Sustainable Development, Gender

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Sustainable Development, Gender International
Law

• WAVE Global Womens Assembly on Environment,
• Nairobi, Kenya / October, 2004
• Dr Maria Leichner Reynal,
• Lead Counsel, Centre for International
  Sustainable Development Law
• And President, Fundación ECOS

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Sustainable Development, Gender International
Law

• Effective International Law Matters

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What is International Law for?

• Global Problems
• Pressing social problems (unemployment, disease,
  continued gender and racial discrimination)
• Pressing economic problems (stalled growth,
  protectionism, inequity, poverty)
• Pressing environmental problems (air water
  pollution, climate change, biodiversity loss,
  toxics, desertification, waste)
• Attempts for Global Solutions (International Law)
• The United Nations, and the International Court
  of Justice?
• Social (CEDAW, ILO, WHO, UNCCPR, UNESCR,
  regionals)
• Economic (UNDP, WTO, IFIs, regionals,
  bi-laterals)
• Environmental (UNEP, CITES, Montreal Protocol, UN
  CBD Cartagena, UNFCC Kyoto, ITLOS)

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Sustainable Development Law The Cases

• Significant ICJ Decisions
• 1893 Pacific Fur Seal Arbitration (United States
  / Canada)
• 1907 Trail Smelter Arbitration (United States /
  Canada)
• 1974 Nuclear Tests Cases ICJ (Australia and NZ /
  France)
• 1993 Maritime Delimitation ICJ (Denmark / Norway)
• 1996 Legality of Use of Nuclear Weapons ICJ
  (Advisory Op)
• 1997 Gabcikovo Nagymaros, ICJ (Hungary /
  Slovakia)

• Relevant ITLOS Cases
• 1999 Southern Bluefin Tuna Prov. Measures
  (Australia and NZ / Japan)
• 2001 MOX Plant Order (Ireland / England)
• 2003 Johor Land Reclamation Prov. Measures
  (Malaysia / Singapore)
• Relevant WTO Cases
• 2001 Chile Swordfish Case (WTO ITLOS)
• 1991 US Tuna Dolphin Case
• 1996 US Reformulated Gas Case
• 1998 US Shrimp Turtle I Case
• 2003 US Shrimp Turtle II Case (Compliance)
• 1990 Thai-Cigarettes Case
• 1998 EU Beef Hormones Case
• 2000 EU Asbestos Case

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Sustainable Development Law The Treaties

• Three Tracks of Important International Treaties
• I 1972 92 CITES, Basel Hazardous Wastes,
  Vienna Ozone Montreal Protocol
• II 1992 2004 UN CBD and Cartagena Protocol,
  UN FCCC and Kyoto Protocol, UN CCD
  (desertification), Stockholm POPs Rotterdam
  PICs.
• 1947 - 2004 GATT/WTO and regional agreements (EU,
  NAFTA, Mercosur, CAN, SADC, FTAA)
• 1947 2004 UN Human Rights Covenants
  Instruments (1966 ICCPR ICESCR), ILO
  Conventions.

• More than 300 Other Relevant International
  Accords
• 1972 2002 ITLOS, Regional Fisheries and Seas
  Conventions
• 1968 /02 African Nature Conservation Treaty
• 1985 ASEAN Convention
• 1998 Aarhus Convention
• 1998 Espoo Convention, etc.

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Sustainable Development Law Theory
Sustainable Development Law Law at the area of
intersection between three fields, broader
purpose development that can last.
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Which Global Treaties Guide International Gender
Environment Law Policy?

• Convention on Elimination of Discrimination
  Against Women 1979 (CEDAW) Optional Protocol
  1995
• Covenants on Human Rights
• (ICCPR, ESCR, ILO Conventions)
• Multilateral Environmental Accords
• (CBD, UNFCCC, UNCCD, also PICs, POPs, Basel, and
  many others)
• a key area of intersection!

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Why Focus on Regimes not just Treaties?

• International Law is not just about international
  and regional treaties, and international cases in
  the ICJ, the Human Rights Tribunals, the WTO
  other places.
• International Law is the binding rules that
  control international cooperation between
  governments, the actions of international
  institutions, and the compliance monitoring
  processes.
• This is why we refer to Regimes, not just
  Treaties- to include the tribunals, institutions
  financing mechanisms that are part of making a
  treaty work.

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Sustainable Development, Gender International
Law
How to Mainstream Gender into MEAs
International Regimes on SD?
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Gender Mainstreaming in MEAs

• Women should be able to participate fully and
  equally in policy formulation and
  decision-making. Johannesburg Plan of
  Implementation (2002, 146 bis)
• The UN will Intensify its efforts to ensure that
  gender mainstreaming is an integral part of its
  activities concerning coordinated implementation
  of Agenda 21. Johannesburg Plan of
  Implementation (2002 126 (g)
• Gender mainstreaming the (re)organization,
  improvement, development and evaluation of policy
  processes, so that a gender equality perspective
  is incorporated in all policies at all levels and
  at all stages, by the actors involved in
  policy-making.
• Mainstreaming
• - A gender perspective is the process of
  assessing the implications for women and men of
  any planned action, including legislation,
  regimes, in all areas and at all levels.
• - A strategy for making women's as well as men's
  concerns and experiences an integral dimension of
  the design, implementation, monitoring and
  evaluation of regimes in all political, economic
  and social spheres,
• - So that women and men benefit equally and
  inequality is not perpetuated.
• - The ultimate goal is to achieve gender equality.

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Gender Mainstreaming in MEAs

• SOME OF THE CHALLENGES
• Analysis Action is Needed
• - How to integrate Gender into International
  Environmental Law, for Sustainable Development?
• - How to integrate Environmental Law Womens
  Rights, on all levels?
• - What are the linkages between the CEDAW and
  MEAs, and how to strengthen them?
• - How to mainstream gender in MEAs and other SD
  regimes (such as economic laws)?

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Gender Mainstreaming in MEAs

• SOME OF THE TOOLS
• - Gender Mainstreaming How is it defined and
  what are the policy considerations?
• - Mainstreaming Treaties and their Regimes What
  are the strategies, tools and methods?
• - Case Studies Which treaties/regimes are
  succeeding, and which ones need more work?

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Sustainable Development, Gender International
Law
The Book Sustainable Development, Gender
International Law A WAVE Project Idea
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Why Mainstream Gender into MEAs?

• A Part of the Solution
• New Legal Research Questions
• - How to ensure gender-sensitive negotiation,
  implementation and dispute resolution in
  international legal regimes related to
  sustainable development?
• - How can MEAs include and empower women, and
  contribute to gender equality, in accordance with
  the 1979 CEDAW and the commitments of the 2002
  Johannesburg Summit?

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Why Mainstream Gender into MEAs?

• A project that CISDL and other womens groups are
  undertaking (and you are invited to join)
• - The writing and publication of a new book
  Sustainable Development, Gender International
  Law
• - To push forward a new legal research agenda in
  this area, and make concrete recommendations to
  mainstream gender in MEAs and other international
  treaties on SD.
• - For women and men teachers, students,
  policy-makers, activists, scholars and others.
• - With preface by Beverly Miller Wangari
  Maathai, and chapters from women experts around
  the world.
• - For publication with Oxford University Press,
  Cambridge University Press or McGill/Queens
  Press.

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The Book A WAVE Project Idea

• First Draft Book Outline for WAVE Project Idea
• 1. Introduction
• 2. Integrating Gender into International
  Environmental Law for Sustainable Development
• 2.1 Sustainable Development Law Integrating
  Environment Womens Rights
• 2.2 Linkages Between the CEDAW and MEAs
• 3. Gender Mainstreaming in International
  Treaties Regimes
• 3.1 Gender Mainstreaming Definition and Policy
  Considerations
• 3.2 Analysing Treaties and their Regimes
  Strategies and Methods
• 4. Case Studies of Gender in International Law
  in the Field of Sustainable Development
• 4.1 Gender Aspects of the Rio Conventions
• 4.2 Gender Aspects of Health and Environment
  Chemicals Conventions
• 4.3 Gender Aspects of Selected Regional and
  Inter-Regional Treaties
• 5. Recommendations
• 6. Preliminary Bibliography

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The Book A WAVE Project Idea

• First Draft Book Outline for WAVE Project Idea
• 4. Case Studies of Gender in International Law
  in the Field of Sustainable Development
• 4.1 Gender Aspects of the Rio Conventions
• - The United Nations Convention to Combat
  Desertification and Drought
• - The United Nations Convention on Biological
  Diversity
• - The United Nations Framework Convention on
  Climate Change
• 4.2 Gender Aspects of Health and Environment
  Chemicals Conventions
• - The Basel Convention on Hazardous Waste
  Transport
• - The Stockholm Convention on Persistent Organic
  Pollutants
• - The Rotterdam Convention on the Prior Informed
  Consent Procedure for Certain Hazardous Chemicals
  and Pesticides in International Trade
• 4.3 Gender Aspects of Selected Regional and
  Inter-Regional Treaties
• - The Mercosur Framework Agreement on the
  Environment
• - The Aarhus Convention on Access to
  Information, Public Participation and Access to
  Justice
• - The Espoo Convention

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Sustainable Development, Gender International
Law
ASANTE SANA