The Current Challenges and Trends in Global Environmental Cooperation

The Current Challenges and Trends in Global Environmental Cooperation

Introduction.

International environmental cooperation has gradually evolved over the past 60 years. Many international policy documents and political declarations have been drafted, targets set and measures taken to address environmental problems. Numerous bilateral and multilateral agreements exist concerning water, land, and air, as well as a number of global environmental conventions. These conventions are usually the result of intensive negotiations and close collaboration between the countries concerned. At the same time, however, it is clear that all these efforts have not achieved enough in terms of solving global environmental problems.

The conservation of environment has remained as a factor over which states’ relationship in the international system has been carried out over the years. This system including in cooperative manifestations and conflictive expressions. Similarly, with numerous different issues, the global environment represents a lot of problems that are very complex and easy to widespread. The unilateral measures are not enough to forestall them.

Therefore, the relationships among states in the international system have been very active over the past decades in solving many of the environmental problems. There had been international environmental conferences on climate change, fresh water, biological diversity and more as their cooperative efforts to save the planet. Despite the obvious successes that have been recorded by these cooperative efforts, the international environmental cooperation is still fraught with a lot of challenges to make people aware of the importance in conserving and protecting the environment. This chapter will focus on five environmental problems such as climate change, biodiversity, ocean, sea and marine resources, fresh water and forest along with the efforts to conserve them.

1. Climate change

The world is facing the transition of temperature drastically and expected to face another 3.5 – 7.4 degree Celsius in less than 100 years. The climate change has changed the global landscape such as rising sea levels, violent and volatile weather patterns, desertification, famine, and water shortage. Most climate scientists agree the main cause of the current global warming trend is a human expansion of the "greenhouse effect".

Certain gases in the atmosphere block heat from escaping. The long-lived gases that remain semi-permanently in the atmosphere and do not respond physically or chemically to changes in temperature are described as "forcing" climate change. Gases, such as water vapor, which respond physically or chemically to changes in temperature are seen as "feedbacks." Gases that contribute to the greenhouse effect including water vapor, nitrous oxide, carbon dioxide, and methane.

Many efforts have been done in order to reduce the increment of the greenhouse gas emission however it is failed. One of them is COP-Copenhagen or 2009 United Nations Climate Change Conference. The framework for climate change mitigation beyond 2012 was to be agreed there. It was "taken note of", but not "adopted", in a debate of all the participating countries the next day, and it was not passed unanimously.

Then, COP-Cancun which is the 2010 United Nations Climate Change Conference. It affirms that climate change is one of the greatest challenges of our time and that all parties must share a vision for long-term cooperative action in order to achieve the objective of the Convention, including the achievement of a global goal. It recognizes that warming of the climate system is scientifically verified and that most of the observed increase in global average temperatures since the mid twentieth century are very likely due to the observed increase in anthropogenic greenhouse gas concentrations, as assessed by the IPCC in its Fourth Assessment Report. The agreement calls on rich countries to reduce their greenhouse gas emissions as pledged in the Copenhagen Accord, and for developing countries to plan to reduce their emissions. A 40-nation "transition committee" was to meet by the end of March 2011, but it was deferred until late April amid squabbles among Latin American countries and the Asia bloc about who should be on the committee.

Kyoto Protocol and Paris Agreement have underlined the mission to reduce the emission of the greenhouse gas below than 2-degree Celsius. On Earth, human activities are changing the natural greenhouse. For the past few centuries, the burning of fossil fuels like coal and oil has increased the concentration of atmospheric carbon dioxide (CO2). This happens because of the coal or oil burning process combines carbon with oxygen in the air to make CO2. To a lesser extent, the clearing of land for agriculture, industry, and other human activities has increased concentrations of greenhouse gases.

There are few reasons on the failure of this conservation effort failed such as domestic economic concerns, the current agreement only focusing on developed nations, no central authority- anarchy and financial crisis. So, they have to find another way of soft law or hard law to protect climate change because our generations depend on us today for their future.

2. Biological diversity (Biodiversity)

The states are facing the losing of biodiversity. Many efforts have been taken to conserve the biodiversity, but it required a lot of time and energy. The challenges in conserving biodiversity are the reluctance from the states to take seriously regarding this matter and lack of cooperation between them. However, they are getting realize after some of the species nowadays are getting endangered.

One of the efforts taken in order to conserve biodiversity is the Strategic Plan of the Convention on Biological Diversity (CBD). This plan is to develop national strategies. It has three objectives like to conserve biodiversity, to sustain the use of the components of biodiversity and to share the benefits from the utilization of genetic resources.

Then, they have introduced the Nagoya Protocol on Access and Benefit Sharing (ABS). The Nagoya Protocol on ABS was adopted in Nagoya, Japan to provide a transparent legal framework for the effective implementation of the objectives of the CBD. The Nagoya Protocol creates incentives to conserve and sustainable use of genetic resources and therefore enhances the contribution of biodiversity to development and human well-being. It is important in establishing more predictable conditions for access to genetic resources and helping to ensure benefit-sharing which is fair and equitable sharing of benefits from the utilization of genetic resources.

These convention and protocol have successes in bringing 2002 Bonn Guideline into an international legal framework. This is the starting point for international and national involvement in conserving the biodiversity. 2002 Bonn Guideline is intended to assist governments in the adoption of measures to govern access and benefit-sharing in their countries. They were adopted by the (CBD) in 2002. Their purpose is to help countries, like providers and users of genetic resources and to implement access and benefit-sharing (ABS) procedures effectively. They have 2 main aims which are to guide countries as providers in setting up their own national legislative, administrative or policy measures for access and benefit-sharing, such as recommending the elements that should make up a prior informed consent (PIC) procedure and to assist providers and users in the negotiation of mutually agreed terms (MAT), by providing examples of what elements should be included in these agreements. These elements including legal certainty and clarity, facilitating the transaction through clear information and formal procedures, reasonable periods of time for negotiations and terms set out in a written agreement.

This incentive not only manages to convince states to protect and preserve biodiversity but also success in implementing multilateral environmental agreements (MEAs). MEAs are agreements that bestow the obligation or commitment to the member states based on particular principle and areas of the environmental objective. It is strengthened with The Biological Diversity Act, 2002 (an Act of the Parliament of India to preserve their biological diversity) which also have the same vision with CBD. Article 3(1) stated that no person could obtain any biological resource that occurred in India or any knowledge related with it for the purpose of research or for commercial utilization without the approval from the National Biodiversity Authority (NBA) and also could not transfer the results of his research to any person or a body corporate or organization which not related with India like mentioned in article 4.

NBA is a statutory autonomous body under the Ministry of Environment and Forests, Government of India established in 2003 to implement the provisions under the Biological Diversity Act, 2002, after India signed Convention on Biological Diversity in 1992. If it successfully applied, this policy might be used as a model to solve other global environmental challenges.

3. Oceans, Seas and Marine Resources

The effort to conserve the oceans, seas and marine resources have been made for a long time but it still in the progress and required a lot of commitments from all parties. However, they are reactive rather than proactive which means they only take a control action after something happened rather than taking a preventive step earlier. Today, a world facing a challenge to prevent or at least regulate the oil pollution from the tankers and offshore drilling platform.

One example case is the explosion of the BP Deepwater Horizon rig at the Gulf of Mexico in April 2010 which caused 13 casualties or damage to marine and wildlife habitats. It is the largest accidental oil spill in the history of the petroleum industry. This accident is a prove for their biggest failure. The states should feel prompted to protect the marine environment and fishing industries by taking integrative action more than sectoral action which means precaution rather than prevent. They should stop the over-exploitation for stock of marine fish including whales. The worldwide operating fisheries organisations should better co-ordinate their activities to help in conserving the marine resources.

One of the efforts to conserve the sea, ocean and marine resources is the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing is a 2009 international treaty of the Food and Agriculture Organization (FAO) designed to prevent and eliminate illegal, unreported and unregulated fishing which is stated in its article 3(3). Then in article 1(a) of this agreement mentioned its purpose which is to conserve and manage living marine resources that are adopted and applied consistently with the relevant rules of international law. Besides, this agreement shall not prejudice toward the rights, jurisdiction, and duties of parties under international law which mean nothing from this agreement will be affected toward their rights of sovereignty on their territories like stated in article 4(1)(a) and article 4(4) describe that this agreement will be interpreted and applied according to international rules and standard.

Aside from that, they also apply Marine Protection, Research, and Sanctuaries Act of 1972 which also known as the "Ocean Dumping Act" of 1972. This Act allows the (Environmental Protection Agency) EPA to regulate the dumping activities of industrial and municipal wastes into the oceans or other territorial waters of the United States. This act is important in protecting our oceans and seas because it will stop people from the throw out their waste into the oceans. Article 307(c)2(a) stated that any person who is guilty shall be fined not more than $125,000 (for dumping medical waste into the ocean) or imprisoned for not more than 6 months or both.

There also an act that prevent people from hunting, killing, capture, and/or harassment of any marine mammal; or, the attempt at such under Marine Mammal Protection Act (MMPA) that introduced in 1972 to prohibit the import, export, sale, and hunting of marine mammals within the jurisdiction of the United States. This act protects all marine mammals, including cetaceans (whales, dolphins, and porpoises), pinnipeds (seals and sea lions), sirenians (manatees and dugongs), sea otters, and polar bears within the waters of the United States. Article 9 (1) stated that anyone who taking marine mammals without a permit will be liable into imprisonment, not more than 2 years or a fine, not more than $250,000.

4. FRESH WATER

One of the most pressing global issues currently facing mankind is the increase in the world population and its impact on the availability of freshwater. Recent estimates of water stocks and flows through the world's hydrologic cycle and their spatiotemporal variability illustrate the nature of current and projected water disparities throughout the world. As all such problems manifest themselves at smaller scales, a major challenge in freshwater assessments is how to handle this on different geographical scales.

The increasing use of water is creating water shortages in many countries that are projected to have significant population increases in the next 25 years. Humankind is projected to appropriate from 70% to 90% of all accessible freshwater by 2025. Agriculture is the dominant component of human water use, accounting for almost 70% of all water withdrawals. Hence, many of the solutions to water-related food and environmental security come from within agriculture by increasing the efficiency and productivity of water use. Many factors significantly impact the increasing water demand, including population growth, economic growth, technological development, land use and urbanization, the rate of environmental degradation, government programs, climate change, and others. Demand management, not increasing supply availability, is the realistic way forward. Although thanks to market forces, the threatened exhaustion of non-renewable resources has not happened, renewable resources, such as freshwater, remain problematic because they are vulnerable to human overuse and pollution. Climate change adds further risks and uncertainties to the global picture requiring the adoption of adaptive management in water resources based on monitoring and re-evaluation. Although climate change may be perceived as a long-term problem, it needs to be addressed now because decisions today will affect society's ability to adapt to increasing variability in tomorrow's climate. If we are to balance freshwater supply with demand, and also protect the integrity of aquatic ecosystems, a fundamental change in current wasteful patterns of production and consumption is needed. Recognition of the links between rapidly growing populations and shrinking freshwater supplies is the essential first step in making water use sustainable.

The Millennium Development Goals (MDGs) which expire at the end of 2015 were the first attempt of the international community to set goals with time‐limited targets for development. A large number of people on the planet have achieved the targets of the eight MDGs and some have surpassed them, albeit in some cases in an unsustainable manner. Consider the progress that can be made if there is agreement on goals, as with the MDGs, specifically the MDG to halve the number of people without access to safe drinking water by 2015. Because defining “safe drinking water” and monitoring it would be difficult, a target was built on “access to an improved source of drinking water.” In the 25 years from 1990, 2.5 billion people will have been provided with such improved access. Thus, an agreed, well‐defined goal will have been achieved with the will, the effort, the technical capacity, and the funds. The MDGs did not cover all the challenge areas; e.g., there were no targets covering the need for access to neither energy nor the threats of climate change. They did not take account of the important role of water in achieving most of the targets of the MDGs. Nor did the targets recognize the difference in national implementation capacity or priorities.

The Sustainable Development Goals (SDGs), to be finalized and adopted by the UN General Assembly in September 2015, will follow up on the MDGs and take account of lessons learned during the implementation of the MDGs. The 17 goals and over 160 targets in the draft document are based on a common definition of “the future we want” that comes from open consultation that attracted tens of thousands of stakeholders individually or through membership organizations. The overall objective is human well‐being. Individual nations, while agreeing to the common goals, will have the flexibility in setting targets to achieve them according to their own capacity and priority needs.

5. FOREST

Today the world is more complex and unpredictable than ever before. Some say we live in a global disorder, in a chaotic international system, which even the most pessimistic ones were not able to predict after the end of the Cold War since the current order is not unipolar, bipolar nor multipolar. There is still no world government-although an embryonic global governance system is emerging-and the fact that the US cannot rule the world the way it did in the 1990s, given the emergence of new powers in the international arena, seems to make it very difficult to identify present power relations. Furthermore, and paradoxically, globalization is fostering the resurgence of nationalism, because emerging economic powers seek to become political powers through national reaffirmation and Western powers, namely in Europe, are beginning to tackle the rise of nationalist, racist and xenophobic forces due to the inability to cope successfully with the financial crisis. However, the international community faces many global problems, such as the ones related to the environment, and unless it cooperates to solve them the chaos might become much greater than what we have recently seen.

I would dare to say that, taking into account the great disorder which can plague the international system in the absence of true cooperation strategies in the next years and decades, the current reality cannot be deemed chaotic, as what comes next has the potential to be orders of magnitude worse. Environmental issues and the ones related to the exploitation of natural resources, in particular, are perhaps the most global, both in their essence and scale of action and consequently, the future of humankind largely depends on the ability to create an effective web of multilateral governance. Thus, one can argue the world will move towards a new global order or disorder based on environmental challenges and on our ability or inability to deal with them.

ASEAN AND HAZE

Over the last 25 years, Southeast Asia had been affected by significant smoke pollution commonly referred to as the haze, which has mainly emanated from the widespread burning of forests and scrubs by smallholders and plantation operators within Indonesia. The haze has seriously affected air quality in the neighbouring countries. The article will consider the concerted efforts of the states of ASEAN to deal jointly with the problem, through various initiatives culminating in the ASEAN Agreement on Transboundary Haze Pollution of 2002.

ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION

On June 10, 2002, in Kuala Lumpur, Malaysia, ASEAN member nations signed the ASEAN Agreement on Transboundary Haze Pollution. This Agreement was the first regional proposal in the world that aimed to mitigate and prevent haze pollution through concentrated nationwide efforts and increased regional and worldwide cooperation. Unfortunately, two dilemmas lower the efficiency of the agreement. First, Indonesia, the main emitter, has yet to approve this agreement. The second issue is the weak mechanisms for the settlement of disputes and punishing non-compliance. Moreover, the agreement lacks measurable obligations and implementations. Coordination impairment amongst government organisations and the 2001 Indonesia Forestry Law fail to confer the maximum penalties and criminal punishments for illegitimate forest burning, encouraging amendment of the regulations. The ASEAN Haze Agreement is a mutual cooperative partnership; being neighbours of Indonesia, Malaysia and Singapore might force her to enforce domestic improvements with respect to smoke and fire management needs. Moreover, ASEAN's nonaggressive approach and policy of non-interference in member countries' domestic matters constrain Indonesia to implement the intense reforms that might successfully discontinue fires that produce the most transboundary pollution. None of the agreement's obligatory provisions specify any legitimate sanctions for noncompliance; nor is ASEAN constituted as an operative enforcement organisation.

ASEAN highlights technical collaboration that might, in fact, divert attention from strategies that could resolve basic causes of fires and transboundary pollution. To date, ASEAN representatives have claimed that the Haze Agreement's co-operative procedures deliver the region's most efficient channel to maintain both diplomatic pressure and technical assistance. In fact, the representatives mention that dialogues on the Haze Agreement were among the first times that ASEAN addressed serious differences amongst its participants. In 1997, Indonesia was overcome by the financial crisis in Asia and political disorder. Since that period, the transboundary haze and fires have persisted, becoming a yearly occurrence that upsets Singapore, Malaysia, and Brunei, with serious incidents occurring in 1999, 2002, 2004, 2006 and 2010.

In summary, the issue is recurring, and no sign of a permanent solution is in sight. During the June 2013 haze period, satellite pictures of burning land in Indonesia, mostly in the jurisdiction of Riau on the island of Sumatra, showed that the fires were occurring within large agro‐commercial plantations. However, the agro‐commercial community strongly denied responsibility for these fires, placing the blame on small‐scale local communities and farmers residing near or within their plantation territories. Hence, if ASEAN desires to be instrumental in resolving the haze pollution, it should reassess how to apply the principle of non-intrusion to this specific framework before this haze issue becomes aggravated in the near future. The following are the few hindrances in the implementation of the agreement. Institutional Capacity The main obstruction was and continues to be the insufficient standards of administration and governance at both the local and national levels in Indonesia herself. Even in 2002–2003, the forest fires demonstrated fiascos on the part of the district and provincial authorities, including government organisations. In fact, 23 laws were approved late in 1985 to address forest protection.

Unfortunately, the rules and laws are badly managed and enforced, therefore, the burning traditions continue. The inadequate application of the laws and rules is due to the lack of institutional ability with clear objectives, responsibilities, planning, and forest management workforce funding information to address the issue of forest fires. Workforce Limitations One more constraint on institutional ability at the local and national levels is the absence of a sufficient number of workers engaged in fire-related forest protection and management, which limits the translation of domestic policies into operative programmes.

The local courts in Indonesia also lack the awareness of related regulations and laws required to prosecute those involved in starting fires. Lack of Effective Restriction Enforcement of new Indonesian laws limiting environmental exploitation remains tremendously weak. Legal evidence shows only faults of the managers rather than of entire corporations. After the incidence of burning in Indonesia in 1997/1998, 176 plantation and logging companies and transmigration area originators were scrutinised by the government for illegal burning, but because of corruption, no-one was sentenced. Low level and less well-paid officers, including officers in the judicial system, can be easily bribed by rich plantation corporations for offences they commit. Whatever developments been formulated in the structural administration of government, corruption remains common and hampers efforts to limit forest burning and land conversion and to accuse those who break the law.

Conclusion.

The need for environmental problems to be tackled multilaterally is greater than ever. A study of future scenarios has shown that, in a business-as-usual scenario, the next few decades will see a sharp escalation in global environmental problems, such as climate change and loss of biodiversity, and shortages of fresh water, agricultural land, and natural resources. Many environmental issues cannot be solved by market forces alone and are therefore described as public goods or services. In these cases, regulation and governance are needed to correct market failures.

In our own opinion, mainstreaming and coherence would constitute a significant step forward, but in themselves will not suffice. Like gender and good governance, international environmental issues are currently a cross-cutting theme in development policy. An integrated vision of international cooperation should form the foundation of a new approach to transboundary environmental issues. This means that environmental cooperation will need to be upgraded to a priority or focal point of international cooperation policy, with its own budget.

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By group 13:

1) Ilmi Hanafi bin Hasnizar 245774

2) Mohammad Hadrie Syazwan bin Mohd Hanafi 242829

3) Muhammad Aliff Imran bin Abu Bakar 248489