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(Budapest, March 7, 2002.) In a report analyzing the
international legal implications of the Baia Mare cyanide spill into the
Tisza River in January, 2000, the Regional Environmental Center for Central
and Eastern Europe recommends that tough action be taken to strengthen
international legal regimes intended to prevent industrial accidents. The
research was supported with a grant from the British Embassy, Budapest.
The report, International Law and the Baia Mare Cyanide Spill, examines the international regimes for accident prevention, liability for environmental harm, and environmentally responsible investment and finds that immediate steps can be taken to improve the safety of industrial operations in Central and Eastern Europe. The report includes a proposed environmental code for foreign investors which would significantly diminish the risk of accidents at foreign-owned or controlled facilities. It also proposes a list of 17 environmental principles for foreign investment in transitional countries. International efforts are currently focussing on the issue of civil liability, but the time is at hand to develop a framework for environmentally responsible corporate investment. "The challenge to industry is to act now to develop an investment code that is voluntary, verifiable, and good for the environment," said Stephen Stec, Senior Legal Specialist for the Regional Environmental Center and one of the authors of the report. "Fortunately, more legal and policy experts are now discussing the need for an investment code and how to put the issue on the international agenda. The proposed environmental principles for foreign investment in this report provide a framework for a workable and effective code." The report finds that the international regulatory systems for accident prevention, use of international watercourses, liability for environmental harm, and investor responsibility work synergistically to reduce the likelihood of major accidents such as the one that occurred in Baia Mare. "There also needs to be some pressure on industry to adopt an investment code, which is where the liability regime comes in. Knowing that one can be liable for accidents will certainly induce companies to take a look at their environmental practices and consider a common and acceptable approach to investment," said Alexios Antypas, assistant professor of environmental policy at Central European University and an author of the report. International Law and the Baia Mare Cyanide Spill also finds that countries in transition from socialism face serious obstacles in implementing international legal instruments that they have become party to, even when intentions are good. Strengthening the regulatory and financial capacities of these countries is a long-term process that requires the cooperation of various actors. "Countries in transition need to develop implementation strategies at the national level for the international agreements that they have signed. Too often the attention of authorities is lost once an agreement has been signed, but without effective implementation, or the capacity to implement, these legal tools are just good intentions, said Stec. Additionally, there should be more partnerships between governments and non-governmental organizations in transition countries. NGOs are often well suited to help define implementation priorities, strategies, and to carry out projects that aid in the implementation process." The authors of the REC report stress the need to maintain the political momentum from the Baia Mare accident to develop a consensus in Europe that transition countries continue to receive support in modernizing their environmental policies and capacities. "There has always been the danger that some investors will take advantage of the comparatively weak economic position of post-socialist countries," said Alexios Antypas. "Our goal is to help prevent this by highlighting the need for action in several arenas, including the development of new international law, domestic policy structures, and voluntary standards of corporate behavior." The entire report may be viewed at http://www.rec.org/REC/Programs/EnvironmentalLaw/BaiaMareReport.PDF (53 page, 283 Kbyte PDF file)) For further information, please contact: Stephen Stec |
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Download the full report (53 page, 283 Kbyte PDF file) |
    
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