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Open Access Article 30. Procedures and Mechanisms to Promote Compliance with this Protocol

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Article 30. Procedures and Mechanisms to Promote Compliance with this Protocol

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Chapter Summary

Article 30 of the Nagoya Protocol is an enabling provision, which mandates the establishment of multilateral procedures and mechanisms for monitoring compliance and addressing instances of non-compliance with the Protocol. Article 30 indicates that the aim of the compliance procedures and mechanisms will be two-fold: on the one hand, to promote compliance and, on the other hand, to address cases of non-compliance. Compliance procedures, including the creation of a compliance committee, have become a common feature of Multilateral Environmental Agreements (MEAs), although negotiations for their establishment have proven quite arduous. The unique obligations arising from the Protocol may lead Parties to explore innovative approaches to multilateral compliance procedures and mechanisms. The Protocol's compliance mechanism will interact with other international processes established under the Protocol. Finally, the Protocol's compliance procedures and mechanisms might be used as an alternative to, or concurrently with, a dispute settlement procedure.

Keywords: compliance committee; compliance procedures; dispute settlement procedure; Multilateral Environmental Agreements (MEAs)

10.1163/9789004217188_032
/content/books/b9789004217188_032
dcterms_subject,pub_keyword
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