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Treaty, Convention, Protocol
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Current Status
mm/dd/yy
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Threats to which it applies
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| Protocol
Additional to the Geneva Conventions or 12 August 1949, and Relating to
the Protection of Victims of International Armed Conflicts (Protocol 1)
(1977) |
In Force: 07.12.1978 |
Threats:7,
8 |
-
Preamble: Recalling that every State has the duty, in conformity
with the Charter of the United Nations, to refrain in its international
relations from the threat or use of force against the sovereignty, territorial
integrity or political independence of any State, or in any other manner
inconsistent with the purpose of the United Nations, Believing in necessary
nevertheless to reaffirm and develop the provisions protecting the victims
of armed conflicts and to supplement measures intended to reinforce their
application, Reaffirming further that the previsions of the Geneva conventions
of 12 August and of this Protocol must be fully applied in all circumstances
to all persons who are protected by those instruments, without any adverse
distinction based on the nature or origin of the armed conflict or on the
causes espoused by or attributed to the Parties to the conflict,
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PARTI. GENERAL PROVISIONS; Article 1- General Principles
and scope of application, 1. The High Contracting Parties undertake to
respect and to ensure respect for this Protocol in all circumstances, 2.
In cases not covered by this Protocol or by other international agreements,
civilians and combatant remain under the protection and authority of the
principles of international law derived from established custom, from the
principles of humanity and from dictates of public conscience, 3. This
Protocol, which supplements the Geneva Conventions of 12 August 1949 under
the protection of war victims, shall apply in the situations referred to
in Article 2 common to those Conventions… Article 2- Definitions; …(b)
"Rules of international law applicable in armed conflict" means the rules
applicable in armed conflict set forth in international agreements to which
the Parties to the conflict are Parties and the generally recognized principles
and rules of international law which are applicable to armed conflict;
(c) "Protecting Power" means a neutral or other State not a Party to the
conflict which has been designed by a Party to the conflict and accepted
by the adverse Party and has agreed to carry out the functions assigned
to a Protecting Power under the Conventions and this Protocol…
Chapter II: CIVILIAN OBJECTS
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Article 52- General Protection of civilian objects: 1. Civilian
objects shall not be the object of attack of reprisals. Civilian objects
are all objects which are not military objectives are defined in paragraph
2
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Article 54- Protection of objects indispensable to the survival
of the civilian population; 1. Starvation of civilians as a method of warfare
if prohibited, 2. It is prohibited to attack, destroy, remove or render
useless objects indispensable to the survival of the civilian population,
such as food-stuffs, agricultural areas for the production of food-stuffs,
crops, livestock, drinking water installations and supplies and irrigation
works, for the specific purpose or to the adverse Party, whatever the motive,
whether in order to starve out civilians, to cause them to move away, or
for any other motive.
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Article 55 –Protection of the natural environment : 1. "Care
shall be taken in warfare to protect the natural environment against widespread,
long-term and severe damage. This protection includes a prohibition of
the use of methods of means of warfare which are intended or may be expected
to cause such damage to the natural environment and thereby to prejudice
the health or survival of the population. " 2. "Attacks against the natural
environment by way of reprisals are prohibited."
|
| Convention
on the Prohibition of Military or Any Other Hostile Use of Environmental
Modification Techniques (1976) |
In Force:
10.05.1978 |
Threats:8,
20 |
-
Article 1: "Each State Party to this Convention undertakes
not to engage in military or any other hostile use of environmental modification
techniques having widespread, long-lasting or severe effects as the means
of destruction, damage or injury to any other State Party;
-
Article II: As used in article 1, the term "environmental
modification techniques" refers to any technique for changing-through the
deliberate manipulation of natural processes-the dynamics, composition
or structure of the Earth including its biota, lithosphere, hydrosphere
and atmosphere, or of outer space.
-
Article III, 2: The States Parties to this Convention…undertakes
to facilitate the exchange of scientific and technological information…State
Parties in a position to do so shall contribute, alone or together with
other States or international organizations, to international economic
and scientific co-operation in preservation, improvement and peaceful utilization
of the environment, with due consideration for the needs of the developing
areas of the world.
-
Article IV: …undertakes to take any measures it considers
necessary in accordance with its constitutional process to prohibit and
prevent any activity in violation of the provisions of the Convention anywhere
under its jurisdiction or control
-
Article V, 3: "Any State Party to this Convention which has
reason to believe that another State Party is acting in breach of obligations
derived from the provisions of the Convention may lodge a complaint with
the Security Council of the United Nations. Such a complaint should include
all relevant information as well as all possible evidence supporting its
validity.
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Article V, 4-5: Each State Party…undertakes to cooperate
in carrying out any investigation which the Security Council may initiate,
in accordance with the provisions of the Charter of the U.N., on the basis
of the complaint received by the Council.
|
| Convention
on the Prohibition of the Development, Production and Stockpiling of Bacteriological
(biological) and Toxin Weapons, and on their Destruction (1972) |
In
Force: 03.26.1975 |
Threats:7,
9,
20 |
-
Recalling that the General Assembly of the United Nations
has repeatedly condemned all actions contrary to the principles and objectives
of the Geneva Protocol of 17 June 1925,
-
Article I: Each State Party to this Convention undertakes
never in any circumstances to develop, produce, stockpile or otherwise
acquire or retain: 1) microbial or other biological agents, or toxins whatever
their origin or method of production, of types and in quantities that have
no justification for prophylactic, protective or other peaceful purpose;
2) Weapons, equipment or means of delivery designed to use such agents
or toxins for hostile purpose or in armed conflict.
-
Article II: Each State Party to this Convention undertakes
to destroy or to divert to peaceful purposes, as soon as possible but not
later than nine months after the entry into force of the Convention all
agents, toxins, weapons, equipment and means of delivery specified in Article
I of the Convention.
-
Article III: Each State Party to this Convention undertakes
not to transfer to any recipient whatsoever…and not in any way to assist,
encourage, or induce any State, group of States or international organizations
to manufactures or otherwise acquire any of the agents, toxins, weapons,
equipment or means of delivery specified in Article I of the Convention.
-
Article IV: Each State Party to this Convention shall…take
any necessary measures to prohibit and prevent development production,
stockpiling, acquisition or retention of the agents, toxins, weapons, equipment
and means of delivery specified in Article I of the Convention, within
the territory of such State, under is jurisdiction or under its control
anywhere.
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Article V: The States Parties to the Convention undertake
to consult one another and to co-operate in solving the problems which
may arise in relation to the objective of, or in the application of the
provisions of, the Convention…
-
Article VI: 1) Any State Party…which finds that any other
State Party is acting in breach of obligations deriving from the provisions
of the Convention may lodge a complaint with the Security Council of the
United Nations…. 2) Each State Party…undertakes to co-operate in carrying
out any investigation which the Security Council may initiate.
-
Article VII: Each State Party…undertakes to provide or support
assistance, in accordance with the United Nations Charter, to any Party
to the Convention which so requests, if the Security Council decides that
such Party has been exposed to danger as a result of violation of this
Convention.
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Article VIII: Nothing in this Convention shall be interpreted
as in any way limiting or detracting from the obligations assumed by any
State under the Protocol for the Prohibition of the Use in War of Asphyxiating,
Poisonous or Other Gases, and of Bacteriological Methods of Warfare signed
at Geneva on 17 June 1925.
-
Article IX: Each State Party…affirms the recognized objective
of effective prohibition of chemical weapons and, to this end, undertakes
to continue negotiations in good faith with a view to reaching early agreement
on effective measures for the prohibition of their development, production
and stockpiling and for their destruction, and on appropriate measures
concerning equipment and means of delivery specifically designed for the
production or use of chemical agents for weapons purposes.
-
Article XIII: 1) This Convention shall be of unlimited duration.
2) Each State Party…shall in exercising its national sovereignty have the
right to withdraw from the Convention if it decides that extraordinary
events…have jeopardized the supreme interests of its country.
|
| Convention
on the Prohibition of the Development, Production, Stockpiling and use
of Chemical Weapons and on their Destruction (1993) |
In Force: 04.27.1997 |
Threats: 7,
9,
20 |
-
Recognizing that this Convention reaffirms principles and
objectives of and obligations assumed under the Geneva Protocol of 1925,
and the Convention on the Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their
Destruction signed at London, Moscow and Washington on 10 April 1972,
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Article 1: 1) Each State Party to this Convention undertakes
never under any circumstances: a) To develop, produce, otherwise acquire,
stockpile or retain chemical weapons, or transfer, directly or indirectly,
chemical weapons to anyone; b) To use chemical weapons; c) To engage in
any military preparations to use chemical weapons; d) To assist, encourage
or induce, in any way, anyone to engage in any activity prohibited to a
State Party under this Convention. 2) Each State Party undertakes to destroy
chemical weapons it owns or possesses, or that are located in any place
under its jurisdiction or control, in accordance with the provisions of
this Convention. 3) Each State Party undertakes to destroy all chemical
weapons it abandoned on the territory of another State Party, in accordance
with the provisions of this Convention. 4) Each State Party undertakes
to destroy any chemical weapons production facilities it owns or possesses,
or that are located in any place under its jurisdiction or control, in
accordance with the provisions of this Convention. 5) Each State Party
undertakes not to use riot control agents as a method of warfare.
-
Article III: a) With respect to chemical weapons: i) Declare
whether it owns or possesses any chemical weapons, or whether there are
any chemical weapons located in any place under its jurisdiction or control;
ii) Specify the precise location, aggregate quantity and detailed inventory
of chemical weapons it owns or possesses, or that are located in any place
under its jurisdiction or control, in accordance with Part IV (A), paragraphs
1 to 3, of the Verification Annex, except for those chemical weapons referred
to in sub-subparagraph (iii); iii) Report any chemical weapons on its territory
that are owned and possessed by another State and located in any place
under the jurisdiction or control of another State, in accordance with
Part IV (A), paragraph 4, of the Verification Annex; iv) Declare whether
it has transferred or received, directly or indirectly, any chemical weapons
since 1 January 1946 and specify the transfer or receipt of such weapons,
in accordance with Part IV (A), paragraph 5, of the Verification Annex;
v) Provide its general plan for destruction of chemical weapons that it
owns or possesses, or that are located in any place under its jurisdiction
or control, in accordance with Part IV A), paragraph 6, of the Verification
Annex; b) With respect to old chemical weapons and abandoned chemical weapons:
i) Declare whether it has on its territory old chemical weapons and provide
all available information in accordance with Part IV (B), paragraph 3,
of the Verification Annex; ii) Declare whether there are abandoned chemical
weapons on its territory and provide all available information in accordance
with Part IV B), paragraph 8, of the Verification Annex; iii) Declare whether
it has abandoned chemical weapons on the territory of other States and
provide all available information in accordance with Part IV (B), paragraph
10, of the Verification Annex; c) With respect to chemical weapons production
facilities: i) Declare whether it has or has had any chemical weapons production
facility under its ownership or possession, or that is or has been located
in any place under its jurisdiction or control at any time since 1 January
1946; ii) Specify any chemical weapons production facility it has or has
had under its ownership or possession or that is or has been located in
any place under its jurisdiction or control at any time since 1 January
1946, in accordance with Part V, paragraph 1, of the Verification Annex,
except for those facilities referred to in sub-paragraph (iii); iii) Report
any chemical weapons production facility on its territory that another
State has or has had under its ownership and possession and that is or
has been located in any place under the jurisdiction or control of another
State at any time since 1 January 1946, in accordance with Part V, paragraph
2. of the Verification Annex; iv) Declare whether it has transferred or
received, directly or indirectly, any equipment for the production of chemical
weapons since 1 January 1946 and specify the transfer or receipt of such
equipment, in accordance with Part V. paragraphs 3 to 5, of the Verification
Annex; v) Provide its general plan for destruction of any chemical weapons
production facility it owns or possesses, or that is located in any place
under its jurisdiction or control, in accordance with Part V, paragraph
6. of the Verification Annex; vi) Specify actions to be taken for closure
of any chemical weapons production facility it owns or possesses, or that
is located in any place under its jurisdiction or control, in accordance
with Part V, paragraph 1 (i), of the Verification Annex; vii) Provide its
general plan for any temporary conversion of any chemical weapons production
facility it owns or possesses, or that is located in any place under its
jurisdiction or control, into a chemical weapons destruction facility,
in accordance with Part V, paragraph 7. of the Verification Annex; d) With
respect to other facilities: Specify the precise location, name and general
scope of activities of any facility or establishment under its ownership
or possession, or located in any place under its jurisdiction or control,
and that has been designed, constructed or used since 1 January 1946 primarily
for development of chemical weapons. Such declaration shall include, inter
alia, laboratories and test and evaluation sites; e) With respect to riot
control agents: Specify the chemical name, structural formula and Chemical
Abstracts Service (CAS) registry number, if assigned, of each chemical
it holds for riot control purposes. This declaration shall be updated not
later than 30 days after any change becomes effective. 2) The provisions
of this Article and the relevant provisions of Part IV of the Verification
Annex shall not, at the discretion of a State Party, apply to chemical
weapons buried on its territory before 1 January 1977 and which remain
buried, or which had been dumped at sea before 1 January 1985.
-
Article IV: 3) All locations at which chemical weapons specified
in paragraph 1 are stored or destroyed shall be subject to systematic verification
through on-site inspection and monitoring with on-site instruments, in
accordance with Part IV (A) of the Verification Annex. 4) Each State Party
shall, immediately after the declaration under Article III paragraph 1
(a), has been submitted, provide access to chemical weapons specified in
paragraph 1 for the purpose of systematic verification of the declaration
through on-site inspection. Thereafter, each State Party shall not remove
any of these chemical weapons, except to a chemical weapons destruction
facility. It shall provide access to such chemical weapons, for the purpose
of systematic on-site verification. 5) Each State Party shall provide access
to any chemical weapons destruction facilities and their storage areas,
that it owns or possesses, or that are located in any place under its jurisdiction
or control, for the purpose of systematic verification through on-site
inspection and monitoring with on-site instruments. 6) Each State Party
shall destroy all chemical weapons specified in paragraph 1 pursuant to
the Verification Annex and in accordance with the agreed rate and sequence
of destruction (hereinafter referred to as "order of destruction"). Such
destruction shall begin not later than two years after this Convention
enters into force for it and shall finish not later than 10 years after
entry into force of this Convention. A State Party is not precluded from
destroying such chemical weapons at a faster rate. 7) Each State Party
shall: a) Submit detailed plans for the destruction of chemical weapons
specified in paragraph 1 not later than 60 days before each annual destruction
period begins, in accordance with Part IV (A), paragraph 29, of the Verification
Annex; the detailed plans shall encompass all stocks to be destroyed during
the next annual destruction period, b) Submit declarations annually regarding
the implementation of its plans for destruction of chemical weapons specified
in paragraph 1, not later than 60 days after the end of each annual destruction
period, and c) Certify, not later than 30 days after the destruction process
has been completed, that all chemical weapons specified in paragraph 1
have been destroyed. 9) Any chemical weapons discovered by a State Party
after the initial declaration of chemical weapons shall be reported, secured
and destroyed in accordance with Part IV (A) of the Verification Annex.
10) Each State Party, during transportation, sampling, storage and destruction
of chemical weapons, shall assign the highest priority to ensuring the
safety of people and to protecting the environment. Each State Party shall
transport, sample, store and destroy chemical weapons in accordance with
its national standards for safety and emissions. 11) Any State Party which
has on its territory chemical weapons that are owned or possessed by another
State, or that are located in any place under the jurisdiction or control
of another State, shall make the fullest efforts to ensure that these chemical
weapons are removed from its territory not later than one year after this
Convention enters into force for it. If they are not removed within one
year, the State Party may request the Organization and other States Parties
to provide assistance in the destruction of these chemical weapons
-
Article V: 1) The provisions of this Article and the detailed
procedures for its implementation shall apply to any and all chemical weapons
production facilities owned or possessed by a State Party, or that are
located in any place under its jurisdiction or control. 2) Detailed procedures
for the implementation of this Article are set forth in the Verification
Annex. 3) All chemical weapons production facilities specified in paragraph
1 shall be subject to systematic verification through on-site inspection
and monitoring with on-site instruments in accordance with Part V of the
Verification Annex. 4) Each State Party shall cease immediately all activity
at chemical. 5) No State Party shall construct any new chemical weapons
production facilities or modify any existing facilities for the purpose
of chemical weapons production or for any other activity prohibited under
this Convention.
-
Article VI: 1. Each State Party has the right, subject to
the provisions of this Convention, to develop, produce, otherwise acquire,
retain, transfer and use toxic chemicals and their precursors for purposes
not prohibited under this Convention. 8) Each State Party shall make annual
declarations regarding the relevant chemicals and facilities in accordance
with the Verification Annex. 9) For the purpose of on-site verification,
each State Party shall grant to the inspectors access to facilities as
required in the Verification Annex.
-
Article VIII: 1) The States Parties to this Convention hereby
establish the Organization for the Prohibition of Chemical Weapons to achieve
the object and purpose of this Convention, to ensure the implementation
of its provisions, including those for international verification of compliance
with it and to provide a forum for consultation and co-operation among
States Parties. …19) The Conference shall be the principal organ of the
Organization. It shall consider any questions, matters or issues within
the scope of this Convention, including those relating to the powers and
functions of the Executive Council and the Technical Secretariat. It may
make recommendations and take decisions on any questions, matters or issues
related to this Convention raised by a State Party or brought to its attention
by the Executive Council.
-
Article IX: …2) A State Party which receives a request from
another State Party for clarification of any matter which the requesting
State Party believes causes such a doubt or concern shall provide the requesting
State Party as soon as possible, but in any case not later than 10 days
after the request, with information sufficient to answer the doubt or concern
raised along with an explanation of how the information provided resolves
the matter. Nothing in this Convention shall affect the right of any two
or more States Parties to arrange by mutual consent for inspections or
any other procedures among themselves to clarify and resolve any matter
which may cause doubt about compliance or gives rise to a concern about
a related matter which may be considered ambiguous. Such arrangements shall
not affect the fights and obligations of any State Party under other provisions
of this Convention. 3) A State Party shall have the right to request the
Executive Council to assist in clarifying any situation which may be considered
ambiguous or which gives rise to a concern about the possible non-compliance
of another State Party with this Convention. The Executive Council shall
provide appropriate information in its possession relevant to such a concern.
4) A State Party shall have the right to request the Executive Council
to obtain clarification from another State Party on any situation which
may bc considered ambiguous or which gives rise to a concern about its
possible non-compliance with this Convention …5) A State Party shall also
have the right to request the Executive Council to clarify any situation
which has been considered ambiguous or has given rise to a concern about
its possible non-compliance with this Convention. The Executive Council
shall respond by providing such assistance as appropriate. 6) The Executive
Council shall inform the States Parties about any request for clarification
provided in this Article. 7) If the doubt or concern of a State Party about
a possible non-compliance has not been resolved within 60 days after the
submission of the request for clarification to the Executive Council, or
it believes its doubts warrant urgent consideration, notwithstanding its
right to request a challenge inspection, it may request a special session
of the Conference in accordance with Article VIII paragraph 12 c). At such
a special session, the Conference shall consider the matter and may recommend
any measure it deems appropriate to resolve the situation. Procedures for
challenge inspections 8) Each State Party has the right to request an on-site
challenge inspection of any facility or location in the territory or in
any other place under the jurisdiction or control of any other State Party
for the sole purpose of clarifying and resolving any questions concerning
possible non-compliance with the provisions of this Convention, and to
have this inspection conducted anywhere without delay by an inspection
team designated by the Director-General and in accordance with the Verification
Annex. 9) Each State Party is under the obligation to keep the inspection
request within the scope of this Convention and to provide in the inspection
request all appropriate information on the basis of which a concern has
arisen regarding possible non-compliance with this Convention as specified
in the Verification Annex. Each State Party shall refrain from unfounded
inspection requests, care being taken to avoid abuse. The challenge inspection
shall be carried out for the sole purpose of determining facts relating
to the possible non-compliance. 10) For the purpose of verifying compliance
with the provisions of this Convention, each State Party shall permit the
Technical Secretariat to conduct the on-site challenge inspection pursuant
to paragraph 8. 11) Pursuant to a request for a challenge inspection of
a facility or location, and in accordance with the procedures provided
for in the verification Annex, the inspected State Party shall have: a)
The right and the obligation to make every reasonable effort to demonstrate
its compliance with this Convention and, to this end, to enable the inspection
team to fulfil its mandate; b) The obligation to provide access within
the requested site for the sole purpose of establishing facts relevant
to the concern regarding possible non-compliance; and c) The right to take
measures to protect sensitive installations, and to prevent disclosure
of confidential information and data, not related to this Convention. 12)
With regard to an observer, the following shall apply: a) The requesting
State Party may, subject to the agreement of the inspected State Party,
send, a representative who may be a national either of the requesting State
Party or of a third State Party, to observe the conduct of the challenge
inspection. b) The inspected State Party shall then grant access to the
observer in accordance with the Verification Annex. c) The inspected State
Party shall, as a rule, accept the proposed observer, but if the inspected
State Party exercises a refusal, that fact shall be recorded in the final
report, 13) The requesting State Party shall present an inspection request
for an on-site challenge inspection to the Executive Council and at the
same time to the Director-General for immediate processing.
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Article X: 2) Nothing in this Convention shall be interpreted
as impeding the right of any State Party to conduct research into, develop,
produce, acquire, transfer or use means of protection against chemical
weapons, for purposes not prohibited under this Convention, 8) Each State
Party has the right to request and, subject to the Procedures act forth
in paragraphs 9, 10 and 11, to receive assistance and protection against
the use or threat of use of chemical weapons if it considers that: a) Chemical
weapons have been used against it; b) Riot control agents have been used
against it as a method of warfare; or c) It is threatened by actions or
activities of any State that are prohibited for States Parties by Article
1.
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Article XII: 1…In considering action pursuant to this paragraph,
the Conference shall take into account all information and recommendations
on the issues submitted by the Executive Council. 2) …where the State Party
fails to fulfil the request within the specified time, the Conference may,
inter alia, upon the recommendation of the Executive Council, restrict
or suspend the State Party's rights and privileges under this Convention
until it undertakes the necessary action to conform with its obligations
under this Convention. 3) In cases where serious damage to the object and
purpose of this Convention may result from activities prohibited under
this Convention, in particular by Article 1, the Conference may recommend
collective measures to States Parties in conformity with international
law. 4) The Conference shall, in cases of particular gravity, bring the
issue, including relevant information and conclusions, to the attention
of the United Nations General Assembly and the United Nations Security
Council.
-
Article XIII: Nothing in this Convention shall be interpreted
as in any way limiting or detracting from the obligations assumed by any
State under the Protocol for the Prohibition of the Use in War of Asphyxiating,
Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed
at Geneva on 17 June 1925, and under the Convention on the Prohibition
of the Development, Production and Stockpiling of Bacteriological (Biological)
and Toxin Weapons and on Their Destruction, signed at London, Moscow and
Washington on 10 April 1972.
-
Article XIV: 2) When a dispute arises between two or more
States Parties, or between one or more States Parties and the Organization,
relating to the interpretation or application of this Convention, the parties
concerned shall consult together with a view to the expeditious settlement
of the dispute by negotiation or by other peaceful means of the parties'
choice, including recourse to appropriate organs of this Convention and,
by mutual consent, referral to the International Court of Justice in conformity
with the Statute of the Court. The States Parties involved shall keep the
Executive Council informed of actions being taken. 3) The Executive Council
may contribute to the settlement of a dispute by whatever means it deems
appropriate, including offering its good offices, calling upon the States
Parties to a dispute to start the settlement process of their choice and
recommending a time-limit for any agreed procedure. 5) The Conference and
the Executive Council are separately empowered, subject to authorization
from the General Assembly of the United Nations, to request the International
Court of Justice to give an advisory opinion on any legal question arising
within the scope of the activities of the Organization. An agreement between
the Organization and the United Nations shall be concluded for this purpose
in accordance with Article VIII, paragraph 34 (a).
|
| Convention
on Assistance in the Case of a Nuclear Accident or Radiological Emergency
(1986) |
In
Force: 02.26.1987 |
Threats:3,
6,
4,
5 |
-
Article 1, 1: "The States Parties shall cooperate between
themselves and with the IAEA…to facilitate prompt assistance in the event
of a nuclear accident or radiological emergency to minimize its consequences
and to protect life, property and the environment from the effects of radioactive
releases."
-
Article 2, 1: " If a State Party needs assistance…whether
or not such accident or emergency originates within its territory, jurisdiction
or control, it may call for such assistance from any other State Party,
directly or through the IAEA, and from the IAEA or…international intergovernmental
organizations."
-
Article 2, 2: "In the event that it is not practicable for
the requesting State Party to specify the scope and the type of assistance
required, the requesting [and assisting] State Parties shall, in consultation,
decide [these things]."
-
Article 2, 5: "Any State Party may request assistance relating
to medical treatment or temporary relocation into the territory of another
State Party of people involved in a nuclear accident or radiological emergency."
-
Article 2, 6: The IAEA "shall respond…by (a) making available
appropriate resources allocated for this purpose; (b) transmitting promptly
the request to other States and international organizations…; ( c) if so
requested…coordinating the assistance at the international level.
-
Article 3: "Unless otherwise agreed: (a) the overall direction,
control, co-ordination and supervision of the assistance shall be the responsibility
within its territory of the requesting State. The assisting party should,
where the assistance involves personnel, designate in consultation with
the requesting State, the person who should be in charge of and retain
immediate operational supervision over the personnel and the equipment
provided by it. The designated person should exercise such supervision
in cooperation with the appropriate authorities of the requesting State;
(b) the requesting State shall provide…local facilities and services for
the proper and effective administration of the assistance. It shall also
ensure the protection of personnel, equipment and materials brought into
its territory by or on behalf of the assisting party for such purpose.
-
Article 5: Functions of the IAEA: " to: (a) collect and disseminate
to States Parties and Member States information concerning: (I) experts,
equipment and materials…available…(ii) methodologies, techniques and available
results of research relating to response…(b) assist a State Party…when
requested in any of the following or other appropriate matters: (I) preparing
emergency plans and…appropriate legislation; (ii) develop training programs
for personnel; (iii) transmit requests for assistance and relevant information;
(iv) develop radiation monitoring programs, procedures and standards; (v)
conduct investigations into the feasibility of establishing radiation monitoring
systems;
-
Article 5, (e): "Establish and maintain liaison with relevant
international organizations…to obtain and exchange information and data,
and make a list of such organizations available to States Parties…"
|
| Convention
on Early Notification of a Nuclear Accident (1986) |
In
Force: 10.27.1986 |
Threats:3,
4,
6,
19,
20 |
-
Article 1: Scope of Application 1: …[applies] in the event
of any accident involving facilities or activities of a State Party or
of persons or legal entities under its jurisdiction or control; 2. (a)
any nuclear reactor wherever located; (b) any nuclear fuel cycle facility;
(c) any radioactive made management facility; (d) the transport and storage
of nuclear fuels or radioactive wastes; (e) the manufacture, use, storage,
disposal and transport of radioisotopes for agricultural, industrial, medical
and related scientific and research purposes; and (f) the use of radioisotopes
for generation in space objects
-
In the event of an accident: the State Party shall forthwith
notify, directly or through the International Atomic Energy Agency, those
States which are or may be physically affected as specified in article
1 and the Agency of the nuclear accident, its nature, the time of its occurrence
and its exact location where appropriate; and to promptly provide the States
referred to in sub-paragraph (a) directly or through the IAEA, with such
available information relevant to minimizing the radiological consequences
in those States
-
The IAEA shall inform State Parties, Member States, other
States which are or may be physically affected…and relevant international
organizations of a notification…and promptly provide any State Party, Member
State or relevant international organization, upon request, with the information
received
-
Article 5: Information to be provided: 1. the time, exact
location where appropriate, and the nature of the nuclear accident; 2.
the facility or activity involved; 3. The assumed or established cause
and the foreseeable development of the nuclear accident relevant to the
transboundary release of the radioactive materials; 4. the general characteristics
of the radioactive release, including…the nature, probably physical and
chemical form and the quantity, composition and effective height of the
radioactive release; 5. information on current and forecast meteorological
and hydrological conditions, necessary for forecasting the transboundary
release of the radioactive materials; 6. the results of environmental monitoring
relevant to the transboundary release of the radioactive materials; 7.
the off-site protective measures taken or planned; 8. the predicted behavior
over time of the radioactive release.
-
Article 8: Assistance to State Parties: "the agency shall…upon
request of a State Party which does not have nuclear activities itself
and borders on a State having an active nuclear program but not Party,
conduct investigations into the feasibility and establishment of an appropriate
radiation monitoring system…"
-
Article 11: Settlement of disputes: "if a dispute…cannot
be settled within one year from the request…it shall…be submitted to arbitration
or referred to the International Court of Justice for decision. Where a
dispute is submitted to arbitration, if, within six months from the date
of the request, the parties …are unable to agree on the organization of
the arbitration, a party may request the President of the International
Court of Justice or the Secretary-General of the UN to appoint one or more
arbitrators." The request of the Secretary-General shall have priority.
|
| Convention
on Nuclear Safety (1994) |
In
Force: 10.24.1996 |
Threats:3,
4,
20 |
-
Article 7: 1) Each Contracting Party shall establish and
maintain a legislative and regulatory framework to govern the safety of
nuclear installations; 2) The legislative and regulatory framework shall
provide for: i)…national safety requirements and regulations; ii) a system
of licensing…; iii) a system of regulatory inspection and assessment of
nuclear installations to ascertain compliance…; iv) the enforcement of
applicable regulations and of the terms of license…
-
Article 8: Each contracting party shall establish or designate
a regulatory body entrusted with the implementation of the legislative
and regulatory framework referred to in Article 7…
-
Article 10: Each contracting party shall take the appropriate
steps to ensure all organizations engaged in activities directly related
to nuclear installations shall establish policies that give due priority
to nuclear safety.
-
Article 14: Each contracting parties shall take the appropriate
steps to ensure that: i) …safety assessments are carried out before the
construction and commissioning of a nuclear installation and throughout
its life…. ii) verification by analysis, surveillance, testing and inspection
is carried out to ensure that the physical state and the operation of a
nuclear installation continue to be in accordance with its design, applicable
national safety requirements, and operational limits and conditions.
-
Article 19: each contracting party shall take the appropriate
steps to ensure that: vi) incidents significant to safety are reported
in a timely manner by the holder of the relevant license to the regulatory
body;
-
Article 29: In the event of disagreement between two or more
contracting parties concerning the interpretation or application of this
Convention, the Contracting Parties shall consult within the framework
of a meeting of the Contracting Parties with a view of to resolving the
disagreement.
|
| Treaty
Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under
Water (1963) |
In Force:
10.10.1963 |
Threats: 5 |
-
put an end to the armaments race and eliminate the incentive
to the production and testing of all kinds of weapons, including nuclear
weapons (preamble)
-
Article I: undertake to prohibit, to prevent, and not to
carry out any nuclear weapon test explosion, or any other nuclear explosion,
at any place under its jurisdiction or control; a) in the atmosphere; beyond
its limits, including outer space; or underwater, including territorial
waters or high seas; b)….without prejudice to the conclusion of
a treaty resulting in the permanent banning of all nuclear test explosions,
including all such explosions underground…c)…to refrain from causing, encouraging,
or in any way participating in, the carrying out of any nuclear weapon
test explosion, anywhere….
-
Article IV: each party shall…have the right to withdraw from
the Treaty…
|
| Comprehensive
Nuclear-Test-Ban Treaty (1996) |
Not in Force:
Adopted
on 09.24.1996. |
Threats: 5 |
-
Preamble: Welcoming the international agreements and
other positive measures of recent years in the field of nuclear disarmament,
including reductions in arsenals of nuclear weapons, as well as in the
field of the prevention of nuclear proliferation in all its aspects…Recognizing
that
the cessation of all nuclear weapon test explosions and all other nuclear
explosions, by constraining the development and qualitative improvement
of nuclear weapons and ending the development of advanced new types of
nuclear weapons, constitutes an effective measure of nuclear disarmament
and on-proliferation in all its aspects, Further recognizing that
an end to all such nuclear explosions will thus constitute a meaningful
step in the realization of a systematic process to achieve nuclear disarmament,
…
-
Article 1: Basic Obligations, 1. Each State Party undertakes
not to carry out any nuclear weapons test explosion or any other nuclear
explosion, and to prohibit and prevent any such unclear explosion at any
place under its jurisdiction or control; 2. Each State Party undertakes,
furthermore, to refrain from causing, encouraging, or in any way participating
in the carrying out of any nuclear weapon test explosion or any other unclear
explosion.
-
The Organization: A. General Provisions; 1. The States Parties
hereby establish the Comprehensive Nuclear-Test-Ban Treaty Organization
to achieve the object and purpose of this Treaty, to ensure the implementation
of its provisions, including those for compliance with it, and to provide
a forum for consultation and cooperation among State Parties…4. Each State
Party shall cooperate with the Organization in the exercise of its functions
in accordance with this Treaty. States Parties shall consult, directly
among themselves, or through the Organization or other appropriate international
procedures, including procedures within the framework of the United Nations
and in accordance with its Charter, on any matter which may be raised relating
to the object and purpose, or the implementation of the provisions, or
this Treaty…8. The Organization, as an independent body, shall seek to
utilize existing expertise and facilities, as appropriate, and to maximize
cost efficiencies, through cooperative arrangements with other international
organizations such as the International Atomic Agency. Such arrangements,
excluding those of a minor and normal commercial and contractual nature,
shall be set out in arrangements to be submitted to the Conference of the
State Parties for approval…
-
C. The Executive Council; Composition, Procedures and
Decision-making 27. The executive council shall consist of 51 members.
Each State Party shall have the right, in accordance with provisions of
the Article, to serve on the Executive Council; 28. Taking into account
the need for equitable geographical distribution, the Executive Council
shall comprise: (a) Ten States Parties from Africa; (b) Seven States Parties
from Eastern Europe; (c) Nine States Parties from Latin America and the
Caribbean; (d) Seven States Parties from the Middle East and South Asia;
(e) Ten States Parties from North America and Western Europe; and (f) Eight
States Parties from South-East Asia, the Pacific and the Far-East. Power
and Functions 37. The Executive Council shall be the executive organ
of the Organization. It shall be responsible to the Conference. It shall
carry out the powers and functions entrusted to it in accordance with this
Treaty. In so doing, it shall act in conformity wit the recommendations,
decisions and guidelines of the Conference and ensure their continuous
and proper implementation.
-
D. The Technical Secretariat: 42. The Technical Secretariat
shall assist States Parties in the implementation of this Treaty. The Technical
Secretariats shall assist the Conference and the Executive Council in the
performance of their functions. The Technical Secretariat shall carry out
the verification and other function entrusted to it by this Treaty, as
well as those functions delegated to it by the Conference of the Executive
Council in accordance with this Treaty. The Technical Secretariat shall
include, as an integral part, the International Data Centre…44. The Technical
Secretariat shall develop and maintain, subject to approval by the Executive
Council, operational manuals to guide the operation of the various components
of the verification regime, in accordance with Article IV and the Protocol.
These manuals shall not constitute integral parts of this Treaty or the
Protocol and may be changes by the Technical Secretariat subject to approval
by the Executive Council. The technical Secretariat shall promptly inform
the State Parties of any changes in the operational manuals…
-
Article III. National Implementation Measures: 1. Each State
Party shall, in accordance with its constitutional processes, take any
necessary measures to implement its obligations under this Treaty. In Particular,
it shall take any necessary measures: (a) To prohibit natural and legal
persons anywhere in its territory or in any other place under its jurisdiction
as recognized by international law from undertaking any activity to a State
Party under this Treaty; (b) To prohibit natural and legal persons from
undertaking any such activity anywhere under its control; and (c) To prohibit,
in conformity with international law; natural possessing its nationality
from undertaking any such activity anywhere; 2. Each State Party shall
inform the Organization of the measures takes pursuant to this Article…
-
Article IV. B. The International Monitoring System; 16. The
International Monitoring System shall comprise facilities for seismological
monitoring, radionuclide monitoring including certified laboratories, hydroacoustic
monitoring, infrasound monitoring, and respective means of communication
and shall be supported by the International Data Centre of the Technical
Secretariat…C. Consultation and Clarification; 29. Without prejudice to
the right of any State Party to request an on-site inspection, State Parties
should, whenever possible first male every effort to clarify and resolve,
among themselves or with or through the Organization, any matter which
may cause concern about possible non-compliance with the basic obligations
of this Treaty; 30. A State Party that receives a request pursuant to paragraph
29 directly from another State Party shall provide the clarification to
the requesting State Party as soon as possible, but in any case no late
than 48 hours after the request. The requesting and requested State Parties
may keep the Executive Council and the Director-General in formed of the
request and the response; 31. A State Party shall have the right to request
the Director-General to assist in clarifying any matter which may cause
concern about possible non-compliance with the basic obligations of this
Treaty. The Director-General shall provide appropriate information in the
possession of the Technical Secretariat relevant to such a concern. The
Director-General shall inform the Executive Council of the request and
of the information provided in response, if so requested by the requesting
State Party ; D. On-Site Inspections; Request for an On-Site Inspection;
34.
Each State Party has the right to request an on-site inspection in accordance
with the provisions of this Article and Part II of the Protocol in the
territory of in any other place under the jurisdiction or control of any
State Party, or in any area beyond the jurisdiction or control of any State;
35. The sole Purpose of an on-site inspection shall be to clarify whether
a nuclear weapon test explosion or any other nuclear explosion has been
carried out in violation of Article U and, to the extent possible, to gather
any facts which assist in identifying any possible violator…Follow-up
after Executive Council Approval of an On-Site Inspection; 53. An on-site
inspection approved by the Executive Council shall be conducted without
delay by an inspection team designed by the Director-General and in accordance
with the provisions of the Treaty and the Protocol. The inspection team
shall arrive at the point of entry no later than six days following the
receipt by the Executive Council of the on-site inspection from the requesting
State-Party…The Conduct of an On-Site Inspection; 56. Each State
Party shall permit the Organization to conduct an on-site inspection on
its territory or at places under its jurisdiction or control in accordance
with the provisions of this Treaty and the Protocol. However, no State
Party shall have to accept simultaneous on-site inspections on its territory
or at places under its jurisdiction or control…
-
Article V. Measure to Redress a Situation and to Ensure Compliance,
Including Sanctions; 1. The Conference, taking into account, inter alia,
the
recommendations of the Executive Council, shall take the necessary measures,
as set forth in paragraph 2 and 3, to ensure compliance with this Treaty
and to redress and remedy any situation which contravenes the provisions
of this Treaty
|
| Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes
and their Disposal (1989) |
In
Force: 05.05.1992 |
Threats:
3,
9, 20,
23, 28 |
-
Preamble: "Fully recognizing that any State has the sovereign
right to ban the entry or disposal of foreign hazardous wastes and other
wastes in its territory…Noting that a number of international and regional
agreements have addressed the issue of protection and preservation of the
environment with regard to the transit of dangerous goods…Affirming that
States are responsible for the fulfillment of their international obligations
concerning the protection and preservation of the environment, and are
liable in accordance with international law…are Determined to protect,
by strict control, human health and the environment against the adverse
effects which may result from the generation and management of hazardous
wastes and other wastes."
-
Article 2, Number 8: " ‘Environmentally sound management
of hazardous wastes and other wastes’ means taking all practical steps
to ensure that hazardous wastes or other wastes are managed in a manner
which will protect human health and the environment against the adverse
effects which may result from such wastes."
-
Article 4: General Obligations 1 a-c, 2 a-h;
-
Article 5, Number 1: "Designate or establish one or more
competent authorities and one focal point. One competent authority shall
be designated to receive the notification in case of a State of transit.
2. Inform the Secretariat [of these agencies] and 3. Inform the Secretariat…of
changes regarding [this] designation."
-
Article 10-International Co-operation: 1. "The Parties shall
co-operate with each other in order to improve and achieve environmentally
sound management of hazardous wastes and other wastes." Article 10, Number
2, b) Cooperate in monitoring the effects of the management of hazardous
wastes on human health and the environment."
-
Article 13: 1) The Parties shall, whenever it comes to their
knowledge, ensure that, in the case of an accident occurring during the
transboundary movement of hazardous wastes or other wastes or their disposal,
which are likely to present risks to human health and the environment in
other States, those states are immediately informed. 2)The Parties shall
inform each other, through the Secretariat, of: a) Changes regarding the
designation of competent authorities and/or focal points… b) Changes in
their national definition of hazardous wastes,…c) Decisions made by them
not to consent totally or partially to the import of hazardous wastes or
other wastes for disposal within the area under their national jurisdiction;
d) Decisions taken by them to limit or ban the export of hazardous wastes
or other wastes…
|
| Convention
for the Protection of the World Cultural and Natural Heritage (1972) |
In
force: 12.17.1975 |
Threats:3,
4,
5,
6,
7,
8,
9,
10,
11,
12,
15,
16,
17,
18,
19,
22,
25,
26,
31 |
-
Article 1: For the purpose of this convention, the following
shall be considered as
"cultural heritage" : Monuments, architectural works,
works of monumental sculptures and paintings, elements or structures of
an archeological nature, inscriptions, cave dwellings and combinations
of features, which are or outstanding universal value from the point of
view of history ,art groups of buildings: groups of separate or connected
buildings which, because of their architecture, their homogeneity or their
place in the landscape, are of outstanding universal value from the point
of view of history, art or science;
Sites: works of man of the combined works of nature
and man, and areas including archaeological sites which are of outstanding
universal value from the historical, aesthetic, ethnological or anthropological
point of view.
-
Article 2: For the purpose of this convention, the following
shall be considered as "natural heritage":
Natural features consisting of physical and biological
formations or groups of such formations, which are of outstanding universal
value from the aesthetic or scientific point of view;Geological and physiographical
formations and precisely delineated areas which constitute the habitat
of threatened species of animals and plants of outstanding universal value
from the point of view of science or conservation; Natural sites of precisely
delineated natural areas of outstanding universal value from the point
of view science, conservation or natural beauty.
-
Article 4: Each State Party to this Convention recognizes
that the duty of ensuring the identification, protection, conservation,
presentation and transmission to future generations of the cultural and
natural heritage referred to in Articles 1 and 2 and situated on its territory,
belongs primarily to that State. It will do all it can to this end, to
the utmost of its own resources and, where appropriate, with any international
assistance and cooperation, in particular, financial, artistic, scientific,
technical, which it may be able to obtain.
-
Article 6: 1. Whilst fully respecting the sovereignty of
the States on whose territory the cultural and natural heritage mentioned
in Articles 1 and 2 is situated , and without prejudice to property right
provided by national legislation, the States Parties to this Convention
recognize that such heritage constitutes a world heritage for whose protection
it is the duty of the international community as a whole to co-operate.
-
Article 7: For the purpose of this Convention, international
protection of the world cultural and natural heritage shall be understood
to mean the establishment of a system of international co-operation and
assistance designed to support States Parties to the Convention in their
efforts to conserve and identify that heritage.
-
Article 8: 1. An Intergovernmental Committee for the Protection
of the Cultural and Natural Heritage of Outstanding Universal Value, called
" the World Heritage Committee," is hereby established within the United
Nations Education, scientific and Cultural Organization. It shall be composed
of 15 States Parties …
-
Article 11:…4. The committee shall establish, keep up to
date and publish, whenever circumstances shall so require, under the title
of "list of World Heritage in Danger," a list of the property appearing
in the World Heritage List for the conservation of which major operations
are necessary and for which assistance has been requested under this conservation.
This list shall contain an estimate of the cost of such operations. This
list may includes only such property forming part of the cultural and natural
heritage as is threatened by serious and specific dangers, such as the
threat of disappearance caused by accelerated deterioration, large-scale
public or private projects or rapid urban or tourist development projects;
destruction caused by changes in the use or ownership of the land; major
alternations due to unknown causes; abandonment for any reason whatsoever;
the outbreak of the threat of an armed conflict; calamities and cataclysms;
serious fires, earthquakes, landslides; volcanic eruptions, changes in
water level, floods and tidal waves. The Committee may at any time, in
case of urgent need, make a new entry in the list of World Heritage in
danger and publicize such entry immediately.
|
| Convention
on Biological Diversity (1992) |
In Force: 12.29.1993 |
Threats:3,
4,
5,
7,
8,
9,
10,
11,
14,
15,
16,
17,
18,
19,
21,
22,
23,
24,
25,
26,
28,
31,
32 |
-
states have sovereign rights over their own biological resources
(preamble)
-
fundamental requirement for the conservation of … is the
in-situ conservation of ecosystems and natural habitats and the maintenance
and recovery of viable populations of species…
-
Article 4: Jurisdictional Scope.. subject to the rights of
other States..
-
…in areas within the limits of its national jurisdiction;
-
in the case of processes and activities, regardless of where
their effects occur, carried out under its jurisdictional or control within
the area of its national jurisdiction or beyond the limits of national
jurisdiction
-
Article 5: Each Contracting Party shall…cooperate with other
Contracting Parties….where appropriate, through competent international
organizations, in respect of areas beyond national jurisdiction and on
other matters of mutual interest, for the conservation and sustainable
Use of biological diversity.
-
Article 14: 1) Each Contracting Party, as far as possible
and as appropriate, shall: a) Introduce appropriate procedures requiring
environmental impact assessment of its proposed projects that are likely
to have significant adverse effects on biological diversity with a view
to avoiding or minimizing such effects and, where appropriate, allow for
public participation in such procedures; b) Introduce appropriate arrangements
to ensure that the environmental consequences of its programs and policies
that are likely to have significant adverse impacts on biological diversity
are duly taken into account; c) Promote, on the basis of reciprocity, notification,
exchange of information and consultation on activities under their jurisdiction
or control which are likely to significantly affect adversely the biological
diversity of other States or areas beyond the limits of national jurisdiction,
by encouraging the conclusion of bilateral, regional or multilateral arrangements,
as appropriate; d) In the case of imminent or grave danger or damage, originating
under its jurisdiction or control, to biological diversity within the area
under jurisdiction of oilier States or in areas beyond the limits of national
jurisdiction, notify immediately the potentially affected States of such
danger or damage, as well as initiate action to prevent or minimize such
danger or damage; and e) Promote national arrangements for emergency
responses to activities or events, whether caused naturally or otherwise,
which present a grave and imminent danger to biological diversity and encourage
international cooperation to supplement such national efforts and, where
appropriate and agreed by the States or regional economic integration organizations
concerned, to establish joint contingency plans. 2) The Conference of the
Parties shall examine, on the basis of studies to be carried out, the issue
of liability and redress, including restoration and compensation, for damage
to biological diversity, except where such liability is a purely internal
-
Article 15: Access to Genetic Resources 1. Recognizing the
sovereign rights of States over their natural resources, the authority
to determine access to genetic resources rests with the national governments
and is subject to national legislation. 2. Each Contracting Party shall
endeavor to create conditions to facilitate access to genetic resources
for environmentally sound uses by other Contracting Parties and not to
impose restrictions that run counter to the objectives of this Convention.
3. For the purpose of this Convention, the genetic resources being provided
by a Contracting Party, as referred to in this Article and Articles 16
and 19, are only those that are provided by Contracting Parties that are
countries of origin of such resources or by the Parties that have acquired
the genetic resources in accordance with this Convention. 4. Access, where
granted, shall be on mutually agreed terms and subject to the provisions
of this
-
Article 27: 1) In the event of a dispute between Contracting
Parties concerning the interpretation or application of this Convention,
the parties concerned shall seek solution by negotiation. 2) If the parties
concerned cannot reach agreement by negotiation, they may jointly seek
the good offices of, or request mediation by, a third party. 3) When ratifying,
accepting, approving or acceding to this Convention, or at any time thereafter,
a State or regional economic integration organization may declare in writing
to the Depositary that for a dispute not resolved in accordance with paragraph
1 or paragraph 2 above, it accepts one or both of the following means of
dispute settlement as compulsory: a) Arbitration in accordance with the
procedure laid down in Part 1 of Annex II; b) Submission of the dispute
to the International Court of Justice. 4) If the parties to the dispute
have not, in accordance with paragraph 3 above, accepted the same or any
procedure, the dispute shall be submitted to conciliation in accordance
with Part 2 of Annex II unless the parties otherwise agree.
-
Annex I Part I
-
Article 1: …If the parties do not agree on the subject matter
of the dispute before the President of the tribunal is designated, the
arbitral tribunal shall determine the subject matter.
-
Article 4: The arbitral tribunal shall render its decisions
in accordance with the provisions of this Convention, any protocols concerned,
and international law.
-
Article 6: The arbitral tribunal may, at the request of one
of the parties, recommend essential interim measures of protection.
-
Article 13: If one of the parties to the dispute does not
appear before the arbitral tribunal or fails to defend its case, the other
party may request the tribunal to continue the proceedings and to make
its award. Absence of a party or a failure of a party to defend its case
shall not constitute a bar to the proceedings. Before rendering its final
decision, the arbitral tribunal must satisfy itself that the claim is well
founded in fact and law.
-
Article 16: The award shall be binding on the parties to
the dispute. It shall be without appeal unless the parties to the dispute
have agreed in advance to an appellate procedure.
|
| Convention
on International Trade in Endangered Species of Wild Fauna and Flora (1973) |
In Force: 07.01.1975 |
Threats: 3,
22 |
-
Preamble: …wild fauna and flora…are irreplaceable part of
the natural systems…which must be protected for this and generations to
come; international cooperation is essential for the protection
-
Article II (fundamental principles): 1. Include all species
threatened with extinction which are or may be affected by trade. Trade
in specimens…must be subject to…strict regulation …must only be authorized
in exceptional circumstances.
-
Article III (Regulations of Trade in Specimens of Species
Included in Appendix I) :2. The export of any specimen of a species included
in Appendix I shall require the prior grant and presentation of an export
permit. Conditions for export permit: a Scientific Authority of the State
of export has advised that such export will not be detrimental to the survival;
a Management Authority of the State of export (MASE) satisfied that the
specimen was not obtained in contravention of the Law of that State; a
MASE is satisfied that any living specimen will be so prepared and shipped
as to minimize the risk of injury, damage to health or cruel treatment
|
| Convention
on the Protection and Use of Transboundary Watercourses and International
Lakes (1992) |
In force: 10.06.1996
Open to State members of the ECE. |
Threats: 8,
13,
14 |
-
Preamble: The Parties of this Convention, Mindful that he
protection and use of transboundary watercourses and international lakes
re important and urgent tasks, the effective accomplishment of which can
only be ensured by enhanced co-operation,
Concerned over the existence and threat of adverse effects,
in the short or long term, of changes in the conditions of transboundary
watercourses and international lakes on the environment, economies and
well-being of the member countries of the Economic Commission for Europe
(ECE),
Emphasizing the need for strengthened national and international
measures to prevent, control and reduce the release of hazardous substances
into the aquatic environment and to abate eutrophication and acidification
, as well as pollution of the marine environment, in particular coastal
areas, from land-based sources.,
Commending the efforts already undertaken by the ECE Governments
to strengthen co-operation, on bilateral and multilateral levels, for the
prevention, control and reduction of transboundary pollution, sustainable
water management, conservation of water resources and environmental protection,
…
-
Article 1: DEFINITIONS: "Transboundary waters" means any
surface or ground waters which mark, cross of are located on boundaries
between two or more states; wherever transboundary waters flow directly
into the sea, these transboundary waters end at a straight line across
their respective mouths between points on the low-water line of their banks;
2. "Transboudnary impact" means any significant adverse effect on the environment
resulting from a change in the conditions of transboundary waters caused
by a human activity, the physical origin of which is situated wholly or
in party within an area under the jurisdiction or a Party, within an area
under the jurisdiction of another party. Such effects on the environment
includes effects on human health and safety, flora, fauna, soil, air, water,
climate, landscape and historical monuments or other physical structures
on the cultural heritage or socio-economic conditions resulting from alterations
to those factors.
-
Article 2: GENERAL PROVISIONS: 1. The Parties shall take
all appropriate measures to prevent, control and reduce any transboundary
impact; 2. Parties shall , in particular, take all appropriate measures;
a) To prevent, control and reduce pollution of waters causing or likely
to cause transboundary impact; b) To ensure that transboundary waters are
used with the aim of ecologically sound and rational water management,
conservation of water resources and environmental protection; c) to ensure
that transboundary waters are used in a reasonable and equitable way, taking
into particular account their transboundary character, in the case of activities
which cause or are likely to cause transboundary impact;…5. In taking the
measures referred to in paragraphs 1 and 2of the article, shall be guided
by the following principles:…b) The polluter-pays principle, by virtue
of which costs of pollution prevention, control and reduction measure shall
be borne by the polluter;…6. The Riparian Parties shall co-operate on the
basis of equality and reciprocity, in particular through bilateral and
multilateral agreements, in order to develop harmonized policies, programmes
and strategies covering the relevant catchment areas, or parts thereof,
aimed at the prevention, control and reduction of transboundary impact
and aimed at the protection of the environment of transboundary waters
or the environment influenced by such waters, including the marine environment.
-
Article 5: RESEARCH AND DEVELOPMENT: The Parties shall so-operate
in the conduct of research into and development of effective techniques
for the prevention, control and reduction of transboundary impact. To this
effect, the Parties shall, on a bilateral and/or multilateral basis, taking
into account research activities pursued in relevant international forums,
endeavour to initiate or intensify specific research programmes, where
necessary, aimed, inter alia at:…
-
Article 7: RESPONSIBILITY AND LIABILITY: The Parties shall
support appropriate international efforts to elaborate rules, criteria
and procedures in the field of responsibility and liability.
-
Article 10: CONSULTATIONS: Consultations shall be held between
the Riparian Parties on the basis of reciprocity, good faith and good-neighbourliness,
at the request of any such party. Such consultations of this Convention.
Any such consultations shall be conducted through a joint body established
under Article 9 of this Convention, where one exists.
-
Article 23: SETTLEMENTS OF DISPUTES: 1. If a dispute arises
between two or more Parties about the interpretation of application of
this Convention, they shall seek a solution by negotiation or by any other
means of dispute settlement acceptable to the parties to the dispute; 2.
When signing, ratifying, accepting, approving or acceding to this Convention,
or at any time thereafter, a Party may declare in writing to the Depository
that, for a dispute not resolved in accordance with paragraph 1 of this
article, it accepts one or both of the following means of dispute settlement
as compulsory in relations to any Party accepting the same obligation:
a) Submission of the dispute to the International Court of Justice.
|
| United
Nations Convention on the Law of the Sea (1982) |
In Force:
11.16.1994
160 & EC (U.S. voluntarily adheres to) |
Threats:4,
5,
8,
10,
16,
22,
24,
28,
30,
31 |
PART II: TERRITORIAL SEA AND CONTIGUOUS
ZONE
-
Article 2: 1) The sovereignty of a coastal State extends,
beyond its land territory and internal waters and, in the case of an archipelagic
State, its archipelagic waters, to an adjacent belt of sea, described as
the territorial sea. 2) This sovereignty extends to the air space over
the territorial sea as well as to Its bed and subsoil. 3) The sovereignty
over the territorial sea is exercised subject to this Convention and to
other rules of international law.
-
Article 3: Every State has the right to establish the breadth
of its territorial sea up to a limit not exceeding 12 nautical miles, measured
from baselines determined in accordance with this Convention.
-
Article 4: The outer limit of the territorial sea is the
line every point of which is at a distance from the nearest point of the
baseline equal to the breadth of the territorial sea.
-
Article 5: Except where otherwise provided in this Convention,
the normal baseline for measuring the breadth of the territorial sea is
the low-water line along the coast as marked on large-scale charts officially
recognized by the coastal State.
-
Article 6: In the case of islands situated on atolls or of
islands having fringing reefs, the baseline for measuring the breadth of
the territorial sea is the seaward low-water line of the reef, as shown
by the appropriate symbol on charts officially recognized by the coastal
State.
-
Article 8: 1) Except as provided in Part IV, waters on the
landward side of the baseline of the territorial sea form part of the internal
waters of the State. 2) Where the establishment of a straight baseline
in accordance with the method set forth in article 7 has the effect of
enclosing as internal waters areas which had not previously been considered
as such, a right of innocent passage as provided in this Convention shall
exist in those waters.
-
Article 17: Subject to this Convention, ships of all States,
whether coastal or land-locked, enjoy the right of innocent passage through
the territorial sea.
-
Article 21: 1) The coastal State may adopt laws and regulations,
in conformity with the provisions of this Convention and other rules of
international law, relating to innocent passage through the territorial
sea, in respect of all or any of the following: (a) the safety of navigation
and the regulation of maritime traffic; (b) the protection of navigational
aids and facilities and other facilities or installations; (c) the protection
of cables and pipelines; (d) the conservation of the living resources of
the sea; (e) the prevention of infringement of the fisheries laws and regulations
of the coastal State; (f) the preservation of the environment of the coastal
State and the prevention, reduction and control of pollution thereof; (g)
marine scientific research and hydrographic surveys; (h) the prevention
of infringement of the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State. 2) Such laws and regulations shall not
apply to the design, construction, manning or equipment of foreign ships
unless they are giving effect to generally accepted international rules
or standards. 3) The coastal State shall give due publicity to all such
laws and regulations. 4) Foreign ships exercising the right of innocent
passage through the territorial sea shall comply with all such laws and
regulations and all generally accepted international regulations relating
to the prevention of collisions at sea.
-
Article 32: With such exceptions as are contained in subsection
A and in articles 30 and 31, nothing in this Convention affects the immunities
of warships and other government ships operated for non-commercial purposes.
-
Article 33: 1) In a zone contiguous to its territorial sea…,
the coastal State may exercise the control necessary to: (a) prevent infringement
of its customs, fiscal, immigration or sanitary laws and regulations within
its territory or territorial sea; (b) punish infringement of the above
laws and regulations committed within its territory or territorial sea.
2) The contiguous zone may not extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is measured.
-
Article 56: State has: a) sovereign rights for the purpose
of exploring and exploiting, conserving and managing the natural resources,
whether living or non-living, of the waters superjacent to the sea-bed
and of the sea-bed and its subsoil, and with regard to other activities
for the economic exploitation and exploration of the zone, such as the
production of energy from the water, currents and winds; b) jurisdiction
as provided for in the relevant provisions of this Convention with regard
to: i) the establishment and use of artificial islands, installations and
structures; ii)marine scientific research; iii) the protection and preservation
of the marine environment; c) other rights and duties provided for in this
Convention. 2) In exercising its rights and performing its duties under
this Convention in the exclusive economic zone, the coastal State shall
have due regard to the rights and duties of other States and shall act
in a manner compatible with the provisions of this Convention.
-
Article 135: Neither this Part nor any rights granted or
exercised pursuant thereto shall affect the legal status of the waters
superjacent to the Area or that of the air space above those waters.
PART XII: PROTECTION AND PRESERVATION OF THE MARINE
ENVIRONMENT
-
Article 192: States have the obligation to protect and preserve
the marine environment.
-
Article 193: States have the sovereign right to exploit their
natural resources pursuant to their environmental policies and in accordance
with their duty to protect and preserve the marine environment.
-
Article 194: 1. States shall take…, all measures consistent
with this Convention that are necessary to prevent, reduce and control
pollution of the marine environment from any source, using for this purpose
the best practicable means at their disposal and in accordance with their
capabilities, and they shall endeavor to harmonize their policies in this
connection. 2) States shall take all measures necessary to ensure that
activities under their jurisdiction or control are so conducted as not
to cause damage by pollution to other States and their environment, and
that pollution arising from incidents or activities under their jurisdiction
or control does not spread beyond the areas where they exercise sovereign
rights in accordance with this Convention operation...4) In taking measures
to prevent, reduce or control pollution of the marine environment, States
shall refrain from unjustifiable interference with activities carried out
by other States in the exercise of their rights and in pursuance of their
duties in conformity with this Convention. 5) The measures taken in accordance
with this Part shall include those necessary to protect and preserve rare
or fragile ecosystems as well as the habitat of depleted, threatened or
endangered species and other forms of marine life.
-
Article 195: in taking measures to prevent, reduce and control
pollution of the marine environment, States shall act so as not to transfer…damage
or hazards from one area to another or transform one type of pollution
into another.
-
Article 196: 1. States shall take all measures necessary
to prevent, reduce and control pollution of the marine environment resulting
from the use of technologies under their jurisdiction or control, or the
intentional or accidental introduction of species, alien or new, to a particular
part of the marine environment, which may cause significant and harmful
changes thereto.
SECTION 2. GLOBAL AND REGIONAL CO-OPERATION
-
Article 198: When a State becomes aware of cases in which
the marine environment is in imminent danger of being damaged or has been
damaged by pollution, it shall immediately notify other States it deems
likely to be affected by such damage, as well as the competent international
organizations.
-
Article 199: In the cases referred to in article 198, States
in the area affected, in accordance with their capabilities, and the competent
international
PART XV: SETTLEMENT OF DISPUTES
-
Article 279: States Parties shall settle any dispute between
them concerning the interpretation or application of this Convention by
peaceful means in accordance with Article 2, paragraph 3, of the Charter
of the United Nations and, to this end, shall seek a solution by the means
indicated in Article 33, paragraph 1, of the Charter.
-
Article 280: Nothing in this Part impairs the right of any
States Parties to agree at any time to settle a dispute between them concerning
the interpretation or application of this Convention by any peaceful means
of their own choice.
-
Article 281: 1. If the States Parties which are parties to
a dispute concerning the interpretation or application of this Convention
have agreed to seek settlement of the dispute by a peaceful means of their
own choice, the procedures provided for in this Part apply only where no
settlement has been reached by recourse to such means and the agreement
between the parties does not exclude any further procedure . 2) If the
parties have also agreed on a time limit, paragraph 1 applies only upon
the expiration of that time limit.
-
Article 282: If the States Parties which are parties to a
dispute concerning the interpretation or application of this Convention
have agreed, through a general, regional or bilateral agreement or otherwise,
that such dispute shall, at the request of any party to the dispute, be
submitted to a procedure that entails a binding decision, that procedure
shall apply in lieu of the procedures provided for in this Part, unless
the parties to the dispute otherwise agree.
-
Article 283: 1. When a dispute arises between States Parties
concerning the interpretation or application of this Convention, the parties
to the dispute shall proceed expeditiously to an exchange of views regarding
its settlement by negotiation or other peaceful means. 2) The parties shall
also proceed expeditiously to an exchange of views where a procedure for
the settlement of such a dispute has been terminated without a settlement
or where a settlement has been reached and the circumstances require consultation
regarding the manner of implementing the settlement.
-
Article 284: 1. A State Party which is a party to a dispute
concerning the interpretation or application of this Convention may invite
the other party or parties to submit the dispute to conciliation in accordance
with the procedure under Annex V, section 1, or another conciliation procedure.
2. If the invitation is accepted and if the parties agree upon the conciliation
procedure to be applied, any party may submit the dispute to that procedure.
3. If the invitation is not accepted or the parties do not agree upon the
procedure, the conciliation proceedings shall be deemed to be terminated.
4. Unless the parties otherwise agree, when a dispute has been submitted
to conciliation, the proceedings may be terminated only in accordance with
the agreed conciliation procedure.
SECTION 2. COMPULSORY PROCEDURES ENTAILING BINDING DECISIONS
-
Article 286: Subject to section 3, any dispute concerning
the interpretation or application of this Convention shall, where no settlement
has been reached by recourse to section 1, be submitted at the request
of any party to the dispute to the court or tribunal having jurisdiction
under this section.
-
Article 287: 1. When signing, ratifying or acceding to this
Convention or at any time thereafter, a State shall be free to choose,
by means of a written declaration, one or more of the following means for
the settlement of disputes concerning the interpretation or application
of this Convention: (a) the International Tribunal for the Law of the Sea
established in accordance with Annex VI; (b) the International Court of
Justice; (c) an arbitral tribunal constituted in accordance with Annex
VII; (d) a special arbitral tribunal constituted in accordance with Annex
VIII for one or more of the categories of disputes specified therein. 2.
A declaration made under paragraph 1 shall not affect or be affected by
the obligation of a State Party to accept the jurisdiction of the Sea-Bed
Disputes Chamber of the International Tribunal for the Law of the Sea to
the extent and in the manner provided for in Part XI, section 5. 3. A State
Party, which is a party to a dispute not covered by a declaration in force,
shall be deemed to have accepted arbitration in accordance with Annex VII.
. If the parties to a dispute have accepted the same procedure for the
settlement of the dispute, it may be submitted only to that procedure,
unless the parties otherwise agree. 5. If the parties to a dispute have
not accepted the same procedure for the settlement of the dispute, it may
be submitted only to arbitration in accordance with Annex VII, unless the
parties otherwise agree. 6. A declaration made under paragraph 1 shall
remain in force until three months after notice of revocation has been
deposited with the Secretary-General of the United Nations. 7. A new declaration,
a notice of revocation or the expiry of a declaration does not in any way
affect proceedings pending before a court or tribunal having jurisdiction
under this article, unless the parties otherwise agree. 8. Declarations
and notices referred to in this article shall be deposited with the Secretary-General
of the United Nations, who shall transmit copies thereof to the States
Parties.
-
Article 288: . 1) A court or tribunal referred to in article
287 shall have jurisdiction over any dispute concerning the interpretation
or application of this… 2. A court or tribunal referred to in article 287
shall also have jurisdiction over any dispute concerning the interpretation
or application of an international agreement related to the purposes of
this Convention... 3. The Sea-Bed Disputes Chamber of the International
Tribunal for the Law of the…, and any other chamber or arbitral tribunal
referred to in Part XI, section 5, shall have jurisdiction in any matter...
4. In the event of a dispute as to whether a court or tribunal has jurisdiction,
the matter shall be settled by decision of that court or tribunal.
-
Article 290: 1. If a dispute has been duly submitted to a
court or tribunal which considers that prima facie it has jurisdiction
under this Part or Part XI, section 5, the court or tribunal may prescribe
any provisional measures which it considers appropriate under the circumstances
to preserve the respective rights of the parties to the dispute or to prevent
serious harm to the marine environment, pending the final decision. 2.
Provisional measures may be modified or revoked as soon as the circumstances
justifying them have changed or ceased to exist. 3. Provisional measures
may be prescribed, modified or revoked under this article only at the request
of a party to the dispute and after the parties have been given an opportunity
to be heard. 4. The court or tribunal shall forthwith give notice to the
parties to the dispute, and to such other States Parties as it considers
appropriate, of the prescription, modification or revocation of provisional
measures. 5. Pending the constitution of an arbitral tribunal to which
a dispute is being submitted under this section, any court or tribunal
agreed upon by the parties or, failing such agreement within two weeks
from the date of the request for provisional measures, the International
Tribunal for the Law of the Sea or, with respect to activities in the Area,
the Sea-Bed Disputes Chamber, may prescribe, modify or revoke provisional
measures in accordance with this article if it considers that prima facie
the tribunal which is to be constituted would have jurisdiction and that
the urgency of the situation so requires. Once constituted, the tribunal
to which the dispute has been submitted may modify, revoke or affirm those
provisional measures, acting in conformity with paragraphs 1 to 4. 6. The
parties to the dispute shall comply promptly with any provisional measures
prescribed under this article.
-
Article 291: 1. All the dispute settlement procedures specified
in this Part shall be open to States Parties. 2. The dispute settlement
procedures specified in this Part shall be open to entities other than
States Parties only as specifically provided for in this Convention.
-
Article 293: 1. A court or tribunal having jurisdiction under
this section shall apply this Convention and other rules of international
law not incompatible with this Convention. 2. Paragraph 1 does not prejudice
the power of the court or tribunal having jurisdiction under this section
to decide a case ex aequo et bono, if the parties so agree.
-
Article 294: 1. A court or tribunal provided for in article
287 to which an application is made in respect of a dispute referred to
in article 297 shall determine at the request of a party, or may determine
proprio motu, whether the claim constitutes an abuse of legal process or
whether prima facie it is well founded. If the court or tribunal determines
that the claim constitutes an abuse of legal process or is prima facie
unfounded, it shall take no further action in the case. 3. Nothing in this
article affects the right of any party to a dispute to make preliminary
objections in accordance with the applicable rules of procedure.
-
Article 295: Any dispute between States Parties concerning
the interpretation or application of this Convention may be submitted to
the procedures provided for in this section only after local remedies have
been exhausted where this is required by international law.
-
Article 296: 1. Any decision rendered by a court or tribunal
having jurisdiction under this section shall be final and shall be complied
with by all the parties to the dispute. 2. Any such decision shall have
no binding force except between the parties and in respect of that particular
dispute.
SECTION 3. LIMITATIONS AND EXCEPTIONS TO APPLICABILITY
OF SECTION 2
-
Article 297: 1. Disputes concerning the interpretation or
application of this Convention with regard to the exercise by a coastal
State of its sovereign rights or jurisdiction provided for in this Convention
shall be subject to the procedures provided for in section 2 in the following
cases: (a) when it is alleged that a coastal State has acted in contravention
of the provisions of this Convention in regard to the freedoms and rights
of navigation, overflight or the laying of submarine cables and pipelines,
or in regard to other internationally lawful uses of the sea specified
in article 58; (b) when it is alleged that a State in exercising the aforementioned
freedoms, rights or uses has acted in contravention of this Convention
or of laws or regulations adopted by the coastal State in conformity with
this Convention and other rules of international law not incompatible with
this Convention; or (c) when it is alleged that a coastal State has acted
in contravention of specified international rules and standards for the
protection and preservation of the marine environment which are applicable
to the coastal State and which have been established by this Convention
or through a competent international organization or diplomatic conference
in accordance with this Convention. 2) (a) Disputes concerning the interpretation
or application of the provisions of this Convention with regard to marine
scientific research shall be settled in accordance with section 2, except
that the coastal State shall not be obliged to accept the submission to
such settlement of any dispute arising out of: (i) the exercise by the
coastal State of a right or discretion in accordance with article 246,
or (ii) a decision by the coastal State to order suspension or cessation
of a research project in accordance with article 253. (b) A dispute arising
from an allegation by the researching State that with respect to a specific
project the coastal State is not exercising its rights under articles 246
and 253 in a manner compatible with this Convention shall be submitted,
at the request of either party, to conciliation under Annex V, section
2, provided that the conciliation commission shall not call in question
the exercise by the coastal State of its discretion to designate specific
areas as referred to in article 246, paragraph 6, or of its discretion
to withhold consent in accordance with article 246, paragraph 5. 3) (a)
Disputes concerning the interpretation or application of the provisions
of this Convention with regard to fisheries shall be settled in accordance
with section 2, except that the coastal State shall not be obliged to accept
the submission to such settlement of any dispute relating to its sovereign
rights with respect to the living resources in the exclusive economic zone
or their exercise, including its discretionary powers for determining the
allowable act, its harvesting capacity, the allocation of surpluses to
other States and the terms and conditions established in its conservation
and management laws and regulations. (b) Where no settlement has been reached
by recourse to section 1 of this Part, a dispute shall be submitted to
conciliation under Annex V, section 2, at the request of any party to the
dispute, when it is alleged that: (i) a coastal State has manifestly failed
to comply with its obligations to ensure through proper conservation and
management measures that the maintenance of the living resources in the
exclusive economic zone is not seriously endangered; (ii) a coastal State
has arbitrarily refused to determine, at the request of another State,
the allowable catch and its capacity to harvest living resources with respect
to stocks which that other State is interested in fishing, or (iii) a coastal
State has arbitrarily refused to allocate to any State, under articles
62, 69 and 70 and under the terms and conditions established by the coastal
State consistent with this Convention, the whole or part of the surplus
it has declared to exist. c) In no case shall the conciliation commission
substitute its discretion for that of the coastal State. (d) The report
of the conciliation commission shall be communicated to the appropriate
international organizations. (e) In negotiating agreements pursuant to
articles 69 and 70, States Parties, unless they otherwise agree, shall
include a clause on measures which they shall take in order to minimize
the possibility of a disagreement concerning the interpretation or application
of the agreement, and on how they should proceed if a disagreement nevertheless
arises.
-
Article 298: Optional exceptions to applicability of section
2: 1. When signing, ratifying or acceding to this Convention or at any
time thereafter, a State may, without prejudice to the obligations arising
under section 1, declare in writing that it does not accept any one or
more of the procedures provided for in section 2 with respect to one or
more of the following categories of disputes: (a) (i) disputes concerning
the interpretation or application of articles 15, 74 and 83 relating to
sea boundary delimitations, or those involving historic bays or titles,
provided that a State having made such a declaration shall, when such a
dispute arises subsequent to the entry into force of this Convention and
where no agreement within a reasonable period of time is reached in negotiations
between the parties, at the request of any party to the dispute, accept
submission of the matter to conciliation under Annex V, section 2; and
provided further that any dispute that necessarily involves the concurrent
consideration of any unsettled dispute concerning sovereignty or other
rights over continental or insular land territory shall be excluded from
such submission; (ii) after the conciliation commission has presented its
report, which shall state the reasons on which it is based, the parties
shall negotiate an agreement on the basis of that report; if these negotiations
do not result in an agreement, the parties shall, by mutual consent, submit
the question to one of the procedures provided for in section 2, unless
the parties otherwise agree; (iii) this subparagraph does not apply to
any sea boundary dispute finally settled by an arrangement between the
parties, or to any such dispute which is to be settled in accordance with
a bilateral or multilateral agreement binding upon those parties; (b) disputes
concerning military activities, including military activities by government
vessels and aircraft engaged in non-commercial service, and disputes concerning
law enforcement activities in regard to the exercise of sovereign rights
or jurisdiction excluded from the jurisdiction of a court or tribunal under
article 297, paragraph 2 or 3; (c) disputes in respect of which the Security
Council of the United Nations is exercising the functions assigned to it
by the Charter of the United Nations, unless the Security Council decides
to remove the matter from its agenda or calls upon the parties to settle
it by the means provided for in this Convention. 2. A State Party which
has made a declaration under paragraph 1 may at any time withdraw it, or
agree to submit a dispute excluded by such declaration to any procedure
specified in this Convention. 3. A State Party which has made a declaration
under paragraph 1 shall not be entitled to submit any dispute falling within
the excepted category of disputes to any procedure in this Convention as
against another State Party, without the consent of that party. 4. If one
of the States Parties has made a declaration under paragraph 1: (a), any
other State Party may submit any dispute falling within an excepted category
against the declarant party to the procedure specified in such declaration.
5. A new declaration, or the withdrawal of a declaration, does not in any
way affect proceedings pending before a court or tribunal in accordance
with this article, unless the parties otherwise agree. 6. Declarations
and notices of withdrawal of declarations under this article shall be deposited
with the Secretary-General of the United Nations, who shall transmit copies
thereof to the States Parties.
-
Article 299: 1. A dispute excluded under article 297 or excepted
by a declaration made under article 298 from the dispute settlement procedures
provided for in section 2 may be submitted to such procedures only by agreement
of the parties to the dispute. 2. Nothing in this section impairs the right
of the parties to the dispute to agree to some other procedure for the
settlement of such dispute or to reach an amicable settlement
ANNEX V. CONCILIATION:
SECTION 1. CONCILIATION PROCEDURE PURSUANT TO SECTION
1 OF PART XV
-
Article 1: If the parties to a dispute have agreed, in accordance
with article 284, to submit it to conciliation under this section, any
such party may institute the proceedings by written notification addressed
to the other party or parties to the dispute.
-
Article 5: The commission may draw the attention of the parties
to any measures which might facilitate an amicable settlement of the dispute.
-
Article 6: The commission shall hear the parties, examine
their claims and objections, and make proposals to the parties with a view
to reaching an amicable settlement.
-
Article 10: The parties to the dispute may by agreement applicable
solely to that dispute modify any provision of this Annex.
SECTION 2. COMPULSORY SUBMISSION TO CONCILIATION PROCEDURE
PURSUANT TO SECTION 3 OF PART XV
-
Article 11: 1. Any party to a dispute which, in accordance
with Part XV, section 3, may be submitted to conciliation under this section,
may institute the proceedings by written notification addressed to the
other party or parties to the dispute. 2. Any party to the dispute, notified
under paragraph 1, shall be obliged to submit to such proceedings.
-
Article 12: The failure of a party or parties to the dispute
to reply to notification of institution of proceedings or to submit to
such proceedings shall not constitute a bar to the proceedings.
ANNEX VI. STATUTE OF THE INTERNATIONAL TRIBUNAL FOR
THE LAW OF THE SEA SECTION 1:
-
Article 2: 2. In the Tribunal as a whole the representation
of the principal legal systems of the world and equitable geographical
distribution shall be assured.
-
Article 21: The jurisdiction of the Tribunal comprises all
disputes and all applications submitted to it in accordance with this Convention
and all matters specifically provided for in any other agreement which
confers jurisdiction on the Tribunal.
-
Article 22: If all the parties to a treaty or convention
already in force and concerning the subject-matter covered by this Convention
so agree, any disputes concerning the interpretation or application of
such treaty or convention may, in accordance with such agreement, be submitted
to the Tribunal.
-
Article 28: When one of the parties does not appear before
the Tribunal or fails to defend its case, the other party may request the
Tribunal to continue the proceedings and make its decision. Absence of
a party or failure of a party to defend its case shall not constitute a
bar to the proceedings. Before making its decision, the Tribunal must satisfy
itself not only that it has jurisdiction over the dispute, but also that
the claim is well founded in fact and law.
-
Article 31: 1. Should a State Party consider that it has
an interest of a legal nature which may be affected by the decision in
any dispute, it may submit a request to the Tribunal to be permitted to
intervene. 2. It shall be for the Tribunal to decide upon this request.
3. If a request to intervene is granted, the decision of the Tribunal in
respect of the dispute shall be binding upon the intervening State Party
in so far as it relates to matters in respect of which that State Party
intervened.
-
Article 33: 1. The decision of the Tribunal is final and
shall be complied with by all the parties to the dispute. 2. The decision
shall have no binding force except between the parties in respect of that
particular dispute. 3. In the event of dispute as to the meaning or scope
of the decision, the Tribunal shall construe it upon the request of any
party.
ANNEX VII. ARBITRATION
-
Article 9: If one of the parties to the dispute does not
appear before the arbitral tribunal or fails to defend its case, the other
party may request the tribunal to continue the proceedings and to make
its award. Absence of a party or failure of a party to defend its case
shall not constitute a bar to the proceedings.
-
Article 11: The award shall be final and without appeal,
unless the parties to the dispute have agreed in advance to an appellate
procedure. It shall be complied with by the parties to the dispute.
-
Article 12: 1. Any controversy which may arise between the
parties to the dispute as regards the interpretation or manner of implementation
of the award may be submitted by either party for decision to the arbitral
tribunal which made the award. 2. Any such controversy may be submitted
to another court or tribunal under article 287 by agreement of all the
parties to the dispute.
ANNEX VIII. SPECIAL ARBITRATION:
-
Article 1: Subject to Part XV, any party to a dispute concerning
the interpretation or application of the articles of this Convention relating
to (1) fisheries, (2) protection and preservation of the marine environment,
(3) marine scientific research, or (4) navigation, including pollution
from vessels and by dumping may submit the dispute to the special arbitral
procedure provided for in this Annex …
-
Article 5: 1. The parties to a dispute concerning the interpretation
or application of the provisions of this Convention relating to (1) fisheries,
(2) protection and preservation of the marine environment, (3) marine scientific
research, or (4) navigation, including pollution from vessels and by dumping,
may at any time agree to request a special arbitral tribunal constituted
in accordance with article 3 of this Annex to carry out an inquiry and
establish the facts giving rise to the dispute. 2. Unless the parties otherwise
agree, the findings of fact of the special arbitral tribunal acting in
accordance with paragraph 1, shall be considered as conclusive as between
the parties. 3. If all the parties to the dispute so request, the special
arbitral tribunal may formulate recommendations which, without having the
force of a decision, shall only constitute the basis for a review by the
parties of the questions giving rise to the dispute.
|
| Convention
on the High Seas (1958) |
In
Force: 09.30.1962 |
Threats:13,
24 |
-
Article 2: The high seas being open to all nations, no State
may validly purport to subject any part of them to its sovereignty. Freedom
of the high seas is exercised under the conditions laid down by these articles
and by the other rules of international law. It comprises, inter alia,
both for coastal and non-coastal States: 1) Freedom of navigation; 2) Freedom
of fishing; 3) Freedom to lay submarine cables and pipelines; 4) Freedom
to fly over the high seas. These freedom, and others which are recognised
by the general principles of international law, shall be exercised by all
States with reasonable regard to the interests of other States in their
exercise of the freedom of the high seas.
-
Article 3: 1) In order to enjoy the freedom of the seas on
equal terms with coastal States, States having no sea-coast should have
free access to the sea… a) To the State having no sea-coast, on a basis
of reciprocity, free transit through their territory; and b) To ships flying
the flag of that State treatment equal to that accorded to their own ships,
or to the ships of any other States, as regards access to seaports and
the use of such ports.
-
Article 4: Every State, whether coastal or not, has the right
to sail ships under its flag on the high seas.
-
Article 6: 1) Ships shall sail under the flag of one State
only and, save in exceptional cases expressly provided for in international
treaties or in these articles, shall be subject to its exclusive jurisdiction
on the high seas. A ship may not change its flag during a voyage or while
in a port of call, save in the case of a real transfer of ownership or
change of registry. 2) A ship which sails under the flags of two or more
States,…, may not claim any of the nationalities in question with respect
to any other State, and may be assimilated to a ship without nationality.
-
Article 7: The provisions of the preceding articles do not
prejudice the question of ships employed on the official service of an
inter-governmental organization flying the flag of the organization.
-
Article 8: 1) Warships on the high seas have complete immunity
from the jurisdiction of any State other than the flag State.
-
Article 9: Ships owned or operated by a State and used only
on government noncommercial service shall, on the high seas, have complete
immunity from the jurisdiction of any State other than the flag State.
-
Article 11: 1) In the event of a collision or of any other
incident of navigation concerning a ship on the high seas, involving the
penal or disciplinary responsibility of the master or of any other person
in the service of the ship, no penal or disciplinary proceedings may be
instituted against such persons except before the judicial or administrative
authorities either of the flag State or of the State of which such person
is a national. 2) In disciplinary matters, the State which has issued a
master's certificate or a certificate of competence or license shall alone
be competent, after due legal process, to pronounce the withdrawal of such
certificates, even if the holder is not a national of the State which issued
them. 3) No arrest or detention of the ship, even as a measure of investigation,
shall be ordered by any authorities other than those of the flag State.
-
Article 24: Every State shall draw up regulations to prevent
pollution of the sea by the discharge of oil from ships or pipelines are
resulting from the exploitation of the seabed and its subsoil,…
-
Article 25: Every state shall take measures to prevent pollution
of the sea from the dumping of radio-active waste, taking into account
any standards and regulations which may be formulated by the competent
international organisations. 2) All States shall co-operate with the competent
international organisation in taking measures for the prevention of pollution
of the seas or air space above, resulting from any activities with radio-active
materials or other harmful agents.
-
Article 30: The provisions of this Convention shall not affect
conventions or other international agreements already in force, as between
States Parties to them.
|
| Convention
on Fishing and Conservation of the Living Resources of the High Seas (1958) |
In
Force: 03.20.1966 |
Threats:
12,
21,
22,
24,
30 |
-
Preamble:…has exposed some of these resources to the danger
of being exploited,
-
Article 1: all states have the right for their nationals
to engage in fishing on the high seas, subject a) to their treaty obligations,
b) to the interests and rights of coastal States as provided for in this
Convention, and c) to the provisions contained in the following articles…
-
Article 2: conservation programs should be formulated…to
securing…first place a supply of food for human consumption.
-
Article 3: for its own nationals, measures in that area when
necessary for the purpose of the conservation of the living resources affected…
-
Article 4: If the nationals of the two or more States are
engaged in fishing…enter into negotiations with a view to prescribing by
agreement for their nationals…
-
Article 5: if, subsequent to the adoption of the measures
referred to in articles 3 and 4,…the other states shall apply measures,
which shall not be discriminatory…to their own nationals no later than
seven months after the date on which the measures shall have been notified
to the Director-General of the Food and Agricultural Organization of the
United Nations.
-
Article 6: 2) A coastal state is entitled to take part on
an equal footing in any system of research and regulation…even though its
nationals do not carry on fishing there. 3) A State whose nationals are
engaged in fishing…adjacent to the territorial sea of a State shall, at
the request of that coastal State, enter into negotiations with a view
to prescribing by agreement the measures necessary for the conservation…
-
Article 8: 1) Any state which, even if its nationals are
not engaged in fishing in an area of the high seas not adjacent to its
coast, has a special interest in the conservation…may request the State
or States whose nationals are engaged in fishing there to take the necessary
measures of conservation under Article 3 and 4
-
Article 9: 1) Any dispute which may arise between States
under article 4, 5, 6, 7, and 8 shall, at the request of parties, be submitted
for settlement to a special commission of five members, unless the parties
agrees to seek a solution by another method of peaceful settlement, as
provided for in Article 33 (UN charter); 3) Any state party to proceeding…shall
have the right to name one of its nationals to the special commission,
with the right to participate fully…,but without the right to vote or take
part in writing of the commission’s decision; 7) Decisions of the commission
shall be by majority vote.
-
Article 11: The decisions of the special commission shall
be binding on the States concerned and the provisions of paragraph 2 of
Article 94 of the Charter of the United Nations shall be applicable to
those decisions.
-
Article 12: If the factual basis of the award of the special
commission is altered by substantial change…any of the States concerned
may request the other States to enter into negotiations…
-
Article 13: the regulation of fisheries conducted by means
of equipment embedded in the floor of the sea…may be undertaken by that
State where such fisheries have long been maintained and conducted by its
nationals, provided that non-nationals are permitted to participate…on
an equal footing…except in areas where such fisheries have by long usage
been exclusively enjoyed by such nationals. Such regulations will not,
however, affect the general status of the areas as high seas.
-
Article 14: …term "nationals" means fishing boats or craft
of any size having the nationality of the State concerned.
|
| Convention
on Long-Range Transboundary Air Pollution (1979) |
Force:
03.16.1983 |
Threats:8,
20,
23 |
-
Preamble: "Considering the…provisions of the Declaration
of the UN Conference on the Human Environment, and in particular principle
21, which expresses the common conviction that States have…the sovereign
right to exploit their own resources pursuant to their own environmental
policies, and the responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other
States or of areas beyond the limits of national jurisdiction."
-
Article 2: "The Contracting Parties…are determined to protect
man and his environment against air pollution and shall endeavor to limit,…gradually
reduce and prevent air pollution including long-range transboundary pollution."
-
Article 6: "…each Contracting Party undertakes to develop…air
quality management systems, and…control measures compatible with balanced
development, in particular by using the best available technology which
is economically feasible and low-and non-waste technology."
|
| Convention
on Wetlands of International Importance especially as Waterfowl Habitat
(1971) |
In
Force: 04.18.1987 |
Threats:
8,
19 |
-
Preamble: "Recognizing the interdependence of Man and his
environment;…Desiring to stem the progressive encroachment on and loss
of wetlands now and in the future;…Being Confident that the conservation
of wetlands and their flora and fauna can be ensured by combining far-sighted
national policies with coordinated international action;"
-
Article 2, Number 6: "Each Contracting Party shall consider
its international responsibilities for the conservation, management and
wise use of migratory stocks of waterfowl, both when designating entries
for the List and when exercising its right to change entries in the List
relating to wetlands within its territory."
-
Article 3, Number 2: "Each Contracting Party shall arrange
to
be informed at the earliest possible time if the ecological character of
any wetland in its territory and included in the List has changed, is changing
or is likely to change as the result of technological developments, pollution
or other human interference. Information on such changes shall be passed…to
the organization or government responsible for the continuing bureau duties
specified in Article 8 (International Union for Conservation of Nature
and Natural resources shall perform the continued bureau duties)."
-
Article 4: "Each Contracting Party shall…establish nature
reserves on wetlands…and provide adequately for their warning."
-
Article 9: "Any member of the United Nations or of one of
the Specialized Agencies or of the International Atomic Energy Agency or
Party to the Stature of the International Court of Justice may become a
Party to this Convention."
|
| International
Convention for the Prevention of Pollution of the Sea by Oil (1954 as amended
on 1962 and 1969) |
In Force:
12.08.1961 |
Threats:10,
12,
31 |
-
Article II: 1) The present Convention shall apply to ships
registered in any of the territories of a Contracting Government and to
unregistered ships having the nationality of a Contracting Party, except:
a) a tanker of under 150 tons gross tonnage and other ships of under 500
tons gross tonnage…b) ships…engaged in the whaling industry…; c) ships…navigating
the Great Lakes of North American and their connecting and tributary waters
as far east as the lower exit of St. Lambert Lock at Montreal…; d) naval
ships and ships…used as naval auxiliaries.
-
Article III: a) the discharge from a ship…applies, other
than a tanker, of oil or oil mixture shall be prohibited except when the
following conditions are all satisfied: I) the ship is proceeding en route;
ii) the instantaneous rate of discharge of oil content does not exceed
60 liters per mile; iii) the oil content of the discharge is less than
100 parts per 1,000,000 parts of mixture; iv) the discharge is made as
far as practicable from land. b) the discharge from a tanker to which the
present Convention applies of oil or oily mixture shall be prohibited except
when the following conditions are all satisfied: I) the tanker is proceeding
en route; ii) the instantaneous rate of discharge of oil content does not
exceed 60 liters per mile; iii) the total quantity of oil discharged on
a ballast voyage does not exceed 1/15,000 of the total cargo-carrying capacity;
iv) the tanker is more than 50 miles from the nearest land; c) the provisions
of sub-paragraph (b) of this Article shall not apply to: i) the discharge
of ballast from a cargo tank which, since the cargo was last carried therein,
has been so cleaned that any effluent therefrom, if it were discharged
from a stationary tanker into clean calm water on a clear day, would produce
no visible traces of oil on the surface of the water; or ii) the discharge
of oil or oily mixture from machinery space bilges, which shall be governed
by the provisions of sub-paragraph (a) of this Article.
-
Article IV: Article III shall not apply to: a) the discharge
of oil or of oily mixture from a ship for the purpose of securing the safety
of a ship, preventing damage to a ship or cargo, or saving life at sea;
b) the escape of oil or of oily mixture resulting from damage to a ship
or unavoidable leakage, if all reasonable precautions have been taken after
the occurrence of the damage or discovery of the leakage for the purpose
of preventing or minimizing the escape.
-
Article V: Article III shall not apply to the discharge of
oily mixture from the bilges of a ship during the period of twelve months
following the date on which the present Convention comes into force for
the relevant territory in accordance with paragraph (1) of Article II.
-
Article VI: 1) Any contravention of Articles III and IX shall
be an offense punishable under the law of the relevant territory in respect
of the ship in accordance with paragraph (1) of Article II. 2) The penalties
which may be imposed under the law of any of the territories of a Contracting
Government in respect of the unlawful discharge from a ship of oil or oily
mixture outside the territorial sea of that territory shall be adequate
in severity to discourage any such unlawful discharge and shall not be
less than the penalties which may be imposed under the law of that territory
in respect of the same infringements within the territorial sea. 3) Each
Contracting Government shall report to the Organization the penalties actually
imposed for each infringement.
-
Article X: 1) Any Contracting Government may furnish to the
Government of the relevant territory in respect of the ship in accordance
with paragraph (1) of Article II particulars in writing of evidence that
any provision of the present Convention has been contravened in respect
of that ship, wheresoever the alleged contravention may have taken place.
If it is practicable to do so, the competent authorities of the former
Government shall notify the master of the ship of the alleged contravention.
2) Upon receiving such particulars, the Government so informed shall investigate
the matter, and may request the other Government to furnish further or
better particulars of the alleged contravention. If the Government so informed
is satisfied that sufficient evidence is available in the form required
by its law to enable proceedings against the owner or master of the ship
to be taken in respect of the alleged contravention, it shall cause such
proceedings to be taken as soon as possible. The Government shall promptly
inform the Government whose official has reported the alleged contravention,
as well as the Organization, of the action taken as a consequence of the
information communicated.
-
Article XI: Nothing in the present Convention shall be construed
as derogating from the powers of any Contracting Government to take measures
within its jurisdiction in respect of any matter to which the Convention
relates or as extending the jurisdiction of any Contracting Government.
-
Article XIII: Any dispute between Contracting Governments
relating to the interpretation or application of the present Convention
which cannot be settled by negotiation shall be referred at the request
of either party to the International Court of Justice for decision unless
the parties in dispute agree to submit it to arbitration.
-
Article XIX: 1) In case of war or other hostilities, a Contracting
Government which considers that it is affected…may suspend the operation
of the whole or any part of the present Convention in respect of all or
any of its territories. The suspending Government shall immediately give
notice of any such suspension to the Bureau.
|
| International
Convention to Combat Desertification in Countries Experiencing Serious
Drought and/or Desertification, Particularly in Africa (1994) |
In Force: 12.26.1996 |
Threats:10,
12,
13,
15,
18,
23 |
-
Preamble: Recognizing the validity and relevance of decisions
adopted at the United Nations Conference on Environment and Development,
particularly of Agenda 21 and its chapter 12…, Reaffirming…the commitments
of developed countries as contained in paragraph 13 of chapter 33 of Agenda
21, Recalling General Assembly resolution 47/188,… Reaffirming the Rio
Declaration on Environment and Development which states, in its Principle
2, that States have….the sovereign right to exploit their own resources
pursuant to their environmental and developmental policies, and the responsibility
to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other states or of areas beyond the limits
of national jurisdiction.
-
Part II Article 4: 2) In pursuing the objective of this Convention,
the Parties shall: a) adopt an integrated approach addressing the physical,
biological and socio-economic aspects of the processes of desertification
and drought; b) give due attention, within the relevant international and
regional bodies, to the situation of affected developing country Parties
with regard to international trade, marketing arrangements and debt with
a view to establishing an enabling international economic environment conducive
to the promotion of sustainable development; c) integrate strategies for
poverty eradication into efforts to combat desertification and mitigate
the effects of drought; d) promote cooperation among affected country Parties…;
e) strengthen subregional, regional and international cooperation; f) cooperate
within relevant intergovernmental organizations; g) determine institutional
mechanisms…; and h) promote the use of existing bilateral and multilateral
financial mechanisms and... 3) Affected developing country Parties are
eligible for assistance...
-
Article 5:…Parties undertake to: a) give…priority to combating
desertification and mitigating the effects of drought,…; b) establish strategies
and priorities, within the framework of sustainable development plans and/or
policies, to combat desertification and mitigate the effects of drought;
c) address the underlying causes of desertification and pay special attention
to the socio-economic factors contributing to desertification processes;
d) promote awareness and facilitate the participation of local populations…;
and e) provide an enabling environment by strengthening, as appropriate,
relevant existing legislation and, where they do not exist, enacting new
laws and establishing long-term policies and action programs.
-
Article 6: In addition…developed country Parties undertake
to: a) actively support,…the efforts of affected developing country Parties…;
b) provide substantial financial resources and other forms of support to
assist affected developing country Parties…; c) promote the mobilization
of new and additional funding pursuant to article 20, paragraph 2 (b);
d) encourage the mobilization of funding from the private sector and other
non-governmental sources; and e) promote and facilitate access by affected
country Parties, particularly affected developing country Parties, to appropriate
technology, knowledge and know-how.
-
Article 28: 1) Parties shall settle any dispute between them
concerning the interpretation or application of the Convention through
negotiation or other peaceful means of their own choice. 2) When ratifying,
accepting, approving, or acceding to the Convention, or at any time thereafter,
a Party which is not a regional economic integration organization may declare
in a written instrument submitted to the Depositary that, in respect of
any dispute concerning the interpretation or application of the Convention,
it recognizes one or both of the following means of dispute settlement
as compulsory in relation to any Party accepting the same obligation: a)
arbitration in accordance with procedures adopted by the Conference of
the Parties in an annex as soon as practicable; b) submission of the dispute
to the International Court of Justice. 3) A Party which is a regional economic
integration organization may make a declaration with like effect in relation
to arbitration in accordance with the procedure referred to in paragraph
2 (a). 4) A declaration made pursuant to paragraph 2 shall remain in force
until it expires in accordance with its terms or until three months after
written notice of its revocation has been deposited with the Depositary.
5) The expiry of a declaration, a notice of revocation or a new declaration
shall not in any way affect proceedings pending before an arbitral tribunal
or the International Court of Justice unless the Parties to the dispute
otherwise agree. 6) If the Parties to a dispute have not accepted the same
or any procedure pursuant to paragraph 2 and if they have not been able
to settle their dispute within twelve months following notification by
one Party to another that a dispute exists between them, the dispute shall
be submitted to conciliation at the request of any Party to the dispute,
in accordance with procedures adopted by the Conference of the Parties
in an annex as soon as practicable.
|
| International
Tropical Timber Agreement (1983) |
In Force: 04.01.1985 |
Threats:15,
17 |
-
Chapter 1 Article 1 (a ) To provide an effective framework
for cooperation and consultation between tropical timber producing and
consuming members with regard to all relevant aspects of the tropical timber
economy:
-
Article 5: "having responsibilities in respect of the negotiation,
conclusion and application of international agreements, in particular commodity
agreements."
-
Article 14, 1. "The Council shall make whatever arrangements
are appropriate for consultation or co-operation with the United Nations
and its organs, such as the United Nations Conference on Trade and Development
(UNCTAD)," (UNIDO), (UNEP), (UNDP), (FAO), and UNCTAD/GATT (ITC).
-
Chapter VII Article 23: The Council shall examine all project
proposals in the fields of research and development….[these] Research and
development projects should relate to at least one of the following five
areas: (a) Wood utilization, (b) Natural forest development, (c) Reforestation,
(d) development, (e) Harvesting, (f) Institutional framework, national
planning
-
Article 24: Establishment of (b) Committee on Reforestation
and Forest Management;
-
Article 25: Function of the Committee: 2. "The Committee
on Reforestation and Forest Management shall: (a) Keep under regular review
the support and assistance being provided at a national and international
level for reforestation management for the production of industrial;, (b)Encourage
the increase of technical assistance to national programs for reforestation
and forest management; (c)Assess the requirements and identify all possible
sources of financing for reforestation and forest management; (d)Review
regular future needs of international trade…; (e)Facilitate transfer of
knowledge…; Co-ordinate and harmonize these activities for co-operation
in the field of reforestation and forest management with the relevant activities
pursued elsewhere, such as those under FAO, UNEP, the World Bank, regional
banks and other competent organizations.
|
| International
Tropical Timber Agreement (1994) |
In Force: 01.01.1997 |
Threats: 15,
17 |
-
Article 31: Any complaint that a member has failed to fulfill
its obligations under this Agreement and any dispute concerning the interpretation
or application of this Agreement shall be referred to the Council for decision.
Decisions of the Council on these matters shall be final and binding.
-
Article 32: 1) Members shall…use their best endeavours and
cooperate to promote the attainment of its objectives and to avoid any
action contrary thereto. 2) Members undertake to accept and carry out the
decisions of the Council under the provisions of this Agreement and shall
refrain from implementing measures which would have the effect of limiting
or running counter to them.
-
Article 33: 1) Where it is necessary on account of exceptional
circumstances or emergency or force majeure not expressly provided for
in this Agreement, the Council may, by special vote, relieve a member of
an obligation under this Agreement if it is satisfied by an explanation
from that member regarding the reasons why the obligation cannot be met.
2) The Council, in granting relief to a member under paragraph 1 of this
article, shall state explicitly the terms and conditions on which, and
the period for which, the member is relieved of such obligation, and the
reasons for which the relief is granted.
-
Article 34: 1) Developing importing members whose interests
are adversely affected by measures taken under this Agreement may apply
to the Council for appropriate differential and remedial measures. The
Council shall consider taking appropriate measures in accordance with section
III, paragraphs 3 and 4, of resolution 93 (IV) of the United Nations Conference
on Trade and Development. 2) Members in the category of least developed
countries as defined by the United Nations may apply to the Council for
special measures in accordance with section III, paragraph 4, of resolution
93 (IV) and with paragraphs 56 and 57 of the Paris Declaration and Programme
of Action for the Least Developed Countries for the 1990s.
-
Article 36: Nothing in this Agreement authorizes the use
of measures to restrict or ban international trade in, and in particular
as they concern imports of and utilization of, timber and timber products.
|
| Protocol
of 1978 Relating to the International Convention for the Prevention of
Pollution from Ships 1973 (1978) |
In
Force: 10.02.1983 |
Threats:
10,
13,
22 |
-
Article VII (Denunciation): 1) The present Protocol may be
denounced by any Party to the present Protocol at any time after the expire
of five years from the date on which the Protocol enters into force for
that Party
-
International Convention for the Prevention of Pollution
from Ships, 1973
-
Preamble: recognizing that deliberate, negligent or accidental
release of oil and other harmful substances from ships constitutes a serious
source of pollution.
-
Article 1 (General Obligation under the convention): constitutes
at the same time a reference to its Protocol and to the Annexes.
-
Article 3 (application): 2) shall be construed as derogating
from or extending the sovereign rights of the Parties under international
law over the sea-bed and subsoil thereof adjacent to their coasts for the
purpose of exploration and exploitation of their natural resources. 3)
Shall not apply to any warships, naval auxiliary or other ship owed or
operated by a State and used, for the time being only on government non-commercial
service...
-
Article 4 (Violation): 1) ...violations...prohibited and
sanctions shall be established therefor under the law of the Administration
of the ship concerned wherever the violation occurs. 2) Whenever and violations
occurs, the Party shall either: a) cause proceedings to be taken in accordance
with its law; or b) furnish to the Administration of the ship such information
and evidence as may be in its possessions that a violation has occurred.4)
The penalties specified under the law of a Party pursuant to the present
Article shall be adequate in severity to discharge violations of the present
Convention and shall be equally severe irrespective of where the violations
occur.
-
Article 5 (certificates and special rules on inspection of
ships) 2). ...or if the ship does not carry a valid certificate
the Party carrying out the inspection shall take such steps as will ensure
that presenting an unreasonable threat of harm to the marine environment.
3) If a party denies a foreign ship entry...the Party shall immediately
inform the consul or diplomatic representative of the Party whose flag
the ship is entitled to fly, or if this is not possible, the Administration
of the ship concerned.
-
Article 6 (Detection of violation and enforcement of the
Convention): 2) ...in any port or off-shore terminal of a Party, be subject
to inspection by officers appointed or authorized by that Party for the
purpose of verifying whether the discharged any harmful substances...
-
Article 7 (Undue delay to ships): 2) when a ship is unduly
detained or delayed under Article 4, 5, 6 of the present Convention, it
shall be entitled to compensation for any loss or damage suffered.
-
Article 9 (other treaties and interpretation): 1) upon its
entry into force, the present Convention supersedes the International Convention
for the Prevention of the Sea by Oil, 1954... 3) the term "jurisdiction"
...shall be construed in the light of international law in force at the
time of application or interpretation of the present Convention.
-
Article 10 (settlement of disputes) ...if the settlement
by negotiation between the Parties involved has not been possible, and
if these Parties do no otherwise agree, be submitted upon request of any
of them to arbitration as set out in Protocol II.
|
| Protocol
to the 1979 Convention on Long-Range Transboundary Air Pollution Concerning
the Control of Emissions of Nitrogen Oxides or Their Transboundary Fluxes
(1988) |
In Force: 2.14.1991 |
Threats:2,
20 |
-
Article 2: 1) the Parties shall…take effective measures to
control and/or reduce their national annual emissions of nitrogen oxides
or their transboundary fluxes so that these, at the latest by 31 December
1994, do not exceed their national annual emissions of nitrogen oxides
or transboundary fluxes of such emissions for the calendar year 1987 or
any previous year to be specified upon signature of, or accession to, the
Protocol, provided that in addition, with respect to any Party specifying
such a previous year, its national average annual transboundary fluxes
or national average annual emissions of nitrogen oxides for the period
from 1 January 1987 to 1 January 1996 do not exceed its transboundary fluxes
or national emissions for the calendar year 1987. 2) …the Parties…no later
than two years after the date of entry into force…: a) apply national emissions
standards to major new stationary sources and/or source categories, and
to substantially modified stationary sources in major source categories,
based on the best available technologies which are economically feasible,
taking into consideration the Technical Annex; b) apply national emission
standards to new mobile sources in all major source categories based on
the best available technologies which are economically feasible, taking
into consideration the Technical Annex and the relevant decisions taken
within the framework of the Inland Transport Committee of the Commission;
and c) Introduce pollution control measures for major existing stationary
sources, taking into consideration the Technical Annex and the characteristics
of the plant, its age and its rate of utilization and the need to avoid
undue operational disruption. 3) a) The parties shall…no later than six
months after the date of entry into force…reduce national annual emissions
of nitrogen oxides or transboundary fluxes of such emissions… b) …the Parties
shall co-operate in order to establish: I) critical loads; ii) reductions
in national annual emissions of nitrogen oxides or transboundary fluxes
of such emissions as required to achieve agreed objectives based on critical
loads;…
-
Article 4: The Parties shall…make unleaded fuel sufficiently
available…to facilitate the circulation of vehicles equipped with catalytic
converters.
-
Article 12: If a dispute arises between two or more Parties
as to the interpretation or application of the present Protocol, they shall
seek a solution by negotiation or by any other method of dispute settlement
acceptable to the parties to the dispute.
-
Article 13: 2) In matters within their competence, such regional
economic integration organization shall…exercise the rights and fulfil
the responsibilities which the present Protocol attributes to their member
States. In such cases, the member States of these organizations shall not
be entitled to exercise such right individually.
|
| The
Antarctic Treaty (1959) |
In
Force: 06.23.1961 |
Threats:5 |
-
Preamble: …it is in the interest of all mankind that Antarctica
shall continue forever to be used exclusively for peaceful purpose and
shall not become the scene or object of international discord;
-
Article 1: 1) Antarctica shall be used for peaceful purpose
only. There shall be prohibited, inter alia, any measure of a military
nature, such as the establishment of military bases and fortifications
the carrying out of military maneuvers, as well as testing of any types
of weapons. 2) The…treaty shall not prevent the use of military personnel
or equipment for scientific research or for any other peaceful purpose.
-
Article IV: 1) Nothing contained in the present Treaty shall
be interpreted as: a) a renunciation by an Contracting Party of previously
asserted rights of or claims to territorial sovereignty in Antarctica;
b) a renunciation or diminution by an Contracting Party of any basis of
claim to territorial sovereignty in Antarctica which it may have whether
as a result of its activities or those of its nationals in Antarctica…c)
prejudicing the position…as regards its recognition or non-recognition
of any other State’s right of or claim or basis of claim to territorial
sovereignty in Antarctica.
-
Article V: Any nuclear explosions in Antarctica and
the disposal there of radioactive waste material shall be prohibited.
-
Article VI: The provisions…shall apply to the area south
of 60º South Latitude, including all
ice shelves, but nothing…shall prejudice or in any way affect the rights,
or the exercise of the rights, of any State under international law with
regard to the high seas within that area.
-
Article VII: 1) in order to promote the objectives and ensure
the observance of the provisions…each…representatives entitled to participate
in the meetings…have the right to designate observers to carry out any
inspection…2) each observer…shall have complete freedom to access
at any time to any or all areas of Antarctica. 4) Aerial observation may
be carried out at any time over any or all areas of Antarctica by any of
the Contracting Parties…
-
Article XI: 1) If any dispute arises between two or more…Parties
concerning the interpretation or application of the present Treaty, those…Parties
shall consult among themselves, with a view to having the dispute resolved
by negotiation, inquiry, mediation, conciliation, arbitration, judicial
settlement or other peaceful means of their own choice. 2) Any dispute
of this character not resolved …with the consent,…of all parties to the
dispute, be referred to the International Court of Justice for settlement;
but failure to reach agreement or reference to the International Court
shall not absolve parties to the dispute from the responsibility of continuing
to seek to resolve it by any of the various peaceful means referred to
in paragraph 1 of this Article.
|
| Convention
on Civil Liability for Damage Resulting from Activities Dangerous to the
Environment (1993) |
Not in Force:
Signed by nine European countries. (none of them ratified) |
Threat:2,
3,
5,
8,
9,
22,
23,
28 |
-
Preamble: "..emissions released in one country may cause
damage in another country and that…the problems of adequate compensation…are
also of an international nature"
-
Preamble: "Having noted Principle 13 of the 1992 Rio Declaration
on Environment and Development, according to which "States shall develop
national law regarding liability and compensation for the victims of pollution
and other environmental damage; they shall also co-operate in an expeditious
and more determined manner to develop further international law regarding
liability and compensation for adverse effects of environmental damage
caused by activities within their jurisdiction or control to areas beyond
their jurisdiction."
-
Article 2: Definitions: 10: "Environment includes: natural
resources both biotic and biotic, such as air, water, soil, fauna and flora
and the interaction between the same factors; property which forms part
of the cultural heritage; and the characteristic aspect of the landscape."
-
Article 6 and 7 (all) deals with Liability: : example: "If
an incident consists of a continuous occurrence, all operators successively
exercising the control of the dangerous activity during the occurrence
shall be jointly and severally liable."
-
Article 8: Exemptions: "(a) was caused by an act of war,
hostilities, civil war, insurrection or a natural phenomenon of an exception,
inevitable and irresistible character."
-
Article 14: 1: "Any person shall, at his request and without
his having to prove an interest, have access to information relating to
the environment held by public authorities."
-
Article 15: "On the same terms…as those set out in Article
14 any person shall have access to information relating to the environment
held by bodies with public responsibilities for the environment and under
the control of a public authority. Access shall be given via the competent
public administration or directly by the bodies themselves."
-
Article 18: Requests by Organizations: 1. "Any association
or foundation which according to its statures aims at the protection of
the environment and which complies with any further conditions of international
law of the Party where the request is submitted may request: a) the prohibition
of a dangerous activity which is unlawful and poses a grave threat to the
environment; b) that the operator be ordered to take measures to prevent
an incident or damage; c) that the operator be ordered to take measures…to
prevent damage;"
-
Article 23: Recognition and Enforcement: 1. "Any decision
given by a court with jurisdiction in accordance with Article 19 above
where it is no longer subject to ordinary forms of review, shall be recognized
in any Party…2. A decision which is enforceable in the Party of origin
shall be enforceable in each Party as soon as the formalities required
by that Party have been completed.
-
Chapter VI: Standing Committee, Article 26: The Standing
Committee: 1. "For the purposes of this Convention, a Standing Committee
is hereby set up…7. The Standing Committee shall be convened by the Secretary
General of the Council of Europe. It shall meet whenever one-third of the
Parties or the Committee of Ministers of the Council of Europe so request."
Article 27-Functions of the Standing Committee: "The Standing Committee
shall keep under review problems relating to this Convention…a) consider
any question of a general nature referred to it concerning interpretation
or implementation of the Convention. The Standing Committee’s conclusions
concerning implementation of the Convention may take the form of a recommendation:"
-
Article 34: Territories: 1. "Any Signatory may…specify the
territory or territories to which this Convention shall apply."
|
| International
Convention on Oil Pollution Preparedness, Response and Co-operation (1990) |
In
force: 05.13.1995 |
Threats:10 |
-
Preamble: Taking account of the "polluter pays" principle
as a general principle of international environmental law, taking account
also of the importance of international instruments or liability and compensation
for oil pollution damage, including the 1969 International Convention on
Civil Liability for Oil Pollution Damage (CLC); and the 1971 International
Convention on the Establishment of an International Fund for Compensation
for Oil Pollution Damage (FUND);…
-
Article 1: 1) Parties undertake,…all appropriate measures…to
prepare for and respond to an oil pollution incident. 3) This Convention
shall not apply to any warships, naval auxiliary or other ship owned or
operated by a State and used,…only on government non-commercial service.However,
each party shall ensure by the adoption of appropriate measures not impairing
the operations or…capabilities of such ships…so far as is reasonable and
practicable, with this Convention.
-
Article 3: 1) a) Each Party shall require that ships…have
on board a shipboard oil pollution emergency plan as required by…the Organization
(International Maritime Organization) 2) Each Party shall require that
operators of offshore units…have oil pollution emergency plan, which are
co-ordinated with the national system… 3) Each Party shall require authorities…in
charge of such sea ports and oil handling facilities…have oil pollution
emergency plan or similar arrangements which are co-ordinated with the
national system…
-
Article 4: 1) a) …require…to report without delay any event
on their ship or offshore unit involving a discharge or probable discharge
of oil: I) …ship, to the nearest coastal state; ii) …offshore unit, to
the coastal State to whose jurisdiction that unit is subject; b) require…to
report…any observed event at the sea involving discharge of oil or the
presence of oil: I) …ship, nearest coast State; ii) …offshore unit, to
the coastal State to whose jurisdiction the unit is subject; c) require…to
report…any event involving a discharge of oil or probable discharge of
oil or the presence of oil to the competent national authority; d) instruct…appropriate
services…to report…any observed event at sea or at a sea port or oil handling
facility involving discharge of oil or the presence…to the competent authority
or,…to the nearest coastal State; e) request the pilots of civil aircraft
to report…observed event at sea involving discharge of oil or the
presence…to the coastal State.
-
Article 5: 1) Whenever a Party receives a report…it shall:
a) assess the event to determine whether its is an oil pollution incident;
b) assess the nature, extent and possible consequences of the oil pollution
incident; and c)…inform all States whose interests are affected or likely
to be affected… 3) When the severity of such oil pollution incident so
justifies, other States affected by it are urged to inform the Organization…or…through
regional organizations or arrangements of their assessment of the extent
of the threat to their interests any action taken or intended. 4) Parties
should use…reporting system developed by the Organization… (annex …contained
in the Manual on Oil Pollution, section II - Contingency Planning, appendix
2…)
-
Article 6: Each party shall establish a national system for
responding promptly and effectively to oil pollution incidents. The system
shall include a minimum: a) the designation of: I)…competent national authority…ii)
the national operational contact point…iii) an authority which is entitled
to act on behalf of the State… b) a national contingency plan…which includes
the organizational relationship of the various bodies involved…taking into
account guidelines developed by the Organization. 2) In addition, each
Party…shall establish: a) a minimum level of pre-positioned oil spill combating
equipment; b) a program of exercise for oil pollution…c) detailed plans
of exercises for oil pollution…d) a mechanism or arrangement to co-ordinate
the response to an oil pollution incident…
-
Article 11: Nothing in this Convention shall be construed
as altering the rights or obligations of any Party under any other convention
or international agreement.
|
| Convention
on the Transboundary Effects of Industrial Accidents (1992) |
Not
in force |
Threats:11,
20,
23 |
-
Preamble: …the sovereign right to exploit their own resources
pursuant to their own environmental policies, and the responsibility to
ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits
of national jurisdiction, Taking account of the polluter pays principle
as a general principle of international environmental law, Underlining
the principle of international law and custom, in particular the principles
of good-neighborliness, reciprocity, non-discrimination and good faith,
-
Article 2: 1) …shall apply to the prevention of, preparedness
for and response to industrial accidents capable of causing transboundary
effects, including the effects of such accidents caused by natural disasters,
and to international co-operation concerning mutual assistance, research
and development, exchange of information and exchange of technology in
the area of prevention of, preparedness for and response to industrial
accidents. 2) …shall not apply to: a) nuclear accidents or emergencies;
b) accidents at military installations; c) dam failures, with the exception
of the effects of industrial accidents caused by such failures; d) land-based
transport accidents with the exception of: I) emergency response to such
accidents; ii) transportation on the site of the hazardous activity; e)
accidental release of genetically modified organism; f) accidents caused
by activities in the marine environment including seabed exploration or
exploitation; g) spills of oil or other harmful substances at sea.
-
Article 3: 1) The Parties shall…take…measures…to protect
human beings and the environment against industrial accidents,…by reducing
their frequency and severity and by mitigating their effects. 2) The Parties
shall…develop and implement policies and strategies for reducing the risk
of industrial accidents and improving preventive preparedness and response
measures… 3) The Parties shall ensure that operators is obliged to take
all measures necessary for the safe performance of the hazardous activity
and for the prevention of industrial accidents. 5) The provisions of this
Convention shall not prejudice any obligations of the Parties under international
law with regard to industrial accidents and hazardous activities.
-
Article 4: 1) For the purpose of undertaking preventive measures
and setting up preparedness measures, the Party of origin shall take measures…to
identify hazardous activities within its jurisdiction and to ensure that
affected Parties are notified of any such proposed or existing activity.
2) Parties concerned shall…enter into discussions on the identification
of those hazardous activities…capable of causing transboundary activity.
If the Parties concerned do not agree…submit that question to an inquiry
commission…
-
Article 5: Parties concerned should…enter into discussion
on whether to treat an activity no covered by Annex I as a hazardous activity.
Upon mutual agreement, they may use an advisory mechanism of their choice,
or an inquiry commission in accordance with Annex II, to advise them.
-
Article 7: ….the Party of origin shall…seek the establishment
of policies on the siting of new hazardous activities. …the affected Parties
shall seek the establishment of policies on significant developments in
areas which could be affected by transboundary effects on an industrial
accident arising out of a hazardous activity so as to minimize the risks
involved.
-
Article 8: 1) The Parties shall…maintain…emergency preparedness
to respond to industrial accidents. …. In particular, the Parties concerned
shall inform each other of their contingency plans. 2) The Parties of origin
shall ensure…preparation and implementation of on-site contingency plans,
including…measures for response and other measures to prevent and minimize
transboundary effects.
-
Article 9: 1) The Parties shall ensure that adequate information
is given to the public in the areas capable of being affected by an industrial
accident… 2) The Party of origin shall…give the public in the areas capable
of being affected an opportunity to participate in relevant procedure…
3) The Parties shall, in accordance with their legal systems and, if desired,
on a reciprocal basis provide natural and legal persons who are being or
are capable of being adversely affected by the transboundary effects of
an industrial accident in the territory of a Party, with access to, and
treatment in the relevant administrative and judicial proceedings, including
the possibilities of starting a legal action and appealing a decision affecting
their rights, equivalent to those available to persons within their own
jurisdiction.
-
Article 10: 1) The Parties shall…provide for the establishment
and operation of compatible and efficient industrial accident notification
systems at appropriate levels. 2) In the event of an industrial accident,
or imminent threat thereof, which causes or is capable of causing transboundary
effects, the Party of origin shall ensure that affected Parties are without
delay, notified at appropriate levels through the industrial accident notification
systems. … 3) The Parties concerned shall ensure that…the contingency plans
prepared in accordance with Article 8 are activated as soon as possible
and to the extent appropriate to the circumstances.
-
Article 11: 1) The Parties shall ensure that…adequate response
measures are taken,…to contain and minimize effects. 2) In the event of
an industrial accident…capable of causing transboundary effects, the parties
concerned shall ensure that the effects are assessed…for the purpose of
taking adequate response measures. …
-
Article 17: 1) Each Party shall designate or establish one
or more competent authorities for the purposes of this Convention. 2) Without
prejudice to other arrangements at the bilateral or multilateral level,
each Party shall designate or establish one point of contact for the purpose
of industrial accident the purpose of mutual assistance pursuant to Article
12. 3) Each Party shall, within the three months of the date of entry into
force of this Convention for that Party, inform the other Parties, through
the secretariat referred to in Article 20, which body or bodies it has
designated as its point(s) of contact and as its competent authority or
authorities.
-
Article 21: 1) If a dispute arises between two or more Parties
about the interpretation or application of this Convention, they shall
seek a solution by negotiation or by any other method of dispute settlement
acceptable to the parties to the dispute. 2) When signing, ratifying, accepting,
approving or acceding to this Convention, or at any time thereafter, a
Party may declare in writing to the Depositary that, for a dispute not
resolved in accordance with paragraph 1 of this Article, it accepts one
or both of the following means of dispute settlement as compulsory in relation
to any Party accepting the same obligation: a) submission of the dispute
to the International Court of Justice; b) arbitration in accordance with
the procedure set out in Annex XIII hereto. 3) If the parties to the dispute
have accepted both means of dispute settlement referred to in paragraph
2 of this Article, the dispute may be submitted only to the International
Court of Justice, unless the parties to the dispute agree otherwise.
-
Article 22: 1) The provisions of this Convention shall not
affect the rights or the obligations of Parties in accordance with their
national laws, regulations, administrative provisions or accepted legal
practices and applicable international regulations to protect information
related to personal data, industrial and commercial secrecy, including
intellectual property, or national security. 2) If a Party nevertheless
decides to apply such protected information to another Party, this Party
receiving such protected information shall respect the confidentiality
of the information received and the conditions under which it is supplied,
and shall only use that information for the purpose for which it was supplied.
-
Annex XIII: 1) the claimant Party or Parties shall notify
the secretariat that the Parties have agreed to submit the dispute
to arbitration pursuant to Article 21, paragraph 2 of this Convention.
The notification shall state the subject-matter of arbitration and include,
in particular the Articles of this Convention, the interpretation or application
of which is at issue. The secretariat shall forward the information received
to all Parties to this Convention. 5) The arbitral tribunal shall render
its decision in accordance with international law and in accordance with
the provision of this Convention. 6) any arbitral tribunal constituted
under the provisions set out herein shall draw up its own rules of procedure.
8) The tribunal may take all appropriate measure to establish the facts.
11) The arbitral tribunal may…recommend interim measures of protection.
12) If one of the parties to the dispute does not appear before the arbitral
tribunal or fails to defend its case, the other party may request the tribunal
or continue the proceedings and to render its final decision. Absence of
a party or failure of a party to defend its case shall not constitute a
bar to the proceedings and to render its final decision. Absence of a party
or failure of a party to defend its case shall not constitute a bar to
the proceedings. 13) The arbitral tribunal may hear and determine counter-claims
arising directly out of the subject-matter of the dispute. 14) Unless the
arbitral tribunal determines otherwise because of the particular circumstances
of the case, the expenses of the tribunal, including the renumeration of
its members, shall be borne equally by the parties to the dispute. The
tribunal shall keep a record of all its expenses and shall furnish a final
settlement thereof to the parties to the dispute. 15) Any Party to this
Convention which ahs an interest of a legal nature in the subject-matter
of the dispute and which may be affected by a decision in the case, may
intervene in the proceedings with the consent of the tribunal. 16) The
arbitral tribunal shall render its award within five months of the date
on which it is established unless it finds it necessary to extend the time-limit
for a period which should not exceed five months. 17) The award of the
arbitral tribunal shall be accompanied by a statement of reasons. It shall
be final and binding upon all parties to the dispute. The award will be
transmitted by the arbitral tribunal to the parties to the dispute and
to the secretariat. The secretariat will forward the information received
to all Parties to this Convention. 18) Any dispute which may arise between
the parties concerning the interpretation or execution of the award may
be submitted by either party to the arbitral tribunal which made the award
or, if the latter cannot be seized thereof, to another tribunal constituted
for this purpose in the same manner as the first.
|
| Convention
for the Prevention of Marine Pollution from Land-Based Sources (1974) |
In
Force: 06.05.1978
14 European countries and EC |
Threat:22 |
-
Article 1: 1) The Contracting Parties pledge themselves to
take all possible steps to prevent pollution of the sea… 2) The Contracting
parties…shall adopt… measures to combat marine pollution from land-based
sources…
-
Article 2: the present convention shall apply to the maritime
area within the following limits: a) those parts of the Atlantic and Arctic
Oceans and the dependent seas which lie north of 36 deg. North latitude
and between 42 deg. West longitude and 51 deg east longitude, but excluding:
I) the Baltic Sea and Belts lying to the south and east of lines drawn
from Hasenore Head to Gniben Point, from Korshage to Spodsbjerg and from
Gilbjerg Head to Kullen and ii) the Mediterranean Sea and its dependent
seas as far as the point of intersection of the parallel of 36 deg. north
latitude and the meridian of 5 deg. 36' west longitude; (b) that part of
the Atlantic Ocean north of 59 deg. north latitude and between 44 deg.
west longitude and 42 deg. west longitude.
-
Article 5: 1) The Contracting Parties undertake to adopt
measures to forestall and…eliminate pollution of the maritime area from
land-based sources by radioactive substances… 2) Without prejudice to their
obligations under other treaties and conventions,… Contracting Parties
shall: a) take full account of the recommendations of the appropriate international
organisation and agencies; b) take account of the monitoring procedure
recommended by international organisations and agencies; c) co-ordinate
their monitoring and study of radioactive substances in accordance with
Article 10 and 11…
-
Article 9: 1)When pollution from land-based sources originating
from the territory of a Contracting Party by substances not listed in Part
I of Annex A to the present convention is likely to prejudice the interests
of one or more of the other parties to the present convention, the Contracting
Parties concerned undertake to enter into consultation, at the request
of any one of them, with a view to negotiating a cooperation agreement.
2) At the request of any Contracting Party concerned, the Commission referred
to in Article 15 of the present convention shall consider the question
and may make recommendations with a view to reaching a satisfactory solution.
3) The special agreements specified in paragraph 1 of this Article may,
among other things, define the areas to which they shall apply, the quality
objectives to be achieved, and the methods for achieving these objectives
including methods for the application of appropriate standards and the
scientific and technical information to be collected. 4) The Contracting
Parties signatory to these special agreements shall, through the medium
of the Commission, inform the other Contracting Parties of their purport
and of the progress made in putting them into effect.
-
Article 12: 1) Each Contracting Party undertakes to ensure
compliance with the provisions of this convention and to take in its territory
appropriate measures to prevent and punish conduct in contravention of
the provisions of the prevent Convention.
-
Article 15: A Commission composed of representatives of each
of the Contracting Parties is hereby established. The Commission shall
meet at regular intervals and at any time when due to special circumstances
its is so decided in accordance with its rules of procedure.
-
Article 21: Any dispute between Contracting Parties relating
to the interpretation or application of the present convention, which cannot
be settled otherwise by the parties concerned, for instance by means of
inquiry or conciliation within the Commission, shall, at the request of
any of those parties, be submitted to arbitration under the conditions
laid down in Annex B….
-
Annex B Article 5: 1) The arbitral tribunal shall decide
according to the rules of international law and, in particular, those of
this convention. 2) Any arbitral tribunal constituted under the provisions
of the Annex shall draw up its own rules of procedure.
-
Annex Article 6: 2) The tribunal may take all appropriate
measures in order to establish facts. It may, at the request of one of
the parties, recommend essential interim measures of protection. 4) The
parties to the dispute shall provide all facilities necessary for the effective
conduct of the proceedings. 5) The absence or default of a party to the
dispute shall not constitute impediment to the proceedings.
-
Annex Article 6: 1) The award of the tribunal shall be accompanied
by a statement of reason. It shall be final and binding upon the parties
to the dispute.
|
| Vienna
Convention for the Protection of the Ozone Layer (1985) |
In
Force: 09.22.1988 |
Threats:1,
8 |
-
Article 2: 1) The Parties shall take appropriate measures
in accordance with the provisions of this Convention and of those protocols
in force to which they are party to protect human health and the environment
against adverse effects resulting or likely to result from human activities
which modify or are likely to modify the ozone layer. 3) The provisions
of this Convention shall in no way affect the right of Parties to adopt,
in accordance with international law, domestic measures additional to those
referred to in paragraphs 1 and 2 above, nor shall they affect additional
domestic measures already taken by a Party, provided that these measures
are not incompatible with their obligations under this Convention.
-
Article 11: 1) In the event of a dispute between Parties
concerning the interpretation or application of this Convention, the parties
concerned shall seek solution by negotiation. 2) If the parties concerned
cannot reach agreement by negotiation, they may jointly seek the good offices
of, or request mediation by, a third party. 3) When ratifying, accepting,
approving or acceding to this Convention, or at any time thereafter, a
State or regional economic integration organization may declare in writing
to the Depositary that for a dispute not resolved in accordance with paragraph
1 or paragraph 2 above, it accepts one or both of the following means of
dispute settlement as compulsory: a) Arbitration in accordance with procedures
to be adopted by the Conference of the Parties at its first ordinary meeting;
b) Submission of the dispute to the International Court of Justice. 4)
If the parties have not, in accordance with paragraph 3 above, accepted
the same or any procedure, the dispute shall be submitted to conciliation
in accordance with paragraph 5 below unless the parties otherwise agree.
5) A conciliation commission shall be created upon the request of one of
the parties to the dispute. The commission shall be composed of an equal
number of members appointed by each party concerned and a chairman chosen
jointly by the members appointed by each party. The commission shall render
a final and recommendatory award, which the parties shall consider in good
faith. 6) The provisions of this article shall apply with respect to any
protocol except as otherwise provided in the protocol concerned.
|
| The
Montreal Protocol on Substances that Deplete the Ozone Layer (1987) |
In
Force: 01.01.1989
Adjustment: 03.07.’91
Amendment: 08.10.’92 |
Threats:1,
8 |
-
Preamble: ...take appropriate measures to protect human health
and the environment against adverse effects resulting or likely to result
from human activities which modify or are likely to modify the ozone layer…aware
that measures taken to protect the ozone layer from depletion should be
based on relevant scientific knowledge, taking into account technical and
economic consideration
-
Article 1 (Definition): definitions for 'conventions', 'parties',
'secretariat', 'controlled substance', 'production', 'consumption', 'calculated
levels', and 'industrial rationalization'.
-
Article 2 (Control Measures): 5) any party not operating
under paragraph 1 of Article 5 may, for one or more control periods, transfer
to another such Party any portion of its calculated level of consumption
set out in Article 2F, provided that the calculated level of consumption
of controlled substances in Group 1 of Annex A of the Party transferring
the portion of its calculated level of consumption did not exceed 0.25
kilograms per capita in 1989 and that the total combined calculated levels
of consumption of the Parties concerned do not exceed the consumption limits
set out in Article 2F. Such transfer of consumption shall be notified by
each of the Parties concerned, stating the terms of such transfer and the
period for which its is to apply.
-
Article 2A: CFCs: 2) Each party shall ensure that for the
period from 1 July 1991 to 31 December 1992 its calculated levels of consumption
and production of the controlled substances in Groups 1 of Annex do not
exceed over 150 per cent of its calculated levels of production and consumption
of those substances in 1986; with effect from 1 January 1993, the twelve-month
control period for these controlled substances shall run from 1 January
to 31 December each year. 3) Each party shall ensure that for the twelve-month
period commencing on 1 January 1994, and in each twelve-month period thereafter,
its calculated level of consumption of the controlled substance in Group
1 of Annex A does not exceed, annually, twenty-five per cent of its calculated
level of consumption in 1986. Each party producing one or more of these
substances, shall, for the same periods, ensure that its calculated level
of production of the substances does not exceed, annually, twenty-five
per cent of its calculated of its calculated level of production in 1986.
However, in order to satisfy the basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of its calculated level of production
in 1986.
-
Article 2B: Halons: 1) …commencing on 1 January 1992, … level
of consumption…does not exceed, annually, its calculated level of consumption
in 1986. …for the same periods, production…does not exceed,…level of production
in 1986. However,…to satisfy…domestic needs…production may exceed …up to
ten per cent of its calculated level of production in 1986. 2)…and in each
twelve-month period thereafter, …consumption…does not exceed zero. Each
Party producing one or more of these substances shall, for the same periods,
…does not exceed zero. However,…to satisfy the basic domestic needs…level
of production may exceed…up to fifteen per cent of its calculated level
of production in 1986.
-
Article 2C: Other fully halogenated CFCs: 1… commencing on
1 January 1993,…does not exceed…eighty per cent…level of…1989. …for the
same period,…production does not exceed, …eighty per cent of…1989. However,…to
satisfy domestic needs…production may exceed…up to ten percent of…1989.
2)…commencing on 1 January 1994,…does not exceed, …twenty-five per cent
of…1989. Each party producing…does not exceed, annually, twenty-five per
cent of…1989.
-
Article 2D: Carbon tetrachloride: …Commencing on 1 January
1995,…consumption…does not exceed…fifteen percent of…of 1989.…For the same
period,…production…does not exceed fifteen per cent of…1989. However,…to
satisfy…domestic needs… production may exceed…up to ten per cent…
-
Article 2E: Trichlorethane (Methyl chloroform): 1) …Commencing
on 1 January 1993,…consumption does not exceed…calculated level of consumption
in 1989. Each party producing…ensure that…production…does not exceed,…level
of production in 1989. However,…to satisfy…domestic needs…production may
exceed…up to ten per cent…of production in 1989. 2)…commencing on 1 January
1994, …consumption does not exceed…fifty per cent of its calculated level
consumption in 1989. …ensure that…production does not exceed…fifty per
cent…of production in 1989. However,…to satisfy the basic needs…production
may exceed …up to ten per cent…of production in 1989. 3)…commencing on
1 January 1996…consumption…does not exceed zero. …ensure…production…does
not exceed zero. However,…to satisfy…domestic needs…production may exceed…up
to fifteen per cent of is calculated level of production in 1989.
-
Article 2F: Hydrochiorofluorocarbons: 1)…commencing on 1
January 1996,…consumption…does not exceed,…the sum of : (a) two point eight
per cent of its calculated level of consumption in 1989 of the controlled
substances in Group I of Annex A; (b) its calculated level of consumption
in 1989 of the controlled substances in Group I of Annex C. 2)…commencing
on 1 January 2004,…consumption…does not exceed,…sixty-five per cent of
the sum referred to in paragraph 1 of this Article. 3) …commencing on 1
January 2010,…consumption…does not exceed,…thirty-five per cent of the
sum… 4)…commencing on 1 January 2015,…consumption…does not exceed…ten per
cent of the sum…5)…commencing on 1 January 2020, …consumption…does not
exceed zero point five per cent of the sum…6)…commencing on 1 January 2030…consumption…does
not exceed zero. 7) As of 1 January 1996, each Party shall endeavor to
ensure that: (a) the use of controlled substances in Group I of Annex C
is limited to those applications where other more environmentally suitable
alternative substances or technologies are not available; (b) the use of
controlled substances in Group I of Annex C is not outside the areas of
application currently met by controlled substances in Annexes A, B and
C, except in rare cases for the protection of human life or human health;
and © controlled substances in Group I of Annex C are not selected
for use in a manner that minimizes ozone depletion, in addition to meeting
other environmental, safety and economic considerations.
-
Article 2G: Hydrobromofluorocarbons: …commencing on 1 January
1996,…consumption…does not exceed zero. …for the same period…production…does
not exceed zero.
-
Article 2H: 1) Methyl bromide:…commencing on 1 January 1995,…consumption
of the controlled substance in annex E does not exceed,…level of consumption
in 1991. …for the same period,…production does not exceed…level of production
in 1991. However,…to satisfy…domestic needs…level of production may exceed…up
to ten per cent …2) …commencing on 1 January 1999,…consumption…does not
exceed…seventy-five per cent of its calculated level of consumption in
1991. …for the same period,…production…does not exceed…seventy-five per
cent …level of production in 1991. However,…to satisfy…domestic needs…production
may exceed…up to ten per cent of…1991. 3)…commencing on 1 January 2003,…consumption
…does not exceed…fifty per cent…in 1991. …for the same period…production…does
not exceed…fifty per cent …in 1991. However,…to satisfy…domestic needs…may
exceed…up to ten per cent…1991. 4)…commencing on 1 January 2003,…consumption…does
not exceed…thirty per cent…1991. …for the same period,…production…does
not exceed…thirty per cent…level of 1991. However,…to satisfy…domestic
needs…production may exceed…up to ten per cent…level of…1991. 5)…commencing
on 1 January 2005…consumption…does not exceed zero. …for the same period…production
does not exceed zero. However,…to satisfy…domestic needs…may exceed…up
to fifteen per cent of…1991. This paragraph will apply save to the
extent that the Parties decide to permit the level of production or consumption
that is necessary to satisfy the uses agreed by them to be critical use.
-
Article 4 (Control trade with non-parties): 1)...each party
shall ban the import of the controlled substances in Annex A from any State
not party to this Protocol. A)…each Party shall ban the import of the controlled
substance in Annex B from any State not party to this Protocol. B)…each
Party shall ban the import of any import of any controlled substances in
Group II of Annex C from any State not party to this Protocol. C)…each
party shall ban import of the controlled substance in Annex E from any
State not party to this Protocol. 2)…each Party shall ban the export of
any controlled substances in Annex A to any State not party to this Protocol.
a)…each party shall ban the export of any controlled substances in Annex
B. b)...ban the export of any controlled substances in Group II of Annex
C...c)...ban the export of the controlled substance in Annex E....
-
Article 4A (control of trade with Parties) 1)...ban the export
of used, recycled and reclaimed quantities of that substance, other than
for the purpose of destruction.
-
Article 5 (Special situation of developing countries): 1)
any party that is developing country and…level of consumption of the controlled
substances in Annex A is less than 0.3 KGs per capita on the date of the
entry into force of the Protocol for its, or anytime thereafter until 1
January 1999, shall,…to meet its basic domestic needs, be entitled to delay
for ten years its compliance with control measures set out in Article 2A
to 2E...2) However...shall exceed neither an annual calculated level of
consumption of the controlled substances in Annex A of 0.3 KGs per capita
nor an annual calculated level of consumption of controlled substances
of Annex B of 0.2 KGs per capita. 3) a) ... under Annex A, either the average
of its annual calculated level of consumption for the period 1995 to 1997
inclusive or a calculated level of consumption of 0.3 kg p.c., whichever
is lower,...b)...under Annex B,.....1998 to 2000 inclusive...0.2kgs p.c.,
whichever is lower...c)...under Annex A, either the average of its annual
calculated level of production...1995 to 1997 inclusive or a calculated
level of production of 0.3kgs p.c.,...d) ...under Annex B,...1998 to 2000...production
of 0.2kgs p.c., whichever is lower...6) any party operating under paragraph
1 of this Article may...notify the Secretariat in writing that...it is
unable to implement any or all of the obligations laid down in Article
2A to 2E.....dues to the inadequate implementation of Article 10 and 10A.Secretariat
shall...transmit a copy of the notification to the parties, which shall
consider the matter at their next Meeting, giving due recognition to paragraph
5 of this Article and shall decide upon appropriate action to be taken.
-
Article 6: (Assessment and review of control measures) Beginning
in 1990, and at least every four years thereafter, the Parties shall assess
the control measures provided for in Article 2 and Articles 2A to 2H on
the basis of available scientific, environmental, technical and economic
information.
|
| United
Nations Framework Convention on Climate Change (1992) |
In
Force: 03.21.1994 |
Threats:
2,
8,
17 |
-
Noting that the largest share of historical and current global
emissions of greenhouse gases has originated in developed countries, that
per capita emissions in developing countries are still relatively low and
that the share of global emissions originating in developing countries
will grow to meet their social and development needs…
-
…in accordance with the Charter of the United Nations and
the principle of international law, the sovereign right to exploit their
own resources pursuant to their own environmental and developmental policies,
and the responsibility to ensure that activities within their jurisdiction
or control do not cause damage to the environment of other States or of
areas beyond the limits of national jurisdiction, Reaffirming the principle
of sovereignty of States in international cooperation to address climate
change, Recognizing that States should enact effective environmental legislation,
that environmental standards, management objectives and priorities should
reflect the environmental and developmental context to which they apply,
and that standards applied by some countries may be inappropriate and of
unwarranted economic and social cost to other countries…
-
recognizing that various actions to address climate change
can be justified economically in their own right and can also help in solving
other environmental problems,
-
recognizing the special difficulties of…developing countries,
whose economies are particularly dependent on fossil fuel production, use
and exportation, as a consequence of action taken on limiting greenhouse
gas emissions
-
Article 4: Obligations
-
develop,…update, publish…national inventories of anthropogenic
emissions, b) formulate, implement, publish…update national and…regional
programs… ,c) promote and cooperate in the development, application and
diffusion, including transfer, of technologies, practices and processes
that control, reduce or prevent anthropogenic emission of greenhouse gases,
d) promote sustainable management, and promote and cooperate in the conservation..,
e) cooperate in preparing for adaptation to the impacts of climate change;
develop and elaborate appropriate and integrated plans.., f) minimize effect
of climate change, g) promote and cooperate in scientific, technological,
technical, socio-economic and other research, h) promote…open exchange,
….. i) promote…education, training and public awareness
-
Article 4: 2) …shall adopt national policies and take corresponding
measures on the mitigation of climate change, by limiting its anthropogenic
emissions of greenhouse gases and protecting and enhancing its greenhouse
gas sinks and reservoirs. 3) The developed country Parties and other developed
Parties…shall provide new and additional financial resources to meet the
agreed full costs incurred by developing country Parties in complying with
their obligation… 4) The developed country Parties and other developed
Parties…shall assist the developing country Parties that are particularly
vulnerable to the adverse effects of climate change in meeting costs of
adaptation to those adverse effects.
-
Article 7: 2) The Conference of the Parties, as the supreme
body of this Convention, shall keep under regular review the implementation
of the Convention and any related legal instruments that the Conference
of the Parties may adopt, and shall make, within its mandate, the decisions
necessary to promote the effective implementation of the Convention.
-
Article 14: 1) In the event of a dispute between any two
or more Parties concerning the interpretation or application of the Convention,
the Parties concerned shall seek a settlement of the dispute through negotiation
or any other peaceful means of their own choice. 2) When ratifying, accepting,
approving or acceding to the Convention, or at any time thereafter, a Party
which is not a regional economic integration organization may declare in
a written instrument submitted to the Depositary that, in respect of any
dispute concerning the interpretation or application of the Convention,
it recognizes as compulsory ipso facto and without special agreement, in
relation to any Party accepting the same obligation: a) Submission of the
dispute to the International Court of Justice, and/or b) Arbitration in
accordance with procedures to be adopted by the Conference of the Parties
as soon as practicable, in an annex on arbitration. A Party which is a
regional economic integration organization may make a declaration with
like effect in relation to arbitration in accordance with the procedures
referred to in subparagraph (b) above. 4) A new declaration, a notice of
revocation or the expiry of a declaration shall not in any way affect proceedings
pending before the International Court of Justice or the arbitral tribunal,
unless the parties to the dispute otherwise agree. 5) Subject to the operation
of paragraph 2 above, if after twelve months following notification by
one Party to another that a dispute exists between them, the Parties concerned
have not been able to settle their dispute through the means mentioned
in paragraph 1 above, the dispute shall be submitted, at the request of
any of the parties to the dispute, to conciliation. 6) A conciliation
commission shall be created upon the request of one of the parties to the
dispute. The commission shall render a recommendatory award, which the
parties shall consider in good faith.
|
| Kyoto
Protocol to the United Nations Framework Connection on Climate Change (1998) |
Not
in Force: Adopted on 12.10.1997 |
Threats:
2,
8,
17,
23 |
-
Article 2: Each Party included in Annex I, in achieving its
qualified emission limitation and reduction commitments under Article 3…shall:
a) implement and/or further elaborate policies and measures in accordance
with its national circumstances, such as:
-
enhancement of energy efficiency
-
protection and enhancement of sinks and reservoirs of greenhouse
gases not controlled by the Montreal Protocol…;
-
promotion of sustainable forms of agriculture…;
-
research on, and promotion, development and increased use
of, new and renewable forms of energy, of carbon dioxide sequestration
technologies and of advanced and innovated environmentally sound technologies;
-
progressive reduction of phasing out of market imperfections,
fiscal incentives, tax and duty exemptions and subsidies in all greenhouse
gas emitting sectors…
-
…promoting policies and measures which limit or reduce emissions
of greenhouse gases…
-
measure to limit and/or reduce emissions of greenhouse gases…
-
limitation and/or reduction of methane emissions through
recovery and use in waste management.
-
2) …shall pursue limitation or reduction of emissions of
greenhouse gases not controlled by the Montreal Protocol from aviation
and marine bunker fuels… 3) …shall strive to implement policies and measures
in such a way as to minimize adverse effects…especially developing country
Parties and in particular those identified in Article 4…
-
Article 3: …shall…ensure that their aggregate anthropogenic
carbon dioxide equivalent emissions of the greenhouse listed in Annex A
do not exceed their assigned amounts, calculated pursuant to their quantified
emission limitation and reduction commitments inscribed in Annex B and
in accordance with the provision of this Article, with a view to reducing
their overall emissions of such gases by at least 5 per cent below 1990
levels in the commitment period of 2008 to 2012. 2) Each Party included
in Annex I shall, by 2005, have made demonstratable progress in achieving
its commitments under this Protocol. (8% below emission levels for the
EU, 7% for the US, 6% for Japan – see Annex B for details)
-
‘Emission targets include all six major greenhouse gases’
- see Annex A for the list
-
‘Activities that absorb carbon will offset against emission
targets. Additionally, under an emission trading regime, countries or companies
can purchase less expensive emission permits from countries that have more
permits than they need’. (rules and guidelines indicated – refer to Article
6)
-
Clean Development Mechanism: ‘developed countries will be
able to use certified emissions reduction from project activities in developing
countries to contribute to their compliance with greenhouse gas reduction
targets’. ‘Developing countries may…voluntarily assume binding emission
targets…’.
-
Excludes following military emission:
-
‘emission from "bunker" fuel
-
‘emission from multilateral operation’
-
‘countries may decide…how to account for emissions relating
to multilateral operations…
-
although it addresses provisions and certain consequences
if a country fails to comply, ‘effective procedures and a mechanism to
determine and address non-compliance were not decided.
|
Other organizations which does not indicate in their mandate but can
be related to environmental security:
Environmental
Security Study