TOWARD MAURITIUS 2005
GLOBAL MULTILATERAL
ENVIRONMENTAL AGREEMENTS
AND SMALL ISLAND DEVELOPING STATES
Paper Series No. 2004-2
Sponsored by: UNEP/GPA and the Global
Forum on Oceans, Coasts, and Islands

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GLOBAL MULTILATERAL
ENVIRONMENTAL AGREEMENTS
AND SMALL ISLAND DEVELOPING STATES
Prepared by
Christen E. Loper, Danielle M. Tesch, Kevin Goldstein,
and Isabel Torres de Noronha, Global Forum on Oceans, Coasts, and Islands,
and Gerard J. Mangone Center for Marine Policy, University of Delaware
Series Editor: Dr. Biliana Cicin-Sain
Co-Chair, Global Forum on Oceans, Coasts, and Islands
Toward Mauritius 2005 Series
This paper series aims to contribute to the deliberations leading up to the Mauritius Interna-
tional Meeting to Review Implementation of the 1994 Barbados Programme of Action for the
Sustainable Development of Small Island Developing States.
Work on the series has been sponsored by the UNEP/GPA with the financial support of the
Government of the Netherlands and has been carried out through the Global Forum on Oceans,
Coasts, and Islands. Many thanks are due to Dr. Veerle Vandeweerd, co-chair, Global Forum on
Oceans, Coasts, and Islands, for organizing this initiative.
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Editor's Note: Any errors or omissions in this report are the responsibility of the authors in their individual
capacities.
Layout: Jorge Gutierrez
i

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FOREWORD
Agenda 21, the Barbados Programme of Action for the Sustainable Development of Small Island Developing States,
and the World Summit on Sustainable Development (WSSD) each underscored that small island states are faced with
the greatest complexities and challenges of sustainable development. As Agenda 21 recognized:
Small island developing States and islands supporting small communities are a special case both for
environment and development. They are ecologically fragile and vulnerable. Their small size, limited
resources, geographic dispersion and isolation from markets, place them at a disadvantage and pre-
vent economies of scale.
As underscored in the Co-Chairs' Reports from both the 2003 and the 2001 Global Conferences on Oceans, Coasts,
and Islands, small island developing States (SIDS) also have special problems and opportunities related to the oceans,
which need to be recognized and addressed. These nations, small in land area, typically have control and stewardship
over huge expanses of ocean within their Exclusive Economic Zones. The ocean zones under the stewardship of
SIDS contain high biological diversity, the most extensive coral reef systems in the world, and significant seabed
minerals. Small island states have a critical role to play in the sustainable development of oceans.
The WSSD addressed the special issues of SIDS in the Johannesburg Plan of Implementation by setting forth a
number of targets and timetables related to SIDS, and called for a review of the implementation of the 1994 Barba-
dos Programme of Action for the Sustainable Development of Small Island Developing States leading to an interna-
tional meeting in Mauritius in January 2005.
The Global Forum on Oceans, Coasts, and Islands, with funding from UNEP/GPA, has prepared a series of papers to
assist with the preparations for Mauritius 2005. In the second paper in this series, we examine SIDS' participation in
multilateral environmental agreements (MEAs) related to oceans and coasts. Barriers to and incentives for imple-
mentation of these MEAs are also discussed.
We hope that this analysis will be useful to SIDS in their preparation for Mauritius 2005.
Co-Chairs, Global Forum on Oceans, Coasts, and Islands
Dr. Biliana Cicin-Sain
Dr. Patricio Bernal
Dr. Verle Vanderweerd
Director,
Executive Secretary
Coordinator,
Gerard J. Mangone Center for
Intergovernmental
UNEP/GPA (Global
Marine Policy
Oceanographic Commission,
Programme of Action
University of Delaware
UNESCO
for the Protection of the
Marine Environment from
Land- Based Activities)
iii

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iv

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CONTENTS
Foreword by the Global Forum Co-Chairs
iii
List of Tables
vi
List of Boxes
vi
List of Figures
vi
1. Introduction
1
2. Background
1
3. Small Island Developing States in Context
4
4. Overview of Selected Multilateral Environmental Agreements
(MEAs) Relevant to SIDS 5
5. SIDS Participation in MEAs: Applicability and Effectiveness
5
Ocean Governance
7
Fisheries and Aquaculture
7
Marine Pollution and Ocean Dumping
9
Marine/Coastal Environment and Biodiversity
15
Climate Change
17
Tourism
18
6. Constraints in Multilateral Environmental Agreements
18
7. Instruments Provided by Multilateral Environmental Agreements
to Achieve Environmental Sustainability within SIDS
19
8. Conclusions
21
References
22
Appendices
A. Sustainable Development of Small Islands, Agenda 21, Chapter 17, Section G
25
B. Articles and Paragraphs of Particular Interest to SIDS Within the Major
Multilateral Environmental Agreements
27
C. Examples of Funding and Assistance Provisions for SIDS
in Multilateral Environmental Agreements
42
v

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LIST OF TABLES
1. Small Island Developing States and their Exclusive Economic Zones
2
2. Ratification Status of Major Binding Global Multilateral Environmental
Agreements Relevant to SIDS
11
3. Major Instruments Provided by Selected Multilateral Environmental Agreements
20
LIST OF BOXES
1. Major Targets and Timetables Adopted at the 2002 World Summit on Sustainable
Development on SIDS, and Related Oceans and Coasts Commitments
3
2. Major Global Binding Multilateral Environmental Agreements (MEAs)
of Relevance to SIDS
6
LIST OF FIGURES
1. Multilateral Environmental Agreement Ratification by Small Island Developing
States (SIDS) and non-SIDS
13
vi

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Global Multilateral Environmental Agreements
and Small Island Developing States
1. Introduction
and international levels to enable small island developing
States to achieve sustainable development" for 14 policy
This paper identifies and analyzes multilateral environmen- areas, such as climate change, natural disasters, freshwa-
tal agreements (MEAs) relevant to small island developing ter resources, waste management, coastal and marine re-
States (SIDS), particularly those related to ocean and coastal sources, and tourism (Barbados Programme of Action 1994).
issues, as well as the instruments associated with the MEAs
Ten years after the Earth Summit, in August 2002, the
such as technology transfer and capacity building. The international community met in Johannesburg for the World
paper reviews 19 binding global MEAs of relevance to Summit on Sustainable Development (WSSD). In the months
SIDS1 , which are grouped into five major areas: 1) ocean prior to the actual conference, SIDS lobbied tirelessly for
governance, 2) fisheries and aquaculture, 3) marine pollu- the inclusion of oceans, coasts and islands in the confer-
tion and ocean dumping, 4) marine/coastal environment and ence agenda. In the Plan of Implementation of the World
biodiversity, and 5) climate change. Also addressed in this Summit on Sustainable Development, the sustainable de-
paper are applicability and reported effectiveness of the velopment of SIDS is addressed in Chapter 7 of the
MEAs to issues relevant to SIDS, and constraints in the Johannesburg Plan of Implementation.
implementation of MEAs in SIDS. See Table 1 for a list of
the SIDS discussed in this paper.
Governments at the WSSD committed themselves to a
series of targets to further sustainable development; ap-
2. Background
proximately 20 of which apply directly to SIDS (see Box
1). Many of these targets address the ratification and full
implementation of other environmental initiatives such as
Generally an overlooked voice in the international policy the United Nations Convention on the Law of the Sea
arena prior to the 1990s, SIDS made a strong showing at (UNCLOS), Agenda 21, International Maritime Organiza-
the United Nations Conference on Environment and De- tion (IMO) instruments dealing with marine pollution, and
velopment (UNCED or "Earth Summit") in 1992. Their in- the Global Programme of Action for the Protection of the
clusion in Chapter 17 of Agenda 21 brought significant in- Marine Environment from Land-based Activities (GPA).
ternational attention to their constraints and challenges in Additional commitments focus on support for SIDS through
achieving sustainable development, including scarce land capacity building, technology and science transfer, and funds
resources, which lead to difficult land use decisions; limited for climate change and hazard mitigation. Finally, general
freshwater; education and training needs; health and hu- commitments focus on the need to promote sustainable man-
man settlement requirements; inordinate pressures on coastal agement of fisheries, community-based sustainable tourism
and marine environments and resources; and limited means initiatives, and the use of management principles such as
available to exploit natural resources on a sustainable basis. integrated coastal management (ICM) and the ecosystem
Additionally, Chapter 17 outlined a series of "management- approach. Following the WSSD, the United Nations Gen-
related activities" for SIDS, which includes conducting en- eral Assembly adopted Resolution (A/57/262), which called
vironmental inventories, monitoring, and short and long-term for a 10-year comprehensive assessment of the Barbados
sustainable development planning (See Appendix A for the Programme of Action for the Sustainable Development of
complete SIDS section of Chapter 17).
Small Island Developing States (BPoA) at a high-level in-
ternational meeting, to be held in Mauritius on January 10-
Pursuant to UN General Assembly resolution 47/189, 14, 2005.
SIDS convened the Global Conference on the Sustainable
Development of Small Island Developing States in Barba-
During the preparatory process for the Mauritius Inter-
dos in 1994. This was the first global conference on sus- national Meeting, SIDS have been reviewing both national
tainable development and the implementation of Agenda 21, and regional progress on BPoA implementation to deter-
such that it translated "Agenda 21 into specific policies, mine which goals have been achieved and which issue ar-
actions and measures to be taken at the national, regional
1 Note: Non-binding international agreements, such as the International Coral Reef Initiative (ICRI) and the FAO Code of Conduct
for Responsible Fishing, may be discussed but are not analyzed in this study. Similarly, the analysis of regional environmental
agreements is beyond the scope of this paper.
1

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Table 1. Small Island Developing States and their Exclusive Economic Zones
2
Coun y
r
t
Reg o
i n
Km
o
W
d
l
r
%
A
i
t
n g a
u
a d
n
Ba b
r
d
u a
Ca i
r bbean
102 8
, 67
0 1
. 0
Ba a
h
a
m s
Ca i
r bbean
369 1
, 49
0 3
. 6
Ba
a
r
h
in
A
S
M
I
-
-
-
-
Ba b
r ados
Ca i
r bbean
183 4
, 36
0 1
. 8
Be i
l e
z
Ca i
r bbean
12 8
, 39
0 0
. 1
Cape
e
V
d
r e
A
S
M
I
742 4
, 38
0 7
. 3
Co
o
m
o
r s
A
S
M
I
161 9
, 93
0 1
. 6
Cook s
I a
l
d
n s*
Paci i
f c
1 8
, 30 0
, 00
1 7
. 9
C b
u a
Ca i
r bbean
222 2
, 04
0 2
. 2
C p
y
s
u
r
A
S
M
I
-
-
-
-
Do
i
m i
n ca
Ca i
r bbean
24 9
, 17
0 0
. 2
Do
i
m i
n can
e
R p b
u i
l c
Ca i
r bbean
246 4
, 54
0 2
. 4
Fede a
r
e
t d
a
t
S
e
t s of
i
M c o
r
e
n sia*
Paci i
f c
2 9
, 80 0
, 00
2 9
. 2
Fi i
j
Paci i
f c
1 2
, 60 0
, 00
1 2
. 3
e
r
G
a
n da
Ca i
r bbean
20 2
, 85
0 0
. 2
i
u
G
e
n a B
- issau
A
S
M
I
86 6
, 70
0 0
. 8
a
y
u
G
a
n
Ca i
r bbean
122 0
, 17
0 1
. 2
a
H i i
t
Ca i
r bbean
86 3
, 98
0 0
. 8
Ja
a
m ica
Ca i
r bbean
234 7
, 80
0 2
. 3
Ki i
r ba i
t *
Paci i
f c
3 6
. 00 0
, 00
3 5
. 3
a
M d
l i e
v s
A
S
M
I
870 6
, 23
0 8
. 5
a
M
a
t
l
A
S
M
I
-
-
-
-
a
M
s
r
a
h l
l s
I a
l
d
n s*
Paci i
f c
2 1
, 31 0
, 00
2 0
. 9
a
M
i
r
u i
t s
u
A
S
M
I
1 2
, 74 6
, 38
1 2
. 5
a
N
*
u
r
u
Paci i
f c
436 4
, 90
0 4
. 3
i
N e
u *
Paci i
f c
390 0
, 00
0 3
. 8
Pa a
l
*
u
Paci i
f c
600 9
, 00
0 5
. 9
Pap a
u
e
N w
i
u
G
e
n a*
Paci i
f c
3 1
, 20 0
, 00
3 0
. 6
Sa
o
m a*
Paci i
f c
109 9
, 32
0 1
1
.
Sao o
T
e
m
a d
n
P i
r c
n ipe
A
S
M
I
142 5
, 63
0 1
. 4
Se c
y
e
h
e
l
l s
A
S
M
I
1 2
, 88 6
, 43
1 2
. 6
Si g
n apo e
r
A
S
M
I
-
-
-
-
So o
l
o
m n s
I a
l
d
n s*
Paci i
f c
1 6
, 30 0
, 00
1 6
. 0
.
t
S Ki s
t
t
a d
n
e
N
i
v s
Ca i
r bbean
20 4
, 00
0 2
. 0
.
t
S L c
u ia
Ca i
r bbean
1
1 4
, 83
0 0
. 1
.
t
S Vi c
n e t
n a d
n
e
h
t
e
r
G
a
n di e
n s
Ca i
r bbean
32 3
, 20
0 0
. 3
S
i
r
u
a
n
e
m
Ca i
r bbean
1
1 9 0
, 50
0 1
. 2
o
T
g
n a*
Paci i
f c
700 0
, 00
0 6
. 9
i
r
T
i
n dad a d
n
o
T bago
Ca i
r bbean
60 6
, 59
0 0
. 6
a
v
u
T
*
u
l
Paci i
f c
757 0
, 00
0 7
. 4
a
V
a
u
n
*
u
t
Paci i
f c
680 0
, 00
0 6
. 7
o
T a
t l
23 0
, 62 1
, 48
26.3
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i
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2

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Box 1. Major Targets and Timetables Adopted at the 2002 World Summit
on Sustainable Development on SIDS, and Related Oceans
and Coasts Commitments
Small island developing States
­ Develop community-based initiatives on sustainable tourism in small island developing States by 2004
­ Reduce, prevent, and control waste and pollution and their health- related impacts in Small island developing
States by 2004 through the implementation of the Global Programme of Action for the Protection of the Marine
Environment from Land-based Activities
­ Support the availability of adequate, affordable and environmentally sound energy services for the sustainable
development of small island developing States, including through strengthening efforts on energy supply and
services by 2004
­ Undertake a comprehensive review of the implementation of the Barbados Programme of Action for the Sustain-
able Development of Small Island Developing States in 2004
Integrated ocean and coastal management
­ Encourage the application of the ecosystem approach by 2010 for the sustainable development of the oceans,
particularly in the management of fisheries and the conservation of biodiversity
­ Establish an effective, transparent and regular inter-agency coordination mechanism on ocean and coastal issues
within the United Nations system
­ Promote integrated coastal and ocean management at the national level and encourage and assist countries in
developing ocean policies and mechanisms on integrated coastal management
­ Assist developing countries in coordinating policies and programs at the regional and sub-regional levels aimed
at conservation and sustainable management of fishery resources and implement integrated coastal area manage-
ment plans, including through the development of infrastructure
Fisheries
­ Implement the FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregu-
lated Fishing by 2004
­ Implement the FAO International Plan of Action for the Management of Fishing Capacity by 2005
­ Maintain or restore depleted fish stocks to levels that can produce their maximum sustainable yield on an urgent
basis and where possible no later than 2015
­ Eliminate subsidies that contribute to illegal, unreported and unregu-lated fishing and to overcapacity
Conservation of biodiversity
­ Develop and facilitate the use of diverse approaches and tools, including the ecosystem approach, the elimina-
tion of destructive fishing practices, the establishment of marine protected areas consistent with international law
and based on scientific information, including representative networks by 2012
Protection from marine pollution
­ Advance implementation of the Global Programme of Action for the Protection of the Marine Environment from
Land-based Activities in the period 2002-2006 with a view to achieve substantial progress by 2006
Science and observation
­ Establish a regular process under the United Nations for global reporting and assessment of the state of the
marine environment, including socioeconomic aspects, by 2004
3

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eas need more attention and resources. A plan to further the environment. Their particular concern about coastal
BPoA implementation will constitute one of the most promi- and marine issues is understandable; even though they are
nent outcomes of the Mauritius meeting.
small States, SIDS have jurisdiction over vast ocean areas
through their large Exclusive Economic Zones (EEZs).
Various commitments emanating from the Earth Summit,
the Barbados Conference, and the recent WSSD require
For example, Palau has a population of 20,000 residing
technology and funding that is beyond the scope of many on a land area of 487 square kilometers, but is responsible
SIDS. MEAs provide one mechanism for SIDS to both con- for overseeing an EEZ exceeding 600,000 square kilome-
trol pollution in coastal and marine areas and provide for the ters. Within the Pacific Islands and Territories, the per capita
sustainable development of island economies.
EEZ is approximately 11 square kilometers; each Pacific
Islander is theoretically responsible for 11 square kilome-
MEAs can be effective tools for facilitation of imple- ters of ocean space.2 Managing fishing activities through-
mentation of goals set forth under the BPoA. Indeed, the out the expansive EEZs of SIDS countries is difficult. Ille-
BPoA specifically calls for the ratification and implementa- gal, unregulated, and unreported fishing (IUU fishing), a
tion of several MEAs, including the Basel Convention on global problem, is a particular challenge for SIDS.
the Control of Transboundary Movements of Hazardous
Wastes and Their Disposal (Basel Convention), the Con-
In addition, effects of global environmental issues such
vention on the Prevention of Marine Pollution by Dumping as terrestrial habitat fragmentation and loss of biodiversity
of Wastes and Other Matter (London Convention of 1972), are exacerbated in SIDS due mainly to their small size. SIDS
the Convention on Biological Diversity (CBD), Convention are particularly susceptible to natural and environmental di-
on International Trade in Endangered Species of Wild Fauna sasters, but have a limited capacity to respond to and re-
and Flora (CITES) and "other relevant international and cover from such disasters. In particular, SIDS, due to their
regional conventions." In particular, BPoA objectives that low-lying topography and high ratio of coastal land area to
require global or regional action, such as climate change, total land area, are vulnerable to the adverse effects of cli-
are best addressed by MEAs.
mate change, including sea level rise, seawater intrusion of
limited groundwater resources, increased tropical storm
activity, and increased incidence of vector-borne diseases.
3. Small Island Developing States
The Intergovernmental Panel on Climate Change has pro-
in Context
jected with high confidence (67-95%) that climate change
could exacerbate coastal erosion, loss of land and property,
SIDS have long been recognized for their special attributes dislocation of people, risk from storm surges, saltwater in-
and characteristics. SIDS are generally blessed with natu- trusion into freshwater resources, and high resource costs
ral beauty, rich cultural traditions, high biodiversity, and ideal to respond or adapt to these changes.
climates for tourism. However, these nations face many
constraints to development, including smallness, remoteness,
Agenda 21 recognizes that SIDS constitute a special case
constraints in transportation and communications, great dis- for environment and development, and that developing na-
tances from market centers, heavy dependence on a few tions play a vital role in the drafting and implementation of
commodities for foreign exchange earnings, shortage of MEAs. As recognized in Chapter 39 of Agenda 21,
administrative personnel, and heavy financial burdens (Hein
1985). Their small size limits development of economies of
"39.1(c) At the global level, the essential impor-
scale and their remoteness increases the cost of transpor-
tance of the participation in and the contribution of
tation and communication.
all States, including the developing States, to treaty-
making in the field of international law on sustainable
Within the ocean and coastal policy arena, SIDS tend to
development [should be taken into account]. Many
be more focused than other nations on marine issues such
of the existing international legal instruments and
as fisheries, marine pollution, climate change, freshwater
agreements in the field of environment have been
resources, and tourism. The marine and coastal environ-
developed without adequate participation and contri-
ment is vital to the livelihoods of SIDS, providing a source
bution of developing States, and thus may require
of food through fisheries and a source of revenue through
review in order to reflect the concerns and interests
tourism. SIDS, therefore, are generally very concerned
of developing States and to ensure a balanced gov-
about the environment and the activities that may impact
2 Excluding Papua New Guinea (PNG). If PNG is included, the ratio drops to 4.6 square kilometers per capita. Source: McCall, n.d.
Nissology: A debate and discourse from below. Center for South Pacific Studies. University of New South Wales, Australia.
4

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ernance of such instruments and agreements.
Marine Environment from Land-based Activities3;
"39.1(d) Developing States should also be pro-
· The Intergovernmental Negotiating Committee for the
vided with technical assistance in their attempts to
Elaboration of a Convention to Combat Desertifica-
enhance their national legislative capabilities in the
tion in those States Experiencing Serious Drought and/
field of environmental law."
or Desertification, particularly in Africa (precursor to
the UN Convention to Combat Desertification);
4. Overview of Multilateral Environmental
· Basel Convention on the Control of Transboundary
Agreements Relevant to SIDS
Movements of Hazardous Wastes and their Disposal;
The earliest multilateral agreement related to the environ-
· Convention on International Trade in Endangered Spe-
ment, the Rhine Convention, dates back to 1868. Since then,
cies of Wild Fauna and Flora; and
the number of international agreements has risen to at least
· Convention on Wetlands of International Importance
502 international treaties and other agreements related to
Especially as Waterfowl Habitat.
the environment, of which 323 are regional. Nearly 60 per-
cent of these treaties have been initiated since 1972 (UNEP
2001). As previously mentioned, this paper focuses on in- 5. SIDS Participation in MEAs:
ternational MEAs of interest to SIDS, particularly those Applicability and Effectiveness
related to ocean and coastal issues.
The following section of this paper provides a brief over- This section describes the major MEAs relevant to SIDS
view of 19 MEAs of relevance to SIDS. The MEAs have and discusses both global ratification and ratification by SIDS.
been divided into five categories as follows: 1) ocean gov- The applicability to and effectiveness for SIDS is discussed
ernance, 2) fisheries and aquaculture, 3) marine pollution for each MEA. The issue of MEA applicability to SIDS
and ocean dumping, 4) marine/coastal environment and focuses on the relevance of the MEA at addressing issues
biodiversity, and 5) climate change. The MEAs are listed in faced by SIDS, while reported effectiveness focuses on
Box 2.
how well the provisions of the MEAs are able to success-
fully address the intended issues.
In addition to recommending the ratification and imple-
mentation of several MEAs, the BPoA states that, "[t]he
Ratification of the environmental agreements under the
implementation of the Programme of Action shall be con- above-mentioned six broad categories is discussed below
sistent with a number of parallel international processes and a full listing of ratifications is shown in Table 2. For the
important to the sustainable development of small island purposes of the study and the table, the SIDS referenced
developing States that contain relevant provisions." Spe- are those 41 States recognized by either the UN Depart-
cifically, global MEAs named in the BPoA include:
ment of Economic and Social Affairs (UN DESA) or the
Alliance of Small Island Developing States (AOSIS) as SIDS
· United Nations Framework Convention on Climate
and by the United Nations as sovereign nations. That is,
Change;
dependent territories are omitted from the study. When
reference is made to percentage of non-SIDS ratification, a
· Convention on Biological Diversity;
total of 150 non-SIDS States are used (the current total of
191 United Nations Member States minus the 41 SIDS).
· United Nations Agreement on Straddling Fish Stocks
Being a party to a given MEA indicates accession or ratifi-
and Highly Migratory Fish Stocks;
cation of the MEA; parties to a given MEA are bound by its
provisions. Signatories to a given MEA are not necessarily
· United Nations Convention on the Law of the Sea;
parties and are not bound by its provisions.
· International Conference on Population and Develop-
ment;
· Global Programme of Action for the Protection of the
3 The GPA was a work in progress in 1994; the BPoA refers to the intergovernmental negotiations on land-based sources of
marine pollution of UNEP, which evolved into the GPA
5

---

Box 2. Major Global Binding Multilateral
Environmental Agreements (MEAs) of Relevance to SIDS
Ocean Governance
· 1982 United Nations Convention on Law of the Sea (UNCLOS)
· Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of
10 December 1982 (Agreement on UNCLOS Part XI)
Fisheries and Aquaculture
· Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995 U.N. Fish
Stocks Agreement)
· 1993 Agreement to Promote Compliance with International Conservation and Management Measures by
Fishing Vessels on the High Seas (High Seas Fishing Vessels Agreement)
· International Convention for the Regulation of Whaling (ICRW)
Marine Pollution and Ocean Dumping
· Basel Convention on the Control of Transboundary Movement of Hazardous Waste (Basel Convention)
· 1972 Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter (London
Convention of 1972)
· International Convention for the Prevention of Pollution from Ships (MARPOL 73/78)
· The International Convention on Oil Pollution Preparedness, Response, and Cooperation (the OPRC Conven-
tion)
· Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention)
· Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade (Rotterdam Convention)
Marine/Coastal Environment and Biodiversity
· Convention on Biological Diversity (CBD)
· Cartegena Protocol on Biosafety
· Convention on International Trade of Endangered Species of Flora and Fauna (CITES)
· Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention)
· Convention on Migratory Species of Wild Animals of 1979 (Bonn Convention)
· United Nations Convention to Combat Desertification (UNCCD)
Climate Change
· United Nations Framework Convention on Climate Change (UNFCCC)
· Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto Protocol)
6

---

OCEAN GOVERNANCE
tion, on 28 July 1994, of the Agreement relating to the imple-
mentation of Part XI of the United Nations Convention on
1982 United Nations Convention
the Law of the Sea of 10 December 1982 (United Nations
on the Law of the Sea (UNCLOS)
n.d.).
As of February 2004, 117 States were Parties to the
Described by then United Nations Secretary-General in 1982 Agreement on UNCLOS Part XI, which entered into force
as "possibly the most significant legal instrument of this cen- on July 28, 1996. SIDS participation in this Agreement is
tury," the United Nations Convention on the Law of the roughly equivalent to global participation, with 59% of SIDS
Sea (UNCLOS) represents the first attempt by the interna- ratifying or acceding to the Agreement as compared to 62%
tional community to regulate all aspects of ocean resource of non-SIDS States.
uses, including navigational rights, territorial sea limits, and
protection of the marine environment.
FISHERIES AND AQUACULTURE
UNCLOS addresses delineation of, and respective rights
in, maritime zones, including internal waters, the territorial As described below, major MEAs that address fishery re-
sea, EEZ, continental shelf, and the high seas; protection sources include the 1993 Agreement to Promote Compli-
and preservation of the marine environment from vessel- ance with International Conservation and Management
source, land-based, and seabed-mining related pollution and Measures by Fishing Vessels on the High Seas (Fishing
from ocean dumping; marine scientific research; and sea- Vessels Agreement) and the Conservation and Manage-
bed mining. UNCLOS also creates several new interna- ment of Straddling Fish Stocks and Highly Migratory Fish
tional institutions and provides for binding dispute settlement. Stocks (Straddling Fish Stocks). These agreements em-
phasize the use of maximum sustainable yields and allow-
As of February 2004, 145 States were party to UNCLOS, able catch for nearshore and offshore commercial fisher-
which entered into force on November 16, 1994. 92% of ies.
SIDS are Parties to UNCLOS, as compared to 71% of all
non-SIDS nations (United Nations 2004). With the ratifi-
It should be noted that although aquaculture is consid-
cation of UNCLOS, small island states increased their ju- ered an emerging use of the ocean, it is not specifically
risdictional power through delineation of 200-mile EEZs. In dealt with in most fisheries agreements. Given the growth
many cases, SIDS' EEZs far exceed their land area. For of the aquaculture industry coupled with concerns about its
example, while Barbados has an approximate land area of impacts on the marine environment, it is anticipated that
430 km2, it has jurisdiction over approximately 167,000 km2 existing agreements may be amended to explicitly influence
of ocean space. Tuvalu, one of the smallest SIDS in the aquaculture management. The Food and Agriculture Or-
world, has a land area of 26 km2, yet has jurisdiction over ganization Code of Conduct for Responsible Fisheries, de-
approximately 900,000 km2 of ocean space. With increased scribed below under "Fisheries Soft Law," does contain
sovereignty over ocean resources comes increased respon- guidance for development of aquaculture; however, this
sibility for management. Through the associated jurisdic- agreement is non-binding.
tion granted through UNCLOS, SIDS may regulate marine
pollution from ships and commercial fisheries, among other The United Nations Agreement for the
activities. However, managing a large EEZ with limited Implementation of the Provisions of the United
human resources and capacity can prove extremely diffi- Nations Convention on the Law of the Sea of 10
cult. SIDS and other developing nations are in need of December 1982 relating to the Conservation and
assistance with respect to EEZ delimitation, surveying, moni- Management of Straddling Fish Stocks and Highly
toring, and management.
Migratory Fish Stocks (1995 U.N. Fish Stocks
Agreement)
Agreement relating to the implementation of Part XI
of the United Nations Convention on the Law of the
The United Nations Agreement for the Implementation of
Sea of 10 December 1982 (Agreement on UNCLOS
the Provisions of the United Nations Convention on the Law
Part XI)
of the Sea relating to the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish Stocks
To address certain difficulties with the seabed mining provi- (1995 U.N. Fish Stocks Agreement) sets out principles for
sions contained in Part XI of UNCLOS, which had been the conservation and management of those fish stocks and
raised primarily by the industrialized States, the Secretary- establishes that such management must be based on the
General of the United Nations convened in July 1990 a se- precautionary approach and the best available scientific in-
ries of informal consultations which culminated in the adop- formation. The 1995 U.N. Fish Stocks Agreement elabo-
7

---

rates on the fundamental principle established in UNCLOS: obligates a state to ensure that fishing by vessels under its
States should cooperate to ensure conservation and pro- flag do not undermine international conservation and man-
mote the objective of the optimum utilization of fisheries agement efforts. A State is not to allow the use of its flag
resources both within and beyond the EEZ.
unless it can effectively exercise its Compliance Agree-
ment responsibilities (Juda 2001). This agreement is not
The 1995 U.N. Fish Stocks Agreement attempts to achieve widely ratified, with current ratification at 15% for SIDS
this objective by providing a framework for cooperation in and 15% for non-SIDS States. Low ratification of this
the conservation and management of those resources. It Agreement could be attributed to nations' need to focus on
promotes good order in the oceans through the effective their territorial seas and EEZs before attempting to manage
management and conservation of high seas resources by or enforce behavior on the high seas.
establishing, among other things, detailed minimum interna-
tional standards for the conservation and management of International Convention for the Regulation
straddling fish stocks and highly migratory fish stocks; en- of Whaling (ICRW)
suring that measures taken for the conservation and man-
agement of those stocks in areas under national jurisdiction
and in the adjacent high seas are compatible and coherent; The International Convention for the Regulation of Whal-
ensuring that there are effective mechanisms for compli- ing which was signed in Washington DC on December 2,
ance and enforcement of those measures on the high seas; 1946, establishing the International Whaling Commission
and recognizing the special requirements of developing States (IWC). The purpose of the Convention and the IWC is to
in relation to conservation and management as well as the provide for the proper conservation of whale stocks and
development and participation in fisheries for the two types thus make possible the orderly development of the whaling
of stocks mentioned above.
industry. The Convention entered into force on November
10, 1948.
The Fish Stocks Agreement was adopted on August 4,
1995 by the United Nations Conference on Straddling Fish
The main duty of the IWC is to keep under review and
Stocks and Highly Migratory Fish Stocks. The Agreement revise as necessary the measures laid down in the Conven-
entered into force on December 11, 2001, and currently has tion which govern the conduct of whaling throughout the
51 Parties (United Nations 2004), 17 of which are SIDS. world. These measures, among other things, provide for
Ratification by non-SIDS nations stands at 23%, with SIDS the complete protection of certain species; designate speci-
ratification at 41%.
fied areas as whale sanctuaries; set limits on the numbers
and size of whales which may be taken; prescribe open and
Agreement to Promote Compliance with International
closed seasons and areas for whaling; and prohibit the cap-
Conservation and Management Measures by Fishing
ture of suckling calves and female whales accompanied by
Vessels on the High Seas
calves. The compilation of catch reports and other statisti-
(1993 High Seas Fishing Vessels Agreement)
cal and biological records is also required.
Fifty-two (52) States are party to the Convention , that
The Agreement to Promote Compliance with International is, eight SIDS (20%) and 44 non-SIDS States (29%). (In-
Conservation and Management Measures by Fishing Ves- ternational Whaling Commission 2004).
sels on the High Seas (1993 High Seas Fishing Vessels
Agreement) was adopted in Rome by consensus of the "Soft Law" for Fisheries and Aquaculture
United Nations Food and Agricultural Organization (UN
FAO) Conference on November 24, 1993.
In addition to binding MEAs, soft law instruments, such as
The 1993 High Seas Fishing Vessels Agreement is based declarations, programmes of action, codes of conduct, and
on Article 91 of UNCLOS, which obligates flag states to frameworks are developed to manage environmental issues
ensure that a genuine link exists between themselves and at a global or regional scale. These initiatives provide sev-
the vessels they register. The UNCLOS Article was in- eral instruments and tools for enhanced management of
tended to prevent reflagging or unjustified registration with resources such as fisheries, particularly for developing
non-member states, but has not achieved this result. This States; thus, they constitute an excellent incentive and a
Agreement strengthens the general principles of UNCLOS potential source of funds to pursue sustainable development.
to improve the effectiveness of multilateral fishing organi-
zations. The 1993 High Seas Fishing Vessels Agreement, FAO Code of Conduct for Responsible Fisheries
which is binding upon Party States, specifies the responsi- (FAO Code of Conduct)
bilities of a state for ships flying its flag that fish on the high
seas, requires flag-state authorization for such fishing, and In recognition of the importance of fisheries for sustenance,
8

---

employment, income and recreation worldwide, the Food as ocean dumping from vessels, as well as marine pollution
and Agriculture Organization of the United Nations (FAO) from land-based sources, such as runoff. The 1972 Con-
developed the FAO Code of Conduct for Responsible Fish- vention on the Prevention of Marine Pollution by Dumping
eries in 1995 (FAO Code of Conduct). This voluntary Code Wastes and Other Matter (London Convention) and Inter-
aims to ensure that all people working in fisheries and aquac- national Convention for the Prevention of Pollution from
ulture commit themselves to its principles and goals and Ships (MARPOL 73/78) are the two primary agreements
take practical measures to implement them.
addressing marine pollution from maritime activities. The
Preamble to the 1996 Protocol to the London Convention
The Code of Conduct, which consists of a collection of makes note of the need to recognize the special consider-
principles, goals and elements for action, represents a glo- ations of developing states, in particular SIDS (Heathcote
bal consensus or agreement on a wide range of fisheries and Nawadra 2004).
and aquaculture issues. Governments, in cooperation with
their industries and fishing communities, have the responsi- Basel Convention on the Control of Transboundary
bility to implement the Code. FAO provides technical sup- Movement of Hazardous Waste (Basel Convention)
port, but governments have the primary responsibility to
implement the Code through national fishing plans and poli- The Basel Convention on the Control of Transboundary
cies. Implementation of the Code will be most effectively Movement of Hazardous Waste (Basel Convention) was
achieved when governments are able to incorporate its prin- negotiated between 1987 and 1989, following several high-
ciples and goals into national fishery policies and legislation. profile cases of hazardous waste dumping in developing
States. The Basel Convention aims to both minimize the
The Code of Conduct was adopted by over 170 FAO production of hazardous waste materials and to control and
member nations in 1995.
reduce their transboundary movements so as to protect hu-
man health and the environment. This Convention gener-
International Plan of Action to Prevent, Deter and
ally prohibits waste export to: 1) Antarctica; 2) those States
Eliminate Illegal, Unreported and Unregulated
that have banned waste importation as a matter of national
Fishing (IPOA for IUU Fishing)
policy; and 3) non-Party States. Hazardous waste trans-
fers that are permitted under the Basel Convention are sub-
Illegal, unreported and unregulated (IUU) fishing has been ject to the mechanism of prior notification and consent, which
identified in a wide range of international fora as being a requires Parties not to export hazardous waste to another
major constraint to the achievement of responsible fisher- party unless the `competent authority' in the importing state
ies. FAO developed the International Plan of Action (IPOA) has been properly informed and has consented to the trade
for IUU fishing as a voluntary instrument within the frame- (Krueger 2001) .
work of the Code of Conduct for Responsible Fisheries.
The IPOA for IUU fishing makes specific mention of SIDS,
The Basel Convention is the primary global MEA to ad-
stating, "States, with the support of FAO and relevant inter- dress the transboundary movement of hazardous wastes.
national financial institutions and mechanisms, where ap- Difficulties in assessing the progress achieved by SIDS since
propriate, should cooperate to support training and capacity the Basel Convention entered into force can be attributed
building and consider providing financial, technical and other to poor data submission at the national level. The Conven-
assistance to developing States, including in particular the tion requires Parties to report and transmit national defini-
least developed among them and small island developing tions of hazardous waste, national regulations, and informa-
States, so that they can more fully meet their commitments tion regarding transboundary movements; however, less than
under the IPOA and obligations under international law, in- half of signatory Parties reported the required information
cluding their duties as flag States and port States" (FAO for 2001, with 70 out of 140 Parties reporting. Of the 26
2001).
SIDS who are party to the Basel Convention, only seven
SIDS (27% of Parties) reported in 2001 (Secretariat of the
MARINE POLLUTION AND OCEAN DUMPING
Basel Convention n.d.).
While data remain unavailable to quantitatively assess
A number of MEAs address the critical issue of marine the impacts of the Convention, the Basel Convention has
pollution, whether marine pollution is the sole focus of the placed an international spotlight on the practice of richer,
initiative or is addressed in the larger context of its impacts developed States exporting their waste to poorer, develop-
on the marine and coastal environment. These agreements ing States and created an international consensus that this
address both marine pollution from maritime activities, such practice should cease to occur. The Basel Convention has
9

---

linkages with several regional MEAs, most notably the
There are presently 80 Parties to the London Conven-
Waigani Convention which prohibits the import of hazard- tion, 19 of which are SIDS (46%), and 61 of which are non-
ous waste into Pacific Island developing States (Krueger SIDS (41%). The 1996 Protocol has 19 parties, three of
2001).
which are SIDS (7% ratification by SIDS versus 11% rati-
fication by non-SIDS).
The Basel Convention entered into force in May 1992
and, as of February 2004, had 159 Parties , 26 of which International Convention for the Prevention of
were SIDS. 89% of non-SIDS States have ratified the Pollution from Ships, 1973, as modified by the
Basel Convention, while 63% of SIDS have ratified this Protocol of 1978 relating thereto (MARPOL 73/78)
Convention (Basel Convention Secretariat 2004).
The International Convention for the Prevention of Pollu-
1972 Convention on the Prevention of Marine
tion from Ships, 1973, as modified by the Protocol of 1978
Pollution by Dumping Wastes and Other Matter
relating thereto (MARPOL 73/78) is the main international
(London Convention of 1972)
convention concerned with the prevention of pollution from
accidental and operational causes in ships. The original
The purpose of the 1972 Convention on the Prevention of MARPOL convention, the International Convention for the
Marine Pollution by Dumping Wastes and Other Matter Prevention of Pollution from Ships, was adopted by the In-
(London Convention of 1972) is to control all sources of ternational Conference on Marine Pollution convened by
marine pollution and prevent pollution of the sea through the International Maritime Organization in 1973. This con-
regulation of dumping into the sea of waste materials. A so- vention was subsequently modified by the Protocol of 1978,
called "black- and grey-list" approach is applied for wastes, which was adopted by the International Conference on
which can be considered for disposal at sea according to Tanker Safety and Pollution Prevention (International Mari-
the hazard they present to the environment. For the black- time Organization n.d).
list items, dumping is prohibited, while dumping of the grey-
listed materials requires a special permit from a designated
The Convention is implemented through six technical
national authority under strict control and provided certain annexes that regulate various pollutants:
conditions are met. All other materials or substances can be
dumped after a general permit has been issued.
Annex I Regulations for the Prevention of Pollution
by Oil
The regime established by the London Convention en-
sures a considerable degree of transparency. It allows not
Annex II Regulations for the Control of Pollution
only relevant international organizations, such as special-
by Noxious Liquid Substances in Bulk
ized agencies of the United Nations, e.g., the International
Atomic Energy Agency, but also a range of nongovernmen-
Annex III Prevention of Pollution by Harmful Sub-
tal organizations to attend as observers and make state-
stances Carried by Sea in Packaged Form
ments, submit documents, and participate freely in plenary
and working discussions. The main deficiencies of the re-
Annex IV Prevention of Pollution by Sewage from
gime are reported to be the inability to recruit sufficiently
Ships (entry into force date 27 September 2003)
wide participation, especially among developing coastal
Annex V Prevention of Pollution by Garbage from Ships
states, and an inadequate compliance system. It is also re-
ported that obligations to lodge national reports on dumping
Annex VI Prevention of Air Pollution from Ships
and management activities are widely ignored (Stokke 1998/
(adopted September 1997 - not yet in force)
1999).
States Parties must accept Annexes I and II, but the other
The 1996 Protocol to the London Convention is more Annexes are voluntary and require separate ratification. To
restrictive: application of a "precautionary approach" is in- date (February 2004), all Annexes are in force except An-
cluded as a general obligation; a "reverse list" approach is nex VI. See Table 2 for details on ratification by SIDS and
adopted, which implies that all dumping is prohibited unless non-SIDS States. Refer to Figure 1 for a graphical sum-
explicitly permitted; incineration of wastes at sea is prohib- mary of MEA ratification by SIDS and non-SIDS States.
ited; export of wastes for the purpose of dumping or incin-
eration at sea is prohibited (London Convention website
n.d.).
10

---

STATE PERCENTAGE
26%
48%
57%
65%
26%
39%
65%
70%
43%
57%
52%
50%
30%
39%
35%
70%
35%
43%
22%
39%
70%
57%
39%
57%
48%
48%
45%
STATE TOTAL
6
6
9
7
9
8
8
5
9
9
11
13
15
15
16
10
13
12
16
10
16
13
13
11
11
126
145


l
Kyoto Protoco


A

R



R
R
R
R
R
R
R
A

R
45%
93%
UNFCCC (Climate Change)
R
R
R
R
100%
R
R
R
R
R
R
R
R
R
100%


D (Desertification)
UNCC
A
R R
R R A
R R
R R R
R R
R R
R R R
A
100%
A
R R R
A A R
A A A
A
A A
A
R R A
100%


Bonn Conv. (Migratory Species)
0%




R

R


A








27%

s)
e i c
Spe
in End.
ade
CITES (Tr


A
R R A
A
A
A
R
A
A
A
73%
A
A
A


A


A
A
A


A
21%


Ramsar Conv. (Wetlands)
A

A
R
R

A
R










R/A
A






55%
14%
y
osafet
i
ocol on B
t
Cartagena Pro






A


S

S
R
S
A

A


R




18%
50%
gical Diversity
Conv. On Biolo

R
R
R
R
R
R
R
R A
R
R
R
100%
R
R
A
R
R
R
A A
A R
R
R
R
A A
R
R
100%


esitcides)
Rotterdam Conv. (P
0%














A
















14%
Stockholm Conv. (POPs)
0%
S

S
S
S S

S
S
S
S S
S

R
S
A
S

S
S
R
A

S
A
S
29%


ution)
ll
l Po
OPRC (Oi
R
R

R
R

R



R

55%
21%
llution)
ir Po
A
MARPOL VI (
Agreements Relavant to SIDS
9%


14%
MARPOL V (Garbage)

R
R
R


R
R
R

R R R
64%



R R R




R
R

R
R
R R R
43%


MARPOL IV (Sewage)


36%
43%
MARPOL III (Harmful Substances)
55%
43%
Oil/Noxious)
MARPOL I/II (

R R R
R R R
R


R R
R R R
R R R
R
R R
73%



R R R




R R R
R R R

R R R
R R R
R R R
43%


2
ng Conv. of 197
London Dumpi


R

R

R


R

R


R
R

R
R

R
36%
43%
Waste)
undary
Basel Conv. (Transbo

R
A
A
A

A

A

A
A


A
A
A
A


A
S



S
73%
36%

ICRW (Regulation of Whaling)
0%





































R




R





14%


High Seas Fishing Vessels Agmt.
0%












27%

Agmt.
U.N. Fish Stocks
1995





R
R A

R
R

R
R
R


R
R


45%

64%
Agmt. on UNCLOS Part IX

/
A






R R A


R
R R
R/A


R R A
R
A


R/A


R
R/A

R
R/A
R R
R R

55%
71%
of the Sea)
UNCLOS (Law




86%
R
R
R
R
R
R
R
R
R
R
R
100%
R
R
A
A
A
R
S
A
R
R R/A
R
A
R R



s
u
e
us
cip
helle
onesia
pr
c
r
y
Bahrain
Cape Verde
Comoros
Cy
Guinea-
Bissau
Maldives
Malta
Mauritius
Sao Tome &
Prin
Se
Singapore
REGION
Cook
Islands
Fiji
Kiribati
Marshall
Islands
Mic
Nauru
Niue
Palau
Papua New
Guinea
Samoa
Solomon
Islands
Tonga
Tuvalu
Vanauat
REGION
NS
AIMS NATIO
NDS
A
PACIFIC ISL



T
able 2. Ratification Status of Major Binding Global Multilateral Environmental
11

---

STATE PERCENTAGE
61%
70%
70%
65%
57%
48%
52%
39%
52%
30%
70%
57%
70%
52%
52%
74%
57%

51%

55%

9
7
STATE TOTAL
14
16
16
15
13
11
12
12
16
13
16
12
12
17
211
482

2437






ocol
o Prot
yot
K
120
A
A

A
A

A


S
S

R
63%
68%
63%
61%
41 28
Change)
e
t
CC (Clima
UNFC
188
98%
98%
R A
R
R
R
R A
R
R
R
A
R
R
100%
100%




41
ication)
f
eserti
(D
UNCCD
191
R R R
A
A
A
R R R
A A
A
A
A
R R
A
A
A R
R
A
A
100%
100%
100%
100%




3
ratory Species)
Bonn Conv. (Mig

0%
0%














45%
55%
cies)
End. Spe
n
CITES (Trade i
25
SIDS
164 85

A
A
A
A
A
A
A
A

A
A
A
A
A
88%
61%
86%
93%




are not
Ramsar Conv. (Wetlands)
138
at

R
R/A

R/A



A A
R

R
A
50%
39%
72%
81%
s th
Cartagena Protocol on Biosafety
A
A A




S
A

A


A
63%
46%
46%
45%
41 19 16
Biological Diversity
n
Conv. O
188 87
98%
98%
R R
R R
R
R
R R
R
R
R R
R
R R
R
A
A
R
100%
100%
States




4
)
tcides
(Pesi
Rotterdam Conv.
e
mber












A R


S


A R


13%
10%
31%
37%
7
OPs)
(P
Stockholm Conv.
48 59

S
S
S
S
S S
A
S


S
S

A

S
A
19%
17%
25%
27%




Nations M
United Nations Member State
Pollution)
C (Oil
OPR
binding)
ited
R


R

R
R




R
n
31%
34%
38%
39%
Agreements Relavant to SIDS (Continued)
4 14
)
r Pollution
(Ai
OL VI
MARP
6%
7%
6%



10%


total number of
e
arbage)
G
(
OL V
MARP
27
116 13 73
R
R R R
R
R
R
R

R

R
R
R
R
R
R
88%
66%
61%
59%
tal number of U
, th




wage)
(Se
OL IV
MARP
150
y
R
the to
,
b
69%
51%
51%
51%
s)
tance
(Harmful Subs
MARPOL III
191
111 97
y

R
on-binding); A = accession (non-
81%
61%
58%
57%
ed b
MARPOL I/II (Oil/Noxious)
28 25 21
(n
127
y
R R R
R R
R R R
R R R
R
R R R

R R R

R R R
R R R
R R R
R R R
R R R
R R R
88%
68%
66%
66%




s
divid
Conv. of 1972
London Dumping
tie
R

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= signator
56%
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non-SIDS Parties divided
boundary Waste)
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159 80
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ention par
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8 26 19
n of Whaling)
(Regulatio
ICRW
52

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38%
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6
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the total number
19%
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e is
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IX
OS Part
on UNCL
Agmt.
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(State is


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R/A


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R
50%
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61%
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e
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38 24 17
Sea)
of the
UNCLOS (Law

145
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12

---

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13

---

The International Convention on Oil Pollution
Rotterdam Convention on Prior Informed Consent
Preparedness, Response, and Cooperation
Procedure for Certain Hazardous Chemicals and
(OPRC Convention)
Pesticides in International Trade (Rotterdam
Convention)
The International Convention on Oil Pollution Preparedness,
Response, and Cooperation (OPRC Convention) aims to The Rotterdam Convention was adopted on 10 September
assist governments in combating major oil pollution incidents. 1998 by a Conference of Plenipotentiaries in Rotterdam,
The OPRC Convention calls for the establishment of oil The Netherlands. The Convention establishes the principle
spill emergency plans to be developed for all ships, ports, that export of a chemical covered by the Rotterdam Con-
and oil handling facilities. The OPRC Convention also es- vention can only take place with the prior informed consent
tablished a framework for international cooperation in re- (PIC) of the importing party. PIC serves as a means for
sponding to pollution emergencies in order that resources formally obtaining and disseminating the decisions of im-
are mobilized as quickly as possible; this includes a require- porting States as to whether they wish to receive future
ment for Parties to the convention to provide assistance to shipments of specified chemicals and for ensuring compli-
others in the event of a pollution emergency. A Protocol on ance with these decisions by exporting States. The Con-
Preparedness, Response and Cooperation to Pollution Inci- vention also contains provisions for the exchange of infor-
dents by Hazardous and Noxious Substances (HNS Proto- mation among Parties about potentially hazardous chemi-
col) provides similar guidelines for HNS marine spills cals that may be exported and imported.
(Heathcote and Nawadra 2004).
The Convention initially covers 22 pesticides (including
The OPRC Convention entered into force on May 13, five severely hazardous pesticide formulations) and 5 in-
1995 and included 73 Parties by August 2003, 14 of which dustrial chemicals, but many more are expected to be added
are SIDS (34%) and 59 of which are non-SIDS (39%). in the future (which will be determined by Parties to the
The HNS Protocol was adopted in March of 2000 and has Convention).
not yet entered into force. As of August 2003, seven states
are Parties to the Protocol, with Malta being the only SIDS
The Convention entered into force on 24 February 2004,
(YBICED 2003).
and currently has 60 Parties, only four of which are SIDS
(10%) versus 56 non-SIDS States (37%) (Rotterdam Con-
Stockholm Convention on Persistent Organic
vention website 2004).
Pollutants (Stockholm Convention)
International Convention for the Control and
The Stockholm Convention is a global treaty to protect hu- Management of Ships Ballast Water and Sediments
man health and the environment from persistent organic (Ballast Water Convention)
pollutants (POPs). The Stockholm Convention requires
Parties to implement measures to reduce or eliminate re- The International Convention for the Control and Manage-
leases from intentional and unintentional production and use ment of Ships Ballast Water and Sediments (Ballast Water
of POPs. Parties are also required to develop an Action Convention) is the most recent convention established to
Plan within two years from the date of entry of this Con- protect the oceans and its marine resources. Invasion by
vention to reduce the total releases of POPs, and to pro- species that may harm human health or the environment is
mote the use of the best available techniques and environ- an increasing problem to which transportation of species in
mental practices for both existing and new sources in ac- ballast water contributes heavily. To help control such inva-
cordance with the Action Plan (Stockholm Convention on sions, the International Convention for the Control and Man-
Persistent Organic Pollutants website n.d.).
agement of Ships Ballast Water and Sediments (Ballast
Water Convention) was adopted in London on 13 February
Fifty States are currently party to the Convention, which 2004 at a meeting of 74 IMO member States and by 18
entered into force on May 17, 2004. Seven SIDS are Par- international NGOs. The convention aims to prevent, mini-
ties to the Stockholm Convention (17%) versus 43 non-SIDS mize and ultimately eliminate the transfer of harmful aquatic
Parties (27%).
organisms and pathogens through the control and manage-
ment of ships' ballast water and sediments. The Conven-
tion will enter into force 12 months after ratification by 30
States, representing 35% of the world merchant shipping
tonnage (Article 18, IMO 2004).
14

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The IMO, GEF and UNDP, as well as member govern- required of developed States in support of developing States.
ments and the shipping industry, developed a programme Article 20 stipulates that "developed country Parties shall
titled "Removal of Barriers to the Effective Implementation provide new and additional financial resources to enable
of Ballast Water Control and Management Measures in developing country Parties to meet the agreed full incre-
Developing Countries" (or simply Global Ballast Water mental costs to them of implementing" the treaty, a com-
Management Programme, or Globallast), to assist less-in- mitment considered by some to be weaker than that sought
dustrialized countries in tackling ballast water problems. This by developing nations. Article 21 mandates establishing a
program assists developing countries in implementing ef- mechanism for distributing financial aid to developing States,
fective measures to control the introduction of foreign ma- but similarly does not suggest a mandatory funding level.
rine species through a set of six demonstration sites, which
are intended to represent the six main developing regions of
The Jakarta Mandate is a program of action for imple-
the world: Africa, Asia/Pacific, South Asia, Eastern Europe,
menting the CBD with respect to conservation and sustain-
the Kuwait region and the Red Sea, and South America able use of marine and coastal biodiversity. The program
(IMO 2004). No archipelagic region has yet been included was adopted in 1995 and a formal program of work was
in the list of demonstration sites.
later adopted in 1998, focusing on integrated marine and
coastal area management, the sustainable use of living re-
As of October 2004, no State had yet ratified the Ballast sources, protected areas, mariculture and alien species (CBD
Water Convention.
website n.d.).
Each government that joins the Convention is required to
MARINE/COASTAL ENVIRONMENT
report on what it has done to implement the accord, and
AND BIODIVERSITY
how effective this is in meeting the objectives of the Con-
vention. These reports are submitted to the Conference of
A number of global MEAs deal with biodiversity although the Parties (COP)-- the governing body that brings together
few binding agreements deal specifically with marine and all States that have ratified the Convention-- and are public
coastal biodiversity. Discussed below are the Convention in nature. The Convention secretariat works with national
on Biological Diversity and its associated Cartagena Proto- governments on reporting issues and on the derivation of
col on Biosafety, the Convention on International Trade in indicators to monitor progress associated with the
Endangered Species, the Ramsar Convention, the Bonn Convention's implementation. The CBD entered into force
Convention, and the United Nations Convention to Combat December 29, 1993. Currently, 188 States are party to the
Desertification.
CBD, including all 41 SIDS (100% of SIDS versus 98% of
non-SIDS).
Convention on Biological Diversity (CBD)
The CBD has recently been focusing on the protection
The Convention on Biological Diversity (CBD), commonly and management of oceans as well as on SIDS. The last
referred to as the Biodiversity Treaty, was one of two ma- COP-7 agreed on investing additional effort towards the
jor treaties opened for signature at the United Nations Con- management of the SIDS' natural resources by providing
ference on Environment and Development (UNCED) in practical support on national and regional implementation.
1992. The treaty defines biodiversity as "the variability As a consequence, the CBD technical groups are expected
among living organisms from all sources including, inter alia, to provide support to integrated management of coastal and
terrestrial, marine and other aquatic ecosystems and the marine resources, the development of national ocean poli-
ecological complexes of which they are part; this includes cies, and the development of Island Biodiversity Plans in
diversity within species, between species and of ecosys- SIDS. By decision of the COP7 (Decision VII/31, of the
tems." Parties to the CBD "affirm sovereign rights over COP7), an Ad Hoc Group on island biodiversity was cre-
the biological resources found within their States, while ac- ated, which is expected to develop a preparatory process
cepting responsibility for conserving biological diversity and on island biodiversity, as well as follow up on the Mauritius
using biological resources in a sustainable manner," according International Meeting outcomes.
to an IUCN--The World Conservation Union assessment
of the treaty (CIESIN n.d).
Cartagena Protocol on Biosafety
The CBD, in its article on objectives, commits Parties to The Conference of the Parties of the CBD adopted a supple-
"fair and equitable sharing of the benefits arising out of the mentary agreement to the CBD known as the Cartagena
utilization of genetic resources." Another major issue ad- Protocol on Biosafety on January 29, 2000. The Protocol
dressed by the treaty is the level of financial commitment seeks to protect biological diversity from the potential risks
15

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posed by living modified organisms resulting from modern
The BPoA specifically calls for nations to ratify and imple-
biotechnology. It establishes an advance informed agree- ment CITES, as well as to make greater use of import re-
ment (AIA) procedure for ensuring that States are pro- strictions under CITES on products from endangered spe-
vided with the information necessary to make informed de- cies endemic to small island developing States.
cisions before agreeing to the import of such organisms into
their territory. The Protocol contains reference to a precau-
Presently, 164 States are Parties to the CITES treaty, 25
tionary approach and reaffirms the precaution language in of which are SIDS (61% of SIDS versus 93% of non-SIDS
Principle 15 of the Rio Declaration on Environment and States (CITES 2004).
Development. The Protocol also establishes a Biosafety
Clearing-House to facilitate the exchange of information on Convention on Wetlands of International Importance
living modified organisms and to assist States in the imple- especially as Waterfowl Habitat
mentation of the Protocol (Cartagena Protocol on Biosafety, (The Ramsar Convention)
n.d.). Eighty-seven (87) States are Parties to the Cartagena
Protocol, 19 of which are SIDS (46%) and 68 of which are The Convention on Wetlands is an intergovernmental treaty
non-SIDS (45%) (Convention on Biological Diversity website adopted on February 2, 1971 in the Iranian city of Ramsar, on
2004).
the southern shore of the Caspian Sea. Thus, this Convention
has come to be known popularly as the "Ramsar Conven-
Convention on International Trade of Endangered
tion." More than 1310 wetlands have been designated for
Species of Flora and Fauna
inclusion in the List of Wetlands of International Importance,
(CITES)
covering some 120.4 million hectares.
The treaty includes four main commitments that Parties
The Convention on International Trade of Endangered Spe- have agreed to by joining, including: 1) Designate at least one
cies of Flora and Fauna (CITES) was adopted in March wetland for inclusion on the "List of Wetlands of Interna-
1973 and entered into force on July 1, 1975. The aim of tional Importance"; 2) Include wetland conservation consid-
CITES is to ensure that international trade in specimens of erations in national land-use planning; 3) Establish nature re-
wild animals and plants does not threaten their survival. serves in wetlands; and 4) Participate in international coop-
CITES works by subjecting international trade in specimens erative efforts, including consultation with other Parties to
of selected species to certain controls. These require that the Convention, especially in regard to transfrontier wetlands,
all import, export, re-export and introduction from the sea shared water systems, and shared species. Parties are re-
of species covered by the Convention must be authorized quired to submit triennial national reports on progress achieved
through a licensing system (`Re-export' means export of a under the Convention, which become part of the public record
specimen that was imported).
(Ramsar Convention n.d.).
The species covered by CITES are listed in three Ap-
The Ramsar Convention entered into force in 1975 and as
pendices, according to the degree of protection they need: of September 2003 has 138 Contracting Parties, 17 of which
Appendix I includes species threatened with extinction. Trade are SIDS (39% of SIDS versus 81% of non-SIDS States.
in specimens of these species is permitted only in excep- Perhaps this low participation by SIDS is due to a lack of
tional circumstances. Appendix II includes species not nec- wetlands on certain SIDS, particularly those formed from
essarily threatened with extinction, but in which trade must coral atolls.
be controlled in order to avoid utilization incompatible with
their survival. Appendix III contains species that are pro- Convention on the Conservation of Migratory Species
tected in at least one country, which has asked other CITES of Wild Animals (Bonn Convention)
Parties for assistance in controlling the trade.
The Convention on the Conservation of Migratory Species
Each Party to the Convention must designate one or more of Wild Animals (Bonn Convention) was adopted in 1979 in
Management Authorities in charge of administering the li- Bonn, Germany and entered into force on November 1, 1983.
censing system and one or more Scientific Authorities to
advise them on the effects of trade on the status of the
Member Parties work together to conserve migratory spe-
species. A specimen of a CITES-listed species may be cies and their habitats by providing strict protection for en-
imported into or exported (or re-exported) from a State party dangered migratory species (listed in Appendix 1 of the Con-
to the Convention only if the appropriate document has been vention), concluding multilateral Agreements for the con-
obtained and presented for clearance at the port of entry or servation and management of migratory species which re-
exit.
quire or would benefit from international cooperation (listed
in Appendix 2), and by undertaking cooperative research
activities.
16

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Although the Convention has 85 country Parties, only 3 serts the need for improving adaptive capacity of SIDS to
SIDS are Parties to the Convention, that is, Cyprus, Malta, climate change through information and technology ex-
and Sao Tome & Principe (7% of SIDS versus 55% of change.
non-SIDS). Jamaica has signed the Convention but has not
yet ratified it (UNEP 2004).
United Nations Framework Convention on Climate
Change (UNFCCC)
United Nations Convention to Combat Desertification
(UNCCD)
The United Nations Framework Convention on Climate
Change (UNFCCC) sets an overall framework for inter-
The international community has long recognized that de- governmental efforts to address climate change. It estab-
sertification is a major economic, social and environmental lishes an objective and principles and spells out commit-
problem of concern to many States in all regions of the ments for different groups of States according to their cir-
world. Desertification is the degradation of land in arid, semi- cumstances and needs. It also provides a set of institutions
arid, and dry sub-humid areas. It is caused primarily by hu- to enable governments to monitor efforts to implement the
man activities and climatic variations. Desertification does Convention and to share insights on how best to pursue the
not refer to the expansion of existing deserts. It occurs be- goals of the Convention.
cause dryland ecosystems such as those found on many
SIDS, are extremely vulnerable to over-exploitation and in-
The Convention divides States into three main groups ac-
appropriate land use, such as deforestation, overgrazing, or cording to differing commitments:
bad irrigation practices (United Nations Convention to Com-
bat Desertification n.d.).
Annex I Parties include the industrialized States that were
members of the OECD (Organisation for Economic Co-
The question of how to tackle desertification was a ma- operation and Development) in 1992, plus States with econo-
jor concern for the United Nations Conference on Environ- mies in transition (the EIT Parties), including the Russian
ment and Development (UNCED), which called on the Federation, the Baltic States, and several Central and East-
United Nations General Assembly to establish an Intergov- ern European States. A requirement that affects only An-
ernmental Negotiating Committee to prepare, by June 1994, nex I Parties is that they must adopt climate change policies
a Convention to Combat Desertification, particularly in Af- and measures with the aim of reducing their greenhouse
rica (United Nations Convention to Combat Desertification gas emissions to 1990 levels by the year 2000.
n.d). The United Nations Convention to Combat Desertifi-
cation (UNCCD) was adopted in Paris on 17 June 1994
Annex II Parties consist of the OECD members of An-
and opened for signature there on 14-15 October 1994. It nex I, but not the EIT Parties. They are required to provide
entered into force on 26 December 1996, 90 days after the financial resources to enable developing States to under-
fiftieth ratification was received.
take emissions reduction activities under the Convention and
to help them adapt to adverse effects of climate change. In
The CCD has universal participation, both globally and addition, they have to "take all practicable steps" to pro-
among SIDS. All 191 United Nations Member States are mote the development and transfer of environmentally
Parties to the CCD, as are all 41 SIDS.
friendly technologies to EIT Parties and developing States.
Non-Annex I Parties, as they are termed for ease of
CLIMATE CHANGE
reference, are mostly developing States. Certain groups of
developing States are recognized by the Convention as be-
SIDS have actively participated in international negotiations ing specially vulnerable to the adverse impacts of climate
related to climate change, particularly due to their vulner- change, including States with low-lying coastal areas and
ability to sea level rise and other natural disasters. The those prone to desertification and drought. Others (such as
primary environmental agreements directly addressing cli- States that rely heavily on income from fossil fuel produc-
mate change are the United Nations Framework Conven- tion and commerce) feel more vulnerable to the potential
tion on Climate Change (UNFCCC) and its associated economic impacts of climate change response measures.
Kyoto Protocol. The Jakarta Mandate urges the UNFCCC The Convention emphasizes activities that promise to an-
to examine the impacts of climate change on marine and swer the special needs and concerns of these vulnerable
coastal resources, especially given evidence that climate States, such as investment, insurance and technology-trans-
change is the primary cause of coral reef bleaching. In fer. The 48 States classified as least developed States (LDCs)
addition to advocating the ratification or accession of the by the United Nations are given special consideration under
Kyoto Protocol, the Barbados Programme of Action as- the Convention on account of their limited capacity to re-
spond to climate change and adapt to its adverse effects.
17

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All Parties to the Convention ­ those States that have at 93%, which is not surprising given that some of the na-
ratified, accepted, approved, or acceded to it ­ are subject tions most susceptible to climate change (i.e., the most low-
tion should allow for more efficient allocation of financial lying nations), including Tuvalu, are in the Pacific region.
and to general commitments to respond to climate change.
They agree to compile an inventory of their greenhouse gas
emissions, and submit reports ­ known as national commu- TOURISM
nications ­ on actions they are taking to implement the Con-
vention (UNFCCC 2003).
It should be noted that no global MEAs are specifically dedi-
cated to tourism, and the issue is rarely addressed within
As of February 2004, the UNFCC had 188 Parties, in- broader MEAs. SIDS are especially dependent on tourism,
cluding all 41 SIDS (UNFCCC 2004).
which comprises a major component of most SIDS nations'
gross domestic products (GDPs) and employment sectors.
Kyoto Protocol to the United Nations Framework
In the Caribbean, for example, tourism accounts for 20 per-
Convention on Climate Change (Kyoto Protocol)
cent or more of the gross domestic product of some States
in the region (Miller 1996). The 1994 Barbados Programme
The Kyoto Protocol to the United Nations Framework Con- of Action for the Sustainable Development of Small Island
vention on Climate Change (Kyoto Protocol) supplements Developing States is the primary environmental initiative
and strengthens the UNFCCC. Only Parties to the that addresses tourism, stressing the need for measures that
UNFCCC can become Parties to the Protocol. The Proto- include environmental impact assessment of tourism activi-
col is founded on the same principles as the Convention and ties, incorporation of tourism into integrated coastal man-
shares its ultimate objective, as well as the way it groups agement activities, and protection of the cultural integrity of
States into Annex I, Annex II and non-Annex I Parties.
SIDS in the face of tourism development.
Central to the Protocol are its legally binding emissions
targets for Annex I Parties. Generally, Parties must reduce 6. Constraints in Implementing Multilateral
or limit their emissions relative to their 1990 levels (the base Environmental Agreements
year). Parties may offset their emissions by increasing the
amount of greenhouse gases removed from the atmosphere The same factors that increase the need for SIDS to par-
by carbon sinks in the land use, land-use change and for- ticipate in international agreements, including small popula-
estry sectors. However, only certain activities that remove tions and limited capacity, also increase the difficulty in
greenhouse gases are eligible and these are subject to de- implementation of these agreements. According to recent
fined rules.
discussions among Pacific Island States and Territories,
implementation of multilateral environmental agreements is
Emissions targets must be achieved as an average over constrained by several factors, primarily at the national level
the first commitment period of 2008-2012. However, in or- but also at the regional and international levels (Wilkinson
der to show early action, Parties must have already made 2003). Additional studies have been conducted for the Car-
`demonstrable progress' towards meeting their commitments ibbean region, including a 2000 study on MEA implementa-
under the Kyoto Protocol by 2005, and must submit a tion in the Caribbean (Anderson 2000). Constraints in the
progress report on this matter by 1 January 2006. The Pro- implementation of international environmental agreements
tocol does not specify what form these should take but leaves identified for the national level for the Pacific and the Car-
such decisions to national governments (UNFCCC 2003).
ibbean include the following:
Before the Protocol can enter into force, however, at
· Lack of technical capacity, particularly with respect
least 55 Parties to the Convention need to ratify (or ap-
to the legal and scientific technical language contained
prove, accept, or accede to) the Protocol, including a suffi-
in many environmental agreements
cient number of Annex I Parties to encompass 55 percent
of that group's carbon dioxide emissions in1990. Currently,
· Lack of time and human resources to implement en-
126 States are party to the Protocol; 28 of these are SIDS,
vironmental agreements
and 33 are Annex I parties, which are responsible for 44.2%
of the global CO2 emissions (UNFCCC 2004). Although
· Lack of financial capacity, both to send high level staff
100% of SIDS have ratified the UNFCCC, only 68% have
to environmental agreement negotiations and, subse-
ratified the Kyoto Protocol. Non-SIDS ratification of the
quently, to implement environmental agreements
UNFCCC and Kyoto Protocol are 98% and 61%, respec-
tively. It should be noted that the Pacific Island nations
· Perceived disjointedness between economic develop-
have a very high proportion of Kyoto Protocol ratification
ment and environmental concerns along with an em-
18

---

phasis at the national level on economic development
duce the reporting burden on SIDS. Also, for certain inter-
national agreements, national representation at international
· Weak enforcement mechanisms and government in-
conferences could be relegated to the regional level to re-
frastructure
duce time and money spent traveling.
· Non-compliance with the law, even when laws are in
place
7. Instruments Provided by International
Agreements to Achieve Environmental
· Weak monitoring frameworks, lack of baseline data,
Sustainability within SIDS
and lack of standardized set of indicators by which to
measure implementation of environmental agreements
MEAs provide mechanisms and procedures for negotiating
Regional and international constraints include the follow- necessary rules and standards, settling disputes, and super-
ing:
vising implementation and compliance with treaties and cus-
tomary rules. They facilitate and promote cooperation among
· Lack of coordination among environmental agreement
states, international organizations, and constitute the pro-
secretariats
cess of international environmental governance, international
law-making and regulation.
· Lack of regional standardized surveying and monitor-
ing
MEAs also provide several specific instruments and
mechanisms that facilitate implementation within SIDS and
· Lack of a standardized format for environmental
other developing nations. As shown in Table 3, twelve cat-
agreement reports.
egories of instruments within MEAs were identified: coop-
eration among nations at large, technical and scientific co-
To achieve more effective implementation of environ- operation, transfer of technology, exchange of information,
mental agreements, the following actions are recommended access to the natural resources under the agreements, ca-
by the International Marine Project Activities Centre final pacity building, financial assistance, and special conditions
report on strengthening implementation of MEAs in Pacific to assist developing nations in their implementation. In addi-
Islands and Territories:
tion some of these agreements have special bodies to imple-
ment the agreements, as well as mechanisms for dispute
· Establish or strengthen institutions for research, data
resolution (e.g., International Tribunal for the Law of the
compilation, and monitoring at the national level
Sea, and the International Court of Justice).
· Mobilize financial resources to effectively implement
Appendix C identifies the major instruments provided by
international environmental agreements
the binding MEAs discussed in this paper, which may sup-
port SIDS in the implementation of their goals as well as
· Raise levels of awareness about international envi-
BPoA goals.
ronmental agreements through education in addition
to establishment of an information bank, such as a
Of the MEAs addressed in this paper, the UNFCCC and
centralized website to disseminate information to all
its associated Kyoto Protocol most extensively address prob-
stakeholders
lems concerning developing nations and SIDS in particular,
due to the seriousness of the effects of climate change and
· Where necessary, establish or strengthen a National
sea-level rise on these nations. These MEAs provide not
Coordination Mechanism for Sustainable Development
only mechanisms for exchange of information and technol-
to integrate economic, social, and economic sectors
ogy, but also complex financial mechanisms for implemen-
· Establish or strengthen national baseline data related
tation. The Kyoto Protocol is not yet in force due to lack of
to international agreement implementation, which
ratification by major producers of greenhouse gas emission
would support compliance and information sharing
nations, such as the USA and Australia. However, it is fun-
among Parties.
damental for SIDS to ratify the Protocol in order to be eli-
gible for future assistance. Within this context, UNFCC and
Additional measures that would reduce MEA implemen- Kyoto protocol working groups and scientific bodies are an
tation burdens on SIDS were outlined in the Co-chairs' important source of scientific and technological informa-
Report from the 2001 Global Conference on Oceans, Coasts tion, as well as of support on the development of integrated
and Islands (Bernal et al. 2002). The report called for de- coastal zone plans and preparedness for adaptation on cli-
velopment of joint reporting mechanisms for MEAs to re- mate change.
19

---

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20

---

Both UNCLOS and the most recent international envi- ties while 89% of non-SIDS States are Parties to the con-
ronmental agreements fully recognize the importance of vention) and CITES (61% of SIDS are Parties to CITES
developing nations, in particular SIDS, within the environ- compared to 93% of non-SIDS States). The London Con-
mental context, as well as the constraints on the implemen- vention is not extensively ratified among SIDS or globally,
tation of these agreements. Therefore, they include special with ratification at 46% of SIDS and 41% of non-SIDS
provisions to assist developing nations on its implementa- States.
tion.
Regionally, each group of States exhibits similar levels of
Some of the objectives and instruments in several con- participation in environmental agreements. With respect to
ventions overlap, which offers the opportunity for achieving ratification of or participation in the 19 agreements discussed
potential synergies when these conventions are imple- in this paper, AIMS nations have ratified about 50%, of
mented. Such is the case with CBD, UNFCC, UNCLOS agreements, the Pacific Island nations have ratified about
and Kyoto Protocol. Integration of the existing assistance 45%, and the Caribbean region is somewhat higher with
mechanisms for the implementation of the CBD, UNFCCC, about 57%. Within the AIMS region, Mauritius shows the
Kyoto Protocol, and UNCLOS, would allow SIDS to:
highest level of ratification; it is a party to 70% of the se-
lected MEAs. Within the Pacific region, Marshall Islands
· comprehensively develop integrated management
and Papua New Guinea each exhibit 70% ratification as
plans of coastal and marines resources as well as to
well. Trinidad and Tobago leads the Caribbean with 74%
adapt to climate-change and sea level rise; and
of MEAs ratified and Bahamas, Barbados, Jamaica, and
St. Lucia at 70% ratification.
· maximize the use of the available human and finan-
cial resources, as well as avoid overlapping and dupli-
On the whole, SIDS have shown high levels of ratifica-
cation of efforts.
tion of many international environmental agreements, but
face serious constraints in fulfilling their convention com-
mitments. The funding and assistance provisions within the
8. Conclusions
conventions themselves have not proven adequate to assist
SIDS to fully implement the initiatives. As called for in
SIDS rely heavily on their environmental resources, which, Agenda 21, additional funding, technical support, and ca-
due to land scarcity, are generally concentrated in coastal pacity building are needed from the international commu-
and ocean areas. As SIDS develop, environmental resources nity to assist SIDS in achieving full implementation of
are placed under increasing pressure due to expansion of MEAs. Assistance is particularly needed in nations with
existing coastal uses and emergence of new uses. Certain low participation in MEAs, such as Bahrain, Guinea-Bissau,
environmental dilemmas, such as climate change, sea level Singapore, Sao Tome & Principe, Cook Islands, Federated
rise, depletion of fish stocks, and marine pollution, must be States of Micronesia, Kiribati, Niue, and Haiti (each with
dealt with at both global and regional scales and therefore 20-35% participation in MEAs).
require the harmonious and equitable participation of all na-
tions through MEAs.
The full implementation of international environmental
agreements is one of the major goals of the BPoA (BPoA,
The 1994 BPoA is the primary initiative that addresses Paragraph 26 A.IV), as these sections of the BPoA recog-
environmental issues as a whole in SIDS, by setting the nize sustainable management of resources as the funda-
agenda within the framework of sustainable development. mental basis for economic and sustainable development.
Both the BPoA and Agenda 21 encourage ratification and
implementation of a number of MEAs; development of strat-
Both UNCLOS and the most recent MEAs fully recog-
egies and implementation plans for those MEAs are also nize the importance of developing nations, namely SIDS,
encouraged.
within the global environmental context, as well as the con-
straints these countries face in the implementation of MEAs.
As noted in Section 2, the BPoA specifically calls for the Therefore, the most recent agreements have developed
ratification and implementation of several MEAs, including special provisions to assist developing nations on implemen-
the Basel Convention, the London Convention, the Conven- tation.
tion on Biological Diversity (CBD), CITES and "other rel-
evant international and regional conventions." The good
The MEA instruments discussed within this paper are
news is that every SIDS nations has ratified the CBD. based on international cooperation, which may assist SIDS
However, SIDS exhibit lower than average ratification or with the sustainable planning and management of their re-
accession on the Basel Convention (63% of SIDS are Par- sources, including marine and coastal resources. These in-
21

---

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24

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Appendix A
Sustainable Development of Small Islands,
Agenda 21, Chapter 17, Section G
Basis for action
marine and coastal resources, including meeting essential
human needs, maintaining biodiversity and improving the
17.123. Small island developing States, and islands sup- quality of life for island people;
porting small communities are a special case both for envi- (b) To adopt measures which will enable small island de-
ronment and development. They are ecologically fragile and veloping States to cope effectively, creatively and sustainably
vulnerable. Their small size, limited resources, geographic with environmental change and to mitigate impacts and re-
dispersion and isolation from markets, place them at a dis- duce the threats posed to marine and coastal resources.
advantage economically and prevent economies of scale.
For small island developing States the ocean and coastal
environment is of strategic importance and constitutes a
valuable development resource.
Activities
17.124. Their geographic isolation has resulted in their habi-
tation of a comparatively large number of unique species of A) Management-related activities
flora and fauna, giving them a very high share of global
biodiversity. They also have rich and diverse cultures with 17.128. Small island developing States, with the assistance
special adaptations to island environments and knowledge as appropriate of the international community and on the
of the sound management of island resources.
basis of existing work of national and international organi-
zations, should:
17.125. Small island developing States have all the envi-
ronmental problems and challenges of the coastal zone con- (a) Study the special environmental and developmental
centrated in a limited land area. They are considered ex- characteristics of small islands, producing an environmental
tremely vulnerable to global warming and sealevel rise, with profile and inventory of their natural resources, critical ma-
certain small low-lying islands facing the increasing threat rine habitats and biodiversity;
of the loss of their entire national territories. Most tropical
islands are also now experiencing the more immediate im- (b) Develop techniques for determining and monitoring the
pacts of increasing frequency of cyclones, storms and hur- carrying capacity of small islands under different develop-
ricanes associated with climate change. These are causing ment assumptions and resource constraints;
major set-backs to their socio-economic development.
(c) Prepare medium- and long-term plans for sustainable
17.126. Because small island development options are lim- development that emphasize multiple use of resources, in-
ited, there are special challenges to planning for and imple- tegrate environmental considerations with economic and
menting sustainable development. Small island developing sectoral planning and policies, define measures for main-
States will be constrained in meeting these challenges with- taining cultural and biological diversity and conserve endan-
out the cooperation and assistance of the international com- gered species and critical marine habitats;
munity.
(d) Adapt coastal area management techniques, such as
Objectives
planning, siting and environmental impact assessments, us-
ing Geographical Information Systems (GIS), suitable to the
special characteristics of small islands, taking into account
17.127. States commit themselves to addressing the prob- the traditional and cultural values of indigenous people of
lems of sustainable development of small island developing island States;
States. To this end, it is necessary:
(e) Review the existing institutional arrangements and iden-
(a) To adopt and implement plans and programmes to sup- tify and undertake appropriate institutional reforms essen-
port the sustainable development and utilization of their tial to the effective implementation of sustainable develop-
25

---

ment plans, including intersectoral coordination and com- dress the environmental, social and economic impacts of
munity participation in the planning process;
climate change and sea level rise, and prepare appropriate
contingency plans;
(f) Implement sustainable development plans, including the
review and modification of existing unsustainable policies (h) Promote environmentally sound technology for sustain-
and practices;
able development within small island developing States and
identify technologies that should be excluded because of
(g) Based on precautionary and anticipatory approaches, their threats to essential island ecosystems.
design and implement rational response strategies to ad-
26

---

ANGE
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ecies, alien
ent, w
protection and
e
ASTAL
unde
is Convention with
c
ular part of
o (Part XII,
e establishm
(ii) m
h
prevent, re
h
onm
ve econom
in the
t
h
(Part V, Article 56)
NMENT AND
ficant and
e
nt resulting from
ogies
(i) t
e
nt
a parti

theret
clusi
NE/CO
ry to
pollution of t
gni
x
RO
rol
ronm
to

rd to:
rvation of the m
of artificial islands, installations
ronm
technol
arine envir
96)
MARI
ENVI
BIODIVERSITY
States shall take all
necessa
cont
envi
of
jurisdiction or cont
intentional or accidental
introduction of sp
new,
m
cause si
changes
1

In the e
coastal State has...jurisdiction as
provided for
provisions of
rega
use
and structures;
research; (iii) t
prese
envi

r

ed
of
duce,
the
fa
ral

PING
om
sum

a
rine
I,
as
a
rine
be
or effects
XI
gene
ent fr
r
e,
ecial
p
a
nner
DUM
petent
uld
alyze, by
art
at are
lution of
deavor, as
directly, or
a
s
u
n
entific
sks
P
tions
r s
and
m
objectives
prevent, re
onm
n
ri
with respect to
a
d
AN
on the m
n
n
n th
l pol
com
me
d a
ntion (Part XII,
o
e,
n
ent (
unde
ent sho
tio
ry to
, the
en
urce... (Part XII,
nm
contr
s
o
s
e
r
v
ronm
rvation of the m
ro
Conve
nv
a
rine envir
ob
e
thods
nciples a
MARINE POLLUTION
AND OCE
States shall take...all
measures consistent with the
Co
necessa
and
m
any
Article 194)

States shall e
as practicable,
through the
international organizations,
to
evaluate a
recognized sci
m
of pollution
envi
Article 204)

Specific obliga
by States
conventions,
the protection
prese
envi
carried out i
consistent with the
pri
this
Article 237)

ic
e
,

th
ic

rt V
ources
ent]
t
n
astal
o
res
of
the
e
nts of
te shall
ities and
n
AND
allowable
a
intain or
u
m
t
es...(Pa
all also be
ecies at levels
oduce
re
e living
p
pr
h
usive econom
h [managem
s
h
sustainable yield,
n
ental and econom
cluding the
mm
n
qui
ng Sta
RIES
m
astal Sta
ine the
u
ic needs of c
co
o
Suc
ca
h
opi
UACULTURE
.
ronm
ing
a
xim
qualified by releva
FISHE
AQ
The c
determ
catch of t
in its excl
zone
measures
designed to m
restore populations
harvested s
whic
m
as
envi
factors, i
econom
fish
special re
devel
Article 61)

ithin the Major Multilateral Environmental Agreements
w

elf of

le to
ic zone
ERNANCE
tal sh
the
is
licab
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
en
tory (Part
O
determined in
t
h
onom
tin

G
n app
ve ec
nce with
tio
e con
en
r land terri
d th
nv
The territorial sea, the
contiguous zone, the
exclusi
an
the island are
accorda
provisions of
Co
othe
VIII, Article 121)
s


n
on o
Nation
OS)
nti
nve
w of the Sea
NCL
MEA OCEANS
United
Co
La
(U
27

---

ANGE
CLIMATE
CH


cle

biodiversity in
ent (Arti
ASTAL
NMENT AND
NE/CO
RO
a
rine environm
)
MARI
ENVI
BIODIVERSITY

[States shall] protect
the m
5g
PING
nt
ndoned
d non-
mize
pacts on
a
n
DUM
5f)
sh
d im
or aba
non-target
n
AN
st
o
ecies a
p
MARINE POLLUTION
AND OCE
[States shall] mini
pollution, waste, discards,
catch by l
gear, catch of
species, both fi
fish s
associated or depende
species (Article



ks
o
or
and
stoc
seas
with the
h
onal
e


ent
gional
nizations
rate to
g
regi
r
s
u
es
AND
and States
relation t

stocks
h
ri
istin
the high
n, pu
ex
a
nagem
IES
i
gratory fis
ent orga
R
tio
en
en
directly or through
th
gional and
ries m
UACULTURE
nv
onal fishe
a
nagem
FISHE
AQ

Coastal States
fishing on
shall, in accordance
Co
cooperation in
straddling fis
highly m
either
appropriate subre
regi
m
(Article 8.1)

States shall coope
streng
subre
fishe

ithin the Major Multilateral Environmental Agreements
rol

w
ont
1)
1.

veloped

Seabed
view to
resources
ERNANCE
e
e
and c
h
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
e
c
tion
erests to be
with large
ates which are
,
island
ast de
O
niz
S
r

(
d
o

G
Area
ked
ntage
ority...
ecial int
h
inistering t
p
-loc
va
the
The International
Aut
shall...orga
activities in the Area,
particularly with a
adm
of
The s
represented shall include
those of States
populations, St
land
geographically
disad
States... and le
States (Section 3.15)




s


n
h
n
ment
e
and

the
of the
o
I
on o
ks
y Fis
t
nag
dling
or
ment
g
t

X
Nation
nti
ad
at
ment)
nve
w of the Sea
d Ma
n
Str
MEA OCEANS
Agree
relatin
Implementation
of Par
United
Co
La
Conservatio
a
of
Fish Stoc
Highly
Migr
Stocks (1995 Fish
Stocks
Agree
28

---

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CH


ASTAL
NMENT AND
NE/CO
RO
MARI
ENVI
BIODIVERSITY
PING
DUM
AN
MARINE POLLUTION
AND OCE



d

y
and
ks
n
well
ch
to fly
a
to
ness
ks
n
vation
stoc
rticle
s
easures
h
ents of
and
as
d to avoi
e su
that
ge i
ines the

der
ser
rs,
d
or
international
n
ffective
and
nee
all-scale and
sure
d
easure
AND
t
es, in
t
es,
t
es (A
a
ent m
by,
people in
n
enga
r e
g
quirem
m
all tak
n
pacts on,
ss
heries and
may be
n an
ents in
hworke
i
gratory fis
ng Sta
r
...the
nous
ng Sta
ng Sta
ent m
RIES
enting con
ry to e
do not
atio
a
nagem
ddling fish stoc
ecial re
opi
en fis
opi
opi

Party sh
UACULTURE
nizations
ngem
p
rse im
ure acce
ga
prove thei
plem
nserv
a
nagem
FISHE
AQ
or
arra
im
in establishi
im
and m
for stra
highly m
(Article 13)

States shall take into account
the s
devel
particula
adve
ens
subsistence, s
artisanal fis
wom
as indige
devel
particularly small island
devel
24.2.b)

Each
measures as
necessa
fishing vessels entitled
its flag
activity that underm
effectiveness of
co
m

ithin the Major Multilateral Environmental Agreements
w
ERNANCE
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
O

G



h
nt
s
as
e
S
me
n
e wit
ement
c
n
onal
nag
lia
mp
o
d Ma
n
MEA OCEANS
1993 Agree
to Promote
C
Internati
Conservatio
a
Measures by
Fishing Vessel
on the High
29

---

ANGE
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CH

s,



e
r
stem
, reefs,
f
fort
c
h
th
from
quatic
ing
u
aquatic
osy
and
o
fishery
e

rve
bitats in
ec
awn
and
h
possible and
ulting
a
ngroves
rticular e
otect s
n,
d sp
8)
pr
tio
y of t
6.
protected
ASTAL
sh water
llu
ry. Pa
pacts res
ould conse
a
de to
destruction,
h
r
s
ery an
NMENT AND
users of living a
s (Article 6.1)
n, po
nu
nt im
NE/CO
and fre
wetlands, m
RO
necessa
be m
atio
ns,
d
h as
re
an activities that threaten the
a
rine
oo
e
grad
MARI
ENVI
BIODIVERSITY
States and
resources s
ecosystem

All critical fisheries ha
m
suc
lag
areas, should be
rehabilitated as far as
whe
shoul
habitats from
d
significa
hum
health and viabilit
resources (Article


s

d
n
n
PING
latio
DUM
troduce a
n
d regu
POL 73/78

AN
d i
1)
MAR
7.
rce laws an
d on
fo
rticle 8.
MARINE POLLUTION
AND OCE
States shoul
en
base
(A


g

uatic
e
ock
d
at an
a
q
States
cal
protect
ources
n
e
mized
h
h
o
ncin
the
scientific
der
i
ni
ent, taking
incom
nha
at res
ities through
rve
h
cial structures
sure t
AND
pply a
ervation,
living
onsi
cluding
ote
n
n
r
e m
develop
d e
d a
ns
o
the best
d c
om
ponsible a
d
d e
pacts on t
an
ent and
vironm
sed fisheries, as a
n
pr
In doing so,
sure t
ent and on l
RIES
n
-ba
of artifi
utionary approach
unities a
and prese
ulture, i
d e
lations
UACULTURE
oitation of
diet.
used res
rse im
ronm
u
a
nagem
5)
eans to
p
FISHE
AQ
(Article 3)
States shoul
preca
widely to c
m
expl
resources in order to
them
aquatic e
account of
evidence available (Article
6.

States shoul
aquac
culture
m
diversification of
and
shoul
are
adve
envi
comm
(Article 6.19)

States shoul
policies for increasing st
po
fishing opportun
the use
(Article 8.11.1)

States shoul

ithin the Major Multilateral Environmental Agreements
w
at

ble
h
r
e
)

1
waters
ponsi
1.
ERNANCE
sure t
are
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
n
e
rations
res
O
p
e
m
a
d e
o
h
n

G
g
operations a
rticle 8.
A
(
fishin
r their jurisdiction and
a
nner
States shoul
only
allowed by t
conducted within
unde
that these
carried out i
m

of
t for
Code
onsible
MEA OCEANS
FAO
Conduc
Resp
Fisheries
30

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CH

ASTAL
NMENT AND
NE/CO
RO
MARI
ENVI
BIODIVERSITY
PING
DUM
AN
MARINE POLLUTION
AND OCE
is
ng
of

taki
,
natural
s and the
needs
icy, legal and
eve the
AND
d integrated
e fragility of
e
m
h
unities (Article
c
hi
n
ources
d the
re of their
n
u
RIES
ble a
the res
UACULTURE
FISHE
AQ
appropriate pol
institutional framework
adopted to a
sustaina
use of
into account t
coastal ecosyst
finite nat
resources a
coastal comm
10.1.1)

ithin the Major Multilateral Environmental Agreements
w
ERNANCE
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
O

G
MEA OCEANS
31

---

ANGE
CLIMATE
CH



e
ntally
ent of


of
r wastes
m

u
ronm
ent
m
a
nagem
nducted in a
tect human
o
r
o
ovem
ASTAL
d is c
a
ll...ensure that the
m
will p
stes and othe
cient m
n
h
ry
ich
NMENT AND

wa
nda
d effi
NE/CO
u
n
RO
Party s
bo
e
r wh
h wastes, a
n
MARI
ENVI
BIODIVERSITY
Each
t
rans
hazardous
is reduced to the mini
consistent with the envi
sound a
suc
man
e

h

PING
nt
ve
ved in t
wastes
DUM
hazardous
pre
hazardous
a
ll...ensure
t
o
t
o
her
AN
s
h
invol
her wastes
ent of
or ot
Party
rsons
MARINE POLLUTION
AND OCE

that pe
managem
wastes
within it take such steps as
are necessary
pollution due
wastes and ot









d
e
,

r
)

on
ale
m
sed
h
u
(g
nd
a
y...
with
uary
ent;
aling
rvati
e
thods
) types
d clo
t
a
xim
s
a
nct
m
m
s
ed;
an
ing
of wh
d
e,
easurem
conse
ions of gea
m
AND
n
son); (f
ission m
d unprotected
clu
es to be taken
and appliances
be u
h returns a
m
n
open

whal
a
y
ratus
RIES
tilizatio
tensity of wh
of
u
s; (c)
m
h
(h) catc
UACULTURE

r statistical and
)
d
d in
e
thods
1)
FISHE
AQ
The Com
[adopt] regulations
respect to the
an
resources, fixing (a)
protected a
species; (b) open and close
season
waters, in
designation of
areas; (d) size limits for each
species; (e) tim
an
(including the
catch of
in any one sea
and specificat
and appa
whic
m
and
othe
biological records (Article
V(

Each


ithin the Major Multilateral Environmental Agreements
r
ing
w
State
s to not
othe

e
long
ERNANCE
t of
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
ng to a
and/or
O
e
asure
stes or
ic

G
wa
f
States b
e expor

o
belongi
Party shall take the
th
w

r
group
Each
appropriate m
allo
hazardous
wastes
o
to an econom
political integration
of
n
of
ary
entio

onal
on for
nv
nd
nt of
g (ICRW)
ous
nti
gulation
ou
ard
te
sel Co
MEA OCEANS
Internati
Conve
the Re
Whalin
Ba
on the Control
Transb
Moveme
Haz
Was
32

---

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CH


n
on
tio
ping
m
vor,

ay
o
en
e
nt (Article
arine

ent against
e prev
ronm
ovem
ven
ts consistent with
ASTAL

for th

envi
r
ea shall endea
pecially by dum
f
fects which m
account characteristic
tion
NMENT AND
such m
d the
ent in a gi
e
n
rse e
features, to enter int
v
NE/CO
n
RO
from
ronm
onal
onal agreemen
d)
is Con
pollution, es
MARI
ENVI
BIODIVERSITY
health a
the adve
result
4.
Contracting Parties with com
interests to protect the m
envi
geographical a
taking into
regi
regi
th
of
(Article 8)




o
o
and

of
rol
of
r
h
nces
s

ont
PING
ent
non-
living
pecially
suc
othe
ent, and
ude
health
ding
llectively
ping of
rm
to
eque
o
a
tter that
r
ovem
DUM
ents or
pollution
rs,
ons
e
gar
d c
r m
te hazards t
to ha
e
nt (Article
m
n
marine life, t
ltilateral, or
stes or
of
e pollution of

dum
,
AN
such
ry
selves es
he
r
ea
h
tion incl
c
cu
u
r
e
e
m
h
enities or to
n
ent and, if
practicable steps
o
ay enter into
g
ents r
wa
nda
u
with Parties or
by the
ate uses of the sea
nve
tion
o
of for human
)
dually a
ote the effective c
a
rine environm
onal a
ngem
bo
an healt
age am
a
nagem
llu
o
2.c
all sources
MARINE POLLUTION
AND OCE
arising from
m
p
minimize the c
there
the environm
4.

Parties m
bilateral, m
regi
arra
t
rans
hazardous
wastes
Parties (Article 11.1)
Contracting Parties shall
indivi
prom
of
the m
pledge them
to take all
to prevent t
the sea
waste and ot
is liable to c
hum
resources and
dam
interfere with othe
legitim
(Article 1)
The C
AND
RIES
UACULTURE
FISHE
AQ



ithin the Major Multilateral Environmental Agreements
w
rties,

g
in
the
p
ERNANCE
have
eir
ports
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
at are Pa
velo
POL,
O
h

t
h
R
de

G
A
r
ly
nization t
ibited by
h
ough M
ga
o
or
particula
countries, which
pr
legislation all im
(Article 4.2.e)

Thr

n
on
other
on o
ond
on)
ping
onal
nti
vention of
(L
nti
nve
nve
MEA OCEANS
Co
the Pre
Marine Pollution
by Dum
Wastes and
Matter
Co
Internati
33

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CLIMATE
CH

ASTAL
NMENT AND
NE/CO
RO
MARI
ENVI
BIODIVERSITY



at


r

r

y


h
h

o
o
b
f

f

f


o
f
f
rom
PING
izing
bot
ution
d t

tion
n o
n o
f
n o
bstances
by Sea
ful

Ships
for
i
nim
Poll
llu
u
S
m
quire
DUM
lations
e
d at
lations
u
of
u
ventio
r
m
ventio
e
wage
ventio
re
m
ships
ution and t
g
g
fro
OPRC
of Po
Harm

Fo
S
Garbage from
AN
r
evention of
ai
om
l
Pre
Carried
e
are
easures
fr
poll
h
I:
ed
by

n
I : Re
II: Re
tro

ag
n
k
V: P
nting and m
x II
x IV: Pre

x VI: Pre
routine operations :
x
x
x
ntion
a
ck
ve
ne
ne
Con
e
ne
P
ne
ne
ve
MARINE POLLUTION
AND OCE
regulations
pre
pollutio
accidental
from
An
the Prevention
by Oil

An
th
Noxious Liquid
in Bul

An
Pollution by
Substances
in

An
Pollutio
Ships

Anne
Pollution by
Ships

An
Air Pollution

Parties to t
con
establish m
AND
RIES
UACULTURE
FISHE
AQ


ithin the Major Multilateral Environmental Agreements
d
d
.
w
e

dere
have
h

il
t
o
em
define
the
onsi
at
h
ERNANCE
"special
th
tified
ecial areas
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
s
r
e c
able to
well-
en
O
i
l
d
s
p
h a
n
ner
o
The 1973

G
y
within t
letely prohibited,
.
n id
b
s
p
nean Sea,
whic

vul
tio
Red Sea and the
o
rge
i
nor a
r
ea as
s
tion
en
fs a
llu
nv
o
IMO designate
areas"
to be
p
discha
been com
with m
exceptions
Co
Mediterra
Black Sea, and the Baltic
Sea, the
Gul


OL

n
on for
onal
on o
nti
vention of
nti
)
78
nve
MEA OCEANS
Conve
the Pre
Pollution from
Ships (MARP
73/
The
Internati
Co
34

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CH

r

al


m
rds
ch
u

ptable
tion
m
o
ent unde
su

ten
i
ni
s
e,
u
or acce
e in
lv
al
rm
ASTAL
vo
n
environm
plicable standa
(Article 3.6)
p
at i
f
no
nes
NMENT AND
y a
pted uses
o the
n
ns o
NE/CO
RO
em
necessary, taking int
x
s
es th
o
itio
urp
nd
MARI
ENVI
BIODIVERSITY
For e
p
release int
co
release shall be to the m
extent
account a
and guideli
e

1)
h

r
is
ent
d.
n are
e
new
h
or
PING
n
othe
report
tio
with t
f

new
bit the
in t
ision
tect
rsistent
tio
en
one
e
o
bursem
xhi
this
r
o
persistent
es for
DUM
llu
nationally or
nv
id
d the
g the
hers
im

p
m
o
n
om
has
gulate
n
use
re
d
n
AN

po
pollution to
h
orities...
e co
h a
re
h
h
e
o
ration with
h
or new industrial
venti
or new industrial
of
t
n is t
ent fr
n a
to prov
a pollution
c
y and prov
r t
sistance provide
ective of
ent sche
g wit
e
n
o
tio
nm
pre
Party that
ired
en
an healt
ro
icals shall take
icals which e
nic pollutants (Article
erg
re regulatory and
of
ductio
ealin
a
de f
nv
o
o
MARINE POLLUTION
AND OCE
d
incidents, either
in co-ope
countries.

Ships are required to
incidents
coastal aut

Parties to
requ
assistance to ot
event of
e
m
m
of any as
The obj
co
hum
envi
organic pollutants (Article

Each
m
assessm
pesticides
chem
measures t
aim
pr
pesticides
chem
characteristics of pe
orga
AND
RIES
UACULTURE
FISHE
AQ


ithin the Major Multilateral Environmental Agreements
w
ERNANCE
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
O

G


,

(the
n
on
, and
on)
on o
dness
ation
nti
olm
nti
onse
nve
nve
MEA OCEANS
Oil Polluti
Prepare
Resp
Cooper
OPRC
Co
Stockh
Co
Persistent
Organic
Pollutants
35

---

ANGE
CLIMATE
CH




of

by a
use
ures
of
the
cle

r
this
at is
o
use
o
ans,
e

h
h
e
pl
out in
o
ced
pact
(Arti
h
pt f
n t
m

ies,
t to t
ecial
ed projects
s caused
ada
g
shall reflect,
n
x III
rty shall...
es set
of protected
s
p
take
diversity
r
iate pro
ry with an
ental i
conditions
e
s for t
m
re
m
releva
ste
rop
ASTAL
is a developing
unt
may propose t
listing of the
m
d sustainable
which
y
to be
t
s propos
o
n
rsity or
rty concerned
measur
whe
in Anne
d
NMENT AND
ng problem
racting Pa
ogra
dive
ntion
nee
ce app
or a c
in transition and t
pr
areas
ent of i
NE/CO
y
existing strate
RO
ont
Party that
rienci
ulation under
ulation
velop national strategies,
or
trodu
pose
1)
easures
MARI
ENVI
BIODIVERSITY
Any
country
econom
expe
severely hazardous pesticide
form
in its territory,
Secretariat the
severely hazardous pesticide
form
6.
Each C

...De
plans
conservation a
biological
pur
or programmes
inter alia, the
this Conve
Contracting Pa
(Article 6a)

...Establish a s
areas or
m
conserve biological
(Article 8a)

...In
requiring environm
assessm
PING
DUM
AN
3)
MARINE POLLUTION
AND OCE
3.



d
d
rve,
n
n
d
ent of
the
e
rty
h
an
the
cal
n
biological
ote their
8j)
bodying
d practices of
of
volvem
courage
AND
to its national
pect, prese
n
novations a
n
ng of t
novations a
a
n
d lo
vatio
n
ri
ng from
n
,
d i
of such
d e
racting Pa
ect
s
er
n
n
us an
sha
RIES
ont
ble use
aintain knowledge,
e
no
unities em
e con
r
application with the
UACULTURE
fits arisi
ig
m
rsity and prom
d
r
th
FISHE
AQ

Each C
shall...subj
legislation, res
and m
innovations
in
com
traditional lifestyles relevant
f
o
sustaina
dive
wide
approval a
the holders
knowledge, i
practices a
equitable
bene
utilization of such
knowledge, i
practices (Article

ithin the Major Multilateral Environmental Agreements
w
ERNANCE
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
O

G




n
d
n

on o
onal
on o

ous
als and
dam
t
nti
nti
c
al
ard
ogi
nve
nve
i
ol
MEA OCEANS
Rotter
Co
Prior Informe
Consen
Procedures for
Certain
Haz
Chemic
Pesticides in
Internati
Trade
Co
B
Diversity
36

---

ANGE
CLIMATE
CH





ent
n
in
the
e
m
o
tha
f
y, or

scope
icle
r
l

by
pl
or
re
e
rt
pe
within
al
nction
d
e
h
(
A
s with
adjacent
Sea
s
u
h

1a)
n
odified
significant
ens of these

respect t
m
ffecte
shall noti
rty shall
biological
include
of the
ay incorporate
tide lying

have
with
le wetland
m
ASTAL
o
on
r
ticle 14.
and obligations of
a
w
in writing, the
prior to t
living
ragraph 1
astal zones
ned with exti
a
y be a

specim
A
export
at
o
n
r L
xporter to e
h
port
itab
a
rine water dee
I shall
NMENT AND
ntion
d c
st be subject to
ffects
ghts
of
e e
7, pa
racting Pa
or m
de i
u
h
that falls within t
n

m
NE/CO
ent of a
r
e
RO
ont
ate su
n a
wetlands, and islands,
a
rse e
etent national authority of the
eters at low
rsity... (
Party
p
nism
r
ticle
)
h
ovem

A
1)
Appendix
e
sign
MARI
ENVI
BIODIVERSITY
that are likely t
adve
dive

Contracting Parties shall im
this Conve
marine environment consistently
with the ri
States unde
(Article 22.2)
require t
notification to,
com
Party of im
intentional transboundary
m
orga
of
8(
Each C
d
its territory t
riparia
to the
bodies of
six m
the wetlands (Article 2.1)
species threate
whic
trade. Tra
species m
particularly strict regulation in
PING
DUM
AN
MARINE POLLUTION
AND OCE
The

1.
AND
RIES
UACULTURE
FISHE
AQ


ithin the Major Multilateral Environmental Agreements
w
ERNANCE
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
O

G





S)
n
sar
n


n
am
d
on o
on)
on o
na
onal
onal
ol o
nti
tance
nti
nti
gere
tat (R
t
age
oc
nve
nve
nve
MEA OCEANS
Car
Prot
Biosafety
Co
Wetlands of
Internati
Impor
Especially as
Waterfowl
Habi
Co
Co
Internati
Trade in
Endan
Species (CITE
37

---

ANGE
CLIMATE
CH

-
o

st be

their
not
e
ss
cies
n
al;
e c
e
v
u
ifies
i
cting
h
h
trade
y
with
pt in

m
e all
e
d
str
t
uded in
d
h
n
ce

ident
t
h
re
ing t
x
(Article 2)

be
al
n
clud
d
e
so unl
r survi
II e
i
grator
ngere
r further
whic
in
rty
m
tion
nee
provisions of
ge
only
of such spe
thei
all
Pa
d I
Parties i
ecies incl
p
n
list
e
nda
st
cep
sh
ASTAL
u
shall include:
tilizatio
ecies
d as
which although
I
a

u
p
venting or
n
her
e.
shall not allow
I
a
ll
a
y becom
strict regulation i
id
gulation...
III
h any
ect to regulation
a
ot
d
I,
with the
s
h
h are
NMENT AND
d m
n
in ex
ecimens
o
ix
I
p
her s
re
of
tra
ens of s
o
x
NE/CO
rily now threatene
s
avo
atible with

of pre
of
nce
RO
stances.
e
nd
g subj
its jurisdiction for
rized
n
p
p
n
oitation,
rol
ecim
ndices
ndi
vival a
ration
p
tho
e
r to
pose
The Parties
pe
r
d
.
Ap
MARI
ENVI
BIODIVERSITY
order not to endan
sur
au
circum
2. Appendix II
(a) all species
necessa
extinction m
trade i
is subject t
o
incom
and (b) ot
subject t
3
species whic
as bei
within
pur
expl
ope
cont
4.
in s
Appe
accorda
the present Convention.
species whic
PING
DUM
AN
MARINE POLLUTION
AND OCE
Ap
AND
IES
R
UACULTURE
FISHE
AQ

ithin the Major Multilateral Environmental Agreements
w
ERNANCE
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
O

G

MEA OCEANS
The Convention
on the
38

---

,
ses of

arid
dry
as

d
rpo
ntion:
n in
n
id are
e pu
atio
ANGE
i-arid a
r th
e
grad
CLIMATE
CH
Fo
this Conve
(a) "desertification"
means land
d
sem
sub-hum
resulting from

or
c
e

ecies

o
u
ies
h
of a
sses
)

to
p
for

; (b)
ed
red
ng,
ec

debt

b) t
e
p
n
r: a
habitats
pede or
t,
cio-
of
n;
m
r
oduction
inati
o
proce
ffect

in
vo
f
th
en
r
e
cluding
r
ade,
ose
r
e
ensate
n
opt a
rties wit
h
p

o
e int
d
drought
h
xotic s
to a
ents and
r
e feasible and
h a
oving the s
the extent feasible

prev
STAL
that a
A
propriate, the
r
ation
to
ecies, i
a
ll endea
store t
whic
rem
extinctio
p
e, to
ors
p
: (a) a
ion...
untry Pa
ngem
r
e
Range States
ecies listed
h
i
g
ogical and s
d, whe
of
ove, com
proach addressing the
o
ra
in
r
at seriously i
riat
p
ternational t
NMENT AND
I s
h
e m
ng or are likely to further
roduced e
n
x
a
n
ecies
d a
biol
ng c
NE/CO
ry sp
p
ic aspects of the
RO
t, rem
t th
rtification and
ndi
rties shall
opi
r
ato
dange
e
n
rse effects of activities or
en
ngeri
nger the s
due attent
rd to i
pe
portance
v
or controlling or elim
om
r
ev
d approp
dese
a
rketing ar
MARI
ENVI
BIODIVERSITY
(Article 3.1)

Parties that a
mig
Ap
conserve
appropriate, re
of the s
im
fr
pre
minimize, as a
adve
obstacles t
p
species; and c)
an
or control fact
enda
enda
strictly controlling t
of,
already int
(Article 3.4)

... Pa
integrate
physical,
econom
of
give
devel
rega
m
ING
P
DUM
AN
MARINE POLLUTION
AND OCE

AND
IES
R
UACULTURE
FISHE
AQ


ithin the Major Multilateral Environmental Agreements
w
ERNANCE
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
O

G

f

n
s


n
n o
on
t
io
y
a
(B
on)
on to
or
ti
ti
i
c
n
Nation
n
t

a
at
b
t
if
r
gr
nve
nve
s
e
e
MEA OCEANS
Conservatio
Mi
Species of Wild
Animals
Co
United
Co
Com
D
39

---

d
try
try
d

,
eds
n
n
e or
u
ally
of
,
u
oul
ne
at
h
ors
d
o
o
n
r
den
c
woul
r a
u
,
s
peci
Parties,
c
ng
ffects
ng
rtion

fact
i
on
ng climatic
bea
ecific
stances of
ble to the
a
l b
he
n full
p
opi
nt
that are
opi
r t
ANGE
ous
an activities
rse e
ate change
to
nera
ve
de
i
spropo
norm
on
CLIMATE
CH
vari
includi
variations a
hum

The s
and special
circum
devel
Parties, es
those
particularly
vul
adve
clim
and those
especially
devel
Parties, that
have
d
ab
un
C
be give



rs
rests
the
e
nt,
the
t, as
o
mic
e
m
r
voi
h
of
n
e
n
no
t
o
water
rese
not
ass, f
a
rine

ote
ble
a
nage
ncem
es
other
a
l eco
m
and
n
ontreal
biom
otection and
staina
)
prom
land and
ASTAL
establishing an
e M
u
d
ong affected
and drought (Article
d enha
sinks
well as
tal and m
m
n
h
uding
as
ternatio
o
NMENT AND
n
, as
ent; (
nhouse gass
s (Article 4.1.d)
i
ent conducive t
ental pr
ote and cooperate i
Parties in the fields
sustainable
ns
NE/CO
RO
view to
ration a
ol, incl
ling
priate, of
ronm
otion of s
opm
ronm
ote
o
rolled by t
oc
ab
om

MARI
ENVI
BIODIVERSITY
with a
en
envi
pr
devel
coope
country
envi
conservation of
resources, as they relate to
desertification
4)

and prom
conservation a
appr
or all gree
cont
Prot
and ocea
terrestrial, c
ecosystem
PING
DUM
AN
MARINE POLLUTION
AND OCE
Prom
AND
RIES
UACULTURE
FISHE
AQ

ithin the Major Multilateral Environmental Agreements
w
ERNANCE
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
O

G

s

n
ge
k
han
on o
C
Nation
nti
nve
MEA OCEANS
United
Framewor
Co
Climate
40

---

d
d in

oul
vent,
a
h
n
ive
C
not
s
h

k of
as
o
suc
shall

Annex
climate
d
d
n
ent
n
ent a
ng
n
d i
ble
oni
opm
opm
a
te object
UNFCC
ANGE
i
nimize the
clea
igate its adverse
p
ributing to the
3)
CLIMATE
CH
consideration
(Article 3.2)

The Parties
take precautionary
measures t
anticipate, pre
or m
causes of
change a
mit
effects...lac
full scientific
certainty should
not be use
reason for
post
measures (Article
3.
The
devel
mechanism
assist Parties
include
I in achieving
sustaina
devel
cont
ultim
of the
(Article 12.2)

ASTAL
NMENT AND
NE/CO
RO
MARI
ENVI
BIODIVERSITY
PING
DUM
AN
MARINE POLLUTION
AND OCE

AND
RIES
UACULTURE
FISHE
AQ

ithin the Major Multilateral Environmental Agreements
w
ERNANCE
APPENDIX B: Articles and Paragraphs of Particular Interest to SIDS
V
O

G


o

ol t
n
ge
k
han
otoc
d
on o
C
s
nti
o Pr
nve
MEA OCEANS
Kyot
the Unite
Nation
Framewor
Co
Climate

41

---

Appendix C
Examples of Funding and Assistance Provisions
for SIDS in Multilateral Environmental Agreements
UNCLOS, Part XII, Section 3,
1995 UN Fish Stocks Agreement, Article 26
Technical Assistance
1. States shall cooperate to establish special funds to assist
States shall, directly or through competent international or-
developing States in the implementation of this Agreement,
ganizations:
including assisting developing States to meet the costs in-
volved in any proceedings for the settlement of disputes to
(a) promote programmes of scientific, educational, techni-
which they may be Parties.
cal and other assistance to developing States for the pro-
tection and preservation of the marine environment and the
2. States and international organizations should assist de-
prevention, reduction and control of marine pollution. Such
veloping States in establishing new subregional or regional
assistance shall include, inter alia:
fisheries management organizations or arrangements, or in
strengthening existing organizations or arrangements, for
(i) training of their scientific and technical personnel;
the conservation and management of straddling fish stocks
and highly migratory fish stocks.
(ii) facilitating their participation in relevant international
programmes;
1993 High Seas Fishing Vessels, Article 7
(iii) supplying them with necessary equipment and fa-
cilities;
Parties shall cooperate, at global, regional, subregional or
bilateral level, and, as appropriate, with the support of FAO
(iv) enhancing their capacity to manufacture such equip-
and other international or regional organizations, to provide
ment;
assistance, including technical assistance, to Parties that are
developing States in order to assist them in fulfilling their
(v) advice on and developing facilities for research, moni-
obligations (Article 7)
toring, educational and other programmes;
(b) provide appropriate assistance, especially to developing
FAO Code of Conduct, Article 5
States, for the minimization of the effects of major incidents
which may cause serious pollution of the marine environ-
In order to achieve the objectives of this Code and to sup-
ment;
port its effective implementation, States, relevant interna-
(c) provide appropriate assistance, especially to developing
tional organizations, whether governmental or non-govern-
States, concerning the preparation of environmental assess-
mental, and financial institutions should give full recognition
ments.
to the special circumstances and requirements of develop-
ing States, including in particular the least-developed among
them, and small island developing States. States, relevant
Conservation and Management of Straddling
intergovernmental and non-governmental organizations and
Fish Stocks and Highly Mirgatory Fish Stocks
financial institutions should work for the adoption of mea-
(1995 UN Fish Stocks Agreement), Article 24
sures to address the needs of developing States, especially
in the areas of financial and technical assistance, technol-
ogy transfer, training and scientific cooperation and in en-
States shall, either directly or through UNEP, FAO, GEF,
hancing their ability to develop their own fisheries as well
SDS and other appropriate international and regional orga-
as to participate in high seas fisheries, including access to
nizations and bodies, provide assistance to developing states.
such fisheries.
42

---

Ramsar Convention, The Ramsar Small Grants
Annex I in achieving compliance with their quantified emis-
Fund for Wetland Conservation and Wise Use
sion limitation and reduction commitments under Article 3.
(SGF)
The clean development mechanism shall assist in arranging
funding of certified project activities as necessary.
Established in 1990 by the Conference of the Contracting
Parties (at that time under the name "Wetland Conserva- London Convention, Article IX
tion Fund"), and reliant on voluntary contributions, the SGF
provides small grants (maximum Swiss francs 40,000 per The Contracting Parties shall promote, through collabora-
project) for projects in developing States and States with tion within the Organization and other international bodies,
economies in transition. The target established by the Con- support for those Parties which request it for: (a) the train-
ference of the Parties for the Ramsar SGF is one million ing of scientific and technical personnel; (b) the supply of
US dollars per year.
necessary equipment and facilities forresearch and moni-
toring; (c) the disposal and treatment of waste and other
Ramsar Convention, Wetlands for the Future
measures to prevent or mitigate pollution caused by dump-
(WFF) Assistance Programme
ing; preferably within the States concerned, so furthering
the aims and purposes of this Convention.
The Bureau of the Convention on Wetlands, the U.S. State
Department, and the U.S. Fish and Wildlife Service operate Basel Convention, Article 14
a special initiative, the WFF training program, to benefit
Latin American and Caribbean institutions and individuals 1. The Parties agree that, according to the specific needs
through capacity building and training in the conservation of different regions and subregions, regional or sub-region
and wise use of wetlands.
centers for training and technology transfers regarding the
management of hazardous wastes and other wastes and
UNFCCC, Article 11
the minimization of their generation should be established.
The Parties shall decide on the establishment of appropri-
A mechanism for the provision of financial resources on a ate funding mechanisms of a voluntary nature.
grant or concessional basis, including for the transfer of
technology...shall function under the guidance of and be 2. The Parties shall consider the establishment of a revolv-
accountable to the Conference of the Parties, which shall ing fund to assist on an interim basis in case of emergency
decide on its policies, programme priorities and eligibility situations to minimize damage from accidents arising from
criteria related to this Convention.
transboundary movements of hazardous wastes and other
wastes or during the disposal of those wastes.
UNFCCC, Article 21
Convention on Biological Diversity, Article 20
The Global Environment Facility of the United Nations De-
velopment Programme, the United Nations Environment 1. Each Contracting Party undertakes to provide, in accor-
Programme and International Bank for Reconstruction and dance with its capabilities, financial support and incentives
Development shall be the international entity entrusted with in respect of those national activities which are intended to
the operation of the financial mechanism referred to in Ar- achieve the objectives of this Convention, in accordance
ticle 11 on an interim basis. In this connection, the Global with its national plans, priorities and programmes.
Environment Facility should be appropriately restructured 2. The developed country Parties shall provide new and
and its membership made universal to enable it to fulfill the additional financial resources to enable developing country
requirements of Article 11.
Parties to meet the agreed full incremental costs to them of
implementing measures which fulfill the obligations of this
Kyoto Protocol to the UNFCCC, Article 12
Convention...
The purpose of the clean development mechanism shall be 6. The Parties shall also take into consideration the special
to assist Parties not included in Annex I in achieving sus- conditions resulting from the dependence on, distribution and
tainable development and in contributing to the ultimate ob- location of, biological diversity within developing country
jective of the Convention, and to assist Parties included in Parties, in particular small island States.
43

---

Convention on Biological Diversity, Article 21
Stockholm Convention, Article 14
There shall be a mechanism for the provision of financial The institutional structure of the Global Environment Facil-
resources to developing country Parties for purposes of this ity, operated in accordance with the Instrument for the Es-
Convention on a grant or concessional basis.
tablishment of the Restructured Global Environment Facil-
ity, shall, on an interim basis, be the principal entity entrusted
with the operations of the financial mechanism referred to
Convention on Biological Diversity, Article 39
in Article 13, for the period between the date of entry into
force of this Convention and the first meeting of the Con-
Provided that it has been fully restructured in accordance ference of the Parties, or until such time as the Conference
with the requirements of Article 21, the Global Environment of the Parties decides which institutional structure will be
Facility of the United Nations Development Programme, designated in accordance with Article 13.
the United Nations Environment Programme and the Inter-
national Bank for Reconstruction and Development shall
be the institutional structure referred to in Article 21 on an Rotterdam Convention, Article 16
interim basis, for the period between the entry into force of
this Convention and the first meeting of the Conference of The Parties shall, taking into account in particular the needs
the Parties or until the Conference of the Parties decides of developing States and States with economies in transi-
which institutional structure will be designated in accordance tion, cooperate in promoting technical assistance for the
with Article 21.
development of the infrastructure and the capacity neces-
sary to manage chemicals to enable implementation of this
Convention. Parties with more advanced programmes for
Stockholm Convention on Persistent Organic
regulating chemicals should provide technical assistance,
Pollutants (Stockholm Convention), Article 13
including training, to other Parties in developing their infra-
structure and capacity to manage chemicals throughout their
1. Each Party undertakes to provide, within its capabilities, life-cycle.
financial support and incentives in respect of those national
activities that are intended to achieve the objective of this
Convention in accordance with its national plans, priorities
and programmes.
4. The extent to which the developing country Parties will
effectively implement their commitments under this Con-
vention will depend on the effective implementation by de-
veloped country Parties of their commitments under this
Convention relating to financial resources, technical assis-
tance and technology transfer.
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