Suggestion 1

Suggestion 2

Suggestion 3

Suggestion 4

Suggestion 1: Publication of assessments and recommendations by decision-making body

 

 

Decision-making body assesses compliance through review of submission of progress reports from Parties, and makes these assessments publicly available.

 

Where Parties are not in compliance, the decision-making body provides concrete recommendations to Parties on improving compliance. These may include:

  • Elaboration, with the co-operation of the Party or Parties concerned, of compliance action plans, including targets and timelines.
  • Recommendations on financial and technical assistance, training, and specific capacity-building measures.

 

 

References/Examples:

IUCN Policy Paper XIII Compliance and Verification Mechanisms

Kyoto Protocol. Decision 27/CMP.1 (compliance procedures/mechanisms)

London Protocol LC 29/17 annex 7 (compliance procedures/mechanisms)

 

Suggestion 2: Compliance incentives

 

 

Create incentives for the implementation of the agreement to enhance compliance. Incentives could include:

  • financial and technical assistance
  • white lists of Parties giving full effect to obligations

 

 

References/Examples:

IUCN Policy Paper XIII Compliance and Verification Mechanisms

 

Suggestion 3: Consequences for non compliance

 

 

Provide for specific consequences in the case of non compliance. These could include:

  • suspension of the right to conduct activities within ABNJ, or to permit nationals, vessels or other entities within ABNJ
  • suspension of voting rights or other rights and privileges granted under the agreement
  • provision of advice/assistance to support implementation where non-compliance results from gap in capacity
  • requirement for non-compliant Party to develop plan of action and timetable for coming into compliance

 

 

References/Examples:

UNCLOS Arts 184, 185

Kyoto Protocol. Decision 27/CMP.1 (compliance procedures/mechanisms)

London Protocol LC 29/17 annex 7 (compliance procedures/mechanisms)

 

 

 

Suggestion 4: Compliance principles

 

 

Include a provision stressing the necessity to respect compliance principles such as due process, fairness, transparency, consensus, good faith.