The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, consider and approve cooperative procedures and. An Explanatory Guide to the Cartagena Protocol on Biosafety. IUCN Environmental Law Paper No. pages x G. M. La Vina and Ruth Mackenzie. An Explanatory Guide to the Cartagena Protocol on Biosafety: IUCN Environmental Law Paper No. 46 (Environmental Policy & Law Papers) [G. M. La Vina, Ruth.
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Rio Declaration on Environment and Development, available here By contrast, a dispute settlement procedure constitutes a legal and institutional framework for solving conflicts or disagreements between two or more Parties.
The legal effect of the objective is such that where a State signs the Protocol and becomes a Party, the State should strive to conform to the Objective of the Cartagena Protocol in the ratification process by ensuring that the enacted national law contributes to an adequate level of protection.
The Cartagena Protocol provides the minimum documentation requirements for the intentional transboundary movement of LMOs and each Party may within its domestic regulatory framework require additional information that is not included in the handling, transport, packaging and identification of LMOs requirements provided that the requirements are in line with the objectives of the Cartagena Cartqgena.
The objective of the Cartagena Protocol provides: The BCH will serve as a repository of information necessary for the implementation of the Protocol and will provide a means for the exchange of information between Parties as well as any other international biosafety information mechanism. Id Article 19 4. The right of any Party to subject any living modified organism intended for human pharmaceutical to risk assessment is left at the discretion of each Party as the exemption in Article 5 is without prejudice to any right of a Party to subject all living modified organisms to risk assessment prior to making of fo on import Article 34 addresses the need to develop a mechanism to promote compliance of Parties with their obligations under the Protocol.
The CBD entered into force on 29 December and has 3 explahatory objectives:. The level of protection should ideally be set to fo that any threats biosafett might potentially harm the environment are minimized.
Living modified organisms in transit or those destined for contained use are regulated under Article 6 of the Cartagena Protocol.
National reports submitted in accordance with Article 33and the self-monitoring to be carried out by each Party in accordance with that provision, are likely to provide an important basis for the work of a future compliance mechanism.
Referral of a compliance problem to the mechanism: Unlike a dispute settlement procedure, a compliance mechanism is basically a multilateral and non-confrontational instrument.
A Party dealing with a non-Party has the burden to ensure that any bilateral, regional and multilateral agreements and arrangements on transboundary movements of living modified organisms are consistent with the objectives of the Protocol.
In general, a Party can refer to the body problems it is facing in trying to comply with its own obligations; Parties may also be able to refer matters pertaining to another Party’s compliance; and the Secretariat may refer to the body ccartagena identified in reviewing the reports submitted by Parties.
Under the Vienna Convention of the Law explanatorj Treaties, a Protocol cannot create rights and obligations for non-parties without their consent Legally, where an unintentional transboundary movement occurs within the jurisdiction of a Party, the Party is under an obligation to notify any affected or potentially affected States, the Biosafety Clearing-House and international organizations where appropriate. Core elements and characteristics of existing and emerging compliance mechanisms in multilateral environment agreements Compliance procedures and mechanisms adopted, or under development, under other multilateral environment agreements to date tend to include a number of common core elements and characteristics.
Based on its considerations, the Committee makes recommendations for the amicable solution of the problem.
Access to the body is generally restricted to Parties to the treaty concerned. Generally, each category of LMO has different documentation requirements biosafehy the Protocol as follows: The core of the mechanism is the Implementation Committee, consisting of guidee of 10 Parties, which are elected by the Meeting of the Parties based on equitable geographical distribution. In this sense, a compliance mechanism might help to prevent disputes and thus the need for dispute settlement.
To promote compliance, to address cases of non-compliance, and to provide advice or assistance to Parties to help them comply Nature: Thus each Party should strive to ensure that it makes available to the BCH all the information that it uses in the implementation of the Protocol. Intentional transboundary movement between Parties and non-parties is regulated through Article 24 of the Protocol which provides that such movements shall be consistent with the objective of the Cartagena Protocol The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms.
It has been operational for several years. At the time of writing, the compliance mechanism was not yet in effect. In addition, the Secretariat may bring to the attention of the Committee cases of possible non-compliance it becomes aware of, in the event that it has not received a satisfactory expalnatory from the Party concerned.
explanatory guide to the Cartagena Protocol on Biosafety 
The Party or Parties concerned are entitled to participate in the deliberations of the Committee. Article 34 expressly requires that these procedures and mechanisms shall include provisions on advice and assistance. The Article further allows a Party of Export or notifier to request for a review of decision where a change in circumstances has occurred that may influence an outcome of a risk assessment cargagena was the basis explanxtory the decision.
The Cartagena Protocol is essentially a multilateral environmental agreement MEA to regulate environmental issues related to the intentional movement of living modified organisms.
An explanatory guide to the Cartagena protocol on biosafety | IUCN
One aspect of this issue is whether members of the committee serve in a personal capacity or as cartwgena of their respective governments. It operates independently of, and without prejudice to, the dispute settlement procedure as laid down in Article 11 of the parent treaty to the Protocol, the Vienna Convention for the Protection of the Ozone Layer.
If the parties to the dispute have not, in accordance with paragraph 3 above, accepted the same or any procedure, the dispute shall be submitted to conciliation in accordance with Part 2 of Annex II unless the parties otherwise agree. The Party of Import still retains the right to subject the LMOs destined for contained use to risk assessment and to set the standards and requisite regulations.
explanatory guide to the Cartagena Protocol on Biosafety
When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 or paragraph 2 above, it accepts one or both of the following means of dispute settlement as compulsory:. To examine cases of possible non-compliance, with a view to proposing a solution, and to make recommendations for concrete responses to the Parties explanatoryy or to the Conference of the Parties to the agreement.
It is worth noting that while most multilateral environmental agreements, like the CBD, provide procedures for dispute settlement, these tend to be optional and have not, in practice, been used.