Leading Global Network for Environmental Compliance & Enforcement

1. INECE, THE INTERNATIONAL NETWORK FOR ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT Presentation for the EJTN-seminar "Fight against environmental offences” Jo Gerardu, INECE Secretariat Durbuy (Belgium), 24-27/05/2011

2. INECE Leadership in environmental compliance and enforcement • Only global network of environmental compliance and enforcement practitioners • +4.000 participants from +140 countries • Government regulators, international organizations, and select nongovernmental organizations • Key Funders and Leadership • Netherlands, United States, England and Wales, Brazil, Belgium, Canada, other national governments • European Commission, World Bank, UNEP, OECD • Regional enforcement networks in Africa, Asia, Central America, Europe, North America, and Australia/New Zealand • Communications Platform • http://www.inece.org Creating Value Through Compliance

3. The INECE Mandate • INECE mission guided by Agenda 21: • In 1992, UN Conference, Rio de Janeiro, Brazil • International mandate to build enforcement capacity • Enforcement is essential element for sustainable development • Supporting rule of law and good governance Creating Value Through Compliance

4. The Compliance and Enforcement Pyramid • “Environmental compliance and enforcement are the foundation for the rule of law, good governance, and sustainable development.” Creating Value Through Compliance

5. Compliance Creates Value • Avoid costs of non-compliance • Reduces economic, social and health risks • Levels playing field in the global economy • Maximizes ecosystem goods and services • Improves risk profile for public and private • Investment by preserving natural resources • Fulfills policy and legislative mandates • Advances the Rule of Law and Good Governance, ultimately leading to Sustainable Development Creating Value Through Compliance

6. INECE STRATEGIC GOALS • Raise awareness of the importance of environmental compliance and enforcement. • Strengthen capacity throughout the regulatory cycle to implement and secure compliance with environmental requirements. • Develop and support networks for enforcement and compliance cooperation. Creating Value Through Compliance

7. Raising Awareness • Handbook of principles of environmental compliance and enforcement • Compliance and enforcement indicators • Proceedings from 8 conferences • Regular newsletters/mailings • Making Law Work • Enforcement library at INECE web site Creating Value Through Compliance

8. Developing networks • First international workshop in 1990 in Utrecht leading to networks in: • Europe IMPEL • Australasia AELERT • Asia AECEN • Caucasus and Central Asia REPIN • Eastern Europe ECENA • East Africa EANECE • Arabic network, Middle East ANECE • North Africa NECEMA • North America CEC • Central America CCAD Creating Value Through Compliance

9. Strengthening Network Cooperation REPIN IMPEL CEC - EWG ANECE AECEN NECEMA CCAD EANECE AELERT Creating Value Through Compliance

10. Topic specific networks INECE has supported topic specific networks: • Water pollution • Wildlife trafficking • Seaport security • Prosecutors • Illegal logging and environmental crime • Training professionals Creating Value Through Compliance

11. Results Seaport Security network • 14 countries from Asia, Africa, Europe and the Americas participated. • Detected incidence of illegal shipments reported in 54% of forms, mainly related to mislabeled e-wastes. • Significant cooperation among environmental, customs and other port authorities • INECE supported the exercise by facilitating communications between the participating countries and developing tools to support the inspectors. • Confirmed the benefits of informal information sharing channels among countries. • Follow up project under discussion Creating Value Through Compliance

12. 9th INECE International Conference on Environmental Compliance and Enforcement • Enforcement Cooperation: Strengthening Environmental Governance • British Columbia, Canada, 20-24 June 2011 • Builds upon 20 years of INECE activities • 7 Workshop tracks: • A Enforcement challenges across borders • B Promoting compliance with climate-related requirements • C Proven compliance and enforcement strategies • D Improving implementation of environmental legislation • E Non-Traditional approaches • F Strengthening compliance institutions • G Developing effective enforcement networks Creating Value Through Compliance

13. Workshops at conference • Workshop: Green Courts • This workshop will seek to address the issue of proportionality of enforcement to noncompliance and the role Green Courts can play in ensuring fair enforcement with an overview of countries’ experience on balancing administrative and judicial enforcement so that response to non-compliance is more proportionate and timely. • Workshop: Networking among environmental prosecutors • Prosecutors play a crucial role assuring compliance with legal protection of flora, fauna, habitats and the environment. Workshop will focus on building a global network, define stakeholders and focus on benefits. Creating Value Through Compliance

14. Benefit of intergovernmental networking and cooperation • Build capacity of inspectors, police and prosecutors • Collaborate to solve problems • Exchange information • Raise public awareness of rules and their violations • Use INECE indicators to improve monitoring and assessment Creating Value Through Compliance

15. Your regulated community • How does a regulated community comply: • 20 % complies automatically without further regulation • 5 % attemps to invade every regulation • 75 % complies as long as they think that the 5 % non-compliers will get caught and punished • Figures will vary from country to country and from regulation to regulation and from regulated community to regulated community Creating Value Through Compliance

16. The importance of the Judiciary • The Judiciary plays a vital role by: • Providing coercion and the creation of incentives for voluntary compliance. • Providing guidance and creativity needed for sustainable development • By balancing environmental considerations in judicial decision making • Strenghtening the role of the executive in enforcing environmental regulations • Fighting international environmental crime Creating Value Through Compliance

17. International Judiciary activities • Environmental issues transcend borders meaning: • Coordinated international action is needed • Urgent need to strengthen capacity of judges and prosecutors • Need for a global Judiciary ? • Exchange judgements and information on environmental law and policy • Be informed on international environmental agreements Creating Value Through Compliance

18. CONCLUSIONS- DISCUSSION • There is a vital role for international compliance and enforcement networks like INECE • The Judiciary plays a vital role in domestic and international sustainable development • Is there a need for an international global judicial network of judges, court administrators and lawyers? • Is there a need for a forum on international law for sharing information, learning tools and models for success? Creating Value Through Compliance

19. CONTACT INFORMATION Durwood Zaelke Director of the INECE Secretariat Washington D.C. Phone: 1-202-338-1300 Email: inece@inece.org web: www.inece.org gerardu@inece.org Creating value through compliance

20. Acknowledgements Ken Markowitz, Managing Director, INECE Secretariat Meredith Reeves, Director of Programs, INECE Secretariat Nathan Borgford-Parnell, Staff Attorney, INECE Secretariat Creating value through compliance