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Published on May 7, 2008

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Sustainable Development, Gender & International Law:  Sustainable Development, Gender & International Law WAVE Global Women’s Assembly on Environment, Nairobi, Kenya / October, 2004 Dr Maria Leichner Reynal, Lead Counsel, Centre for International Sustainable Development Law And President, Fundación ECOS Sustainable Development, Gender & International Law:  Sustainable Development, Gender & International Law Effective International Law Matters What is International Law for?:  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) 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 Sustainable Development Law: The Cases Sustainable Development Law: The Treaties:  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. Sustainable Development Law: Theory:  Sustainable Development Law Law at the area of intersection between three fields, broader purpose: “development that can last.” Sustainable Development Law: Theory Which Global Treaties Guide International Gender & Environment Law & Policy?:  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! Why Focus on Regimes not just Treaties?:  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. Sustainable Development, Gender & International Law:  Sustainable Development, Gender & International Law How to Mainstream Gender into MEAs & International Regimes on SD? Gender Mainstreaming in MEAs:  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. Gender Mainstreaming in MEAs:  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 & Women’s 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)? Gender Mainstreaming in MEAs:  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? Sustainable Development, Gender & International Law:  Sustainable Development, Gender & International Law The Book: Sustainable Development, Gender & International Law A WAVE Project Idea Why Mainstream Gender into MEAs?:  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? Why Mainstream Gender into MEAs?:  Why Mainstream Gender into MEAs? A project that CISDL and other women’s 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/Queen’s Press. The Book: A WAVE Project Idea:  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 & Women’s 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 The Book: A WAVE Project Idea:  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 Sustainable Development, Gender & International Law:  Sustainable Development, Gender & International Law ASANTE SANA

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