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The I nternational C onvention for the P rotection of A nimals: A Treaty for the Animals

The I nternational C onvention for the P rotection of A nimals: A Treaty for the Animals. Currently, there is no international standard for the welfare of animals.

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The I nternational C onvention for the P rotection of A nimals: A Treaty for the Animals

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  1. The International Convention for the Protection of Animals: A Treaty for the Animals

  2. Currently, there is no international standard for the welfare of animals.

  3. The International Convention for the Protection of Animals (ICPA) is a treaty, which seeks to provide a solution for the lack of animal welfare regulation. ICPA Treaty ~~~~~~~~~~~~~~~ ~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~

  4. The International Convention for the Protection of Animals (ICPA) The Global Issue of Animal Welfare The Interests of Sovereign Nations

  5. Overview of the ICPA Preamble Article 1: Fundamental Principles Article 2: Definitions Article 3: The Capturing or Killing of Wildlife Article 4: Wildlife Management and Habitat Article 5: Captive Wildlife Care Article 6: Transportation of Animal Article 7: Companion Animals Article 8: Commercial Animals Article 9: Animals Used in Scientific Research Article 10: General Undertakings Article 11: Relationship Between the Convention and Protocols Article 12: Adoption of Additional Protocols Article 13: Designation of Responsible Authority Article 14: The Secretariat Article 15: Standing Committee Article 16: Conference of the Parties Article 17: Participation by Other than Contracting States Article 18: Rules of Procedure and Financial Rule Article 19: Periodic Reports Article 20: Amendment of the Convention or a Protocol Article 21: Annexes and Amendments to Annexes Article 22: Resolution of Disputes Article 23: Trade Article 24: Effect on Domestic Legislation and International Conventions Article 25: Reservation Article 26: Signature Article 27: Ratification, Acceptance, Approval Article 28: Accession Article 29: Entry into Force Article 30: Denunciation Article 31: Depositary General Policy Particular policy positions for the different categories of animals Substantive provisions Procedure and Internal Operations Bring the treaty into legal existence

  6. Preamble & Fundamental Principles • These provisions recognize the need for an international standard on animal welfare and seek to improve the treatment of animals through the mechanics of the treaty.

  7. Definitions = Animals are categorized based on speciesand environment =

  8. Wildlife Specific Provisions The Capturing or Killing of Wildlife “The Contracting Parties shall minimize and control the capture or killing of wildlife….in order to reduce the suffering of target animals…and to minimize…possible indiscriminate harm to non-target animals or the environment.” Wildlife Management and Habitat “The Contracting Parties shall…use those scientific management practices which result in the least suffering…and shall conserve wildlife habitat whenever possible.” Captive Wildlife Care “The Contracting Parties shall…assure that humans having custody of captive wildlife provide appropriate environment and the necessary care…and that captive wildlife not be subjected to unnecessary suffering or cruelty.”

  9. Transportation of Animals “The Contracting Parties shall…prevent cruelty and reduce suffering…in the transportation of any animal.”

  10. Companion Animals “The Contracting Parties shall…protect companion animals from cruelty….assure that humans provide them with responsible care and…prevent inappropriate species from being used as companion animals.”

  11. Commercial Animals “The Contracting Parties shall…assure that commercial animals shall be provided an appropriate environment…necessary care…and shall be reared, maintained, used, and killed without the infliction of unnecessary suffering or cruelty.” Animals Used in Scientific Research “The Contracting Parties shall…minimize use of animals in scientific research, testing, and education, and to prevent cruelty and reduce suffering….” Cruelty & Suffering

  12. General Undertakings • “The Contracting Parties shall… • prevent the subjection of animals to cruelty and unnecessary suffering and to conserve the natural habitat of wildlife… • cooperate in the formulation and adoption of additional protocols… • cooperate…in all appropriate fields…and to exchange data as well as other information for the purpose of this Convention… • cooperate in the implementation…and the enforcement… The official working languages…shall be English, French, and Spanish. English French Spanish Relationship Between the Convention and Protocols “No State may become a Contracting Party to this Convention unless it becomes a Contracting Party to at least one of the protocols….” “No State may become a Contracting Party to a protocol unless it is…a Contracting Party to this Convention….” “Any protocol…shall be binding only on the Contracting Party to the protocol…” “Decisions concerning any protocol…shall be taken only by the Contracting Parties to the protocol….”

  13. Adoption of Additional Protocols “The Contracting Parties and other invited states, at a plenipotentiary conference, may adopt additional protocols….” “Pending the entry into force of this Convention the Secretariat may…seek the convening of a plenipotentiary conference for the purpose of adopting additional protocols.”

  14. Designation of Responsible Authority “Each Contracting Party shall designate an individual, office or organization to be responsible in matters concerning the Convention.” ICPA

  15. The Secretariat “Upon entry into force of the present Convention, an interim Secretariat shall be provided by the Contracting Parties…[and] shall call a meeting of the Conference…not later than one year….” “The Conference…shall appoint a permanent Secretariat….” • Duties and Authority of the permanent Secretariat include: • To convene and prepare meetings • Transmit information to the Contracting Parties • Respond to inquiries and consult treaty members on • questions • Ensure necessary coordination • Enter into administrative arrangements as necessary • Consider problems and make recommendations • regarding implementation • Undertake studies • Seek funding • Receive reports regarding issues that arise • Work with the Standing Committee • Report biennially to the Conference • Perform functions assigned to it by the protocols • Perform other functions as assigned by Contracting Parties ICPA ~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~~~~~~~~~

  16. Standing Committee “At the first conference of the Contracting Parties a Standing Committee consisting of 7 Contracting Parties shall be elected….” “Membership on the Standing Committee shall rotate….” Conference of the Parties “[R]egular meetings of the Conference shall be called every two years.…” “Only Contracting Parties may vote….” “A majority of the Contracting Parties shall constitute a quorum…” “When an issue is solely within…one of the protocols then only those Contracting Parties to the protocol may vote”

  17. Participation by Other than Contracting States You’re Invited “[A]ny State, international agency, or body may be invited as an observer to a Conference…or meeting of the Standing Committee.” “Any body or agency…involved with the use of animals…which has informed the Secretariat at least thirty days in advance of its desire to be represented…shall be admitted unless at least one-half of the Parties present object…these observers shall have the right to participate but not to vote.” Rules of Procedure and Financial Rules “The Contracting Parties shall adopt rules of procedure for their meetings and conferences….” “The Contracting Parties shall adopt financial provisions…to determine, the level of each Contracting Party’s financial participation.”

  18. Periodic Reports “[E]ach Contracting Party shall provide…copies of all domestic law…which pertains to its obligations under the Convention or any of the protocols to which it is a Contracting Party.” “Any subsequent changes or additions in relevant domestic law shall be forwarded….” “Contracting Parties shall provide biennial reports…which explain its efforts to implement the obligations of the Convention....” “Biennial reports shall be compiled by the Secretariat…and made available….” Compiled Reports ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~~~~~~ REPORT Report REPORT Report

  19. Amendment of the Convention or a Protocol “Any Contracting Party to this Convention may propose amendments to the Convention…[and] may propose amendments to any protocols to which it is a member….” “Amendments to this Convention shall be adopted by a three-fourths majority vote of the Contracting Parties…which are present and voting…at the extraordinary conference…” “Amendments to any protocol shall be adopted by a three-fourths majority vote of the Contracting Parties to such protocol….” Convention ~~~~~~~ ~~~~~~~~~~~ ~~~~~~ ~~~~~~~~~ X Protocol ~~~~~~~ ~~~~~~~~~~~ ~~~~~~ ~~~~~~~~~ Annexes and Amendments to Annexes “[A]ny Contracting Party to a protocol may propose an annex or amendment to an annex of that protocol….” “Such annex or amendments shall be adopted by a three-fourths majority vote of the Contracting Parties to such protocol….”

  20. Resolution of Disputes “Disputes between two or more Contracting Parties concerning the interpretation or implementation of the present Convention shall be subject to negotiation….” “If negotiation fails, Contracting Parties may, by mutual consent, submit the dispute to arbitration…[and] shall be bound by the arbitral decision.” X! Y!

  21. Trade Non-compliant Contracting Party NOT a Contracting Party Contracting Party “Contracting Parties are encouraged to avoid trade in any animal or animal parts and derivatives with those States that are not participants in this Convention. “Contracting Parties are encouraged to restrict the importation of any animal or animal parts or derivatives from those Contracting Parties that keep or manage such animals in a manner inconsistent with any of the provisions of this Convention and its protocols.” X Effect on Domestic Legislation and International Conventions ICPA ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~ Domestic Measures ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~ “The provisions of the present Convention shall in no way affect the right of the Contracting Parties to adopt stricter domestic measures….” “The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Contracting Parties deriving from any treaty, convention, or international agreement relating to the trade, taking, possession, treatment, or transport of animals which is in force for any Contracting Party when they become a Contracting Party.” International Agreements ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~

  22. Reservation “The provisions of the present Convention or Protocols shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article.” “Any Contracting Party may…enter a specific reservation with regard to: a. a specific species, subspecies or any other taxon specifically listed; b. any specific technique or device prohibited or controlled; c. any species-specific conditions of handling, housing, transportation, or use of animals.” “Until the Contracting Party withdraws its reservation…it shall be treated as a State not a Party…with respect to…such reservation.” Reservation Depositary

  23. Signature “The present Convention shall be available for signature by all States and the European Economic Community.” X__________________________ Your Signature Here Ratification, Acceptance, Approval “The present Convention shall be subject to ratification, acceptance, or approval.” “Instruments of ratification, acceptance, or approval shall be deposited with the Government of which shall be the Depositary Government.” Acceptance ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~ Ratification ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~ Approval ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ Depositary Accession Accession ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ “The present Covenant shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.”

  24. Entry into Force “The present Covenant shall enter into force ninety days after the date of deposit of the tenth instrument of ratification, acceptance, approval, or accession, with the Depositary Government.” “For each State which ratifies, accepts, or approves the present Convention or accedes thereto…the present Convention shall enter into force 90 days after the deposit by such State of its instrument….” Acceptance ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~ Ratification ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~ Approval ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ ICPA ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ -------- ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~ ✔ 90 days Ratification ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~ Accession ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ Approval ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ Depositary Acceptance ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~ Ratification ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~ Acceptance ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~ Accession ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ Depositary “The original of the present Convention…shall be deposited with the Depositary Government which shall transmit certified copies thereof…” “The Depositary Government shall inform all signatory and acceding States and the Secretariat…” “As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government…for registration and publication….”

  25. Denunciation “Any Contracting Party may denounce the present Convention by written notification to the Depositary Government at any time.” “The denunciation shall take effect twelve months after the Depositary Government has received the notification.” DENUNCIATION OF THE CONVENTION ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ I denounce! Depositary Government

  26. Conclusion Currently, the biggest issue facing the adoption of the ICPA is the lack of a sponsoring country. With your support, the International Convention for the Protection of Animals could be the difference for animals across the world.

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