The role of UNEP for the protection of environment
The UN body that coordinates global environmental work: how it was created, what it does and what it cannot do
Scope: The United Nations Environment Programme: creation, governance, its catalytic and coordinating role, and its limits.
In one minute
UNEP is the United Nations Environment Programme. The General Assembly set it up on 15 December 1972, after the Stockholm conference. Its home is Nairobi.
It is not an environmental police force. Its job is to watch the state of the environment, set the agenda and help States negotiate treaties. It cannot force any State to obey.
Exam focus
- Frequency: Rarely asked
- Usually asked as: Long answer (10 to 15 marks)
Legal provision
- General Assembly resolution 2997 (XXVII), 15 December 1972: the resolution on institutional and financial arrangements for international environmental cooperation, which led to UNEP and a 58-member Governing Council.
- General Assembly resolution 67/251 (March 2013): renamed the Governing Council as the UN Environment Assembly, after the Council moved to universal membership in 2013.
Meaning and definition
UNEP is the main UN body for environmental matters. It is a programme of the United Nations, not a treaty body. Its work is to coordinate, to advise and to build agreement among States.
Detailed explanation
Step 1: creation and structure
The Stockholm conference of 1972 recommended a standing UN body. The General Assembly acted by resolution 2997 (XXVII). The resolution set up the institutional arrangements: a Governing Council, an Environment Secretariat, an Environment Fund and a coordination board. UNEP began work in 1972.
The Governing Council had 58 members. Its first session with universal membership was held in Nairobi in February 2013. The General Assembly then renamed it the UN Environment Assembly by resolution 67/251 in March 2013. All UN Member States now take part.
Step 2: a catalytic and coordinating role
UNEP does three main things.
- It monitors the global environment and reports on it.
- It identifies new problems and sets the agenda.
- It gives scientific and diplomatic support when States negotiate treaties.
The word catalytic describes the role. UNEP prompts action by others. It does not itself enforce treaties.
Step 3: treaties linked to UNEP
Many multilateral environmental agreements grew out of UNEP work or sit beside it. The Convention on Biological Diversity was adopted in Nairobi on 22 May 1992 under UNEP auspices. The 1982 Nairobi session was a special session of the UNEP Governing Council. UNEP has also served the Basel Convention on hazardous wastes and the ozone treaties.
Example. Countries want a treaty on a new chemical. UNEP prepares scientific reports, hosts the talks in Nairobi and, once the treaty is signed, may host its secretariat. The treaty stays legally separate from UNEP.
Step 4: limits
UNEP cannot order a State to cut pollution or punish a breach. Its strength is agreement and science, not force.
Because UNEP cannot enforce, its results depend on the consent of States. A treaty prepared with its help binds only the States that ratify it. Each treaty then has its own Conference of the Parties to review how it is working. A good exam answer ties UNEP to three points: its origin at Stockholm, the treaties it helps produce, and its lack of enforcement power.
Don't confuse: UNEP, the UN Environment Assembly and a treaty body
| Point | UNEP | UN Environment Assembly | Treaty body (Conference of the Parties) |
|---|---|---|---|
| What it is | The UN programme and secretariat for the environment | UNEP's governing body, once the Governing Council | The decision-making body of one treaty |
| Members | Part of the United Nations | All UN Member States since 2013 | Only the Parties to that treaty |
| Power | To coordinate and support | To guide UNEP's work | To review and develop its own treaty |
Inside the concept. UNEP prepares a scientific report on a chemical, and the UN Environment Assembly asks it to start treaty talks. This is UNEP's coordinating role.
Just outside it. The Parties to a treaty meet to change the treaty's own rules. That is the work of the treaty's Conference of the Parties, not of UNEP.
Common mistakes
- Describing UNEP as an enforcement agency.
- Saying UNEP was created at the Stockholm conference. It was set up by a General Assembly resolution later in 1972.
- Placing its headquarters in Geneva. It is in Nairobi.
- Treating a treaty's Conference of the Parties as part of UNEP. Each treaty body is separate.
Leading case laws
No Indian court case turns on the role of UNEP. The body appears through the treaties it serves, which are studied in their own notes.
How to write this answer in the exam
5-mark answer
- Creation: resolution 2997 (XXVII), 15 December 1972.
- Headquarters: Nairobi.
- Three functions.
- No enforcement power.
10-mark answer
- Link to the Stockholm conference.
- Structure: Governing Council to UN Environment Assembly.
- Catalytic and coordinating role.
- Treaties linked to UNEP.
- Limits; conclusion.
Key points to remember
- UNEP: General Assembly resolution 2997 (XXVII), 15 December 1972; Nairobi.
- Governing Council of 58 members, replaced by the UN Environment Assembly with universal membership.
- Role: monitor, set the agenda, support treaty-making.
- No enforcement power.
Quick self-test
1. Which resolution created UNEP?
General Assembly resolution 2997 (XXVII), 15 December 1972.
2. Where is UNEP based?
Nairobi.
3. Can UNEP enforce environmental treaties?
No. Its role is to coordinate and support.