THE PROGRAMME FOR THE DEVELOPMENT AND PERIODIC REVIEW OF

THE PROGRAMME FOR


THE DEVELOPMENT AND


PERIODIC REVIEW OF





ENVIRONMENTAL


LAW



FOR THE FIRST DECADE OF THE

TWENTY-FIRST CENTURY







United Nations Environment Programme
2001

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CONTENTS













Page
Introduction

......................... ......................... ......................... 3
I. EFFECTIVENESS OF ENVIRONMENTAL LAW................. ......................... ......................... 4
1. Implementation, compliance and enforcement ............ ......................... ......................... 4
2. Capacity-building
......................... ......................... ......................... 5
3. Prevention and mitigation of environmental damage .. ......................... ......................... 6
4. Avoidance and settlement of international environmental disputes ...... ......................... 7
5. Strengthening and development of international environmental law .... ......................... 8
6. Harmonization and coordination
......................... ......................... ......................... 8
7. Public participation and access to information ............ ......................... ......................... 9
8. Information technology
......................... ......................... ......................... 9
9. Innovative approaches to environmental law............... ......................... ......................... 10
II. CONSERVATION AND MANAGEMENT ......................... ......................... ......................... 11
10. Freshwater resources
......................... ......................... ......................... 11
11. Coastal and marine ecosystems
......................... ......................... ......................... 12


12. Soils

......................... ......................... ......................... 12
13. Forests

......................... ......................... ......................... 13
14. Biological diversity
......................... ......................... ......................... 13
15. Pollution prevention and control
......................... ......................... ......................... 14
16. Production and consumption patterns ........................ ......................... ......................... 15
17. Environmental emergencies and natural disasters ..... ......................... ......................... 15
III. RELATIONSHIP WITH OTHER FIELDS .......................... .......................... .......................... 16
18. Trade

......................... ......................... ......................... 16
19. Security and the environment
......................... ......................... ......................... 17
20. Military activities and the environment ..................... ......................... ......................... 17
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THE PROGRAMME FOR THE DEVELOPMENT AND PERIODIC REVIEW OF ENVIRONMENTAL
LAW FOR THE FIRST DECADE OF THE TWENTY-FIRST CENTURY

INTRODUCTION
Since the establishment of the United Nations Environment Programme (UNEP), environmental law has
been one of its priority areas and is recognized as an effective tool for catalyzing national and
international action in the field of the environment. The role and competence of UNEP in the progressive
development and promotion of environmental law has been repeatedly emphasized at various
international forums, including the General Assembly, the UNEP Governing Council and the
Commission on Sustainable Development. Agenda 21, in its chapter 38, identifies environmental law as
one of the priority areas on which UNEP should concentrate. In particular, it underscores the role of
UNEP in the further development and implementation of international environmental law, as well as
provision of technical, legal and institutional advice to Governments in establishing and enhancing their
national legal and institutional frameworks. This role is emphasized in the Nairobi Declaration on the
Role and Mandate of UNEP as well as in the Programme for the Further Implementation of Agenda 21
adopted by the General Assembly at its nineteenth special session. The Malmö Ministerial Declaration
underscores the importance of this area in the work of UNEP.
Beginning in 1982, UNEP's environmental law activities were organized and coordinated through a series
of 10-year programmes for the development and periodic review of environmental law. The first
programme (Montevideo Programme I) and the programme for the 1990s (Montevideo Programme II),
adopted in 1982 by the tenth session of the Governing Council and in 1993 by the seventeenth session of
the Governing Council respectively, were instrumental in providing UNEP with strategic guidance in this
field.
In its decision 20/3 of 3 February 1999, the Governing Council, at its twentieth session, requested the
Executive Director to undertake a process for the preparation of a new programme for the development
and periodic review of environmental law. In pursuance of the decision, the Executive Director
undertook the process in consultation with Governments and relevant organizations. As part of this
process, in 2000, UNEP convened two meetings of an international group of experts to develop possible
components of the new programme. On the basis of that preparatory work, the Executive Director
convened a meeting in Nairobi in October 2000 of senior government officials expert in environmental
law to prepare a programme for the development and periodic review of environmental law for the first
decade of the twenty-first century. The meeting thoroughly examined the possible components prepared
by the international group of experts and developed a draft programme that was submitted to the
Governing Council.
The twenty-first session of the Governing Council/Global Ministerial Environment Forum, in its decision
21/23 of 9 February 2001, unanimously adopted the Programme for the Development and Periodic
Review of Environmental Law for the First Decade of the Twenty-first Century (Montevideo Programme
III), as the broad strategy for the activities of UNEP in the field of environmental law for the first decade
of the twenty-first century. The Governing Council requested the Executive Director to implement the
Programme, within available resources, through the programmes of work of UNEP and in close
cooperation with international organizations, non-State actors and persons. The Governing Council, in
the same decision, decided to review the implementation of the Programme not later than at its regular
session in 2005.

Full implementation of the Montevideo Programme III, supported by political will and adequate
resources, will help increase the coherence and effectiveness of environmental law in addressing global
environmental challenges of the contemporary world in the context of sustainable development.

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THE PROGRAMME FOR THE DEVELOPMENT AND PERIODIC REVIEW OF
ENVIRONMENTAL LAW FOR THE FIRST DECADE
OF THE TWENTY-FIRST CENTURY

The following programme areas, together with the respective objectives, strategies and actions,
are proposed as a non-exhaustive list of elements for the Programme. UNEP, in accordance with its
catalytic role, will take action in these areas in coordination with States, conferences of the parties and
secretariats of multilateral environmental agreements, other international organizations, non-State actors
and persons. For UNEP, the implementation of these activities should be consistent with UNEP’s
biennial programmes of work.

I. EFFECTIVENESS OF ENVIRONMENTAL LAW
1. Implementation, compliance and enforcement
Objective: To achieve effective implementation of, compliance with, and enforcement of environmental
law.
Strategy: Promote the effective implementation of environmental law through, inter alia, the widest
possible participation in multilateral environmental agreements and the development of relevant
strategies, mechanisms and national laws.
Action:

(a)
Conduct studies on:
(i)
The effectiveness of, and compliance with, international environmental law,
identifying the underlying causes of non-compliance; and
(ii)
The environmental effectiveness of domestic environmental law, with the consent and
cooperation of the relevant State or States;

(b)
Identify effective means to address major constraints faced especially by developing
countries, and, in particular, the least developed among them, and countries with economies in transition
in implementing environmental law;

(c)
Cooperate with States, particularly by providing assistance to developing countries, and, in
particular, the least developed among them, and countries with economies in transition, in:
(i)
Establishing and strengthening domestic law to improve compliance with international
environmental obligations and enforcement of such obligations through domestic law;
(ii)
Developing national environmental action plans or strategies and, where appropriate,
regional action plans or strategies, to assist in the implementation of international
environmental obligations;

(d)
Develop, where appropriate, as advice to competent national authorities, model laws or
equivalent guidance materials for the implementation of international environmental instruments;
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(e)
Prepare comparative analyses of compliance mechanisms, including reporting and
verification mechanisms, under different multilateral environmental agreements and, where appropriate,
under agreements in other fields of international law;

(f)
Promote facilitative means of implementation of, and compliance with, international
environmental law and, in this regard, study the efficacy of financial mechanisms, technology transfer and
economic incentives under existing international environmental law instruments;

(g)
Promote the use, where appropriate, of disincentives, including effective civil liability
mechanisms, to encourage compliance with environmental law;

(h)
Evaluate and, as appropriate, promote the wider use of criminal and administrative law in the
enforcement of domestic environmental laws and standards;

(i)
Explore options for advancing the effective involvement of non-State actors in promoting
implementation of, and compliance with, international environmental law and its enforcement at the
domestic level;

(j)
Promote further regional cooperation for enhancing implementation of, and compliance
with, international environmental law;

(k)
Encourage, during the development of new international environmental legal instruments,
consideration of the implementation and enforcement aspects of those instruments.
2. Capacity-building
Objective: To strengthen the regulatory and institutional capacity of developing countries, in particular
the least developed and small island developing States, and countries with economies in transition, to
develop and implement environmental law.
Strategy: Provide appropriate technical assistance, education and training to those concerned, based on
assessment of needs.
Action:

(a)
Assist the development and strengthening of domestic environmental legislation,
regulations, procedures and institutions;

(b)
Arrange seminars, workshops and exchange programmes for government officials, the
judiciary, the legal profession and others concerned, on environmental law and policy, including on the
implementation of international environmental instruments;

(c)
Provide appropriate training and support to enhance the participation of representatives from
developing countries, particularly the least developed among them and small island developing States,
and countries with economies in transition, in international meetings and negotiations related to
environmental law;

(d)
Produce and disseminate environmental law publications to serve as tools of
capacity-building;

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(e)
Promote the teaching of domestic, international and comparative environmental law in
universities and law schools, and to this end, develop teaching materials, including video and other
electronic media;
(f)
Collaborate
with
governments and relevant international bodies in facilitating educational
programmes in environmental law at the national and regional levels;

(g)
Strengthen coordination among relevant international organizations and institutions,
including those that provide financing, on educational projects and programmes related to environmental
law, its implementation and enforcement and the underlying causes of environmental damage.
3. Prevention and mitigation of environmental damage
Objective: To strengthen measures to prevent environmental damage, and to mitigate such damage when
it occurs.
Strategy: Promote the development and application of policies and measures to prevent environmental
damage and mitigate such damage by means, inter alia, of restoration or redress, including compensation,
where appropriate.
Action:

(a)
Promote, where appropriate, efforts by States to develop and adopt minimum international
standards at high levels of protection and best practice standards for the prevention and mitigation of
environmental damage;

(b)
Conduct studies, with the consent and cooperation of the States concerned, on the
effectiveness of existing regimes of civil liability as a means of preventing environmentally harmful
activities and mitigating environmental damage, and provide expertise to States to enhance the
effectiveness of such regimes;

(c)
Conduct studies, with the consent and cooperation of the States concerned, on the adequacy
and effectiveness of ways and means of providing compensation, remediation, replacement and
restoration for environmental damage, including methods of valuation, and encourage efforts by States to
develop and adopt standard environmental economic valuation tools and techniques for such valuation;

(d)
Support the development by States of processes and procedures for victims and potential
victims of environmentally harmful activities, regardless of their nationality, to:
(i)
Ensure appropriate access to justice; and
(ii)
Provide appropriate redress, including the possibility of compensation, inter alia,
through insurance and compensation funds;

(e)
Promote collaboration among governments, international organizations and civil society in
strengthening regimes for prevention and mitigation of environmental damage;

(f)
Assist developing countries, in particular the least developed among them, and countries
with economies in transition in the development and application of legislative, administrative and
institutional mechanisms for implementing international instruments and domestic policies relating to
prevention and mitigation of environmental damage.
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4. Avoidance and settlement of international environmental disputes
Objective: To improve the effectiveness of measures and methods for avoiding and settling international
environmental disputes.
Strategy: Develop and promote new and existing means for avoiding environmental disputes and, where
such avoidance is not possible, for their peaceful settlement.
Action:

(a)
With respect to the avoidance of environmental disputes, encourage States to:
(i)
Regularly exchange environmental data and information;
(ii)
Assess transboundary environmental impacts of planned activities;
(iii) Undertake
early
notification and consultation concerning planned activities that may
have significant adverse impacts in other States or in areas beyond the limits of
national jurisdiction;
(iv) Undertake monitoring, fact-finding, reporting and other means and procedures for
verifying compliance and addressing non-compliance;
(v)
Consider, as appropriate, innovative approaches to dispute avoidance, such as the use
of third-party neutrals to facilitate open and complete information exchange,
particularly among parties with differing levels of technical expertise.

(b)
With respect to the settlement of environmental disputes:
(i)
Study the actual and potential facilitative role of international bodies and agencies in
the settlement of environmental disputes, including, where appropriate, through
environmental ombudsmen;
(ii)
Study experience regarding dispute settlement provisions of international
environmental agreements in order to assess the effectiveness of those provisions;
(iii) Identify the most effective mechanisms for settling environmental disputes;
(iv) Facilitate the use of expert opinions, as appropriate, for settling environmental
disputes;
(v)
Promote innovative approaches and mechanisms for settling environmental disputes;

(c)
Study the experience gained in the operation of dispute settlement mechanisms in other
fields of international law;

(d)
Examine the relationship between dispute settlement systems in international environmental
agreements and those in other international regimes, including regimes relating to trade and investment;

(e)
Provide training in rules and procedures concerning environmental dispute avoidance and
settlement for government officials and the legal profession, including the judiciary.

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5. Strengthening and development of international environmental law
Objective: To strengthen and further develop international environmental law, building on the existing
foundations.
Strategy: Encourage international action to address gaps and weaknesses in existing international
environmental law and to respond to new environmental challenges.
Action:
(a) Undertake assessments of existing and emerging challenges to the environment in order to
identify gaps and weaknesses, including inter-linkages and cross-cutting issues, in international
environmental law and specify the role it should play in responding to those challenges;
(b) Develop criteria for determining the need for and feasibility of new international environmental
instruments, taking into account existing instruments and practice;
(c) Review the application of the principles contained in the 1972 Stockholm Declaration of the
United Nations Conference on the Human Environment and the 1992 Rio Declaration on Environment
and Development, identify the extent to which they are applied internationally and disseminate the
resulting information to States;
(d) Examine other fields of international law for the purpose of identifying emerging concepts,
principles and practices relevant to the development and implementation of environmental law;
(e) Assist governments, particularly those of developing countries, and in particular the least
developed among them, and countries with economies in transition, in the development of bilateral,
regional and global legal instruments in the field of the environment, involving for this purpose the
expertise and experience of all concerned;
(f) Strengthen collaboration within the United Nations system as well as with other
intergovernmental bodies in their work on the development of instruments relevant to the environment
and, in particular, encourage, where appropriate, the integration of sustainable development in those
instruments;
(g) Encourage efforts by academics and researchers towards better organization of international
environmental law, starting with its compilation as a possible step towards codification.
6. Harmonization and coordination
Objective: To promote, where appropriate, harmonized approaches to the development and
implementation of environmental law and encourage coordination of relevant institutions.
Strategy: Promote domestic, regional and global actions towards the development and application of
appropriate harmonized approaches to environmental law and encourage coherence and coordination of
international environmental law and institutions.
Action:
(a)
Assist
States
to:
(i)
Improve progressively their environmental standards on a global or regional level;
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(ii)
Promote coherence between environmental law and other laws, both at domestic and
international levels, to ensure that they are mutually supportive and complementary;
(iii) Study the ways in which developing countries have integrated environmental policy
into their governmental processes and advise governments on this subject;
(b) Conduct studies on the legal aspects of, obstacles to and opportunities for consolidating and
rationalizing the implementation of multilateral environmental agreements, so as to avoid duplication of
their work and functions;
(c) Improve ways of harmonizing and otherwise rationalizing the reporting obligations in
multilateral environmental agreements.
7. Public participation and access to information
Objective: To improve the quality of decision-making in environmental matters through increased
transparency, access to information and public participation.
Strategy: Promote and further develop means in law and practice to increase transparency, strengthen
access to information and improve public participation in processes leading to decision-making relating to
the environment.
Action:
(a) Collect, study and disseminate information on the law and practice relating to access to
information, public participation in processes leading to decision-making and access to judicial and
administrative proceedings relating to environmental matters;
(b) Assist developing countries, and in particular the least developed among them, and countries
with economies in transition, in developing means in law and practice to collect and disseminate
information concerning the environment;
(c) Explore means in law and practice for promoting appropriate public participation in the
implementation of, compliance with and enforcement of environmental law;
(d) Review procedures and practices with regard to public participation and access to information
at international institutions and in negotiations and other activities related to sustainable development;
(e) Organize training on laws and procedures relating to access to environmental information and
public participation in processes leading to environmental decision-making;
(f) Investigate the need for and feasibility of new international instruments on access to
information, public participation in processes leading to decision-making and access to judicial and
administrative proceedings relating to environmental matters.
8. Information technology
Objective: To improve the development, content, effectiveness and awareness of environmental law
through the use of new and existing information technology.
Strategy: Promote the appropriate use of new and existing information technology in the development,
implementation and enforcement of environmental law, as well as the dissemination of information

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relating to environmental law, taking into account the special needs and circumstances of countries that
may lack access to some or all aspects of information technology.
Action:

(a)
Study and promote ways in which new and existing information technologies can be used to:
(i)
Assist in the development of environmental laws;
(ii) Promote dialogue and public participation on environmental matters with respect to,
inter alia, environmental impact assessment;
(iii) Avoid or settle environmental disputes;
(iv) Strengthen enforcement and compliance;
(v)
Increase efficiency in the cooperative activities of multilateral environmental
agreements;
(vi) Improve
education
in environmental law;
(b) Explore the tools to improve existing international arrangements and build new ones for access
to, processing of and dissemination of information on environmental legislation from national and
international sources;
(c) Promote methods for using the Internet and information technology to enhance public
awareness of environmental law and to make international instruments and other documents available,
including in all United Nations languages;
(d) Support efforts to ensure that environmental agencies, institutions and organizations,
particularly in developing countries, have access to World Wide Web legal databases;
(e) Further develop the United Nations Environment Programme (UNEP) Web page and promote
further development of the Web pages of multilateral environmental agreements;
(f) Promote the use and further development of the joint UNEP/World Conservation Union
(IUCN) environmental law database (ECOLEX).
9. Innovative approaches to environmental law
Objective: To improve the effectiveness of environmental law through the application of innovative
approaches.
Strategy: Identify and promote innovative approaches, tools and mechanisms that will improve the
effectiveness of environmental law.
Action:
(a) Assess State practice in utilizing tools such as eco-labelling, certification, pollution fees,
natural resource taxes and emissions trading and assist, as appropriate, in the use of such tools;
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