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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 |
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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 |
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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 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 |
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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
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 |
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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 |
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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://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 |
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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 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 |
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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 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 |
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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 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 |
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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 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 |
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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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| Wild Animal Species
and their Habitat |
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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 |
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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 latelier 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
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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 |
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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 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 |
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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 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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