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institutions have expanded dramatically across the globe. All countries have at least one
environmental law or regulation.1 Most countries have established and, to varying degrees,
empowered environmental ministries. And in many instances, these laws and institutions have
helped to slow or reverse environmental degradation.
A shining example of this is Costa Rica, a nation heavily dependent on natural resources in a
region that has often been ravaged by political strife (conflito político). The country has
increased life expectancy to more than 79 years, achieved 96 percent adult literacy, and built
per capita income to almost US$9,000 while setting and meeting ambitious environmental goals,
including already having doubled its forest cover to over 50 percent, and is on track to be climate
neutral by 2021.
Following the 1992 Rio Earth Summit, countries made a concerted effort to enact environmental
laws, build environment ministries and agencies, and enshrine environment-related rights and
protections in their national constitutions.
While environmental laws have become commonplace across the globe, too often they exist
mostly on paper because government implementation and enforcement is irregular,
incomplete, and ineffective.
While international technical and financial aid has helped scores of countries to develop
environmental framework laws, neither domestic budgeting nor international aid has been
sufficient to create strong environmental agencies, adequately build capacity for agency staff
and national judges in environmental law, or create enduring education about and enforcement
of the laws. As a result, many of these laws have yet to take root across society, and in most
instances, there is no culture of environmental compliance (conformidade/cumprimento
ambiental).
One of the greatest challenges to environmental rule of law is a lack of political will. Often, there
is a perception that environmental rules will slow down or impede development, with too little
consideration of the ways in which environmental rules contribute to sustainable development
over the long term. As a result, environmental ministries are often marginalized and
underfunded (subfinanciados).
A widespread problem with the initial framework laws is that many were based on laws of other
countries and failed to represent the conditions, needs, and priorities of the countries into which
they were imported. Moreover, framework environmental laws often lack key provisions
needed for effective implementation. They often did not specify concrete outcomes or set
objective goals against which to measure the laws’ performance. Only a few countries, such as
Kenya and South Africa, have adapted their laws to more closely reflect domestic conditions and
priorities.
laws may be uneven in their content and implementation. This can lead to fragmented
approaches that can result in robust environmental programs in some areas, and no funding or
attention to other areas.
backlash against environmental law has also occurred. Resistance to environmental laws has
been most dramatic in the harassment, arbitrary arrests and detentions, threats, and killing of
environmental defenders—forest rangers, government inspectors, local activists, and
professionals working to enforce environmental norms.