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International Law
The mining sector is increasingly subject to international law,
encompassing a wide range of conventions, protocols, declarations,
treaties, standards, codes, and recommendations relating to environmental,
social and economic norms.
In comparison to laws at the national level, international law
typically lacks the conventional enforcement mechanisms found with
command and control regulatory frameworks, instead it relies more
on political will. These laws can apply across the full spectrum
of the mining life cycle from initial ownership and access rights
for exploratory purposes, through mining and processing, to the
use of the end product or disposal of waste materials.
As yet, no comprehensive international law applies to the complete
mining life cycle - from prospecting to rehabilitation. However,
calls are increasingly being made for the adoption of international
standards to provide a 'level playing field' for an industry that
is increasingly globalised in nature.
In response to sustained criticism, recent initiatives at the global
level have led to the introduction of the 'International Cyanide
Management Code for the Gold Mining Industry' and the 'Kimberley
Process Certification System for Rough Diamonds'.
A broad overview of international law as it affects the mining
sector is provided in the UNCTAD document:
International Law and Mineral Resources
(PDF | Word)
- G.W. Pring
International law is rapidly evolving with new treaties, conventions,
codes, etc. being proposed and old ones modified. In this context,
the following information is provided only as an indication of the
range of tools in existence. Users are referred to the websites
listed for up-to-date information.
The section has been organised according to the following categories:
United
Nations Charter
Sustainable Development
Mining Specific
Corporate Social Responsibility
Human Rights
Indigenous People
Labour Rights
Public Participation
Tranboundary Effects
Hazardous Substances including
Waste
Atmosphere
Land Degradation
Wild Animal Species and their Habitat
Protected Areas
Oceans, Seas and Water
Antarctica
Outer Space
Trade
Judicial
Please note that some of the references may appear under several
categories.
| United Nations |
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Charter
of the United Nations
The Charter establishing the international organisation to
be known as the United Nations. Signed in San Francisco, USA,
on 26 June 1945.
Charter text (PDF): English
Website: [http://www.un.org/aboutun/charter/]
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| Sustainable Development |
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Stockholm Declaration
The Stockholm Declaration - providing guiding principles
for the preservation and improvement of the human environment
- was announced at the United Nations Conference on the Human
Environment, held in Stockholm on 5-16 June 1972.
Specific principles from the Declaration that affect the
activities of the mineral sector are presented here...
Declaration (PDF): English
Website: [http://www.unep.org/Documents/Default.asp?DocumentID=97]
Agenda 21
Agenda 21 was adopted by more than 178 Governments at the
United Nations Conference on Environment and Development (UNCED
- otherwise known as the Earth Summit), held in Rio de Janeiro,
Brazil on 3-14 June 1992.
Agenda 21 is a comprehensive plan of action to be implemented
globally, nationally and locally by organisations of the United
Nations System, governments and major groups in every area
in which humans impact on the environment.
Website: [http://www.un.org/esa/sustdev/agenda21.htm]
United Nations Millennium Summit
The governments of the member states of the United Nations
participated in the Millennium Summit on 6-8 September 2000.
The Summit agreed on a process for fundamental review of the
role of, the United Nations and of the challenges facing the
organisation in the new century.
Documents:
United
Nations Millennium Declaration (PDF) - Resolution
by the General Assembly, UN Doc.: A/RES/55/2, 2000.
"We the Peoples": The
Role of the United Nations in the 21st Century
- Kofi A. Annan, Secretary-General of the United Nations,
2000. The report is divided into seven parts:
New
century, new challenges (PDF)
Globalization
and governance (PDF)
Freedom
from want (PDF)
Freedom
from fear (PDF)
Sustaining
our future (PDF)
Renewing
the United Nations (PDF)
For
consideration by the Summit (PDF)
Website: [http://www.un.org/millennium/]
World Summit on Sustainable Development (WSSD)
See the section on the WSSD...
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| Mining Specific |
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International Cyanide Management Code for
the Gold Mining Industry
The "International Cyanide Management Code For The Manufacture,
Transport and Use of Cyanide In The Production of Gold"
(Code) is a voluntary industry code developed by a multi-stakeholder
committee formed under the auspices of the United Nations
Environment Programme (UNEP) and the International Council
on Metals and the Environment (ICME). The Code is administered
by the International Cyanide Management Institute.
Code text (PDF): English
Website: [http://www.cyanidecode.org/]
Kimberley Process Certification System for
Rough Diamonds
The Kimberley Process, involving more than 30 governments,
the European Community, the diamond industry and civil society,
has established minimum acceptable international standards
for national certification schemes relating to trade in rough
diamonds. The aim of the certification system is to prevent
the flow of rough diamonds from armed conflict areas, in support
of UN Security Council sanctions, thereby contributing to
peace efforts.
The certification scheme was launched on 1 January
2003.
Interlaken Declaration text (PDF): English
Certification System text (PDF): English
Website: [http://www.kimberleyprocess.com/]
Safety and Health in Mines Convention, 1995
Convention text (PDF): English
Recommendation text (PDF): English
Website: [http://ilolex.ilo.ch:1567/cgi-lex/convde.pl?C176]
Medical Examination of Young Persons (Underground
Work) Convention, 1965
Convention text (PDF): English
Website: [http://ilolex.ilo.ch:1567/cgi-lex/convde.pl?C124]
Minimum Age (Underground Work) Convention,
1965
Convention text (PDF): English
Website: [http://ilolex.ilo.ch:1567/cgi-lex/convde.pl?C123]
Underground Work (Women) Convention, 1935
Convention text (PDF): English
Website: [http://ilolex.ilo.ch:1567/cgi-lex/convde.pl?C045]
UN Framework Classification for Solid Fuels
and Mineral Reserves/Resources (1997)
The Framework Classification is an international scheme to
enhance communication on national and international levels
through the provision of a framework for evaluating the existing
reserves/resources on a common market-oriented basis, making
investment in solid fuels and mineral commodities safer and
more attractive.
The International Classification
of Dynamic Phenomena in Mines (November 1994)
This international classification is intended
to help managers and mine safety researchers forecast and
prevent the occurrence of dynamic phenomena related to methane
gas in underground coal mines.
The International Classification
System of Coals in Seam (June 1995)
This international classification system determines
the procedures for some geological operations related to coal
seam evaluation.
The International Codification
System for Low-grade Coal Utilisation (2002)
This international codification system is intended
to help coal users select different types of solid fuels and
optimise the combustion process of the thermal power sector.
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| Corporate Social Responsibility |
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The Global Compact
The Global Compact seeks to advance responsible corporate
citizenship through collective action, so that business can
contribute to solutions to the challenges of globalisation.
The Global Compact is a voluntary corporate citizenship initiative
with two objectives:
- Making the Global Compact and its principles part of business
strategy and operations.
- Facilitating cooperation among key stakeholders and promoting
partnerships in support of UN goals.
Participating companies, that include Rio Tinto, Placer Dome,
BP, Royal Dutch Shell, and the Indian Oil Corporation, are
required to submit a case study showcasing their contribution
towards the Global Compact principles at least once a year.
Website: [http://www.unglobalcompact.org/]
Global Reporting Initiative (GRI)
The Global Reporting Initiative (GRI) is convened by the
Coalition for Environmentally Responsible Economies (CERES)
and UNEP. The Initiative has the mission of designing globally
applicable guidelines for the preparation of reports on the
environmental, social and economic impact of corporate activities.
Revised GRI Sustainability Reporting Guidelines were released
in 2002.
Guidelines (PDF): GRI
Sustainability Reporting Guidelines 2002
Website: [http://www.globalreporting.org]
ISO 9000 Quality Management System and
ISO 14000 Environmental Management System
The International Organisation for Standardisation (ISO)
9000 Quality Management System and the ISO 14000 Environmental
Management System are generic management systems that can
be applied to any organisation, of any size, whatever its
product or service, in any sector, and whether it is private
or public/government.
ISO 9000 is concerned with "quality management"
- i.e. what the organisation does to enhance customer satisfaction
by meeting customer and applicable regulatory requirements
and to improve its performance in this regard continuously.
ISO 14000 is primarily concerned with "environmental
management" - i.e. what the organisation does to minimise
harmful effects on the environment caused by its activities
and to improve its environmental performance continuously.
The ISO 9000 and 14000 standards documentation are available
for purchase from the ISO website.
Website: [http://www.iso.ch/iso/en/iso9000-14000/index.html]
Proposed ISO International Standard for Corporate
Social Responsibility (CSR)
The International Organisation for Standardisation (ISO)
Committee for Consumer Policy (COPOLCO) has established a
multi-stakeholder strategic advisory group to further explore
whether ISO should launch the development of an international
standard for Corporate Social Responsibility (CSR).
A website on the ISO Strategic Advisory Group on Corporate
Social Responsibility is hosted by the International Institute
for Sustainable Development (IISD).
Website: [http://www.iisd.org/standards/csr.asp]
OECD Guidelines for Multinational Enterprises
(2000)
The Organisation for Economic Cooperation and Development
(OECD) Guidelines are recommendations addressed by governments
to multinational enterprises operating in or from adhering
countries. They provide voluntary principles and standards
for responsible business conduct in a variety of areas including
employment and industrial relations, human rights, environment,
information disclosure, competition, taxation, and science
and technology.
Guidelines text (PDF): English
| French | German
| Spanish
Website: [http://www.oecd.org/EN/home/0,,EN-home-93-3-no-no-no,00.html]
OECD Principles of Corporate Governance (1998)
The Organisation for Economic Cooperation and Development
(OECD) Principles were adopted in 1999 by 29 member governments
of the OECD, becoming, in 2000, one of the 12 core standards
of global financial stability. They are now used as a benchmark
by international financial institutions.
Principles text (PDF): English
| French
| German
| Russian
| Spanish
Website: [http://www.oecd.org/EN/home/0,,EN-home-28-nodirectorate-no-no--28,00.html]
ILO Declaration on Fundamental Principles
and Rights at Work and its Follow-up
Adopted by the International Labour Conference, Eighty-sixth
Session, Geneva, 18 June 1998. The ILO Declaration is a response
to globalisation, with the objective of reconciling the desire
to stimulate national efforts so as to ensure that social
progress goes hand in hand with economic progress and the
need to respect the diversity of circumstances, possibilities
and preferences of individual countries.
Declaration text (PDF): English
Follow-up text (PDF): English
Website: [http://www.ilo.org/declaration]
ILO Tripartite Declaration of Principles Concerning
Multinational Enterprises and Social Policy (MNE Declaration)
The Tripartite Declaration of Principles Concerning Multinational
Enterprises and Social Policy (MNE Declaration) was adopted
as a result of extensive consultations and negotiation between
representatives of governments, employers' and workers' organisations
and multinational enterprises. The MNE Declaration takes special
account of the ILO Declaration on Fundamental
Principles and Rights at Work.
The MNE Declaration is the only set of global guidelines
agreed on by governments, employers and workers for investment-related
policy and practice. It addresses commitments of multinational
enterprises, workers' and employers' organisations, and governments
in such areas as development policy, rights at work, employment,
training, conditions of work and life and industrial relations.
Observance of these voluntary guidelines enhances the contributions
Parties can make, individually and collectively, to the overall
objectives of advancing economic and social progress.
Declaration text (PDF): Arabic
| Chinese
| English |
French |
Russian
| Spanish
Guide (PDF): English
| Spanish
Website: [http://www.ilo.org/multi]
Proposed Draft Human Rights Code of
Conduct for Companies
A working paper on a proposed draft human rights code of
conduct for companies has been prepared.
Proposed
draft human rights code of conduct for companies (PDF)
- David Weissbrodt. Commission on Human Rights, Sub-Commission
on the Promotion and Protection of Human Rights - UN Doc.:
E/CN.4/Sub.2/2000/WG.2/WP.1/Add.1 - 25 May 2000.
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| Human Rights |
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Universal Declaration of Human Rights
Declaration text (PDF): Arabic
| Chinese
| English
| French
| Russian
| Spanish
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Additional languages are available at: [http://193.194.138.190/udhr/navigate/alpha.htm]
Website: [http://www.un.org/Overview/rights.html]
International Covenant on Economic,
Social and Cultural Rights
Of all the basic human rights standards, the International
Covenant on Economic, Social and Cultural Rights provides
the most important international legal framework for protecting
basic human rights.
The Covenant contains some of the most significant international
legal provisions establishing economic, social and cultural
rights, including rights relating to work in just and favourable
conditions, to social protection, to an adequate standard
of living, to the highest attainable standards of physical
and mental health, to education and to enjoyment of the benefits
of cultural freedom and scientific progress. It also provides
for the right of self-determination; equal rights for men
and women; the right to work; the right to just and favourable
conditions of work; the right to form and join trade unions;
the right to social security and social insurance; protection
and assistance to the family; the right to an adequate standard
of living; the right to the highest attainable standard of
physical and mental health; the right to education; the right
to take part in cultural life; and the right to enjoy the
benefits of scientific progress and its applications.
Of particular note is Article 1.2: "All peoples may,
for their own ends, freely dispose of their natural wealth
and resources..."
Covenant text (PDF): English
| French
Website: [http://www.hrweb.org/legal/escr.html]
International Covenant on Civil and Political
Rights (New York, 16 December 1966)
The Universal Declaration of Human Rights of 1948 was codified
into two Covenants, which the General Assembly adopted on
16 December 1966. Together with the Optional Protocols, they
constitute the "International Bill of Human Rights".
The International Covenant on Civil and Political Rights
is a landmark in the efforts of the international community
to promote human rights. It defends the right to life and
stipulates that no individual can be subjected to torture,
enslavement, forced labour and arbitrary detention or be restricted
from such freedoms as movement, expression and association.
Covenant text (PDF): English
| French
International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their
Families (New York, 18 December 1990)
The globalisation of markets, information and technology,
as well as the liberalisation of many laws affecting individuals
mobility, has enabled vast movements of people on a scale
never seen before. The objective of this Convention
is to create international standards for the protection of
the human rights of migrant workers and their families as
all are vulnerable to abuse by virtue of the fact that they
are living in a foreign country.
Convention text (PDF): English
| French
Convention on the Rights of the Child
The Convention on the Rights of the Child is a universally
agreed set of standards and obligations spelling out the basic
human rights that children everywhere have: the right to survival;
to develop to the fullest; to protection from harmful influences,
abuse and exploitation; and to participate fully in family,
cultural and social life. These rights are inherent to the
human dignity and harmonious development of every child. The
Convention protects children's rights by setting standards
in health care, education and legal, civil and social services.
Convention text (PDF): English
Proposed Draft Human Rights Code of
Conduct for Companies
A working paper on a proposed draft human rights code of
conduct for companies has been prepared.
Proposed
draft human rights code of conduct for companies (PDF)
- David Weissbrodt. Commission on Human Rights, Sub-Commission
on the Promotion and Protection of Human Rights - UN Doc.:
E/CN.4/Sub.2/2000/WG.2/WP.1/Add.1 - 25 May 2000.
Draft Declaration on the Rights of Indigenous
Peoples
Draft Declaration text (PDF): English
Website: [http://www.unhchr.ch/html/menu2/ind_main.htm]
Declaration on the Right to Development
Declaration text (PDF): English
Website: [http://www.unhchr.ch/development/]
Declaration on Social Progress and Development
Declaration text (PDF): English
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| Indigenous People |
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Indigenous and Tribal Peoples in Independent
Countries Convention
The Indigenous and Tribal Peoples Convention applies to tribal
peoples in independent countries whose social, cultural and
economic conditions distinguish them from other sections of
the national community and peoples in independent countries
who are regarded as indigenous on account of their descent.
Convention text (PDF): English
Website: [http://www.unhchr.ch/html/menu3/b/62.htm]
Draft Declaration on the Rights of Indigenous
Peoples
Draft Declaration text (PDF): English
Website: [http://www.unhchr.ch/html/menu2/ind_main.htm]
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| Labour Rights |
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Convention concerning Minimum Age for Admission
to Employment, 1973
Convention text (PDF): English
| French |
Spanish
Website:
[http://www.ilo.org/public/english/standards/ipec/publ/law/ilc/c1381973/]
International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their
Families (New York, 18 December 1990)
The globalisation of markets, information and technology,
as well as the liberalisation of many laws affecting individuals
mobility, has enabled vast movements of people on a scale
never seen before. The objective of this Convention
is to create international standards for the protection of
the human rights of migrant workers and their families as
all are vulnerable to abuse by virtue of the fact that they
are living in a foreign country.
Convention text (PDF): English
| French
Worst Forms of Child Labour Convention, 1999
The aim of the International Programme on the Elimination
of Child Labour (IPEC) is to work towards the progressive
elimination of child labour by strengthening national capacities
to address child labour problems, and by creating a worldwide
movement to combat it. Adoption and implementation of the
Convention is encouraged.
New estimates indicate that there are some 250 million children
between 5 and 14 years of age who are toiling in economic
activities in developing countries. Around 120 million of
them are working full time; the others combine work with schooling
or other non-economic activities.
While the relative number of children working in the mining
sector is low, approximately 1 percent of the total, the rate
of those affected by illness or injury is disproportionately
high: 1 in 5 girls and 1 in 6 boys.
Convention text (PDF): English
Website: [http://www.ilo.org/ipec]
See also the UN Convention on the
Rights of the Child.
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| Public Participation |
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Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in
Environmental Matters (Aarhus, Denmark, 1998)
The Convention recognises that adequate protection of the
environment is essential to human well-being and the enjoyment
of basic human rights, including the right to life itself.
It aims to ensure the rights of citizens to full information
on the environment in order to contribute to the protection
of the right of every person of present and future generations
to live in an environment adequate for his or her health and
well-being. The Convention establishes that sustainable development
can be achieved only through the involvement of all stakeholders
in society, by linking government accountability and environmental
protection. The Convention focuses on interactions between
civil society and public authorities and forges a new process
for public participation and transparency in the negotiation
and implementation of international agreements.
Mining and processing is specifically identified in Annex
1
Convention text (PDF): Arabic
| Chinese
| English
| French |
Russian |
Spanish
Website: [http://www.unece.org/env/pp/]
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| Transboundary Effects |
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Convention on the Transboundary Effects of
Industrial Accidents
The Convention aims at protecting human beings and the environment
against industrial accidents by preventing such accidents
as far as possible, by reducing their frequency and severity,
and by mitigating their effects.
Convention text: English
Website: [http://www.unece.org/env/teia/]
Convention on the Protection and Use of Transboundary
Watercourses and International Lakes
The Convention on the Protection and Use of Transboundary
Watercourses and International Lakes (Water Convention) is
intended to strengthen national measures for the protection
and ecologically sound management of transboundary surface
waters and groundwaters.
The Convention obliges Parties to prevent, control and reduce
water pollution from point and non-point sources.
The Convention also includes provisions for monitoring, research
and development, consultations, warning and alarm systems,
mutual assistance, institutional arrangements, and the exchange
and protection of information, as well as public access to
information.
Convention text (PDF): English
| French | Russian
Website: [http://www.unece.org/env/water/]
New Legally Binding Instrument on Civil Liability
for Transboundary Damage Caused by Hazardous Activities
At a joint special session, held in Geneva on 2-3 July 2001,
the Parties to the Convention on the Protection and Use of
Transboundary Watercourses and International Lakes and the
Parties to the Convention on the Transboundary Effects of
Industrial Accidents decided to enter into intergovernmental
negotiations aimed at adopting a legally binding instrument
on civil liability for transboundary damage caused by hazardous
activities.
An open-ended intergovernmental Working Group was established
with a mandate to draw up the above mentioned legally binding
instrument.
Website: [http://www.unece.org/env/civil-liability/]
Convention on Long-range Transboundary Air
Pollution
The Convention lays down the general principles of international
cooperation for air pollution abatement, and provides an institutional
framework linking science and policy.
The Convention on Long-range Transboundary Air Pollution
came into force in 1983. It has been extended by eight specific
protocols, of which the LRTAP Heavy Metals Protocol and the
LRTAP Persistent Organic Pollutants Protocol are of specific
interest for the mining sector.
Convention text (PDF): English
Heavy Metals Protocol (PDF): English
| French
Persistent Organic Pollutants Protocol (PDF): English
| French
Website: [http://www.unece.org/env/lrtap/]
Convention on Environmental Impact Assessment
in a Transboundary Context
The Convention on Environmental Impact Assessment
in a Transboundary Context stipulates the obligations of Parties
to assess the environmental impact of certain activities at
an early stage of planning. It also lays down the general
obligation of States to notify and consult each other on all
major projects under consideration that are likely to have
a significant adverse environmental impact across boundaries.
Convention text (PDF): English
Website: [http://www.unece.org/env/eia/]
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| Hazardous Substances including Waste |
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Rotterdam Convention on Prior Informed
Consent Procedures for Certain Hazardous Chemicals and Pesticides
in International Trade (PIC)
The objective of the Convention is to promote shared responsibility
and cooperation among Parties in international trade of certain
hazardous pesticides and chemicals, in order to protect human
health and the environment from potential harm.
The Convention renders the monitoring and controlling of
trade in dangerous substances more efficient and transparent.
In addition, the Convention strengthens the ability of importing
countries to decide which chemicals they wish to receive and
to exclude those they cannot manage safely. If trade does
take place, the Conventions requirements for labeling
and provision of information on potential health and environmental
effects will promote the safe use of such chemicals.
Convention Text (PDF): English
| French
Website: [http://www.pic.int]
Stockholm Convention on Persistent Organic
Pollutants (POPS)
The Stockholm Convention is intended to protect human health
and the environment from persistent organic pollutants (POPs).
Pops are chemicals that remain intact in the environment for
long periods, become widely distributed geographically, accumulate
in the fatty tissue of living organisms and are toxic to humans
and wildlife.
Convention Text (PDF): Arabic
| Chinese | English
| French | Russian
| Spanish
Website: [http://www.pops.int]
The Basel Convention on the Control
of Transboundary Movements of Hazardous Wastes and their Disposal
(Basel, 1989) and Amendment (Geneva, 1995)
The Basel Convention constitutes a response to the problems
caused by the annual worldwide production of hundreds of millions
of tons of hazardous wastes. These wastes are hazardous to
people and the environment because they are toxic, poisonous,
explosive, corrosive, flammable, eco-toxic, or infectious.
The Convention strictly regulates the transboundary movements
of hazardous wastes and obliges Parties to ensure that such
wastes are managed and disposed of in an environmentally sound
manner.
Convention text (PDF): Arabic
| Chinese | English
| French | Russian
| Spanish
Amendment text (PDF): English
Related documents of interest: Draft
technical guidelines on recycling/reclamation of metals
and metal compounds (PDF)
Website: http://www.basel.int
Basel Protocol on Liability and Compensation
for Damage Resulting from Transboundary Movements of Hazardous
Wastes and their Disposal (Basel, 1999)
The objective of the Protocol is to provide for a comprehensive
regime for liability as well as adequate and prompt compensation
for damage resulting from the transboundary movement of hazardous
wastes and other wastes, including incidents occurring because
of illegal traffic in those wastes.
Protocol text (PDF): English
| French
The Bamako Convention on the Ban of the Import
Into Africa and the Control of Transboundary Movement and
Management of Hazardous Wastes Within Africa (Bamako Convention,
1991)
The Bamako Convention (1991), adopted under the auspices
of the Organisation of Africa Unity (OAU) prohibited all hazardous
waste imports into Africa.
Convention text (PDF): English
Website: http://www.londonconvention.org/Bamako.htm
Lomé Convention for exports from EU
countries to African, Caribbean and Pacific countries (1989)
The Lomé IV Agreement, adopted in 1989, prohibited
all hazardous waste imports for any reason whether final disposal
or recycling, into the African, Caribbean and Pacific countries
made up of the former European colonies.
Website: [http://europa.eu.int/comm/development/body/cotonou/index_en.htm]
Waigani Treaty for Waste Imports into the
South Pacific (1995)
The Waigani Treaty for the South Pacific region prohibited
all imports of hazardous waste into Small Island developing
States, from other states.
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| Atmosphere |
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United Nations Framework Convention
on Climate Change (UNFCCC)
The objective of this Convention is to achieve stabilisation
of greenhouse gas concentrations in the atmosphere at a level
that would prevent dangerous anthropogenic interference with
the climate system. Such a level should be achieved within
a timeframe sufficient to allow ecosystems to adapt naturally
to climate change, to ensure that food production is not threatened,
to avoid adverse health effects and to enable economic development
to proceed in a sustainable manner.
Convention text (PDF): Arabic
|English | French
| Russian | Spanish
Website: [http://unfccc.int]
Kyoto Protocol to the UNFCCC
The Kyoto Protocol supplements and strengthens the Climate
Change Convention. The text of the Protocol was adopted at
the third session of the Conference of the Parties to the
UNFCCC in Kyoto, Japan, on 11 December 1997.
Kyoto Protocol text (PDF): Arabic
| Chinese | English
| French | Russian
| Spanish
The Montreal Protocol on Substances
that Deplete the Ozone Layer (Montreal
Protocol) and the Vienna Convention
The Montreal Protocol promotes the reduction and phase out
of the production and consumption of chlorofluorocarbons (CFCs),
halons, solvents, methyl bromide, HBFCs, and HCFCs that have
the potential to deplete the ozone layer.
Montreal Protocol text: English
(PDF) | French
(PDF) | Russia
(MS Word) | Spanish
(MS Word)
London Amendment text: English
(PDF)
Copenhagen Amendment text: English
(PDF)
Montreal Amendment text: English
(PDF)
Beijing Amendment text: English
(PDF)
Vienna Convention text (PDF): English
| French | Spanish
Website: http://www.unep.org/ozone/index.shtml
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| Wild Animal Species and their Habitat |
|
Convention on the Conservation of Migratory
Species of Wild Animals (Bonn Convention)
The Convention aims to conserve terrestrial, marine and avian
migratory species throughout their range.
Convention text (PDF): English
| French | German
| Spanish
Website: [http://www.wcmc.org.uk/cms/]
The Convention on Biological Diversity
(CBD)
The CBD promotes the conservation of biodiversity, the sustainable
use of the components of biodiversity, and the sharing of
the benefits arising from the commercial and other utilisation
of genetic resources in a fair and equitable way.
Convention text (PDF): Arabic
| Chinese | English
| French | Russian
| Spanish
Website: [http://www.biodiv.org]
The Ramsar Convention on Wetlands
(Ramsar)
The Ramsar Convention provides the framework for national
action and international cooperation for the conservation
and wise use of wetlands and their resources.
Convention text (PDF): English
Website: [http://www.ramsar.org]
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| Protected Areas |
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Convention Concerning the Protection of the
World Cultural and Natural Heritage (World Heritage Treaty)
The Convention defines the kind of natural or cultural sites
which can be considered for inclusion in the World Heritage
List, and sets out the duties of State Parties in identifying
potential sites and their role in protecting and preserving
them.
Convention text: Arabic
| English
| French
| Russian
| Spanish
Website: [http://whc.unesco.org/]
Documents outlining the relationship of mining and world
heritage areas include:
Report of the technical workshop on
"World Heritage and Mining" / Rapport de latelier
technique "Patrimoine mondial et l'exploitation minière"
(English PDF
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PDF) - 24th extraordinary session of the Bureau of the
World Heritage Committee, Switzerland, Doc. code: WHC.2000/CONF.203/INF.7,
21-23 September 2000. - The report features 10 principles
agreed upon to underpin the relationship between mining
and World Heritage interests.
Report of the twenty-fourth session
of the World Heritage Committee / Rapport de la vingt-quatrième
session du Comité du patrimoine mondial (English
PDF | Français
PDF) - 24th session of the Committee, Cairns, Australia,
Doc code: WHC.2000/CONF.204/21, 27 November - 2 December
2000. - Of specific interest is Annex 15: Recommendations
of the Technical Workshop on World Heritage and Mining,
held at IUCN Headquarters (Gland, Switzerland), 21-23 September
2000.
More documents are listed under the UNESCO
section of this CD-Rom.
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| Oceans, Seas and Water |
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The United Nations Convention on the
Law of the Sea (UNCLOS)
The UNCLOS lays down a comprehensive regime of law and order
for the world's oceans and seas, establishing rules governing
all uses of the oceans and seas and their resources. It enshrines
the notion that all problems of ocean space are closely interrelated
and need to be addressed as a whole.
Convention text (PDF): English
| French
Website: [http://www.un.org/Depts/los/]
Agreement relating to the implementation of
Part XI of the United Nations Convention on the Law of the
Sea
(New York, 28 July 1994)
The Agreement relating to the implementation of Part XI of
the UNCLOS is intended to address certain difficulties relating
to the seabed mining provisions contained in Part XI of the
Convention. These difficulties were raised, primarily, by
the industrialised countries.
Agreement text (PDF): English
| French
International Seabed Authority
The International Seabed Authority is the organisation through
which parties to the Convention on the Law of the Sea organise
and control activities, including mining, beyond the limits
of national jurisdiction with particular regard to the administering
of resources. Mineral resources within 200 miles of the coastline
are generally under the exclusive control of the coastal state.
Outside this area, they are to be treated as global commons
with the benefits of mining and other activities being shared
amongst all nations.
Website: [http://www.isa.org.jm/]
Documents:
The following documents are available:
Regulations
on Prospecting and Exploration for
Polymetallic Nodules in the Area (PDF) - 2000.
Considerations
relating to the regulations for prospecting and exploration
for hydrothermal polymetallic sulphides and cobalt-rich
ferromanganese crusts in the Area (PDF) - 2001. A
brief summary of discussions on a possible regime for
prospecting and exploration for polymetallic sulphides
and cobalt crusts.
Recommendations
for the guidance of the contractors for the assessment
of the possible environmental impacts arising from exploration
for polymetallic nodules in the Area (PDF) - 2001.
A variety of documents and publications are only available
for order from the Authority's website, including:
The Development of the Regime for Deep
Seabed Mining
Deep Seabed Polymetallic Nodule
Exploration: Development of Environmental Guidelines
- Proceedings of the International Seabed Authority's
Workshop held in Sanya, Hainan Island, People's Republic
of China, 1-5 June 1998.
Proposed Technologies for Deep Seabed
Mining of Polymetallic Nodules - Proceedings of
the International Seabed Authority's Workshop, Kingston,
Jamaica, August 3-6, 1999.
Global Programme of Action for the Protection
of the Marine Environment from Land-based Sources
The Global Programme of Action for the Protection of the
Marine Environment from Land-based Sources (GPA) is designed
to be a source of conceptual and practical guidance to be
drawn upon by national and/or regional authorities for devising
and implementing sustained action to prevent, reduce, control
and/or eliminate marine degradation from land-based activities.
This is to be accomplished by facilitating the duty of states
to preserve and protect the marine environment.
The GPA and the Washington Declaration were adopted in 1995.
One hundred and eight governments and the European Commission
have declared their commitment.
GPA Text (PDF): English
Washington Declaration text (PDF): English
Website: [http://www.gpa.unep.org/]
Regional Seas Treaties Programme
The Regional Seas Programme is developing the Convention
on the Law of the Sea through 14 regional conventions protecting
seas - including the South Pacific, Mediterranean, Baltic,
Persian Gulf, Red Sea, Caribbean, and East African Ocean -
from pollution. As of January 2000, there were 17 regional
programmes in existence.
The Treaties are likely to affect regulation relating to
mining pollution in river systems that drain into these regional
seas.
Website: [http://www.unep.ch/seas/index.html]
Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter (London Convention)
The London Convention promotes control of all sources of
marine pollution and prevents pollution of the sea through
regulation of dumping of waste materials into the sea. The
full text of the convention:
Convention text (MS Word): English
Website: http://www.londonconvention.org
Paris Convention for the Prevention of Marine
Pollution from Land-Based Sources (1974)
Applies to parts of the North Sea, Atlantic Ocean and Arctic
Ocean.
Convention text (PDF): English
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| Antarctica |
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Antarctic
Treaty
The primary purpose of the Antarctic Treaty is to ensure
"...in the interests of all mankind that Antarctica shall
continue forever to be used exclusively for peaceful purposes
and shall not become the scene or object of international
discord.". The Treaty applies to the area south of latitude
60° South, including all ice shelves and islands.
The Treaty is augmented by recommendations adopted at consultative
meetings: the Protocol on Environmental Protection to the
Antarctic Treaty (Madrid 1991); and two conventions dealing
with the Conservation of Antarctic Seals (London 1972); and
the Conservation of Antarctic Marine Living
Resources (Canberra 1980).
An additional convention, the Convention
on the Regulation of Antarctic Mineral Resource Activities
(Wellington 1988), negotiated between 1982 and 1988, will
not come into force.
The Scientific Committee on Antarctic Research (SCAR) [http://www.scar.org/],
a committee of the International Council for Science, is charged
with the initiation, promotion and co-ordination of scientific
research in Antarctica. SCAR also provides international,
independent scientific advice to the Antarctic Treaty system.
Antarctic Treaty text (PDF): English
Protocol on Environmental Protection to the Antarctic
Treaty (1991) text (PDF): English
There is no official Antarctic Treaty website. Information
on the Treaty and related Conventions and Protocols is available
from a variety of signatory governments, for example the British
Antarctic Survey website: [http://www.antarctica.ac.uk/About_Antarctica/Treaty/index.html]
Convention on the Conservation of Antarctic
Marine Living Resources (CCAMLR)
The CCAMLR was established in response to concerns that increasing
krill catches in the Southern Ocean could have a serious effect
on the populations of krill and other marine life (such as
birds, seals and fish) that depend on krill as a source of
food. The aim of the Convention is to conserve marine life
of the Southern Ocean, though it does not exclude harvesting
carried out in a rational manner.
Convention text (PDF): English
Website: [http://www.ccamlr.org/]
Convention on the Regulation of Antarctic
Mineral Resource Activities
The Convention on the Regulation of Antarctic Mineral Resource
Activities (Wellington 1988), negotiated between 1982 and
1988, will not enter into force. The treaty would have set
up a commission consisting of the Consultative Parties with
power to designate approved mining areas, grant permits, and
regulate operations in a similar fashion to the International
Seabed Authority. See the Antarctic
Treaty.
Convention text (PDF): English
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| Outer Space |
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Treaty on Principles Governing the Activities
of States in the Exploration and Use of Outer Space, Including
the Moon and Other Celestial Bodies (1967)
No explicit mention of mining activities is made in the treaty.
Treaty text (PDF): English
Website: [http://www.oosa.unvienna.org/SpaceLaw/]
Agreement Governing the Activities of
States on the Moon and Other Celestial Bodies (the Moon Treaty)
(1979)
Contains provision in Article 11(5) for the future creation
of an international regime '...to govern the exploitation
of the natural resources of the moon as such exploitation
is about to become feasible'.
Agreement text (PDF): Arabic
| Chinese
| English
| French |
Russian |
Spanish
Website: [http://www.oosa.unvienna.org/SpaceLaw/]
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| Judicial |
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International Court of Justice (ICJ)
The ICJ has been established to settle disputes between states
and provide advisory opinions on legal questions referred
to it by international organisations. The Court decides in
accordance with international treaties and conventions in
force, international custom, the general principles of law
and, as subsidiary means, judicial decisions and the teachings
of the most highly qualified publicists.
Website: [http://www.icj-cij.org/]
International Criminal Court (ICC)
The ICC has been established to investigate and prosecute
individuals accused of crimes against humanity, genocide,
and crimes of war. The ICC complements existing national judicial
systems and will intervene only if national courts are unwilling
or unable to investigate or prosecute such crimes. The ICC
will also assist in defending the rights of those (such as
women and children) who often have little recourse to justice.
Website: [http://www.un.org/law/icc/]
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