This handbook defines MEAs as those agreements with more than two parties—that is, multilateral is anything bigger than bilateral. The word has taken on a slightly different meaning for the trade community, for whom "multilateral" has come to mean "global." Below are the MEAs that are particularly relevant to trade regimes.

The Convention on International Trade in Endangered Species. The earliest of the key MEAs, CITES was drawn up in 1973 and entered into force two years later. CITES seeks to control trade in endangered species and their parts, as well as products made from such species. Three annexes list species identified by the Conference of Parties (on scientific advice) as being endangered to various extents. It establishes trade controls, ranging from a complete ban to a partial licensing system. CITES has long been known for the unusually active participation of non-governmental organizations—scientific and advocacy organizations in particular—in its deliberations. (146 parties)

The Vienna Convention on Substances that Deplete the Stratospheric Ozone Layer, with the Montreal Protocol. The Montreal Protocol establishes a regime of control for several classes of industrial chemicals now known to harm the stratospheric ozone layer. The result has been a ban on the production and use of several of them, together with severe limitations on others. It has successfully implemented the principle of precaution, by acting before the availability of clear scientific evidence, and that of common and differentiated responsibility, by establishing a fund to assist developing countries in their transition away from dependency on controlled substances. Its principal enforcement tool—apart from continuing public pressure—is the control of trade in ozone-depleting substances and trade in products containing controlled substances. It included the possibility of imposing controls on trade in products produced with (but no longer containing) controlled substances, but the parties have not considered it necessary to implement such controls. (Vienna Convention: 173 parties; Montreal Protocol: 172 parties)

The Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal. The Basel Convention resulted from the concern of developing countries, particularly in Africa, that they could become the dumping ground for hazardous wastes that could no longer be disposed of in the developed world. Developing countries and non-governmental organizations have continued to play a significant role in developing the regime. The Basel Convention has been marked by disputes over the most appropriate strategy for controlling the movement of hazardous waste (regional bans versus prior informed consent) and the technical difficulty in establishing unambiguous distinctions between wastes and materials for recycling. Parties have adopted amendments banning the export of hazardous waste from mainly OECD to non-OECD countries. (131 parties, 3 signatories, not ratified)

Convention on Biological Diversity. Opened for signature at the Rio Conference, the Convention's objective is conserving biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising from the use of genetic resources. The Convention has not been easy to operationalize. The very concept of "biodiversity" is a research construct developed in the past 20 years to better help us understand the natural environment. Protecting a research construct, as opposed to something tangible such as a species or specific habitat, is not a straightforward exercise. Potential conflicts between the CBD and the WTO TRIPS Agreement are discussed in section 5.7.1. (135 parties, 12 signatories, not ratified)

Framework Convention on Climate Change. The FCCC, adopted at the Rio Conference in 1992, is grappling with the most complex of all environmental issues, and the one with greatest potential for economic impacts. Since greenhouse gas emissions can rarely be limited with technical, "end-of-pipe" technologies, the principal strategy of the FCCC must be to change the pattern of future investment in favour of activities that generate less greenhouse gases. In December 1997 the Kyoto Protocol was adopted. It created two classes of countries—those with greenhouse gas limitation commitments and those without—and several institutions governing their relations. Although neither the FCCC nor the Kyoto Protocol includes trade measures, it is highly likely that the parties, in fulfilling their Kyoto obligations, will adopt trade-restrictive policies and measures. (180 parties)

Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. Many domestically banned or severely limited goods are traded internationally. For years there was controversy over the procedures to ensure that the appropriate authorities in the importing country were informed promptly. Indeed, a GATT working group devoted several years of negotiation to this topic, without achieving a generally acceptable result. UNEP (responsible for arrangements for managing potentially toxic substances) and the Food and Agriculture Organization (concerned with pesticide use) had a strong interest in developing a uniform system of notification. This needed to offer adequate assurance that information would be provided quickly, but also that it would reach the necessary authorities when needed. And it needed to create a system that permitted developing countries to stop the import of certain substances if they felt a need to do so. This goal has been served by the Rotterdam Convention. (62 signatories)

Cartagena Protocol on Biosafety. Cartagena is a Protocol to the CBD, covering trade in most forms of living genetically modified organisms and the risks it may present to biodiversity. It creates an advanced informed agreement system for LMOs destined to be introduced to the environment (such as micro-organisms and seeds), and a less complex system for monitoring those destined for use as food, animal feed or processing. It sets out a procedure for countries to decide whether to restrict imports of LMOs, spelling out, for example, the type of risk assessment that must be carried out. In allowing such decisions to be taken even where the risks are unknown, the Cartagena Protocol operationalizes the precautionary principle perhaps more clearly than any other international agreement to date. Opened for signature in May 2000, it will enter into force when ratified by 50 countries.

Emerging Regimes. Several other international environmental regimes exist, which are still being negotiated, or which are likely to remain based on a less formal understanding between the interested parties. The Convention on Persistent Organic Pollutants has been under negotiation for several years and is expected to be concluded by the end of 2000. Like the Montreal Protocol, the POPs Convention will establish an international regime for the control and, in many cases, the banning of certain pollutants that persist in the environment and can accumulate in the food chain, or that are suspected of disrupting hormones—chemicals known as endocrine disruptors. The international forest regime remains controversial and poorly articulated, and most observers doubt that it will coalesce into a multilateral agreement in the near future. We may yet see a private regime for sustainable fisheries emerge, the result of collaboration between producers and environmental non-governmental organizations on labelling for sustainable practices. Both of these regimes will be highly relevant for trade, since both involve widely traded commodities.

2.4.3 MEAs: Implementation and dispute settlement