4.3 Regime Framing
International treaties could be very differently conceptualized. One concept is to
include all relevant provisions in one piece of legislation. The IUCN proposal for a
soil treaty is based on this concept.
82
Another concept is to have a convention with an enabling clause for protocols.
The CBD and the UNFCCC are structured this way. The protocols are however
independent international treaties and do not form an integral part of their framework
conventions and therefore have to be ratified individually.
Thirdly, a convention could entail fundamental provisions like objectives, principles, obligations and procedural rules. In Annexes to the convention, specific aspects
which are relevant in a specific field could be regulated. The already mentioned
London Protocol follows this approach. The objective, principles and general obligations are regulated in the main body of the instruments. Annex 1 foresees the waste
categories which may be considered for dumping. Annex 2 entails the criteria for the
assessment of dumping activities. Amendments to the Annexes “shall be adopted by a
two-thirds majority vote of the Contracting Parties present and voting at a Meeting of
Contracting Parties” pursuant to Article 22 Paragraph 2 London Protocol. Amendments enter into force after 100 days after its adoption for all Contracting Parties
except for those which submit a declaration of non-acceptance.
The substantial advantages of this concept would be that the amendments to
annexes do not have to be ratified. Amendments could be adopted and enter into
force by vote of Contracting Parties. Each state would still have the option to opt-out
for amendments which the state does not deem to be suitable or appropriate for their
national situation.
For international soil governance, the envisaged convention could contain more
general provisions. In annexes, provisions for the specific drivers and for the relevant
threat could be included. Such a concept would allow to agree on a general political
outline and to develop the specifics with respect to drivers and threats over time.
Moreover, this concept would allow to review and update the driver and threat
specific provisions periodically and to adjust them to increasing knowledge.
5 Conclusions
Good governance for sustainable management of soils—such a demanding task.
The chapter has shown that sustainable management of soils is a global challenge
because soils provide very important ecological services. With the sustainability
agenda of 2015 and other international agreements this statement was also endorsed
by world community.
82 IUCN Draft Protocol on security and sustainable use of soils, Sept 2009, by IUCN Commission
on Environmental Law Specialist Group on Sustainable Use of Soils and Desertification.
Good Governance for “Sustainable Management of Soil” on. . .
51
International treaties could be very differently conceptualized. One concept is to
include all relevant provisions in one piece of legislation. The IUCN proposal for a
soil treaty is based on this concept.
82
Another concept is to have a convention with an enabling clause for protocols.
The CBD and the UNFCCC are structured this way. The protocols are however
independent international treaties and do not form an integral part of their framework
conventions and therefore have to be ratified individually.
Thirdly, a convention could entail fundamental provisions like objectives, principles, obligations and procedural rules. In Annexes to the convention, specific aspects
which are relevant in a specific field could be regulated. The already mentioned
London Protocol follows this approach. The objective, principles and general obligations are regulated in the main body of the instruments. Annex 1 foresees the waste
categories which may be considered for dumping. Annex 2 entails the criteria for the
assessment of dumping activities. Amendments to the Annexes “shall be adopted by a
two-thirds majority vote of the Contracting Parties present and voting at a Meeting of
Contracting Parties” pursuant to Article 22 Paragraph 2 London Protocol. Amendments enter into force after 100 days after its adoption for all Contracting Parties
except for those which submit a declaration of non-acceptance.
The substantial advantages of this concept would be that the amendments to
annexes do not have to be ratified. Amendments could be adopted and enter into
force by vote of Contracting Parties. Each state would still have the option to opt-out
for amendments which the state does not deem to be suitable or appropriate for their
national situation.
For international soil governance, the envisaged convention could contain more
general provisions. In annexes, provisions for the specific drivers and for the relevant
threat could be included. Such a concept would allow to agree on a general political
outline and to develop the specifics with respect to drivers and threats over time.
Moreover, this concept would allow to review and update the driver and threat
specific provisions periodically and to adjust them to increasing knowledge.
5 Conclusions
Good governance for sustainable management of soils—such a demanding task.
The chapter has shown that sustainable management of soils is a global challenge
because soils provide very important ecological services. With the sustainability
agenda of 2015 and other international agreements this statement was also endorsed
by world community.
82 IUCN Draft Protocol on security and sustainable use of soils, Sept 2009, by IUCN Commission
on Environmental Law Specialist Group on Sustainable Use of Soils and Desertification.
Good Governance for “Sustainable Management of Soil” on. . .
51