Transcript Slide 1

Developing legal and
institutional frameworks
for invasive alien species
Module 6:
legal frameworks for
cooperation beyond
national borders
what this module covers
what decision-makers need
to know about invasive
species
1.
the legal mandate for
transboundary cooperation
Module 1
2.
cooperation provisions under
international instruments
Module 2 effective national frameworks
3.
incorporating IAS into
regional processes
Module 3
4.
5.
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components of regional
cooperation and
collaboration
interface between national
regulations and the
international trade regime
laying the foundations for
preventing
biological invasions
responding
to biological invasions
Module 4
Module 5
getting results: compliance,
enforcement and liability
Module 6
legal frameworks for
cooperation beyond borders
legal frameworks for cooperation beyond national borders
international mandate for
transboundary cooperation on IAS
scope of the “duty to avoid transboundary harm”?
–core of the obligation is to exercise “due diligence” in
taking appropriate measures to prevent or minimise the risk
of transboundary harm
–States to act reasonably and in good faith and ensure that
public and private activities within its jurisdiction and control
do not cause environmental harm (a) in other States (b) in
areas beyond national jurisdiction
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legal frameworks for cooperation beyond national borders
cooperation requirements under
global instruments addressing IAS
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1
Convention on Biological Diversity and other biodiversity-related
instruments (Ramsar, Migratory Species Convention, CITES)
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Marine and freshwater instruments (including Ballast Water Convention)
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International Plant Protection Convention (IPPC) to prevent spread and
introduction of plant pests through sanitary and phytosanitary measures.
Regional implementation network (e.g. Phytosanitary Convention for Africa)
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World Organisation for Animal Health (OIE): adresses pests/diseases of
animals through Animal Health Codes that set standards for import/export
procedures
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World Health Organisation International Health Regulations: to
prevent, protect against, control and provide public health response to
international spread of disease
legal frameworks for cooperation beyond national borders
The CBD...
• requires co-operative approaches to
underpin national legal frameworks
• specifically mandates consideration of
cross-border impacts, including
through EIA procedures
• States should recognize the risk that
activities within their jurisdiction or
control may pose to other States as a
potential source of IAS (GP4 §4)
• A State’s response … may require a
cooperative effort between two or
more countries (GP9 §4)
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Rana catesbiana
legal frameworks for cooperation beyond national borders
The IPPC...
• framework for international co-operation
to prevent introduction of pests of plants
and plant products and promote
measures for their control
• may cover all IAS that meets its
definition of ‘pest’ and cause
direct/indirect damage to wild plants/the
natural environment
• mandates information-sharing and
reporting of incursions
• mechanisms for regional harmonisation
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legal frameworks for cooperation beyond national borders
addressing IAS through
existing regional processes
high number of regional agreements and organisations already in place to
address different issues (economic cooperation, trade, river management,
nature conservation....)
depending on their focus, can
contribute to mainstreaming IAS,
especially where:
ecosystems are shared
co-operative arrangements between
different bodies in the region are
already operational
national capacity is limited: resources
and expertise can be pooled
AFRICAN CONVENTION ON
THE CONSERVATION OF NATURE
AND NATURAL RESOURCES
Maputo, Mozambique (11 July 2003)
Amending 1968 Algiers Convention
Art. VIII.1.(b) The Parties shall take all necessary measures for the protection, conservation,
sustainable use and rehabilitation of vegetation cover. To this end they shall:
b) take concrete steps or measures to control fires, forest exploitation, land clearing for
cultivation, grazing by domestic and wild animals, and invasive species;
Article XXII. CO-OPERATION
Parties shall co-operate between themselves and, where appropriate and possible, with
other States:
2.e) whenever a natural resource or an ecosystem is transboundary, the Parties concerned
shall undertake to cooperate in the conservation, development and management of such
resource or ecosystem and if the need arises, set up interstate commissions for their
conservation and sustainable use;
2.f) the Parties shall, prior to the export of hazardous substances, or of alien or modified
organisms, undertake to secure the prior informed consent of the importing, and where
appropriate, transit States.
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legal frameworks for cooperation beyond national borders
IAS and the Southern African
Development Community (SADC)
Integrated Committee of Ministers oversees coordination
and harmonisation e.g. in trade and industry, food,
agriculture and natural resource sectors
IAS prevention and cooperation referenced in Fisheries
Protocol 2001, Forestry Protocol 2002
SADC Biodiversity Support Programme co-ordinating IAS
guidelines for the region
national SADC committees can support IAS programmes
e.g. Swaziland SADC committee has assisted
development of an IAS database and establishment of
coordination structures to deal with IAS
components for regional
cooperation and collaboration
• sharing of information
and expertise
• standard setting and
harmonisation
• EIA and prior notification
• regional strategy
development
• institutional support for
capacity-building
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legal frameworks for cooperation beyond national borders
sharing of information
types of information to be shared:
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•
development of inventories and databases including species (native &
introduced) distribution data
•
incident lists and case studies
•
potential threats to neighbouring countries
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information on taxonomy, ecology and genetics of IAS
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prevention and control methods where available
•
national and regional guidelines
•
national import regulations and treatment rules
•
national pathway measures
legal frameworks for cooperation beyond national borders
regional standard setting
and harmonisation
example: European and Mediterranean Plant Protection
Organisation (EPPO) Council recommendation on plants
for renewable energy and Invasive Alien Plants (09/2007)
The energy strategies of several EPPO countries recommend planting
bioenergy crops: some recommended plants are included in the EPPO
List of Invasive Alien Plants (IAPs).
NPPOs should make relevant Departments
aware of risks posed by IAPs and warn them
against such practices. “The planting of IAPs for
energy production should not be recommended.
If IAS are planted as a bio-energy crops, a riskbased approach to avoid the spread into
unintended habitats should be adopted.”
http://www.eppo.org/STANDARDS/bioenergy.htm
EIA and prior notification
mandated under Maputo
Convention and SADC Fisheries
Protocol 2001
a SADC State party must not
introduce exotic species or
genetically modified species to
shared aquatic ecosystems,
including the full extent of the river
basin, unless the affected State
parties agree to the introduction.
State parties are also required to
establish standard guidelines and
regulations for the application of
environmental impact assessments.
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legal frameworks for cooperation beyond national borders
(Leigh 2003)
interface between national
regulations and the
international trade regime
World Trade Organisation rules and
disciplines established by a series of
agreements, including:
– Goods: GATT (General Agreement on
Trade and Tariffs) as elaborated upon by
WTO-SPS and TBT Agreements
– Service: GATS (General Agreement on
Trade in Services)
– Intellectual Property: TRIPS (Agreement on
Trade-Related Aspects of Intellectual
Property Rights)
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legal frameworks for cooperation beyond national borders
World Trade Organisation:
basic rules
GATT Art. XX
exceptions may be
permitted for measures
‘necessary to
protect human, animal
and plant life or health’
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1994 Uruguay Round
of Agreements aim to
avoid disguised
barriers to trade.
Not directly concerned
with environment
legal frameworks for cooperation beyond national borders
WTO Agreement on the Application of Sanitary
and Phytosanitary Measures
• international framework to avoid measures for the protection of human,
animal or plant health or life against risks from entry, establishment or
spread of pests, diseases or disease-causing organisms being used as
disguised barriers to trade
• promotes harmonisation: recognises 3 standard-setting organisations incl.
IPPC and OIE. No specifically environmental standard-setting body
• national SPS measures may be applied to extent necessary to protect
these objectives, based on scientific principles and justified by risk
assessment if not based on international standards.
• not to be maintained without sufficient scientific evidence (Art 2.2)
use of precaution & risk
assessment in national measures
precautionary approach: explicit in biodiversity-related
agreements but only implicitly referenced in international trade
rules. No common understanding of its application in traderelated context: need for case-by-case approach
competent authority reviews science-based risk assessment to
determine if potential risks associated with import/pathway are
acceptable with regard to national policies and priorities for
protection of environmental, agricultural and public health.
Measures selected need to be technically justified.
there is scope for « provisional measures » under SPS
Agreement pending further assessment of risk – but not to
be used as delaying tactic
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legal frameworks for cooperation beyond national borders
design indicators –
when no standard available or a
stricter measure required
national SPS measures that prohibit
entry or impose other trade-related
restrictions must be:
non-discriminatory and transparent
consistent (e.g across different
pathways by which same pest could be
introduced; between national/int’l trade)
as least-trade restrictive as possible
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legal frameworks for cooperation beyond national borders
thank you
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legal frameworks for cooperation beyond national borders