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   Chapter 39: International Legal Instruments and Mechanisms

RATIFICATION OF GLOBAL AGREEMENTS
Institutional Chapter 39 Response

1. Indicator

(a) Name: Ratification of global agreements.
(b) Brief Definition: The ratification of (accession to, acceptance or approval of) selected global agreements related to sustainable development.
(c) Unit of Measurement: Number of the following agreements which have been ratified or acceded to: Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; Convention on Biological Diversity; Framework Convention on Climate Change; International Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa; The Vienna Convention for the Protection of the Ozone Layer and its Montreal Protocol on Substances that Deplete the Ozone Layer; United Nations Convention on the Law of the Sea.

2. Placement in the Framework

(a) Agenda 21: Chapter 39: International Legal Instruments and Mechanisms.
(b) Type of Indicator: Response.

3. Significance (Policy Relevance)

(a) Purpose: This indicator signifies a government's commitment to the principles and objectives of sustainable development, which are embodied in the selected global agreements.

(b) Relevance to Sustainable/Unsustainable Development: Global agreements represent global political consensus on issues of sustainable development. This consensus is, in effect, a compromise, minimum-level response to specific problems of sustainable development. Ratification demonstrates a country's commitment to work towards sustainable production and consumption patterns.

(c) Linkages to Other Indicators: This indicator is linked to the issue areas addressed by the international agreements listed in 1c above. The closely linked indicators include, for example: implementation of ratified global agreements through national legislation, amount of new and additional funding for sustainable development, land affected by desertification, protected forest area, emissions of greenhouse gases, ozone depleting substances, and imports and exports of hazardous wastes.

(d) Targets: Ratification of the selected global agreements by all countries.

(e) International Conventions and Agreements: See section 1c above.

4. Methodological Description and Underlying Definitions

(a) Underlying Definitions and Concepts: Ratification, acceptance, approval and accession means in each case the international act whereby a State establishes on the international plane its consent to be bound by a treaty. The legal system in some countries provides that a global agreement, when ratified, automatically becomes a part of existing national law. In other countries legislation is needed to give legal effect to a global agreement at national level. The conventions selected for this indicator have been chosen because they offer comprehensive coverage of sustainable development issues relevant to all countries of the world.

(b) Measurement Methods: The indicator is the number out of six selected global agreements, which have been ratified. Ratification is measured by determining whether the appropriate written instruments have been submitted for each of the selected global agreements.

(c) The Indicator in the DSR Framework: This is a Response indicator because it represents a government policy decision to address issues of sustainable development that require international co-operation.

(d) Limitations of the Indicator: Ratification does not necessarily mean implementation. Many countries require national measures to implement global obligations at the national level (see indicator on this topic). Some countries may consider that certain global agreements are not a priority to them, and therefore, not to ratify those agreements. The indicator is not very suitable for showing meaningful trends.

(e) Alternative Definitions: The indicator could have a wider scope and relate to ratification of all international agreements relevant to sustainable development.

5. Assessment of the Availability of Data from International and National Sources

(a) Data Needed to Compile the Indicator: Records of ratification.

(b) Data Availability: The data are available.

(c) Data Sources: The national government (ministry/department responsible for foreign affairs, legal affairs, or environment) or the Treaty Section of the UN Office of Legal Affairs can provide the information for this indicator.

6. Agencies Involved in the Development of the Indicator

(a) Lead Agency: The lead agency is the United Nations Environment Programme (UNEP). The contact point is the Director, Division of Environmental Assessment, UNEP; fax no.(254 2) 62 42 74.

(b) Other Organizations: Other interested parties include the Secretariat for the United Nations Framework Convention on Climate Change (UNFCCC), Secretariat for Basel Convention, UN Office of Legal Affairs, UNEP Regional Office for Asia and the Pacific.

7. Further Information

(a) Further Readings:

Texts of global agreements.

Depositary records.

UNEP ELI/PAC. Biannual Bulletin of Environmental Law.

UNEP. Computerized Environmental Law Information Base (CELIB). Available on INTERNET through GOPHER at UNEP.UNEP.NO.

UNEP. Selected Multilateral Treaties. 1983 and 1991.

UNEP. Register of International Treaties and Other Agreements in the Field of the Environment. 1993.

Burhenne/IUCN Environmental Law Centre. International Environmental Law: Multilateral Agreements.

Publications of Convention Secretariats.

(b) Other Contacts:

Director, UNEP ELI/PAC; fax no. (254 2) 230 198.

Co-ordinator, Secretariat for the Basel Convention; fax no. (41 22) 797 3420.

Executive Secretary, Secretariat for the Convention on Biological Diversity; fax no. (22 41) 797 2512.

Executive Secretary, Secretariat for the Climate Change Convention; fax no. (41 22) 979 9034.

Executive Secretary, Secretariat for the International Convention to Combat Desertification; fax no. (41 22) 979 9030 .

Coordinator, Secretariat for the Vienna Convention for the Protection of the Ozone Layer; fax no. (254 2) 226 886.

Director and Deputy to the Under-Secretary-General in Charge of the Office of Legal Affairs, Division of Ocean Affairs and the Law of the Sea, UN Office of Legal Affairs; fax no. (1 212) 963 3386.


IMPLEMENTATION OF RATIFIED GLOBAL AGREEMENTS
Institutional Chapter 39 Response

1. Indicator

(a) Name: Implementation of Ratified Global Agreements.
(b) Brief Definition: The existence of legislation for the implementation, at the national level, of international agreements related to sustainable development.
(c) Unit of Measurement: The ratio between agreements legislated for and agreements ratified from the following list of international legal instruments related to sustainable development: Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; Convention on Biological Diversity; Framework Convention on Climate Change; International Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa; The Vienna Convention for the Protection of the Ozone Layer and its Montreal Protocol on Substances That Deplete the Ozone Layer; United Nations Convention on the Law of the Sea.

2. Placement in the Framework

(a) Agenda 21: Chapter 39: International Legal Instruments and Mechanisms.
(b) Type of Indicator: Response.

3. Significance (Policy Relevance)

(a) Purpose: This indicator signifies initial government action to effectively implement ratified international agreements related to sustainable development.

(b) Relevance to Sustainable/Unsustainable Development: Ratified international agreements must be implemented at the national level in order to achieve the objectives of sustainable development.

(c) Linkages to Other Indicators: This indicator is linked to the issue areas addressed by the international agreements listed in 1c above. The closely linked indicators include, for example: ratification of global agreements, amount of new and additional funding for sustainable development, land affected by desertification, protected forest area, emissions of greenhouse gases, ozone depleting substances, and imports and exports of hazardous wastes.

(d) Targets: Provisions in national legislation for the implementation of all listed international agreements ratified by the government.

(e) International Conventions and Agreements: See 1c above.

4. Methodological Description and Underlying Definitions

(a) Underlying Definitions and Concepts: Implementation is the application of global agreements at the national level through various general and specific measures, including national programs (policies, plans, voluntary agreements with industry, capacity building, etc.), legislation (including laws, decrees, regulations, ordinances, orders, or any other legally-binding measure), financial measures, and institutional arrangements.

(b) Measurement Methods: Determine the existence of national legislation for the implementation of ratified international agreements. Express the indicator as a ratio between agreements legislated for and agreements ratified.

(c) The Indicator in the DSR Framework: This is a Response indicator since it represents a government policy decision to implement the requirements of ratified international agreements at the national level.

(d) Limitations of the Indicator: The content of national legislation for the implementation of international agreements can vary from general provisions to specific regulatory requirements. The more detailed the provisions, the greater the likelihood that the agreement will be fully implemented. However, the existence of legislation does not necessarily imply effective implementation or compliance. The indicator is not very suitable for showing meaningful trends.

(e) Alternative Definitions: Not available.

5. Assessment of the Availability of Data from International and National Sources

(a) Data Needed to Compile the Indicator: Information on national measures.

(b) Data Availability: The data are available.

(c) Data Sources: The primary data sources include national governments, and the Treaty Section of the United Nations Office of Legal Affairs.

6. Agencies Involved in the Development of the Indicator

(a) Lead Agency: The lead agency is the United Nations Environment Programme (UNEP). The contact point is the Director, Division of Environmental Assessment, UNEP; fax no.(254 2) 62 42 74.

(b) Other Organizations: Other interested parties include the Secretariat for the United Nations Framework Convention on Climate Change (UNFCCC), Secretariat for Basel Convention, UN Office of Legal Affairs, Economic and Social Council for West Asia, Network for Environment and Sustainable Development in Africa, and national governments.

7. Further Information

(a) Further Readings:

Reports of implementation/compliance committees of international agreements.

Reports of the Conferences of the Parties.

National reports to the Conferences of the Parties.

Secretary-General's Bulletin, ST/SGB/Organization (Section OLA/Rev.1), 14 November 1994.

(b) Other Contacts:

Co-ordinator, Secretariat for the Basel Convention; fax no. (41 22) 797 3420.

Executive Secretary, Secretariat for the Convention on Biological Diversity; fax no. (22 41) 797 2512.

Executive Secretary, Secretariat for the Climate Change Convention; fax no. (41 22) 979 9034.

Executive Secretary, Secretariat for the International Convention to Combat Desertification; fax no. (41 22) 979 9030 .

Coordinator, Secretariat for the Vienna Convention for the Protection of the Ozone Layer; fax no. (254 2) 226 886.

Director and Deputy to the Under-Secretary-General in Charge of the Office of Legal Affairs, Division of Ocean Affairs and the Law of the Sea, UN Office of Legal Affairs; fax no. (1 212) 963 3386. 

 

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15 December 2004