Implementation and Enforcement
Suggestion 1: Basic provision on implementation[edit | edit source]
Require each Party to take the necessary measures to implement the agreement, including the establishment or improvement of national laws, as well as other regulations and administrative measures, and the enforcement of such measures with appropriate sanctions.
References: IUCN Policy Paper XIII Compliance and Verification Mechanisms, Cartagena Protocol Arts 2, 20, 33, Arms Trade Treaty Art 14 (enforcement), Barcelona Convention Art 4 (general undertakings), Rotterdam Convention Art 15 (implementation), CAMLR Art XXI (compliance), London Protocol Art 10 (application and enforcement), Noumea Convention Art 12 (implementation and enforcement)
Suggestion 2: Flag State duties[edit | edit source]
Specify responsibility of flag States to exercise jurisdiction over vessels flying their flag in ABNJ to ensure activities carried out by such vessels do not undermine the conservation, management, sustainable use and benefit sharing measures defined under the agreement. Specific obligations could include:
- to conduct vessel inspections, including verification of relevant documentation
- to conduct monitoring, control and surveillance of vessels
- to cooperate in implementation of regional schemes for surveillance and enforcement
- to prosecutor violators of measures furthering the aims of the agreement and apply appropriate sanctions
Suggestion 3: Port State duties[edit | edit source]
Specify responsibility of Port States to exercise jurisdiction over vessels entering their ports to promote implementation of the measures defined under the agreement.
Specific obligations could include:
- inspection and monitoring;
- seizing of evidence of illegal activity;
- cooperation with Flag States, including through notification, cooperation in investigation, and sharing of evidence for purposes of prosecution
- denial of Port services to vessels suspected of involvement in illegal activity
Suggestion 4: Duty to exercise jurisdiction over nationals[edit | edit source]
Specify responsibility of all States to ensure that activities undertaken by their nationals do not undermine the measures defined under the agreement. Specific obligations might include:
- monitoring and tracking activities undertaken by nationals engaged in activities in ABNJ;
- implementation of permitting and reporting schemes to regulate activities of nationals in ABNJ;
- creation of criminal offences and sanctions applicable to nationals engaged in illegal or harmful activities in ABNJ;
- prosecution of nationals engaged in such offences.
The agreement could impose liability on States that fail to carry out this responsibility.
References: UNCLOS Art 117 (duty regarding nationals); Art 139 (liability for failing to ensure compliance), 2001 FAO International Plan of Action on IUU Fishing, ITLOS Advisory Opinion: Responsibilities and obligations of States with respect to activities in the Area (Feb 2011) para. 108.
Suggestion 5: States would be responsible for implementation of entities under their jurisdiction[edit | edit source]
States, individually or collectively, including through sectoral and regional organizations where these exist, would be responsible for implementation, as well as ensuring compliance and enforcement of their flag vessels, nationals, and entities under their jurisdiction, with respect to the instrument.