You are on page 1of 9

Article 36 of ICJ –

2. The states parties to the present Statute may at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other state accepting the
same obligation, the jurisdiction of the Court in all legal disputes concerning:

a. the interpretation of a treaty;

b. any question of international law;

c. the existence of any fact which, if established, would constitute a breach of an international
obligation ;

d. the nature or extent of the reparation to be made for the breach of an international obligation.

3. The declarations referred to above may be made unconditionally or on condition of reciprocity on
the part of several or certain states, or for a certain time

ARTICLES OF CBD
ARTICLE 1

Objectives

The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the
conservation of biological diversity. the sustainable use of its components and the fair and equitable
sharing of the benefits arising out of the utilization of genetic resources, including by appropriate
access to genetic resources and by appropriate transfer of relevant technologies, taking into account
all rights over those resources and to technologies, and by appropriate funding.

ARTICLE 3

Principle

States have, in accordance with the Charter of the United Nations and the principles of international
law, the sovereign right to exploit their own resources pursuant to their own environmental policies,
and the responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of national jurisdiction.

ARTICLE 5

Cooperation

Each Contracting Party shall, as far as possible and as appropriate, cooperate with other Contracting
Parties, directly or. where appropriate, through competent international organizations, in respect of
areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and
sustainable use of biological diversity.

ARTICLE 8

In-situ Conservation

Each Contracting Party shall, as far as possible and as appropriate:

(a) Establish a system of protected areas or areas where special measures need to be taken to
conserve biological diversity:

particularly to developing countries. control or eradicate those alien species which threaten ecosystems. manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity. taking also into account the risks to human health: (h) Prevent the introduction of. with a view to ensuring their conservation and sustainable use. innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge. innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge. as far as possible and as appropriate: (a) Integrate consideration of the conservation and sustainable use of biological resources into national decision-making. regulate or manage the relevant processes and categories of activities: and (m) Cooperate in providing financial and other support for in-situ conservation outlined in subparagraphs (a) to (1) above. natural habitats and the maintenance of viable populations of species in natural surroundings: (e) Promote environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of these areas: (f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species. (b) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity. guidelines for the selection. ARTICLE 10 Sustainable Use of Components of Biological Diversity Each Contracting Party shall. innovations and practices: (k) Develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations: (1) Where a significant adverse effect on biological diversity has been determined pursuant to Article 7. preserve and maintain knowledge.(b) Develop. where necessary. . through the development and implementation of plans or other management strategies: (g) Establish or maintain means to regulate. inter alia. respect. habitats or species: (i) Endeavour to provide the conditions needed for compatibility between present uses and the conservation of biological diversity and the sustainable use of its components: (j) Subject to its national legislation. (d) Promote the protection of ecosystems. establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity: (c) Regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas.

accepting. or at any time thereafter. or request mediation by. 2. paying special attention to migratory species the conservation status of which is unfavourable. the parties concerned shall seek solution by negotiation. it accepts one or both of the following means of dispute settlement as compu1sory: (a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II. a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph i or paragraph 2 above. (d) Support local populations to develop and implement remedial action in degraded areas where biological diversity has been reduced. 3. If the parties to the dispute have not. In particular. ARTICLE 27 Settlement of Disputes 1. the Parties: a) should promote. The provisions of this Article shall apply with respect to any protocol except as otherwise provided in the protocol concerned. If the parties concerned cannot reach agreement by negotiation. (b) Submission of the dispute to the International Court of Justice. In the event of a dispute between Contracting Parties concerning the interpretation or application of this Convention.(c) Protect ала encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements. When ratifying. they may jointly seek the good offices of. and (e) Encourage cooperation between its governmental authorities and its private sector in developing methods for sustainable use of biological resources. 3. the dispute shall be submitted to conciliation in accordance with Part 2 of Annex II unless the parties otherwise agree. 4. 2. in accordance with paragraph 3 above. accepted the same or any procedure. ARTICLES OF CMS ARTICLE II Fundamental Principles 1. . and taking individually or in co-operation appropriate and necessary steps to conserve such species and their habitat. approving or acceding to this Convention. a third party. The Parties acknowledge the need to take action to avoid any migratory species becoming endangered. The Parties acknowledge the importance of migratory species being conserved and of Range States agreeing to take action to this end whenever possible and appropriate. co-operate in and support research relating to migratory species. 5.

Appendix II shall list migratory species which have an unfavourable conservation status and which require international agreements for their conservation and management. RIO DECLARATION PRINCIPLE 2 States have. Parties are encouraged to take action with a view to concluding agreements for any population or any geographically separate part of the population of any species or lower taxon of wild animals. Parties that are Range States of migratory species listed in Appendix II shall endeavour to conclude AGREEMENTS where these would benefit the species and should give priority to those species in an unfavourable conservation status. and (b) constitutes a breach of an international obligation of the State. the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies. 2. a migratory species may be listed both in Appendix I and Appendix II. and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.Conduct of persons or entities exercising elements of governmental authority .Responsibility of a State for its internationally wrongful acts Every internationally wrongful act of a State entails the international responsibility of that State. Article 2 . 4. 5. as well as those which have a conservation status which would significantly benefit from the international co-operation that could be achieved by an international agreement. in accordance with the Charter of the United Nations and the principles of international law. ARTICLE IV Migratory Species to Be the Subject of AGREEMENTS: Appendix II 1.Elements of an internationally wrongful act of a State There is an internationally wrongful act of a State when conduct consisting of an action or omission: (a) is attributable to the State under international law. 3. RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS Article l . If the circumstances so warrant. The Secretariat shall be provided with a copy of each AGREEMENT concluded pursuant to the provisions of this Article. Article 5 . members of which periodically cross one or more national jurisdictional boundaries.b) shall endeavour to provide immediate protection for migratory species included in Appendix I. and c) shall endeavour to conclude AGREEMENTS covering the conservation and management of migratory species included in Appendix II.

(c) freedom to lay submarine cables and pipelines. inter alia.Conduct directed or controlled by a State The conduct of a person or group of persons shall be considered an act of a State under international law if the person or group of persons is in fact acting on the instructions of. subject to the conditions laid down in section 2. whether coastal or land-locked. provided the person or entity is acting in that capacity in the particular instance. Article 11 . subject to Part VI. or under the direction or control of. ARTICLE 117 Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas .The conduct of a person or entity which is not an organ of the State under article 4 but which is empowered by the law of that State to exercise elements of the governmental authority shall be considered an act of the State under international law. (f) freedom of scientific research. (b) freedom of overflight. It comprises. (e) freedom of fishing. subject to Parts VI and XIII. The high seas are open to all States. 2.Conduct acknowledged and adopted by a State as its own Conduct which is not attributable to a State under the preceding articles shall nevertheless be considered an act of that State under international law if and to the extent that the State acknowledges and adopts the conduct in question as its own. both for coastal and land-locked States: (a) freedom of navigation. subject to Part VI. These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas. (d) freedom to construct artificial islands and other installations permitted under international law. that State in carrying out the conduct. and also with due regard for the rights under this Convention with respect to activities in the Area. Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) ARTICLE 87 Freedom of the high seas 1. Article 8 .

(d) a special arbitral tribunal constituted in accordance with Annex VIII for one or more of the categories of disputes specified therein. shall enter into negotiations with a view to taking the measures necessary for the conservation of the living resources concerned. All States have the duty to take. States whose nationals exploit identical living resources. by means of a written declaration. shall be deemed to have accepted arbitration in accordance with Annex VII. . one or more of the following means for the settlement of disputes concerning the interpretation or application of this Convention: (a) the International Tribunal for the Law of the Sea established in accordance with Annex VI. jurisdiction and freedoms recognized in this Convention in a manner which would not constitute an abuse of right. They shall. which is a party to a dispute not covered by a declaration in force. or to cooperate with other States in taking. A declaration made under paragraph 1 shall not affect or be affected by the obligation of a State Party to accept the jurisdiction of the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea to the extent and in the manner provided for in Part XI. a State shall be free to choose. ARTICLE 300 Good faith and abuse of rights States Parties shall fulfil in good faith the obligations assumed under this Convention and shall exercise the rights. (c) an arbitral tribunal constituted in accordance with Annex VII. ARTICLE 118 Cooperation of States in the conservation and management of living resources States shall cooperate with each other in the conservation and management of living resources in the areas of the high seas. or different living resources in the same area. such measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas. cooperate to establish subregional or regional fisheries organizations to this end. 2. 3. A State Party. ARTICLE 192 General obligation States have the obligation to protect and preserve the marine environment. (b) the International Court of Justice. as appropriate. ratifying or acceding to this Convention or at any time thereafter. When signing. section 5. Article 287 Choice of procedure 1.

4. paragraph 9. A declaration made under paragraph 1 shall remain in force until three months after notice of revocation has been deposited with the Secretary-General of the United Nations. of the Agreement. approval or accession. as soon as possible. A new declaration. 5. If the parties to a dispute have not accepted the same procedure for the settlement of the dispute. or at any time thereafter. Article 4. Also invites all Parties to the Convention to sign the Agreement at the ceremony to be convened by the Secretary-General. Declarations and notices referred to in this article shall be deposited with the Secretary-General of the United Nations. and to deposit their respective instruments of ratification. accepting. 8. acceptance. a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that. Requests those Parties whose intended nationally determined contribution pursuant to decision 1/CP. 6. Article 14 of UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC) 1. unless the parties otherwise agree. a notice of revocation or the expiry of a declaration does not in any way affect proceedings pending before a court or tribunal having jurisdiction under this article. it may be submitted only to that procedure. Articles of Paris Agreement Article 24. unless the parties otherwise agree. When ratifying. in respect of any dispute concerning . where appropriate. Article 9 Further decides to oversee the implementation of the work programme resulting from the relevant requests contained in this decision. the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. 7. who shall transmit copies thereof to the States Parties.20 contains a time frame up to 2030 to communicate or update by 2020 these contributions and to do so every five years thereafter pursuant to Article 4. 2. approving or acceding to the Convention. unless the parties otherwise agree. If the parties to a dispute have accepted the same procedure for the settlement of the dispute. it may be submitted only to arbitration in accordance with Annex VII. or at their earliest opportunity. In the event of a dispute between any two or more Parties concerning the interpretation or application of the Convention.

unless the instrument provides otherwise. CBD DECISIONS Reiterating the United Nations General Assembly’s central role in addressing issues relating to the conservation and sustainable use of biodiversity in marine areas beyond national jurisdiction. 6. Additional procedures relating to conciliation shall be adopted by the Conference of the Parties. the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above. Subject to the operation of paragraph 2 above. at the request of any of the parties to the dispute. unless the parties to the dispute otherwise agree. Considering the objectives of the Convention and the principle contained in Article 3. The provisions of this Article shall apply to any related legal instrument which the Conference of the Parties may adopt. . Recalling that General Assembly resolution 60/30 emphasized the universal and unified character of the United Nations Convention on the Law of the Sea and reaffirmed that the United Nations Convention on the Law of the Sea sets out the legal framework within which all activities in the oceans and seas must be carried out. which establishes the responsibility of States to ensure that activities within their jurisdiction or control. if after twelve months following notification by one Party to another that a dispute exists between them. as recognized also by the United Nations Conference on Environment and Development in chapter 17 of Agenda 21. and/or (b) Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable. as soon as practicable. in an annex on arbitration. and that its integrity needs to be maintained. The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the members appointed by each party. A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.the interpretation or application of the Convention. 7. A new declaration. in relation to any Party accepting the same obligation: (a) Submission of the dispute to the International Court of Justice. which the parties shall consider in good faith. A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph (b) above. to conciliation. the dispute shall be submitted. in an annex on conciliation. 8. do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal. 5. it recognizes as compulsory ipso facto and without special agreement. The commission shall render a recommendatory award. 4. A conciliation commission shall be created upon the request of one of the parties to the dispute. 3.

HAMILTON DECLARATION .