By Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is The African ADR Practitioner of the Year 2022, The African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 2021, CIArb (Kenya) Lifetime Achievement Award 2021 and ADR Publisher of the Year 2021 and Author of the Kenya’s First ESG Book: Embracing Environmental Social and Governance (ESG) tenets for Sustainable Development” (Glenwood, Nairobi, July 2023) and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023) and Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024)*
In order to enhance environmental multilateralism, it is important to strengthen implementation of and compliance with the Multilateral Environmental Agreements (MEAs). It has been pointed out that these agreements have emerged as one of the best ways of institutionalizing intergovernmental cooperation and triggering national action in the environmental sector.
MEAs are vital in responding to global and regional environmental challenges such as loss of biological diversity, adverse impacts of climate change, depletion of the ozone layer, hazardous waste, organic pollutants, marine pollution, trade in endangered species, destruction of wetlands among others. It is therefore vital for all countries to foster implementation and compliance with MEAs.
International institutions such as UNEP also have a key role to play in supporting countries’ efforts in the implementation of MEAs. In addition, it is necessary to enhance monitoring of international and regional environmental commitments in order to promote accountability. It has been pointed out that there exists gaps between international commitments and state practices in environmental governance.
According to UNEP, despite efforts by the international community, environmental degradation is continuing. It has been suggested that international bodies including UNEP and the UNEA should be provided with a special rapporteur group possessing mandates to investigate and report publicly on environmental violations. This will promote public reporting on the gaps between international commitments and current trends, including those related to carbon emissions, pollution, and encroachment on protected sea and land areas among other environmental commitments. This will strengthen environmental multilateralism by ensuring that states are held accountable for their environmental commitments.
It is also important to strengthen the roles of international bodies such as UNEP in order to bolster their role in environmental governance. It has been argued that the mandates of international organizations are too weak to deliver on the environmental goals and actions agreed since 1972, with only one tenth of targets achieved.
As a result, it has been suggested that there is need to reform UNEP in order to give it the mandate to orchestrate the institutions across the global environmental system, defining a coherent global strategy for enabling and accompany States and other actors to comply with their obligations under MEAs and act towards achieving globally adopted goals.
Some of the key reforms areas that have been identified in order to strengthen the role of UNEP include improving its ability to: provide or identify sufficient funding and capacity building for countries; provide regular reports on country implementation and compliance with their environmental responsibilities and based on this provide reciprocal learning programmes to build trust and mutual understanding for countries environmental management challenges; coordinate and continuously evaluate international collaboration in various sectors and forums including public, multistakeholder and public-private partnerships; and assist international trade and finance institutions to incorporate environmental responsibilities into their statutes.
A strong international environmental body such as UNEP is integral in fostering environmental multilateralism due to its ability to design, coordinate, and promote the implementation of global environmental commitments. There is also need to consolidate the many MEAs into a coherent, coordinated and efficient legal framework to avoid overburdening countries with so many multiple processes and obligations.
The great and increasing number of MEAs is identified as an impediment to the efficient and effective functioning of the system. Problems identified in this respect include in particular: an increasing potential for double-work and conflict between different MEAs; a growing demand for co-ordination; and the amount of resources required from countries and other actors such as inter-governmental organisations, and Non-Governmental Organisations (NGOs for effective participation in the system. Consolidation of the many MEAs into a coherent, coordinated and efficient legal framework has been identified as a key way of avoiding fragmentation and enhancing compliance and monitoring.
Finally, it is important to reform the environmental multilateralism system in order to ensure inclusivity and participation of all stakeholders including developing countries, youth, women and other marginalized groups who are often left behind. It has been asserted that the multilateral system for protecting our planet will not be strengthened unless and until the quality of the preceding negotiation process improves and is open to the voices of all those potentially affected; transparent in reasoning and process of mutual justification; and respectful of all participants.
It is therefore necessary to ensure that MEAs take into account inclusive discussion and decision-making through broader participation among other approaches. This calls for enhanced education and capacity building in order to ensure effective, inclusive and sustainable multilateral actions to tackle climate change, biodiversity loss and pollution among other environmental challenges. Through the foregoing among other measures, environmental multilateralism will be (re)invigorated for sustainability.
*This is an extract from the Article: (Re) Invigorating Environmental Multilateralism for Sustainability, Available at: https://kmco.co.ke/wp-content/uploads/2024/02/Re-Invigorating-Environmental-Multilateralism-for-Sustainability.pdf (28th February 2024) by Hon. Prof. Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, Senior Advocate of Kenya, Chartered Arbitrator, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Lifetime Achievement Award 2021 (CIArb Kenya), African Arbitrator of the Year 2022, Africa ADR Practitioner of the Year 2022, Member of National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Managing Partner of Kariuki Muigua & Co. Advocates and Africa Trustee Emeritus of the Chartered Institute of Arbitrators 2019-2022. Prof. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2024 and was listed in the Inaugural THE LAWYER AFRICA Litigation Hall of Fame 2023 as one of the Top 50 Most Distinguished Litigation Lawyers in Kenya and the Top Arbitrator in Kenya in 2023.
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