Suggestion 1

Suggestion 2

Suggestion 1: System of observation and inspection

 

 

Provide for establishment of a system of observation and inspection in order to promote the objective and ensure observance of the provisions of the agreement.

 

States co-operate with each other to ensure the effective implementation of the system of observation and inspection, taking account of the existing international practice and schemes in place.

 

This system could include:

  • procedures for boarding and inspection by observers and inspectors designated by the Parties
  • procedures for prosecution and sanctions on the basis of evidence resulting from such boarding and inspections.

 

 

References/Examples:

RFMOs inspection and enforcement scheme (CCAMLR, FFA, IBSFC, ICCAT, IOTC, NAFO, NEAFC, NPAFC)

CAMLR Art XXIV

 

 

Suggestion 2: Right for the Parties to designate observers

 

 

Provide that each Contracting Party shall have the right to designate observers to carry out any inspection in accordance with conditions defined in the agreement.

 

 

References/Examples:

Antarctic Treaty Art VII

Madrid Protocol Art 14 (inspection)

Antarctic Treaty Res. 5 (1995) (Antarctic Inspection Checklists)