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Americas Regional Networks |
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North American Working Group on Environmental
Enforcement and Compliance Cooperation Since
1995, environmental enforcement officials from Canada, Mexico and the United
States have been cooperating through the North American Working Group on
Environmental Enforcement and Compliance Cooperation to effectively enforce
their environmental laws. This
cooperation takes place under a side agreement to the North American Free
Trade Agreement (NAFTA). Cooperative
enforcement and compliance activities are incorporated into the work program
of the Commission for Environmental Cooperation (CEC), which was set up to
implement and manage activities.
Highlights of 1998/1999 activities include: 1) holding a public forum
on environmental management systems and ISO 14001 in cooperation with the
Organization for American States in Washington, DC; 2) developing pilots for indicators of effective monitoring for
compliance and enforcement relating to the respective hazardous waste
requirements in the three countries; 3) presenting an international workshop
on trade in coral and marine invertebrates in Los Angeles; 4) producing an annual report on how the
three parties respectively fulfilled their obligations to effectively enforce
for compliance with domestic environmental requirements. A conference on wildlife forensics is scheduled
for September 27 - October 1, 1999 in Cheyenne, Wyoming. Project
on Environmental Management Systems: Liaison Status to ISO? A 1998 report, “Environmental
Management Systems and Compliance,” has been forwarded to the International
Organization for Standardization (ISO).
The CEC may seek liaison status with ISO to facilitate a wider
international exchange of ideas on EMSs and ISO 14001. One issue in
particular, of concern to the governments of North America is the fact that
ISO 14001 includes a requirement that there be a policy commitment to
compliance and to prevention of pollution, however, the management systems
themselves need not be directed to achieving performance levels that are in
compliance with environmental laws.
All of these activities provide opportunities to build further
capacity for trilateral enforcement cooperation programs and initiatives.
Organization of
American States - Inter-American Forum on Environmental Law Elected
leaders from 34 Western Hemisphere countries met at the Bolivia Summit of the
Americas for Sustainable Development in 1996 and agreed to “cooperate in
the establishment of a hemispheric network of officials and experts in
environmental law and its enforcement and compliance,” in coordination
with the Organization of American States (OAS). This initiative grew in part from the work of INECE and the
recognition that progress must be made on environmental law at a regional
level. The Summit agreement called
for a network to facilitate the exchange of knowledge and experiences in
environmental law; constitute a focal point for cooperative efforts that
support development and strengthening of environmental laws, relevant
policies and institutions, and implementation; and provide and facilitate
training and capacity building in environmental law and implementation. OAS
has consulted broadly over the past year to determine how such a network
might function most effectively and its strategic emphasis. Based on these consultations, OAS member
states will establish the network, “Inter-American Forum on Environmental
Law” (FIDA), in early 2000. FIDA will
operate in coordination with entities and networks active in environmental
law, enforcement and compliance – including INECE and sub-regional networks
within the Americas. Most
of FIDA’s work will be through thematic working groups organized around two
biennial themes – focusing on priority substantive and procedural issues in
the region. The first themes are: 1. Legal Frameworks for Water Resource Management and 2)
Integrating Market-Based Instruments and Regulatory Enforcement for
Sustainable Environmental Management . FIDA
will also establish permanent committees to promote cooperation and
information exchange in the following critical areas:1) Enforcement and
Compliance; 2) Environmental Conflict Resolution; 3) Public Participation in
Environmental Decision-making and 4) Environmental Law Education. FIDA members will direct the network’s agenda with
member state guidance through a structure that integrates national focal
points with working committees coordinated by a secretariat within the OAS as
illustrated below. An inaugural meeting is planned
for FIDA in early 2000 in South America.
Additional information will be circulated to interested persons in the
near future.
Mercusol
Regional Network To further in-country networks
in Brazil, the Brazilian non‑governmental organization (NGO), Lawyers
for a Green Planet Institute headed by Antonio Benjamin, organized a two week
exchange from July 20‑30 in Washington, D.C., with USEPA and the
Environmental Law Institute, for twenty‑seven, prosecuting attorneys,
state judges and environment ministry attorneys from 16 different states in
Brazil on environmental law, implementation and enforcement in the U.S. The final two days included half‑day
visits to the U.S. Department of Justice, other federal agencies, the
national Congress, the Supreme Court, and the World Bank. This will be followed by a conference in
Amazonas on November which will use presentations on the principles of
environmental enforcement to foster dialogue among state environment
organizations, public prosecutors and NGOs on an ongoing basis. The success of the program has also led
to proposals to conduct the training again to include also representatives
from the five former Portuguese colonies in Africa, to be held in Washington
either in September 2000 or in the summer of 2001.
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