LEGAL COMPATIBILITY ANALSIS: 1995 MEKONG AGREEMENT & UN WATERCOURSES CONVENTION. Mr Rémy Kinna International Water Law Consultant
|
|
- Isabel Flynn
- 5 years ago
- Views:
Transcription
1 LEGAL COMPATIBILITY ANALSIS: 1995 MEKONG AGREEMENT & UN WATERCOURSES CONVENTION Mr Rémy Kinna International Water Law Consultant
2 Legal compatibility analysis: Mekong Agreement & UNWC
3 International Water Law: House LL as a River Basin Agreement
4 Mekong Agreement built in 1995 & PNPCA pillar added later MRC Regional Growth Mekong Spirit PNPCA
5 Meanwhile, Customary International Law (CIL) was forming MRC Regional Growth Mekong Spirit PNPCA CUSTOMARY INTERNATIONAL LAW / INTERNATIONAL COURT OF JUSTICE
6 at same time, UNWC was finally adopted by UN GA in 1997 MRC Regional Growth Mekong Spirit PNPCA CUSTOMARY INTERNATIONAL LAW / ICJ UN WATERCOURSES CONVENTION
7 Today: dam issues challenging PNPCA & dispute processes MRC Regional Growth Mekong Spirit PNPCA CUSTOMARY INTERNATIONAL LAW / ICJ UN WATERCOURSES CONVENTION
8 Major legal gaps: Mekong Agreement / PNPCA v. UNWC / CIL State sovereignty? Construction while notified?? MRC Transboundary EIA?? Tributary dams excluded?? Regional Growth Mekong Spirit PNPCA CUSTOMARY INTERNATIONAL LAW / ICJ UN WATERCOURSES CONVENTION
9 Legal compatibility analysis: Mekong Agreement & UNWC 1. Scope Aims Definitions 2. Substantive principles Sustainable development Equitable & reasonable utilisation (ERU) Duty not to cause significant harm 3. Procedural obligations Cooperation & information exchange Prior notification, consultation & negotiation (PNPCA) Dispute resolution mechanisms 4. Institutions for governance River basin institutions (MRC)
10 Sections UN Watercourses Convention Key Provisions I. Scope Art 1 - Legal reach (what waters?) Art 2 - Definitions (watercourse; uses) Art 4 - Parties (States; Regional Economic Orgs) II. General Principles Arts 5 & 6 - Equitable & reasonable utilisation Art 7 - No significant harm Arts 8 & 9 - Obligations to cooperate & exchange info III. Planned Measures Arts Notification & process for planned measures Art 19 - Urgent implementation IV. Protection, Preservation & Management V. Harmful Conditions & Emergency Situations Art 20 - Protection & preservation of ecosystems Art 21 - Prevention, control & reduction of pollution Arts Management / Regulation / Installations Art 27 - Prevention & mitigation of harmful conditions Art 28 - Emergency situations VI. Miscellaneous Provisions Art 32 - Non-discrimination Art 33 - Settlement of disputes VII. Final Clauses Art 35 - Ratification, acceptance, approval or accession Art 36 - Entry into force
11 Sections UN Watercourses Convention Key Provisions I. Scope Art 1 - Legal reach (what waters?) Art 2 - Definitions (watercourse; uses) Art 4 - Parties (States; Regional Economic Orgs) II. General Principles Arts 5 & 6 - Equitable & reasonable utilisation Art 7 - No significant harm Arts 8 & 9 - Obligations to cooperate & exchange info III. Planned Measures Arts Notification & process for planned measures Art 19 - Urgent implementation IV. Protection, Preservation & Management V. Harmful Conditions & Emergency Situations Art 20 - Protection & preservation of ecosystems Art 21 - Prevention, control & reduction of pollution Arts Management / Regulation / Installations Art 27 - Prevention & mitigation of harmful conditions Art 28 - Emergency situations VI. Miscellaneous Provisions Art 32 - Non-discrimination Art 33 - Settlement of disputes VII. Final Clauses Art 35 - Ratification, acceptance, approval or accession Art 36 - Entry into force
12 Sections Mekong Agreement & MRC Key Provisions I. Preamble Noting - Unique spirit of cooperation Acknowledge - great political, economic & social changes Affirming - Sustainable devt & inter-dependent growth II. Definitions of Terms Agreement- Proposed uses: JC based on PNCPA process Notification & Prior Consultation - Timely / PNPCA Proposed use - Differs: mainstream v. tributary III. Objectives & Principles of Cooperation Art 1 - Areas of cooperation (includes hydropower) Art 4 - Sovereign equality & territorial integrity Art 5 - Reasonable & equitable utilisation Art 6 - Maintenance of flows on mainstream Arts 7 & 8 - Prevention of harm & state responsibility IV. Institutional Framework Art 12 - Structure: Council, Joint Committee, Secretariat Arts 18, 24, 30 - Functions of different MRC structures Art 26 - Rules of water utilisation & inter-basin transfers V. Addressing Differences & Disputes Art 34 - Resolution by MRC re interpretation & rights Art 35 - Resolution by governments (can ask for 3 rd party) VI. Final Provisions Art 36 - Entry into force & prior agreements
13 Sections Mekong Agreement & MRC Key Provisions I. Preamble Noting - Unique spirit of cooperation Acknowledge - great political, economic & social changes Affirming - Sustainable devt & inter-dependent growth II. Definitions of Terms Agreement- Proposed uses: JC based on PNCPA process Notification & Prior Consultation - Timely / PNPCA Proposed use - Differs: mainstream v. tributary III. Objectives & Principles of Cooperation Art 1 - Areas of cooperation (includes hydropower) Art 4 - Sovereign equality & territorial integrity Art 5 - Reasonable & equitable utilisation Art 6 - Maintenance of flows on mainstream Arts 7 & 8 - Prevention of harm & state responsibility IV. Institutional Framework Art 12 - Structure: Council, Joint Committee, Secretariat Arts 18, 24, 30 - Functions of different MRC structures Art 26 - Rules of water utilisation & inter-basin transfers V. Addressing Differences & Disputes Art 34 - Resolution by MRC re interpretation & rights Art 35 - Resolution by governments (can ask for 3 rd party) VI. Final Provisions Art 36 - Entry into force & prior agreements
14 Comparative legal analysis: SCOPE & DEFINITIONS LAW UN Watercourses Convention Mekong Agreement Scope Respects state sovereignty Does not affect existing/future rights Does not affect basin non-parties Encourages harmonising & future laws Coverage: mainstream & tributaries States can place reservation to laws Aims Equitable & reasonable utilisation Regulate planned measures ie dams Protection & mgmt of ecosystems Definitions Defines international watercourse River system includes tributaries Broad range of uses of watercourse Sovereignty & territorial integrity No retroactive/precedence re rights Allows states to become members Permits states to agree/amend laws Coverage: mainstream v. tributaries States can suspend/withdraw Regional water cooperation & sust dev Dams: mainstream v. tributary Harm prevention & optimum use Basin, river, tributary: undefined Acceptable flows & environment Uses differ mainstream v. tributaries
15 Comparative legal analysis: SUBSTANSTIVE PRINCIPLES LAW UN Watercourses Convention Mekong Agreement Sustainable Development Equitable & Reasonable Utilisation No significant harm Core principle of UNWC (CIL) UNWC processes aim reach end goal Cornerstone principle of UNWC (CIL) Lists detailed factors to consider Weight given to each factor allocated on context, judged case-by-case basis Framed in obligatory language: duty Priority over no significant harm General duty not to cause harm Having due regard to ERU gives priority to ERU all appropriate measures is due diligence obligation (processes) Supported by ecosystem mgmt laws Central principle of Mekong Agreement Referred to but not defined Central principle of Mekong Agreement Does not list any factors Distinguishes between wet v. dry season Inter-basin diversion v. Intra basin use Mainstream v. tributary Priority (No referral to significant harm) General duty not to cause harm No reference to ERU Defines impact re harmful effects Framed in terms of state disputes regarding transboundary harm Ecoystem mgmt sections limited
16 Comparative legal analysis: PROCEDURAL OBLIGATIONS LAW UN Watercourses Convention Mekong Agreement Cooperate & Info Exchange Duty to cooperate in good faith Information/data exchange processes General obligation to cooperate Info exchange based on MRC processes PNCPA Notify prior to implementation/permit Supply data/info available (also EIA) Prior consultation 6mths (+ extension) Suspend project during consultation If not agreed, likely dispute mechanism MA: timely / PNPCA: 6months prior Supply available data (no EIA required) Silent on time (Joint Comm can extend) MA: silent / PNPCA: must suspend If not agreed, unclear but likely to JC Dispute Resolution Duty: resolve peacefully in good faith Jointly seek good offices OR request 3 rd party mediation & conciliation OR make use of river basin institution If 6mths of negotiations not resolved, must submit to 3 rd party fact-finding Delivers report with recommendations Can submit to ICJ or arbitration Make every effort to resolve the issue Firstly through negotiation by JC If unable to resolve in timely manner (not defined) then referred to govts for negotiation via diplomatic channels Govts may communicate decision to JC Parties, if mutually agreed, may request 3 rd party mediation via an agreed forum
17 Overall legal compatibility: Mekong Agreement & UNWC LEGAL ELEMENT COMPATIBLE GAPS & LIMITATIONS Scope YES MA: similar re rights/duties but UNWC broader geog scope. Aims YES MA: sustainable dev & econ growth so less re ERU & no harm. Definitions YES MA: river, tributary, ERU undefined (UNWC: detailed uses). Sustainable Development YES MA: vague idea. UNWC: process/details to ensure outcome. ERU YES MA: no detailed factors & prioritises water quantity v quality No significant harm YES MA: no ERU ref, duty of due diligence, or non-discrimination. Cooperate & information YES MA: relies on MRC. UNWC: detailed process & in good faith. PNPCA YES PNCPA similar to UNWC but non-binding. MA: no tributaries. Dispute resolution YES MA: circular, less fora, no times, limits 3 rd party intervention. Governance institutions YES UNWC: no formal institution, future? MRC: institutional structure based on agreement 20 years old.
18 How to bridge gaps from Mekong Agreement to UNWC / CIL? State sovereignty? Construction while notified?? MRC Transboundary EIA?? Tributary dams excluded?? Regional Growth Mekong Spirit PNPCA CUSTOMARY INTERNATIONAL LAW / ICJ UN WATERCOURSES CONVENTION
19 Regional Growth PNPCA All ratify UNWC: compatible with MA 95, links to accepted CIL MRC Equitable & Reasonable Utilisation Planned measures Mekong Spirit Dispute Resolution No Significant Harm UN WATERCOURSES CONVENTION CUSTOMARY INTERNATIONAL LAW / INTERNATIONAL COURT OF JUSTICE
20 Regional Growth PNPCA All states have clear/shared understanding of rights & duties MRC Equitable & Reasonable Utilisation Planned measures Mekong Spirit Dispute Resolution No Significant Harm UN WATERCOURSES CONVENTION CUSTOMARY INTERNATIONAL LAW / INTERNATIONAL COURT OF JUSTICE
21 Regional Growth PNPCA Stability improves relations: more effective/enjoyable house MRC Equitable & Reasonable Utilisation Planned measures Mekong Spirit Dispute Resolution No Significant Harm UN WATERCOURSES CONVENTION CUSTOMARY INTERNATIONAL LAW / INTERNATIONAL COURT OF JUSTICE
22 How ratifying the UNWC can strengthen governance in the Mekong Legal compatibility analysis contends that: All of the lower Mekong basin States and MRC members, namely Thailand, Laos and Cambodia, should ratify the UNWC Leaves open future possibility for Myanmar (even China) to ratify Ratifying UNWC is recommended on the grounds that it would: Reinforce not replace the Mekong Agreement Align not amend the Mekong Agreement with CIL Strengthen not weaken the MRC mandate to govern Underpin not undermine cooperation within and via the MRC
23 Reinforce not replace the Mekong Agreement Mutually reinforcing and supportive framework for Mekong Agreement and non-binding PNPCA Crucial in terms of regulating hydropower development project on the Mekong River mainstream and its tributaries UNWC & Mekong Agreement together form hybrid legal regime combining binding and non-binding law for basin governance Flexibility of Mekong Agreement & MRC supported by detailed & binding UNWC More detailed analysis needed in relation to each country ratifying the UNWC and how it interacts with national level laws & MEAs etc
24 Align not amend the Agreement with customary international law Would align MRC States under international water law with already binding rules Affirm willingness to adhere to binding CIL Strengthens existing legal platform ICJ has said UNWC is global legal standard in disputes over international rivers Applies even where parties to dispute have not ratified UNWC. UNWC & CIL would apply irrespective so need to be in line. Ratification in Mekong could in-turn foster more widespread ratification Mekong would again, as in 1995, be a global champion for river governance Parallel focus on strengthening applicable domestic laws to align with UNWC. MRC states may seek to examine their national laws and consider aligning them.
25 Strengthen not weaken the MRC to govern Ratifying would strengthen MRC mandate to govern by: protecting the existing rights and duties of MRC member States under the Mekong Agreement strengthening the legal mandate of the MRC and its member States by providing them with a globally negotiated and agreed set of laws, referred to by ICJ not limiting China and Myanmar s existing/future ability to meaningfully participate in MRC expanding the mandate of MRC to govern equitable and reasonable utilization for both mainstream and tributaries, equally.
26 Strengthen not weaken the MRC to govern (continued) UNWC adopts a framework approach to address gaps and in-turn improve overall governance UNWC would improve legal capacity of he MRC member States simply by clarifying/strengthening laws Would prove the commitment of MRC to improving processes and transparency in line with CIL Long-promised by the MRC Joint Council. Likely that this would significantly improve donor confidence in future role of MRC MRC could strengthen its particular mandate in regards to scientific research and knowledgesharing functions by each ratifying the UNWC detailed provisions for states developing joint technical standards and information exchange Despite the ongoing absence of China and Myanmar, if all MRC member States ratify: It creates a common legal platform that is global recognized and contains binding CIL which the MRC could utilize in negotiating with the upper Mekong basin States.
27 Underpin not undermine cooperation within and via the MRC UNWC contains clearly defined and transparent dispute resolution procedures: Could underpin the Mekong Agreement s ambiguous dispute settlement mechanisms Maintaining the mandate of the MRC as a vehicle for basin cooperation and negotiation. UNWC s binding prior notification and consultation procedures for planned measures can address critical gaps and ambiguities in the existing PNCPA Non-binding and lack of clear timeframes/standards has caused disagreements Potential economic benefits associated with having a clearly defined laws Awareness-raising and capacity building workshops plus disseminating key knowledge resources and decision-making tools will foster cooperation Building a common understanding of the role and relevance of the UNWC Address common misperceptions that have been barriers to ratification.
28 Recent Mekong Commons article online: 24 November
29 Questions & Comments
AGREEMENT ON THE COOPERATION FOR THE SUSTAINABLE DEVELOPMENT OF THE MEKONG RIVER BASIN
AGREEMENT ON THE COOPERATION FOR THE SUSTAINABLE DEVELOPMENT OF THE MEKONG RIVER BASIN The Governments of The Kingdom of Cambodia, The Lao People's Democratic Republic, The Kingdom of Thailand, and The
More informationASEAN Chief Justices Roundtable Siem Reap Cambodia Ben Boer, Distinguished Professor, Research Institute of Environmental Law Wuhan University, China
ASEAN Chief Justices Roundtable Siem Reap Cambodia Ben Boer, Distinguished Professor, Research Institute of Environmental Law Wuhan University, China Outline ASEAN Regional Declarations Hard and soft law
More informationSeptember 10, H.E. Samdech Akkak Moha Sena Padei Techo Hun Sen, The Prime Minister of the Kingdom of Cambodia
September 10, 2014 H.E. Samdech Akkak Moha Sena Padei Techo Hun Sen, The Prime Minister of the Kingdom of Cambodia H.E Thongsing Thammavong, The Prime Minister of the Lao People s Democratic Republic H.E
More informationConflict Avoidance and Dispute Settlement Mechanisms
Conflict Avoidance and Dispute Settlement Mechanisms Zaki Shubber Lecturer in Law and Water Diplomacy 23 May 2017 Regional Workshop on Transboundary Water Cooperation in The Context of the SDGS in South
More informationRevisiting Indus Waters Treaty 1960
Revisiting Indus Waters Treaty 1960 School of Civil & Environmental Engineering NUST Institute of Civil Engineering 18 October 2011 International Union for Conservation of Nature, Pakistan Story begins
More informationDRAFT International Code of Conduct for Outer Space Activities
DRAFT International Code of Conduct for Outer Space Activities VERSION 31 March 2014 Preamble The Subscribing States 1 In order to safeguard the continued peaceful and sustainable use of outer space for
More informationDRAFT. International Code of Conduct for Outer Space Activities Preamble
Version 16 September 2013 DRAFT International Code of Conduct for Outer Space Activities Preamble The Subscribing States 1 In order to safeguard the continued peaceful and sustainable use of outer space
More informationCHINA AND MEKONG SUB-REGIONAL COOPERATION: A PERSPECTIVE FROM VIETNAM
CHINA AND MEKONG SUB-REGIONAL COOPERATION: A PERSPECTIVE FROM VIETNAM Le Kim Sa, Ph.D. Deputy Director, Center for Analysis and Forecasting Vietnamese Academy of Social Sciences Contents China s Rise &
More information1995 Mekong Agreement. Meeting the Need, Keeping the Balance
1995 Mekong Agreement and Procedural Rules Meeting the Need, Keeping the Balance Table of contents VISION for the Mekong River Basin: An economically prosperous, socially just and environmentally sound
More informationSubject: Request MRC Council to Pass a Resolution Calling for the Cancellation of the Xayaburi Dam
H.E. Mr. Preecha Rengsomboonsuk Minister of Natural Resources and Environment Chairperson of Thai National Mekong Committee Member of the MRC Council for H.E. Mr. Lim Kean Hor Minister of Water Resources
More informationPöyry s Role in the Xayaburi Dam Controversy International Rivers (February 2013)
Pöyry s Role in the Xayaburi Dam Controversy International Rivers (February 2013) Finnish engineering company Pöyry has become embroiled in a high profile water dispute between four governments in Southeast
More informationReview Conference of the Rome Statute
International Criminal Court Review Conference of the Rome Statute RC/5 Distr.: General 10.June 2010 Original: English Kampala 31 May 11 June 2010 Report of the Working Group on the Crime of Aggression
More informationDispute settlement in the context of international environmental law
Dispute settlement in the context of international environmental law Ruth Mackenzie Centre for International Courts and Tribunals University College London Relating to, e.g.: Types of disputes? EIA Decision-making
More informationDRAFT International Code of Conduct for Outer Space Activities
Note: Annotations to the 31 March 2014 Version of the draft Code are based on comments made in the context of the third round of Open-ended Consultations held in Luxembourg, 27-28 May 2014 DRAFT International
More informationStrategy for regional development cooperation with Asia focusing on. Southeast Asia. September 2010 June 2015
Strategy for regional development cooperation with Asia focusing on Southeast Asia September 2010 June 2015 2010-09-09 Annex to UF2010/33456/ASO Strategy for regional development cooperation with Asia
More informationHAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND
HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND Mandates of the Special Rapporteur on adequate housing as a component
More informationA/CONF.217/CRP.1. Draft of the Arms Trade Treaty. United Nations Conference on the Arms Trade Treaty New York, 2-27 July 2012
1 August 2012 Original: English United Nations Conference on the Arms Trade Treaty New York, 2-27 July 2012 (E) *1244896* Draft of the Arms Trade Treaty Submitted by the President of the Conference Preamble
More informationGUIDELINES FOR REGIONAL MARITIME COOPERATION
MEMORANDUM 4 GUIDELINES FOR REGIONAL MARITIME COOPERATION Introduction This document puts forward the proposed Guidelines for Regional maritime Cooperation which have been developed by the maritime Cooperation
More informationUNESCO. Tackling the Global Water Crisis an International Legal Perspective. Global Water Scarcity Conference Glasgow
Global Water Scarcity Conference Glasgow IHP-HELP UNESCO Centre for Water Law, Policy & Science Tackling the Global Water Crisis an International Legal Perspective 22-23 May 12 Prof Patricia Wouters The
More informationReservations to Treaties, Prohibited Reservations and some Unsolved Issued Related to Them
Reservations to Treaties, Prohibited Reservations and some Unsolved Issued Related to Them Fjorda Shqarri Phd candidate, Faculty of Law, University of Tirana, Professor at Faculty of Law, University of
More informationConvention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean
Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean The Convention for the Protection of the Mediterranean Sea Against Pollution (the Barcelona Convention)
More informationACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILIZATION
CBD Distr. LIMITED UNEP/CBD/COP/10/L.43* 29 October 2010 CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY Tenth meeting Nagoya, Japan, 18-29 October 2010 Agenda item 3 ORIGINAL: ENGLISH
More informationSUMMARY NOTES OF THE INTERNATIONAL WATER LAW AND UN WATERCOURSES CONVENTION REGIONAL AWARENESS WORKSHOP
SUMMARY NOTES OF THE INTERNATIONAL WATER LAW AND UN WATERCOURSES CONVENTION REGIONAL AWARENESS WORKSHOP Siem Reap, Cambodia May 10-11, 2012 TABLE OF CONTENTS LIST OF APPENDICES... i 1.0 BACKGROUND... 1
More informationEighth Additional Protocol to the Constitution of the Universal Postal Union
Eighth Additional Protocol to the Constitution of the Universal Postal Union Constitution, Additional Protocol Eighth Additional Protocol to the Constitution of the Universal Postal Union Contents Article
More informationASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION
ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION one vision one identity one community ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION The ASEAN Secretariat Jakarta The Association of Southeast Asian Nations
More informationTRADE AND SUSTAINABLE DEVELOPMENT
Disclaimer: In view of the Commission's transparency policy, the Commission is publishing the texts of the Trade Part of the Agreement following the agreement in principle announced on 21 April 2018. The
More informationThe Final United Nations Conference on the Arms Trade Treaty, Adopts the text of the Arms Trade Treaty which is annexed to the present decision.
United Nations A/CONF.217/2013/L.3 General Assembly Distr.: Limited 27 March 2013 Original: English Final United Nations Conference on the Arms Trade Treaty New York, 18-28 March 2013 Draft decision Submitted
More informationInternational Legal Instruments --Interpretation and Application-- By Carlton Stoiber
International Legal Instruments --Interpretation and Application-- By Carlton Stoiber 1 PREAMBULAR PARAGRAPHS NOT LEGALLY BINDING PROVIDE AN AID TO INTERPRETATION/APPLICATION MAY SET FORTH GENERAL OBJECTIVES
More informationEXTRATERRITORIAL OBLIGATIONS IN THE CONTEXT OF CROSS-BORDER INVESTMENT IN ASEAN: THE ROLE OF HUMAN RIGHTS INSTITUTIONS
EXTRATERRITORIAL OBLIGATIONS IN THE CONTEXT OF CROSS-BORDER INVESTMENT IN ASEAN: THE ROLE OF HUMAN RIGHTS INSTITUTIONS This workshop examines the role of National Human Rights Institutions (NHRIs) in Southeast
More informationJustine Bendel, James Harrison *
Determining the legal nature and content of EIAs in International Environmental Law: What does the ICJ decision in the joined Costa Rica v Nicaragua/Nicaragua v Costa Rica cases tell us? Justine Bendel,
More informationUNECE Water Convention: Support to Managing Transboundary Groundwaters
UNECE Water Convention: Support to Managing Transboundary Groundwaters Dr. Annukka Lipponen UNECE Water Convention UNECE/Helsinki Water Convention (1992) Signed on 17 March 1992 Entered into force on 6
More informationAGREEMENT ON LABOUR COOPERATION BETWEEN CANADA AND THE REPUBLIC OF HONDURAS
AGREEMENT ON LABOUR COOPERATION BETWEEN CANADA AND THE REPUBLIC OF HONDURAS PREAMBLE CANADA AND THE REPUBLIC OF HONDURAS ( Honduras ), hereinafter referred to as the Parties, RECALLING their resolve in
More informationConvention on Fishing and Conservation of the Living Resources of the High Seas 1958
Convention on Fishing and Conservation of the Living Resources of the High Seas 1958 Done at Geneva on 29 April 1958. Entered into force on 20 March 1966. United Nations, Treaty Series, vol. 559, p. 285
More informationPARIS AGREEMENT. Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as "the Convention",
PARIS AGREEMENT The Parties to this Agreement, Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as "the Convention", Pursuant to the Durban Platform for
More informationPacific Agreement on Closer Economic Relations (PACER)
Pacific Agreement on Closer Economic Relations (PACER) Done at Nauru, 18 th August 2001 PACIFIC AGREEMENT ON CLOSER ECONOMIC RELATIONS (PACER) The Parties to this Agreement: AFFIRMING the close ties that
More information)CUMENT HIGHLIGHTS: A 4.
A 4. )CUMENT HIGHLIGHTS: reements to Protect the Rivers Meuse and Scheldt ina-u.s. Agreement on Intellectual Property Rights lictments from the International Criminal Tribunal for the former y'ugoslavia
More informationPower of the law, power to the people: pursuing innovative legal strategies in human rights advocacy
18 Power of the law, power to the people: pursuing innovative legal strategies in human rights advocacy Tanja Venisnik 1 The use of legal tools and mechanisms in human rights advocacy can play a significant
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 14.7.2006 COM(2006) 409 final COMMUNICATION FROM THE COMMISSION TO THE COUNCIL Contribution to the EU Position for the United Nations' High Level Dialogue
More informationDraft articles on the effects of armed conflicts on treaties
Draft articles on the effects of armed conflicts on treaties 2011 Adopted by the International Law Commission at its sixty-third session, in 2011, and submitted to the General Assembly as a part of the
More informationSETTLEMENT OF DISPUTES CLAUSES. [Agenda item 15] Note by the Secretariat
SETTLEMENT OF DISPUTES CLAUSES [Agenda item 15] DOCUMENT A/CN.4/623 Note by the Secretariat [Original: English] [15 March 2010] CONTENTS Multilateral instruments cited in the present document... 428 Paragraphs
More informationThe Association Agreement between the EU and Moldova
Moldova State University Faculty of Law Chisinau, 12 th February 2015 The Association Agreement between the EU and Moldova Environmental Cooperation Gianfranco Tamburelli Association Agreements with Georgia,
More informationJOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT
INFCIRC/546 24 December 1997 INF International Atomic Energy Agency INFORMATION CIRCULAR GENERAL Distr. Original: ARABIC, CHINESE, ENGLISH, FRENCH, RUSSIAN and SPANISH JOINT CONVENTION ON THE SAFETY OF
More informationThe SCS Arbitration & the Marine Environment. Robert Beckman Centre for International Law National University of Singapore
2017 SOUTH CHINA SEA WORKSHOP SCS Arbitration and Incidental Maritime Issues 16-17 June 2017, Da Nang, Viet Nam Session 1. Preservation of the Marine Environment The SCS Arbitration & the Marine Environment
More informationAsia-Pacific Security-Economics Dynamics: Insights from Negotiation Analysis
Asia-Pacific Security-Economics Dynamics: Insights from Negotiation Analysis by Kaewkamol Pitakdumrongkit Presentation for the ISA Hong Kong Conference, 15 th -17 th June 2017, Hong Kong University, Hong
More informationTRADE AND SUSTAINABLE DEVELOPMENT
Disclaimer: The negotiations between the EU and Japan on the Economic Partnership Agreement (the EPA) have been finalised. In view of the Commission's transparency policy, we are hereby publishing the
More information( 3 ) Report of the Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities
( 3 ) Report of the Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities Summary The present report contains the study on outer space transparency and
More informationSiem Reap, June 26, 2006
Kingdom of Cambodia Nation - Religion - King Keynote Address by Samdech Hun Sen Prime Minister of the Royal Government of Cambodia At the Seminar on Accelerating Development in the Mekong Region The Role
More informationDiversity of Cultural Expressions
Diversity of Cultural Expressions 2 CP Distribution: limited CE/09/2 CP/210/7 Paris, 30 March 2009 Original: French CONFERENCE OF PARTIES TO THE CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY
More informationReview Conference of the Rome Statute
International Criminal Court Review Conference of the Rome Statute RC/WGCA/1 Distr.: General 25 May 2010 Original: English Kampala 31 May 11 June 2010 Conference Room Paper on the Crime of Aggression A.
More informationArms. T reaty. peace and security with the least diversion for resources, Underlining asdf the need to prevent and eradicate
Preamble The States Parties to this Treaty, Guided by the purposes and principles of the Charter of the United Nations, Recalling Article 26 of the Charter of the United Nations which seeks to promote
More informationTRADE AND SUSTAINABLE DEVELOPMENT
Disclaimer: the negotiations between EU and Japan on Economic Partnership Agreement are not concluded yet, therefore the published texts should be considered provisional and not final. In particular, the
More informationAppendix II STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS. Conscious of the need for global action on persistent organic pollutants,
Appendix II STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS The Parties to this Convention, Recognizing that persistent organic pollutants possess toxic properties, resist degradation, bioaccumulate
More informationAGREEMENT. Establishing. the International Organisation of Vine and Wine
AGREEMENT Establishing the International Organisation of Vine and Wine Preamble Through an international Agreement concluded on 29 November 1924, the Governments of Spain, France, Greece, Hungary, Italy,
More informationCHAPTER 1 GENERAL PROVISIONS. Article 1.1 Objectives. The objectives of this Framework Agreement are to:
FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC COOPERATION AMONG THE GOVERNMENTS OF THE MEMBER COUNTRIES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE REPUBLIC OF KOREA The Governments of Brunei
More informationINTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA TRIBUNAL INTERNATIONAL DU DROIT DE LA MER
INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA TRIBUNAL INTERNATIONAL DU DROIT DE LA MER Building Transformative Partnerships for Ocean Sustainability: The Role of ITLOS Statement by Judge Jin-Hyun Paik
More informationCONVENTION ON THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES IN THE SOUTH EAST ATLANTIC OCEAN (as amended by the Commission on 4 October 2006)
CONVENTION ON THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES IN THE SOUTH EAST ATLANTIC OCEAN (as amended by the Commission on 4 October 2006) The Contracting Parties to this Convention, COMMITTED
More informationFRAMEWORK FOR COMPREHENSIVE ECONOMIC PARTNERSHIP BETWEEN THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND JAPAN
FRAMEWORK FOR COMPREHENSIVE ECONOMIC PARTNERSHIP BETWEEN THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND JAPAN WE, the Heads of State/Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic
More informationCohesion and competitiveness of the Baltic Sea Region
OFFICE OF THE COMMITTEE FOR EUROPEAN INTEGRATION Cohesion and competitiveness of the Baltic Sea Region Contribution from the Government of the Republic of Poland into works on the EU Strategy for the Baltic
More informationACTS OF THE PAN AFRICAN POSTAL UNION
PAN AFRICAN POSTAL UNION PAPU/UPAP ACTS OF THE PAN AFRICAN POSTAL UNION REVISED IN YAOUNDE (CAMEROON) BY THE PLENIPOTENTIARY CONFERENCE ARUSHA 1988 GENERAL SECRETARIAT OF THE PAN AFRICAN POSTAL UNION PAN
More informationRECOGNISING the importance of capacity building through human resource development to face challenges of globalisation; and
Framework Agreement on Comprehensive Economic Cooperation Among the Governments of the Member Countries of the Association of Southeast Asian Nations and the Republic of Korea Kuala Lumpur, 13 December
More informationCOVER OTE General Secretariat Delegations Council conclusions and draft Code of Conduct for outer space activities
COU CIL OF THE EUROPEA U IO Brussels, 17 December 2008 17175/08 PESC 1697 CODU 61 COVER OTE from : to : Subject : General Secretariat Delegations Council conclusions and draft Code of Conduct for outer
More informationDECEMBER 13, 2005 GREAT LAKES ST. LAWRENCE RIVER BASIN SUSTAINABLE WATER RESOURCES AGREEMENT
DECEMBER 13, 2005 GREAT LAKES ST. LAWRENCE RIVER BASIN SUSTAINABLE WATER RESOURCES AGREEMENT The State of Illinois, The State of Indiana, The State of Michigan, The State of Minnesota, The State of New
More informationFCCC/CP/2015/10/Add.1 Annex Paris Agreement
Annex Paris Agreement The Parties to this Agreement, Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as the Convention, Pursuant to the Durban Platform
More informationCOUNCIL OF THE EUROPEAN UNION. Brussels, 11 October /10 PESC 1234 CODUN 34 ESPACE 2 COMPET 284
COUNCIL OF THE EUROPEAN UNION Brussels, 11 October 2010 14455/10 PESC 1234 CODUN 34 ESPACE 2 COMPET 284 NOTE from: General Secretariat to: Delegations Previous doc. 17175/08 PESC 1697 CODUN 61 Subject:
More information7517/12 MDL/ach 1 DG I
COUNCIL OF THE EUROPEAN UNION Brussels, 12 March 2012 7517/12 ENV 199 ONU 33 DEVGEN 63 ECOFIN 241 ENER 89 FORETS 22 MAR 23 AVIATION 43 INFORMATION NOTE from: General Secretariat to: Delegations Subject:
More informationVienna Convention on the Law of Treaties
Vienna Convention on the Law of Treaties The Convention was adopted on 22 May 1969 and opened for signature on 23 May 1969 by the United Nations Conference on the Law of Treaties. The Conference was convened
More informationTREATY BETWEEN THE REPUBLIC OF TRINIDAD AND TOBAGO AND GRENADA ON THE DELIMITATION OF MARINE AND SUBMARINE AREAS
TREATY BETWEEN THE REPUBLIC OF TRINIDAD AND TOBAGO AND GRENADA ON THE DELIMITATION OF MARINE AND SUBMARINE AREAS The Republic of Trinidad and Tobago and Grenada, hereinafter referred to singly as a Contracting
More informationBasel Convention. on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
Previously published as MiSccllaneouS No. 4 (1990) Cm 984 POLLUTION Treaty Series No. 100 (1995) Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Opened
More informationEU-China Summit Joint statement Brussels, 9 April 2019
EU-China Summit Joint statement Brussels, 9 April 2019 Introduction 1. H.E. Donald Tusk, President of the European Council, H.E. Jean-Claude Juncker, President of the European Commission, and H.E. Li Keqiang,
More informationBasic Texts. of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2017 EDITION
United Nations Educational, Scientific and Cultural Organization Diversity of Cultural Expressions Basic Texts of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions
More informationStatement. Mr. Christian Friis Bach. United Nations Under-Secretary-General Executive Secretary of the United Nations Economic Commission for Europe
PLEASE CHECK AGAINST DELIVERY Statement by Mr. Christian Friis Bach United Nations Under-Secretary-General Executive Secretary of the United Nations Economic Commission for Europe at the Budapest Water
More informationOpportunities for participation under the Cotonou Agreement
3 3.1 Participation as a fundamental principle 3.2 Legal framework for non-state actor participation Opportunities for participation under the Cotonou Agreement 3.3 The dual role of non-state actors 3.4
More informationFREE TRADE AGREEMENT BETWEEN THE REPUBLIC OF TURKEY AND THE REPUBLIC OF CHILE
FREE TRADE AGREEMENT BETWEEN THE REPUBLIC OF TURKEY AND THE REPUBLIC OF CHILE PREAMBLE The Republic of Turkey and the Republic of Chile (hereinafter referred to as the Parties or Turkey or Chile where
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION Committee on Regional Trade Agreements WT/REG203/1 19 September 2005 (05-4125) Original: English FREE TRADE AGREEMENT BETWEEN TURKEY AND TUNISIA The following joint communication,
More informationBasic Texts. of the 2005 Convention on the Protection and Promotion of the Diversity of. Cultural Expressions 2015 EDITION.
United Nations Educational, Scientific and Cultural Organization Diversity of Cultural Expressions Basic Texts of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions
More information16. Emphasizing that regulation of the international trade in conventional arms should not
PREAMBLE The States Parties to this Treaty. 1. Guided by the purposes and principles of the Charter of the United Nations. 2. Recalling that the charter of the UN promotes the establishment and maintenance
More informationVienna Convention on the Law of Treaties 1969
Vienna Convention on the Law of Treaties 1969 Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331 Copyright United Nations 2005 Vienna
More informationHave agreed to the present Charter.
OAU CHARTER We, the Heads of African States and Governments assembled in the City of Addis Ababa, Ethiopia, Convinced that it is the inalienable right of all people to control their own destiny, Conscious
More informationSalman M.A. Salman a a Fellow, International Water Resources Association (IWRA) Published online: 08 Aug 2014.
This article was downloaded by: [Salman M. A. Salman] On: 13 August 2014, At: 10:49 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer
More informationT H E B E N G U E L A C U R R E N T C O M M I S S I O N
G L O B A L E N V I R O N M E N T F A C I L I T Y T H E B E N G U E L A C U R R E N T C O M M I S S I O N DESIGN & PRINTING: GÜNTHER KOMNICK STUDIO CAPE TOWN The Benguela Current Commission is the first
More informationArticle (peer-reviewed)
Title Author(s) The World Court's emphasis on procedural rules in the recent Pulp Mills case: contributing to the progressive and coherent development of international water law McIntyre, Owen Publication
More informationTreaty on the Prohibition of Nuclear Weapons Signature and Ratification
Recognizing that a legally binding prohibition of nuclear weapons constitutes an important contribution towards the achievement and maintenance of a world free of nuclear weapons, including the irreversible,
More informationVademecum on European Standardisation
EUROPEAN COMMISSION ENTERPRISE AND INDUSTRY DIRECTORATE-GENERAL New Approach Industries, Tourism and CSR Standardisation Vademecum on European Standardisation Part II European standardisation in support
More informationVIENNA CONVENTION ON THE LAW OF TREATIES
VIENNA CONVENTION ON THE LAW OF TREATIES SIGNED AT VIENNA 23 May 1969 ENTRY INTO FORCE: 27 January 1980 The States Parties to the present Convention Considering the fundamental role of treaties in the
More informationPROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY
PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY PREAMBLE The States Parties to this Protocol to the Antarctic Treaty, hereinafter referred to as the Parties, Convinced of the need to enhance
More informationTHE KANDY PROGRAM OF ACTION : COOPERATION BETWEEN NATIONAL INSTITUTIONS AND NON- GOVERNMENTAL ORGANISATIONS
THE KANDY PROGRAM OF ACTION : COOPERATION BETWEEN NATIONAL INSTITUTIONS AND NON- GOVERNMENTAL ORGANISATIONS Asia Pacific Forum of National Human Rights Institutions Workshop on National Institutions and
More informationThe Egyptian Cabinet Information and Decision Support Center
1 Fourth Think Tanks Forum of the OIC Countries Economic Integration within the OIC Countries: Prospects and Challenges Concept Note 26-26 March, 2013 Cairo - Egypt 2 1. About the Forum of Think Tanks
More informationCompleted on November 19, 2012
ASEAN China Free Trade Agreement 2012 Protocol to Incorporate Technical Barriers to Trade and Sanitary and Phytosanitary Measures into the Agreement on Trade in Goods Completed on November 19, 2012 This
More informationTerms of Reference Individual Consultant to support training in Hydro-Diplomacy
Terms of Reference Individual Consultant to support training in Hydro-Diplomacy 1. Introduction In 1999, Nile Basin riparian countries (Burundi, DR Congo, Egypt, Ethiopia, Kenya, Rwanda, The Sudan, Tanzania,
More informationCHAPTER 6 TECHNICAL BARRIERS TO TRADE
CHAPTER 6 TECHNICAL BARRIERS TO TRADE Article 6.1 : Objectives The objectives of this Chapter are to: increase and facilitate trade through enhancing the Parties implementation of the TBT Agreement and
More informationAGREEMENT ON LABOUR COOPERATION BETWEEN CANADA AND HASHEMITE KINGDOM OF JORDAN PREAMBLE
AGREEMENT ON LABOUR COOPERATION BETWEEN CANADA AND HASHEMITE KINGDOM OF JORDAN PREAMBLE CANADA and THE HASHEMITE KINGDOM OF JORDAN (Jordan) hereinafter referred to as the Parties : RECALLING their desire
More informationAgreement on Disaster Management and Emergency Response Vientiane, 26 July 2005
Agreement on Disaster Management and Emergency Response Vientiane, 26 July 2005 The Parties to this Agreement, REAFFIRMING their commitment to the aims and purposes of the Association of Southeast Asian
More informationorigin flash Questions to be Addressed in Response to the Survey on the Lisbon System
origin flash Questions to be Addressed in Response to the The Basis for Protection in the Country of Origin Some have interpreted the phrase recognized and protected as such in Article 1(2) of the Lisbon
More informationParis, January 2005 Original: English UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION
Distribution: Limited Paris, January 2005 Original: English UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION INTERGOVERNMENTAL COMMITTEE FOR PROMOTING THE RETURN OF CULTURAL PROPERTY TO
More informationLegal Submission to the Maastricht Panel of Arbitration
Legal Submission to the Maastricht Panel of Arbitration Legal Submission to the Maastricht Panel of Arbitration By: The Kingdom of Shauna Shauna Representative: Alison Caless ID: i6056159 Tutorial Group
More informationLegal considerations relating to a possible gap between the first and subsequent commitment periods
United Nations Framework Convention on Climate Change FCCC/KP/AWG/2010/10 Distr. General 20 July 2010 Original: English Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol
More informationBEARING IN MIND that the Protocol has not entered into force;
INSTRUMENT OF INCORPORATION OF THE RULES FOR REFERENCE OF UNRESOLVED DISPUTES TO THE ASEAN SUMMIT TO THE PROTOCOL TO THE ASEAN CHARTER ON DISPUTE SETTLEMENT MECHANISMS The Governments of Brunei Darussalam,
More informationTreaty of Good-Neighborliness and Friendly Cooperation between the People's Republic of China and the Russian Federation
Treaty of Good-Neighborliness and Friendly Cooperation Between the People's Republic of China and the Russian Federation 2001/07/24 On July l6, 2001, President Jiang Zemin of the People's Republic of China
More informationRECOGNISING the importance of capacity building through human resource development to face challenges of globalisation; and
Framework Agreement on Comprehensive Economic Cooperation Among the Governments of the Member Countries of the Association of Southeast Asian Nations and the Republic of Korea Kuala Lumpur, 13 December
More informationRecognizing that not all Parties to this Agreement are Parties to the Convention on Environmental Impact Assessment in a Transboundary Context,
MULTILATERAL AGREEMENT AMONG THE COUNTRIES OF SOUTH-EASTERN EUROPE FOR IMPLEMENTATION OF THE CONVENTION ON ENVIRONMENTAL IMPACT ASSESSMENT IN A TRANSBOUNDARY CONTEXT The Parties to this Agreement, Recognizing
More information