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Jason Fedorinchik
20 April 2015
Professor Axelrod
MC 450
Costa Rica has often been known as a country with a deeply embedded consciousness for
the environment and an initiative to continue this. The highly biodiverse state is able to thrive off
of the environment by way of eco tourism and praise for laws protecting the environment. But,
they have not always been at the forefront of these policies. Since Costa Rica does not have the
capacity to carry out certain projects, they have needed to take a lead role in international
negotiations to receive as much help as they can get. If they had not taken this lead role in
international organizations and treaties, Costa Rica may not have the highly preserved
environment that they have today. Furthermore, preliminary research would point to the state
possessing a lead role in the international environmental arena.
In order to better understand Costa Rica’s stance on international environmental
negotiations, it is necessary to look into each issue area individually. Their involvement in
funding projects and signing treaties sheds light on which environmental concerns they strive for
more. By sorting through each case, it is possible to see what the state has done to preserve it’s
environment.
Costa Rica is known to be highly conservative when it comes to the environment,
but not necessarily possessing the capacity to monitor this conservation. Carlos Manuel
Rodriguez, appointed the Minister of Environment and Energy in Costa Rica in 2002, began
to address this problem. By doing so, he branched out to the Environmental Performance Index
(EPI) to help measure the environmental progress of the country with reliable information. When

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he was able to gather this data from the EPI and present it to his cabinet, he received good
feedback and made further political moves in response to the data. They were then able to
recognize the need to tax water discharges and regulate inefficient fossil fuel consumption; a
process that would have not been possible without outsourcing to the EPI (Rodriguez 1).
Costa Rica is bordered by two countries, Nicaragua to the North and Panama to the
South. Still to this day, a dispute prevails between Nicaragua and Costa Rica regarding the San
Juan river that separates the border between the two countries in areas. On December 22nd,
2011, Nicaragua accused Costa Rica that it was violating the country’s sovereignty and
environment in regards to actions surrounding the San Juan River. They argued that unilateral
decisions made by Costa Rica, including construction work for a road on the southern bank of
river, has resulted in waste in the river contaminating it and negatively affecting the aquatic life
(Das 7).
In 2009, the International Court of Justice (ICJ) settled the dispute regarding navigation
rights on the lower area of the river. It stated that Nicaragua was breaching it’s international
obligations by not allowing Costa Rica to freely navigate the river. The ICJ came to the
conclusion that Costa Rica has the right to use the area of the river for purposes of commerce,
essential everyday needs, and transportation. The dispute also decided against Costa Rica that
they do not have the right to use the river as a means of completing police functions (Lathrop
454). As a member of the ICJ, Costa Rica was subject to comply under the decision of the body.
However, as arguments still prevail today, both countries do not heavily comply with the orders
they are given.
Recently, problems have occurred regarding fisheries and illegal shark fin trading. Shark
finning has not been controlled easily due to corrupt politicians within the Costa Rican

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government. Relations with Taiwan has allowed for a market; the fins are sent to the country for
expensive fin soup. Interpol has recognized this as a serious issue, and because of that has placed
it on purple alert for countries to be aware of the problem. Recent laws implemented in the
country have allowed for loop holes, justifying it under certain circumstances as not a crime.
Currently Costa Rica is handling this as a strictly internal issue and has not branched out
internationally for support to end the problem (Fendt 1). Further research should prove that this
is not in compliance with international agreements and that Costa Rica is in the wrong. Illegal
shark fin trading is still an ongoing debate.
Undoubtedly, one of the most valued parts of Costa Rica’s environment is it’s flourishing
biodiversity. In 2010, the country was named as the winner of the 2010 Future Policy award at a
summit regarding biodiversity. An article in The Guardian sheds light on the steps that Costa
Rica has taken to receive this award. With international help, they have been able to internalize
many environment issues by channeling “funds from a fuel tax, car stamp duty, and energy fees
to pay for nature reserve management and environmental service like clean air, fresh water and
biodiversity protection” (Watts 1).
Since the UN Convention on Biodiversity mainly was set in place to set out goals and
aspirations, Costa Rica has furthered these by implementing the Biodiversity Law of 1998. Some
themes outlined in this law include respect for human rights, sustainable use of biodiversity,
biosecurity, and democracy in decision making. The law established administrative bodies within
different ministries of the Costa Rican government (World Future Council 5).
To achieve this Biodiversity Law, Costa Rica received help from the World Future
Council (WFC) to find the proper laws necessary to produce sustainable outcomes. Without the
help of the WFC, this law may have not been implemented properly and sufficiently. This

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further represents Costa Rica as a lead state in the biodiversity global sphere. Not only did they
support the UN Convention on Biodiversity, but they went above and beyond to strive towards
the goals outlined by the convention. Many countries may not implement hard law to follow the
goals of this UN Convention, but instead will place them in their broad interests in their state
actions and agreements. Instead, Costa Rica did implement hard law with the help of the World
Future Council to make sure that it would be done properly.
Costa Rica does not only thrive off of being a highly biodiverse state, but also from
forests. The United Nations for Food and Agriculture has reported that forests amount for 51% of
Costa Rica, “and 23.9% of this is classified as primary forest, the most biodiverse and carbon-
dense form of forest” (Costa Rica Forest Information and Data 1). To combat deforestation and
conservation, Costa Rica receives aid from the UN Programme Reducing Emissions from
Deforestation and Forest Degradation in Developing Countries (REDD).
The Costa Rican government has itself enacted law in matters regarding forests. The
Forestry Act of 1996 outlines incentives against deforestation and reforestation, as well as rules
for trade and cutting. It also established the Forestry Fund (a Payment for Ecosystem Services
Programme) which finances certain development programs, such as REDD (Burnet 1-12).
Costa Rica has relied on this Payment for Ecosystem Service Programme (PPSA) as
previously mentioned to further environmental projects in which it “pays private owners of forest
to conserve forest or allow it to regenerate in return for the ecosystem service they produce”. It
has also received grants from the Forest Carbon Partnership Facility (FCPF) to finance forest
projects. REDD has heavily financed carbon emissions in Costa Rica to hopefully become
carbon neutral by 2021. The primary way it is done so is by financing plans to monitor forests.
Another way Costa Rica has worked to decrease carbon emissions is through carbon trading. The

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state has agreed to sell up to $63 million to the World Bank (REDD 1).
One underlying problem for Costa Rica has been related to water quality and the laws
surrounding it. Laws have not been updated for decades and prove to be outdated and incapable
of providing necessary rules for a growing country. There is a need for clear national policies on
the matter to direct public actions. Following the pattern of other Central American Countries,
Costa Rica signed a new water law on March 31st 2014, with the help of the Global Water
Partnership, an organization founded by the World Bank and the United Nations Development
Development Programme (UNDP) in 1996.
The Global Water Partnership has worked to strengthen governance to make all
information regarding water access and usage more available to the public. They have been
challenged with addressing the “problems faced in levying, collecting, and distributing funds
from the water sector for use in protection of the environmental services (GWP, Case Study #1).
The Case Study found the need to make sure local groups were involved in the conservation of
water. A problem still persists that the funds go straight to the Costa Rican government instead
of specific environmental projects.
Overall, the Costa Rican government has not taken a proactive approach in water
management. Global support is readily available, but has only provided funds in local projects
around the country instead of tackling the problem at its source. For the future, Costa Rica needs
to implement water management policy at a state level. Laws must be created to make it more
clear to the public how water can be conserved and used effectively, and can be done so by
enacting hard law for all citizens with access to water. Since they do not have the governing
capacity and knowledge for what must be done, the state must take a lead approach in finding an
organization that provides research and policy recommendations.

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With a high biodiversity, a need is present to protect it. The first step was made by
ratifying the Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITIES) in 1975. This treaty was enacted to protect endangered species, sustaining the wildlife
already present, and to monitor the trade of species. By joining this treaty, Costa Rica further
created the Law on Conservation of Wildlife enforced by the National System of Conservation
Areas of the state. The law includes rules regarding wildlife in captivity, permits, and trading.
Trading and trafficking of wildlife without authorization can result in a fine or imprisonment; in
respect to endangered species, fines and prison terms are increased (Gutierrez 1).
Costa Rica continues to ensure support for wildlife preservation at a global level. On
February 25th 2015, Costa Rica’s Department of Animal Health and the Ministry of
Environment and Energy signed an agreement to “address companion animal, farm animal and
wildlife protection programs”. The agreement showed an initiative to continue updating
regulations and support in illegal wildlife trafficking. The agreement between Costa Rica’s
organization and Humane Society International/Latin America will focus on improving the
public knowledge of these animals, provide training to government agencies, address animal
welfare issues, and implement further legislation (Arce-Contreras 1).
Looking forward to further international negotiations, specifically that of international
forestry, I expect to see Costa Rica continue to take a lead role. Now that they have created a
sustainable policy in conserving their forests, they will attempt to continue doing so in alliance
with the REDD program. There still is an ever prevailing market for research which can be more
successfully attainable in conjunction with REDD. Costa Rica will be able to fulfill it’s
compliance and promises due to the strength of the Payment of Ecosystem Service Programme
previously mentioned.

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While the hypotheses proved to be correct in many issue areas showing Costa Rica as a
lead state in international environmental negotiations, there were indeed some instances where
they tended to be less active and therefore instead showed signs of a supporting and or not active
state. Surely, the evidence supports that the flourishing of biodiversity and forests forces Costa
Rica to be heavily involved in international negotiations to fulfill preservation, but the country
has not taken this approach when it comes to fisheries and water regulation. Although they are a
member of UN organizations regarding these issues, they have not sought substantial support to
further these problems within their country, and as a result are not making much progress on a
state level. In the future, I expect for Costa Rica to use it’s funds gained from eco tourism and
renown preservation to start focusing on these issue areas.

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Bibliography
COSTA RICA How it Applies Compliance/Participation
Rivers/Transboundary
externalities
-ongoing dispute with Nicaragua
regarding the San Juan River,
especially navigation and
pollution of it. issues have arisen
regarding stripping sharks for
their fins and trading them.
-supporting role,
addressing complaints from the
ICJ regarding dispute with
Nicaragua. member of the UN
Convention on the Law of the
Sea. Does not heavily comply
with decisions made by the ICJ
in accordance with the San Juan
regarding fishing and navigation
and currently has no ongoing
disputes regarding these matters.
Not complying with agreements
on illegal trading
biodiversity -highly biodiverse country.
Member of the UN Convention
on Biodiversity, because of this
created Biodiversity Law of
1998.
-lead role, receives some aid and
projects by signing off on UN
convention on biological
diversity. has internalized many
biodiversity issues. The aid
received has allowed for
technology transfer to monitor
their biodiversity, monitoring
that they did not previously have
the capacity to do. Participates
internationally in transferring
knowledge in the importance of
preserving biodiversity.
Forests -high number of forest cover,
leader in conservation and
importing wood. Preference for
mainly local efforts, funded
internationally. State system of
environmental service payment
funds efforts to raise awareness
for forest conservation
-lead role, especially in working
towards sustaining forest cover.
Member of UNFCCC and
REDD; groups implementing
projects to raise protection of
forests and awareness of it’s
value.
Endangered species -Wide array of species. Thrives
in protecting all species and trade
of species. Support for wildlife
preservation
-lead role, member of CITIES.
Created Law on Conservation of
Wildlife and is enforced. Created
hard law for violations of illegal
trading of wildlife. Continues to
spread awareness of the
importance of wildlife
waste/water Water can affect water quality.
outdated laws.Signed law with
GWP, not yet implemented
-supporting/non active role.
member of the UNFCCC, signed
the Kyoto Protocol. UNDP has
passed a new water law, but has
not been implemented yet.

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Arce-Contreras, Raul. "Agreements to Protect Wildlife, Companion Animals and Farm Animal
Welfare Signed in Costa Rica." Hsi.org. N.p., 25 Feb. 2015. Web. 16 Apr. 2015.
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legalized-shark- finning-in-costa-rica-conservation-groups-say>.

10. [1998 Words] Page 10
Gutierrez, Norma. "Regulations Concerning the Private Possession of Big Cats: Costa Rica."
Regulations Concerning the Private Possession of Big Cats: Costa Rica. Loc.gov, June
2013. Web. 16 Apr. 2015. <http://www.loc.gov/law/help/bigcats/costarica.php>.
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evolutionary treaty interpretation - right of free navigation - subsistence fishing - essential
needs of riparian inhabitants." American Journal of International Law July 2010: 454+.
General OneFile. Web. 2 Apr. 2015.
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<http://theredddesk.org/ countries/costa-rica>.
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