Compliance Measures

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Suggestion 1: Publication of assessments and recommendations by decision-making body[edit | edit source]

Decision-making body assesses compliance through review of submission of progress reports from Parties, and makes these assessments publicly available. Where Parties are not in compliance, the decision-making body provides concrete recommendations to Parties on improving compliance. These may include:

  • Elaboration, with the co-operation of the Party or Parties concerned, of compliance action plans, including targets and timelines.
  • Recommendations on financial and technical assistance, training, and specific capacity-building measures.


Notes:

References: IUCN Policy Paper XIII Compliance and Verification Mechanisms, Kyoto Protocol. Decision 27/CMP.1 (compliance procedures/mechanisms), London Protocol LC 29/17 annex 7 (compliance procedures/mechanisms)


Suggestion 2: Compliance incentives[edit | edit source]

Create incentives for the implementation of the agreement to enhance compliance. Incentives could include:

  • financial and technical assistance
  • white lists of Parties giving full effect to obligations


Notes:

References: IUCN Policy Paper XIII Compliance and Verification Mechanisms


Suggestion 3: Consequences for non-compliance[edit | edit source]

When a State fails to satisfy its obligations, facilitative compliance mechanisms should first be considered through provision of support and capacity. If such course of action is not successful other measures should be pursued if necessary.

  • suspension of the right to conduct activities within ABNJ, or to permit nationals, vessels or other entities within ABNJ
  • suspension of voting rights or other rights and privileges granted under the agreement
  • provision of advice/assistance to support implementation where non-compliance results from gap in capacity
  • requirement for non-compliant Party to develop plan of action and timetable for coming into compliance

When a State persistently ignores its responsibility, international sanctions should be considered. The precise nature of sanctions could be elaborated in the future.


Notes:

References: UNCLOS Arts 184, 185 Kyoto Protocol. Decision 27/CMP.1 (compliance procedures/mechanisms), London Protocol LC 29/17 annex 7 (compliance procedures/mechanisms)


Suggestion 4: Compliance principles[edit | edit source]

Include a provision stressing the necessity to respect compliance principles such as due process, fairness, transparency, consensus, good faith.


Notes:

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Suggestion 5: Compliance principles[edit | edit source]

Compliance mechanisms based on this following principles:

  • Tailored to the varied nature and scale of obligations
  • Efficient, effective, timely
  • Proportionate to the magnitude of harm that could be caused by non-complying activities


Notes: Specific institutions and procedures will need to be elaborated. Compliance with obligations established in the implementing agreement will be part of the due diligence responsibility of States Parties. States are responsible for the fulfilment of their international obligations concerning the protection and preservation of the marine environment. This is a general obligation of international law, codified in the UNCLOS. It was interpreted by the Law of the Sea Tribunal in Case No. 17 and again in Case no. 21 as a due diligence obligation that requires the State sponsor of an activity or Flag State respectively to “deploy adequate means, to exercise best possible efforts, to do the utmost” to ensure compliance by operators or flag vessels.

References:


Suggestion 6: Adoption by States of harmonised measures for the long-term conservation[edit | edit source]

States and all those engaged in management of biological diversity could be required, for areas under the instrument, to adopt harmonised measures for the long-term conservation and sustainable use of biological diversity.

Notes:

References: Chair's streamlined non-paper on 21 July 2017


Suggestion 7: Requiring States to adopt measures necessary to ensure compliance with the instrument[edit | edit source]

States would be required to enact legislation and regulations and/or adopt measures necessary to ensure compliance with the standards, measures and procedures set up in the instrument.

Notes:

References: Chair's streamlined non-paper on 21 July 2017


Suggestion 8:[edit | edit source]

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Also see[edit | edit source]