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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 in relation to environmental, social and economic norms.

In comparison to laws at the national level, international law typically lacks conventional enforcement mechanisms typically 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, increasingly globalised in nature.

In response to sustained criticism, recent initiatives at the global level have lead 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

The international law area is rapidly evolving with new treaties, conventions, codes, etc. being proposed and old modified. As such, the following information is provided simply as a guide to 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 international law references may appear under several categories.


 

United Nations

 

United Nations Charter

Charter of the United Nations

The Charter establishing the international organization to be known as the United Nations. Signed at San Francisco, USA, on 26 June 1945.

Charter text (PDF): English
Website: [http://www.un.org/aboutun/charter/]

 

 

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Sustainable Development

 

Stockholm Declaration

The Stockholm Declaration, providing principles to guide in the preservation and improvement of the human environment, was pronounced at the United Nations Conference on the Human Environment held in Stockholm from 5 to 16 June 1972.

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, 3 to 14 June 1992.

Agenda 21 is a comprehensive plan of action to be taken globally, nationally and locally by organizations of the United Nations System, Governments, and major groups in every area in which human impacts 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 from 6 to 8 September 2000.  The Summit agreed on a process for fundamental review of the role of, and challenges facing the United Nations 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

 

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 a national and international level 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)

The 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)

The classification system determines the procedure of some geological operations related to coal seam evaluation.

 

The International Codification System for Low-grade Coal Utilization (2002)

The codification system is intended to help coal users select different types of solid fuels and optimize the combustion process of the thermal power sector.

 

 

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Corporate Social Responsibility

 

The Global Compact

The Global Compact seeks to advance responsible corporate citizenship through collective action, so that business can contribute to solutions for 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.


Website: [http://www.globalreporting.org]

 

ISO 9000 Quality Management System and ISO 14000 Environmental Management System

The International Organization for Standardization (ISO) 9000 Quality Management System and the ISO 14000 Environmental Management System are generic management systems that can be applied to any organization, 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". This means what the organization does to enhance customer satisfaction by meeting customer and applicable regulatory requirements and continually to improve its performance in this regard.

ISO 14000 is primarily concerned with "environmental management". This means what the organization does to minimize harmful effects on the environment caused by its activities, and continually to improve its environmental performance.

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 Organization for Standardization (ISO) Committee for Consumer Policy (COPOLCO) has established a multi-stakeholder strategic advisory group to further explore whether the 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/daf/investment/guidelines/]

 

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]

 

OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

The Organisation for Economic Cooperation and Development (OECD) Convention on Comabting Bribery was adopted in November 1997.

Website: [http://www.oecd.org/EN/about/0,,EN-about-88-3-no-no-no-88,00.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 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 was adopted as a result of extensive consultations and negotiation between representatives of governments, employers' and workers' organizations 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. The observance of these voluntary guidelines enhances the contributions the 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.

 

Voluntary Code of Conduct for Transnational Corporations

Preparation of the Code was begun by the United Nations Center on Transnational Corporations (UNCTC) and has since been abandoned.

 

Basic Principles on the Use of Force and Firearms by Law Enforcement Officials

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.

Website: [http://193.194.138.190/html/menu3/b/h_comp43.htm]

 

Code of Conduct for Law Enforcement Officials

Adopted by General Assembly resolution 34/169 of 17 December 1979

Website: [http://193.194.138.190/html/menu3/b/h_comp42.htm]

 

United Nations Declaration Against Corruption and Bribery in International Commercial Transactions

The Declaration was adopted in December 1996.

Website: [http://www.un.org/documents/ga/res/51/a51r191.htm]

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Human Rights

 

Universal Declaration of Human Rights

Declaration text (PDF): Arabic | Chinese | English | French | Russian | Spanish |
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 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 globalization of markets, information and technology, as well as the liberalization 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. 

The reasons individuals migrate vary greatly.  Some individuals migrate in order to escape desperate conditions in their home countries, such as war or famine.  Others seek better living conditions in countries where economic opportunities seem to be more abundant or more equitable. 

However, all migrant workers are vulnerable to abuse by virtue of the fact that they are living in a foreign country. In fact, many fall victim to human traffickers who recruit them under false pretences and some are even held against their will under slavelike conditions.

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

 

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://ilolex.ilo.ch:1567/scripts/convde.pl?C169]

 

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

 

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 globalization of markets, information and technology, as well as the liberalization 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. 

The reasons individuals migrate vary greatly.  Some individuals migrate in order to escape desperate conditions in their home countries, such as war or famine.  Others seek better living conditions in countries where economic opportunities seem to be more abundant or more equitable. 

However, all migrant workers are vulnerable to abuse by virtue of the fact that they are living in a foreign country. In fact, many fall victim to human traffickers who recruit them under false pretences and some are even held against their will under slavelike conditions.

Convention text (PDF): English | French

 

Worst Forms of Child Labour Convention, 1999

The International Programme on the Elimination of Child Labour (IPEC) aim 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. They encourage the adoption and implementation of the Convention.

New estimates indicated that there are some 250 million children 5-14 years old who are toiling in economic activity in developing countries. For close to one-half of them (or 120 million), this work is carried out on a full time basis, while for the remaining one-half it is combined with schooling or other non-economic activities.

While the relative number of children working in the mining sector is low, approximately 1% of the total, the rate of those affected by illness or injury is disproportionally high at 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

Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus, Denmark, 1998)

The Convention recognizes 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 to 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 the 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

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 of 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 at 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 that an intergovernmental negotiation process should be entered into 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 entered into force in 1983. It has been extended by eight specific protocols, of specific interest for the mining sector are the LRTAP Heavy Metals Protocol and the LRTAP Persistent Organic Pollutants Protocol.

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

 

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 Convention’s requirements for labelling 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 Tranboundary Movements of Hazardous Wastes and their Disposal (Basel, 1989) and Amendment (Geneva, 1995)

The Basel Convention is in 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 Lome 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

 

United Nations Framework Convention on Climate Change (UNFCCC)

The objective of this Convention is to achieve stabilization 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 has the same ultimate objective as the United Nations Framework Convention on Climate Change (UNFCCC), which is the stabilization of atmospheric concentrations of greenhouse gases at a level that would prevent dangerous anthropogenic interference with the climate system.  Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. 

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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Land Degradation

 

UN Convention to Combat Desertification (UNCCD)

The convention is implemented through action programmes addressing the underlying causes of desertification and drought.

Convention text (PDF): Arabic | Chinese | English | French | Russian | Spanish
Convention Annex 5 text (PDF): Arabic | Chinese | English | French | Russian | Spanish
Website: [http://www.unccd.int]

 

 

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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 Convention promotes the conservation of biodiversity, the sustainable use of the components of biodiversity, and the sharing the benefits arising from the commercial and other utilization 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

 

Convention Concerning the Protection of the World Cultural and Natural Heritage - 1972. (World Heritage Treaty)

The Convention defines the kind of natural or cultural sites which can be considered for inscription on 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 l’atelier technique "Patrimoine mondial et l'exploitation minière" (English PDF | Français 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.

 

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Oceans, Seas and Water

 

The United Nations Convention on the Law of the Sea (UNCLOS)

The United Nations Convention on the Law of the Sea 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 United Nations Convention on the Law of the Sea is intended to address certain difficulties with the seabed mining provisions contained in Part XI of the Convention, that had been raised, primarily by the industrialized countries.

Agreement text (PDF): English | French

 

International Seabed Authority

The International Seabed Authority is the organization through which parties to the Convention on the Law of the Sea organize and control activities, including mining, beyond the limits of national jurisdiction particularly with 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 areas are to be treated as global commons with the benefits of mining and other activities to be 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 and 108 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 from pollution, including the South Pacific, Mediterranean, Baltic, Persian Gulf, Red Sea, Caribbean, and East African Ocean. 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 into the sea of waste materials. 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

 

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 60° South Latitude, 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 enter into force.

Scientific Committee on Antarctic Research (SCAR) [http://www.scar.org/]- A committee of the ICSU, the International Council for Science, 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 Convention 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, who 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 aslo the Antarctic Treaty.

Convention text (PDF): English

 

 

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Outer Space

 

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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Trade

 

World Trade Organization (WTO)

The World Trade Organization (WTO) deals with the rules of trade between nations. The organizations mandate is governed by the WTO agreements, negotiated and signed by the majority of the world’s trading nations and ratified in their parliaments. The goal of the organization is to help producers of goods and services, exporters, and importers conduct their business.

A partial listing of the WTO Agreement and its Annexes is provided below. For the complete text please visit the WTO website.

Agreement text - partial listing (English PDF):

Agreement Establishing the World Trade Organization

Annex 1A - Multilateral Agreements on Trade in Goods

GATT 1994
Technical Barriers to Trade
Trade-Related Investment Measures (TRIMs)
Anti-dumping (Article VI of GATT 1994)
Customs valuation (Article VII of GATT 1994)
Subsidies and Countervailing Measures

Annex 1B - General Agreement on Trade in Services (GATS)

Annex 1C - Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Uruguay Round ministerial decisions and declarations
Decisions adopted by the Trade Negotiations Committee on 15 December 1993 and 14 April 1994

Measures in favour of least-developed countries
Decision on Trade and Environment

Guide to the Uruguay Round Agreements: Part Five - Developing countries in the WTO system

Website: [http://www.wto.org/]

 

WTO Doha Declaration

The November 2001 declaration of the Fourth Ministerial Conference of the World Trade Organization (WTO) in Doha, Qatar, provides the mandate for negotiations on a range of subjects and other work, including issues concerning the implementation of the present agreements.

Declaration text (PDF): English

 

 

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Judicial

 

International Court of Justice (ICJ)

The International Court of Justice (ICJ) has been established to settle disputes between States and provide advisory opinions on legal questions referred to it by International organs and agencies. 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

The International Criminal Court (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 defend the rights of those, such as women and children, who have often had little recourse to justice.

Website: [http://www.un.org/law/icc/]

 

 

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