In preparation for the conference it is important to understand the issues and development of past conferences. We organized a study circle and did some research.
The List of the Academic Articles on the Rotterdam Convention
〔 English Materials 〕
I. Articles on the PIC Convention and Related Topics (2006.08.13) |
| Author |
Title |
Journal |
Vol. |
Year |
Page |
| Truelsen |
Developments in Toxics in 2004: The Ratification of the Stockholm Convention and the Rotterdam Convention |
Colorado J of Int’l Envt L & Pol’y. |
Vol. 16 |
2005 |
217-230 |
| McDorman |
The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade: Some Legal Notes |
Rev of Eur. Comm. & Int’l Envtl L. |
Vol. 13. Issue 2. |
2004 |
187-200 |
| Barrios |
The Rotterdam Convention on Hazardous Chemicals: A meaningful Step Toward Environmental Protection? |
Georgetown Int’l Envtl L Rev. |
Vol. 16 |
2003-2004 |
679-762 |
| Langlet |
Prior informed consent for hazardous chemicals trade: implementation in EC law |
Eur. Envtl L Rev. |
Vol.11 |
2003 |
292-308 |
| Redgwell |
Regulating Trade in Dangerous Substances : Prior Informed Consent Under the 1998 Rotterdam Convention |
Economic Globalization and Compliance with Int'l Envtl Agreements |
|
2003 |
75-88 |
| Wolf |
Informed Consent: A Negotiated Formula for Trade in Risky Organisms and Chemicals |
International Negotiation |
Vol.5. No.3 |
2003 |
85-521 |
| Pallemaerts |
Hazardous substances and waste, other than nuclear I. International transfer of restricted or prohibited substances |
Yearbook of Int'l Envtl L. |
Vol.13 |
2002 |
313-322 |
| Emory, Jr |
Probing the Protections in the Rotterdam Convention on Prior Informed Consent |
Colorado J of Int’l Envtl L & Pol’y |
Vol. 12 |
2001 |
47-69 |
| Ahmad |
Legal regulation of hazardous substances: international scenario |
Delhi L. Rev. |
Vol.22 |
2000 |
110-130 |
| Heyvaert |
Regulation of chemicals |
Yearbook of Int'l Envtl L. |
Vol.11 |
2000 |
229-240 |
| Pallemaerts |
International transfer of restricted or prohibited substances |
Yearbook of Int'l Envtl L. |
Vol.11 |
2000 |
229-240 |
| Ahlers |
The EU Existing Chemicals Regulation: A Suitable Tool for Environmental Risk Assessment and Risk Management? |
Envtl Science and Pollution Research |
Vol. 6. No. 3 |
1999 |
127-129 |
| Balkin |
The Hazardous and Novious Substances Convention: travail or travaux -the making of an international convention |
The Australian yearbook of Int'l L. |
No.20 |
1999 |
1-33 |
| Heyvaert |
Regulation of chemicals |
Yearbook of Int'l Envtl L. |
Vol.10 |
1999 |
276-284 |
| Kummer |
Prior Informed Consent for Chemicals in International Trade: The 1998 Rotterdam Convention |
Rev of Eur. Comm. & Int’l Envtl L |
Vol. 8. Issue 3 |
1999 |
323-330 |
| Pallemaerts |
Hazardous substances and waste, other than nuclear |
Yearbook of Int'l Envtl L. |
Vol. 10 |
1999 |
273-276 |
| Ross |
Legally Binding Prior Informed Consent |
Colorado J of Int’l Envtl L & Pol’y |
Vol. 10 |
1999 |
499-529 |
| VanDorn |
The Rotterdam Convention |
Colorado J of Int’l Envtl L & Pol’y |
Vol. 10 |
1999 |
281-290 |
| Zahedi |
Implementing the Rotterdam Convention: The Challenges of Transforming Aspirational Goals into Effective Controls on Hazardous Pesticide Exports to Developing Countries |
Georgetown Int’l Envtl L Rev. |
Vol. 11 |
1998-1999 |
707-739 |
| Reynolds |
International Pesticide Trade: Is There Any Hope for the Effective Regulation of Controlled Substances? |
J of Land Use & Envtl L |
Vol. 13 |
1997-1998 |
69-105 |
| Heyvaert |
Regulation of chemicals |
Yearbook of Int'l Envtl L. |
Vol.7 |
1996 |
182-188 |
| Pallemaerts |
International transfer of restricted or prohibited substances |
Yearbook of Int'l Envtl L. |
Vol.7 |
1996 |
176-182 |
| Colopy |
Poisoning the Developing World: The Exportation of Unregistered and Severely Restricted Pesticides from the United States |
UCLA J of Envtl L & Pol’y |
Vol. 13 |
1994-1995 |
167-223 |
| Subramanya |
Legal control of transboundary movement of hazardous substances : North South issues and a model for reform |
Indian J.of Int'l L. |
Vol.33 |
1993 |
41-48 |
| Baender |
Pesticides and Precaution: The Bamako Convention as a Model for an International Convention on Pesticides Regulation |
NYU J of Int’l L & Pol. |
Vol. 24 |
1991-1992 |
557-609 |
| Micklitz |
International Regulation and Control of the Production and Use of Chemicals and Pesticides: Perspectives for a Convention |
Michigan J of Int’l L |
Vol. 13 |
1991-1992 |
653-697 |
| Uram |
International Regulation of the Sale and Use of Pesticides |
Northwestern J of Int’l L & Bus. |
Vol. 10 |
1989-1990 |
460-478 |
| Mehri |
Prior Informed Consent: An Emerging Compromise for Hazardous Exports |
Cornell Int’l L J |
Vol. 21 |
1988 |
366-389 |
II.Article on Non-Compliance Procedure |
Shibata |
The Basel compliance mechanism |
Rev of Eur. Comm. & Int'l Envtl L. |
Vol.12. No.2 |
2003 |
183-198 |
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〔 Japanese Articles〕
1.PIC |
| 西井正弘 |
地球環境条約 : 生成・展開と国内実施 |
|
|
2005 |
|
| 中山 保宏 |
国際貿易の対象となる特定の有害な化学物質及び駆除剤についての事前のかつ情報に基づく同意の手続に関するロッテルダム条約(PIC条約)の概要 |
貿易実務ダイジェスト |
44巻10号 (通号 518) |
2004 |
18~24 |
| 相澤 寛史 |
紹介 PIC (Prior Informed Consent:事前通報同意)について |
環境情報科学 |
31巻2号 |
2002 |
45~49 |
2.Non-Compliance Procedure |
柴田 明穂 |
バーゼル条約遵守メカニズムの設立--交渉経緯と条文解説 |
岡山大学法学会雑誌 |
52巻4号 (通号 184) |
2003 |
851~907 |
| |
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|
| (a) the Intergovernmental Negotiating Committee (INC) |
| ☆10 September 1998 |
The text of the Convention was adopted. |
16.Jul.99 |
UNEP/FAO/PIC/INC.6/7* |
Report of the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade on the work of its sixth session |
| |
|
* The secretariat was reqested to prepare documentation, for submittion to the Committee at its seventh session on procedures and institutional mechanisms for determing non-compliance. |
| (⇒UNEP/FAO/PIC/INC.7/10) |
| 21.Aug.00 |
UNEP/FAO/PIC/INC.7/10 |
Preparation for the Conference of the Parties: non-compliance |
| 9.Nov.00 |
UNEP/FAO/PIC/INC.7/15* |
Report of the Intergovernmental Negotiating Committee for an international legally binding instrument for the application of the prior informed consent procedure for certain hazardous Chemicals and pesticides in international trade on the work of its seventh session |
| |
|
* The secretariat was requested to develop a model for a procedure to handle cases of non- compliance and to submitt the model to the Committee at its eighth session. |
| All members were invited to provide their inputs on the issue to the secretariat by 1 February 2001. |
| (⇒UNEP/FAO/PIC/INC.8/INF2, UNEP/FAO/PIC/INC.8/14 annex) |
| * The secretariat was requested to draft for submittion at its eighth session an outline of a possible reporting procedure. |
| All members were invited to provide proposals, information and views on the matter of reporting to the secretariat by 1 February 2001. |
| (⇒UNEP/FAO/PIC/INC.8/INF2, UNEP/FAO/PIC/INC.8/15 annex II) |
| 21.Jun.01 |
UNEP/FAO/PIC/INC.8/15 |
Preparation for the Conference of the Parties |
| 27.Jul.01 |
UNEP/FAO/PIC/INC.8/14 |
Procedures and Institutional Mechanisms for handling cases of non-compliance |
| 13.Aug.01 |
UNEP/FAO/PIC/INC.8/INF2 |
Compilation of responses and input from Governments |
| 12.Oct.01 |
UNEP/FAO/PIC/INC.8/19* |
Report of the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade on the work of its eighth session |
| |
|
* It was decided to deal with the issue of non-compliance in an extended open-ended legal working group, using the documents UNEP/FAO/PIC/INC.8/14 and UNEP/FAO/PIC/INC.8/15 as a basis for discussion. |
| * It was decieded to reconvene the woking group as a "compliance" working group at the Committee's ninth session. |
| The secretariat was requested to produce a paper based on the draft model procedures and institutional mechanisms set out in document UNEP/FAO/PIC/INC.8/14, the specific ideas brought forward at the plenary of the Committee's current session, the views expressed by representatives in the working group etc. |
| The members of the Committee were requested to forward their written comments to the secretariat by 31 March 2002. |
| (⇒UNEP/FAO/PIC/INC.9/16 annex) |
| * It was also agreed that the possible reporting procedure contained in annex II to document UNEP/FAO/PIC/INC.8/15, be subject to a similar process. |
| Members are requested to forward their written comments no later than 31 March 2002, so that a paper could be presented at the Committee's ninth session. |
| (⇒UNEP/FAO/PIC/INC.9/15 annex) |
| 30.Jul.02 |
UNEP/FAO/PIC/INC.9/15 |
Reporting on the Implementation of the Convention |
| 30.Jul.02 |
UNEP/FAO/PIC/INC.9/16 |
Procedures and institutional mechanisms for handling cases of non-compliance |
| 14.Nov.02 |
UNEP/FAO/PIC/INC.9/21* |
Report of the Intergovernmental Negotiating Committee for an international legally binding instrument for the application of the prior informed consent procedure for certain hazardous Chemicals and pesticides in international trade on the work of its ninth session |
| |
|
* An open-ended working group was established to disscuss mechanisms and procedures on compliance based on the documentation prepared by the secretariat. |
| It agreed that a negotiating document on the subject should be prepared for consideration by the Committee at its tenth session. |
| * The secreatriat was invited to prepare, for consideration at the tenth session of the Intergovernmental Negotiation Committee, a draft decision of the first meeting of the Conference of the Parties on reporting and a questionnaire, reflecting the deliberation of the group. |
| (⇒UNEP/FAO/PIC/INC.10/19 annex) |
| * The working group on compliance produced a woking draft of procedures and institutional mechanismus for handling cases of non-compliance, as set out in annexⅦ. |
| * It was agreed to reconvene the working group on compliance at tenth session of the Committee, at an early stage in its proceedings. |
| It was agreed that the Chair of the working group on compliance would prepare a Chair's draft in order to facilitate discussion. |
| (⇒UNEP/FAO/PIC/INC.10/20 annex) |
| 21.Aug.03 |
UNEP/FAO/PIC/INC.10/20 |
Draft of procedures and institutional mechanisms for handling cases of non-compliance, by the chair of the working group on compliance |
| 27.Aug.03 |
UNEP/FAO/PIC/INC.10/19 |
Reporting on the implementation of the convention |
| 21.Nov.03 |
UNEP/FAO/PIC/INC.10/24* |
Report of the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade on the work of its tenth session |
| |
|
* Mr. McGlone, the chiar of the open-ended working group introduced a draft text that he had prepared on pocedures and institutional mechanisms for handling the cases of non-compliance, as requested by the Committee at the ninth session. |
| * It was decided to reconvene the open-ended working group on complinance, established at its ninth session, under the chairmanship of Mr. Mcglone, and requested that it review the the draft prepared by its chair, as well as the draft decision and questionnaire presented in the secretariat's note, and report back to plenary on its deliberation. |
| (⇒UNEP/FAO/RC/COP.1/20) |
| * It was decided to forward the draft as contained in annex VIII to the Conference of the Parties for consideration at its first meeting. |
| (⇒UNEP/FAO/RC/COP.1/20) |
| * The secretariat was requested to prepare a revised document on reporting, taking into account the commnets provided by the working group during the current session as well as further comments received from Governments by 31January 2004, and to submit it to the Conference of the Parties at its first meeting. |
| (⇒UNEP/FAO/RC/COP.1/20/Add1 annex) |
| (b) the Conference of the Parties (COP) |
| the Open-Ended adhoc Working Group on article 17 (OEWG) |
| ☆24 February 2004 |
The Convention entered into force. |
| 9.Jun.04 |
UNEP/FAO/RC/COP.1/20 |
Non-compliance: Procedures and institutional mechanisms for determining non compliance with the provisions of the Convention and for the treatment of Parties found to be in non-compliance |
| 30.Jun.04 |
UNEP/FAO/RC/COP.1/20 /Add1 |
Non-compliance: reporting on the implementation of the Convention |
| 22.Oct.04 |
UNEP/FAO/RC/COP.1/33* |
Report of the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade on the work of its first meeting |
| |
|
*The Committee of the Whole considered a proposal suggesting the convening of an open-ended ad hoc working group to consider the issue of non-conpliance. The Committee approved the decision on the item, as amended and ad referendum, and submitted it to the Conference of Parties for its consideration and possible adoption.(Report of the Committee of the Whole in annex III) |
| *Decision RC-1/10 on non-compliance, submitted by the Committee of the Whole and adopted by the Conference, is contained in annex I. It decides to convene an open-ended ad hoc working group on article 17 (OEWG) immediately prior to its second meeting, with a view to preparing for and carring forward deliberations on the issue. |
| (⇒UNEP/FAO/RC/OEWG.1/1,UNEP/FAO/RC/COP.2/11, UNEP/FAO/RC/OEWG.1/1/Add.1) |
| 15.Apr.05 |
UNEP/FAO/RC/OEWG.1/1 |
Provisional Agenda |
| 9.May.05 |
UNEP/FAO/RC/OEWG.1/2 |
Non-compliance: Procedures and institutional mechanisms for determining non compliance with the provisions of the Convention and for the treatment of Parties found to be in non-compliance - Note by the secretariat |
| |
|
(The document UNEP/FAO/RC/COP.1/20 was presented to the Working Group in the annex.) |
| 30.May.05 |
UNEP/FAO/RC/OEWG.1/1/Add.1 |
Annotated Provisional Agenda |
| 4.Jul.05 |
UNEP/FAO/RC/COP.2/11 |
Non-compliance: Procedures and institutional mechanisms for determining non compliance with the provisions of the Convention and for the treatment of Parties found to be in non-compliance |
| ☆26,27 September 2005 |
A meeting of Open-ended Ad Hoc Working Group on Non-compliance was held at FAO headquarters in Rome. |
| 28.Sep.05 |
UNEP/FAO/RC/OEWG.1/3* |
Report of the Open-ended Ad Hoc Working Group on Non Compliance on the work of its first session |
| |
|
*The Working Group decided to establish a drafting group to consider the issue on which agreement could not be reached in its plenary, chaired by Mr. Naresh Dayal (India) and Mr. Nicholas Kiddle (NZ). The outcome was reported to the Working Group. |
| *The draft text as agreed by the Working Group is contained in the annex. |
| The Working Group also agreed to recommend to the Conference of the Parties that it be reconstituted as a contact group during the second meeting of the Conference to continue working on the draft text set out in its report. |
| *The Working Group adopted its report on the basis of the draft report contained in document UNEP/FAO/RC/OEWG.1/L.1, on the understanding that the secretariat would be entrusted with its finalization. |
| 12.Oct.05 |
UNEP/FAO/RC/COP.2/19* |
Report of the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade on the work of its second meeting |
| |
|
*It was agreed to establish a contact group, as suggested by the Working Group, to be chaired by Mr. Langlois (Canada), Chair of the Open-ended Ad Hoc Working Group on Non-compliance, to continue the deliberations on non- compliance during the current meeting. |
| |
|
Following the group's deliberation, it's chair reported back to the Conference that the group had made progress and achieved further agreement. |
| |
|
*Decision RC-2/3 on non-compliance was adopted by the Conference and is contained in annex I. |
| |
|
It decides that the draft text contained in the annex to the decision would be the basis for its further work on the matter at its third meeting. |
| |
|
(⇒UNEP/FAO/RC/COP.3/12) |
| 9.Feb.06 |
UNEP/FAO/RC/COP.3/12 |
Non-compliance: Procedures and institutional mechanisms for determining non compliance with the provisions of the Convention and for the treatment of Parties found to be in non compliance |
| |
|
(The annex to decision RC-2/3 is reproduced in the annex. The Conference of the Prties may wish to consider the annex to decision RC-2/3 on the establishment of a compliance committee and to take a decision concerning the procedures ans institutional mechanisms for determining non-compliance with the provisions of the Convention and for the treatment of Prties found to be in non-compliance.) |