Wednesday, March 28, 2012
Background
In the last past three decades over 300 multilateral treaties on environmental topics as diverse as biological diversity, long-range transboundary air pollution, climate change, desertification, etc. have been negotiated and concluded, with many more environmental agreements adopted either at the regional or bilateral levels.
However, States, particularly least developed counties and developing countries, face the challenge of negotiating and implementing these legal instruments with limited technical, financial and human resource capabilities. The lack of trained personnel impedes an effective and efficient participation of least developed countries delegations in environmental agreements negotiations
Sunday, March 25, 2012
INC 6-11
- INC 6-11: In the period prior to the Convention’s entry into force, the INC met six times. The meetings agreed to draft decisions on the definition and provisional adoption of PIC regions, the establishment of an Interim Chemical Review Committee (ICRC), and the adoption of draft decision guidance documents (DGDs) for chemicals already identified for inclusion in the PIC procedure. They also prepared draft decisions for the first COP, including on financial arrangements and dispute settlement procedures. Chemicals added to the interim PIC procedure during these sessions include
- ethylene dichloride and
- ethylene oxide,
- monocrotophos,
- four forms of asbestos,
- dinithro-ortho-cresol, and
- dustable powder formulations of benomyl, carbofuran, thiram, tetraethyl lead, tetramethyl lead, and parathion.
- Discussions of the inclusion of a fifth form of asbestos—chrysotile—were initiated at INC-10 but no agreement was reached.
Rotterdam Convention
The current members of the CRC are Armenia, Austria, Brazil, Bulgaria, Canada, Congo, Côte d’Ivoire, Ecuador, the Gambia, Germany, India, Iran, Jamaica, Kenya, Republic of Korea, Kuwait, Mali, Mauritania, Mexico, the Netherlands, New Zealand, Pakistan, Peru, Poland, Qatar, Saudi Arabia, Spain, Sudan, Switzerland, Yemen and Zambia
- CRC-8 adopted eight decisions, including on:
- dicofol;
- trichlorfon;
- pentabromodiphenyl ether (pentaBDE)
- and pentaBDE commercial mixtures;
- octabromodiphenyl ether (octaBDE) and
- octaBDE commercial mixtures;
- perfluorooctane sulfonic acid,
- perfluorooctanesulfonates,
- perfluorooctanesulfonamides
- and perfluorooctanesulfonyls;
- paraquat; and working procedures and policy guidance.
Monday, March 19, 2012
Contract Drafting and Negotiating
Contract Drafting and Negotiating: Pitfalls and Strategies:
Contracts that are well-drafted create binding, enforceable obligations consistent with the expectations of the parties. Experienced in-house and private counsel will highlight negotiation strategies and common drafting mistakes that render contracts ambiguous or unenforceable. Presenters will illustrate the importance of precise drafting using specific examples of indemnities, limitation sof liability, liquidated damages and arbitration clauses in the context of, among others, letters of intent, purchase agreements and shareholder agreements. Attend this session and learn practical drafting tips and negotiation tactics that can be applied to both simple and complex contracts to create enforceable obligations that reflect what you intended.
Sunday, March 18, 2012
Case #1The Origins of the Negotiations on the 1989 Basel Convention
Transboundary shipments and disposal of hazardous waste became the focus of international concern in the early 1980s as many developed countries began implementing strict legislation on waste disposal. The high costs associated with this new regulatory action made alternatives, such as shipping toxic wastes to developing countries, appear more attractive and certainly less costly to the many industries in developed countries producing such wastes.
......Anyway , years later....
the ash was finally illegally dumped into the Atlantic and Indian oceans. News of the incident contributed to growing international concern that tightened regulations for hazardous waste disposal in developed countries had to be accompanied with international rules regulating trans-boundary movements of hazardous wastes.
......Anyway , years later....
the ash was finally illegally dumped into the Atlantic and Indian oceans. News of the incident contributed to growing international concern that tightened regulations for hazardous waste disposal in developed countries had to be accompanied with international rules regulating trans-boundary movements of hazardous wastes.
Origins of negotiations
All negotiations aim to serve a purpose. The objective may be to manage or resolve a conflict or dispute, or it may entail developing a collective project, such as drafting and adopting a declaration or resolution on an issue of concern to the world community. In both cases, a broad spectrum of events or developments is usually responsible for precipitating a negotiation. These developments may be revolutionary in nature, such as a sudden, natural catastrophe (e.g. earthquake, flood, or tsunami), industrial accident or armed invasion. Or they may be evolutionary in nature, such as growing awareness or scientific evidence that a problem (e.g. land mines, ozone depletion or endangered species) can only be addressed effectively through collective action. In either case, events almost always trigger a response, which very often takes the form of intergovernmental negotiation.
Who are the Actors?
- The Provincial Government;
- Foreign Business Interests;
- Quebecers affected negatively by this Plan.
- Quebecers affected positively by this Plan.
Negotiations in General
Although intergovernmental negotiations are conducted primarily between and among official authorities (e.g. heads of state, ministers, diplomats and scientific and technical specialists), other actors, such as intergovernmental organizations (IGOs), non-governmental organizations (NGOs), businesses, trade unions and, increasingly, parliaments and local governments, are often involved in processes and contribute to determining outcomes. In fact, in many contemporary intergovernmental negotiations and particularly those taking place in the context of large multilateral conferences on economic, social or environmental issues, representatives from these non-state sectors often easily surpass the total number of state delegates. At the 2002 World Summit on Sustainable Development in Johannesburg, for instance, NGO representatives outnumbered state delegates by a margin of more than four to one!
The Institut du Nouveau Monde and Minalliance: A Disingenuous Alliance | Coop média de Montréal
OPEN LETTER: The Institut du Nouveau Monde and Minalliance: A Disingenuous Alliance | Coop média de Montréal
What are these organizations? The Institut du nouveau monde, primarily funded by the Government of Québec, presents itself as an organization that favours civil society participation in all types of debates of social importance. As for Minalliance, it is nothing more and no less than the public relations arm of the mining industry, mandated to charm the people of Québec with their aromatic “positive contributions” to the development of Québec in a way that oddly reminds us of what the father of public relations, Edward Bernays, called “propaganda”.
In March, the two groups are organizing a tour of Québec to hold public consultations about our mining future… funded entirely by Minalliance. Nothing, these days, escapes private sponsorship, not even processes of public deliberation on the future of our collective resources and wealth. In this context, the very notion of what can be regarded as public territory is financed by private mining corporations, which have the most to gain by influencing the debate in their favour. On the one hand, it is very disconcerting that the industry defines — through Minalliance — the boundaries of political debate, for which it is directly concerned. On the other, the Institut du nouveau monde’s endorsment of the process in the name of civil society leaves us further
What are these organizations? The Institut du nouveau monde, primarily funded by the Government of Québec, presents itself as an organization that favours civil society participation in all types of debates of social importance. As for Minalliance, it is nothing more and no less than the public relations arm of the mining industry, mandated to charm the people of Québec with their aromatic “positive contributions” to the development of Québec in a way that oddly reminds us of what the father of public relations, Edward Bernays, called “propaganda”.
In March, the two groups are organizing a tour of Québec to hold public consultations about our mining future… funded entirely by Minalliance. Nothing, these days, escapes private sponsorship, not even processes of public deliberation on the future of our collective resources and wealth. In this context, the very notion of what can be regarded as public territory is financed by private mining corporations, which have the most to gain by influencing the debate in their favour. On the one hand, it is very disconcerting that the industry defines — through Minalliance — the boundaries of political debate, for which it is directly concerned. On the other, the Institut du nouveau monde’s endorsment of the process in the name of civil society leaves us further
My Personnal Status
Because I can not afford the $2,000 networking sessions where real info is discussed- how is one to obtain the true and real info. This course alone costs $200./week, one module of 5 in the program. I could spend all my money today- but that means I would have no money for tomorrow.
The nature of negotiation
Negotiation is an interactive process whereby two or more interdependent parties seek to reach a mutually acceptable agreement over an issue or set of issues. As a concept, negotiation presumes that parties have both common and conflicting interests. As one recognized authority on negotiation has put so succinctly, “[w]ithout common interest, there is nothing to negotiate for, without conflict, nothing to negotiate about.” [1]This dialectic of interests is the raison d’être of negotiation; it is omnipresent, and it creates both major challenges and considerable opportunities for negotiators
CISDL Briefs
The United Nations Conference on Sustainable Development (Rio+20) was organized in order to evaluate where we are standing with regards to the concept and the implementation of « sustainable development ». Governments of 195 countries as well as national and supranational organizations will meet to discuss the future of sustainable development in the context of green economy and poverty eradication, by trying to elaborate a concrete action plan for the future.
This expert round table, organized by the CISDL, aims at evaluating and exploring the legal and economic aspects of sustainable development and the transition to the green economy in the context of the preparation to Rio+20.
Climate Negotiations
The Kyoto Protocol was negotiated between 1995 and 1997 in response to the adoption of the Berlin Mandate at the First Session of the COP. Following the adoption of the Protocol at the conclusion of the Third Session of the COP, parties were reluctant to deposit their instruments of ratification largely because the rules of the protocol’s implementation mechanisms (the Clean Development Mechanism, emissions trading and joint implementation) were not yet finalized. This required several additional years of negotiations which were concluded at the Seventh Session of the COP in Marrakesh in 2001
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