An Explanatory Guide To The Cartagena Protocol On Biosafety: by G. M. La Vina, Ruth Mackenzie

By G. M. La Vina, Ruth Mackenzie

The most aim of the advisor is to facilitate the certainty of the felony responsibilities of the events less than the Cartagena Protocol on Biosafety. it's an explanatory advisor, which makes an attempt to supply a data base at the content material and foundation of the provisions of the Protocol. whereas it's was hoping that the consultant will give a contribution to the implementation of the Protocol, it isn't meant as a close advisor on tips to enforce the Protocol on the nationwide point. quite it makes an attempt to supply an available rationalization of the Protocol's provisions and to spot matters which events will want to think of as they make a decision the best way to enforce the Protocol.

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Extra resources for An Explanatory Guide To The Cartagena Protocol On Biosafety: IUCN Environmental Law Paper No. 46

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Countries that become Parties to the Protocol will have to contribute to any additional costs of Secretariat services for the Protocol, and the first meeting of the Parties will decide on budgetary arrangements in this regard. Decision V/11, paragraph 11, UNEP/CBD/COP/5/23. Decision VI/17, UNEP/CBD/COP/6/20. 19 An Explanatory Guide to the Cartagena Protocol on Biosafety 111. At its first meeting, the meeting of the Parties is due to consider and approve cooperative procedures and institutional mechanisms to promote compliance with the provisions of the Protocol and to address cases of non-compliance (Article 30).

States that sign the Protocol must not act against the objective, and the implementation of the Protocol must conform to the objective. Several operative provisions of the Protocol refer back to the objective in terms of the standard of conduct required by Parties (see for example Articles 2(4), 14, and 24) 161. A provision on the objective is found in most modern multilateral environmental agreements. The purpose of such a provision is to state, in fairly general terms, the aim that the treaty is meant to achieve: the reason for its existence.

This paragraph points to the need for capacity-building for biosafety, which is reflected in several operative provisions of the Protocol, in particular Article 22. Recognizing that trade and environment agreements should be mutually supportive with a view to achieving sustainable development, Emphasizing that this Protocol shall not be interpreted as implying a change in the rights and obligations of a Party under any existing international agreements, Understanding that the above recital is not intended to subordinate this Protocol to other international agreements, 143.

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