1.  Introduction

INECE was well represented at the World Summit on Sustainable Development in Johannesburg (WSSD), where members of the EPC, the Secretariat, and other INECE associates organized, hosted, and participated in various conferences, workshops and dialogues that took place in the weeks leading up to, and during, the WSSD. 

2. Global Judges Symposium

The Global Judges Symposium, [1] organized by the United Nations Environment Programme (UNEP) and co-sponsored by INECE, brought together over 100 of the world's most senior judges from over 80 countries to discuss improving the adoption and implementation of environment-related laws.   The Symposium issued an action plan, the Johannesburg Principles on the Role of Law and Sustainable Development (see Appendix) to strengthen the development, use and enforcement of environment-related laws in a move that signals a new era in the quest to deliver sustainable development.  

Significantly, the Johannesburg Principles place a strong emphasis on enforcement and compliance, referring to enforcement over a dozen times in the three-page statement.  In addition to emphasizing the critical role of the judiciary in the enforcement of environmental law, the Principles specifically call for “the improvement of the capacity of those involved in the process of promoting, implementing, developing and enforcing environmental law.” They call for “full commitment to contributing towards the realization of the goals of sustainable development through the judicial mandate to implement, develop and enforce the law” and underline the critical importance of “implementation of national and international legal regimes…for achieving the goals of sustainable development.”

INECE was visibly present at the Symposium through the active participation of numerous EPC members including: Donald Kaniaru, who spoke on a number of panels and was one of the principal coordinators of the event; Antonio Benjamin who served as counselor to the Brazilian judicial delegation; Antonio Oposa who accompanied Chief Justice Davide of the Philippines; Adriana Bianchi who represented the World Bank, and made closing comments to the symposium; and Durwood Zaelke and Kenneth Markowitz, who assisted with the planning of the Symposium.

Numerous Symposium panels focused on the importance of the judiciary in promoting compliance and enforcement.  Notably, nearly every judge commented on the critical nature of effective implementation as a necessary component for the protection of the environment and the promotion of sustainable development.  Such implementation, according to a number of judges, takes place not only at the level of the adjudicators of environmental cases, but also during the remedy stage after judgments are rendered.

Several justices affiliated with the INECE network attended the event, including Justice Michael Decleris from Greece and Justice Amadeo Postigliani from Italy.   Numerous other judges expressed interest in joining INECE and working in conjunction with the INECE regional networks in the near future.

3. Envirolaw 2002

The INECE Secretariat assisted in the development of the conference program, recommended speakers from the INECE network and participated in the International Environmental and Sustainable Development Law Conference (ENVIROLAW 2002) [2] in Durban, South Africa from 22-25 August. This Conference brought together over 200 participants to hold discussions on environmental and sustainable development law.

The conference issued the Durban Statement (pdf) that noted the importance of “implementation and enforcement of environmental law” and called for the development indicators and an “Environmental Law Enforcement Index” that will build upon the INECE Enforcement Indicator Project.  The statement also highlighted the important role of regional and international networks in improving capacity for “effective development, enforcement and monitoring of environmental law.”

INECE was intimately involved in the conference at every stage.  Durwood Zaelke served on the conference statement drafting committee and chaired a panel, which included Antonio Benjamin, on Perspectives on Governmental Enforcement and Compliance and Kenneth Markowitz assisted in the development of the conference program and chaired the panel on the Role of Financial Incentives in Environmental and Social Development Governance. 

William Futrell delivered an expert keynote address on the importance of the WSSD as a vehicle for strengthening the role of national government. Lal Kurukulasuriya chaired the plenary on Perspectives on Governmental Enforcement and Compliance. Adriana Bianchi addressed the plenary on Establishing and Strengthening of Domestic Environmental and Sustainable Development Governance Frameworks.

4.   The Summit Institute for Sustainable Development

INECE also participated in the Summit Institute for Sustainable Development, a week of training courses in Johannesburg on environmental issues sponsored by the Smithsonian Institute US EPA, the South African Government, among others.  The INECE Secretariat developed with the United States Department of Justice a course on Citizen Participation in Environmental Policy and Enforcement. 

Durwood Zaelke led an inspired roundtable discussion of instructors representing many regions of the world and differing levels of economic development.  Particiapnts included  governments, NGOs, multilateral institutions and students.  The course focused on the importance of citizen participation in environmental policy formulation and enforcement.  Other INECE participants included: Mas Achmad Santosa from Indonesia, Carl Bruch from the Environmental Law Institute, Antonio Oposa, Antonio Benjamin, Jim Rubin and Kelly Johnson from the US Department of Justice and Kenneth Markowitz.  Other panelists included Salim Ebrahim, a South African attorney, Jody Kollapen, who serves on the South African Commission on Human Rights.

Other training modules at the Summit Institute also addressed aspects of environmental compliance and enforcement.  Davis Jones and Don Gipe of the US EPA led a course on Principles of Environmental Compliance Inspections that introduced inspectors to the inspection process and looked at the role of the inspectors in motivating compliance in an international setting.  It also covered planning and conducting inspections, collecting evidence, sampling, reporting results, and the role of the inspector in the enforcement process.  Davis and Don also teamed to teach the Principles of Environmental Enforcement and Compliance of the US EPA, focused on providing a framework for designing effective environmental compliance strategies and enforcement programs.  Other elements included: improving the enforceability of compliance strategies and enforcement programs; promoting more effective cooperation and implementation among ministries and other public and private sector groups; introducing a broad range of tools and authorities for enforcement responses; and introducing negotiation techniques to resolve violations.

Another course on Elements of Effective Legal Regimes for Environmental Protection, led by Joseph Freeman of the US EPA Office of the General Counsel, addressed the basic elements of effective legal frameworks for addressing pollution.  The class covered topics such as: polluter-pays principle, public participation and right-to-know, the role of science and precaution, ecosystems and community-based approach, sector approach, cost effectiveness, special needs of developing countries, as well as decentralization and the principle of subsidiary. 

For more information on these training modules, please visit: http://sustainability.si.edu

5.  IUCN Events

Several INECE members participated in IUCN’s conference on Environmental Law Foundations for Sustainable Development that took place from August 20 to 22 at the University of Natal in Pietermaritzburg, South Africa.  Donald Kaniaru spoke during the opening day on the topic of the  “Montevideo Action Plans” in a panel focusing on the environmental legal foundations for sustainable development.  William Futrell gave a presentation on Strengthening Legal Resources for Sustainability: Implementation, Coordination, Compliance and Enforcement of Environmental Law. This was followed by commentary from Antonio Benjamin speaking on Environmental Prosecutors and the Enforcement of Environmental Law, and Durwood Zaelke, speaking on the role of the International Network for Environmental Compliance and Enforcement.  In addition, INECE associate Wang Xi, [3] commented on Capacity Building in Environmental Law.

IUCN also hosted a special Environmental Law Center at the WSSD in Johannesburg, including over a hundred panels, workshops, and other events, focusing on a different theme each day.  Antonio Benjamin organized the event on Biodiversity and Poverty. Jacqueline Alois de Larderel, of UNEP, participated in one of the panels, and Durwood Zaelke chaired a panel that included Grethel Aguilar from IUCN Costa Rica and Juliana Santilli from the ISA in Brazil speaking on Access to Genetic Resources in Latin America, as well as Jay Pendergrass from the Environmental Law Institute speaking on Biodiversity and Conservation on Private Lands.  For a full schedule of this day’s event and other meetings held at the World Conservation Union’s “IUCN Center” please visit http://www.iucn.org/wssd.

5.  INECE Web Site on WSSD (http://inece.org/wssd.html)

As an integral part of its participation and coverage at the World Summit, INECE created a Web page to provide information from the Summit to the compliance and enforcement community and to assist INECE in raising awareness to the direct relationship between environmental enforcement and achieving sustainable results.  The INECE WSSD page contains links to key INECE documents relevant to the WSSD, as well as information on events that INECE sponsored or participated in and the outcomes of those events.  This page provides a gateway to other news, views, and documents related to the WSSD.  The INECE Secretariat will maintain this page by posting regular updates on WSSD outcomes, and the partnerships and projects related to environmental enforcement that result. Environmental enforcement stakeholders are encouraged to share ideas in the INECE forums (http://inece.org/forums.html) on achieving the ambitious targets set in The Johannesburg Declaration and the Plan of Implementation.

6.  Other Networking and Participation

The INECE Secretariat attended a selected number of events relevant to the work of the network to learn about global initiatives and make connections with practitioners and government delegates attending the Summit.  In addition to distributing the INECE Special Edition Indicators Newsletter at these events, the Secretariat also made relevant comments about how INECE and its members are or can be a part of ongoing efforts related to compliance and enforcement.  http://inece.org/Newsletter6.pdf

The Secretariat was actively building relationships with practitioners, scholars, and organizations around the world.  Durwood Zaelke met with Akio Morishima, Director of the Japanese Institute for Global Environmental Strategies while in Johannesburg.  As one of Japan’s select non-governmental environmental organizations, the IGES is interested in collaborating with INECE on future projects, including through their “eLearning for Sustainable Development” on-line training modules.

The Secretariat received significant support from a number of South African legal practitioners.  With the help of Robyn Stein and Salim Ebrahim, two highly respected lawyers practicing environmental law in South Africa, INECE was able to strengthen its knowledge of environmental compliance and enforcement in the region.  Jennifer Hall, Manager of Legal Services for the provincial government of Gauteng’s Department of Agriculture, Conservation, Environment and Land Affairs met with the INECE Secretariat to discuss the development of enforcement indicators, and Gidean Erasmus, Director of the Environmental Governance Trust also met to discuss this project. 

The Secretariat distributed the Special Enforcement Indicators Newsletter at various panels and events of special relevance to the enforcement and compliance of work of INECE, including the following:

The August 30^th panel Digital Opportunities for a Sustainable World looked at opportunities provided by the Web.  Specifically, the discussions considered how to remove barriers while building bridges between science and policy, north and south, communities and sustainable livelihoods.  Speakers addressed a number of questions, including:  What is the long-term impact of information and communication technologies on development?  How can the information society contribute to a sustainable world and to sustainable communities?  Can knowledge systems build the integrated models, assessments and future scenarios for global governance and local action and what strategic partnerships and investment are required to do so?  Participants included global experts in GIS, remote sensing, modeling and knowledge management, integrated assessments and scenarios, and community participation. 

The August 31^st presentation by the International Institute for Sustainable Development (IISD) and the Consultative Group on Sustainable Development Indicators discussed the Dashboard of Sustainability:  Indicators for Sustainable Development.  The IISD/European Commission Joint Research Centre initiative on sustainable development indicators is a visual online presentation tool.  The Dashboard demonstrates sustainability through a set of indicators relating to social, environmental, economic, and institutional clusters.  It provides quantitative and qualitative information and uses statistical analysis for data validation, which is then translated into graphics.  It also produces algorithms for defining indicators, aggregate gap-filling methods, and performance scale.  Data sources for the Dashboard include international data sets from the World Bank, UN Agencies, the OECD, and national statistical services.  Target audiences for the use of the Dashboard include high-level decision-makers, the media, the private sector, and the general public.  Jochen Jesinghause, of the European Commission Joint Research Centre stressed the need for continuity in indicator programs through long-term investment.  Discussion centered on the scientific and political dimensions of the dashboard, solutions for adding on to the indicators without distortion, causal relationships, and how to develop other forms of indicators for personal use.  For more information on this project, visit http://www.iisd.org or http://esl.jrc.it/dc.

At another event on the 31^st, South-South Cooperation for Sustainable Development, the governments of Bhutan, Benin, Costa Rica, and the Netherlands launched a new partnership for sustainable development, resulting from a follow-up to the bilateral sustainable development agreements (SDAs) between the Netherlands and the other countries.  The partnership is open to interested parties, and illustrates the potential for innovative global approaches to future work on achieving sustainable development.

The European Commission presented a panel on the 31^st discussing Forest Law Enforcement, Governance and Trade. The panel discussed the need for clear targets for halting the loss of biodiversity, and stressed that developed and developing countries have a shared responsibility to address illegal logging and related trade. The EU Commissioner for Development proposed an action plan to develop legislation that would only allow import of legally sourced timber; and improve transparency of logging companies' operations. David Kaimovitz, from the Center for International Forestry Research, stressed an urgent need for law reform and enforcement to achieve sustainable forest management. The importance of regional cooperation on law enforcement; involvement of all stakeholders in combating illegal logging; and adoption of domestic measures to address corruption was emphasized by Indonesia. Estheringe Lisinge, from the World Wildlife Fund - Cameroon, recommended independent monitoring of forest concessions and efficient involvement by civil society. For more information on this initiative, visit http://europa.eu.int/comm/external_relations/flegt/workshop/forest.htm.  

A special panel on New Partnerships, Institutions, and Networks for the Future held on September 4, 2002, provided an overview of the aims of the Summit partnerships.  The discussion looked at Type II Partnerships, how they link into their intended commitments, fit into a regulatory framework and supplement public activities.  The importance of monitoring and reporting systems for promoting accountability and transparency were stressed as key components of all Type II partnerships.  In particular, the OECD representative noted that multi-stakeholder participation needs to improve, as does a greater representation of regions and nations in implementing WSSD outcomes, specifically avoiding the domination of one or a few countries in the multilateral funding process.  The World Economic Forum (WEF) representative noted a need for reform in the Bretton Woods institutions in order to fulfill WSSD goals, and underlined the WEF focus on economics, human development, and environment partnerships.

In addition to these panels and other events, INECE associates sponsored a number of events during the Summit.  For example, on the evening of August 27^th, the Environmental Law Institute co sponsored an event on Theory and Practice of Environmental Governance at the Regional and Global Levels along with the Yale School or Forestry and Environmental Studies.  The same evening, the World Bank Institute launched the World Development Report 2003, entitled Sustainable Development with a Dynamic Economy.

Panelists focused on the key principals and components of environmental governance, including access to information, public participation, and dispute resolution mechanisms.  Gus Speth, Dean of the Yale School of Forestry and Environmental Science, stressed the importance of global environmental governance to sustainable development and underlined that to achieve such a goal requires the involvement and collaboration of both government and civil society.   Maria Ivanova, also of Yale, pointed out the need for effective information gathering through a structured clearing house mechanism.  Kaj Barlund from the UNECE addressed the Aarhus Convention on Access to Information, Public Participation, Decision Making and Access to Justice in Environmental Matters and its contribution to global governance.  For more information on this panel and topic, see http://www.yale.edu/envirocenter or http://www.eli.org

At the side event on International Law for Sustainable Development:  Principles, Practices and Prospects participants from the International Law Association, Envirolaw Solutions, the IUCN, the World Bank, the International Development Law Institute, and the governments of Switzerland and Canada, among others, gathered to discuss legal issues relating to sustainable development.  These issues spanned the spectrum of legal and economic topics from environmental conservation, human rights, domestic legislation, judicial reform, corruption, green financing, institutional frameworks, and governance.  Philippe Roch, of Switzerland, stressed the importance of shared domestic experience on developing sustainable development laws, including greater involvement from the economic sector.  Participants further discussed issues such as the common but differentiated responsibility and precautionary principles, the concept of common heritage, cooperation between all sectors of society, and capacity building.

Foundation for International Environmental Law and Development (FIELD), an INECE associate, sponsored an event at the IUCN Center on “Building Capacity for Negotiation and Implementing International Sustainable Development Regimes.”  The seminar focuses on the experience of Field and its partners in capacity building for negotiation and implementation of international legal regimes on climate change, biodiversity, biosafety, and trade.  In general, FIELD’s activities stress capacity building as a long-term investment that aims to strengthen institutions, including governments, universities, and NGOs.  It should also involve a broad range of stakeholders, strengthen cooperation at the regional level, use an integrated approach across multiple sectors and institutions, and focus on both process and substance.  FIELD’s approach to capacity building for implementing and negotiating environmental agreements may provide opportunities for INECE to coordinate activities. 

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