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Pre.7 |
TAKING FULL ACCOUNT of the Programme of Action for the Sustainable Development of Small Island Developing States adopted in Barbados on 6 May 1994; |
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Pre.10 |
RECALLING their commitments under existing regional treaties and arrangements for the protection and preservation of the environment of the South Pacific, including the Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, signed in Noumea on 24 November 1986, the Protocol concerning Cooperation in Combating Pollution Emergencies in the South Pacific Region, adopted by Parties on 25 November 1986, and the South Pacific Nuclear Free Zone Treaty, signed in Rarotonga on 6 August 1985; |
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Pre.11 |
FURTHER RECALLING the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal adopted by the Conference of the Plenipotentiaries on 22 March 1989, and noting decisions of its Conference of the Parties including Decision II 12 of 25 March 1994; |
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Pre.12 |
DESIRING to conclude an agreement under Article 11 of the Basel Convention; |
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Pre.13 |
MINDFUL of the International Atomic Energy Agency (IAEA) Code of Practice on the International Transboundary Movement of Radioactive Waste and recognising the need for its strict observance in the South Pacific Region; |
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Pre.14 |
NOTING as well the preliminary negotiations on a Convention on the Safe Management of Nuclear Waste; |
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Pre.15 |
FURTHER RECALLING the Declaration of the United Nations Conference on the Human Environment (Stockholm, 1972), the Cairo Guidelines and Principles for the Environmentally Sound Management of Hazardous Wastes adopted by the Governing Council of the United Nations Environment Programme (UNEP) by Decision 14/30 of 17 June 1987 and the Recommendations of the United Nations Committee of Experts on the Transport of Dangerous Goods (formulated in 1957 and updated biennially); |
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Pre.16 |
RECALLING also Agenda 21 adopted by the United Nations Conference on Environment and Development in Rio de Janeiro on 14 June 1992, which reaffirms that effective control of the generation, storage, treatment, recycling and reuse, transport, recovery, and disposal of hazardous wastes is of paramount importance for proper health, environmental protection and natural resources management and sustainable development; |
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Art.2.4 |
4. Nothing in this Convention shall affect in any way the sovereignty of States over their territorial sea, the sovereign rights and jurisdiction that States have in their exclusive economic zones and continental shelves, and the exercise by vessels and aircraft of all States of navigational rights and freedoms, as provided for in international law and as reflected in the 1982 United Nations Convention on the Law of the Sea and other relevant international instruments. |
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Art.2.5 |
5. Nothing in this Convention shall affect in any way the rights and obligations of any Party under international law including under other international agreements in force. Such agreements include the London Convention as amended; the 1982 United Nations Convention on the Law of the Sea, including in particular Articles 31, 210 and 236 thereof; the South Pacific Nuclear Free Zone Treaty, 1985, including in particular Article 7 thereof; and the International Convention for the Prevention of Pollution from Ships, 1973. |
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Art.4.3.a |
(a) Each Party which is a Party to the London Convention, the South Pacific Nuclear Free Zone Treaty, 1985, the 1982 United Nations Convention on the Law of the Sea or the Protocol for the Prevention of Pollution of the South Pacific Region by Dumping, 1986, reaffirms the commitments under those instruments which require it to prohibit dumping of hazardous wastes and radioactive wastes at sea; and |
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Art.4.3.b |
(b) Each Party which is not a Party either to the London Convention or the Protocol for the Prevention of Pollution of the South Pacific Region by Dumping, 1986, should consider becoming a Party to both of those instruments. |
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Art.4.4.d |
(d) in cooperation with SPREP, participate in the development of programmes to manage and simplify the transboundary movement of hazardous wastes which cannot be disposed of in an environmentally sound manner in the countries in which they are located. Provided that such programmes do not derogate from the environmentally sound management of hazardous wastes as required by this Convention, they may be registered as arrangements under Article 11 of this Convention; |
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Art.4.4.e |
(e) develop a national hazardous wastes management strategy which is compatible with the SPREP South Pacific Regional Pollution Prevention, Waste Minimization and Management Programme; |
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Art.4.5.a |
(a) Parties shall give active consideration to the implementation of the IAEA Code of Practice on the International Transboundary Movement of Radioactive Wastes and such other international and national standards which are at least as stringent; and |
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Art.4.5.b |
(b) subject to available resources, Parties shall actively participate in the development of the Convention on the Safe Management of Nuclear Waste. |
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Art.9.6 |
6. The Secretariat shall undertake the necessary coordination with the Secretariat of the Basel Convention in relation to the effective prevention and monitoring of illegal traffic in hazardous wastes. Such coordination shall include: |
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Art.14.1.e |
(e) ensure coordination with the Secretariat of the Basel Convention and other relevant international and regional bodies, and in particular to enter into such administrative arrangements as may be required for the effective discharge of its functions; |
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Art.14.1.j |
(j) assist Parties to this Convention in their identification of cases of illegal traffic and to circulate immediately to the Parties concerned any information it has received regarding illegal traffic, and to undertake the necessary coordination with the Secretariat of the Basel Convention as provided for in Article 9.6; |
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Art.14.3 |
3. The Secretariat's functions shall be carried out by SPREP. |
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Art.20.2 |
2. If the Parties concerned cannot settle their dispute through the means mentioned in paragraph 1 of this Article, the dispute, if the Parties to the dispute agree, shall be submitted to arbitration under the conditions set out in Annex VII of this Convention or to the International Court of Justice. However, failure to reach common agreement on submission of the dispute to arbitration or to the International Court of Justice shall not absolve the Parties from the responsibility of continuing to seek to resolve it by the means referred to in paragraph 1. |
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Art.20.3.b |
(b) submission of the dispute to the International Court of Justice. |
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Art.21.1 |
1. This Convention shall be open for signature by the Members of the South Pacific Forum at Waigani, Papua New Guinea, on 16 September 1995. |
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Art.21.2 |
2. This Convention shall remain open for signature by the Members of the South Pacific Forum from 22 September 1995 until 21 March 1996 at the South Pacific Forum Secretariat, Suva. |
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Art.22.1x |
This Convention shall be subject to ratification, acceptance or approval by Members of the South Pacific Forum. Instruments of ratification, acceptance or approval shall be deposited with the Depositary. |
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Art.23.1 |
1. This Convention shall be open for accession by Members of the South Pacific Forum from the day after the date on which the Convention is closed for signature. The instruments of accession shall be deposited with the Depositary. |
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Art.23.2 |
2. Other States not members of the South Pacific Forum which have territories in the Convention Area may accede to the Convention. In addition, other States which do not have territories in the Convention Area may also accede to the Convention pursuant to a decision of the Conference of the Parties under Article 13.4(g). |
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Art.27.1x |
The Secretary General of the South Pacific Forum Secretariat shall be the Depositary of this Convention and of any protocols thereto. |
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Art.28.1x |
This Convention, as soon as it enters into force, shall be registered by the Depositary with the Secretary-General of the United Nations in conformity with Article 102 of the Charter of the United Nations. |
