Manual on Compliance with and Enforcement of Multilateral ...

esources, biodiversity, wildlife, and environmental safety and health. The Guidelines outline
actions and measures for strengthening national enforcement and international cooperation
in combating violations of laws implementing MEAs. They emphasise the need for laws and
institutions, particularly those necessary to support effective enforcement and pursue actions
to deter and respond to environmental law violations and crimes.
The Guidelines intend to inform and improve the manner in which Parties implement
their obligations under MEAs. The Guidelines recognise the independent legal status of
each MEA, and that the most appropriate implementation mechanisms and procedures
will depend on the particular MEA and State in question. The Guidelines have been developed
to remedy shortcomings in compliance that are common in many situations, despite
expanded national implementing legislation.
The purpose of the Guidelines is to assist Governments and MEA secretariats, relevant
international, regional and subregional organizations, national enforcement agencies,
NGOs, the private sector and other stakeholders in enhancing and supporting implementation
of MEAs. Simultaneously, the Guidelines acknowledge that Parties to agreements are
best situated to determine the approaches for carrying out MEA obligations. The Guidelines
also advocate consideration of compliance issues at the design and negotiation stage, as
well as after the entry into force of MEAs. The Guidelines address situations where:
2
n national legislation may be lacking;
n there is a lack of awareness of the relevant regulations, including among
industry, consumers, or enforcement authorities;
n costs of compliance create a financial incentive for evasion;
n there are inadequate penalties;
n there are difficulties with detection;
n there is a dearth of resources and technical capability;
n information and economic expertise may be lacking; and/or
n there are shortcomings in transboundary cooperation and monitoring.
structure of the Guidelines
There are three parts to the Guidelines. The opening part, or introduction, recalls the
basis of preparing the Guidelines. It notes the advisory and non-binding nature of the
Guidelines, stating that the Guidelines in no way affect or alter the obligations in MEAs.
Insofar as the Guidelines are concerned, “compliance” refers to the extent of fulfilment by
a State of its obligations under an MEA, i.e., whether it is in compliance or not. In other
words, “compliance” is generally used in an international context, and “enforcement” is
generally used in a national one.
Following the introductory part, Chapter I of the Guidelines deals with enhancing compliance
with MEAs. Chapter I defines “compliance” in terms of obligations under an MEA.
“Implementation”, in Chapter I, means enacting and promulgating relevant laws, regulations,
policies, and other measures and initiatives necessary for Parties to meet their obligations
under an MEA.
manUal On COmPlianCe WiTH anD enFOrCemenT OF meas