Suggestion 1
Suggestion 2
Suggestion 3
Suggestion 4
Suggestion 1: Basic provision on implementation
Require each Party to take the necessary measures to implement the agreement, including the establishment or improvement of national laws, as well as other regulations and administrative measures, and the enforcement of such measures with appropriate sanctions.
References/Examples:
IUCN Policy Paper XIII Compliance and Verification Mechanisms
Cartagena Protocol Arts 2, 20, 33.
Arms Trade Treaty Art 14 (enforcement)
Barcelona Convention Art 4 (general undertakings)
Rotterdam Convention Art 15 (implementation)
CAMLR Art XXI (compliance)
London Protocol Art 10 (application and enforcement)
Protocol for the Prevention of Pollution of the South Pacific Region by Dumping Art 12 (implementation and enforcement)
Suggestion 2: Flag State duties
Specify responsibility of flag States to exercise jurisdiction over vessels flying their flag in ABNJ to ensure activities carried out by such vessels do not undermine the conservation, management, sustainable use and benefit sharing measures defined under the agreement.
Specific obligations could include:
- to conduct vessel inspections, including verification of relevant documentation
- to conduct monitoring, control and surveillance of vessels
- to cooperate in implementation of regional schemes for surveillance and enforcement
- to prosecutor violators of measures furthering the aims of the agreement and apply appropriate sanctions
References/Examples:
UNCLOS Art 94 (duties of the flag State)
UNCLOS Art 217 (enforcement by flag States)
UNFSA Art 18 (Flag States)
Suggestion 3: Port State duties
Specify responsibility of Port States to exercise jurisdiction over vessels entering their ports to promote implementation of the measures defined under the agreement.
Specific obligations could include:
- inspection and monitoring;
- seizing of evidence of illegal activity;
- cooperation with Flag States, including through notification, cooperation in investigation, and sharing of evidence for purposes of prosecution
- denial of Port services to vessels suspected of involvement in illegal activity
References/Examples:
1993 FAO Compliance Agreement Art V
UNFSA Art 23
FAO Port State Measures Agreement [not in force]
Suggestion 3: Duty to exercise jurisdiction over nationals
Specify responsibility of all States to ensure that activities undertaken by their nationals do not undermine the measures defined under the agreement. Specific obligations might include:
- monitoring and tracking activities undertaken by nationals engaged in activities in ABNJ;
- implementation of permitting and reporting schemes;
- to regulate activities of nationals in ABNJ;
- creation of criminal offences and sanctions applicable to nationals engaged in illegal or harmful activities in ABNJ;
- prosecution of nationals engaged in such offences.
The agreement could impose liability on States that fail to carry out this responsibility.
References/Examples:
UNCLOS Art 117 (duty regarding nationals); Art 139 (liability for failing to ensure compliance)
2001 FAO International Plan of Action on IUU Fishing