CHAPTER 3

Multilateral environmental agreements for the Arctic

MEAs and biodiversity I

MEAs are internationally agreed-upon measures to protect the environment and/or to promote sustainable development. It is generally recognized that MEAs require the engagement of stakeholders at all levels to make them truly effective. For the purposes of this report, the term MEA is intended to include conventions, protocols, and other related international agreements.

Although many MEAs are legally binding, some Arctic states consider MEAs and species agreements as soft law. The

II

terminology of soft law and hard law can be controversial. Soft law is generally used in reference to commitments that are not legally binding, while hard law is used to refer to commitments that are legally binding. In international law, treaties, international agreements, and customary international law are usually considered to be hard law. However, the Convention on Biological Diversity, for example, recognizes that states have sovereign rights over their own biological resources and legal requirements are to be implemented in national legal frameworks. For some states, it is these national legal frameworks that provide the hard law dimension.

Ratification of multilateral environmental agreements Number of countries

200 World Heritage 150

CITES CMS

Ramsar UNCLOS

Vienna/Montreal Basel

100

UNFCCC Kyoto

UNCCD CBD

Rotterdam Stockholm

Cartagena

50

0 1971 1975 1980 1985 1990 1995 2000 2005 2007 Source: UNEP, Yearbook 2008. 24 PROTECTING ARCTIC BIODIVERSITY