Professional Documents
Culture Documents
Caribbean SIDS
by
Peter A. Murray
OECS Environment and Sustainable Development Unit
Morne Fortuné,
P.O. Box 1383, Castries
Saint Lucia
Introduction the Challenge of Compliance
1. Environmental law can be considered to be the binding norms and values adopted to prevent,
reduce and eliminate actions and behaviour that are harmful to the environment 1 . Since the
United Nations Conference on Environment and Development, the world has seen strides in
the development of this body of international law that we collectively refer to as Multilateral
Environmental Agreements (MEAs). A number of these norms and values to which I have
referred have been developed as a consequence of consistent behaviour of states over time,
and as general practice have become accepted as law – customary international law. For
example, Principle 2 of the Rio Convention, which speaks to “the general obligation of states
to ensure that activities within their jurisdiction and control respect the environment of other
states or of areas beyond national control” has attained the status of Customary International
Law 2 . VanderZwaag and colleagues have cited 3 a 2001 UNEP report as estimating that over
300 agreements related to the environment had been negotiated since 1972 4 . Notwithstanding
this, it needs to be said that “(t)he prospects for the future of the global environment and
humanity will be determined, perhaps decisively, by what we do, or fail to do in our
generation” 5 .
2. The small island developing states (SIDS) that make up the Organisation of Eastern
Caribbean States (OECS) 6 set up their grouping, inter alia, to assist them “in the realisation of
their obligations and responsibilities to the international community with due regard to the
role of international law as a standard of conduct in their relationship” 7 . Effective compliance
with the now myriad MEAs is difficult in many countries due to a lack of necessary human
1
These norms and values are increasingly being applied to govern the relations between states as well as between
states and international organisations and are commonly set out in the form of treaties or agreements..
2
International Court of Justice, Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, ICJ
Rep. 1996, 226, at para. 29
3
VanderZwaag, Doelle, Rolston Chao, ENCAPD Project: Review of Multilateral Environmental Agreements and
Documents. OECS Environment and Sustainable Development Unit, Castries St. Lucia. 2001, p 1.
4
Additionally, a number of documents reflecting existing law or efforts to develop either international or domestic
law by encouraging countries to implement certain principles and actions have also been developed.
5
Maurice Strong, former Secretary General of UNCED, first Executive Director of UNEP; and first President,
Canadian International Development Agency (CIDA). Cited in Multilateral Environmental Agreement Negotiator’s
Handbook, Second edition 2007, University of Joensuu – UNEP Course Series 5, Joenesuu, 2007, p.vii.
6
The OECS comprises Antigua and Barbuda, Commonwealth of Dominica, Grenada, Montserrat, St. Kitts and
Nevis, Saint Lucia, St. Vincent and the Grenadines as full members and Anguilla and the British Virgin Islands as
Associate Members. All the aforementioned will hereinafter be referred to as OECS Member States.
7
The Treaty establishing the Organisation of Eastern Caribbean States (“the Treaty of Basseterre”) signed at
Basseterre Saint Kitts and Nevis on June 18, 1981: p4, Article 3 subarticle 1(c ).
1
and other resources 8 . The OECS Member and Associate States are among the many
developing countries that face this challenge 9 , particularly in the case of those MEAs related
to biological diversity 10 . The challenge for OECS policy makers and industry leaders is to
actually achieve a balance between economic development goals and sustainable
development. 11 The tenacity and durability of these problems argue that their resolution will
require novel and creative solutions. 12 This contribution will consider the ways in which small
island developing states, particularly those that constitute the OECS, can increase their
compliance with international environmental law. I will also show that the OECS Member
States possess a “home grown”, novel and creative mechanism to facilitate this compliance.
Obstacles to compliance
3. Mr. Sahafqat Kakakhel, Deputy Executive Director of the United Nations Environment
Programme (UNEP), in 2006, noted that countries are struggling to implement their
obligations under the numerous environmental agreements to which they are party 13 and
questioned where they might start more efficient and effective ways to such implementation.
OECS Member States had been asking themselves that same question; and, five years prior to
Mr. Kakakhel’s observation, it had been suggested that a possible partial solution to the
inadequacy of domestic environmental management includes more vigorous participation in
the development, adoption, and implementation of MEAs 14 . I suggest that this possible
solution also applies generally to compliance with international environmental law. UNEP
implicitly suggests a number of obstacles to compliance 15 :
· Absence of appropriate preparatory work
· Nonparticipation in negotiations
· Insufficient knowledge of domestic capabilities for MEA implementation
· Inadequate compliance framework
· Ineffective and untimely reporting
· Insufficient and irregular review
· Absence of effective compliance mechanisms
· Inadequate or inappropriate dispute settlement provisions
8
Multilateral Environmental Agreement Negotiator’s Handbook, Second edition 2007, University of Joensuu –
UNEP Course Series 5, Joenesuu, 2007, p.viii
9
c.f. Winston Anderson, MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia, 2001. p 45.; Anderson, Rankin, VanderZwaag, (eds.),
Strengthening Acceptance and Implementation of Maritime Treaties and International Environmental Law
Obligations in OECS Member States: Treaty Guide, Case Studies and Workshop Proceedings. Oceans Institute of
Canada, 1999; VanderZwaag, Doelle, Rolston, and Chao, ENCAPD Project: Review of Multilateral Environmental
Agreements and Documents. OECS Environment and Sustainable Development Unit, Castries St. Lucia. 2001.
10
OECS UNEP harmonised Biodiversity Legislation Project – combined outputs. OECS Secretariat, Castries, St.
Lucia, 2006, p 4.
11
Alicia Stephen, Programme Officer, OECS. 2007. Linkages between Environment and Trade in the context of
the Revised Treaty of Chaguaramas: an OECS Perspective. P37 in OECS Environmental Perspectives
http://www.oecs.org/esdu/documents/OECS _Environmental_Perspectives.pdf; The gravity of the
OECS’ environmental problems is not measured by their severity or extent, rather by the levity and
ineffectiveness with which serious, albeit incipient problems, are being treated.
12
Winston Anderson, MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia, 2001. p 3, para 3
13
Foreword to the Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP,
2006, p 15.
14
Winston Anderson, MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia, 2001. p 3 para 4
15
Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006. pp3334
2
· Inadequacy of national implementation measures
· Insufficient national capacity
· Inadequate technology
· Insufficient international cooperation
Engendering effective compliance
4. The aforementioned obstacles to effective compliance should be seen against the backdrop of
an “increased pattern of adoption of MEAs by OECS Member States” 16 . Anderson also
opines that “more is required than merely paying lip service to international environmental
regulation for the effective treatment of the local environmental problem 17 . The following
suite of activities, which are discussed only briefly below since spatial limitations of this
assignment militate against expanded discussion, can engender effective compliance to the
obligations of MEAs.
Preparatory work
5. UNEP 18 has noted that before States actually begin the process of taking on board an MEA,
certain governmental decision makers may need to be convinced of this need;
parliamentarians need to be shown the priority in implementing the consequential legislation;
government agencies should be encouraged to enforce environmental laws that could have
social or economic implications; and the regulated community and the general public must
understand the basic need for the MEA and the implementing legislation. In most, if not all,
OECS Member States this depth of preparation for MEA acceptance rarely appears to have
been carried out. It fact, more often than not, it is only when the enacting legislation is to be
promulgated do we see any of this “lobbying” beginning; engendering an insufficiency of
“buyin” to the subsequent legislative framework and hence a reduction in efficiency in
implementation of the MEA.
Participation in negotiations
16
Winston Anderson, MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia, 2001. p 4, para 5.
17
Winston Anderson, MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia, 2001. p 5, para 7.
18
Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 44.
19
Ibid. p 75
20
Ibid. p 65.
21
c.f. Winston Anderson, MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia, 2001. p 19ff.
3
7. The need to be an active part of the MEA negotiation process as a prelude to effective
compliance has been underscored by Anderson 22 , VanderZwaag et al 23 and UNEP 24 .
Anderson points out 25 that:
“(t)he process (of negotiation) conforms to the most fundamental tenet of public
international law, i.e., that rules of law cannot be imposed upon states against their will
but rather must be agreed to by those states. Negotiation therefore permits the merging
of sovereign wills in relation to the rights and obligations that states are willing to
assume in an international environmental agreement” (parentheses mine)
8. Anderson notes that weaknesses in the legal and administrative arrangements were
supplemented by inadequate funding for training personnel to ensure pollution control
and sustainable exploitation of natural resources 26 . He proposes mechanisms available
to OECS Member States to facilitate improved participation in negotiations 27 . In the
main, these require the rationalisation of diplomatic representation and the
harmonisation for effective interface between OECS Member States and the
international community.
Assessment of domestic capabilities
9. States need to determine whether they can comply with the provisions under negotiation and
hence should assess their domestic capabilities for implementing the agreement in later years.
An early, complete capacity assessment and evaluation, will improve the chances of achieving
full, timely compliance with the MEA. It is necessary to address some of the apparent
deficiencies by allowing an objective self assessment to be carried out involving all relevant
partners 28 . Undertaking such a National Capacity SelfAssessment (NCSA) programme
allows further synergies to be established between the implementation of global
environmental commitments, international programmes and the objectives of meeting national
sustainable development priorities 29 .
10. The NCSA also allows for a cross sectoral process of consultations, stocktaking,
sequencing and priorisation of capacity needs for identifying obstacles that currently prevent
States from meeting their objectives under the relevant conventions and in forwarding their
own national sustainable development agendas 30 . States should also assess whether there are
any national policy factors (including structural, institutional, legal and economic ones) that
22
Winston Anderson, MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia, 2001. p 68, paras 1319.
23
VanderZwaag, Doelle, Rolston Chao, ENCAPD Project: Review of Multilateral Environmental Agreements and
Documents. OECS Environment and Sustainable Development Unit, Castries St. Lucia. 2001,
24
Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 23, 87.
25
Winston Anderson, MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia, 2001. p7, para 14.
26
Winston Anderson, MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia, 2001. p3, para 2
27
Ibid. p 12 para 34ff
28
This should be done with a view to avoiding overlaps and redundancies, increasing crosssectoral cooperation and
exchange and promoting institutional development through training and evaluation
29
Peter A. Murray. Capacity issues in the implementation of Multilateral Environmental Agreements at the OECS
subregional level. Paper presented to UNEP/ UNDP/GEF NCSA Regional Workshop for the English Speaking
Caribbean, 28 June to 1 July 2005, Kingston, Jamaica. p 6.
30
Ibid..
4
may affect their ability to comply with the provisions of the MEA at the national and local
levels 31 . At least one OECS Member State, Saint Lucia, has completed its NCSA 32 .
Enhancing compliance
11. The competent body of a MEA could, where authorized to do so, regularly review the overall
implementation of obligations under the agreement and examine specific difficulties of
compliance and consider measures aimed at improving compliance. However, it is the States
themselves that are best placed to choose approaches that are useful and appropriate for
enhancing compliance. In so doing, they should consider: clarity; national implementation
plans; reporting, monitoring and verification; and inclusion of noncompliance mechanisms
into the MEA 33 .
12. The existing OECS framework, shown in the figure 34 , allows for the synergies that may
be needed to give effect to the effective implementation of MEAS at in the OECS. In this
context, the NCSAs can assist in linking country action under international conventions with
the broader national environmental management and sustainable development framework.
13. Enhancement of compliance can also be assured by introducing or enhancing
mechanisms or procedures after the MEA has come into effect, provided such mechanisms or
procedures have been authorised by the original MEA, subsequent amendment, or conference
of the parties’ decision, as appropriate, and consistent with applicable international law 35 . In
addition to setting forth detailed provisions for a compliance mechanism within the terms of
an MEA, parties can also develop a compliance mechanism after the MEA enters into force.
Reporting, monitoring, verification and review
14. Provisions for reporting, monitoring and verification of the information obtained on
compliance can help promote it by, among other things, increasing public awareness 36 . Given
the limited capacities of most eastern Caribbean SIDS, data collection and reporting
requirements can be too onerous and so should be coordinated with those of other multilateral
environmental agreements. Personal observation has indicated that reporting on MEA
implementation has been one of the most significant challenges to eastern Caribbean SIDS in
the past two decades. Since 2000, OECS Member States have had to report on 16 MEAs of a
possible 22 of which at least one is party; over and above the development of national action
plans no State has reported on any more than seven of these MEAs 37 .
31
This exercise should, ideally, involve all relevant government and regulatory bodies whose authority involves the
subject matter of the pending MEA. For States that regulate environmental matters primarily or partially at the sub
national or local level, there is need to focus more heavily on ensuring internal cooperation and coordination, so that
all government bodies regulating environmental matters are involved in this assessment; Manual of Compliance with
and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 111.
32
Caroline Eugene, Sustainable Development and Environment Officer, Ministry of Economic Planning, National
Development, etc. St. Lucia, pers. comm.
33
c.f. Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 115
158 for an expansion of these factors
34
c.f. Peter A. Murray. Capacity issues in the implementation of Multilateral Environmental Agreements at the
OECS subregional level Prepared for and presented to UNEP/ UNDP/GEF NCSA Regional Workshop for the
English Speaking Caribbean, 28 June to 1 July 2005, Kingston, Jamaica. p 8.
35
Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 163
36
Ibid.
37
Based on data submitted as part of reporting requirements for the St. Georges’ Declaration of Principles for
Environmental Sustainability in the OECS
5
15. Reports on compliance should be regular and timely with a common format that is
appropriate, simple, brief and designed to ensure consistency, efficiency and convenience to
enable reporting on specific obligations 38 . Regular monitoring will provide the basis for most
types of report and involves the collection of data in accordance with the provisions of the
MEA. Monitoring can be used to assess compliance, identify compliance problems and
indicate solutions 39 . Verification of data and technical information assists in ascertaining
whether a party complies and the degree, type and frequency of noncompliance 40 .
16. Periodic review of an MEA’s effectiveness can help to ensure that the MEA is meeting or
moving toward its desired goals. 41 The review can be broad, reviewing all aspects of the
MEA; or it can focus on specific aspects that have been identified as entailing particular
difficulties in compliance and enforcement. It is not known whether any OECS Member State
has carried out such a review at the national level.
17. Indicators provide one framework for assessing the effectiveness of an MEA 42 .
Performance indicators 43 can help to identify areas where States are complying with their
obligations and areas where compliance is problematic, while output indicators 44 seek to
address whether the measures are actually effective. In addition, assessments of the state of
the environment can identify the extent to which MEAs and other measures are meeting their
goals 45 .
Dispute settlement provisions
18. Dispute settlement provisions are included in a growing number of MEAs (most of the
major global MEAs have dispute resolution mechanisms). Despite the number of available
procedures, in practice States have shown reluctance to submit to the formal dispute
settlement. In part, this is due to the fact that most of these provisions are not compulsory.
Thus, in order for an aggrieved Party to avail itself of the mechanism, the other Party must
consent to using the mechanism. Only one OECS Member State, St. Vincent and the
Grenadines, has resorted to such a mechanism in recent times 46 .
National implementation measures
19. The elaboration of national implementation plans for implementing MEAs can assist in
integrating multilateral environmental agreement obligations into domestic planning, policies
and programmes and related activities. Reliable data collection systems can assist in
38
Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 129
39
Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 129
40
Technical verification should involve independent sources for corroborating national data and information
provided that they are consistent with the provisions in the multilateral environmental agreement and in accordance
with any modalities that might be set by the conferences of the parties; Ibid.
41
Such a review may be mandated by provisions in the MEA or States may initiate such a review through mutual
agreement; Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006,
p 158
42
Ibid.
43
Performance indicators seek to answer questions related to: “Are countries doing what they said they would?”
These indicators tend to assess governmental actions (development of laws, institutions, etc.) and sometimes private
sector actions.
44
Output indicators seek to answer questions related to: “Is the MEA having the desired effects?” They often assess
environmental conditions (as well as social and economic, depending on the MEA).
45
Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 158
46
International Tribunal for the Law of the Sea, No. 1 Case. The M/V Saiga Case. Judgement of 4 December 1997.
1997; International Tribunal for the Law of the Sea, The M/V “Saiga” (No. 2). Judgement of 1 July 1999. 1999
6
monitoring compliance. MEAs require or encourage Parties to elaborate National
Implementation Plans (NIPs) 47 . These are particularly important for integrating (or
“mainstreaming”) an MEA’s obligations into domestic legal, policy, and institutional
frameworks 48 . Where no competent national environmental agency or Ministry exists, a State
can establish a steering committee to oversee such a process 49 .
50
20. There is no indication that eastern Caribbean SIDS have developed systematic NIPs
however in keeping with their obligations pursuant to the St. George’s Declaration of
Principles for Environmental Sustainability in the OECS (SGD) 51 OECS Member States, with
one exception 52 , have approved National Environmental Management Strategies which could
provide a basis for their NIPs addressing a number of MEAs to which they are party.
Capacity building and technology transfer
21. Most of the Eastern Caribbean SIDS, particularly those that are members of the OECS,
are considered developing countries and hence the building and strengthening of capacities is
needed to assist them in meeting their obligations under MEAs. Capacity building and
technology transfer are critical tools without which developing countries will remain
disadvantaged and unable to reap the environmental, social and economic benefits offered by
full compliance with MEAs 53 .
22. To facilitate this it has been mooted 54 that financial and technical assistance can be
provided for building and strengthening organizational and institutional capacities; capacity
building and technology transfer should be consistent with the needs, strategies and priorities
of the State concerned; participation of a wide range of stakeholders can be promoted; various
funding sources could be mobilized to finance capacitybuilding activities aimed at enhancing
compliance; where appropriate, capacitybuilding and technology transfer activities and
initiatives could be undertaken at regional and subregional levels; Parties should consider
requesting the respective MEA secretariats to coordinate their capacitybuilding and
technology transfer initiatives.
International cooperation
23. International cooperation is at the core of every MEA, as they would not exist if nations
had not come together and agreed to adopt international law that governs a particular
environmental issue or resource 55 . Although action at the national level is vital for the
47
During NIP implementation, the relevant governmental agency or ministry will monitor the environment and the
effectiveness of the measures articulated in the NIP. The NIP must be revisited to identify measures that are working
and areas in which further development is necessary and revised accordingly.
48
NIPs can identify policies, programmes, and plans through which specific measures may need to be taken in order
for the MEA to be effectively implemented. The process for developing them should be transparent, inclusive, and
participatory; such approaches are also effective in building the necessary support for their effective implementation.
49
To be effective and to be able to make decisions, this committee should have a mandate from the Cabinet or
relevant Ministries. Such a steering committee usually benefits from the involvement of multiple governmental
agencies as well as NGOs, universities, and other civil society actors.
50
other than, for example, National Biodiversity Strategies and Action Plans (NBSAPs), of which at least 3 have
been completed
51
Organisation of Eastern Caribbean States, 2001. The St. Georges Declaration of Principles for Environmental
Sustainability in the OECS. Organisation of Eastern Caribbean States, Castries, St. Lucia, 36p.
52
Commonwealth of Dominica
53
Manual of Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 209
54
Ibid., p 208
55
Ibid., p 223
7
implementation and enforcement of MEAs, these agreements constitute international law so
there is great potential for nations to share experiences, approaches and policies for their
implementation.
The St. George’s Declaration – a tool to facilitate compliance
26. In accordance a request 59 by OECS Ministers of the Environment, the OECS Natural
Resources Management Unit (now the Environment and Sustainable Development Unit,
ESDU) developed the St. George’s Declaration of Principles for Environmental
Sustainability in the OECS (SGD) 60 , which was signed by the OECS Ministers of the
Environment in April 2001. The Declaration sets out the broad framework to be pursued for
environmental management in the OECS region. Subsequent to the signing of the SGD,
OECS Member States developed the OECS Environmental Management Strategy (OECS
EMS) 61 to give effect to the SGD at the level of the OECS region.
27. Beginning in mid2005, OECS ESDU, in close consultation with Member States,
undertook a process to review the format and content of the SGD 62 . This review included the
identification of a number of supportive actions that Member States would agree to
56
Problems such as ozone depletion, biodiversity loss, transboundary movements of hazardous waste or endangered
species, manufacture and use of bioaccumulating hazardous substances (such as persistent organic pollutants), and
so forth are frequently global in nature; Manual of Compliance with and Enforcement of Multilateral Environmental
Agreements. UNEP, 2006, p 224
57
Such as those associated with the migration of species across one or more national border; Manual of
Compliance with and Enforcement of Multilateral Environmental Agreements. UNEP, 2006, p 224
58
The SGD (with it’s attendant OECS EMS) provides one such opportunity
59
At the Third Meeting of the Organisation of Eastern Caribbean States (OECS) Environment Policy Committee
(EPC) in September 1999, OECS Ministers of the Environment requested that the OECS Secretariat prepare an
“OECS Charter for Environmental Management” and “a regional strategy... that will become the framework for
environmental management” in the region.
60
Organisation of Eastern Caribbean States, 2001. The St. Georges Declaration of Principles for Environmental
Sustainability in the OECS. Organisation of Eastern Caribbean States, Castries, St. Lucia, 36p.
61
Organisation of Eastern Caribbean States, 2002. OECS Environmental Management Strategy. Organisation of
Eastern Caribbean States, Castries, St. Lucia
62
c.f. Organisation of Eastern Caribbean States. St. Georges Declaration of Principles for Environmental
Sustainability in the OECS (Revised 2006). Organisation of Eastern Caribbean States, Castries, St. Lucia 2007. p5.
8
implement, in partnership with and in support of local governments and nongovernmental
stakeholders 63 .
28. Consequent on the revision of the SGD was the development of an instrument to report
on national level progress in attaining the goals of the SGD 64 . The instrument was developed
through an extensive process of consultation with OECS Member States on their reporting
needs and constraints. While recognising that an SGD reporting instrument cannot replace
national reports on the implementation of specific international conventions and agreements,
it was designed to show the linkages and to facilitate reporting on these agreements to the
maximum extent possible.
Conclusion
29. Anderson has recommended that within the context of the St. George's Declaration and
the Environmental Strategy that Member States should agree upon a procedure to consider the
long term overhaul of the OECS system concerned with MEAs 65 . I suggest that the policy
framework set by the revised SGD, the regional implementation framework that is the OECS
EMS, the national implementing framework that the NEMS provide and the SGD reporting
instrument, within the context of the Treaty of Basseterre, collectively provide a mechanism
by which OECS Member States can increase their compliance with international
environmental law.
Bibliography
Anderson, W., 2001. MEAs: Facilitating Negotiation and Compliance – options for reform.
OECS Natural Resources Management Unit, Castries, St. Lucia.
Anderson, Rankin, VanderZwaag, (eds.), 1999. Strengthening Acceptance and Implementation of
Maritime Treaties and International Environmental Law Obligations in OECS Member States:
Treaty Guide, Case Studies and Workshop Proceedings. Oceans Institute of Canada,
International Court of Justice, 1996. Advisory Opinion on the Legality of the Threat or Use of
Nuclear Weapons, ICJ Rep. 1996, 226.
International Tribunal for the Law of the Sea, 1997, No. 1 Case. The M/V Saiga Case. Judgement
of 4 December 1997.
International Tribunal for the Law of the Sea, 1999. The M/V “Saiga” (No. 2). Judgement of 1
July 1999.
Murray, P.A., 2005. Capacity issues in the implementation of Multilateral Environmental
Agreements at the OECS subregional level Presented at the UNEP/ UNDP/GEF NCSA
63
This category of stakeholders includes civil society, the private sector, and regional institutions. The supportive
actions also provide guidance to Member States in the review of their National Environmental Management
Strategies (NEMS) but additionally, speak to a number of the compliance enhancing activities referred to in the
preceding section.
64
The SGD Report: Monitoring and Reporting Instrument and Guidelines for Use. Environment and Sustainable
Development Unit, Organisation of Eastern Caribbean States, Castries, Saint Lucia, 2007
65
Anderson, W., 2001. MEAs: Facilitating Negotiation and Compliance – options for reform. OECS Natural
Resources Management Unit, Castries, St. Lucia. p 25, para 91.
9
Regional Workshop for the English Speaking Caribbean, 28 June to 1 July 2005, Kingston,
Jamaica.
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St. Lucia, 36p
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10
Treaty
Of
Basseterre
Article 3.2
Joint Policies
OECS Dev.
Strategy
Op. Prog 1 Op Prog 2 Op Prog 3 Op Prog 4 Op Prog 5 Op Prog 6 Op Prog 7 Op Prog 8 Op Prog 9 Op Prog 10
Management of the Sustainable Integrated Education Poverty Job Creation Health Sustaining the Empowering Implementing
External Economic Production and And Eradication Services Stock of Disadvantaged The
Environment Development Marketing Training Natural Capital Groups Strategy
St. Georges
Declaration of
Principles
(SGD)
OECS
Environmental
Management
Strategy
MEA implementation in relation to the St. Georges Declaration, the OECS Development Charter and the Treaty of Basseterre
11