The 2005 UN World Summit, the environment and the role of the EU: Priorities, promises and prospects

Review of European Community and International Environmental Law

Volumn 15, Issue 1, 2006, Pages 11-22

  Morgera, Elisa ^a,b,c   Durán, Gracia Marín ^a,d  

^a EUROPEAN UNIVERSITY INSTITUTE   (Italy)

^b UNITED NATIONS DEVELOPMENT PROGRAMME   (United States)

^c Foundation for International Environmental Law and Development   (Belgium)

^d JOHNS HOPKINS UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

ENVIRONMENTAL LEGISLATION; ENVIRONMENTAL POLICY; ENVIRONMENTAL PROTECTION; EUROPEAN UNION; SUSTAINABLE DEVELOPMENT; UNITED NATIONS ENVIRONMENT PROGRAM;

EID: 33646810810     PISSN: 09628797     EISSN: 14679388     Source Type: Journal    
DOI: 10.1111/j.1467-9388.2006.00510.x     Document Type: Article

References (173)

1. The 2005 UN World Summit (High-Level Plenary Meeting of the Sixtieth Session of the United Nations General Assembly (UNGA) on the Follow-Up to the Outcome of the Millennium Summit) took place 14-16 September 2005, at UN headquarters in New York, in order to undertake a comprehensive review of the progress made towards the commitments articulated in the UN Millennium Declaration and in the integrated and coordinated implementation of the outcomes and commitments of the major UN conferences and summits in the economic, social and related fields. The Summit also considered possible reforms of the UN to adapt the organization to new realities and define specific tasks in this respect. See UNGA Resolution, Follow-Up to the Outcome of the Millennium Summit and Integrated and Coordinated Implementation of and Follow-Up to the Outcomes of the Major United Nations Conferences and Summit in the Economic and Social Fields (UN Doc. A/RES/58/291, 17 May 2004).
2. World Summit Outcome (UN Doc. A/60/1, 24 October 2005) (herein after 'the Outcome Document'). For an overview of the negotiations of the Outcome Document, see E. Tsioumani, '2005 World Summit - A Briefing Note', 35:4-5
3. Environmental Policy and Law (2005), 150-154.
4. A more detailed assessment of the environmental outcome of the 2005 UN World Summit can be found in E. Morgera, 'The 2005 UN World Summit and the Environment: The Proverbial Half-Full Glass?', 15 Italian Yearbook of International Law (2006), (forthcoming).
5. During the pre-Summit process (informal thematic consultations of UNGA, April 2005) and the informal negotiations (July-August 2005), the EU Presidency spoke on behalf of the 25 Member States, the acceding countries of Bulgaria and Romania, the candidate countries of Croatia and Turkey, the countries of the Stabilization and Association Process and potential candidates of Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, Serbia and Montenegro (thus on behalf of 34 countries). At the Summit and in the UNGA discussions on the follow-up and implementation of the World Summit Outcome (as of December 2005), two other countries aligned themselves to the EU Presidency's statements, namely Ukraine and Moldova (thus the EU spoke on behalf of 36 countries).
6. Monterrey Consensus of the International Conference on Financing for Development (A/CONF.198/11, 22 March 2002).
7. This should imply the doubling of the EU's annual development aid to over US$80 billion in 2010, compared to 2004 levels. See EU Presidency Statement, 2005 UN World Summit (14 September 2005) (hereinafter 'EU Statement of 14 September'), at 1. All EU Presidency statements cited in this article can be found on the website available at .
8. See EU Statement of 14 September, ibid.
9. This is taking into account both the bilateral contributions of each Member State individually and their collective contributions channelled through the EC budget. See European Commission, EU-UN Relations - Summary (12 September 2005), para. 4, available at .
10. EU Presidency Statement, Plenary of the General Assembly on the Secretary-General's Report as a Whole (6 April 2005) (hereinafter 'EU Statement of 6 April').
11. See EU Presidency Statement at the Discussions of the General Assembly on the Follow-Up and the Implementation of the Outcome Document (4 October 2005) (hereinafter 'EU Statement of 4 October').
12. In Larger Freedom: Towards Development, Security and Human Rights for All, Report of the Secretary-General (UN Doc. A/59/2005, 21 March 2005).
13. Ibid., Annex, 'For decision by Heads of State and Government', at 55-62.
14. Jean Ping, Letter to all Permanent Representatives to the United Nations (24 March 2005).
15. Revised Draft Outcome Document of the High-Level Plenary Meeting of the General Assembly of September 2005 submitted by the President of the General Assembly (UN Doc. A/59/HLPM/CRP.1, 8 June 2005) (hereinafter 'June draft').
16. Revised Draft Outcome Document of the High-Level Plenary Meeting of the General Assembly of September 2005 submitted by the President of the General Assembly (UN Doc. A/59/HLPM/CRP.1/Rev.1, 22 July 2005) (hereinafter 'July draft').
17. Revised Draft Outcome Document of the High-Level Plenary Meeting of the General Assembly of September 2005 submitted by the President of the General Assembly (UN Doc. A/59/HLPM/CRP.1/Rev.2, 5 August 2005) (hereinafter 'August draft').
18. UN Press Release, 'Adoption of 2005 World Summit Outcome Hailed as Historic Step Towards UN Reform' (16 September 2005), available at .
19. UN Press Release, 'UN Assembly President Outlines Plan of Action to Build on Summit's Gains' (23 September 2005), available at .
20. See EU Statement of 6 April, n. 9 above.
21. EU Presidency Statement, UNGA Consultations on Cluster I: Freedom from Want (25 April 2005) (herinafter 'EU Statement of 25 April')
22. and EU Presidency Statement, UNGA Consultations on Cluster IV: The Imperative for Collective Action (27 April 2005) (hereinafter 'EU Statement of 27 April').
23. Report of the High-Level Panel on Threats, Challenges and Change, A More Secure World: Our Shared Responsibility (UN Doc. A/59/565, 2 December 2004).
24. On the environmental relevance of the report, see F. Francioni, 'The Role of the EU in Promoting Reform of the UN in the Field of Human Rights and Environmental Protection', in Institute for Security Studies, The European Union and the United Nations: Partners in Effective Multilateralism, Chaillot Paper No 78 (2005), 31, at 42
25. and E. Morgera, 'The 2005 World Summit: UN Reforms and the Protection of the Environment', in Working Group on Environmental Law, The Future of Environmental Law: International and European Perspectives, European University Institute Working Papers Law No 2006/01 (2006), 15, at 16-17, available at .
26. For a more detailed discussion on the post-2012 framework to tackle climate change, see K. Kulovesi, 'How to Prevent Babies from Being Thrown Away with the Bathwater: Perspectives on the International Climate Regime from Buenos Aires to the Future', in Working Group on Environmental Law
27. ibid., at 22.
28. See Report of the Secretary-General, n. 11 above, paras 60-61.
29. United Nations Framework Convention on Climate Change (New York, 9 May 1992) (UNFCCC).
30. United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (Paris, 14 June 1994) (UNCCD).
31. Convention on Biological Diversity (Rio de Janeiro, 5 June 1992) (CBD).
32. See Report of the Secretary-General, n. 11 above, paras 57-59.
33. Ibid., para. 212.
34. Ibid., Annex, paras 5(k) and 5(l).
35. See EU Statement of 6 April, n. 9 above, at 1
36. and see EU Statement of 25 April, n. 20 above, at 1.
37. The MDGs are a set of eight interconnected and mutually reinforcing development goals, supported by 18 targets and tested against 48 indicators, to be achieved by 2015 in the areas of poverty and hunger, education, gender, child mortality and maternal health, major diseases, environmental sustainability and a global partnership for development. See Road Map Towards the Implementation of the United Nations Millennium Declaration: Report of the Secretary-General (UN Doc. A/56/326, 6 September 2001), Annex, available at .
38. See EU Statement of 6 April, n. 9 above, at 1.
39. UNGA Resolution, United Nations Millennium Declaration (UN Doc. A/RES/55/ 2, 18 September 2000) (hereinafter 'Millennium Declaration').
40. See EU Statement of 6 April, n. 9 above, at 2.
41. See EU Statement of 25 April, n. 20 above, at 1.
42. See EU Statement of 6 April, n. 9 above, at 2
43. and EU Statement of 25 April, n. 20 above, at 2.
44. See EU Statement of 6 April, n. 9 above, at 2 (emphasis added).
45. See EU Statement of 27 April, n. 20 above, at 4.
46. Council of the European Union, Presidency Conclusions (16/17 June 2005), para. 39, available at .
47. Discussions on reform of international environmental governance had already occurred for quite some time, both within and outside UNEP, with the French and sometimes other governments proposing the establishment of a stronger organization (see Joint Appeal of the Environment Ministers of Germany, France and Spain, The Time has come: We Need a Strong UN Environment Organization, BMU-Pressedienst No 134/05 (26 May 2005)).
48. See also F. Lenzerini, 'The Reform of Environmental Governance in the United Nations: The French Proposal', in Working Group on Environmental Law, n. 21 above, at 12.
49. See EU Statement of 27 April, n. 20 above, at 4.
50. See also P.M. Dupuy et al., Options and Modalities for the Improvement of International Environmental Governance through the Establishment of a UN Environmental Organization (2005), available at .
51. See EU Statement of 27 April, n. 20 above, at 2-5.
52. Kyoto Protocol to the UNFCCC (Kyoto, 11 December 1997).
53. See EU Statement of 25 April, n. 20 above, at 4.
54. Gleneagles Communiqué (Gleneagles, 8 July 2005), available at .
55. Ibid., para. 1.
56. Compare this with the Outcome Document, n. 2 above, para. 50.
57. Gleneagles Communiqué, n. 45 above, para. 2.
58. Compare this with the Outcome Document, n. 2 above, para. 51.
59. Gleneagles Communiqué, n. 45 above, para. 14.
60. Compare this with the Outcome Document, n. 2 above, para. 51.
61. Gleneagles Communiqué, n. 45 above.
62. Gleneagles Communiqué, ibid., para. 4.
63. Compare this with the Outcome Document, n. 2 above, para. 52.
64. This was to be held in conjunction with the First Meeting of the Parties to the Kyoto Protocol from 28 November to 9 December 2005.
65. See Gleneagles Communiqué, n. 45 above, para. 15.
66. Compare this with the Outcome Document, n. 2 above, para. 53.
67. Gleneagles Communiqué, n. 45 above, paras 5 and 6(a).
68. Compare these with the Outcome Document, n. 2 above, para. 55(a).
69. Gleneagles Communiqué, n. 45 above, paras 3 and 6(b).
70. Compare these with the Outcome Document, n. 2 above, paras 55(c) and (d).
71. See Outcome Document, ibid., paras 11, 24(b) and 39.
72. Ibid., para. 19.
73. Ibid., para. 22.
74. Ibid., para. 24.
75. Ibid., paras 26(b) and (c).
76. Ibid., para. 38.
77. Ibid., paras 97 and 98.
78. Ibid., para. 169, part 1.
79. Ibid., paras 48-56, at 12-15.
80. See June draft, n. 14 above, para. 18.
81. See Outcome Document, n. 2 above, para. 4.
82. Compare this with Millennium Declaration, n. 33 above, para. 6.
83. The same language was agreed upon at the World Summit on Sustainable Development in the Johannesburg Plan of Implementation (JPOI) (A/ CONF.199/20, 4 September 2002) Resolution 2, Annex, para. 125.
84. See, in particular, the section on 'Science and Technology for Development' of the Outcome Document, n. 2 above, para. 60.
85. See JPOI, n. 66 above.
86. See Outcome Document, n. 2 above, para. 169.
87. See also mention of 'proposals . . . for more tightly managed entities in the field of environment', in ibid., para. 169, part 3.
88. EU Presidency Statement to the General Assembly on the September Summit (21 June 2005) (hereinafter 'EU Statement of 21 June').
89. Ibid.
90. and EU Presidency Statement, Draft Outcome Document of High-Level Plenary Meeting of the General Assembly (28 July 2005) (hereinafter 'EU Statement of 28 July').
91. See Negotiating Text for the Development Section of the World Summit Outcome Document (1 September 2005) (hereinafter 'September Text on Development').
92. See Greenpeace Press Release, 'UN World Summit: Empty Words on Climate Change' (16 September 2005), available at .
93. See Outcome Document, n. 2 above, para. 53.
94. Ibid., para. 51.
95. The Gleneagles Communiqué, n. 45 above, para. 14 states 'Those of us who have ratified the Kyoto Protocol welcome its entry into force and will work to make it a success'.
96. See Outcome Document, n. 2 above, para. 51.
97. Ibid., para. 53.
98. See, specifically, ibid., para. 60(d).
99. See also September Text on Development, n. 72 above.
100. See Outcome Document, n. 2 above, para. 55.
101. Ibid., para. 65(i).
102. 'EU Commissioner Ferrero-Walder's Notes from UN Press Conference on the Eve of the UN World Summit 2005' (SP05-411EN, 13 September 2005).
103. The other agency is UN-HABITAT.
104. See June draft, n. 14 above, para. 99.
105. See Outcome Document, n. 2 above, para. 169 (emphasis added).
106. See also mention of 'proposals . . . for more tightly managed entities in the field of environment', in ibid., para. 169, part 3.
107. Ibid., para. 155(a).
108. Ibid., para. 169, second indentation, under 'Operational Activities'.
109. See UN Department of Public Information, Secretary-General Announces Formation of new High-Level Panel on UN System-Wide Coherence in Areas of Development, Humanitarian Assistance, Environment (16 February 2006), available at .
110. See Outcome Document, n. 2 above, para. 56(h), in which governments reiterated their commitment to assist developing countries' efforts to prepare integrated water resource management and water efficiency plans, and to provide access to safe drinking water and basic sanitation.
111. See ibid., para. 56(k), in which world leaders reiterated their support to promoting the sound management of chemicals and hazardous waste throughout their life cycle, and minimizing significant adverse effects on human health and the environment.
112. See EU Statement of 21 June, n. 70 above.
113. See EU Statement of 14 September, n. 6 above, para. 16.
114. See Outcome Document, n. 2 above, para. 56(o).
115. The International Meeting to Review the Implementation of the Programme of Action for the Sustainable Development of Small Island Developing States was held 10-14 January 2005 in Port Louis, Mauritius.
116. See 'Summary of the International Meeting to Review the Implementation of the Programme of Action for the Sustainable Development of Small Island Developing States: 10-14 January 2005', 8:47 Earth Negotiations Bulletin (17 January 2005), at 6.
117. On the broader issue of transport of radioactive material and SIDS, see D. Currie and J. Van Dyke, 'Recent Developments in the International Law Governing Shipments of Nuclear Materials and Wastes and their Implications for SIDS', 14:2 RECIEL (2005), 117.
118. Mauritius Strategy for the Further Implementation of the Programme of Action for the Sustainable Development of Small Island Developing States (UN Doc. A/CONF.207/11, 14 January 2005), Annex II, para. 25.
119. UN Press Release, 'Annan Calls Summit Draft Good Although it does not have Everything He Wanted' (13 September 2005), available at , in which Kofi Annan considered the lack of agreement on non-proliferation and disarmament 'a real disgrace'.
120. See EU Statement of 14 September, n. 6 above
121. EU Statement of 4 October, n. 10 above
122. and EU Presidency Statement, Follow-Up to World Summit Outcome on Development (13 December 2005) (hereinafter 'EU Statement of 13 December').
123. Council's Conclusions on the UN World Summit, 2687th External Relations Council Meeting (CL05-276EN, 7 November 2005) (hereinafter 'EU Council Conclusions').
124. See EU Statement of 14 September, n. 6 above, at 1
125. and, generally, n. 4 above.
126. See EU Statement of 14 September, n. 6 above, at 2.
127. Ibid.
128. Ibid.
129. Ibid.
130. See EU Statement of 4 October, n. 10 above, at 2.
131. Ibid., at 1.
132. Ibid.
133. EU Statement of 13 December, n. 97 above, at 1.
134. See Council's Conclusions, n. 98 above, Annex.
135. Ibid., at 2.
136. US agreement to references to the MDGs was seen by some as a significant step in development policy. However, a close reading of the relevant text in para. 17 of the Outcome Document, n. 2 above, indicates the narrow interpretation of the MDGs that is given. The MDGs in this case appear to be limited to the contents of the Millennium Declaration, thus arguably not including the MDG indicators. Paragraph 17 reads: 'We strongly reiterate our determination to ensure the timely and full realization of the development goals and objectives agreed at the major United Nations conferences and summits, including those agreed at the Millennium Summit that are described as the Millennium Development Goals, which have helped to galvanize efforts towards poverty eradication' (emphasis added).
137. See Council's Conclusions, n. 98 above.
138. Ibid.
139. In light of the wide range of policy areas covered by the Outcome Document and of the division of competences between the EU and its Member States under EU law, the implementation of the different commitments undertaken at the 2005 World Summit will be carried out by the EU institutions and the Member States acting together, or by each of them individually. It should be noted that the majority of policy areas fall under the shared competences between the EU and the Member States, as in the case of environmental policies and development cooperation.
140. Although it should be noted that Council Conclusions are adopted by unanimity.
141. See H. Wallace, W. Wallace and M.A. Pollack, Policy-Making in the European Union (Oxford University Press, 2005), chapter 3.
142. Council of the European Union, Presidency Conclusions (16238/04, 16-17 December 2004), paras 64-66
143. Council of the European Union, Presidency Conclusions (16238/1/04 REV 1, 22-23 March 2005), paras 48-49
144. and Council of the European Union, Council Conclusions: Progress Towards Achieving the Millennium Development Goals (CL05-130EN, 24 May 2005), available at (hereinafter 'Council Conclusions of 24 May').
145. Communications of the European Commission: Commission Communication of 12 April 2005 on Accelerating Progress towards Achieving the Millennium Development Goals - The European Union's Contribution, COM(2005)132; Commission Communication of 12 April 2005 on Policy Coherence for Development - Accelerating Progress towards Attaining the Millennium Development Goals, COM(2005)134; and Commission Communication of 12 April 2005 on Accelerating Progress towards Attaining the Millennium Development Goals - Financing for Development and Aid Effectiveness, COM(2005)133. These communications were followed by another communication from the Commission, Commission Communication of 13 July 2005 on Proposal for a Joint declaration by the Council, the European Parliament and the Commission on the European Union Development Policy, 'The European Consensus', COM(2005)311. For an overview, see EU Mission at the UN, Questions and Answers: The Commission's MDG Package (12 April 2005), available at .
146. See Council Conclusions of 24 May, n. 116 above
147. and more recently 'Joint Statement by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on the European Union Development Policy', [2006] OJ C46/1.
148. See H. Wallace et al., n. 115 above, chapter 17
149. E. Cannizzaro (ed.), The European Union as an Actor in International Relations (Kluwer Law International, 2002)
150. and R. Frid, The Relations between the EC and International Organizations: Legal Theory and Practice (Kluwer Law International, 1995).
151. See 'EU Commissioner Ferrero-Walder's Notes', n. 81 above.
152. See EU Council Conclusions, n. 98 above, at 2.
153. Ibid.
154. See the commitment in the Outcome Document to adopt, by 2006, and implement comprehensive national development strategies to achieve the internationally agreed development goals and objectives, including the MDGs, found in Outcome Document, n. 2 above, para. 22(a).
155. See EU Statement of 14 September, n. 6 above.
156. Treaty Establishing the European Community, [2002] OJ C325, Article 177(3).
157. That is open to all developing countries. See, for instance, Council Regulation (EC) No 2493/2000 of 7 November 2000 on Measures to Promote the Full Integration of the Environmental Dimension in the Development Process of Developing Countries, [2000] OJ L288; and Council Regulation (EC) No 2494/2000 of 7 November 2000 on Measures to Promote the Conservation and Sustainable Management of Tropical Forests and Other Forests in Developing Countries, [2000] OJ L288.
158. Generally on Association Agreements, see S. Peers, 'EC Frameworks of International Relations: Cooperation, Partnership and Association', in A. Dashwood and C. Hillion (eds), The General Law of EC External Relations (Sweet & Maxwell, 2000), 160-176.
159. On Association Agreements and environmental integration, see G. Marín Durán and E. Morgera, 'Towards Environmental Integration in EC External Relations? A Comparative Analysis of Selected Association Agreements', 5 Yearbook of European Environmental Law (forthcoming).
160. The GSP is a unilateral trade policy instrument through which major industrialized countries grant preferential tariff treatment to products originating in developing countries on a non-reciprocal and voluntary basis, and without extending the same treatment to the 'like products' from other industrialized countries. See, in particular, the discussions on the recently reformed GSP Plus in G. Marín Durán and E. Morgera, 'Case Note on the WTO India-EC GSP Dispute: The Future of Unilateral Trade Incentives linked to Multilateral Environmental Agreements', 14:2 RECIEL (2005), 173-179.
161. See G. Marín Durán and E. Morgera, n. 127 above.
162. See EU Statement of 4 October, n. 10 above.
163. Ibid.
164. See H. Wallace et al., n. 115 above, chapter 14.
165. See EU Statement of 4 October, n. 10 above.
166. See P. Barrios et al., 'Summary of the Ninth Special Session of the UNEP Governing Council/Global Ministerial Environment Forum: 4-9 February 2006', 16:54 Earth Negotiations Bulletin (13 February 2006), at 11.
167. Ibid.
168. See WWF Press Release, 'Getting the Environment back on the World Summit Agenda' (14 September 2005), available at . It should be recalled that, in June 2005, a 2-day civil society dialogue was held at UNGA to discuss the proposed UN reforms.
169. See UN Press Release, 'General Assembly Begins Two-Day Dialogue with Civil Society, with Focus on UN Reform Proposals, 2005 World Summit' (GA/ 10359, 23 June 2005)
170. UN Press Release, '"Together We Can Make Poverty History", Secretary-General tells Closing Session of General Assembly Hearings with Civil Society' (GA/10361, 24 June 2005).
171. See UN Press Release, 'World Leaders Pledge Wide-Ranging Steps on Poverty, Terrorism, Human Rights, UN Reform, as 2005 Summit Concludes in New York' (GA/10385, 16 September 2005), available at , according to which Venezuela complained that the Outcome Document was 'conceived in darkness', Cuba that there had been 'gross irregularities in the negotiation process', and Belarus that the 'document had not really brought all nations together'.
172. It should be noted that the heads of MEAs present at a UNEP workshop on the environment and the MDGs in the lead up to the UN Summit in July 2005 expressed concern about the limited attention devoted to environmental issues in the draft Outcome Document under discussion and about the closed-doors consultations that were taking place. See C. Bai and E. Morgera, 'Summary Report of the High-Level Brainstorming Workshop for MEAs on Mainstreaming the Environment beyond MDG-7: 13-14 July 2005', 112:1 Mainstreaming the Environment Bulletin (17 July 2005).
173. In fact, this sentiment is also reflected in the Outcome Document. See Outcome Document, n. 2 above, para. 172.