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Preparation activities for the new subject, “Multilateral Treaty Negotiations”
 

 
 On this page, information is provided about the preparation with regards to a new subject, “Multilateral Treaty Negotiations”.

  1. Outline
  2. Field Work: Observing International Environmental Treaty Negotiations
    (1) Selection of Participants
    (2) Preparatory Work, Phase 1: Establishment of an NGO
    (3) Preparatory Work, Phase 2: Request for Participation in the Conference, Confirmation
    (4) Preparatory Work, Phase 3: Reservation of Accommodation and Airline Tickets
    (5) Preparatory Work, Phase 4: Research on the Treaty and the Main Issues of the Upcoming Conference
    (6) Observation of the Third Conference of the Parties to the Rotterdam Convention
    (7) Reports
  3. Mock Negotiations under the Subjects of “International Environmental Law” (in Japanese) and “International Cooperation Law” during Fall Semester 2006
  4. Information regarding the New Subject, “Multilateral Treaty Negotiations”

 

 
1. Outline

 Under the financial support of Kobe University Education and Research Funds, a new practical subject, “Multilateral Treaty Negotiations” was established with the aim to expand the present curriculum of the Graduate School of International Cooperation Studies (GSICS). The project is managed by professors from the International Cooperation Law Seminar with the support of Comparative International Law Seminar professors (Graduate School of Law). Built upon the experiences of last year’s “Law of International Institutions”, and including a more systematic approach under this year’s “International Environmental Law” and “International Cooperation Law” pilot program, the subject “Multilateral Treaty Negotiations” will be officially in the curriculum from 2007.

 The new subject is based on Professor Shibata’s experience as an official delegate for the Ministry of Foreign Affairs (MOFA) at several negotiations, but also included is the contribution of several other professors with similar experience in their respective fields of environment, human rights, the law of the sea, and economic law. As a result, students can gain an in-depth, practical knowledge on negotiation processes and techniques (drafting etc).

 Under the provided financial support, graduate school students travel to Geneva, Switzerland, to observe international environmental treaty negations held in October, 2006. These students will actively participate in the mock negotiations under the subjects “International Environmental Law” and “International Cooperation Law”, held in the fall semester. Evaluating the experiences from these classes will provide a theoretical framework for the new subject “Multilateral Treaty Negations” in 2007.


 
2. Field Work: Observing International Environmental Treaty Negotiations
  (1) Selection of Participants

 Recruitment for the field work was held in the beginning of May by the message board in GSICS. After securing the above-mentioned funds, an additional recruitment period was held for one week. The selected participants are as follows:

  Yusuke Araki (M1, supervising professor: Tosa)
  Magdolna Csider (M2, supervising professor: Shibata)
  Yuichi Nakayama (M1, supervising professor: Shibata)
  Zsuzsanna Magyar (M2, supervising professor: Kimura)
  Kenta Mochizuki (M1, supervising professor: Igarashi)
  Mai Okuno (M1, supervising professor: Shibata)
  Mirzhohid Rahimov (D1, supervising professor: Shibata)

 
  (2) Preparatory Work, Phase 1: Establishment of an NGO

 The field work’s aim is to observe the Third Conference of the Parties (COP3) to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, especially focusing on the negotiations regarding a non-compliance procedure. First, to be able to participate, observer rights have to be secured. Reading the Rules of Procedure, we checked who are entitled to participate as an observer. Based on Rule 7, which provides that “(a)ny body or agency, whether national or international, governmental or non-governmental, which is qualified in the matters covered by the Convention” might be admitted to the conference as an observer, it was decided that we would participate as an NGO.

Establishment of the NGO

 A meeting was held at the beginning of June to decide the name of the NGO and its representative. The representative swiftly selected from among the candidates was Yuichi Nakayama (M1). Then a heated debate surrounded the problem of choosing a simple, yet professional name. The acronym resulting from the name was also a central element of discussion. The fact that as an NGO we will be identified by the acronym at the conference, and the pressure from some participants to include some special words in the name resulted in a short debate but finally the name KURIM (Kobe University Research Institute on MEAs) was decided upon. This way, our NGO was established.

 

  (3) Preparatory Work, Phase 2: Request for Participation in the Conference, Confirmation

 After establishing the NGO it was important to request observer rights and be granted too. We sent the following request for participation to the Secretariat of the Rotterdam Convention (Geneva, Switzerland) by mail and email.

doc.1 doc.2

 

 The request for participation was sent in the beginning of June, but by the end of that month there was still no reaction from the Secretariat, so we decided to call them to confirm the arrival and registration of our letter and to accelerate the decision.

 Considering that our observer rights might depend on the success of the call, we did some simulation training beforehand (but it turned out that the ladies at the Secretariat are exceptionally kind and helpful…).

 The arrival of our letter and its contents were confirmed. We were told that we are eligible as observers and the Secretariat promised to send an email with the same contents. However, there was no sign of our email confirmation for a week. Out of pressure of time, since we needed to make reservations for our flight to Geneva, we called the Secretariat again.

 It turned out the Secretariat sent the confirmation to the wrong email address. We gave them a new one and waited for the confirmation again. Finally, this email arrived and we were officially approved to participate as observers in the COP3, under the name of KURIM.

doc.3

 

 On September 8th, we received a letter (below) from the Secretariat asking for official registration of the participant members of KURIM. We sent the filled in registration forms for eight persons by fax and by email.

 

KURIM2006-1 KURIM2006-2



 
  (4) Preparatory Work, Phase 3: Reservation of Accommodation and Airline Tickets

 After confirming our participation as KURIM in the COP3 of the Rotterdam Convention, we made reservations for our accommodation and airline tickets.

 Regarding accommodation, we looked for cheap hotels around Geneva on the internet. It was an important point to book a hotel where cancellation fees do not occur until short before the arrival date. Finally we chose a very economical apartment hotel (four persons in one room) in France.

 
  (5) Preparatory Work, Phase 4: Research on the Treaty and the Main Issues of the Upcoming Conference

 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.

 To acquire some basic knowledge regarding the treaty, we did readings of articles in English and in Japanese. To understand the background of the current situation and issues we researched past negotiation materials. The compilation of academic articles and materials can be found below.


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
           
〔 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
           

 

The flowchart of the documents related to the non-compliance procedures of PIC Convention

(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.)

 

  (6)Observation of the Third Conference of the Parties to the Rotterdam Convention

Please visit this page about the observation of the Third Conference of the Parties to the Rotterdam Convention.

 

  (7)Report

Please see the Report submitted by Magyar Zsuzsanna Blanka.

 

3.Mock Negotiations under the Subjects of “International Environmental Law” (in Japanese) and “International Cooperation Law” during Fall Semester 2006

please see this page for details.

 

4.Information regarding the New Subject, “Multilateral Treaty Negotiations”

 

"Multilateral Treaty Negotiations" will be offered in fall semester, 2007.

 

 
 
 
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