The Case of Cross-Border Chemicals

A draft treaty is necessary so as to lay a foundation of what a country wants the main purpose
of a treaty is to help, protect and safeguard a country, it gives a country bargaining power and
a seat at the table which helps in having its grievances addressed and concerns met. The type
of treaty that ought to be drafted in this particular scenario is a Multilateral Environmental
Agreement. According the United Nations Environment Programme (UNEP), the number of
cases dealing with the environment have significantly increased over the past years and have
become a major factor in global rule making.
There has been extensive literature on the effect of environmental regulation vis a vis the
economy of a country, there are two schools of thought concerning the matter those for
regulation and those against it. Those against believe that the cost of regulation is too
expensive and as a result reduces international competitiveness, causes plants to be shut down
leading to poor economic performance. On the other hand those for regulation argue that lack
of it will lead to irreversible consequences that outweigh the cost of impimentation, for
instance if an ecosystem is affected it takes many years to go back to the state it was and in
most cases this is not achieved, the effects are long-term.
The draft treaty should contain guidelines on how to deal with the chemical pesticide TCP,
which causes respiratory illnesses to neighbouring countries and pollutes the environment,
the draft should put into consideration the UN Framework Convention on Climate Change
(UNFCCC) which provides for principles that countries should adhere to for example the
polluter pays principle and guidance on how to resolve environmental disputes. A list ought
to be made of hazardous chemicals that are to be banned, the need for exchange of
information and informed consent.
The collapse of the Brendanian Trout population is also a major issue that ought to be
addressed in the draft treaty, a leaf should be borrowed from the Convention on Biological
Diversity whose main focus is to ensure sustainable use of biological components and sharing
its benefits. When drafting the treaty the Uruguay River pulp mill dispute should be taken
into consideration so as not to repeat the same mistakes, there should be a provision on joint
coordination on the use and development of the river.

The Case of Cross-Border Chemicals

The treaty should have a definition section followed by the objective of the treaty thereafter
the principles that need to be followed by the countries, there should also be a commitment
section where the parties to the treaty agree to adhere to it and in case they do not there will
be consequences, for example penalties such as the polluter pays principle. An enforcement
body may be established in the form of a secretariat whose main aim will be to facilitate the
countries, help in coordination preparation of reports, among other duties.
A dispute solving mechanism should also be included in the treaty, arbitration should be
encouraged and negotiations, a conciliation commission may be set up to assist in dispute
resolution. The nature of a treaty being that of international law, it is prudent to submit
disputes to the International Court of Justice for determination.