The non-compliance procedure of the Cartagena Protocol on Biosafety: an effective mechanism?

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Abstract

The Cartagena Protocol on Biosafety foresees the establishment of 'procedures and institutional mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance' (article 34). On this basis, taking the non-compliance procedure of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer as a model, the first Meeting of the Parties to the Cartegena Protocol adopted such a procedure in 2004 (decision BS-I/7), as an autonomous mechanism to promote compliance with the Parties' commitments. The assisting functions that are inherent to this mechanism have been entrusted to a subsidiary body to the Meeting of the Parties, the Compliance Committee, with exerts its powers according to a simple and cooperative procedure. Nevertheless, to the date, no Party has resorted to this mechanism in order to solve any issues of non-compliance. Based on the formal assessment of the mechanism, this article tries to elucidate the causes for this situation, paying particular attention to inherent structural deficiencies, as well as the vis atractiva of exogenous enforcement mechanisms.
Translated title of the contributionThe non-compliance procedure of the Cartagena Protocol on Biosafety: an effective mechanism?
LanguageSpanish
Number of pages28
JournalRevista Electronica de Estudios Internacionales
Issue number20
Publication statusPublished - 30 Dec 2010

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earth's atmosphere
commitment
cause

Keywords

  • multilateral environmental agreements
  • cartagena protocol on bio-safety
  • non-compliance procedures
  • state responsibility of internationally wrongful acts
  • dispute settlement procedures
  • world trade organisation

Cite this

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title = "El procedimiento de no cumplimiento del Protocolo de Cartagena sobre Seguridad de la Biotecnologia: un mecanismo eficaz?",
abstract = "The Cartagena Protocol on Biosafety foresees the establishment of 'procedures and institutional mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance' (article 34). On this basis, taking the non-compliance procedure of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer as a model, the first Meeting of the Parties to the Cartegena Protocol adopted such a procedure in 2004 (decision BS-I/7), as an autonomous mechanism to promote compliance with the Parties' commitments. The assisting functions that are inherent to this mechanism have been entrusted to a subsidiary body to the Meeting of the Parties, the Compliance Committee, with exerts its powers according to a simple and cooperative procedure. Nevertheless, to the date, no Party has resorted to this mechanism in order to solve any issues of non-compliance. Based on the formal assessment of the mechanism, this article tries to elucidate the causes for this situation, paying particular attention to inherent structural deficiencies, as well as the vis atractiva of exogenous enforcement mechanisms.",
keywords = "multilateral environmental agreements, cartagena protocol on bio-safety, non-compliance procedures, state responsibility of internationally wrongful acts, dispute settlement procedures, world trade organisation",
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AU - Cardesa Salzmann, Antonio

PY - 2010/12/30

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N2 - The Cartagena Protocol on Biosafety foresees the establishment of 'procedures and institutional mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance' (article 34). On this basis, taking the non-compliance procedure of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer as a model, the first Meeting of the Parties to the Cartegena Protocol adopted such a procedure in 2004 (decision BS-I/7), as an autonomous mechanism to promote compliance with the Parties' commitments. The assisting functions that are inherent to this mechanism have been entrusted to a subsidiary body to the Meeting of the Parties, the Compliance Committee, with exerts its powers according to a simple and cooperative procedure. Nevertheless, to the date, no Party has resorted to this mechanism in order to solve any issues of non-compliance. Based on the formal assessment of the mechanism, this article tries to elucidate the causes for this situation, paying particular attention to inherent structural deficiencies, as well as the vis atractiva of exogenous enforcement mechanisms.

AB - The Cartagena Protocol on Biosafety foresees the establishment of 'procedures and institutional mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance' (article 34). On this basis, taking the non-compliance procedure of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer as a model, the first Meeting of the Parties to the Cartegena Protocol adopted such a procedure in 2004 (decision BS-I/7), as an autonomous mechanism to promote compliance with the Parties' commitments. The assisting functions that are inherent to this mechanism have been entrusted to a subsidiary body to the Meeting of the Parties, the Compliance Committee, with exerts its powers according to a simple and cooperative procedure. Nevertheless, to the date, no Party has resorted to this mechanism in order to solve any issues of non-compliance. Based on the formal assessment of the mechanism, this article tries to elucidate the causes for this situation, paying particular attention to inherent structural deficiencies, as well as the vis atractiva of exogenous enforcement mechanisms.

KW - multilateral environmental agreements

KW - cartagena protocol on bio-safety

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KW - state responsibility of internationally wrongful acts

KW - dispute settlement procedures

KW - world trade organisation

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