The World Health Organization as actor in international environmental law? An analysis by example of the global waste challenge

• Published date: 01 November 2021
• Author: Rahel Zimmermann
• Date: 01 November 2021
• DOI: http://doi.org/10.1111/reel.12415

ORIGINAL ARTICLE

The World Health Organization as actor in international

environmental law? An analysis by example of the global waste

challenge

Rahel Zimmermann

Faculty of Law, University of Lucerne, Lucerne,

Switzerland

Correspondence

Rahel Zimmermann, Faculty of Law, University

of Lucerne, Lucerne, Switzerland.

Email: rahel.zimmermann@etu.unige.ch

Abstract

In recent years, it has proven increasingly difficult to persuade states to adopt new

environmental commitments and to comply with their obligations already agreed

upon under international environmental law. This begs the question how interna-

tional environmental law could gain new momentum. This article suggests that a

stronger emphasis on the health aspects of environmental problems could drive the

international community to better respond to environmental problems. Such a shift

of perspective could best be illustrated at the international level if the World Health

Organization (WHO) takes on environmental issues. Therefore, this article analyses,

by example of the global waste challenge, the WHO's Constitution and the Interna-

tional Health Regulations (2005) to determine its potential and limitations as an actor

in international environmental law. The article argues that the WHO should use the

ongoing COVID-19 pandemic to step up its commitment towards the environment,

strengthen the ‘One Health’approach and thereby help international environmental

law regain momentum.

1|INTRODUCTION

In the last three decades, it has proven increasingly difficult to persuade

states to adopt new environmental commitments. Since the 2002 World

Summit on Sustainable Development, states instead have focused on

better implementing the existing treaties.

1

Nevertheless, nearly 20 years

after this change in focus, the vast majority of treaties are still failing to

actually reduce the environmental harms they were designed to address.

For this reason, a report by the United Nations Secretary-General

in 2018 sought to identify the gaps and deficiencies inherent to inter-

national environmental law.

2

Among others, the report identified the

fragmentation and sectoral nature of international environmental law

responsible as one of its shortcomings. Many scholars have already

written about the fragmentation of international environmental law

and proposed different solutions to address the risks of duplication,

divergence and even conflict between environmental obligations that

arise due to this fragmentation.

3

One prominent suggestion is the

adoption of a ‘Global Pact for the Environment’, an umbrella treaty

that codifies all guiding principles of international environmental law

1

G Nagtzaam, E Van Hook and D Guilfoyle, International Environmental Law: A Case Study

Analysis (Routledge 2020) 575; United Nations Environment Programme (UNEP),

‘Environmental Rule of Law: First Global Report’(UNEP 2019) 27.

2

UNGA ‘Gaps in International Environmental Law and Environment Related Instruments:

Towards a Global Pact for the Environment’UN Doc A/73/419 (30 November 2018).

3

To name just a few: KN Scott, ‘International Environmental Governance: Managing

Fragmentation through Institutional Connection’(2011) 12 Melbourne Journal of

International Law 177 (advocating institutional cooperation and integration); CP Carlarne,

‘Good Climate Governance: Only a Fragmented System of International Law Away?’(2008)

30 Law & Policy 450 (supporting the creation of an International Environmental

Organization); RE Kim and K Bosselmann, ‘International Environmental Law in the

Anthropocene: Towards a Purposive System of Multilateral Environmental Agreements’

(2013) 2 Transnational Environmental Law 285 (making the case for recognizing a

‘Grundnorm’, an overarching goal that binds the actions of international environmental actors

and institutions).

Received: 3 April 2021 Accepted: 22 September 2021

DOI: 10.1111/reel.12415

RECIEL. 2021;30:363–374. wileyonlinelibrary.com/journal/reel © 2021 Wiley Periodicals LLC. 363