Monday, April 2, 2012
Development of Protocol & Negotiations
UNCLOS III negotiations was the intervention of the Maltese Ambassador to the United
Nations before the First Committee of the General Assembly.
As mentioned earlier, negotiations at the multilateral level may also open as the result of
decisions taken by an international conference or by the governing body of an
international organization. The negotiations on the FCCC were launched as the result of
the adoption of a General Assembly resolution; the Kyoto Protocol negotiations were
launched as a result of the adoption of the Berlin Mandate at the First Session of the
COP; and the negotiations on the CBD and those on the Basel Convention were
launched as the result of the Governing Council of UNEP deciding to set up ad hoc
working groups of scientific and technical experts.
The opening phase of negotiations also requires planning the process, setting the
agenda and designing the structure of the negotiation machinery. In bilateral and
multilateral negotiations alike, this phase can get into very elaborate details and require
considerable negotiation itself, such as determining the number, definition and sequence
of agenda items, selecting the venue and agreeing on the seating arrangements of a
conference. In multilateral conferences, there is always an added layer of complexity as
a number of administrative and strategic matters must also be addressed, such as
drafting and adopting rules of procedure, approving credentials, establishing committees
and subcommittees, delegating work, and electing presiding and other conference
officers. The time required to complete such tasks varies immensely and, like so many
Global Convention on Forests
Box 2: From the Idea of a Global Convention on Forests to the Adoption of the
Forest Principles
One of the five outcomes of UNCED was the adoption of the Non-Legally Binding
Authoritative Statement of Principles for a Global Consensus on the Management,
Conservation and Sustainable Development of all Types of Forests, also known as the
Forests Principles. Although the issue of forests was on the international policymaking
agenda for nearly two decades prior to Rio, only one legally-binding agreement, the 1983
International Tropical Timber Agreement (ITTA), existed on forests prior to UNCED. In the
late 1980s and early 1990s, many countries, including those of the G-7, began calling for
a global convention on forests. Significant divisions between developed and developing
countries polarized the negotiations in the UNCED preparatory committee sessions, and
ultimately prevented a legally-binding global agreement from materializing at Rio. The full
title given to the Forest Principles is testimony to the widespread divergences between
those states calling for a legally-binding instrument (i.e. “Authoritative Statement”) and
those seeking to limit the agreement to a non-legally binding “Statement of Principles
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