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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. the legal mandate for transboundary cooperation
legal frameworks for cooperation beyond national borders
what decision-makers need to know about invasive species
laying the foundations for effective national frameworks
to biological invasions
getting results: compliance, enforcement and liability
legal frameworks for cooperation beyond borders
scope of the “duty to avoid transboundary harm”?
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)
World Organisation for Animal Health (OIE): adresses pests/diseases of animals through Animal Health Codes that set standards for import/export procedures
Marine and freshwater instruments (including Ballast Water Convention)
Convention on Biological Diversity and other biodiversity-related instruments (Ramsar, Migratory Species Convention, CITES)
cooperation requirements under global instruments addressing IAS
high number of regional agreements and organisations already in place to address different issues (economic cooperation, trade, river management, nature conservation....)
addressing IAS through existing regional processes
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
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.
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
IAS and the Southern African
Development Community (SADC)
types of information to be shared:
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 risk-based approach to avoid the spread into unintended habitats should be adopted.”
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.
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)
exceptions may be permitted for measures ‘necessary to
protect human, animal
and plant life or health’
World Trade Organisation: basic rules
1994 Uruguay Round
of Agreements aim to
barriers to trade.
Not directly concerned
WTO Agreement on the Application of Sanitary and Phytosanitary Measures
precautionary approach: explicit in biodiversity-related agreements but only implicitly referenced in international trade rules. No common understanding of its application in trade-related 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
use of precaution & risk assessment in national measures
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