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Summary Information
Full Title

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

Short Title / Abbreviations

Noumea Convention Dumping Protocol

CIL Subject Classification
Citations to Text -
Date of Adoption 25/11/1986
Place of Adoption Noumea, New Caledonia
Secretariat / Relevant Authority

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

Dispute settlement provisions

Article 17.1 of the current protocol:

“The provisions of 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.”

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.”

Depository

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

Annexes

Annex I (Prohibited substances)

Annex II (Substances requiring special permits)

Annex III (Provisions to be considered in establishing criteria governing the issue of permits for the dumping of matter at sea)

Annex IV Allocation of Substances to Annexes

Entry Into Force Status In Force
Source

Secretariat of the Pacific Regional Environment Programme

Date of Entry into Force

22/08/1990

Entry into Force / Termination Provisions

Article 17.1 of the current protocol:

“The provisions of 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.”

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.”

General Status 11 Parties (as of 22/07/2020)
Links to Current Status/Reservations Secretariat of the Pacific Regional Environment Programme
Status
ASEAN States
Brunei Darussalam
Cambodia
Indonesia
Lao PDR
Malaysia
Myanmar
Philippines
Singapore
Thailand
Viet Nam
Related Instruments
Protocols / Amendments to this instrument

2006 Amendment to the Protocol for the Prevention of Pollution of the South Pacific Region by Dumping

This instrument amends/supersedes

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

Related Instruments

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

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

1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter

 

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