Overview on existing international and multilateral agreements relevant to the tasks of the Working Group

Transcription

1 MCPFE Working Group on exploring the potential added value of and possible options for a legally binding agreement on forests in the pan-european region Background Document 1: Overview on existing international and multilateral agreements relevant to the tasks of the Working Group Authors: Helga Pülzl, Doris Wydra, Christoph Wildburger Department Political Science and Sociology Salzburg Centre of European Union Studies Rudolfskai 42 A-5020 Salzburg Dr. Christoph Wildburger Consultancy Lilienbrunngasse 18 A-1020 Vienna 1

2 Table of Contents 1 INTRODUCTION LEGALLY BINDING AGREEMENTS RELATED TO FORESTS AMERICA AFRICA EUROPE ASIA OTHERS MULTILATERAL ENVIRONMENTAL AGREEMENTS AN OVERVIEW ACCIDENTS AIR POLLUTION ANTARCTIC ANTI PERSONNEL MINES ANIMALS ENERGY ENVIRONMENTAL MODIFICATION TECHNIQUES FISHERIES GOODS/SEA IMPACT ASSESSMENT INFORMATION LIABILITY MOTOR VEHICLE NATURAL HERITAGE NATURE PROTECTION NUCLEAR POLICY OUTER SPACE PLANTS POLLUTION SALMON SHIPS SOVEREIGNTY STRATOSPHERE TECHNOLOGICAL DISASTERS TRADE WASTE WATER PROTECTION WATER / SEA WEAPONS WHALES CONVENTIONS OF THE COUNCIL OF EUROPE FULL LIST OF CONVENTIONS GENERAL/ STATUS OF COUNCIL HUMAN RIGHTS MINORITIES MINORS AND CHILDREN CULTURE/ COMMON HERITAGE BROADCASTING CYBERCRIME/ DATA PROTECTION ENVIRONMENT SOCIAL PROTECTION/ INSURANCE ANIMAL HEALTH MEDICINE/ PHARMACY/ PUBLIC HEALTH EDUCATION

3 4.14 LEGAL MATTERS STATE COOPERATION SPORTS

4 1 Introduction The analysis showed that about 142 international environmental and/ or forest-related agreements have been currently concluded by countries and international organisations: 127 international environmental and environmental related agreements (of which 53 explicitly European) ~15 forest-related agreements 1 Among the forest-related agreements are four European: The Alpine Convention, the Berne Convention on the Conservation of European Wildlife and Natural Habitats, the European Landscape Convention and the Carpathian Convention. Five are American legally binding agreements: Central American Forest Convention, Amazon Cooperation Treaty, North American Agreement on Environmental Cooperation, Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere and the Central American Convention for the Protection of the Environment. Three agreements relate to the African regions: Yaounde Declaration for the Central Africa Forests Commission, African Convention on the Conservation of Nature and the agreement for Natural Resources and the Common Market for Eastern and Southern Africa. Two forest-related agreements are Asian: ASEAN Agreement on the Conservation of Nature and Natural Resources and the Convention on the Conservation of Nature in the South Pacific; the International Tropical Timber Agreement targets tropical forests, but is mostly considered a global agreement. An overview on the forest-related and environmental agreements can be found in the present report. All agreements differ among others with regard to thematic topics addressed and covered, specificity, scope, geographical scope, (new) bodies and institutional structure established, date and place of adoption, and depository: The analysis showed that the following thematic areas are well covered (see Table 1) among international and European agreements related to environmental matters: water protection, species and nature protection, pollution, fisheries. Global agreements tend to cover more the following thematic areas via legal agreements: accidents, nuclear power, liability issues, water/use, weapons, waste and aspects related to outer space. 1 Only agreements have been included in the analysis that explicitly relate to forests or management of forests; therefore agreements that establish institutions such as e.g. the European Forest Institute have been excluded from the analysis and cannot be found in the annex to the present interim report 4

5 Table 1: Thematic topics covered by international environmental agreements Among the first European agreements agreed to were the Treaty concerning the Regulation of Salmon Fishery in the Rhine River Basin in 1885 and the Convention for the Protection of Birds Useful to Agriculture in The Treaty regulating the Status of Spitsbergen and conferring the Sovereignty on Norway was issued in 1920 followed by the Convention for the Regulation of Whaling in 1931 at the global level. Some of those agreements are very specific in their aims and contents, while others leave more leeway to countries to achieve the objectives of the international agreements. For example the global Agreement on Conservation of Polar Bears prohibits the taking of polar bears, except for scientific purposes or to prevent the disruption of the management of living resources; the European agreement on the Conservation of Seals in the Wadden Sea promotes close cooperation amongst the Parties for its conservation. The agreements vary also according to their scope: many are truly global, others are European, while some have a more specific scope and involve for instance only a very limited number of parties as they address a limited geographical scope, e.g. the North-East Atlantic Fisheries Convention (arctic and north Atlantic or the Convention for the Conservation of Antarctic Seals. The analysis showed that a number of environmental related agreements have been formulated among the group of northern and the Benelux countries. Some agreements have limited thematic scope that concerns only a limited number of countries that have thus 5

6 agreed to formulate an international agreement, e.g. Convention on Nuclear Safety that applies to the safety of nuclear installations only; countries without nuclear installations are therefore not included. Some of the agreement provide for new bodies and a complex institutional structure others don t: for example the Convention on the Protection of the Black Sea against Pollution provides for the establishment of Commission on the Protection of the Black Sea against Pollution; the Convention for the Protection of the Marine Environment of the North-East Atlantic for instance establishes a Commission, made up of representatives of each Party. Very often legal agreements establish a kind of secretariat or make use of already existing secretariats that fulfil similar tasks. Some have a conference of the parties that meets to discuss the implementation and/or the revision of the agreement; e.g. the Convention on Wetlands of International Importance especially as Waterfowl Habitat establishes such a conference of the parties. Some agreements establish so-called mixed commission; e.g. the Convention concerning Fishing in the Black Sea has such a commission to work out measures to regulate fishing, to amend article 5, to co-ordinate research and to exchange information; Others establish new organisations that are designated to work with already existing organisations; e.g. the Convention for the Establishment of the European and Mediterranean Plant Protection Organisation establishes such an organisation that is tasked to act, with FAO, as a regional plant protection organisation for the introduction and spread of pests and diseases of plants and plant products. Others rely on national authorities for implementation; e.g. the Cooperation Agreement on the Forecast, Prevention and Mitigation of Natural and Technological Disasters asks the national authority to act as a coordinator for the implementation of this Agreement. Regarding date and place of adoption the analysis showed that a number of international and European agreements have been formulated during the 1960ies relating to fisheries, water and sea, nuclear power and accidents, outer space during the 1970ies relating to nature and species protection, nuclear power, outer space, pollution, trade, liability issues, during the 1980ies again relating to nuclear power, nature protection, pollution, waste, during the 1990ies relating to pollution, impact assessments, water protection, weapons, nature protection, waste, and in the last decade relating to pollution, liability issues, water and nature, nuclear power issues. Date and place of adoption vary considerably. However it seems that most international agreements have been adopted in European cities such as Geneva (as UN headquater), Brussels, Vienna (for nuclear related issues), Paris, Bonn, Stockholm, Oslo, Bern, other also in Kiev, Moscow, Washington or New York. Usually the country where the treaty has been concluded functions also as depository; sometimes treaties are deposit with the United Nations or an Organisation of the United Nations, e.g. the United Nations Economic Commission for Europe or an organisation within the United Nations family, e.g. the International Atomic Energy Agency, the Food and Agricultural Organisation, the International Maritime Organisation, the UNESCO; also the OECD or the Council of Europe (CoE) or the European Community may serve as depository. As the Council of Europe serves ad depository for many convention in Europe, the annex of the present report includes a full list of all conventions. The most important European conventions relate to human rights, minority rights, minors and children, culture and common heritage, broadcasting, cybercrime and data protection, environment, social protection and insurance, animal health, medicine and public health, education, legal matters, state cooperation and sports. 6

7 2 Legally Binding Agreements Related to Forests 2.1 America Name Year Region Objectives/Content Status 1993 Central America Control change in land-use of forest areas Recovery of deforested areas Reorienting settlement policies Promoting land-use and sustainable development Regional Convention for the Management and Conservation of Natural Forest Ecosystems and Development of Forestry Plantations [Central American Forest Convention] ACT Treaty for Amazonian Cooperation North American Agreement on Environmental Cooperation Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere Central American Convention for the Protection of the Environment 1978 Amazon Basin Sustainable development Environmental preservation International cooperation Tackles forest issues specifically in implementation 1993 North America Promotion environmental protection Enforcement of national environmental laws Side-agreement to NAFTA 1940 America Wildlife conservation Designation of protected areas 1989 Central America Coordinated action for sustainable development and conservation Determine the priority areas for action, including for tropical forest management (Art II g) 6 signatories Implementation coordinated by Central American Council on Forests (CCAB) 8 signatories 5 cooperative organisations Plan of Implementation 2005 Strategic Plan 3 signatories Coordination of implementation by Commission on Environmental Cooperation (CEC) tackles forest issues 22 signatories Not rigorously implemented, no activities at the moment 5 signatories to be renewned every 10 years status to be confirmed 2.2 Africa 7

8 Yaounde Declaration / COMIFAC Central Africa Forests Commission African Convention on the Conservation of Nature and Natural Resources COMESA Common Market for Eastern and Southern Africa 2005 Central Africa Biodiversity conservation Sustainable forest management Social and economical sustainability 17 commitments 1968 (2003 revised ) Africa 1994 Eastern and Southern Africa Conservation and sustainable development of natural resources Conservation areas including forest reserves Promoting regional economic integration through trade and investment Forestry issues in strategy and agricultural policy 10 signatories 15 cooperative organisations Plan of implementation 40 signatories tbc 2003: 36 signatories (8 have ratified) 23 signatories 2.3 Europe Alpine Convention Protocol on Mountain Forests Convention on the Conservation of European Wildlife and Natural Habitats 1996 Alpine region Maintenance and development of mountain forest areas as natural habitat Improvement of stability of mountain forest ecosystems 1979 Europe Protection of species Conservation of habitats Forests species and habitats to be protected are included in annexes European Landscape Convention 2000 Introduction of landscape quality objectives into protection, management and planning of geographical areas Addresses forests only indirectly Carpathian Convention [possible Protocol on Forests work in progress] 2003 Capathian Cooperation on protection of natural and cultural heritage and sustainable development of Carpathians multi-sectoral policy coordination, joint strategies 8 signatories (5 ratified) 47 signatories (46 ratified) Council of Europe coordinates implementation 35 (29 ratified) Council of Europe coordinates implementation 7 signatories & ratified 8

9 2.4 Asia ASEAN Agreement on the Conservation of Nature and Natural Resources Convention on the Conservation of Nature in the South Pacific [Apia] 1985 South East Asia Protection of natural resources integrating conservation and development efforts Article 6 on conservation of forest resources (vegetation, soil, water, genetic resources, diversity, ecosystems) 1976 South Pacific Creation of protected areas including forest areas Conservation of endangered species Protection of indigenous flora and fauna outside protected areas 7 (6 ratified) 6 signed / accessed (5 ratified) Coordination of implementation by South Pacific Regional Environment Programme (SPREP) 2.5 Others ITTA International Tropical Timber Agreement 1994 Targeted on tropical forests, but global participation (mostly considered as global instrument) International cooperation Framework for policy development Promote SFM Research and development Transparent communication Information dissemination 59 signatories (23 producing countries, 26 consuming countries) 22 cooperative organisations Policy development and decisionmaking process in ITTO 9

10 3 Multilateral environmental agreements an overview THEME NAME of CONVENTION/ AGREEMENT / TREATY [marked in green + asterisk, are explicitly European (# 53)] Date of Adoption & Place Objectives / Content Body Status 3.1 Accidents Accidents Accidents Accidents Convention on Transboundary Effects of Industrial Accidents Agreement on transboundary cooperation with a view to preventing or limiting harmfull effects for human beings, property or the environment in the event of accidents Nordic Mutual Emergency Assistance Agreement in connection with Radiation Accidents Helsinki Stockholm Vienna To enhance individual and collective national responsibility and capacity in the prevention and control of industrial accidents, as well as the trans-boundary effects of such accidents with a view to protecting human life and environmental safety. Scope: applies 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. To prevent transboundary cooperation with a view to preventing or limiting harmful effects for human beings, property or the environment in the event of accidents Scope: Demark, Finland, Norway, Sweden, Iceland To assist Contracting Parties in the event of an accident involving damage from ionizing radiation and to establish the terms upon which a Contracting State requesting assistance (the Requesting State) may use the assistance provided by another Contracting State or by the International Atomic Energy Agency (Assisting Party). Scope: Europe Conference of the Parties Executive Secretary of the Economic Commission for Europe shall carry out the secretariat functions 19 April 2000 Depository: UN Not specific 09 August 1989 Depository: Sweden Article IX provides for a dispute settlement procedure, including arbitration or the International Court of Justice. 19 June 1964 Depository: IAEA 10

11 3.2 Air pollution Air pollution Convention on Long-Range Transboundary Air Pollution Geneva To protect man and his environment against air pollution and to endeavour to limit and, as far as possible, gradually reduce and prevent air pollution, including long-range transboundary air pollution. Scope: regional An Executive Body is established within the framework of the Senior Advisers to ECE Governments on Environmental Programmes, to inter alia review the implementation of the Convention and establish, as appropriate, working groups to consider matters related to the implementation and development of the Convention, and to this end to prepare appropriate studies and recommendations. (art.10) 16 March 1983 Depository: UN 3.3 Antarctic Antarctic The Antarctic Treaty Washington To ensure that Antarctica is used for peaceful purposes, for international cooperation in scientific research, and does not become the scene or object of international discord. Scope: Antarctica Meetings of Parties are to be held for consultation and to formulate and recommend measures to further the objectives of the Treaty. 23 June 1961 Depository: United States of America 3.4 Anti Personnel Mines Anti-Personnel Mines Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction Oslo To put an end to the suffering and casualties caused by anti-personnel mines. Scope: global database on mine clearance (art.6.6) and report to the UN Secretary General of the of other information listed in article 01 March 1999 Depository: UN 11

12 3.5 Animals Animals Animals Agreement on the Conservation of Bats in Europe Agreement on Conservation of Polar Bears London Oslo It requires Parties to prohibit the deliberate capture, keeping or killing of bats except under a permit from the competent authorities and to identify those sites within areas under their jurisdiction which are important for the conservation status of bats including their shelter and protection. Parties must protect these sites from damage or disturbance, taking into account as necessary economic and social considerations. They have also the obligation to endeavour to identify and protect important feeding areas for bats. Scope: applies to all European populations of bats occurring in Europe and in the non-european Range States of such populations. constitutes an AGREEMENT under the Convention of Migratory Species of Wild Animals ( Bonn Convention). Prohibits the taking of polar bears, except for scientific purposes or to prevent the disruption of the management of living resources. Scope: Canada, Denmark, Norway, Russian Federation, United States of America 7. A mechanism for facilitation and clarification of compliance established by article 8; State Parties undertake to meet regularly to consider any matter with regard to the implementation of the Convention (Art. 11) and a Review Conferences are to be convened by the UN Secretary General (art. 12). provides for periodic meetings of the Parties and for the submission by each Party at such meetings of an up to date report on its implementation 16 January 1994 Depository: United Kingdom Not specific 26 May 1976 Depository: Norway Animals Agreement on the Conservation of It applies to all migratory waterbirds species listed in an Meeting of the Parties 01 November

13 Animals Animals Animals Animals African-Eurasian Migratory Waterbirds Benelux Convention on the Hunting and Protection of Birds International Convention for the Protection of Birds Convention for the Protection of Birds Useful to Agriculture Convention on the Conservation of Migratory Species of Wild Animals The Hague Brussels Paris Paris Bonn Annex. General conservation provisions apply to these species. More detailed provisions are laid down in an Action Plan. It forms an integral part of the Agreement and is binding upon the Parties. It may be amended by any meeting of the Parties by a two-third majority of the Parties present and voting; such amendments enter into force for all Parties 90 days after their adoption. Parties that have made a reservation in respect of an amendment are however not bound by it. The Action Plan specifies actions which Parties shall undertake in relation with priority species and issues. Priority issues include the provision of legal protection to species, habitat conservation measures, management of human activities, research and monitoring, education and information, and implementation measures. Priority species are listed in a Table appended to the Action Plan. Scope: constitutes an AGREEMENT under the Convention of Migratory Species of Wild Animals ( Bonn Convention). To harmonise legislation and regulations relating to hunting and the protection of wild birds in the three Contracting States. Scope: Benelux countries To protect birds in their wild state, considering that in the interests of science, the protection of nature and the economy of each nation, all birds should as a matter of principle be protected. Scope: Europe / Arctic To preserve birds useful to agriculture. Scope: Europe Parties to the Convention acknowledge the need to take action to avoid any migratory species becoming endangered; provides that, in particular, the Parties should promote, co-operate in and support research relating to migratory species and shall endeavour to provide immediate protection for migratory species included in Technical Committee Agreement Secretariat Depository: Netherlands Not specific 01 July 1972 Depository: Benelux Not specific 17 January 1963 Depository: France Not specific 06 December 1905 Depository: France Conference of the Parties 01 November 1983 to review the Depository: Germany implementation of the Convention and to amend the appendices, a Scientific Council and a Secretariat 13

14 Animals Animals Civil jurisdiction Agreement on the Conservation of Seals in the Wadden Sea Convention for the Conservation of Antarctic Seals International Convention on Certain Rules concerning Civil Jurisdiction in Matters of Collision Bonn London Brussels Appendix I and to conclude agreements covering the conservation and management of migratory species included in Appendix II Scope: Applies to migratory species To promote close cooperation amongst the Parties in the conservation of the seal population in the Wadden Sea, thus enhancing also the existing legal framework for the conservation of migratory species of wild animals, as provided for in the 1979 Convention on the Conservation of Migratory Species of Wild Animals. Scope: Wadden Sea Relates to all species of seal in the sea south of 60 South. The Convention contains a prohibition on the killing or taking of seals otherwise than in accordance with the Convention, which confers absolute protection on some species. Scope: Antarctica To establish certain uniform rules relating to civil jurisdiction in matters of collision. Scope: global Not specific 01 October 1991 Depository: Germany Not specific 11 March 1978 Depository: United Kingdom Not specific 14 September 1955 Depository: Belgium 3.6 Energy Energy Energy Charter Treaty Lisbon establishes a legal framework in order to promote longterm co-operation in the energy field, based on complementarities and mutual benefits, in accordance with the objectives and principles of the Charter. Scope: multi-lateral Energy Charter Conference Secretariat 16 April 1998 Depository: Portugal 3.7 Environmental modification techniques Environmental modification techniques Convention on the Prohibition of Military or any other Hostile Use of Environmental Modification Techniques Geneva To effectively prohibit military or any other hostile use of environmental modifications techniques in order to eliminate the dangers to mankind from such use. Scope: global / arctic area Any Party which has reason to believe that any other State Party is acting in breach of its obligations may lodge a complaint with the Security Council 05 October 1978 Depository: UN 14

15 of the United Nations (art. V.3-5). Five years after the entry into force of the Convention, a conference of the State Parties is to be convened to review the operation of the Convention. Thereafter, a majority of the State Parties may obtain the convening of a conference with the same objectives (art. VIII). 3.8 Fisheries Fisheries Fisheries Fisheries Agreement between the Government of Norway, the Government of Iceland, and the Government of the Russian Federation concerning certain aspects of cooperation in the area of fisheries Convention on multilateral cooperation in North-East Atlantic fisheries Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts St. Petersburg London Gdansk To serve the purposes of ensuring long-term conservation and sustainable utilisation of fish stocks. The Parties declare to be committed to the principle of responsible fishing and pledge to promote and conduct marine scientific research and to base management measures for relevant stocks on the best scientific advice Scope: Norway, Iceland, Russian Federation Convention shall be deemed to affect the rights, claims, or views of any Contracting Party with regard to the limits or extent of jurisdiction over fisheries Scope: parts of the Atlantic and Arctic Oceans excluding Baltic Sea and the Belts and Mediterranean Sea and its dependent seas To achieve greater and closer cooperation between the Parties in order to maintain the maximum stable productivity of the living resources of the region. Scope: Convention applies only to the Baltic Sea and the Belts, but it covers all fish species encountered there, some of which are migratory. Not specific North-East Atlantic Fisheries Commission (Art.3) An International Baltic Sea Fishery Commission is established (art. 5). It is to keep under review the living resources and fisheries of the region by collecting, analysing and 17 March 1982 Depository: United Kingdom 28 July 1974 Depository: Poland 15

16 Fisheries Fisheries Convention on Conduct of Fishing Operations in the North Atlantic Agreement on Reciprocal Access to Fishing in the Skagerrak and the Kattegat London Copenhagen Fisheries Fisheries Convention London Fisheries Convention concerning Fishing in the Black Sea Varna To ensure good order and conduct on the fishing grounds in the North Atlantic area Scope: applies to the waters of the Atlantic and Arctic Oceans and their dependent seas which are more specifically defined in Annex I to this Convention To maintain the access of fishermen of Denmark, Sweden and Norway to the fishery resources in the areas of the Skagerrak and the Kattegat. Scope: Europe Each Contracting Party recognizes the right of any other Contracting Party to establish the fishery regime described in Articles 2 to 6 of the Convention. Scope: Europe To ensure the rational utilisation of the fishery resources and the development of marine fishing in the Black Sea. Scope: Europe disseminating data, to draft proposals to co-ordinate scientific research, and to submit recommendations to the Parties based on scientific research (art. 9). Such recommendations are to concern regulation of fishing gear, size limits of fish, closed seasons or areas, improving and increasing marine resources, total allowable catch and any other measure related to the conservation of these resources (art. 10). Not specific 26 September 1976 Depository: United Kingdom Not specific 07 August 1967 Depository: Denmark Not specific 15 March 1966 Depository: United Kingdom A Mixed Commission is established to work out measures to regulate fishing, to amend article 5, to co-ordinate research and 21 March 1960 Depository: Bulgaria 16

17 Fisheries Fisheries Fisheries Fisheries North-East Atlantic Fisheries Convention Convention on Fishing and Conservation of the Living Resources of the High Seas Convention concerning Fishing in the Waters of the Danube Agreement concerning Cooperation in Marine Fishing London Geneva Bucharest Warsaw To ensure the conservation and rational exploitation of the fish stocks of the North-East Atlantic Ocean and adjacent waters. Scope: Arctic; North Atlantic Through international cooperation, to solve the problems involved in the conservation of the living resources of the high seas, considering that through the development of modern techniques some of these resources are in danger of being over-exploited. Scope: global The rational utilisation and expansion of the fish stocks in the Danube, through cooperation on a scientific basis. Scope: Europe To foster cooperation in the development of marine fishing, fishing techniques, fish processing technology and scientific research into the condition of living marine resources. Scope: regional / restricted to exchange information (arts. 8 and 9). A North-East Atlantic Fisheries Commission is established (art. 3). The Commission is to consider what measures may be required to conserve fish stocks and make recommendations to the Parties based on the results of scientific research and investigation (art. 6). Disputes are to be settled by a special commission of five members whose decision shall be binding on the States concerned (arts. 9 and 11). A Mixed Commission is established to work out measures for the regulation of fishing and the augmentation of fish stocks, to make proposals to the Parties, to organise exchanges of information and to co-ordinate scientific research (art. 11 and 12). A Mixed Commission is established to co-ordinate the implementation of the Agreement (art. 2). Functions of the 27 June 1963 Depository: United Kingdom 20 March 1966 Depository: UN 20 December 1958 Depository: Romania 22 February 1963 Depository: Poland 17

18 Commission include preparation of plans for scientific and technical cooperation, organisation of exchange of research information, submission of proposals for scientific and technical conferences and meetings, and the making of recommendations to the Parties (arts. 3 and 4). 3.9 Goods/sea Goods / sea Convention of the Carriage of Goods by Sea Hamburg To determine certain rules relating to the carriage of goods by sea. Scope: Scope of application see Art. 2 (makes exact specifications) Not specific 01 November 1992 Depository: UN 3.10 Impact Assessment Impact Assessment Convention on Environmental Impact Assessment in a Transboundary Context Espoo To promote environmentally sound and sustainable economic development, through the application of environmental impact assessment, especially as a preventive measure against transboundary environmental degradation. Scope: global Provision is made for regular meetings of the Parties, to keep under review the working of the Convention (art. 11). A procedure for the settlement of disputes is established by art September 1997 Depository: UN 3.11 Information Information Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters Aarhus To contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters Meeting of the Parties Executive Secretary of the Economic Commission for Europe carries out the secretariat functions 30 October 2001 Depository: UNECE 18

19 3.12 Liability Liability Liability Liability Liability Liability International Convention on Civil Liability for Bunker Oil Pollution Damage [Contains a Supersession Clause] International Convention on Civil Liability for Oil Pollution Damage Convention on Civil Liability for Oil Pollution Damage resulting from Exploration for and Exploitation of Seabed Mineral Resources Convention on Limitation of Liability for Maritime Claims International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and London Brussels London London London To adopt uniform international rules and procedures for determining questions of liability and providing adequate, prompt and effective compensation in cases of damage caused by pollution resulting from the escape or discharge of bunker oil from ships. Scope: territory, including the territorial sea, of a State Party & exclusive economic zone of a State Party or an area beyond and adjacent to the territorial sea of that State To ensure that adequate compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil from ships and to standardise international rules and procedures for determining questions of liability and adequate compensation in such areas. Scope: global To ensure that adequate compensation is available to victims of pollution damage resulting from offshore activities. Scope: The damage must originate beyond the coastal lowwater line of a State Party, and be suffered in the territory, including the internal and territorial waters, of such a State, or in the areas in which it has sovereign rights over natural resources (Art. 2). To determine certain uniform rules relating to the limitation of liability for maritime claims. Scope: Chapter IV defines the scope of application of the Convention, providing an option for Parties to exclude wholly or partially persons liable under the Convention from its application if certain conditions are met. To adopt uniform international rules and procedures for determining questions of liability and compensation in respect of damage caused by incidents in connection with the carriage by sea of hazardous and noxious substances. Not specific 21 November 2008 Depository: IMO Not specific 19 June 1975 Depository: IMO Not specific Depository: United Kingdom Not specific 01 December 1986 Depository: IMO The International Hazardous and Noxious Substances Fund (HNS Fund) is established (art. 12 countries accepted Depository: IMO 19

20 Noxious Substances by Sea Scope: global 13). It has an Assembly and a Secretariat, headed by a Director (art. 24) Motor vehicle Motor vehicle Motor vehicles Agreement concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) Geneva Geneva To define uniform minimum conditions for certain motor vehicle equipment and parts to be approved in their countries and facilitate their use. Scope: Europe To increase the safety of international transport by road. Scope: Europe Not specific 20 June 1959 Depository: UN After this Agreement has been in force for three years, any Contracting Party may request that a conference be convened to revise the agreement (art.13). 29 January 1968 Depository: UN 3.14 Natural Heritage Natural Heritage Convention concerning the Protection of the World Cultural and Natural Heritage Paris 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. Scope: global Intergovernmental Committee for the Protection of the Cultural and Natural Heritage of Outstanding Universal Value, called "the World Heritage Committee", is hereby established 17 December 1975 Depository: UNESCO 3.15 Nature protection Nature Protection Framework Convention on the Protection and Sustainable Development of the Carpathians Kiev To pursue a comprehensive policy and cooperate for the protection of sustainable development of the Carpathians with a view to improving the quality of life, strengthening local economies and communities and conserving natural values and cultural heritage. Conservation and sustainable use of biological and Conference of the Parties Secretariat The subsidiary bodies, including thematic working groups 04 January 2006 Depository: Government of Ukraine 20

21 Nature Protection Nature Protection Nature Protection Nature Protection Agreement between the Government of the Republic of Lithuania, Government of the Republic of Estonia, and the Government of the Republic of Latvia on cooperation in the field of environment protection Convention concerning the Protection of the Alps Benelux Convention on Nature Conservation and Landscape Protection Nordic Environmental Protection Convention Tallin Salzburg Bruxelles Stockholm landscape diversity & pursue sustainable forest management; apply sustainable mountain forest management practices (art. 7) Scope: applies to the Carpathian region to be defined by the Conference of the Parties Parties agree to cooperate in investigation of regional environmental problems and the intersectorial resolving of environmental problems and to promote the effectiveness of national and international tools for the protection of the environment (art. 1). Cooperation shall concentrate, among other matters, on sustainable use of natural and mineral resources, promotion of environmental-friendly technologies, monitoring of the state of the environment, coordination of nature protection and in particular endangered plant and animal species, and hazardous waste management (art. 2). To promote a comprehensive policy for the preservation and protection of the Alps. Scope: Alpine Region To preserve nature, natural areas and the landscapes, especially in boundary regions. Scope: BE, NL, LU To safeguard environmental interests in the case of nuisances arising from environmentally harmful activities implemented in other Contracting States. Scope: Europe / Arctic established in shall provide the Conference, as necessary, with technical assistance, information and advice on specific issues Articles 4 and 5 deal with the regular exchange of information and notification of emergencies. Conference of Contracting Parties (the Alpine Conference) in Art.5, to, inter alia, adopt Protocols and their Annexes and amendments thereto, examine their implementation, and ensure that secretariat functions are met; (Art.8) secretariat (Art. 9). 21 July 1995 Depository: 06 March 1995 Depository: Austria 01 October 1983 Depository: Belgium; Luxembourg; Netherlands 05 October 1976 Depository: Sweden 21

22 Nature protection Nature protection Nature Protection Convention on Wetlands of International Importance especially as Waterfowl Habitat Agreed Measures for the Conservation of Antarctic Fauna and Flora Agreement concerning Measures for the Protection of the Stocks of Deep Sea Prawns (Pandalus Borealis), European Lobsters (Homarus Vulgaris), Norway lobsters (Nephrops Norvegicus) and Crabs (Cancer Pagurus) Ramsar Brussels Oslo To stem the progressive encroachment on and loss of wetlands. Scope: global Intended to give effect to the concept of the Antarctic Treaty area as a special conservation area. Scope: applies to all areas south of 60 South. Regulates the taking of four species of crustaceans; establishes a commission to co-ordinate scientific research and to recommend conservation measures Scope: Europe / Applies to the area of the Baltic straits A Conference of Parties is established (art.6). The International Union for the Conservation of Nature and Natural Resources is designated to perform the bureau duties under the Convention (art.8) 21 December 1975 Depository: UNSECO Not specific 01 November 1982 Depository: United States of America Not specific 26 January 1953 Depository: Norway 3.16 Nuclear policy Nucelar Nuclear Nuclear Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material Framework Agreement on a Multilateral Nuclear Environment Programme in the Russian Federation Convention on Supplementary Compensation for Nuclear Damage Brussels Stockholm Vienna Further to the Paris Convention of 29 July 1960 and the Vienna Convention of 21 May 1963, to ensure that the operator of a nuclear installation will be exclusively liable for damage caused by a nuclear incident occurring in the course of maritime carriage of nuclear material. Scope: global To establish a framework to facilitate co-operation in the area of safety of spent nuclear fuel and radioactive waste management in the Russian Federation. To establish a world-wide liability regime to supplement and enhance the measures provided in the Vienna Convention on Civil Liability for Nuclear Damage among Not specific 15 July 1975 Depository: IMO MNEPR Committee shall be composed of one authorized official/governmental representative of each of the Parties 14 April 2004 Depository: Russian Federation Not specific Signatury 13 (3 ratified); not entered into force yet 22

23 Nuclear Convention on Nuclear Safety Vienna Nuclear Nuclear Convention on Early Notification of a Nuclear Accident Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency Vienna Vienna others, with a view to increasing the amount of compensation for nuclear damage. Scope: applies to nuclear damage for which an operator of a nuclear installation used for peaceful purposes situated in the territory of a Contracting Party To achieve and maintain a high level of nuclear safety world-wide, to establish and maintain effective defences in nuclear installations against potential radiological hazards in order to protect individuals, society and the environment from harmful effects of ionising radiation from such installations, prevent accidents with radiological consequences and to mitigate such consequences should they occur. Scope: applies to the safety of nuclear installations. To provide relevant information about nuclear accidents as early as possible in order that transboundary radiological consequences can be minimised. Scope: 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, from which a release of radioactive material occurs or is likely to occur and which has resulted or may result in an international transboundary release that could be of radiological safety significance for another State. Sets out an international framework for co-operation among States Parties and with the IAEA to facilitate prompt assistance and support in the event of nuclear accidents or radiological emergencies. It requires States to Meetings of the Contracting Parties are to occur at least every three years to review reports from Parties with regard to measures which the respective Parties have taken to implement the obligation of the Convention (arts 5, 20 and 21). The International Atomic Energy Agency is to provide the secretariat for the meeting of the Contracting Parties (art. 28). Use of the International Atomic Energy Agency (IAEA) The IAEA serves as the focal point for such cooperation by channelling information, supporting Depository: Organization for Economic Co-operation and Development 24 October 1996 Depository: IAEA 27 October 1987 Depository: IAEA 26 February 1987 Depository: IAEA 23

24 Nuclear Nuclear Nuclear Nuclear Nuclear Nuclear Nuclear Convention on the Physical Protection of Nuclear Material Treaty on the Prohibition of the Emplacement of Nuclear Weapons and other Weapons of Mass Destruction on the Sea-Bed and the Ocean Floor and in the Subsoil thereof Treaty on the Non-Proliferation of Nuclear Weapons Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water Convention on Civil Liability for Nuclear Damage Convention on the Liability of Operators of Nuclear Ships Convention on Third Party Liability in the Field of Nuclear Energy Vienna London, Moscow, Washington London, Moscow, Washington London, Moscow, Washington Vienna Brussels Paris notify the IAEA of their available experts, equipment, and other materials for providing assistance Scope: global To facilitate the safe transfer of nuclear material and to establish effective measures for its physical protection. Scope: global To exclude the sea bed, the ocean floor and the subsoil thereof from the arms race as a step towards disarmament, the reduction of international tensions and the maintenance of world peace. Scope: global To achieve at the earliest possible date the cessation of the nuclear arms race and to undertake effective measures in the direction of nuclear disarmament. Scope: global To obtain an agreement on general and complete disarmament under strict international control in accordance with the objectives of the United Nations, to put an end to the armaments race and eliminate incentives to the production and testing of all kinds of weapons, including nuclear weapons. Scope: global To establish minimum standards to provide financial protection against damage resulting from peaceful uses of nuclear energy. Scope: global To determine uniform rules concerning the liability of operators of nuclear ships. Scope: global To ensure adequate and equitable compensation for victims of nuclear incidents, whilst ensuring that the development of nuclear energy for peaceful purposes is not thereby hindered and to unify the basic rules in various countries efforts, and providing its available services Use of the International Atomic Energy Agency (IAEA) Conference of Parties shall review work Five years after its entry into force, a conference of the Parties is to be held to review the operation of the Treaty (art. VIII.3). 08 February 1987 Depository: IAEA 18 May 1972 Depository: Russian Federation; United Kingdom; United States of America 25 February 1970 Depository: Russian Federation; United Kingdom; United States of America Not specific 10 October 1963 Depository: Russian Federation; United Kingdom; United States of America Not specific 12 November 1977 Depository: IAEA Not specific Depository: Belgium Not specific 01 April 1968 Depository: OECD 24

25 relating to liability incurred for such damage. Scope: Europe 3.17 Outer Space Outer Space Outer Space Outer Space Outer Space Convention on Registration of Objects Launched into Outer Space Convention on International Liability for Damage caused by Space Objects Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects launched into Outer Space Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies New York London, Moscow, Washington London, Moscow, Washington London, Moscow, Washington To provide means and procedures to assist in the identification of objects launched into outer space(space objects) and to make provisions for their registration. Scope: global To elaborate effective international rules and procedures concerning liability for damage caused by space objects and to ensure the prompt payment of a full and equitable measure of compensation to victims of such damage. Scope: global To promote international cooperation in the peaceful exploration and use of outer space. Scope: global The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries Scope: Use of Outer Space Not specific 15 September 1976 Depository: UN If no settlement to a claim is arrived at through diplomatic negotiations, the Parties concerned undertake to establish a Claims Commission (art. XIV) 01 September 1972 Depository: Russian Federation; United Kingdom; United States of America Not specific 03 December 1968 Depository: Russian Federation; United Kingdom; United States of America Not specific 10 October 1967 Depository: Russian Federation; United Kingdom; United States of America 3.18 Plants Plants Plants International Treaty on Plant Genetic Resources for Food and Agriculture Convention for the Establishment of the European and Mediterranean To conserve and use sustainably plant genetic resources for food and agriculture, and share equitably the benefits arising out of their use, in harmony with the Convention on Biological Diversity. Scope: global Paris To prevent the introduction and spread of pests and diseases of plants and plant products. A Governing Body is established to promote the full implementation of the Treaty (art. 19). A European and Mediterranean Plant 29 June 2004 total of 170 countries and the European Community are members Depository: FAO 18 April 1951 Depository: France 25

26 Plant Protection Organisation Scope: Europe Protection Organisation is established (art. 1). The Organisation is to act, with FAO, as a regional plant protection organisation under article 8 of the International Plant Protection Convention, It is to advise, assist and co-ordinate Government measures to prevent the introduction and. spread of plant pests and diseases (art. 5), and to obtain, exchange, study and publish information relating to the same. Schedule 11 contains a list of pests and diseases to be given special attention Pollution Pollution Pollution Stockholm Convention on Persistent Organic Pollutants Cooperation Agreement for the protection of the coasts and waters Stockholm Lisbon To protect human health and the environment from persistent organic pollutants. Scope: global Parties shall take all the necessary measures to counteract accidental maritime contamination caused by oil or other Conference of the Parties is established (art. 19) The Conference is also to develop & approve procedures & institutional mechanisms for determining noncompliance and for treatment of Parties in noncompliance (art.17). Secretariat (art.20) Articles 15 to 17, and 20 to 27 deal with aspects 17 May 2004 Depository: UN Depository: Portugal 26