ASEAN Transboundary Haze Pollution

The Agreement is the first regional arrangement in the world that binds a group of contiguous states to tackle transboundary haze pollution resulting from land and forest fires. It has also been considered as a global role model for the tackling of transboundary issues.

The agreement is a reaction to an environmental crisis that hit Southeast Asia in the late 1990s. The crisis was mainly caused by land clearing for agricultural uses via open burning on the Indonesian island of Sumatra. Satellite images confirmed the presence of hot spots throughout Kalimantan/Borneo, Sumatra, the Malay Peninsula and several other places, with an estimated 45,000 square kilometers of forest and land burnt. Malaysia, Singapore and to a certain extent, Thailand and Brunei were particularly badly affected. From Sumatra in Indonesia, monsoon winds blew the smoke eastward, creating negative environmental effects (externalities) on other Southeast Asian nations. Thick haze covered much of Southeast Asia for weeks and caused noticeable and widespread human health problems. The haze is currently a nearly annual occurrence, coinciding with the dry season.

Terms: “Assisting Party” means a State, international organisation, any other entity or person that

offer and/or render assistance to a Requesting Party or a Receiving Party in the event of land and/or forest fires or haze pollution.

“Controlled burning” means any fire, combustion or smouldering that occurs in the open air, which is controlled by national laws, rules, regulations or guidelines and does not cause fire outbreaks and transboundary haze pollution.

“Haze pollution” means smoke resulting from land and/or forest fire which causes deleterious effects of such a nature as to endanger human health, harm living resources and ecosystems and material property and impair or interfere with amenities and other legitimate uses of the environment.

“Receiving Party” means a Party that accepts assistance offered by an Assisting Party or Parties in the event of land and/or forest fires or haze pollution

“Requesting Party” means a Party that requests from another Party or Parties assistance in the event of land and/or forest fires or haze pollution.

“Transboundary haze pollution” means haze pollution whose physical origin is situated wholly or in part within the area under the national jurisdiction of one Member State and which is transported into the area under the jurisdiction of another Member State.

The Agreement requires the Parties to the Agreement to:(i) cooperate in developing and implementing measures to prevent, monitor, and mitigate transboundary haze pollution by controlling sources of land and/or forest fires, development of monitoring, assessment and early warning systems, exchange of information and technology, and the provision of mutual assistance;(ii) respond promptly to a request for relevant information sought by a State or States that are or may be affected by such transboundary haze pollution, with a view to minimising the consequence of the transboundary haze pollution; and(iii) take legal, administrative and/ or other measures to implement their obligations under the Agreement.

The Agreement establishes an ASEAN Coordinating Centre for Transboundary Haze Pollution Control to facilitate cooperation and coordination in managing the impact of land and forest fires in particular haze pollution arising from such fires. Pending the establishment of the Centre, ASEAN Secretariat and ASEAN Specialised Meteorological Centre (ASMC) co-performed the interim functions of the Centre.

PILLARS OF THE ASEAN

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ASEAN- MEKONG BASIN DEVELOPMENT COOPERATION

The ASEAN Mekong Basin Development Cooperation was established to promote economic integration among the Member Countries, thus helping to build the ASEAN Economic Community by 2015. The cooperation framework has contributed to the development of infrastructure and human capital in the sub-region and enabled the sharing of the resource base between ASEAN Member States and Mekong riparian countries, and with China while promoting inclusive and equitable growth in the region. It has also led to the international recognition of the sub-region as a growth area. The emergence of growth areas such as the Mekong Basin has underscored the increasing interactions and linkages beyond national boundaries, injecting dynamism into the region. ASEAN and China has expressed the importance of strengthening economic partnerships in the Cooperation to promote and sustain development of the Mekong Basin. There are several sub-regional and national projects under the cooperation that still required funding. Countries recognized that mobilizing financing for the activities remains a priority and challenge for all. They emphasized the importance of collaborating with development agencies and the private sector to finance the various in-country projects as well as the cross-border platforms. ASEAN countries underscored the importance of inviting Dialogue Partners support in the projects of the AMBDC where assistance can be rendered in the form of capacity building and training. The Singapore-Kunming Rail Link (SKRL), the flagship project of the AMBDC, is expected to provide an alternative mode of land transportation connecting AMBDC's riparian and non-riparian states. The progress of the SKRL is related to measures under the Brunei Action Plan and the Master Plan on ASEAN Connectivity. Discussions on formulating a strategy for the seamless operation of the SKRL, ways to mobilize further financial resources for SKRL's completion, and the possibility of extending the SRKL to Surabaya, Indonesia are undertaken by the Special Work Group Meeting on the SKRL which meets annually.The completion of the Yuxi-Mengzi Railway which is part of the eastern line of the planned Pan-Asia Railway network, funded by the Ministry of Railways and the Yunnan government is expected to boost land transportation between China and ASEAN countries, as well as tie the economies closer.The AMBDC is important as a framework to enhance and sustain growth of the Mekong Basin and as a policy dialogue for ASEAN and China to foster sub-regional economic development and poverty reduction cooperation.

The objectives of this cooperation shall be:(i) to enhance economically sound and sustainable development of theMekong Basin;(ii) to encourage a process of dialogue and common project identificationwhich can result in firm economic partnerships for mutual benefit; and(iii) to strengthen the interconnections and economic linkages betweenthe ASEAN member countries and the Mekong riparian countries.

The cooperation shall be governed by the principles that it:(i) is supportive of and complementary to national development plans ofcountries in the Mekong Basin;(ii) results in direct benefits to people in the Mekong Basin in the form ofemployment, income generation, social upliftment and rising standards ofliving;(iii) utilises resources fully and ensures stable and sustainabledevelopment leading to improved management of natural resources andprotection of the environment;(iv) complements cooperation initiatives currently undertaken by theMekong River Commission, donor countries and other multilateralagencies;(v) mobilises the participation of the private sector in the implementationof projects and activities identified collectively; and

(vi) is open for participation of all interested countries as well as regionaland international development, financial aid agencies and institutions.

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TRIAL SMELTER ARBIRATION (US v CANADA)

Synopsis of Rule of Law: The duty to protect other states against harmful acts by individuals from within its jurisdiction at all times is the responsibility of a state.

FACTS:The Trail Smelter is located in Trail, British Columbia in the south-eastern corner of the Kootenays, which is known as a mineral-rich area. The smelter was initially built by American mining engineer and magnate F. Augustus Heinze in 1895 to treat lead and zinc ore materials from nearby mines. Prior to building the smelter, agents for Heinze signed a contract guaranteeing 75,000 tons of ore would be provided by Rossland's LeRoi Mining Company. The smelter and the freight railway to the Rossland mines were bought by the Canadian Pacific Railway (CPR) for $1,000,000 in 1898, when tracks were being laid into the town and during the construction of a competing smelter in nearby Northport, Washington State. The Trail Smelter became a factor in the Canadian government's efforts to establish a smelting industry in Canada, which had sent ores to American smelters for processing in the past. The Trail Smelter operation grew, adding other local mines to the portfolio, and were incorporated as the Consolidated Mining and Smelting Company of Canada (COMINCO) in 1905, with continuing support from the CPR. When completed in 1895, the smelter could process 250 tons of ore daily and had smoke stacks 150 feet high to help disperse the fumes. During the arbitration that followed the dispute, the Tribunal commented that by 1906 Trail had 'one of the best and largest equipped smelting plants on this continent.'"[4] By 1916 the Trail Smelter was producing monthly outputs of 4,700 tons of sulphur, but with post World War I expansion and technological improvements to the smelting process, the company doubled the smelter's output throughout the 1920s and was producing 10,000 tons monthly by 1930.

Most of Trail's male residents worked for the smelter and local businesses and farmers relied on the income from smelter employee salaries. Smoke from the smelter was seen by many residents as a sign of prosperity and continued employment; local residents commented that the "thicker the smoke ascending from Smelter Hill the greater Trail's prosperity."[5] On the other hand, local farmers complained about the effects of the toxic smoke on their crops, which eventually led to arbitration with COMINCO between 1917 and 1924, and resulted to the assessment $600,000 in fines being levied against the defendant. The fines were to serve as compensation for smoke damage to crops and included COMINCO buying four complete farms (out of sixty farms involved) closest to the stacks. No government regulations of the smelter's output were imposed on COMINCO following the 1924 decision.

As a direct consequence of the local dispute and arbitration, COMINCO looked for ways to reduce the smelter's smoke output while increasing the smelter's production. The initial solution involved increasing the height of the smoke stacks to 409 feet in 1926 in an effort to disperse the smelter's smoke by pushing it higher into the atmosphere, but this local solution proved to be a problem for their Washington neighbours.

ISSUE:Is it the responsibility of the State to protect to protect other states against harmful acts by individuals from within its jurisdiction at all times?

HELD:Yes. It is the responsibility of the State to protect other states against harmful act by individuals from within its jurisdiction at all times. No state has the right to use or permit the use of the territory in a

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manner as to cause injury by fumes in or to the territory of another or the properties or persons therein as stipulated under the United States (P) laws and the principles of international law.By looking at the facts contained in this case, the arbitration held that Canada (D) is responsible in international law for the conduct of the Trail Smelter Company. Hence, the onus lies on the Canadian government (D) to see to it that Trail Smelter’s conduct should be in line with the obligations of Canada (D) as it has been confirmed by International law. The Trail Smelter Company will therefore be required from causing any damage through fumes as long as the present conditions of air pollution exist in Washington.

So, in pursuant of the Article III of the convention existing between the two nations, the indemnity for damages should be determined by both governments. Finally, a regime or measure of control shall be applied to the operations of the smelter since it is probable in the opinion of the tribunal that damage may occur in the future from the operations of the smelter unless they are curtailed.

Discussion: Responsibility for pollution of the sea or the existence of a duty to desist from polluting the sea has never been laid at the feet of any country by any international tribunal. Although regulation of pollution is just commencing, it must ensure that there is equilibrium against freedom of the seas guaranteed under general and long established rules of international law.

CORFU CHANNEL CASE (UK v ALBANIA)

FACTS:On May 15th. 1946 the British warships passed through the Channel without the approval of the Albanian government and were shot at. Later, on October 22nd, 1946, a squadron of British warships (two cruisers and two destroyers), left the port of Corfu and proceeded northward through a channel previously swept for mines in the North Corfu Strait. Both destroyers were struck by mine and were heavily damaged. This incident resulted also in many deaths. The two ships were mined in Albanian territorial waters in a previously swept and check-swept channel. After the explosions of October 22nd, the United Kingdom Government sent a note to the Albanian Government, in which it announced its intention to sweep the Corfu Channel shortly. The Albanian reply, which was received in London on October 31st, stated that the Albanian Government would not give its consent to this unless the operation in question took place outside Albanian territorial waters. Meanwhile, at the United Kingdom Government's request, the International Central Mine Clearance Board decided, in a resolution of November 1st, 1946, that there should be a further sweep of the Channel, subject to Albania's consent. The United Kingdom Government having informed the Albanian Government, in a communication of November 10th, that the proposed sweep would take place on November 12th, the Albanian Government replied on the 11th, protesting against this 'unilateral decision of His Majesty's Government'. It said it did not consider it inconvenient that the British fleet should undertake the sweeping of the channel of navigation, but added that, before sweeping was carried out, it considered it indispensable to decide what area of the sea should be deemed to constitute this channel, and proposed the establishment of a Mixed Commission for the purpose. It ended by saying that any sweeping undertaken without the consent of the Albanian Government outside the channel thus constituted, i.e., inside Albanian territorial waters where foreign warships have no reason to sail, could only be considered as a deliberate violation of Albanian territory and sovereignty. After this exchange of notes, 'Operation Retail' took place on November 12th and 13th. One fact of particular importance is that the North Corfu Channel constitutes a frontier between Albania and Greece, that a part of it is wholly within the territorial waters of these States, and that the Strait is of special importance to Greece by reason of the traffic to and from the port of Corfu.

ISSUE:

Is Albania responsible under international law for the explosions which occurred on the 22nd October 1946 in Albanian waters and for the damage and loss of human life which resulted from them and is there any duty to pay compensation?

HELD:

Discussion: Although Corfu Channel was superficially a decision about the law of the sea and the use of force, scholars such as Malgosia Fitzmaurice have remarked on the impact of Corfu Channel on the development of international environmental law. Specifically, the case, along with the 1930s arbitration from the Trail Smelter dispute and the subsequent ICJ case involving Barcelona Traction, articulated basic principles used extensively in subsequent cases and conventions dealing with the environment. In the Corfu Channel case, the Court articulated the principle that every state is obligated not to knowingly allow its territory to be used to commit acts against the rights of any other state. This meant, with respect to the Corfu Channel, that Albania was obligated to warn others that its territorial waters were mined. The specific language came from the Trail Smelter case, and ultimately was adopted into the Stockholm Declaration and Rio Declaration.

RAMSAR CONVENTION (LUPAING TUBIG – WETLANDS)

Need for the Convention:On February 3rd 1971, in the little Iranian town of Ramsar, nestling between the Alborz mountains and the Caspian coast, the representatives of 18 nations put their signatures to the text of a remarkable treaty. The Ramsar Convention was the first of the modern instruments seeking to conserve natural resources on a global scale. It is still the only world-wide treaty which restrains the countries joining it from the unthinking, selfish exploitation of their sovereign natural patrimony. It is concerned with that most threatened group of habitats, the wetlands. These are shallow open waters - lakes, ponds, rivers and coastal fringes - and any land which is regularly or intermittently covered or saturated by water - marshes, bogs, swamps, flood plains and the like. For centuries mankind had viewed wetlands as places to drain and convert to more obvious uses, such as agriculture. But the process had gone so far in the developed countries that the disappearance of wetlands was leading to undesirable consequences - to the loss of groundwater reserves and the consequent need for irrigation, to flash floods, to shoreline destruction, to the accumulation of pollutants and to other subtle disturbances. Many useful plants and animals dependent on wetlands were disappearing with them. People interested in the conservation of waterfowl and fish were taking the lead in calling for a halt to wetland destruction in the developed countries. Losses were accelerating as extremely efficient machinery and techniques for draining wetlands were invented. The developing countries needed help to avoid making the same mistakes, to treat their resources wisely. International action was necessary for several reasons. Many wetlands lay athwart national boundaries or derived their water supplies from neighbouring countries. The circulation of water in the atmosphere was truly international. Fish hatched in the wetlands of one country might be caught as adults in those of another, or on the high seas. Water birds, migrating over thousands of kilometres twice a year, also ignored boundaries and needed the wetlands of many countries in which to rest, feed and breed. Finally, if the developing countries were to be helped to use their wetlands wisely, there must be international arrangements for the provision of technical and financial aid.

Summary:The Convention on Wetlands (Ramsar, Iran, 1971) is one of the oldest of the global multilateral environmental agreements (MEAs). It owes its origins to what was rightly perceived as an urgent need to combat widespread drainage and destruction of wetlands and the habitats they provide for a large number of species, notably waterbirds. The Convention’s mission is “the conservation and wise use of all wetlands through local, regional and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world.” The Ramsar Convention takes a

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broad approach in determining the wetlands which come under its aegis. Under the text of the Convention (Article 1.1), wetlands are defined as:

“areas of marsh, fen, peatland or water, whether natural or artificial, permanent ortemporary, with water that is static or flowing, fresh, brackish or salt, includingareas of marine water the depth of which at low tide does not exceed six metres”.

In addition, the Convention (Article 2.1) provides that wetlands “may incorporate riparianand coastal zones adjacent to the wetlands, and islands or bodies of marine water deeper thansix metres at low tide lying within the wetlands”.

As a result of these provisions, the coverage of the Convention extends to a wide variety of habitat types, including rivers and lakes, coastal lagoons, mangroves, peatlands, and even coral reefs. In addition, there are human-made wetlands such as fish and shrimp ponds, farm ponds, irrigated agricultural land, salt pans, reservoirs, gravel pits, sewage farms, and canals. Wetlands are among the world’s most productive environments. They are cradles of biological diversity, providing the water and primary productivity upon which countless species of plants and animals depend for survival. They support high concentrations of birds, mammals, reptiles, amphibians, fish and invertebrate species. Of the 20,000 species of fish in the world, more than 40% live in fresh water. Wetlands are also important storehouses of plant genetic material. Rice, for example, which is a common wetland plant, is the staple diet of more than half of humanity.

More and more economists and other scientists are working in the field of the valuation of ecosystem services. This is a difficult task, still full of uncertainties, but there is no other choice than to progress in this direction. Some recent studies have indicated that ecosystems provide at least US$ 33 trillion worth of services annually, of which US$ 4.9 trillion are attributed to wetlands.

The interactions of physical, biological and chemical components of a wetland, such as soils, water, plants and animals, enable the wetland to perform many vital functions, for example: water storage; storm protection and flood mitigation; shoreline stabilisation and erosion control; groundwater recharge (the movement of water from the wetland down into the underground aquifer); groundwater discharge (the movement of water upward to become surface water in a wetland); water purification through retention of nutrients, sediments, and pollutants; and stabilisation of local climate conditions, particularly rainfall and temperature. Wetlands provide tremendous economic benefits, for example: water supply (quantity and quality); fisheries (over two thirds of the world’s fish harvest is linked to the health of coastal and inland wetland areas); agriculture, through the maintenance of water tables and nutrient retention in floodplains; timber production; energy resources, such as peat and plant matter; wildlife resources; transport; and recreation and tourism opportunities.

In addition, wetlands have special attributes as part of the cultural heritage of humanity: they are related to religious and cosmological beliefs, constitute a source of aesthetic inspiration, provide wildlife sanctuaries, and form the basis of important local traditions. These functions, values and attributes can only be maintained if the ecological processes of wetlands are allowed to continue functioning. Unfortunately, and in spite of important progress made in recent decades, wetlands continue to be among the world’s most threatened ecosystems, owing mainly to ongoing drainage, conversion, pollution, and over-exploitation of their resources.

Since its inception the Convention has progressively developed its scope and approach to address the sustainable utilisation of wetlands (considered to be synonymous with the Convention’s concept of “wise use”) in the context of integrated territorial and water resource planning and management. The Convention stresses that it is essential to integrate the conservation of wetlands and sustainable use as a contribution to the health and wellbeing of people through sustainable development everywhere.

However, in all regions of the world, human populations are suffering social, economic and environmental hardships resulting from the destruction and mismanagement of their natural resources, notably including their wetlands and water resources. This destruction, which is continuing at alarming rates in many countries, is contributing to escalating poverty and water supply and food security problems, as well as robbing the planet of the biological diversity with which wetlands are endowed. Its causes are multiple - from local actions and national policies to global issues.

Major global issues influencing the conservation and wise use of wetlands include:a) climate change and its predicted impacts, including changing and more extreme patterns of drought, storms and flooding; rises in sea temperature and sea level; thawing of permafrost and glaciers; and changes in the ecosystem distribution and quality; and the implications of these for species’ survival;b) increasing globalisation of trade, including in agricultural products, fisheries and other natural resources;c) the changing role of national governments through increasing privatisation of services (including water supplies), devolution of decision-making responsibilities, and greater empowerment of local communities;d) increasing land-use pressures leading to continuing loss and damage to wetlands and their values and functions;e) increasing population pressure and economic challenges placing local communities in the developing world on the edge of survival;f) the increasing influence in the developing world of development banks and international development agencies and the ne ed to ensure that such agencies are fully engaged in the major issues affecting wetlands; andg) the need to ensure continuing political support and public interest in biodiversity issues and sustainable development ten years after the establishment of Agenda 21 through the Rio 92 process. The first general objective of the draft Ramsar Strategic Plan 2003-2008 is related to the wise use of wetlands and invites the Convention to stimulate and assist all Contracting Parties to develop, adopt and use the necessary and appropriate instruments and measures to ensure the wise use of all wetlands within their territories, by (among other things):“f) improving the provision of incentives (including trade incentives) to promote, and removing incentives acting against, the conservation and wise use of wetlands; andg) involving the private sector in the conservation and wise use of wetlands.” The operational objective 7 of the Strategic Plan relates to the promotion of the involvement of the private sector by encouraging it to apply the wise use principle (Ramsar Handbooks 1to 6) in their activities and investments affecting wetlands.

It also encourages Contracting Parties to review, in cooperation with the private sector, domestic and international trade in wetland-derived plant and animal products, both exports and imports, and as appropriate implement the necessary legal, institutional and administrative measures to ensure that harvesting is sustainable. There is no doubt that the promotion of sustainable trade can play a powerful role as an incentive for wetland conservation and for wetland wise uses.

From the site:The Convention on Wetlands provides the framework for international cooperation and national action for the conservation and wise use of wetlands. It is also known as the Ramsar Convention, after the Iranian city in which it was adopted in 1971. Almost 90% of UN member states are Ramsar “Contracting Parties”. The Convention uses a broad definition of wetlands. It includes all lakes and rivers, underground aquifers, swamps and marshes, wet grasslands, peat lands, oases, estuaries, deltas and tidal flats, mangroves and other coastal areas, coral reefs, and all human made sites such as fish ponds, rice paddies, reservoirs and salt pans. Wetlands are central to sustainable development as they supply all our fresh water.

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What does RAMSAR do?The Convention’s mission is “the conservation and wise use of all wetlands through local and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world”.

Under the three pillars of the Convention, the Contracting Parties commit to:■ work towards the wise use of all their wetlands through nationalplans, policies and legislation, management actions and publiceducation;■ designate suitable wetlands for the list of Wetlands ofInternational Importance (the “Ramsar List”) and ensure theireffective management;■ cooperate internationally on transboundary wetlands, sharedwetland systems, shared species, and development projects thatmay affect wetlands.

Wise use of wetlandsThe Convention defines the wise use of wetlands as “the maintenance of their ecological character, achieved through the implementation of ecosystem approaches, within the context of sustainable development”. Wise use can thus be seen as the conservation and sustainable use of wetlands and all the services they provide, for the benefit of people and nature.

What do wetlands do?Wetlands store water and ensure its quality, providing resilience against drought.

■ They protect against fl ooding and the impacts of storms.■ They provide food and other services such as transport andrecreation.■ They provide diverse habitats which support genetic, species,and ecosystem biodiversity and play key roles in the life cyclesof many species and in annual migration patterns.

What is happening to wetlands and what can we do?Wetlands are being degraded and lost due to the increasing demands of the growing human population. Over-exploitation of the remaining wetlands is increasingly threatening their capacity to provide essential services. To counter this, we must ensure the wise use of wetlands and of the water in them, restore degraded wetlands and create new ones if necessary to regain the services we need.

How does the Convention work?■ The Conference of the Contracting Parties (COP) meets every three years and promotes policies and guidelines to advance the objectives of the Convention.■ The Standing Committee, made up of Contracting Parties representing the six Ramsar regions of the world, meets each year to guide the Convention between meetings of the COP.■ The Scientifi c and Technical Review Panel provides guidance on key issues for the Convention.■ The Secretariat in Gland, Switzerland, manages the day-today activities of the Convention, and publishes Convention documents and the “Ramsar List” of Wetlands of International Importance. It is administratively supported by the International Union for Conservation of Nature (IUCN).■ Each Contracting Party designates an Administrative Authority as its focal point for implementation of the Convention.■ Countries are also encouraged to establish a broad-based National Wetland Committee.

■ Contracting Parties can place Ramsar Sites with a changing ecological character on the Montreux Record, and technical assistance such as a Ramsar Advisory Mission can be provided.■ Private companies and public and community organizations are encouraged to contribute to the mission of the Convention.

Terms: Wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent

or temporary with water that is static or flowing, fresh, brakish or salt, including areas of marine water the depth of which at low tide does not exceed six metres.

Waterfowl are birds ecologically dependent on wetlands

Listing:ARTICLE 2:

1. Each Contracting Party shall designate suitable wetlands within its territory for inclusion in a List of Wetlands of International Importance, hereinafter referred to as "the List" which is maintained by the bureau established under Article 8. The boundaries of each wetland shall be precisely described and also delimited on a map and they may incorporate riparian and coastal zones adjacent to the wetlands, and islands or bodies of marine water deeper than six metres at low tide lying within the wetlands, especially where these have importance as waterfowl habitat.2. Wetlands should be selected for the List on account of their international significance in terms of ecology, botany, zoology, limnology or hydrology. In the first instance wetlands of international importance to waterfowl at any season should be included.3. The inclusion of a wetland in the List does not prejudice the exclusive sovereign rights of the Contracting Party in whose territory the wetland is situated.4. Each Contracting Party shall designate at least one wetland to be included in the List when signing this Convention or when depositing its instrument of ratification or accession, as provided in Article 9.5. Any Contracting Party shall have the right to add to the List further wetlands situated within its territory, to extend the boundaries of those wetlands already included by it in the List, or, because of its urgent national interests, to delete or restrict the boundaries of wetlands already included by it in the List and shall, at the earliest possible time, inform the organization or government responsible for the continuing bureau duties specified in Article 8 of any such changes.6. Each Contracting Party shall consider its international responsibilities for the conservation, management and wise use of migratory stocks of waterfowl, both when designating entries for the List and when exercising its right to change entries in the List relating to wetlands within its territory.

ARTICLE 3:1. The Contracting Parties shall formulate and implement their planning so as to promote the conservation of the wetlands included in the List, and as-far as possible the wise use of wetlands in their territory.2. Each Contracting Party shall arrange to be informed at the earliest possible time if the ecological character of any wetland in its territory and included in the List has changed, is changing or is likely to change as the result of technological developments, pollution or other human interference. Information on such changes shall be passed without delay to the organization or government responsible for the continuing bureau duties specified in Article 8.

ARTICLE 4:

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1. Each Contracting Party shall promote the conservation of wetlands and waterfowl by establishing nature reserves on wetlands, whether they are included in the List or not, and provide adequately for their wardening.2. Where a Contracting Party in its urgent national interest, deletes or restricts the boundaries of a wetland included in the List, it should as far as possible compensate for any loss of wetland resources, and in particular it should create additional nature reserves for waterfowl and for the protection, either in the same area or elsewhere, of an adequate portion of the original habitat.3. The Contracting Parties shall encourage research and the exchange of data and publications regarding wetlands and their flora and fauna.4. The Contracting Parties shall endeavour through management to increase waterfowl populations on appropriate wetlands.5. The Contracting Parties shall promote the training of personnel competent in the fields of wetland research, management and wardening.

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CONVENTION ON BIODIVERSITY (CBD)

Summary:The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The Convention has three main goals:

1.conservation of biological diversity (or biodiversity);2.sustainable use of its components; and3.fair and equitable sharing of benefits arising from genetic resources

In other words, its objective is to develop national strategies for the conservation and sustainable use of biological diversity. It is often seen as the key document regarding sustainable development.The Convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993.

The convention recognized for the first time in international law that the conservation of biological diversity is "a common concern of humankind" and is an integral part of the development process. The agreement covers all ecosystems, species, and genetic resources. It links traditional conservation efforts to the economic goal of using biological resources sustainably. It sets principles for the fair and equitable sharing of the benefits arising from the use of genetic resources, notably those destined for commercial use. It also covers the rapidly expanding field of biotechnology through its Cartagena Protocol on Biosafety, addressing technology development and transfer, benefit-sharing and biosafety issues. Importantly, the Convention is legally binding; countries that join it ('Parties') are obliged to implement its provisions.

The convention reminds decision-makers that natural resources are not infinite and sets out a philosophy of sustainable use. While past conservation efforts were aimed at protecting particular species and habitats, the Convention recognizes that ecosystems, species and genes must be used for the benefit of humans. However, this should be done in a way and at a rate that does not lead to the long-term decline of biological diversity.

The convention also offers decision-makers guidance based on the precautionary principle that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat. The Convention acknowledges that substantial investments are required to conserve biological diversity. It argues, however, that conservation will bring us significant environmental, economic and social benefits in return. The Convention on Biological Diversity of 2010 would ban some forms of geoengineering.

Objectives:The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity. the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding.

Terms: "Biological diversity" means the variability among living organisms from all sources including,

inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part: this includes diversity within species, between species and of ecosystems.

"Biological resources' includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity.

"Biotechnology" means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use.

"Ecosystem" means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit.

'Habitat" means the place or type of site where an organism or population naturally occurs. "Sustainable use" means the use of components of biological diversity in a way and at a rate

that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

"Technology" includes biotechnology. “Biopiracy” is a situation where indigenous knowledge of nature, originating with indigenous

peoples, is used by others for profit, without permission from and with little or no compensation or recognition to the indigenous people themselves.

“Bioprospecting” is the process of discovery and commercialization of new products based on biological resources. Despite being intuitively helpful, bioprospecting has only recently begun to incorporate indigenous knowledge in focusing screening efforts for bioactive compounds.

ARTICLE 16 ACCESS TO AND TRANSFER OF TECHNOLOGY1. Each Contracting Party, recognizing that technology includes biotechnology, and that both access to and transfer of technology among Contracting Parties are essential elements for the attainment of theobjectives of this Convention, undertakes subject to the provisions of this Article to provide and/or facilitate access for and transfer to other Contracting Parties of technologies that are relevant to the conservation and sustainable use of biological diversity or make use of genetic resources and do not cause significant damage to the environment.2. Access to and transfer of technology referred to in paragraph 1 above to developing countries shall be provided and/or facilitated under fair and most favourable terms, including on concessional and preferential terms where mutually agreed, and, where necessary, in accordance with the financial mechanism established by Articles 20 and 21. In the case of technology subject to patents and other intellectual property rights, such access and transfer shall be provided on terms which recognize and are consistent with the adequate and effective protection of intellectual property rights. The application of this paragraph shall be consistent with paragraphs 3, 4 and 5 below.3. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that Contracting Parties, in particular those that are developing countries, which provide genetic resources are provided access to and transfer of technology which makes use of those resources, on mutually agreed terms, including technology protected by patents and other intellectual property rights, where necessary, through the provisions of Articles 20 and 21 and in accordance with international law and consistent with paragraphs 4 and 5 below.4. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that the private sector facilitates access to, joint development and transfer of technology

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referred to in paragraph 1 above for the benefit of both governmental institutions and the private sector of developing countries and in this regard shall abide by the obligations included in paragraphs 1. 2 and 3 above.5. The Contracting Parties, recognizing that patents and other intellectual property rights may have an influence on the implementation of this Convention, shall cooperate in this regard subject to national legislation and international law in order to ensure that such rights are supportive of and do not run counter to its objectives.

ARTICLE 17 EXCHANGE OF INFORMATION1. The Contracting Parties shall facilitate the exchange of information, from all publicly available sources, relevant to the conservation and sustainable use of biological diversity, taking into account the special needs of developing countries.2. Such exchange of information shall include exchange of results of technical, scientific and socio-economic research, as well as information on training and surveying programmes, specialized knowledge, indigenous and traditional knowledge as such and in combination with the technologies referred to in Article 16, paragraph 1. It shall also, where feasible, include repatriation of information.

ARTICLE 18 TECHNICAL AND SCIENTIFIC COOPERATION1. The Contracting Parties shall promote international technical and scientific cooperation in the field of conservation and sustainable use of biological diversity, where necessary, through the appropriate international and national institutions.2. Each Contracting Party shall promote technical and scientific cooperation with other Contracting Parties, in particular developing countries, in implementing this Convention, inter alia, through the development and implementation of national policies. In promoting such cooperation, special attention should be given to the development and strengthening of national capabilities, by means of human resources development and institution building.3. The Conference of the Parties, at its first meeting, shall determine how to establish a clearing-house mechanism to promote and facilitate technical and scientific cooperation.4. The Contracting Parties shall, in accordance with national legislation and policies, encourage and develop methods of cooperation for the development and use of technologies, including indigenous and traditional technologies, in pursuance of the objectives of this Convention. For this purpose, the Contracting Parties shall also promote cooperation in the training of personnel and exchange of experts.5. The Contracting Parties shall, subject to mutual agreement, promote the establishment of joint research programmes and joint ventures for the development of technologies relevant to the objectives of this Convention.

ARTICLE 19 HANDLING OF BIOTECHNOLOGY AND DSTRIBUTION OF BENEFITS1. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate. to provide for the Affective participation in biotechnological research activities those Contracting Parties, especially developing countries, which provide the genetic resources for such research, and where feasible in such Contracting Parties.2. Each Contracting Party shall take all practicable measures to promote and advance priority access on a fair and equitable basis by Contracting Parties, especially developing countries, to т!ле results and benefits arising from biotechnologies based upon genetic resources provided by those Contracting Parties. Such access shall be on mutually agreed terms.3. The Parties shall consider the need for and modalities of a protocol setting out appropriate procedures, including, in particular, advance informed agreement, in the field of the safe transfer, handling and use of any living modified organism resulting from biotechnology that may have adverse effect on the conservation and sustainable use of biological diversity.4. Each Contracting Party shall, directly or by requiring any natural or legal person under its jurisdiction providing the organisms referred to in paragraph 3 above, provide any available information about the use and safety regulations required by that Contracting Party in handling organisms, as well as any

available information on the potential adverse impact of the specific organisms concerned to the Contracting Party into which those organisms are to be introduced.

NAGOYA PROTOCOL ON ACCESS AND BENEFIT SHARING:The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity is an international agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. It was adopted by the Conference of the Parties to the Convention on Biological Diversity at its tenth meeting on 29 October 2010 in Nagoya, Japan. The Nagoya Protocol entered into force on 12 October 2014, 90 days after the date of deposit of the fiftieth instrument of ratification.

An Access and Benefit Sharing Agreement (ABSA) is an agreement that defines the fair and equitable sharing of benefits arising from the use of genetic resources. ABSAs typically arise in relation to bioprospecting where indigenous knowledge is used to focus screening efforts for commercially valuable genetic and biochemical resources. ABSAs recognise that bioprospecting frequently relies on indigenous or traditional knowledge, and that people or communities who hold such knowledge are entitled to a share of benefits arising from its commercial utilization.

In which cases is it relevant?The CBD refers to ABS in relation to “genetic resources,” but the exact scope of this term has not been determined. Some national laws and experts understand the concept to include not only genetic information but also the biochemical substances in living organisms. The use of biodiversity for plant extracts, essential oils, active ingredients, colors or flavors, for example, would thus require compliance with ABS. However, ABS is not meant to regulate each and every use of biodiversity. There is no intent to address the trade of biological resources as commodities, for instance. ABS does cover the collection and use of biodiversity as the basis for research and development, particularly for commercial purposes. It is these activities, also called “bioprospecting,” that must be conducted with adequate considerationof ABS principles.

Prior Informed Consent Prior informed consent (PIC) is the explicit permission of the authorities of the provider country that may be required before access or use of plant material takes place. In practice, PIC is an administrative process established by national legislation on ABS. Companies seeking access to biodiversity generally present an application to the competent authorities in the provider country, which would then grant a permit, license or accord for such access to take place. In addition, the Bonn Guidelines on ABS adopted by the CBD (see box) also establish that PIC must be obtained from indigenous and local communities where access to their resources or traditional knowledge is sought. In such cases, PIC would the outcome of a consultative process with these communities.

CITES CONVENTIONCITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.

Widespread information nowadays about the endangered status of many prominent species, such as the tiger and elephants, might make the need for such a convention seem obvious. But at the time when the ideas for CITES were first formed, in the 1960s, international discussion of the regulation of wildlife trade

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for conservation purposes was something relatively new. With hindsight, the need for CITES is clear. Annually, international wildlife trade is estimated to be worth billions of dollars and to include hundreds of millions of plant and animal specimens. The trade is diverse, ranging from live animals and plants to a vast array of wildlife products derived from them, including food products, exotic leather goods, wooden musical instruments, timber, tourist curios and medicines. Levels of exploitation of some animal and plant species are high and the trade in them, together with other factors, such as habitat loss, is capable of heavily depleting their populations and even bringing some species close to extinction. Many wildlife species in trade are not endangered, but the existence of an agreement to ensure the sustainability of the trade is important in order to safeguard these resources for the future.Because the trade in wild animals and plants crosses borders between countries, the effort to regulate it requires international cooperation to safeguard certain species from over-exploitation. CITES was conceived in the spirit of such cooperation. Today, it accords varying degrees of protection to more than 35,000 species of animals and plants, whether they are traded as live specimens, fur coats or dried herbs.

CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of IUCN (The World Conservation Union). The text of the Convention was finally agreed at a meeting of representatives of 80 countries in Washington, D.C., the United States of America, on 3 March 1973, and on 1 July 1975 CITES entered in force. The original of the Convention was deposited with the Depositary Government in the Chinese, English, French, Russian and Spanish languages, each version being equally authentic.

CITES is an international agreement to which States (countries) adhere voluntarily. States that have agreed to be bound by the Convention ('joined' CITES) are known as Parties. Although CITES is legally binding on the Parties – in other words they have to implement the Convention – it does not take the place of national laws. Rather it provides a framework to be respected by each Party, which has to adopt its own domestic legislation to ensure that CITES is implemented at the national level.For many years CITES has been among the conservation agreements with the largest membership, with now 180 Parties.

******The CITES Convention includes provisions and rules for trade with non-Parties. Almost all member states of the United Nations are party to the treaty, except for Andorra, Democratic People's Republic of Korea, Federated States of Micronesia, Haiti, Kiribati, Marshall Islands, Nauru, South Sudan, Tajikistan, Timor-Leste, Tonga, Turkmenistan, Tuvalu and the Holy See. The Faroe Islands, a territory of Denmark, is also treated as a non-Party to CITES.

An amendment to the text of the Convention, known as the Gaborone Amendment[5] allows regional economic integration organizations (REIO), such as the European Union, to have the status of a member state and to be a Party to the Convention. The REIO can vote at CITES meetings with the number of votes representing the number of members in the REIO, but it does not have an additional vote.

In accordance with Article XVII, paragraph 3, of the CITES Convention, the Gaborone Amendment entered into force on 29 November 2013, 60 days after 54 (two-thirds) of the 80 States that were party to CITES on 30 April 1983 deposited their instrument of acceptance of the amendment. At that time it entered into force only for those States that had accepted the amendment. The amended text of the Convention will apply automatically to any State that becomes a Party after 29 November 2013. For States that became party to the Convention before that date and have not accepted the amendment, it will enter into force 60 days after they accept it.

Although the Gaborone Amendment entered into force in November 2013, no regional economic integration organization (REIO) has yet applied to be a Party to CITES, although it is expected that the

European Union will probably do so before the next Conference of the Parties, which will be held in 2016.

How CITES works:CITES works by subjecting international trade in specimens of selected species to certain controls. All import, export, re-export and introduction from the sea of species covered by the Convention has to be authorized through a licensing system. Each Party to the Convention must designate one or more Management Authorities in charge of administering that licensing system and one or more Scientific Authorities to advise them on the effects of trade on the status of the species.The species covered by CITES are listed in three Appendices, according to the degree of protection they need.

Appendices I and IIAppendix I includes species threatened with extinction. Trade in specimens of these species is permitted only in exceptional circumstances. Appendix II includes species not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival. The Conference of the Parties (CoP), which is the supreme decision-making body of the Convention and comprises all its member States, has agreed in Resolution Conf. 9.24 (Rev. CoP16) on a set of biological and trade criteria to help determine whether a species should be included in Appendices I or II. At each regular meeting of the CoP, Parties submit proposals based on those criteria to amend these two Appendices. Those amendment proposals are discussed and then submitted to a vote. The Convention also allows for amendments by a postal procedure between meetings of the CoP (see Article XV, paragraph 2, of the Convention), but this procedure is rarely used.

Appendix IIIThis Appendix contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling the trade. Changes to Appendix III follow a distinct procedure from changes to Appendices I and II, as each Party’s is entitled to make unilateral amendments to it. A specimen of a CITES-listed species may be imported into or exported (or re-exported) from a State party to the Convention only if the appropriate document has been obtained and presented for clearance at the port of entry or exit. There is some variation of the requirements from one country to another and it is always necessary to check on the national laws that may be stricter, but the basic conditions that apply for Appendices I and II are described below.

Appendix-I specimensAn import permit issued by the Management Authority of the State of import is required. This may be issued only if the specimen is not to be used for primarily commercial purposes and if the import will be for purposes that are not detrimental to the survival of the species. In the case of a live animal or plant, the Scientific Authority must be satisfied that the proposed recipient is suitably equipped to house and care for it. An export permit or re-export certificate issued by the Management Authority of the State of export or re-export is also required.An export permit may be issued only if the specimen was legally obtained; the trade will not be detrimental to the survival of the species; and an import permit has already been issued.A re-export certificate may be issued only if the specimen was imported in accordance with the provisions of the Convention and, in the case of a live animal or plant, if an import permit has been issued.In the case of a live animal or plant, it must be prepared and shipped to minimize any risk of injury, damage to health or cruel treatment.

Appendix-II specimens

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An export permit or re-export certificate issued by the Management Authority of the State of export or re-export is required. An export permit may be issued only if the specimen was legally obtained and if the export will not be detrimental to the survival of the species. A re-export certificate may be issued only if the specimen was imported in accordance with the Convention. In the case of a live animal or plant, it must be prepared and shipped to minimize any risk of injury, damage to health or cruel treatment. No import permit is needed unless required by national law. In the case of specimens introduced from the sea, a certificate has to be issued by the Management Authority of the State into which the specimens are being brought, for species listed in Appendix I or II. For further information, see the text of the Convention, Article III, paragraph 5 and Article IV, paragraph 6.

Appendix-III specimensIn the case of trade from a State that included the species in Appendix III, an export permit issued by the Management Authority of that State is required. This may be issued only if the specimen was legally obtained and, in the case of a live animal or plant, if it will be prepared and shipped to minimize any risk of injury, damage to health or cruel treatment. In the case of export from any other State, a certificate of origin issued by its Management Authority is required. In the case of re-export, a re-export certificate issued by the State of re-export is required

In its Article VII, the Convention allows or requires Parties to make certain exceptions to the general principles described above, notably in the following cases:

• for specimens in transit or being transhipped • for specimens that were acquired before CITES provisions applied to them (known as pre-Convention specimens• for specimens that are personal or household effects • for animals that were ‘bred in captivity’ • for plants that were ‘artificially propagated’ • for specimens that are destined for scientific research;• for animals or plants forming part of a travelling collection or exhibition, such as a circus There are special rules in these cases and a permit or certificate will generally still be required. Anyone planning to import or export/re-export specimens of a CITES species should contact the national CITES Management Authorities of the countries of import and export/re-export for information on the rules that apply.

When a specimen of a CITES-listed species is transferred between a country that is a Party to CITES and a country that is not, the country that is a Party may accept documentation equivalent to the permits and certificates described above.

Structure of CITES: Regulation of TradeCITES works by subjecting international trade in specimens of selected species to certain controls. All import, export, re-export and introduction from the sea of species covered by the Convention has to be authorized through a licensing system. Each Party to the Convention must designate one or more Management Authorities in charge of administering that licensing system and one or more Scientific Authorities to advise them on the effects of trade on the status of the species. In accordance with Article IX of the Convention, Management and Scientific Authorities, each Party to the Convention must designate one or more Management Authorities competent to grant permits or certificates on behalf of that Party, and one or more Scientific Authorities to provide advice that international trade in any CITES-listed species will not be detrimental to the survival of that species.

Amendments and Reservations

Amendments to the Convention must be supported by a two-thirds majority who are "present and voting" and can be made during an extraordinary meeting of the COP if one-third of the Parties are interested in such a meeting. The Gaborone Amendment (1983) allows regional economic blocs to accede to the treaty. Reservations (Article XXIII) can be made by any Party with respect to any species, which considerably weakens the treaty (see [1] for current reservations). Trade with non-Party states is allowed, although permits and certificates are recommended to be issued by exporters and sought by importers. Notable reservations include those by Iceland, Japan and Norway on various baleen whale species and those on Falconiformes by Saudi Arabia.

Shortcomings and concerns:

Approach to biodiversity conservationGeneral limitations about the structure and philosophy of CITES include: by design and intent it focuses on trade at the species level and does not address habitat loss, ecosystem approaches to conservation, or poverty; it seeks to prevent unsustainable use rather than promote sustainable use (which generally conflicts with the Convention on Biological Diversity), although this has been changing (see Nile Crocodile, African elephant, South African white rhino case studies in Hutton and Dickinson 2000). It does not explicitly address market demand.[15] Funding does not provide for increased on-the-ground enforcement (it must apply for bilateral aid for most projects of this nature).

DraftingBy design, CITES regulates and monitors trade in the manner of a "negative list" such that trade in all species is permitted and unregulated unless the species in question appears on the Appendices or looks very much like one of those taxa. Then and only then, trade is regulated or constrained. Because the remit of the Convention covers millions of species of plants and animals, and tens of thousands of these taxa are potentially of economic value, in practice this negative list approach effectively forces CITES signatories to expend limited resources on just a select few, leaving many species to be traded with neither constraint nor review. For example, recently several bird classified as threatened with extinction appeared in the legal wild bird trade because the CITES process never considered their status. If a "positive list" approach were taken, only species evaluated and approved for the positive list would be permitted in trade, thus lightening the review burden for member states and the Secretariat, and also preventing inadvertent legal trade threats to poorly known species. Specific weaknesses in the text include: it does not stipulate guidelines for the 'non-detriment' finding required of national Scientific Authorities; non-detriment findings require copious amounts of information; the 'household effects' clause is often not rigid enough/specific enough to prevent CITES violations by means of this Article (VII); non-reporting from Parties means Secretariat monitoring is incomplete; and it has no capacity to address domestic trade in listed species.

Reform suggestionsSuggestions for improvement in the operation of CITES include: more regular missions by the Secretariat (not reserved just for high profile species); improvement of national legislation and enforcement; better reporting by Parties (and the consolidation of information from all sources-NGOs, TRAFFIC, the wildlife trade monitoring network and Parties); more emphasis on enforcement-including a technical committee enforcement officer; the development of CITES Action Plans (akin to Biodiversity Action Plans related to the Convention on Biological Diversity) including: designation of Scientific/Management Authorities and national enforcement strategies; incentives for reporting and timelines for both Action Plans and reporting. CITES would benefit from access to Global Environment Facility (GEF) funds-although this is difficult given the GEFs more ecosystem approach-or other more regular funds. Development of a funding mechanism similar to that of the Montreal Protocol (developed nations contribute to a fund for developing nations) could allow more funds for non-Secretariat activities.

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On 15 July 2008, the Committee that oversees the administration of the convention between meetings of all the Parties granted China and Japan permission to import elephant ivory from four African government stockpiles, the ivory being sold at a single auction in each country. The amounts to be sold comprise approximately 44 tons from Botswana, 9 tons from Namibia, 51 tons from South Africa, and 4 tons from Zimbabwe. The Chinese government in 2003 acknowledged that it had lost track of 121 tons of ivory between 1991 and 2002.

Terms: “Species” means any species, subspecies, or geographically separate population thereof “Re-export” means export of any specimen that has previously been imported; “Introduction from the sea” means transportation into a State of specimens of any species

which were taken in the marine environment not under the jurisdiction of any State; “Scientific Authority” means a national scientific authority designated in accordance with

Article IX; “Management Authority” means a national management authority designated in accordance

with Article IX; “Specimen” means:

o (i) any animal or plant, whether alive or dead;o (ii) in the case of an animal: for species included in Appendices I and II, any readily

recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and

o (iii) in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species;

Management Authority:The Management Authority has two of the most basic roles:

o granting permits and certificates under the terms of the Conventiono communicating with the CITES Secretariat and other Parties

Tasks specifically imposed by the text of the Convention:o Articles III, IV and V – permit issuance and acceptance provisionso Article VI - retaining and cancelling the export permit or re-export certificate and any

corresponding import permit presented with imports; marking specimenso Article VII – determining the applicability of exemptionso Article VIII – responsibility for confiscated live specimenso Article IX – communication with the Secretariat and other Parties

Responsibilities of the Management Authority with respect to the Scientific Authority:o The Management Authority MUST consult the Scientific Authority before issuing an export

permit for specimens of species in Appendices I & II)o The Management Authority must make sure that it keeps the Scientific Authority informed

about all relevant CITES issueso “NOTING that issuance of permits by a Management Authority without appropriate Scientific

Authority findings constitutes a lack of compliance with the provisions of the Convention and seriously undermines species conservation”

Scientific AuthorityRoles of the Scientific Authority:

o The Scientific Authority has an important role that is essential for the effective implementation of CITES, namely to advise the Management Authority whether export of specimens would be detrimental to the survival of the species in the wild

o The Scientific Authority also advises the Management Authority on other scientific matters

Tasks of the Scientific Authority:Tasks specifically imposed by the text of the Convention (1):

o Determination that the export of specimens of species included in Appendices I and II is not detrimental to their survival

o Determination that the purpose of the import of specimens of a species included in Appendix I is not detrimental to its survival

o Determination whether the intended recipient of live Appendix-I specimens is suitably equipped to house and care for them

o Determination whether introduction from the sea would be detrimental to the survival of the species involved

o Monitor export permits granted and actual exports to ensure that the species is maintained at a level consistent with its role in the ecosystems in which it occurs, and to avoid an Appendix-I listing

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o Provide advice as to whether or not scientific institutions seeking registration meet the criteria established in Resolution Conf. 11.15

o Review applications submitted under Article VII, paragraphs 4 or 5 (is the facility capable of captive breeding or artificial propagation?)

o Gather and analyze information on the biological status of species affected by trade to assist in the preparation of proposals to amend the Appendices

o Review proposals to amend the appendices submitted by other Partieso Before making a decision on the disposal of confiscated live specimens, the Management

Authority must consult with and obtain advice of its own Scientific Authorityo The Scientific Authority, in preparing its advice, must follow the guidelines in the two Annexes

to Resolution Conf. 10.7o Interpretation of listings o Consultation with the Animals or Plant Committees as appropriateo Identification of nomenclatural issues that may warrant further review by the appropriate

CITES committee and preparation of proposals to amend the Appendices if appropriateo Support and cooperation in the development and maintenance of checklists

The Scientific Authority may exist under various structures:o Government agencieso Scientific institutionso Committeeso Individualso Management Authority is also the Scientific Authority (however, Resolution Conf. 10.3

recommends that: all Parties designate Scientific Authorities independent from Management Authorities)

o Supra-national Scientific AuthorityABC

WORLD HERITAGE CONVENTION

The most significant feature of the 1972 World Heritage Convention is that it links together in a single document the concepts of nature conservation and the preservation of cultural properties. The Convention recognizes the way in which people interact with nature, and the fundamental need to preserve the balance between the two.

The Convention defines the kind of natural or cultural sites which can be considered for inscription on the World Heritage List.The Convention sets out the duties of States Parties in identifying potential sites and their role in protecting and preserving them. By signing the Convention, each country pledges to conserve not only the World Heritage sites situated on its territory, but also to protect its national heritage. The States Parties are encouraged to integrate the protection of the cultural and natural heritage into regional planning programmes, set up staff and services at their sites, undertake scientific and technical conservation research and adopt measures which give this heritage a function in the day-to-day life of the community.

It explains how the World Heritage Fund is to be used and managed and under what conditions international financial assistance may be provided. The Convention stipulates the obligation of States Parties to report regularly to the World Heritage Committee on the state of conservation of their World Heritage properties. These reports are crucial to the work of the Committee as they enable it to assess the conditions of the sites, decide on specific programme needs and resolve recurrent problems.

It also encourages States Parties to strengthen the appreciation of the public for World Heritage properties and to enhance their protection through educational and information programmes.

History:The idea of creating an international movement for protecting heritage emerged after World War I. The 1972 Convention concerning the Protection of the World Cultural and Natural Heritage developed from the merging of two separate movements: the first focusing on the preservation of cultural sites, and the other dealing with the conservation of nature.

Preserving cultural heritage:The event that aroused particular international concern was the decision to build the Aswan High Dam in Egypt, which would have flooded the valley containing the Abu Simbel temples , a treasure of ancient Egyptian civilization. In 1959, after an appeal from the governments of Egypt and Sudan, UNESCO launched an international safeguarding campaign. Archaeological research in the areas to be flooded was accelerated. Above all, the Abu Simbel and Philae temples were dismantled, moved to dry ground and reassembled.The campaign cost about US$80 million, half of which was donated by some 50 countries, showing the importance of solidarity and nations' shared responsibility in conserving outstanding cultural sites. Its success led to other safeguarding campaigns, such as saving Venice and its Lagoon (Italy) and the Archaeological Ruins at Moenjodaro (Pakistan) , and restoring the Borobodur Temple Compounds (Indonesia). Consequently, UNESCO initiated, with the help of the International Council on Monuments and Sites (ICOMOS), the preparation of a draft convention on the protection of cultural heritage.

Linking the protection of cultural and natural heritage:The idea of combining conservation of cultural sites with those of nature comes from the United States of America. A White House Conference in Washington, D.C., in 1965 called for a ‘World Heritage Trust’ that would stimulate international cooperation to protect ‘the world's superb natural and scenic areas and historic sites for the present and the future of the entire world citizenry’. In 1968, the International Union for Conservation of Nature (IUCN) developed similar proposals for its members. These proposals were presented to the 1972 United Nations conference on Human Environment in Stockholm.Eventually, a single text was agreed upon by all parties concerned. The Convention concerning the Protection of World Cultural and Natural Heritage was adopted by the General Conference of UNESCO on 16 November 1972. The same General Conference adopted on 16 November 1972 the Recommendation concerning the Protection, at National Level, of the Cultural and Natural Heritage.By regarding heritage as both cultural and natural, the Convention reminds us of the ways in which people interact with nature, and of the fundamental need to preserve the balance between the two.

Benefits of Ratification:The overarching benefit of ratifying the World Heritage Convention is that of belonging to an international community of appreciation and concern for universally significant properties that embody a world of outstanding examples of cultural diversity and natural wealth.

The States Parties to the Convention , by joining hands to protect and cherish the world's natural and cultural heritage, express a shared commitment to preserving our legacy for future generations.The prestige that comes from being a State Party to the Convention and having sites inscribed on the World Heritage List often serves as a catalyst to raising awareness for heritage preservation.A key benefit of ratification, particularly for developing countries, is access to the World Heritage Fund . Annually, about US$4 million is made available to assist States Parties in identifying, preserving and promoting World Heritage sites. Emergency assistance may also be made available for urgent action to repair damage caused by human-made or natural disasters. In the case of sites included on the List of World Heritage in Danger , the attention and the funds of both the national and the international community are focused on the conservation needs of these particularly threatened sites.

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Today, the World Heritage concept is so well understood that sites on the List are a magnet for international cooperation and may thus receive financial assistance for heritage conservation projects from a variety of sources.

Sites inscribed on the World Heritage List also benefit from the elaboration and implementation of a comprehensive management plan that sets out adequate preservation measures and monitoring mechanisms. In support of these, experts offer technical training to the local site management team.Finally, the inscription of a site on the World Heritage List brings an increase in public awareness of the site and of its outstanding values, thus also increasing the tourist activities at the site. When these are well planned for and organized respecting sustainable tourism principles, they can bring important funds to the site and to the local economy.

Terms:o Cultural Heritage - monuments: architectural works, works of monumental sculpture and

painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point ofview of history, art or science; groups of buildings: groups of separate or connected building which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science; sites: works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view.

o Natural Heritage - natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation; natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.

ARTICLE 11 PROCEEDURE1. Every State Party to this Convention shall, in so far as possible, submit to the WorldHeritage Committee an inventory of property forming part of the cultural and natural heritage, situated in its territory and suitable for inclusion in the list provided for inparagraph 2 of this Article. This inventory, which shall not be considered exhaustive,shall include documentation about the location of the property in question and itssignificance.2. On the basis of the inventories submitted by States in accordance with paragraph 1,the Committee shall establish, keep up to date and publish, under the title of "WorldHeritage List," a list of properties forming part of the cultural heritage and naturalheritage, as defined in Articles 1 and 2 of this Convention, which it considers ashaving outstanding universal value in terms of such criteria as it shall haveestablished. An updated list shall be distributed at least every two years.3. The inclusion of a property in the World Heritage List requires the consent of theState concerned. The inclusion of a property situated in a territory, sovereignty orjurisdiction over which is claimed by more than one State shall in no way prejudicethe rights of the parties to the dispute.4. The Committee shall establish, keep up to date and publish, whenever circumstancesshall so require, under the title of "list of World Heritage in Danger", a list of theproperty appearing in the World Heritage List for the conservation of which majoroperations are necessary and for which assistance has been requested under thisConvention. This list shall contain an estimate of the cost of such operations. The list

may include only such property forming part of the cultural and natural heritage as isthreatened by serious and specific dangers, such as the threat of disappearance causedby accelerated deterioration, large-scale public or private projects or rapid urban ortourist development projects; destruction caused by changes in the use or ownershipof the land; major alterations due to unknown causes; abandonment for any reasonwhatsoever; the outbreak or the threat of an armed conflict; calamities andcataclysms; serious fires, earthquakes, landslides; volcanic eruptions; changes inwater level, floods and tidal waves. The Committee may at any time, in case of urgentneed, make a new entry in the List of World Heritage in Danger and publicize suchentry immediately.5. The Committee shall define the criteria on the basis of which a property belonging tothe cultural or natural heritage may be included in either of the lists mentioned inparagraphs 2 and 4 of this article.6. Before refusing a request for inclusion in one of the two lists mentioned in paragraphs2 and 4 of this article, the Committee shall consult the State Party in whose territorythe cultural or natural property in question is situated. 7. The Committee shall, with the agreement of the States concerned, co-ordinate andencourage the studies and research needed for the drawing up of the lists referred toin paragraphs 2 and 4 of this article.

Nominating Process:A country must first take an inventory of its significant cultural and natural properties. This is called the Tentative List. A country may not nominate properties that have not been included on the Tentative List. Next, it can select a property from this list to place into a Nomination File. At this point, the file is evaluated by the International Council on Monuments and Sites and the World Conservation Union. These bodies then make their recommendations to the World Heritage Committee. The Committee meets once per year to determine whether or not to inscribe each nominated property on the World Heritage List, and sometimes defers the decision to request more information from the country who nominated the site. There are ten selection criteria – a site must meet at least one of them to be included on the list.

Selection Criteria:Cultural criteria

o "represents a masterpiece of human creative genius and cultural significance"o "exhibits an important interchange of human values, over a span of time, or within a cultural

area of the world, on developments in architecture or technology, monumental arts, town-planning, or landscape design"

o "to bear a unique or at least exceptional testimony to a cultural tradition or to a civilization which is living or which has disappeared"

o "is an outstanding example of a type of building, architectural, or technological ensemble or landscape which illustrates a significant stage in human history"

o "is an outstanding example of a traditional human settlement, land-use, or sea-use which is representative of a culture, or human interaction with the environment especially when it has become vulnerable under the impact of irreversible change"

o "is directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance"

Natural criteriao "contains superlative natural phenomena or areas of exceptional natural beauty and aesthetic

importance"

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o "is an outstanding example representing major stages of Earth's history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physiographic features"

o "is an outstanding example representing significant on-going ecological and biological processes in the evolution and development of terrestrial, fresh water, coastal and marine ecosystems, and communities of plants and animals"

o "contains the most important and significant natural habitats for in-situ conservation of biological diversity, including those containing threatened species of outstanding universal value from the point of view of science or conservation"

UNESCO designation as a World Heritage Site provides prima facie evidence that such culturally sensitive sites are legally protected pursuant to the Law of War, under the Geneva Convention, its articles, protocols and customs, together with other treaties including the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and international law.

Thus, the Geneva Convention treaty promulgates:"Article 53. PROTECTION OF CULTURAL OBJECTS AND OF PLACES OF WORSHIP. Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954,' and of other relevant international instruments, it is prohibited:

(a) To commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;(b) To use such objects in support of the military effort;(c) To make such objects the object of reprisals."

ARTICLE 5 “To ensure that effective and active measures are taken for the protection, conservation and presentation of the cultural and natural heritage situated on its territory, each State Party to this Convention shall endeavour, in so far as possible, and as appropriate for each country:

o to adopt a general policy which aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programmes;

o to set up within its territories, where such services do not exist, one or more services for the protection, conservation and presentation of the cultural and natural heritage with an appropriate staff and possessing the means to discharge their functions;

o to develop scientific and technical studies and research and to work out such operating methods as will make the State capable of counteracting the dangers that threaten its cultural or natural heritage;

o to take the appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage; and

o to foster the establishment or development of national or regional centres for training in the protection, conservation and presentation of the cultural and natural heritage and to encourage scientific research in this field.

Gardens can support the national policy by being involved with national planning programmes. They can use their skills in habitat management to counteract the dangers that threaten the natural heritage.

ARTICLE 22Describes the assistance granted by the World Heritage Fund. It may take the following forms:

studies concerning the artistic, scientific and technical problems raised by the protection, conservation, presentation and rehabilitation of the cultural and natural heritage;

provisions of experts, technicians and skilled labour to ensure that the approved work is correctly carried out;

training of staff and specialists at all levels in the field of identification, protection, conservation, presentation and rehabilitation of the cultural and natural heritage;

supply of equipment which the State concerned does not possess or is not in a position to acquire;

ow-interest or interest-free loans which might be repayable on a long-term basis; the granting, in exceptional cases and for special reasons, of non-repayable subsidies.

List in the PH: Baroque Churches of the Philippines Tubbataha Reefs Natural Park Rice Terraces of the Philippine Cordilleras Historic Town of Vigan Puerto-Princesa Subterranean River National Park Mount Hamiguitan Range Wildlife Sanctuary

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BASEL CONVENTION

Scope:1. The following wastes that are subject to transboundary movement shall be “hazardous wastes” for the purposes of this Convention:

(a) Wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III; and (b) Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the Party of export, import or transit.

2. Wastes that belong to any category contained in Annex II that are subject to transboundary movement shall be “other wastes” for the purposes of this Convention.3. Wastes which, as a result of being radioactive, are subject to other international control systems, including international instruments, applying specifically to radioactive materials, are excluded from the scope of this Convention.4. Wastes which derive from the normal operations of a ship, the discharge of which is covered by another international instrument, are excluded from the scope of this Convention.

Overview:Generation of hazardous and other wastes, including household wastes, continues to rise globally with consequential impacts on human health and the environment. The Basel Convention aims to protect human health and the environment against the adverse effects of the generation, management, Transboundary movement and disposal of hazardous and other wastes. This document describes some of the problems of those wastes and explores why and how development agencies and other donors need to take action to assist in improving the current situation. This document is meant to inform donors about the Convention and the needs of developing countries and countries with economies in transition.

The Basel Convention on the Control of Transboundary Movements of Wastes andTheir Disposal is the most comprehensive global environmental agreement on hazardous and other wastes. There are 170 Parties to the Basel Convention. The benefits from the implementation of the Convention are widespread: it plays an important role in protecting human health and the environment, in meeting sustainable development goals and in the reduction of poverty. The Convention regulates the Transboundary movements of hazardous and other wastes and obliges its Parties to ensure that these wastes are managed and disposed of in an environmentally sound manner. Parties are also required to minimize Transboundary movements to the extent consistent with the environmentally sound and

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efficient management of such wastes, and treating and disposing of wastes as close as possible to their place of generation. To meet the short- to medium-term needs of countries and in order to build capacities, Parties under the Basel Convention are exploring new and innovative ways to access bilateral and multilateral assistance. International cooperation and assistance is critical in that many Parties to the Convention lack adequate infrastructures or know-how for managing hazardous wastes properly or lack the capacity to control the import/export of such wastes. This problem is particularly significant because the Convention does not have a stable financial mechanism for capacity-building and technological transfer. Although a Technical Cooperation Trust Fund has been established for ad-hoc voluntary contributions, this voluntary fund has not provided what developing countries and countries with economies in transition need to meet the global and local waste challenge.

Waste is a global issue:Because of the frequency of cross-border movements of hazardous and other wastes around the world, waste is not merely a local or national issue, it is a global issue. In the past unscrupulous practices – which are still evident today – were employed: to transport the hazardous wastes generated in one country to a developing country for “treatment and management”. Often, the wastes were shipped to countries that did not know what they were receiving, nor did they have the capacity or technical expertise to handle the wastes. When this happened, wastes usually entered into the ecosystem, or were randomly burned, or left to rot, contaminating the local water supply and

Our sustainable future: the role of the Basel Conventionbecoming a source of illness and diseases. In short, wastes must be properly handled or the consequences on human health and the environment can be hugely significant. Too often, hazardous and other wastes have been considered a local problem of limited relevance to national or global priorities. Governments are facing conflicting demands and priorities for development and the protection of human health and the environment with limited or even diminishing resources. Consequently, governments are inclined to devote fewer resources and less attention to developing their capacity to manage hazardous and household wastes, including for the implementation of the Basel Convention. The critical challenge is to integrate responses to global threats from hazardous wastes into social and economic development polices at the international, national and local levels. This can be done by raising awareness of impacts, by linking or coordinating the policymaking process across the international, national and local levels, and by coordinating, planning and budget allocations at the national local or sectoral level.

Terms: “Wastes” are substances or objects which are disposed of or are intended to be disposed of

or are required to be disposed of by the provisions of national law; “Management” means the collection, transport and disposal of hazardous wastes or other

wastes, including after-care of disposal sites; “Transboundary movement” means any movement of hazardous wastes or other wastes from

an area under the national jurisdiction of one State to or through an area under the national jurisdiction of another State or to or through an area not under the national jurisdiction of any State, provided at least two States are involved in the movement

“Environmentally sound management of hazardous wastes or other wastes” means taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes;

“Political and/or economic integration organization” means an organization constituted by sovereign States to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve, formally confirm or accede to it;

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STOCKHOLM CONVENTION ON POPS (PERSISTENT ORGANIC POLLUTANTS)

In 1995, the Governing Council of the United Nations Environment Programme (UNEP) called for global action to be taken on POPs, which it defined as "chemical substances that persist in the environment, bio-accumulate through the food web, and pose a risk of causing adverse effects to human health and the environment". Following this, the Intergovernmental Forum on Chemical Safety (IFCS) and the International Programme on Chemical Safety (IPCS) prepared an assessment of the 12 worst offenders, known as the dirty dozen. The INC met five times between June 1998 and December 2000 to elaborate the convention, and delegates adopted the Stockholm Convention on POPs at the Conference of the Plenipotentiaries convened from 22–23 May 2001 in Stockholm, Sweden. The negotiations for the Convention were completed on 23 May 2001 in Stockholm. The convention entered into force on 17 May 2004 with ratification by an initial 128 parties and 151 signatories. Co-signatories agree to outlaw nine of the dirty dozen chemicals, limit the use of DDT to malaria control, and curtail inadvertent production of dioxins and furans. Parties to the convention have agreed to a process by which persistent toxic compounds can be reviewed and added to the convention, if they meet certain criteria for persistence and transboundary threat. The first set of new chemicals to be added to the Convention were agreed at a conference in Geneva on 8 May 2009. As of May 2013, there are 179 parties to the Convention, (178 states and the European Union). Notable non-ratifying states include the United States, Israel, Malaysia, Italy and Iraq. The Stockholm Convention was adopted to EU legislation in REGULATION (EC) No 850/2004

Objective:Mindful of the precautionary approach as set forth in Principle 15 of the Rio Declaration onEnvironment and Development, the objective of this Convention is to protect human health and the environment from persistent organic pollutants.

ARTICLE 4 REGISTER OF SPECIFIC EXEMPTIONS1. A Register is hereby established for the purpose of identifying the Parties that have specific exemptions listed in Annex A or Annex B. It shall not identify Parties that make use of the provisions inAnnex A or Annex B that may be exercised by all Parties. The Register shall be maintained by theSecretariat and shall be available to the public.2. The Register shall include:

(a) A list of the types of specific exemptions reproduced from Annex A and Annex B;(b) A list of the Parties that have a specific exemption listed under Annex A or Annex B; and(c) A list of the expiry dates for each registered specific exemption.

3. Any State may, on becoming a Party, by means of a notification in writing to the Secretariat, register for one or more types of specific exemptions listed in Annex A or Annex B.4. Unless an earlier date is indicated in the Register by a Party, or an extension is granted pursuant to paragraph 7, all registrations of specific exemptions shall expire five years after the date of entry into force of this Convention with respect to a particular chemical.5. At its first meeting, the Conference of the Parties shall decide upon its review process for the entries in the Register.6. Prior to a review of an entry in the Register, the Party concerned shall submit a report to theSecretariat justifying its continuing need for registration of that exemption. The report shall be circulated by the Secretariat to all Parties. The review of a registration shall be carried out on the basis of all available information. Thereupon, the Conference of the Parties may make such recommendations to the Party concerned as it deems appropriate.7. The Conference of the Parties may, upon request from the Party concerned, decide to extend the expiry date of a specific exemption for a period of up to five years. In making its decision, the Conference of the Parties shall take due account of the special circumstances of the developing country Parties and Parties with economies in transition.

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8. A Party may, at any time, withdraw an entry from the Register for a specific exemption upon written notification to the Secretariat. The withdrawal shall take effect on the date specified in the notification.9. When there are no longer any Parties registered for a particular type of specific exemption, no new registrations may be made with respect to it.

What are POPS?Persistent Organic Pollutants (POPs) are organic chemical substances, that is, they are carbon-based. They possess a particular combination of physical and chemical properties such that, once released into the environment, they:

remain intact for exceptionally long periods of time (many years); become widely distributed throughout the environment as a result of natural processes

involving soil, water and, most notably, air; accumulate in the fatty tissue of living organisms including humans, and are found at higher

concentrations at higher levels in the food chain; and are toxic to both humans and wildlife.

As a result of releases to the environment over the past several decades due especially to human activities, POPs are now widely distributed over large regions (including those where POPs have never been used) and, in some cases, they are found around the globe. This extensive contamination of environmental media and living organisms includes many foodstuffs and has resulted in the sustained exposure of many species, including humans, for periods of time that span generations, resulting in both acute and chronic toxic effects. In addition, POPs concentrate in living organisms through another process called bioaccumulation. Though not soluble in water, POPs are readily absorbed in fatty tissue, where concentrations can become magnified by up to 70,000 times the background levels. Fish, predatory birds, mammals, and humans are high up the food chain and so absorb the greatest concentrations. When they travel, the POPs travel with them. As a result of these two processes, POPs can be found in people and animals living in regions such as the Arctic, thousands of kilometers from any major POPs source. Specific effects of POPs can include cancer, allergies and hypersensitivity, damage to the central and peripheral nervous systems, reproductive disorders, and disruption of the immune system. Some POPs are also considered to be endocrine disrupters, which, by altering the hormonal system, can damage the reproductive and immune systems of exposed individuals as well as their offspring; they can also have developmental and carcinogenic effects.

12 Initial POPS in the Convention: Pesticides: aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, hexachlorobenzene, mirex,

toxaphene; Industrial chemicals: hexachlorobenzene, polychlorinated biphenyls (PCBs); and By-products: hexachlorobenzene; polychlorinated dibenzo-p-dioxins and polychlorinated

dibenzofurans (PCDD/PCDF), and PCBs.

Main Provisions:Among others, the provisions of the Convention require each party to:

Prohibit and/or eliminate the production and use, as well as the import and export, of the intentionally produced POPs that are listed in Annex A to the Convention (Article 3)

Annex A allows for the registration of specific exemptions for the production or use of listed POPs, in accordance with that Annex and Article 4, bearing in mind that special rules apply to PCBs. The import and export of chemicals listed in Annex A can take place under specific restrictive conditions, as set out in paragraph 2 of Article 3.

Restrict the production and use, as well as the import and export, of the intentionally produced POPs that are listed in Annex B to the Convention (Article 3)

Annex B allows for the registration of acceptable purposes for the production and use of the listed POPs, in accordance with that Annex, and for the registration of specific exemptions for

the production and use of the listed POPs, in accordance with that Annex and Article 4. The import and export of chemicals listed in Annex B can take place under specific restrictive conditions, as set out in paragraph 2 of Article 3.

Reduce or eliminate releases from unintentionally produced POPs that are listed in Annex C to the Convention (Article 5)

The Convention promotes the use of best available techniques and best environmental practices for preventing releases of POPs into the environment.

Ensure that stockpiles and wastes consisting of, containing or contaminated with POPs are managed safely and in an environmentally sound manner (Article 6)

The Convention requires that such stockpiles and wastes be identified and managed to reduce or eliminate POPs releases from these sources. The Convention also requires that wastes containing POPs are transported across international boundaries taking into account relevant international rules, standards and guidelines.

To target additional POPs (Article 8) The Convention provides for detailed procedures for the listing of new POPs in Annexes A, B

and/or C. A Committee composed of experts in chemical assessment or management - the Persistent Organic Pollutants review Committee, is established to examine proposals for the listing of chemicals, in accordance with the process set out in Article 8 and the information requirements specified in Annexes D, E and F of the Convention.

Other provisions of the Convention relate to the development of implementation plans (Article 7), information exchange (Article 9), public information, awareness and education (Article 10), research, development and monitoring (Article 11), technical assistance (Article 12), financial resources and mechanisms (Article 13), reporting (Article 15), effectiveness evaluation (Article 16) and non-compliance (Article 17).

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ROTTERDAM CONVENTION

The text of the Rotterdam Convention was adopted on 10 September 1998 by a Conference of Plenipotentiaries in Rotterdam, the Netherlands. The Convention entered into force on 24 February 2004.

The objectives of the Convention are:to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health and the environment from potential harm;to contribute to the environmentally sound use of those hazardous chemicals, by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export and by disseminating these decisions to Parties.The Convention creates legally binding obligations for the implementation of the Prior Informed Consent (PIC) procedure. It built on the voluntary PIC procedure, initiated by UNEP and FAO in 1989 and ceased on 24 February 2006.

Major Provisions:The Convention covers pesticides and industrial chemicals that have been banned or severely restricted for health or environmental reasons by Parties and which have been notified by Parties for inclusion in the PIC procedure. One notification from each of two specified regions triggers consideration of addition of a chemical to Annex III of the Convention. Severely hazardous pesticide formulations that present a risk under conditions of use in developing countries or countries with economies in transition may also be proposed for inclusion in Annex III.

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Once a chemical is included in Annex III, a "decision guidance document" (DGD) containing information concerning the chemical and the regulatory decisions to ban or severely restrict the chemical for health or environmental reasons, is circulated to all Parties.

Parties have nine months to prepare a response concerning the future import of the chemical. The response can consist of either a final decision (to allow import of the chemical, not to allow import, or to allow import subject to specified conditions) or an interim response. Decisions by an importing country must be trade neutral (that is, decisions must apply equally to domestic production for domestic use as well as to imports from any source).

The import decisions are circulated and exporting country Parties are obligated under the Convention to take appropriate measure to ensure that exporters within its jurisdiction comply with the decisions.

The Convention promotes the exchange of information on a very broad range of chemicals. It does so through:

the requirement for a Party to inform other Parties of each national ban or severe restriction of a chemical;

the possibility for Party which is a developing country or a country in transition to inform other Parties that it is experiencing problems caused by a severely hazardous pesticide formulation under conditions of use in its territory;

the requirement for a Party that plans to export a chemical that is banned or severely restricted for use within its territory, to inform the importing Party that such export will take place, before the first shipment and annually thereafter;

the requirement for an exporting Party, when exporting chemicals that are to be used for occupational purposes, to ensure that an up-to-date safety data sheet is sent to the importer; and

labeling requirements for exports of chemicals included in the PIC procedure, as well as for other chemicals that are banned or severely restricted in the exporting country.

How it worksThe Rotterdam Convention works through involving several mechanisms and players, as described below.

The MechanismsTo achieve its objectives the Convention includes two key provisions, namely the Prior Informed Consent (PIC) Procedure and Information Exchange. The Prior Informed Consent (PIC) procedure – The PIC procedure is a mechanism for formally obtaining and disseminating the decisions of importing Parties as to whether they wish to receive future shipments of those chemicals listed in Annex III of the Convention and for ensuring compliance with these decisions by exporting Parties. more...

Information Exchange - The Convention facilitates information exchange among Parties for a very broad range of potentially hazardous chemicals. The Convention requires each Party to notify the Secretariat when taking a domestic regulatory action to ban or severely restrict a chemical. more...

The PlayersParties and their Designated National Authorities (DNAs) – Parties are countries or regional economic integration organizations that have ratified, accepted, approved or acceded to the Convention. Each Party must designate one or more national authorities, which are the primary contact points for matters related to the operation of the Convention and are authorized to perform the administrative functions required by the Convention. DNAs are also the key contact point for matters related to the Convention for other Parties and the Secretariat.

Conference of the Parties (COP) - The Conference of the Parties oversees the operation of the Convention and makes decisions regarding amendments to the Convention, including the addition of chemicals to Annex III.

Chemical Review Committee (CRC) - The Chemical Review Committee is a subsidiary body of the COP. Its members are government designated experts in chemicals management. Its responsibilities include reviewing notifications and proposals from Parties, and making recommendations to the COP on the addition of chemicals to Annex III.

Secretariat - The functions of the Secretariat include making administrative arrangements for meetings of the COP and its subsidiary bodies, verifying information accompanying notifications and proposals, disseminating import responses provided by the Parties, facilitating assistance to developing country Parties, facilitating information exchange between Parties and fostering collaboration and cooperation with other international organizations.

ARTICLE 31. This Convention applies to:

(a) Banned or severely restricted chemicals; and (b) Severely hazardous pesticide formulations.

2. This Convention does not apply to: (a) Narcotic drugs and psychotropic substances; (b) Radioactive materials; (c) Wastes; (d) Chemical weapons; (e) Pharmaceuticals, including human and veterinary drugs; (f) Chemicals used as food additives; (g) Food; (h) Chemicals in quantities not likely to affect human health or the environment provided they are imported:

(i) For the purpose of research or analysis; or (ii) By an individual for his or her own personal use in quantities reasonable for such use.

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UNCLOS

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is the most comprehensive attempt at creating a unified regime for governance of the rights of nations with respect to the world's oceans. The treaty addresses a number of topics including navigational rights, economic rights, pollution of the seas, conservation of marine life, scientific exploration, piracy, and more. The treaty, one of the longest in history, is comprised of 320 articles and 9 annexes, representing the codification of customary international law and its progressive development.

Historical Background:Since humanity first set forth upon the seas, the issue of sovereign control over the oceans has been an ongoing concern. Prior to the 20th century, the oceans had been subject to the freedom of the seas doctrine. This principle, adopted in the 17th century, limited national rights and jurisdiction over a narrow band of water along a nations coast, the rest of the sea being free to all and belonging to none. Nearly a century later, the "cannon-shot" rule became the basis for determining how much of the adjacent oceans were under the jurisdiction of a nation. The cannon-shot rule set forth that a nation controlled a territorial sea as far as a projectile could be fired from a cannon based on shore. In the 18th

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century this range was approximate three nautical miles. As time progressed, three miles became the widely accepted range for the territorial sea.

Due to the slow pace of technological developments prior to the Industrial Revolution, these simple rules provided effective governance of the world's oceans. With the technological developments of the mid-19th and early-20th centuries, however, not only did ships become more powerful, but technology allowed humanity to exploit ocean resources that had never before been envisioned. Fishermen, once limited to areas near their own coasts, were now equipped with vessels that could allow them to stay at sea for months at a time and capture fish harvests that were far from their native waters. Virtually unrestrained, fleets from around the world traveled to areas rich in fish-stocks. The lack of restraint on the part of these fishermen resulted in fish stocks around the world being depleted without regard to the stability of their numbers.

Evolving technology also allowed for the exploitation of previously inaccessible off-shore resources, most notably oil (but also diamonds, gravel, and precious metals). To illustrate the rapidity of these developments, in 1947 off-shore oil production in the Gulf of Mexico was still less than 1 million tons. By 1954, production had grown close to 400 million tons. As a matter of perspective, just in the Gulf of Mexico, the United States alone currently produces 218,192 tons daily, for a total of 79.6 million tons annually, reflecting a steadily decreasing trend that began in the 1970's.

In order to protect local resources, be they biological or mineral, nations began expanding their claims of sovereignty beyond the traditional 3 mile limit. The first nation to challenge the long-standing freedom of the seas doctrine was the United States. On September 28, 1945, President Harry S. Truman signed what has become commonly known as the Truman Proclamation. The proclamation set a claim of sovereignty by the United States to the outer continental shelf (OCS) and the resources therein as well as establishing the right of the U.S. to establish conservations zones "in areas of the high seas contiguous to the coasts of the United States." While recognizing some limited sovereignty over an expanded region of the sea, the proclamation was careful to stipulate that the new US policy did not affect "the right [of] free and unimpeded navigation."

After the United States expanded its claim, it was not long before other nations followed suit. By 1950, Argentina was actively claiming its continental shelf as well as the water column above it, Ecuador, Chile, and Peru were asserting rights over a 200-mile zone in order to protect its biological resources from foreign fleets, and a spate of Arab and Eastern European nations were laying claim to a 12-mile territorial sea. There was a growing understanding, however, that such a fractured regime could not continue.

What was the rationale for UNCLOS?In the past, the three-mile rule was traditionally used by coastal states to determine the limits of their territorial waters. After World War II, however, states began extending their control beyond previous limits. In 1945, due to domestic oil demands, the United States claimed the right to harvest the natural resources in its continental shelf. Chile, Peru, and Ecuador asserted sovereign rights over a 200-mile zone, hoping to limit the access of foreign fishing fleets and prevent the depletion of fish stocks in their adjacent seas. Egypt, Ethiopia, Saudi Arabia, Libya, Venezuela, and some Eastern European countries claimed 12 miles as part of their territorial seas. Meanwhile, archipelagic nations such as Indonesia and the Philippines asserted the right to dominion over the waters that separated their islands. Because of this multitude of claims and counterclaims, the UNCLOS became necessary to resolve conflicts among countries over the seas adjacent to their coasts.

What are the main provisions of the treaty? The UNCLOS provides for the following:

Baseline – Determined by connecting points on the coastline from a large map, this is the starting point for measuring the maritime territory of a coastal state. Territorial sea – This is the belt of sea 12 nautical miles from the baseline. In this area, the coastal state exercises sovereign rights and may arrest foreign ships. Contiguous Zone – This is the maritime area not exceeding 24 nautical miles from the baselines. The coastal state exercises authority over this area to the extent necessary to prevent infringement of its customs, fiscal, immigration, or sanitation authority over its territorial waters. This is a response to the practice of foreign ships lingering beyond a state’s territorial sea, and thus beyond its criminal jurisdiction, where they commit acts inimical to the coastal state. Exclusive Economic Zone or EEZ – This is the maritime area within 200 nautical miles from a country’s baseline. Within the EEZ, the coastal state has rights over the economic resources of the sea, seabed, and subsoil to the exclusion of other states. However, other nations have the right of navigation and overflight over this area, subject to the regulation of the coastal state. Continental Shelf – This is the seabed and subsoil of the submarine areas adjacent to the coastal state but outside the territorial sea. The continental shelf extends 200 nautical miles, and in some cases may extend up to 350 miles, following the natural prolongation of the soil. The coastal state has the right to explore and exploit the natural resources in this area, but this right does not extend to other materials such as shipwrecks. What are the penalties for failure to comply with the provisions of UNCLOS?In case of disputes, states are mandated to settle their dispute by peaceful means. This may be done through an arbitration procedure of their choice. If no settlement is reached through an arbiter, they can bring the case to the ITLOS, the International Court of Justice (the tribunal of the United Nations), or a special tribunal. These tribunals mete out the penalties, which may be in the form of payment of reparations. What is the ITLOS?The International Tribunal on the Law of the Sea is the court created under UNCLOS to settle disputes between states. These include matters regarding the interpretation or application of the Convention, and other issues that may be submitted to it for adjudication by the parties. It also has the power to issue advisory opinions. The Tribunal has 21 judges from various states and is based in Hamburg, Germany. Has the ITLOS resolved any case so far? To date, 19 cases have been submitted to the Tribunal. Two cases are pending before the Tribunal. One of the cases handled by the ITLOS was the complaint from New Zealand and Australia regarding Japan’s experimental fishing program, which they said resulted in the overfishing of Bluefin Tuna. ITLOS provisionally ordered the parties to keep catches to the level they had agreed on, and to refrain from conducting fishing programs.

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