Signed: 1982
The United Nations Convention on the Law of the Sea (UNCLOS) was adopted in 1982. It lays down a comprehensive regime of law and order in the world’s oceans and seas establishing rules governing all uses of the oceans and their resources, including the rules regarding maritime boundaries, and rights and obligations regarding activities in territorial waters, Exclusive Economic Zones, the High Seas, archipelagoes, the Sea Bed and Continental shelves. It embodies in one instrument traditional rules for the uses of the oceans and at the same time introduces new legal concepts and regimes and addresses new concerns. The Convention also provides the framework for further development of specific areas of the law of the sea.
The Division for Ocean Affairs and the Law of the Sea (DOALOS) of the Office of Legal Affairs of the United Nations serves as the secretariat of the Convention on the Law of the Sea and provides information, advice and assistance to States with a view to providing a better understanding of the Convention and the related Agreements, their wider acceptance, uniform and consistent application and effective implementation. The Division monitors all developments relating to the Convention, the law of the sea and ocean affairs and reports annually to the General Assembly of the United Nations on those developments.
In addition, UNCLOS establishes a governance Agency and a Tribunal (International Tribunal for the Law of the Sea) for resolving conflicts under the Convention.
Signed: 1992
The Convention on Biological Diversity (CBD) was negotiated and adopted at the 1992 Rio Earth Summit and entered into force on 29 December 1993.
196 countries are party to the Convention.
It has 3 main objectives:
The Convention established a Secretariat to host the Conference of Parties to the Convention, provide reports on implementation of the convention and provide other administrative services.
The secretariat has no power to compel States Parties to adhere to their obligations under the Convention. Nor is their any requirement in the Convention for compulsory judicial process (tribunal or International Court of Justice) for unresolved disputes under the treaty or failure of States Parties to comply with it.
Signed: 1992
The United Nations Framework Convention on Climate Change (UNFCCC) is a multilateral treaty with the primary objective to stabilize greenhouse gas concentrations “at a level that would prevent dangerous anthropogenic (human-induced) interference with the climate system.”
Since entering into force in 1994, the UNFCCC has provided the basis for international climate negotiations, including landmark agreements such as the Kyoto Protocol (1997) and the Paris Agreement (2015). Today, it has near-universal membership with 198 countries having ratified the Convention.
A Conference of States Parties to the UNFCC (COP) is held annually for States Parties to evaluate progress on implementation of the Convention and protection of the climate. The COPs also provide an opportunity for other stakeholders (legislators, scientists, industry and civil society) to come together with governments and with each other to discuss climate protection goals and policies/initiatives to achieve these.
For more information see United Nations and Climate Change.
Signed: 1994
The United Nations Convention to Combat Desertification (UNCCD) was established in 1994 to halt, reverse and prevent desertification and to protect lands and ecosystems from the effects of drought.
There are 197 Parties to the Convention, including 196 country Parties and the European Union. The Convention – based on the principles of participation, partnership and decentralization – is a multilateral commitment to mitigate the impact of land degradation, and to protect land in order to ensure continued provision of food, water, shelter and economic opportunity to all people.
A Conference of States Parties (COP) was established by the Convention as its main decision-making body. It meets every second year and is responsible for guiding the Convention so that it can respond to global challenges and national needs.
In addition, UNCCD established a Global Mechanism (GM) in 1994 under Article 21 of the Convention to facilitate the mobilization of financial resources to implement the Convention and address desertification, land degradation and drought.
For more information see UN Convention to Combat Desertification homepage.
Signed: 1959
The Antarctic Treaty was adopted in 1959 in order to establish multilateral management of Antarctica and to protect the Antarctic environment. The treaty was negotiated by twelve countries whose scientists had been active in and around Antarctica during the International Geophysical Year (IGY) of 1957-58. The number of Parties to the Treaty is now 56.
The Treaty requires that Antarctica hall be used for peaceful purposes only (prohibiting military bases and military exercises), establishes freedom of scientific investigation and prohibits nuclear explosions and disposal of radioactive waste.
In 1991 a Protocol on Environmental Protection to the Antarctic Treaty was adopted which designates Antarctica as a “natural reserve, devoted to peace and science”.
The Protocol allows for scientific research but prohibits most other activities relating to Antarctic mineral resources, such as exploration, extraction or mining. The protocol also includes a number of annexes relating to the protection of marine areas and flora & fauna, liability for accidents, obligations to conduct Environmental Impact Assessments and other issues.
For more information see Antarctic Treaty secretariat homepage.
Signed: 2023
The United Nations High Seas Treaty, also known as the Biodiversity Beyond National Jurisdiction treaty, is a legally binding instrument adopted in June 2023 for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. The treaty is open for membership by states and regional economic integration organizations.
The treaty, which builds upon the UN Convention on the Law of the Sea, addresses four issues;
The treaty establishes a Conference of States Parties (COP) which will serve as the primary decision-making body, a Scientific and Technical Body of expert members from different geographies with multidisciplinary expertise which will advise the COP, and a Implementation and Compliance Committee which will serve in an advisory capacity without enforcement powers.
For more information see High Seas Treaty fact sheet (High Seas Alliance).
Signed: 1967
The Outer Space Treaty (full name Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies) was adopted in 1967.
The key provisions of the treaty are:
There are four additional treaties relating to specific activities in outer space, including the Rescue Agreement (Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space), Liability Convention (Convention on International Liability for Damage Caused by Space Objects), Registration Convention (Convention on Registration of Objects Launched into Outer Space) and the Moon Agreement (Agreement Governing the Activities of States on the Moon and Other Celestial Bodies).
Oversight and implementation of the Treaty is managed by the Committee on the Peaceful Uses of Outer Space (COPUOS) which was established by the UN General Assembly in 1959 and serviced by the United Nations Office for Outer Space Affairs.
Signed: 1987
The Montreal Protocol on Substances that Deplete the Ozone Layer is a global agreement to protect the Earth’s ozone layer by phasing out the chemicals that deplete it. This phase-out plan includes both the production and consumption of ozone-depleting substances. The landmark agreement was signed in 1987 and entered into force in 1989.
The parties to the Protocol meet once a year to make decisions aimed at ensuring the successful implementation of the agreement. These include adjusting or amending the Protocol, which has been done six times since its creation.
The most recent amendment, the Kigali Amendment, called for the phase-down of hydrofluorocarbons (HFCs) in 2016. These HFCs were used as replacements for a batch of ozone-depleting substances eliminated by the original Montreal Protocol. Although they do not deplete the ozone layer, they are known to be powerful greenhouse gases and, thus, contributors to climate change.
The Montreal Protocol provided a set of practical, actionable tasks that were universally agreed on. The Protocol has successfully met its objectives thus far and continues to safeguard the ozone layer today. Thanks to the collaborative effort of nations around the world, the ozone layer is well on its way to recovery.
Signed: 1973
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species.
Because the trade in wild animals and plants crosses borders between countries, the effort to regulate it requires international cooperation to safeguard certain species from over-exploitation. CITES was conceived in the spirit of such cooperation. Today, it accords varying degrees of protection to more than 40,000 species of animals and plants, whether they are traded as live specimens, fur coats or dried herbs.
Established: 1945
The International Court of Justice (ICJ) is an important governance body available to ensure legal protection of the environment through the application of treaty-based and customary law. The ICJ was established as the principal judicial organ of the United Nations. All UN Member States are, ipso facto, members of the ICJ. However, the jurisdiction of the court to consider cases has some limitations.
The Court has jurisdiction to consider environmental disputes (contentious cases) between UN member states: a) if both/all parties have accepted the compulsory jurisdiction of the Court, or b) if the dispute relates to a treaty which provides for ICJ jurisdiction and both parties to the dispute have ratified the treaty, or c) by mutual consent between the parties.
In addition, the UN Security Council, UN General Assembly, Economic and Social Council and a few other authorized UN bodies can request an Advisory Opinion from the ICJ on environmental or other issues.
An Advisory Opinion is a genuine case in which the Court considers and passes judgement on the law and international obligations under the law with regard to the question at hand. However, the difference from a contentious case is that the Advisory Opinion is not delivered to disputing States for implementation and compliance, but to the UN body requesting the opinion.
The ICJ has made important contributions to environmental protection through its deliberations and decisions on a number of cases including the Nuclear Tests Case (1974), Legality of the Threat or Use of Nuclear Weapons (1996), Gabčíkovo-Nagymaros Project (Hungary v Slovakia, 1997), Whaling in the Antarctic (Australia v Japan, 2014) and San Juan River case (Costa Rica v. Nicaragua, 2018). The ICJ is currently considering an Advisory Opinion on the Obligations of States in Respect of Climate Change.
Recourse to the ICJ for further legal protection of the environment could be enhanced through:
In addition, an Environmental Disputes Chamber could be added to the ICJ in order to enhance the scientific and legal expertise of the Court on environmental issues and to allow for a wider range of environmental cases to be added to the ICJ docket without causing undue delays in the consideration of such cases.
Established: 2006
The Human Rights Council (HFC) is an intergovernmental body within the United Nations system responsible for the promotion and protection of all human rights around the globe. The HRC is responsible for oversight, review and ensuring compliance with obligations of States under international human rights agreements and other international human rights law.
One of the most powerful governance mechanisms under the auspices of the HRC is the Universal Periodic Review, within which all UN member states come up for review, on a rotating basis, on their adherence to, and implementation of, obligations under international human rights law.
Over the past decade, the connections between environmental protection and human rights have been increasingly recognized in the United Nations and picked up in the HRC. In 2018, for example, the UN Human Rights Committee adopted General Comment 36 interpreting Article 6 of the International Covenant on Civil and Political Rights (the Right to Life), in which it affirmed that:
“Environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy the right to life. The obligations of States parties under international environmental law should thus inform the content of article 6 of the Covenant, and the obligation of States parties to respect and ensure the right to life should also inform their relevant obligations under international environmental law.”
What this means is that since 2018, the obligations of UN member states to protect the environment are now up for review as part of the Universal Periodic Review. This provides an important international governance mechanism for the monitoring and implementation of obligations to protect the environment.
This was further strengthened in July 2022 when the UN General Assembly adopted Resolution A/76/L.75 on The human right to a clean, healthy and sustainable environment, providing further guidance to the Human Rights Council in the Universal Periodic Reviews of UN member states under international humanitarian law.
Established: 1996
The International Tribunal for the Law of the Sea (ITLOS) is an independent judicial body established by the 1982 United Nations Convention on the Law of the Sea. It has jurisdiction over any dispute concerning the interpretation or application of the Convention, and over all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.
Disputes relating to the Convention may concern the delimitation of maritime zones, navigation, conservation and management of the living resources of the sea, protection and preservation of the marine environment and marine scientific research.
To date, 32 cases have been submitted to ITLOS including 3 Advisory Opinions on a range of issues including maritime boundaries, fisheries management, climate change (pending), deep sea-bed mining, incidents involving naval vessels and ocean dispersal of radioactive materials.
Established: 2014
The United Nations Environment Assembly (UNEA) was established in 2014 as an inclusive, international decision-making body for matters related to the environment. All UN Member States are members of UNEA and can participate in its deliberations.
UNEA sets priorities for global environmental policies and international environmental law, including the program of the UN Environment Program (UNEP). However, it does not have a role in ensuring compliance of UN member states with their obligations under international environmental law.
The UNEA Assembly meets annually for five days at UNEP headquarters in Nairobi. All UN Member States are Members of the UNEA and can participate in the Annual Session.
In addition there is a Bureau of the Environment Assembly consisting of the president, eight vice presidents and a rapporteur which is responsible for the general conduct of the Assembly’s business. And there is a Committee of Permanent Representatives which can meet between the annual sessions to review the implementation of the outcomes of the Assembly; guide the development of the programme of work and budget and monitor its implementation.
Modalities for the representation of governments, civil society representatives and other stakeholders in the annual sessions and inter-sessional meetings are outlined in the Handbook for Delegates to the United Nations Environment Assembly.