  

UNEP, in cooperation with ECE, organized a regional meeting on
military activities and the environment in Linko"ping, Sweden from 27
to 30 June 1995.  The Government of Sweden hosted the meeting, which
was attended by representatives of 32 ECE member countries, United
Nations Bodies including UNDP, the Secretariat of the Basel Convention
and the North Atlantic Treaty Organization (NATO).  Country reports
were submitted to the meeting, dealing with the main environmental
problems caused by military activities, environmental objectives for
conducting military activities, means for reaching the goals, and
environmental policy for the military sector.  The meeting helped to
define the situation in the member countries of the ECE with regard to
the environmental problems caused specifically by military activities,
progress in solving these problems and the military sector's
contribution to the implementation of national environmental policies.

UNEP, in cooperation with ESCAP, organized a subregional meeting on
military activities and the environment for South-East Asian countries
in Bangkok, from 26 to 28 June 1996.  The meeting was attended by
representatives from Cambodia, Indonesia, the Lao People's Democratic
Republic, Malaysia, the Philippines, Thailand and Viet Nam.  The
representatives presented country reports on the main environmental
problems related to military activities, environmental objectives for
conducting military activities, means for reaching the goals,
environmental policy for the military sector, and the military
sector's contribution to the enhancement of the environment in the
countries concerned.  The discussion at the meeting centered on these
issues.  In concluding the meeting, the representatives declared their
wish to enhance international cooperation within the subregion to deal
with the subject of military activities and the environment.  A
similar meeting for South Asian countries will be held in Bangkok in
October 1996.


      M.  INTERNATIONAL TRADE IN POTENTIALLY HARMFUL CHEMICALS

Objective:

To ensure that international trade in all types of potentially harmful
chemicals is conducted in a safe and environmentally sound manner
taking due account of the rights of, and fully respecting matters of
health and environment of, transit and importing States and, to this
end, to ensure the safe and environmentally sound management of
potentially harmful chemicals.

Strategies:

Review, update and strengthen the London Guidelines for the Exchange
of Information on Chemicals in International Trade, as amended, with
particular emphasis on the PIC procedure, promote their wide and
effective implementation, and consider the development of legally
binding instruments and other appropriate programmes.

Status of implementation:

1.   Code of Ethics on International Trade in Chemicals 

To ensure full attainment of the objectives set out in the London
Guidelines, as amended in 1989, UNEP provided an international forum
to private sector parties, such as industry and non-governmental
organizations, to prepare a code of ethics on the international trade
in chemicals to complement the London Guidelines.  The preparation of
such a code is envisaged in Chapter 19, paragraph 50, of Agenda 21. 
Between 1992 and 1994, UNEP convened four sessions of informal
consultations for the preparation of a code and on 9 August 1994, the
Code of Ethics on the International Trade in Chemicals was issued by
UNEP to guide the private sector in enhancing safety in the
international trade in chemicals. 

The Code was initially distributed to 185 industry associations and 77
non-governmental organizations worldwide.  It was also sent to the
Governments of all States and relevant inter-governmental
organizations.  It is complementary, though broader in scope, to the
amended London Guidelines, which are targeted at Governments.  It
takes into account the entire life-cycle of chemical production,
transport, use, and disposal, and has been developed for the purpose
of reducing health and environmental risks.  Wide application of the
Code was recommended by the International Conference on Chemical
Safety, where 114 Governments met in late April 1994 in Stockholm. 
The second session of CSD in May 1994 also called for the Code's
application on as wide a scale as possible, and reinforced industry's
role as a major player in furthering the objectives of Agenda 21.  By
the end of July 1996, the following had notified UNEP of their
intention to apply the Code: the European Chemical Industry Council,
75 member companies of the Japan Responsible Care Council (the Japan
Chemical Industry Association), the European Fertilizer Manufacturers'
Association, the Spanish Chemical Industry Federation and the
International Union of Pure and Applied Chemistry.

2.   Intergovernmental Forum on Chemical Safety

UNEP, the International Labour Organization (ILO) and the World Health
Organization (WHO), in the context of the International Programme on
Chemical Safety, jointly organized the International Conference on
Chemical Safety in Stockholm, Sweden in April 1994 and assisted
Governments to establish the Intergovernmental Forum on Chemical
Safety (IFCS).  The need to establish the Forum was identified in
Agenda 21, chapter 19.  The first meeting of the Intersessional Group,
the subsidiary body of IFCS, was held in Bruges, Belgium in March 1995
and discussed actions for the implementation of chapter 19 of Agenda
21 recommended by the International Conference on Chemical Safety.  At
its second meeting, held in Canberra, Australia, in March 1996, the
Intersessional Group further considered the matter.

The assessment of the short list of persistent organic pollutants
(POPs) undertaken in accordance with UNEP Governing Council decision
18/32 was followed by an IFCS Expert Meeting on POPs and an IFCS ad
hoc working group on POPs, held in Manila, the Philippines in June
1996 (further details may be found below, under the section dealing
with POPs).

3.   Inter-Organization Programme for the Sound Management of Chemicals

A memorandum of understanding concerning the establishment of an
Inter-Organization Programme for the Sound Management of Chemicals
(IOMC) was agreed among UNEP, ILO, FAO, WHO, United Nations Industrial
Development Organization (UNIDO), and OECD at an inter-agency meeting
held in Paris in November 1994.  The programme arose from the need for
a coordinated and holistic approach and strengthening partnerships
among these organizations, with respect to their activities in the
field of chemicals as identified in chapter 19 of Agenda 21.  The
memorandum of understanding entered into force on 13 March 1995.  An
Inter-Organization Coordinating Committee, comprising representatives
of the six participating organizations, meets regularly to discuss
matters of common interest in the field of chemicals.   

4.   Prior Informed Consent (PIC) Instrument

In January 1993, the third session of the Ad Hoc Working Group of
Experts on the Implementation of the Amended London Guidelines, in
compliance with paragraphs 38 and 39 of Chapter 19 of Agenda 21,
recommended that UNEP should establish a task force to consider
modalities for the development of a legally binding instrument for the
mandatory application of a PIC procedure concerning banned or severely
restricted chemicals.  In accordance with that recommendation, UNEP
convened, in September 1993 and March 1994, meetings of the Task Force
were held with the participation of Governments and representatives of
relevant organizations to consider and identify elements of such an
instrument.  On the basis of the work of the Task Force, at the fourth
session of the Ad Hoc Working Group, in April 1994, the
representatives of 55 Governments identified a set of elements which
might be included in the future legally binding instrument on PIC.  

At its second session in New York, in May 1994, CSD recommended that
UNEP and FAO, in close cooperation with other international
organizations, should continue to evaluate and address problems
impeding the implementation of the voluntary PIC procedure and to
develop effective legally binding instruments concerning the PIC
procedure.  In November 1994, at its one hundred and seventeenth
session, the FAO Council, having noted the work already done by UNEP
for the development of a PIC instrument including possible elements of
such an instrument, agreed that the FAO Secretariat should proceed
with the preparation of a draft PIC instrument.

An informal consultative meeting was convened by UNEP together with
FAO in Geneva in December 1994 to consider major issues related to the
development of a PIC instrument. The meeting was attended by
representatives of 24 Governments, and relevant intergovernmental
organizations and non-governmental organizations.  The participants
supported the development of such an instrument and suggested that the
Executive Director of UNEP seek a mandate to start negotiations.

At its eighteenth session, by decision 18/12 of May 1995, the
Governing Council of UNEP authorized the Executive Director to prepare
for and convene, with FAO and in consultation with Governments and
other organizations, an intergovernmental negotiating committee, with
a mandate to prepare an international legally binding instrument for
the application of the PIC procedure.  The Governing Council also
requested the Executive Director to convene, together with the
Director General of FAO, a diplomatic conference for adopting and
signing the instrument, preferably not later than early 1997.

The first session of the Intergovernmental Negotiating Committee
Meeting for an International Legally Binding Instrument for the
Application of the Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade was held in
Brussels, Belgium, from 11 to 15 March 1996, attended by
representatives of 80 Governments and the European Community. 
Observers from relevant intergovernmental and non-governmental
organizations also attended the meeting.  The meeting, on the basis of
the work done by the Ad Hoc Working Group of Experts on the
Implementation of the Amended London Guidelines, identified potential
elements to be included in the PIC instrument.  In addition, the work
had commenced on the identification of modalities of identification of
chemicals to be covered by such an instrument.  The session also
agreed on rules of procedure and completed a preliminary review of a
draft outline of the future agreement.  The second session of INC/PIC
will be organized by UNEP and FAO in Nairobi from 16 to 20 September
1996.

5.   Further Measures

Pursuant to Governing Council decision 18/12, a meeting of government-
designated experts on further measures to reduce risks from a limited
number of hazardous chemicals was convened by UNEP in Copenhagen,
Denmark, in April 1996.  The meeting considered health or
environmental problems where international action might be needed to
reduce risks from a limited number of hazardous chemicals.  The
meeting recommended that the nineteenth session of the UNEP Governing
Council should address the following subjects:  unwanted stocks of
pesticides and other chemicals; capacity-building in the field of
chemicals; inadequate chemical information; and issues related to risk
reduction from a limited number of hazardous chemicals, including
possible bans or phase-outs.

During the meeting, the group of experts took note of a proposal by
two Governments regarding the possible benefits of an integrated
international legal mechanism concerning the management of hazardous
chemicals and invited the Executive Director of UNEP, the Director-
General of FAO, and the President of IFCS to seek the views of
Governments on this issue for consideration by the UNEP Governing
Council at its nineteenth session, by the FAO Council and by IFCS. 
The group of experts endorsed the view that consideration of such a
measure should not impede progress on current or possible future
negotiations to manage hazardous chemicals.

6.   Persistent Organic Pollutants (POPs)

By its decision 18/32, the Governing Council of UNEP invited IOMC,
working with the International Programme on Chemical Safety (IPCS: its
members include UNEP, ILO and WHO) and IFCS, to initiate an
expeditious assessment process, beginning with the short list of
twelve persistent organic pollutants (POPs) that is currently being
discussed by ECE in the context of the Convention on Long-range
Transboundary Air Pollution.  The Global Programme of Action adopted
at the Intergovernmental Conference in Washington D.C., 23 October-3
November 1995, identified the need for international action to develop
a global, legally binding instrument for the reduction and/or
elimination of emissions and discharges and where necessary the
elimination of manufacture and use, and illegal traffic in POPs.


In October 1995, UNEP, on behalf of IOMC, had initiated the assessment
process of POPs, in close cooperation with IPCS.  The first session of
an IOMC Ad Hoc Working Group on POPs was held in Washington, D.C., on
28 October 1995, followed by its second session in Canberra on 9 March
1996, which was recognized by the second meeting of the Intersessional
Group of IFCS as an IFCS Ad Hoc Working Group meeting on POPs.  The
assessment process had been further carried on by an IFCS experts'
meeting on POPs held in Manila, the Philippines, from 17 to 19 June
1996.  On 21 and 22 June 1996, an IFCS Ad Hoc Working Group meeting on
POPs was held in Manila.  Among various conclusions and
recommendations addressed to the UNEP Governing Council and the World
Health Assembly for their consideration, the Working Group concluded
that international action, including a global legally binding
instrument, is required to reduce the risks to human health and the
environment arising from the release of the 12 specified POPs.  The
programme of action must take into account that the 12 specified POPs
include pesticides, industrial chemicals and unintentionally produced
by-products and contaminants, and that, in the framework of
overarching objectives to be negotiated by an intergovernmental
negotiating committee, different approaches are needed for each
category of POPs.  It concluded that a process will be required to
develop science-based criteria and a procedure for identifying POPs in
addition to the 12 specified in UNEP Governing Council decision 18/32
as candidates for future international action and recommended that an
expert group should be established to carry out this work.
 
7.   Capacity Building

UNEP, in collaboration with FAO and UNITAR, held a workshop on the
implementation of PIC and the sound management of chemicals for
countries of Southern and Eastern Africa in Johannesburg, South
Africa, from 4 to 8 September 1995 and another on the sound management
of chemicals and the implementation of PIC for countries of Western
and Central Africa in Accra, Ghana, from 22 to 26 July 1996.  UNEP
gave presentations on chemical legislation, the negotiations on a PIC
instrument, the Code of Ethics and the strengthening of national
capabilities and capacities for chemicals management.

UNEP will host a subregional workshop on chemicals legislation in
October 1996 in Kyrgyzstan.  Full details of the UNEP training and
education programme in the area of environmental law and institutions
may be found above, under Programme Area G: Environmental awareness,
education, information and public participation.


N.  ENVIRONMENTAL PROTECTION AND INTEGRATED MANAGEMENT, DEVELOPMENT
    AND USE OF INLAND WATER RESOURCES

Objective:

To prevent, reduce and control the degradation of inland water
resources through the application, as appropriate, of an integrated
approach to the development, management and use of water resources,
thereby assisting States to prevent disputes and ensure that adequate
supplies of water of good quality are maintained for the entire
population of this planet.

Strategy:

     (a)  Encourage the development of cooperative mechanisms between
          States including, as appropriate, international legal
          instruments for the protection and integrated management,
          development and use of transboundary water resources with a
          view to the prevention, reduction, control and reversal of
          their degradation and for the prevention and peaceful
          resolution of disputes between States; 

     (b)  Promote the development of national legislation, institutions
          and programmes for the protection and efficient management of
          inland water resources, with particular emphasis on
          maintaining an adequate supply of safe drinking water, while
          preserving the hydrological, biological and chemical
          functions of ecosystems, adapting human activities within the
          capacity limits of nature and combating vectors of water-
          related diseases.

Status of implementation:

1.   Legislative guidelines for integrated water management

UNEP is in the process of preparing legislative guidelines for
integrated water management dealing with the environmental management
of fresh and coastal water resources.  The guidelines are expected to
cover such broad themes as: planning, development and conservation,
including EIA; access: water rights and abstraction permits; pollution
control: ambient standards, discharges and cleanup; liability,
enforcement, compliance and dispute prevention and resolution;
transboundary water resources; institutional arrangements; and
equitable use.  

2.   Caspian Sea

A joint UNEP/UNDP/World Bank fact-finding mission to the Caspian Sea
region was undertaken during March and April 1995 to assess the
environmental situation in the region, the need for assistance,
modalities for legal and institutional responses, and to assess the
possible development of a regional convention for cooperation with
regard to the Caspian Sea.

A meeting of legal experts on environmental cooperation in the Caspian
region was organized by UNEP in Geneva from 12 to 14 December 1995 as
a practical follow-up to the joint UNEP/UNDP/World Bank fact-finding
mission, with government representatives from Azerbaijan, Iran,
Kazakstan, the Russian Federation and Turkmenistan in attendance.  The
objective of the meeting was to promote a legal framework of
environmental cooperation in the region where the critical
environmental situation (sea-level rise, pollution and depletion of
living resources) is combined with a number of complex political and
developmental factors, including the emergence of newly independent
States, the unresolved legal status of the Caspian and prospects of
intensive oil exploration and exploitation.  

The expert meeting promoted a constructive discussion which led to an
understanding that the problem of defining the legal status of the
Caspian should not delay or undermine environmental cooperation in the
region.  The earlier report of the joint UNDP/UNEP/World Bank fact-
finding mission, in which legal and institutional matters were among
the major components, emphasized that legal cooperation in the Caspian
region had two distinct objectives:  first, to enhance national legal
institutional capacities, including the harmonization of national
legal regimes; and second, to create an effective institutional legal
framework for environmental cooperation in the Caspian region. UNEP
was requested to prepare and convene during 1996 at least two meetings
to discuss the basic elements of a framework convention on
environmental cooperation in the Caspian and to prepare an initial
draft. 

3.   Special Initiative on Africa

On 15 March 1996, the United Nations launched the United Nations
System-wide Special Initiative on Africa to support development on the
continent.  UNEP was designated chair of the Working Group on Water
under the Initiative.  The Working Group on Water will address the
sustainable and equitable use of freshwater, household water security,
freshwater assessment and water for food production.  UNEP has been
designated the lead on the sustainable use of, and equitable access
to, freshwater resources.

At a UNEP-sponsored meeting in October 1995, attended by African water
experts, agreement was reached on a new "fair share" strategy within
and among African countries.  Based on this and on the key principles
and priorities as set forth in the Southern African Development
Community (SADC) Policy and Strategy on Equity-Led Growth for
Sustainable Development a "fair-share" water strategy has been
developed by UNEP and consultations held with SADC for its
implementation in the countries of Southern Africa.  The overall
project objective is to develop and apply fair share water principles
and guidelines and develop and apply guidelines and tools for
environmental, economic and equity impact assessments.

4.   UNEP/UNDP Joint Project on Environmental Law and Institutions in
     Africa

Under the UNEP/UNDP Joint Project on Environmental Law and
Institutions in Africa, a subregional project has been established in
Kenya, Uganda and the United Republic of Tanzania to focus on the
development of national framework environmental laws and legal regimes
for the management of wildlife resources and the resources of Lake
Victoria, in coordination with other United Nations work in the
region.  A full account of the activities under this Project is
provided above, under Programme Area A:  Enhancing the capacity of
states to participate effectively in the development and
implementation of environmental law.

5.   Multilateral Working Group on Environment

Information on UNEP work in the Multilateral Working Group on
Environment may be found above, under Programme Area D:   Dispute
avoidance and settlement.


                O.  MARINE POLLUTION FROM LAND-BASED SOURCES

Objective:

To prevent, reduce and control pollution of the marine environment and
degradation of coastal areas from land-based sources of pollution, and
to reduce or minimize the adverse effects that have already occurred.

Strategy:

Cooperate in the development of regional treaties, protocols or other
instruments regarding the degradation of the marine environment from
land-based activities, where necessary, update and strengthen the
Montreal Guidelines for the Protection of the Marine Environment from
Land-based Sources of Pollution and promote their widest possible
acceptance by States; and consider the elaboration, if necessary of a
global instrument, in accordance with the relevant provisions of the
1982 United Nations Convention on the Law of the Sea (UNCLOS).

Status of implementation:

Pursuant to Governing Council decision 17/20 of 21 May 1993 and
chapter 17 of Agenda 21, three meetings of government-designated
experts to discuss land-based marine pollution were scheduled for
1993-1995.  The first of these three meetings, a preliminary meeting
of experts to assess the effectiveness of the regional seas
agreements, was held in Nairobi in December 1993.  The meeting
reviewed experiences of Governments and relevant organizations in the
implementation and/or development of regional seas agreements for the
protection of the marine environment from land-based activities and
considered the effectiveness and adequacy of relevant regional seas
agreements in protecting the marine environment from land-based
activities.
  
1.   Global Programme of Action for the Protection of the Marine
     Environment from land-based Activities

A meeting of government-designated experts focusing on the 1985
Montreal Guidelines for the Protection of the Marine Environment from
Land-Based Sources of Pollution was held in Montreal, Canada from 6 to
10 June 1994.  Following the successful conclusion of that meeting,
UNEP coordinated intersessional work on a draft global programme of
action for the protection of the marine environment from land-based
activities, prior to the final preparatory meeting in Reykjavik,
Iceland from 6 to 10 March 1995.  The main objective of the Reykjavik
meeting was to review the draft Global Programme of Action prepared by
UNEP.  UNEP provided secretariat services, assisting with drafting and
advice where appropriate.

At its eighteenth session, the UNEP Governing Council welcomed the
progress made at the Reykjavik meeting, as well as that made at the
previous meeting of Government-designated experts held in Montreal,
Canada.  In accordance with Governing Council decision 18/31, the
Executive Director made arrangements to hold the Intergovernmental
Conference to Adopt a Global Programme of Action for the Protection of
the Marine Environment from Land-based Activities in Washington, D.C.,
from 23 October to 3 November 1995.  At the Washington Conference, the
Global Programme of Action was adopted and UNEP was selected to
provide the secretariat.

As follow-up to the Washington Conference, UNEP prepared a paper
explaining how it intends to carry out its secretariat functions under
the Global Programme of Action.  The proposal was prepared by UNEP
with inputs from other agencies, selected governments and non-
governmental organizations.  The proposal was presented to the
Intersessional Meeting of CSD in February 1996 and to the fourth
session of CSD in April 1996 as the basis for a draft resolution on
institutional arrangements for implementation of the Global Programme
of Action, to be considered by the United Nations General Assembly at
its fifty-first session in late 1996.  

An inter-secretariat consultation on implementation of the Global
Programme of Action, attended by UNEP representatives and those of a
number of regional seas programmes, including the Black Sea
Environmental Programme, Caribbean Environment Programme, South-East
Pacific Action Plan, Mediterranean Action Plan, Northwest Pacific
Action Plan, SACEP, the South Pacific Regional Action Programme
(SPREP) and also the Oslo and Paris Commissions, was held on 13 and 14
May 1996.  The meeting discussed the role envisaged for the regional
seas programmes in the UNEP implementation plan, reviewed the status
of regional activities relevant to the Global Programme of Action,
including plans for future activities and timetables, identified the
assistance required for implementing regional programmes of action
relevant to the Global Programme of Action, discussed inter-regional
cooperation in implementing the Global Programme of Action and
discussed cooperation with international organizations.  

A joint inter-secretariat and interagency consultation was attended by
the same representatives as noted above, as well as eight United
Nations Agencies, namely,  FAO, the International Atomic Energy Agency
(IAEA), the International Maritime Organization (IMO), the UNESCO
Intergovernmental Oceanographic Commission (IOC), UNDP, UNIDO, WHO,
and the World Meteorological Organization (WMO).  At this meeting, on
15 and 16 May 1996, the participants discussed the implementation of
regional components of the Global Programme of Action as identified at
the inter-secretariat consultation, each source-category component of
the data directory and the need to establish inter-organizational
mechanisms for coordinated implementation of the Global Programme of
Action.  

The first meeting of the Joint Group of Experts on Scientific Aspects
of Marine Environmental Protection (GESAMP) Working Group on Marine
Environmental Assessments, was attended by six technical secretariats
for GESAMP (IMO, FAO, IOC, IAEA, WMO and UNEP), 10 experts from GESAMP
and representatives of UNEP, was held on 17 and 18 May 1996.  The
Group recommended the establishment of a standing working group and
terms of reference including the preparation of a report on land-based
activities as a first step towards the periodic assessment of the
state of the marine environment.  The report is expected to be
completed by 1998.

2.   Persistent organic pollutants (POPs)

There is agreement that international action is needed to develop a
global, legally binding instrument for the reduction and/or
elimination of emissions and discharges and, where necessary, the
elimination of manufacture and use, and illegal traffic in POPs.  UNEP
activities in this area are discussed above, under Programme Area M: 
International trade in potentially harmful chemicals. 


               P.  MANAGEMENT OF COASTAL AREAS

Objectives:

To promote the integrated management and sustainable development of
coastal areas.

Strategies:

Promote, in cooperation with relevant United Nations and other
competent international bodies, the application of the concept of
sustainable development in the management of coastal areas and the
pursuit, for this purpose, of an integrated approach, through
effective action at the national, subregional and regional levels.

Status of implementation:

1.  Integrated Coastal Management

UNEP is initiating and promoting the concept of integrated management
of watersheds, river basins, estuaries, and marine and coastal areas,
which provides a comprehensive ecosystem-based approach to the
protection of freshwater, coastal and ocean resources.  Coastal area
management concentrates on problems in the dynamic and ecologically
sensitive coastal zone and a wider zone including the hinterland which
influence coastal processes and can extend over an entire watershed
including river basins.  The management of coastal areas is linked to
the environmentally sound management of resources in the hinterland,
including the quality and quantity of water flow and the transport of
soil sediments and pollutants.  

UNEP took part in the Conference on Integrated Coastal Zone Management
in Eastern Africa including Island States, held in Arusha, United
Republic of Tanzania, 21-23 April 1993.  The importance was recognized
of the Nairobi Convention on the Protection, Management and
Development of the Coastal and Marine Environment in the Eastern
African Region, and countries were encouraged to ratify or accede to
the Convention.

Within the framework of the Action Plan for the Protection, Management
and Development of the Marine and Coastal Environment of the Eastern
African Region, UNEP is in the process of preparing a document on
practical steps in the integrated coastal area management (ICAM)
process.  These practical steps are a means of communicating the UNEP
experience in ICAM  throughout the Regional Seas Programme, to assist
with developing on-the-ground practical steps for implementing the
ICAM process for sustainable development.  UNEP has assisted the
countries of the Comoros, Kenya, Mozambique and the United Republic of
Tanzania with the development of ICAM strategies.

2.  International Coral Reef Initiative

Concern over the plight of coral reefs has been raised at numerous
international fora, including CBD, the Framework Convention on Climate
Change, the Global Programme of Action , and the Global Conference on
the Sustainable Development of Small Island Developing States.  In
1994, the International Coral Reef Initiative (ICRI) was proposed and
supported by Governments, United Nations Organizations including UNEP,
regional organizations, multilateral development banks and non-
governmental organizations.  ICRI, inter alia, calls for Governments
and international organizations to strengthen commitment to and
implementation of programmes to protect and conserve the reefs and to
incorporate management provisions for the protection and restoration
of the reefs and associated environments.  In its decision 18/33, the
UNEP Governing Council welcomed ICRI, and encouraged the regional
programmes of UNEP, particularly the Regional Seas Programme, to
incorporate recommendations of the coral reef initiative workshop, as
appropriate, into relevant UNEP activities and, whenever appropriate,
to translate them into concrete supporting measures on protection and
conservation.  An international workshop was held from 29 May to 2
June 1995 to develop a consensus framework for action and regional
meetings have been held throughout 1995 and 1996.  At the regional
meetings Governments were encouraged to develop and adopt integrated
coastal management measures, including, the enforcement of regulations
to protect the marine environment.

3.  Legislative Guidelines for Integrated Water Management

UNEP is in the process of preparing legislative guidelines for the
integrated water management of fresh and coastal water resources. 
Further information on this may be found above, under Programme Area
N:  Environmental protection and integrated management, development
and use of inland water resources.

4.  Capacity-building

UNEP provides assistance to Governments, upon request, for the review
and development of national environmental legislation.  This included,
in August 1996, a mission to Lebanon, at the Government's request, to
assist with the development of a coastal zone management act, and the
development of legislation on the conservation of marine areas for
Tuvalu in May 1996.  Further information on UNEP capacity-building
programme may be found above, under Programme Area A:  Enhancing the
capacity of states to participate effectively in the development and
implementation of environmental law.

5.  International environmental conventions

At the second meeting of the Conference of the Parties to CBD, held in
Jakarta in late 1995, the Parties decided to request the Subsidiary
Body on Science, Technology and Technological Advice to the Convention
to establish a three-year panel on marine and coastal biological
diversity to examine, in particular, protected areas, sustainable use,
integrated management, introduction of alien species and mariculture.

Under CMS, various agreements have been or are in the process of being
developed for species and habitat conservation measures, management
plans, research and monitoring, and public education and awareness. 
These agreements deal with such issues as small cetaceans in the
Baltic and North Seas, cetaceans in the Mediterranean and Black Seas,
common seals in the Wadden Sea and marine turtles.  

Further information on specific activities relating to international
environmental conventions may be found above, under Programme Area B: 
Implementation of international legal instruments in the field of the
environment and C:  Adequacy of existing international instruments.

6.  Global Programme of Action for the Protection of the Marine
Environment from Land-based Activities 

The Global Programme of Action, adopted at the Intergovernmental
Conference in Washington, D.C., from 23 October to 3 November 1995,
will also contribute to the protection of coastal resources.   Details
of the Global Programme of Action may be found above, under Programme
Area O:  Marine pollution from land-based activities.

7.  Sustainable Development of Small Island Developing States

A Global Conference on the Sustainable Development of Small Island
Developing States was held in Barbados from 25 April to 6 May 1994. 
The meeting produced a Programme of Action which deals with, inter
alia:  climate change and sea-level rise; management of wastes;
coastal and marine, freshwater, land, energy, tourism, and
biodiversity resources; and institutions and administrative capacity. 
In the area of legislation the Programme called for:

     (a)  At the national level, development of new legislation and
          revision of existing legislation where appropriate to support
          sustainable development, incorporating customary and
          traditional legal principles where appropriate, backed up
          with training and adequate resources for enforcement;

     (b)  At the regional level, support for national efforts to
          develop comprehensive legislation in support of sustainable
          development, and to ratify and implement international
          conventions, support for legal training and training manuals
          in areas of EIA, cultural heritage, pollution, civil
          enforcement, mediation and prosecution, and encouragement,
          where appropriate, for the harmonization of environmental
          legislation and policies within and between small island
          developing States in order to ensure high levels of
          environmental protection; and

     (c)  At the international level, programmes to enhance the
          capacity of small island developing States to develop and
          implement national legislation, including training in all
          aspects of environmental law and, where applicable, customary
          law, strengthening capacity to participate effectively in the
          negotiation of new or revised agreements or instruments and
          national efforts to implement international agreements or
          instruments.

UNEP has provided assistance to several small island developing States
in developing national environmental legislation, including the Cook
Islands, Kiribati, Maldives, Sao Tome and Principe, Seychelles,
Trinidad and Tobago, Tuvalu and Western Samoa.   Full details of the
UNEP capacity-building programme are given above, under Programme Area
A:  Enhancing the capacity of states to participate effectively in the
development and implementation of environmental law.


    Q.  PROTECTION OF THE MARINE ENVIRONMENT AND THE LAW OF THE SEA

Objective:

To assist States, as appropriate, to promote the protection of the
marine environment through the development, and effective
implementation of, international law in that field including regional
cooperation and those instruments developed under the regional seas
programme.

Strategy:

Promote the application of, and respect for, international law related
to protection of the marine environment as reflected in the 1982
United Nations Convention on the Law of the Sea and in other relevant
international instruments, which law provides the basis on which to
pursue protection and sustainable development of the marine
environment.

Status of implementation:

1.   Regional seas agreements

Over the last 20 years, UNEP has assisted in developing the current
nine regional seas conventions, 24 protocols and 13 action plans
addressing issues of environmental management and protection of the
marine environment.  UNEP serves as secretariat to some of these
conventions and has provided catalytic funding through the Regional
Seas Programme, although with the current financial situation this is
becoming very difficult.
  
2.   Action Plan for the Protection and Management of the Marine and
     Coastal Environment of the South Asian Seas Region

By Governing Council decision 18/39, the Executive Director was called
upon to develop further and implement the Action Plan for the
Protection and Management of the Marine and Coastal Environment of the
South Asian Seas Region.  This Action Plan would provide assistance to
Bangladesh, India, Maldives, Pakistan and Sri Lanka.

3.   East Asian Seas Action Plan

The UNEP Regional Coordinating Unit for the East Asian Seas Action
Plan and UNU have negotiated a joint project to support development of
the East Asian Seas Action Plan.  The project, will, inter alia,
undertake policy research with regard to compliance with international
environmental treaties and instruments in the region, including the
Global Programme of Action.  Member States include Australia,
Cambodia, China, Indonesia, Malaysia, the Philippines, the Republic of
Korea, Singapore, Thailand and Viet Nam.

4.   Northwest Pacific Action Plan

An ad hoc meeting of technical experts for the North West Pacific
Action Plan (NOWPAP) is planned to be held from 9 to 11 September
1996, to discuss a draft programme document prepared by UNEP in
consultation with other international and regional organizations, as
requested by the First Intergovernmental Meeting on NOWPAP.  This
draft document outlines operational details of projects to be
developed on the basis of priorities, and will be finalized at this
meeting, for submission to the Second Intergovernmental Meeting,
planned for 20 November 1996 in Tokyo, Japan.

5.   Wider Caribbean region

From 3 to 8 June 1996 a meeting of Parties to the Convention for the
Protection and Development of the Marine Environment of the Wider
Caribbean Region met to consider a draft protocol on protection of the
marine environment from pollution from land-based activities.  A
second meeting to discuss the draft is tentatively scheduled for early
1997.

6.   Eastern African region

UNEP took part in the Conference on Integrated Coastal Zone Management
in Eastern Africa including Island States, held in Arusha, the United
Republic of Tanzania, 21-23 April 1993.  The importance was recognized
of the Nairobi Convention for the Protection, Management and
Development of the Coastal and Marine Environment in the Eastern
African Region, and countries were encouraged to ratify or accede to
the Convention.

Work is under way to conclude a draft host Government agreement
between the United Nations and Seychelles for the establishment of a
regional coordinating unit for the Eastern African region, to guide
activities undertaken under the auspices of the Eastern African Action
Plan.

7.   Mediterranean region

Work is also under way to conclude a host Government agreement between
UNEP and the Government of Croatia regarding the establishment of a
priority action programme, with a regional activity centre at Split,
Croatia, under the auspices of the Mediterranean Action Plan and
Convention for the Protection of the Mediterranean Sea Against
Pollution.

8.   Western and Central African region

On 7 February 1996, a host Government agreement was signed by
Executive Director of UNEP and the Government of Co^te d'Ivoire
regarding the establishment of a regional coordination centre under
the auspices of the Convention for Cooperation in the Protection and
Development of the Marine and Coastal Environment of the West and
Central African Region.

9.   United Nations Convention on the Law of the Sea

UNEP has responsibility for assisting with the implementation of the
United Nations Convention on the Law of the Sea.  By its resolution
49/28 of 6 December 1994, the General Assembly invited "the competent
international organizations [which include UNEP] to assess the
implications of the entry into force of the Convention in their
respective fields of competence and to identify additional measures
that may need to be taken as a consequence of its entry into force
with a view to ensuring a uniform, consistent and coordinated approach
to the implementation of the provisions of the Convention throughout
the United Nations system".  

The UNEP Regional Seas Programme, whose activities are described
above,  is one of the mechanisms for implementing United Nations
Convention on the Law of the Sea.  Other activities in the field of
environmental law include the establishment of 
a list of experts, nominated by Governments, in the field of
protection and preservation of the marine environment for constituting
a special arbitral tribunal pursuant to Article 2 of Annex VIII to the
Convention.  The list, when established, will be maintained by UNEP.

The Global Programme of Action is expected to contribute to the
implementation of provisions of the Convention concerning the
protection and preservation of the marine environment (Part XII), in
particular, pollution from land-based sources.  

10.  Marine Mammals

A comprehensive review of legal aspects of the conservation of aquatic
mammals was commissioned by UNEP under the auspices of the Marine
Mammal Action Plan.  This report covers, inter alia, the legal
framework, including the United Nations Convention on the Law of the
Sea, recent  related conventions and other principles; threats to
aquatic mammals and their habitat, such as the effects of fisheries
and degradation of habitats; and new approaches to the enforcement of
legal measures.  It is expected to be published by the end of 1996.

11.  Code for the Safe Carriage of Irradiated Nuclear Fuel, Plutonium
     and High-level Radioactive Wastes in Flasks on board Ships

UNEP has continued to follow the development of the Code for  the Safe
Carriage of Irradiated Nuclear Fuel, Plutonium and High-level
Radioactive Wastes in Flasks on board Ships.  UNEP took part in the
Joint IAEA/IMO/UNEP Working Group which developed the Code.  This work
was concluded in 1993 with the adoption of the Code by IMO General
Assembly Resolution A.748(18), of 4 November 1993.  From 4 to 6 March
1996, UNEP took part in the Special Consultative Meeting of Entities
Involved in the Maritime Transport of Nuclear Materials Covered by the
Code, organized by IMO to continue to review the Code.  The Maritime
Safety Committee and Maritime Environment Protection Committee of IMO
have requested UNEP to contribute to a consideration of the
environmental impact of accidents involving irradiated nuclear fuel
materials.  A report on the Code will be made to the nineteenth
session of UNEP Governing Council.


      R.  INTERNATIONAL COOPERATION IN ENVIRONMENTAL EMERGENCIES

Objective:

To achieve effective international, as well as regional cooperation in
the monitoring, assessment, anticipation, prevention of, and response
to environmental emergencies, and to develop appropriate legal
arrangements for cooperation and assistance in dealing with
environmental emergencies.

Strategy:

To develop, in cooperation with relevant agencies and organizations,
necessary arrangements at appropriate levels, and where appropriate on
a sectoral basis, for effective cooperation and assistance in dealing
with environmental emergencies.

Status of implementation:

1.   UNEP/Department of Humanitarian Affairs Environment Unit

UNEP negotiated institutional and administrative arrangements with the
United Nations Department of Humanitarian Affairs (DHA) resulting in
the establishment of a joint UNEP/DHA Unit in the Department of
Humanitarian Affairs.  The proposal for the joint unit was accepted at
the meeting of the Committee of Permanent Representatives held on 8
June 1994.  An advisory group on environmental emergencies has also
been established which will, inter alia, review the work of the joint
unit.

UNEP is carrying out a study concerning the preparation of a draft
convention on early notification and assistance in the case of
environmental emergencies.

2.   Joint UNEP/UNCHS (Habitat) Task Force on the Continuum from Relief
     to Development

UNEP is developing innovative responses to complex emergency
situations through the Joint UNEP/UNCHS (Habitat) Task Force on the
Continuum from Relief to Development.  The Task Force is looking at
the integration of settlements and environment-related activities as
part of interventions in the various phases of the continuum from
disaster to rehabilitation, reconstruction and sustainable
development.

3.   Capacity-building

In January 1996, UNEP assisted Lesotho with the preparation of a
Disaster Management Bill, which has gone to Parliament for
consideration.  UNEP worked with the Lesotho Disaster Management
Authority in this effort.  Full details of the UNEP capacity-building
programme may be found above, under Programme Area A: Enhancing the
capacity of States to participate effectively in the development and
implementation of environmental law.


          S.  ADDITIONAL SUBJECTS FOR POSSIBLE CONSIDERATION DURING
                             THE PRESENT DECADE

Seven other subjects were identified under the Montevideo II Programme
as areas where action by the appropriate international bodies to
develop international legal responses may be appropriate during the
1990s.  The activities undertaken that relate to these areas are
outlined below.

1.  Environmental protection of areas beyond the limits of national
    jurisdiction

Except for activities to assist with the implementation of the Ozone
Convention and the Framework Convention on Climate Change, no legal
activities have been undertaken by UNEP to date under this heading.

2.   Use and management of biotechnology, including question of
     intellectual and property rights with respect to genetic resources

UNEP convened a Global Consultation of Government-Designated Experts
on International Technical Guidelines for Safety in Biotechnology in
Cairo from 11 to 14 December 1995.  The representatives of 59
Governments, the European Commission, the Secretariat of CBD and other
intergovernmental and non-governmental organizations attended the
meeting.  The meeting adopted the UNEP International Technical
Guidelines for Safety in Biotechnology.  The Guidelines address the
human health and environmental safety of all types of applications of
biotechnology, from research and development to commercialization of
biotechnological products containing or consisting of organisms with
novel traits.  The meeting recommended, among other things, that UNEP
facilitate the implementation of these Guidelines at national and
regional levels.
      
UNEP and GEF co-sponsored a meeting of representatives from indigenous
and local communities in Geneva from 29 to 31 May 1996 to explore
their participation in the implementation of CBD, particularly
implementation of Article 8 of the Convention dealing with preserving
and maintaining the knowledge, innovations and practices of indigenous
and local communities.

On 8 July 1996, UNEP, in cooperation with the biotechnology industry,
held a meeting on the UNEP Biosafety Guidelines and Related Capacity-
Building Requirements, in Geneva.

From 22 to 26 July 1996, in Aarhus, Denmark, UNEP and the Secretariat
of CBD convened the first session of the open-ended ad hoc working
group to discuss the development of a protocol for the safe transfer,
handling and use of living modified organisms that may have adverse
effects on the conservation and sustainable use of biological
diversity.  Elements of the protocol were identified and agreement was
reached to hold further meetings.

3.   Liability and compensation or restitution for environmental damage

Under the Basel Convention, an ad hoc working group of legal and
technical experts has been established for the preparation of a draft
protocol on liability and compensation, possibly including the
establishment of an international fund for compensation for damage
resulting from the transboundary movement of hazardous wastes and
their disposal.  By the end of its fourth session, held in Geneva from
24 to 28 June 1996, the ad hoc working group had elaborated the draft
articles of a protocol on liability and compensation for damage
resulting from the transboundary movements of hazardous wastes and
their disposal.   

In 1994, UNEP established a working group on liability and
compensation for environmental damage arising from military activities
for consideration of issues of international law concerning liability
and compensation for environmental damage, in particular, as they
relate to the work of the United Nations Compensation Commission
(UNCC).  The Working Group aimed at providing assistance to UNCC,
recognizing that the activities of the UNCC are likely to contribute
to the further development or emergence of international law in this
area.  Further information on action in this regard may be found under
Programme area E.    

4.   Environment and trade

UNEP, as the lead agency in the United Nations system for
environmental matters, has a clear mandate to add its environmental
voice to the debate on environment and trade.  CSD has invited UNEP
and UNCTAD, jointly and in cooperation with WTO, in accordance with
their respective mandates and competencies, to undertake further
analysis on the issue of environment and trade.  CSD further invited
UNEP to continue its work on environment and trade in accordance with
its mandate and requested UNEP and UNCTAD to transmit the results of
their activities on trade, environment and sustainable development to
the Committee on Trade and Environment for consideration at the WTO
Ministerial Meeting in Singapore in December 1996.  In preparation for
this meeting, among other activities, UNEP, in cooperation with
UNCTAD, is hosting a Ministers' Meeting on Environment and Trade, on
30 September and 1 October 1996.

In 1995, UNEP, in collaboration with CIEL, undertook a study on the
use of trade measures in select multilateral environmental agreements
which examines the relationship between the General Agreement on
Tariffs and Trade (GATT)/WTO and such trade measures.  The results of
this study are contained in the publication "The Use of Trade Measures
in Selected Multilateral Environmental Agreements".  Building on this
work, UNEP and UNCTAD are currently cooperating on an empirical study
on trade measures in Multilateral Environmental Agreements.  This
study will examine trade measures in the Basel Convention, CITES and
the Montreal Protocol and consider the effectiveness of these measures
in achieving environmental objectives.  It will also examine the
economic impact of trade measures and the effectiveness of positive
measures, and comment on the contributions of the conventions to
sustainable development.  UNCTAD will conduct studies on these issues
in a series of developing country case studies.  This study is
expected to be completed by late 1996.

UNEP has initiated a study on the feasibility and need for new
international environmental instruments aiming at sustainable
development, which includes a consideration of the need for a
mechanism to harmonize the environment and trade regimes.

Environment and trade issues will remain on the international agenda
for some time to come.  For example, UNEP is currently assisting with
the negotiation and development of new environmental instruments,
which are likely to have trade implications, including instruments on
PIC and POPs and a biosafety protocol.  As a prelude to the meeting of
the Intergovernmental Negotiating Committee on PIC, a meeting of an
expert group on international environmental agreements and trade was
convened by UNEP in New York on 30 and 31 March 1995, at which the
intention was expressed to make the regime complementary to GATT/WTO.  

5.   Examination of the environmental implications of international
     agreements on subjects which do not relate directly to the
     environment

Since 1994, UNEP has held several discussions with the Provisional
Technical Secretariat of the Preparatory Commission for the
Organization for the Prohibition of Chemical Weapons, in order to
identify possible areas of cooperation relating to the implementation
of the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and their Destruction, adopted
in Paris on 13 January 1993.  

6.   Environmental problems of human settlements, including their
     growth

UNEP participated in the second United Nations Conference on Human
Settlements (Habitat II) held in Istanbul, Turkey from 3 to 14 June
1996.  UNEP brought environmental problems related to human
settlements to the forefront.  Among other things, UNEP cosponsored
the workshop on rights to land and property, in which environmental
elements related to women and the legal issue of land rights were
addressed.

UNEP is developing innovative responses to complex emergency
situations through the Joint UNEP/UNCHS (Habitat) Task Force on the
Continuum from Relief to Development.  The Task Force is looking at
the integration of settlements and environment-related activities as
part of interventions in the various phases of the continuum from
disaster to rehabilitation, reconstruction and sustainable
development.

The Global Programme of Action sets out, among various issue areas,
action plans on sewage which call for development of national
programmes of action for the installation of appropriate and
environmentally sound sewage facilities, and to this end, they call
for ensuring incorporation of sewage concerns when formulating or
reviewing coastal-development and land-use plans, including human-
settlements plans.

7.   Transfer of appropriate technology and technical cooperation  

Several UNEP-administered conventions contain provisions which
encourage the transfer of appropriate technology and technical
cooperation.

The Multilateral Fund of the Montreal Protocol, administered by UNEP,
has provided a mechanism for technology transfer and technical
cooperation, in order to enable developing country Parties to the
Protocol to phase out ozone-depleting substances.


                III.  Decision of the UNEP Governing Council

   19/20.  Mid-term review of the Programme for the Development and
           Periodic Review of Environmental Law for the 1990s and further
           development of international environmental law aiming at 
           sustainable development

     The Governing Council,

     Having considered the report of the Executive Director of the
United Nations Environment Programme on the mid-term review of the
Programme for the Development and Periodic Review of Environmental Law
for the 1990s and further development of international environmental
law aiming at sustainable development,  4/

     Recalling its decision 17/25 of 21 May 1993, by which the Council
adopted the Programme for the Development and Periodic Review of
Environmental Law for the 1990s (the "Montevideo Programme II") and
decided to review the implementation of the Programme not later than
at its regular session in 1997, 

     Also recalling its decision 18/9 of 26 May 1995 requesting the
Executive Director to develop, in preparing the periodic review of
environmental law in accordance with Council decision 17/25, a
position paper for international environmental law aiming at
sustainable development and, within available resources, to prepare a
study on the need for and feasibility of new international
environmental instruments aiming at sustainable development,  

     Further recalling the request, made by the Commission on
Sustainable Development at its second session, for the United Nations
Environment Programme to study further the concepts, requirements and
implications of sustainable development and international law, as well
as Commission decision 4/6 by which it welcomed the adoption by the
Governing Council of decision 18/9 and noted with appreciation the
steps taken by the United Nations Environment Programme towards the
review of the Montevideo Programme II as an important contribution to
achieving the tasks set out in Agenda 21,

     Also recalling the invitation given to the United Nations
Environment Programme by the General Assembly in resolution 51/181 of
16 December 1996 to include in its report to the General Assembly at
its special session information and views on ways to address, in a
forward-looking manner, national, regional and international
application of the principles contained in the Rio Declaration,

     Mindful of the special session of the General Assembly to be
convened from 23 to 27 June 1997 for the purpose of an overall review
and appraisal of the implementation of Agenda 21, 1/

     Taking note with appreciation of the work done by the Meeting of
Senior Government Officials Expert in Environmental Law for the Mid-
term Review of the Programme for the Development and Periodic Review
of Environmental Law for the 1990s,  

     1.   Commends the United Nations Environment Programme for the
action it has taken to implement the Montevideo Programme II over the
period 1993-1996 and, in particular, the efficient use it has made of
the limited resources available to it;

     2.   Takes note with appreciation of the position paper on
international environmental law aiming at sustainable
development;  5/

     3.   Takes note also of the preliminary study on the need for and
feasibility of new international environmental instruments aiming at
sustainable development  6/ and requests the Executive Director to
continue the work of identifying ways of better implementing existing
and future international instruments aiming at sustainable development
and the need for and feasibility of such new instruments;

     4.   Endorses the observations and recommendations made by the
Meeting of Senior Government Officials Expert in Environmental Law for
the Mid-term Review of the Programme for the Development and Periodic
Review of Environmental Law for the 1990s on specific programme areas
of the Montevideo Programme II, 11/ and requests the Executive
Director to use them as guidance in further implementing the
Programme;

     5.   Encourages the Executive Director to implement the Programme,
as appropriate, in close cooperation with the relevant international
organizations;

     6.   Reaffirms that the environmental law programme should remain
among the major priority areas on which the United Nations Environment
Programme should concentrate in its 1998-1999 programme of work, and
that adequate resources should be allocated for its implementation,
taking into account, however, the overall financial challenges facing
the organization;

     7.   Recommends that the role of the United Nations Environment
Programme in the field of international law aiming at sustainable
development be reflected in the outcome of the Commission on
Sustainable Development at its fifth session, preceding the special
session of the United Nations General Assembly for the purpose of an
overall review and appraisal of the implementation of Agenda 21, to be
held in 1997;

     8.   Requests the Executive Director, in fulfilment of General
Assembly resolution 51/181, to submit to the special session of the
United Nations General Assembly, on behalf of the Governing Council,
the observations and recommendations made by the Meeting of Senior
Government Officials Expert in Environmental Law indicating that they
reflect the views of the Governing Council on the steps that should be
taken to apply further the principles contained in the Rio
Declaration, and to forward also the Executive Director's Mid-term
Report on the Implementation of the Programme for the Development and
Periodic Review of Environmental Law for the 1990s,  7/ indicating
that it contains information on the steps that have been taken to this
end under the Montevideo Programme since 1993.

                                                                 8th meeting
                                                             7 February 1997


                                    Notes

1/        As contained in the Executive Director's report to the
Governing Council, UNEP/GC.19/32.

2/        The composition of the expert group was geographically
balanced and included internationally recognized experts in the field
and senior governmental lawyers, all acting in their personal
capacity.

3/        As contained in the Executive Director's note to the
Governing Council of the United Nations Environment Programme,
UNEP/GC.19/INF.13.

4/        UNEP/GC.19/32.

5/        UNEP/GC.19/INF.12.

6/        UNEP/GC.19/INF.18.

7/        UNEP/GC.19/INF.13.

 


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Date last posted: 15 January 2000 16:15:30
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