http://www.inece.org

International Network for Environmental International Network for Environmental Compliance and EnforcementCompliance and Enforcement

ECENA 1ECENA 1stst Plenary Meeting Plenary MeetingJanuari 19-20, 2006Januari 19-20, 2006

ZagrebZagreb

Henk RuessinkHenk Ruessink(i.c.w. INECE Secretariat)(i.c.w. INECE Secretariat)

Environmental Law, Good Governance, Sustainable Environmental Law, Good Governance, Sustainable Development: Opportunities and PerspectivesDevelopment: Opportunities and Perspectives

http://www.inece.org

The Need for EnforcementThe Need for EnforcementSince 1972, both multilateral environmental Since 1972, both multilateral environmental

agreements and national environmental laws & agreements and national environmental laws & agencies have increased.agencies have increased.

But environmental quality continues to decrease.But environmental quality continues to decrease.

Growing consensus that weak compliance & Growing consensus that weak compliance & enforcement is a key reason.enforcement is a key reason.

Agenda 21 Agenda 21 established an international mandate to established an international mandate to build enforcement capacity as an essential element build enforcement capacity as an essential element

of environmental management.of environmental management.

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Closing the Gap:Closing the Gap: Transgovernmental Networks Transgovernmental Networks

INECE is such a network.INECE is such a network.

Solves “trilemma”:Solves “trilemma”:

• need more global rules, need more global rules,

• without centralized power, without centralized power,

• but with political accountability.but with political accountability.

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About INECEAbout INECE

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What is INECE?What is INECE?• Global network of environmental compliance & Global network of environmental compliance &

enforcement practitionersenforcement practitioners– More than 4,000 from more than 120 countriesMore than 4,000 from more than 120 countries– Government officials, international governmental Government officials, international governmental

organizations, & non-governmental organizationsorganizations, & non-governmental organizations

• Key partnersKey partners– Netherlands, United States, Environment Agency, Netherlands, United States, Environment Agency,

European Commission, Brazil, Canada, other national European Commission, Brazil, Canada, other national governmentsgovernments

– World Bank, UNEP, OECDWorld Bank, UNEP, OECD

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What is a Transgovernmental What is a Transgovernmental Network?Network?

• Form of cooperation involving government Form of cooperation involving government officials (and sometimes NGOs) officials (and sometimes NGOs)

• Operates informally (without a formal Operates informally (without a formal treaty or institution)treaty or institution)

• Allows officials to interact with, cooperate Allows officials to interact with, cooperate with, and learn from their peers in other with, and learn from their peers in other countriescountries

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INECE Strategic Work ProgramINECE Strategic Work Program• Raising AwarenessRaising Awareness

– Issue Analysis (e.g., White-papers)Issue Analysis (e.g., White-papers)– Publications (e.g., Publications (e.g., Making Law WorkMaking Law Work) & message promotion) & message promotion

• Capacity BuildingCapacity Building– Principles of Enforcement Principles of Enforcement and Other Coursesand Other Courses– International and Regional ConferencesInternational and Regional Conferences– Performance Measurement: INECE ECE IndicatorsPerformance Measurement: INECE ECE Indicators

• Enforcement Cooperation Enforcement Cooperation – Emissions Trading, Hazardous Wastes, Illegal Logging, Water Emissions Trading, Hazardous Wastes, Illegal Logging, Water

Resources Management, Ozone Depleting SubstancesResources Management, Ozone Depleting Substances– Regional and Topic-Specific NetworksRegional and Topic-Specific Networks

• e.g., Maghreb (Nothern Africa), AECEN (Asia)e.g., Maghreb (Nothern Africa), AECEN (Asia)• e.g., prosecutors, judgese.g., prosecutors, judges

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Multiple PlayersMultiple Players

• Scientists Scientists • Parliamentarians Parliamentarians • RegulatorsRegulators• Prosecutors Prosecutors • JudgesJudges• Civil SocietyCivil Society• IndustryIndustry

• AcademicsAcademics• Media Media • Intergovernmental Intergovernmental

OrganizationsOrganizations• International Financial International Financial

InstitutionsInstitutions• Capital MarketsCapital Markets

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BeginningsBeginnings• 19851985 – MOU between US EPA and Dutch VROM – MOU between US EPA and Dutch VROM

to cooperate on environmental enforcementto cooperate on environmental enforcement

• 19891989 – Ongoing bilateral exchange between US – Ongoing bilateral exchange between US EPA and Dutch VROMEPA and Dutch VROM

• 19901990 - The first International Enforcement - The first International Enforcement Workshop held in Utrecht, The NetherlandsWorkshop held in Utrecht, The Netherlands

• SubsequentSubsequent Conferences in Budapest, Oaxaca, Conferences in Budapest, Oaxaca, Chiang Mai, Monterey, San Jose, and MarrakechChiang Mai, Monterey, San Jose, and Marrakech

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77thth INECE Conference INECE Conference• Marrakech, 9-15 April 2005Marrakech, 9-15 April 2005• Approx. 200 participants, from 63 countries / 124 Approx. 200 participants, from 63 countries / 124

organizationsorganizations• 6 plenaries; 25 workshops6 plenaries; 25 workshops

• Reports at Reports at www.inece.org/conference/7/www.inece.org/conference/7/

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Key Marrakech Conference Key Marrakech Conference OutcomesOutcomes

• Promoted role of compliance and Promoted role of compliance and enforcement in achieving sustainable enforcement in achieving sustainable developmentdevelopment

• Developed “Developed “Marrakech Statement” Marrakech Statement” and Call and Call to Actionto Action

• Initiated process for launching an Initiated process for launching an enforcement network for the Maghreb regionenforcement network for the Maghreb region

• Generated significant list of “ideas for action”Generated significant list of “ideas for action”

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Key Marrakech Conference Key Marrakech Conference OutcomesOutcomes

• Agreed to develop a wildlife enforcement and Agreed to develop a wildlife enforcement and compliance network compliance network

• Agreed to enhance the capacity of Agreed to enhance the capacity of parliamentarians parliamentarians

• Launched initiative to collect and record Launched initiative to collect and record “Stories of Success”“Stories of Success”

• Developed new strategic partnerships Developed new strategic partnerships

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Environmental Compliance & Environmental Compliance & Enforcement IndicatorsEnforcement Indicators

• Measure and manage program performance and Measure and manage program performance and effectivenesseffectiveness

• INECE INECE Performance Measurement GuidancePerformance Measurement Guidance

• Developing training program for identification, Developing training program for identification, design, and use of these Indicatorsdesign, and use of these Indicators

• Pilot projects around the worldPilot projects around the world

• INECE/UNEP indicators for implementation of INECE/UNEP indicators for implementation of multilateral environmental agreementsmultilateral environmental agreements

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Water Governance CourseWater Governance Course• Water governanceWater governance refers to the systems in place refers to the systems in place

to regulate the development and management of to regulate the development and management of water resources and provision of water serviceswater resources and provision of water services

• Three modules in Course: Three modules in Course: – writing enforceable legal requirementswriting enforceable legal requirements– ensuring compliance and enforcementensuring compliance and enforcement– performance measurementperformance measurement

• Case study and class exercises focusing on Case study and class exercises focusing on pollution of riverspollution of rivers

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Judicial RemediesJudicial Remedies

• Global and Regional Judges SymposiaGlobal and Regional Judges Symposia– Capacity buildingCapacity building– TrainingTraining

• Comparative Judicial Remedies ProjectComparative Judicial Remedies Project– Comparative data on penalty policiesComparative data on penalty policies– ““Penalty calculator” tool built on the best Penalty calculator” tool built on the best

practices of judges and regulators from practices of judges and regulators from around the world.around the world.

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Enforcement Cooperation Enforcement Cooperation ProjectsProjects

• Logging and WildlifeLogging and Wildlife– Wildlife Enforcement Network to promote Wildlife Enforcement Network to promote

NGO and government cooperationNGO and government cooperation

• ““Green Customs” and “Ecomessage” Green Customs” and “Ecomessage” – Technical assistance, (inter)national contacts, Technical assistance, (inter)national contacts,

information exchange, and technical supportinformation exchange, and technical support

• Hazardous Waste at PortsHazardous Waste at Ports– Coordinating efforts to curtail “port shopping”Coordinating efforts to curtail “port shopping”

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Chapters include:

• Compliance Theories

• MEAs in Action

• Domestic Strategies

• Courts, Tribunals, & Liability

• Information Regulation

• Compliance Assistance

• Regulators’ Choice of Strategies

• Indicators

• Transgovernmental Networks

• Compliance & Competitiveness

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INECE Web SiteINECE Web Site

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Starting a Maghreb NetworkStarting a Maghreb Network

((Morocco, Algeria, Tunesia, Lybia and Mauretania)

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What Can Networks Do?What Can Networks Do?

• By working directly peer-to-peer, networks By working directly peer-to-peer, networks can:can:– flexibly and quickly disseminate informationflexibly and quickly disseminate information– enhance enforcement cooperationenhance enforcement cooperation– harmonize laws and regulationsharmonize laws and regulations– address common problems from shared address common problems from shared

perspective shaped by experience and perspective shaped by experience and expertiseexpertise

• Build capacity of enforcement officersBuild capacity of enforcement officers

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Existing ECE NetworksExisting ECE Networks

• INECE INECE

• IMPEL (EU) IMPEL (EU)

• AECEN (Asia)AECEN (Asia)

• CEC (N. America)CEC (N. America)

• REPIN (EECCA) REPIN (EECCA)

• ECENA (Balkans) ECENA (Balkans)

• Green CustomsGreen Customs

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Basic things for NetworksBasic things for Networks

• Identify geographic scope and key participantsIdentify geographic scope and key participants• Establish clear mission, multi-year work plan Establish clear mission, multi-year work plan

with clear focus, and strategies for linking to with clear focus, and strategies for linking to existing enforcement networksexisting enforcement networks

• Identify coordinator and chair of networkIdentify coordinator and chair of network• Develop strategic plan with goals, priority Develop strategic plan with goals, priority

projects, activities, timeframes, personnel, projects, activities, timeframes, personnel, partners, budget, metrics, and other strategies partners, budget, metrics, and other strategies (e.g., communications, web)(e.g., communications, web)

• Develop sustainable funding strategyDevelop sustainable funding strategy

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What Could a Maghreb Network Do?What Could a Maghreb Network Do?

• ECE Indicators projectECE Indicators project• Enforcement cooperation on waste in portsEnforcement cooperation on waste in ports• Peer review enforcement systems to assess Peer review enforcement systems to assess

capacity building needscapacity building needs• Trainings (e.g., Principles of Enforcement; water Trainings (e.g., Principles of Enforcement; water

governance)governance)• Share knowledge and build contacts among Share knowledge and build contacts among

regulators, enforcers, inspectors, etc.regulators, enforcers, inspectors, etc.

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ConclusionConclusion

Successful networks: Successful networks: – Respond to an identified needRespond to an identified need– Adhere to a Strategic Plan Adhere to a Strategic Plan – Empower participantsEmpower participants– Stay focused but remain responsive to new Stay focused but remain responsive to new

needsneeds– Leverage potential of networkingLeverage potential of networking

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Contact InformationContact Information

Durwood ZaelkeDurwood ZaelkeDirector of SecretariatDirector of Secretariat

Geneva & Washington, DC Geneva & Washington, DC

Email: Email: zaelke@inece.orgzaelke@inece.org

Web: Web: www.inece.orgwww.inece.org