How to Address Global Environmental Problems

W. Robert Pearson, former U.S. ambassador to Turkey and a senior fellow in the Duke Rethinking Diplomacy Program, in introducing Medina praised her as “someone whose whole life has been a pioneering venture for women’s roles in society, for science’s roles in policy, and for diplomacy’s roles in bringing us a safe and sustainable global society for future generations.”

Medina advocated for regionally and locally adaptable frameworks and agreements that instead of treaties, which apply one-size-fits-all solutions, are also too often slow to be ratified and too rigid in their prescriptions, leading to non-compliance and ultimately, failure.

“We need a new, more flexible paradigm for international cooperation on the quadruple planetary crises. One that can start now.  One that is pragmatic and in which progress is made using tools and institutions that are fit for purpose,” said Medina.

When a nation signs onto international agreements, the competitive energies of its institutions, companies and local communities are oriented toward finding creative solutions, inventing new technologies and arriving at novel ways to evolve and adapt to changing economies and climate, she added.

Medina emphasized the importance of building thoughtful, local solutions and green economies that boost local prosperity and lead to high quality, responsibly manufactured technologies and products – a kind of “innovation Olympics.”

"Treaties have long been considered the ‘gold standard’ in international law because they have the force of law,” she said.  “The countries that ratify and are members of a treaty or convention agree to be legally bound by its terms.  And there are many NGOs across the world – and many countries in the developing world – that insist that only a treaty will do."

However, treaties are particularly weak for addressing urgent crises and regulating rapidly advancing technologies and industries like deep-seabed mining, space industries and A.I., among others, she said.

“Treaties take time. First to negotiation them, and then for them to have impacts. Second, treaties only cover those countries that ratify them," she explained.

Countries often provide their own interpretations of how the treaty operates and many treaties contain allowances that permit a nation to “opt out” of provisions they do not like, watering down or effectively nullifying the effectiveness of the treaty -- a kind of lowest common denominator effect, Medina said.

In addition, she added that settling disputes is a challenge when there is no single power or force strong enough to enforce the terms of the treaty on signatories.

While some criticize agreement efforts like the UN Sustainable Development Goals for not having any enforcement mechanism, Medina reminded the audience that even without an enforcement mechanism, agreements are a more effective alternative to treaties. 

“Agreements can be clear, definitive, and binding.  They are signed. And they have real requirements – impose a global standard,” Medina said. “They go into effect much faster … and there is not requirement for a minimum number of signatories to join for the agreement to take effect. Think about what a seven-year delay would have meant on climate change.  We would have lost five or seven or even 10 years of progress waiting on countries to ratify it.”

 “I know that under an agreement mechanism, countries can withdraw – like the U.S. did with the Paris Accords. Or simply stop participating,” she said. “But they can also start again just as easily. And I believe on these environmentally existential challenges, public pressure and public demand – demand from the developing countries that are so greatly impacted – will keep national governments engaged – but also gives civil society, corporations, and provincial and city governments meaningful roles.”

The lecture series is made possible by the Anthony J. Drexel Biddle Lectureship Endowment and by the Mary Trent Jones-Sarah Trent Harris-Rebecca Trent Kirkland Endowment. A list of previous speakers can be viewed at Biddle Lecture Archives.