4 Ratification of a Treaty Amendment In the second stage, the proportion of Parties required to ratify the treaty amendment for it to enter into force, the suggested text included in the Compilation Draft is three- fourths of the Parties that were Parties to the agreement at the time of adoption of the amendment. [...] UNEP, Minamata Convention on Mercury Report of the Conference of the Parties to the Minamata Convention on Mercury on the Work of its Fourth Meeting (in-person segment) (Bali, March 21–25, 2022), UNEP/MC/COP.4/28/Add.1, (April 8, 2022), decision MC-4/3, undocs.org/UNEP/MC/COP.4/28/Add.1; Decisions Adopted by the Conference of the Parties to the Minamata Convention on Mercury at its Fifth Meeting (. [...] UNEP, FAO, Report of the COP to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade on the Work of Its First Meeting, UNEP/FAO/RC/COP.1/33, (October 22, 2004), decision RC-1/11, undocs.org/UNEP/FAO/RC/COP.1/33; UNEP, FAO, Report of the COP to the Rotterdam Convention on the Prior Informed Consent Procedure for Certa. [...] Protocols can also be integral to the functioning of the treaty, as under the Barcelona Convention, which requires any Party seeking to become a Party to the Convention to also become a Party to at least one of the Protocols.111 While the option to develop protocols can add flexibility to a convention, it can also cause significant delays in the development and entry into force of binding obligati. [...] It also states that entry into force will be based on the terms in the Protocol itself and, logically, only Parties to the Convention may become Parties to the Protocol.117 Under the Basel Convention, the text on protocols is even more open-ended, as it is situated within the article on the COP, to “[c]onsider and adopt protocols as required,” 118 but the treaty text does provide for amendments to.
Related Organizations
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Table of Contents
- Amendments to the Instrument 2
- Table 1 Majority Thresholds for Amendment Adoption 4
- Two-Thirds Majority for Amendment Three-Fourths Majority for Amendment 4
- Bamako Convention 4
- Bonn Convention on Conservation of Migratory Species CMS 4
- CBD 4
- CCD 4
- CITES 4
- International Convention for the Prevention of Pollution from Ships MARPOL 4
- United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction BBNJ 4
- Montreal Protocol 4
- Tropical Timber Agreement 4
- Barcelona Convention 4
- Basel Convention 4
- Minamata Convention 4
- Rotterdam Convention 4
- Stockholm Convention 4
- UNFCCC 4
- Vienna Convention 4
- Table 2 Majority Thresholds for Amendment Ratification 5
- Two-Thirds of Parties Three-Fourths of Parties 5
- Bamako Convention 5
- BBNJ 5
- CBD 5
- CCD 5
- CITES 5
- CMS 5
- International Treaty on Plant Genetic Resources 5
- Montreal Protocol 5
- Tropical Timber Agreement two-thirds represents seventy- five percent of voting power 5
- Barcelona Convention 5
- Basel Convention 5
- Minamata Convention 5
- Rotterdam Convention 5
- Stockholm Convention 5
- UNFCCC 5
- Vienna Convention 5
- Annexes Adoption and Amendment 6
- Annex amendments generally only require one step for entry into force rather than two for treaty amendments. 6
- Table 3 Amendments to Treaties with Annexes of Lists of Covered Substances Products or Species 7
- Convention Amendments 7
- Basel Convention 7
- Plastic Waste Amendments to Annexes II VIII and IX and the E-Waste Amendments to Annexes II VIII and IX the latter of which will enter into force in 2025 7
- CITES 7
- Appendices I and II have been amended at every single COP adding tens of thousands of species 7
- CMS 7
- Each COP has amended appendices to add migratory species with nearly 1200 currently included 7
- Minamata Convention 7
- Two amending decisions of annexes A and B 7
- Stockholm Convention 7
- Annexes AC have been amended at every COP since the fourth and now list twenty-two additional substances as POPs 7
- Table 4 Majority Thresholds to Amend Annexes 9
- Two-Thirds Majority Three-Fourths Majority 9
- Bamako Convention 9
- BBNJ 9
- CBD 9
- CCD additional procedures for amendments to certain annexes 9
- CITES amending Appendices I and II 9
- CMS 9
- Stockholm Convention for new annexes and amending Annexes AC 9
- Rotterdam Convention except Annex III 9
- Basel Convention 9
- Barcelona Convention without the consensus expectation 9
- UNFCCC 9
- Vienna Convention 9
- Minamata Convention 9
- Conventions require consensus 9
- Table 5 Timeframes for Entry into Force of Annexes and Amendments 10
- Ninety Days from Adoption Six Months from Adoption 180 Days from the Close of the Meeting 10
- Vienna Convention 10
- CITES 10
- CMS 10
- Basel Convention 10
- UNFCCC 10
- CCD 10
- BBNJ 10
- Adjustments 10
- Protocols 11
- Entry into Force 12
- Reservations 13
- Reservations may undermine certain elements that the majority of Parties believe are integral to the treaty. 13
- Conclusion 14
- About CIEL 16
- Acknowledgments 16
