1986 Protocol Concerning Cooperation in Combating Pollution Emergencies in the South Pacific Region

Emergencies Protocol

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    • Marine Environment
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South Pacific Bureau for Economic Co-operation (at time of adoption). This convention is now served by the Secretariat of the Pacific Regional Environment Programme

Art 11.1 of the current protocol:

“The provisions of the [the 1986 Convention for the Protection of the Natural Resources and Environment of the South Pacific Region] relating to any Protocol shall apply with respect to the present Protocol.”

Refer to Article 26 (Settlement of Disputes) of the 1986 Convention for the Protection of the Natural Resources and Environment of the South Pacific Region:

“1. In case of a dispute between Parties as to the interpretation or application of this Convention or its Protocols, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. If the Parties concerned cannot reach agreement, they should seek the good offices of, or jointly request mediation by, a third Party.

2. If the Parties concerned cannot settle their dispute through the means mentioned in paragraph 1, the dispute shall, upon common agreement except as may be otherwise provided in any Protocol to this Convention, be submitted to arbitration under conditions laid down in the Annex on Arbitration to this Convention. However, failure to reach common agreement on submission of the dispute to arbitration shall not absolve the Parties from the responsibility of continuing to seek to resolve it by means referred to in paragraph 1.

3. A Party may at any time declare that it recognizes as compulsory ipso facto and without special agreement, in relation to any other Party accepting the same obligation, the application of the arbitration procedure set out in the Annex on Arbitration. Such declaration shall be notified in writing to the Depositary who shall promptly communicate it to the other Parties.”

Secretary-General of the Pacific Islands Forum Secretariat (formerly Director of the South Pacific Commission)

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Secretariat of the Pacific Regional Environment Programme

22/08/1990

Art 11.1 of the current protocol:

“The provisions of the [the 1986 Convention for the Protection of the Natural Resources and Environment of the South Pacific Region] relating to any Protocol shall apply with respect to the present Protocol.”

Refer to Article 31 (Entry into Force) of the 1986 Convention for the Protection of the Natural Resources and Environment of the South Pacific Region:

“2. Any Protocol to this Convention, except as otherwise provided in such Protocol, shall enter into force on the thirtieth day following the date of deposit of at least five instruments of ratification, acceptance or approval of such Protocol, or of accession thereto, provided that no Protocol shall enter into force before the Convention. Should the requirements for entry into force of a Protocol be met prior to those for entry into force of the Convention pursuant to paragraph 1, such Protocol shall enter into force on the same date as the Convention.

3. Thereafter, this Convention and any Protocol shall enter into force with respect to any State referred to in Articles 28 or 30 on the thirtieth day following the date of deposit of its instrument of ratification, acceptance, approval or accession.”

2006 Protocol on Hazardous and Noxious Substances Pollution Preparedness, Response and Co-operation in the Pacific Region

2006 Protocol on Oil Pollution Preparedness, Response and Cooperation in the Pacific Region

(Both the above Protocols are not in force at the time of update. When both enter into force they will supersede the 1986 Emergencies Protocol.)

1986 Protocol for the Prevention of Pollution of the South Pacific Region by Dumping

1986 Convention for the Protection of the Natural Resources and Environment of the South Pacific Region

Secretariat of the Pacific Regional Environment Programme accessed on 09/07/2024