世界三分之一国家缺乏法定的室外空气质量标准-102页_9mb

Summary of Regulating Air Quality: The first global assessment of air pollution legislation

Core Content

This document is the first global assessment of air pollution legislation, published by the United Nations Environment Programme (UNEP) in 2021. It evaluates the legal frameworks of 194 States and the European Union (EU) to understand how air quality standards (AAQS) are established, implemented, and enforced. The report emphasizes the importance of integrating science, accountability, transparency, and public participation into air quality governance systems to address the global air pollution crisis.

Main Views and Key Findings

• Lack of Legal Binding Standards: Only 64% of countries have embedded ambient air quality standards (AAQS) in legislation, and many are in the process of revising or planning to introduce these standards. Over 31% of countries have not yet adopted AAQS, and 43% lack a legal definition for air pollution.

• Global Legal Framework: There is no common international legal framework for AAQS. While the World Health Organization (WHO) provides scientific guidance, these guidelines are not binding. A complementary global treaty on AAQS could help align legal systems with public health goals and evolving human rights protections.

• National Legal Systems:

  • Constitutional Commitments: 66% of countries have constitutional provisions that may be interpreted as requiring legally mandated acceptable air quality.
  • Federal vs. Unitary Systems: Federal or devolved systems often allow for coordination of national standards and subnational regulatory differentiation. Even in unitary systems, multilevel governance is common.
  • Legal Instruments: AAQS are mostly embedded in secondary legislation (67%), with a smaller percentage in primary legislation (13%), policy or guidelines (14%), or multiple categories (6%).

• Enforcement Challenges:

  • Only 33% of countries impose legal obligations on the state to meet AAQS.
  • Enforcement is complex and often lacks institutional support, with many countries focusing on individual polluters rather than the state itself.
  • Monitoring is not a legal requirement in 37% of countries, and even where it is, there are concerns about the rigor and capacity to implement it.

• Transboundary Air Pollution:

  • Only 31% of countries have legal mechanisms for managing transboundary air pollution, which is a critical issue given the global nature of air pollution.

• Public Rights and Participation:

  • Public access to air quality information is a legal right in 61% of countries, though 14% do not make their main text containing AAQS publicly available.
  • Procedural rights such as participation in setting AAQS and access to justice are present in many countries, with 33% including legal participation rights in air quality planning and 19% having legal access to justice rights.

• Indoor Air Quality Standards (IAQS):

  • IAQS are rarely included in national air quality legislation (only 7% of countries have some form of general IAQS).
  • This is an important area for legal development, especially considering the health impacts of household air pollution on women and children in low- and middle-income countries.

• Policy Coordination:

  • Legal coordination across government ministries and levels is essential for achieving AAQS.
  • 41% of countries have a legal relationship between industrial activity permitting and AAQS, indicating a growing recognition of the need for integrated policy approaches.

Key Recommendations

• Strengthen Legal Frameworks: Countries should ensure that AAQS are clearly defined, legally binding, and aligned with WHO guidelines.
• Enhance Monitoring and Enforcement: Institutional support and capacity for monitoring and enforcement are critical to the effective implementation of air quality laws.
• Promote Transboundary Cooperation: Legal mechanisms for managing transboundary air pollution should be expanded and standardized.
• Support Public Participation: Legal rights for public access to air quality information and participation in governance should be reinforced.
• Develop Indoor Air Quality Standards: IAQS should be included in national legislation to address the health impacts of indoor pollution, especially in vulnerable populations.

Areas for Further Research

• The relationship between publicized AQI levels and legal compliance with AAQS.
• The role of international treaties in harmonizing national air quality legislation.
• The impact of sociolegal and political contexts on the development and implementation of air quality laws.
• The effectiveness of different enforcement mechanisms in various legal systems.

Conclusion

The report highlights that while progress has been made in many countries, significant challenges remain in the legal regulation of air quality. A robust system of air quality governance requires not only the establishment of standards but also institutional responsibility, transparency, and effective enforcement. It calls for a science-based, integrated, and coherent approach to air quality law, emphasizing the need for stronger legal commitments and international cooperation to address the triple planetary crisis of climate change, biodiversity loss, and pollution.