and represents the legal framework of the Action Plan for managing the Natural
Resources and Environment of the South Pacific. It constitutes the Pacific region
component of the UNEP’s Regional Seas Programme. It entered into force with the
Dumping Protocol and the Emergencies Protocol in 1990. The Protocol for the
Prevention of Pollution of the South Pacific Region by Dumping was amended in
2006. The Protocol on Emergencies was superseded by the Protocol on Oil Pollution
Preparedness, Response and Cooperation in the Pacific Region and Protocol on
Hazardous and Noxious Substances Pollution, Preparedness, Response and Cooperation in the Pacific Region of 15 March 2000.
123
4.3.8 Features of RECs
The general rules set forth in RECs have been developed and enhanced by protocols
on respective concrete issues. While earlier protocols mainly focused on the prevention and control of marine pollution, new protocols on the protection of biological diversity are adopted in response to the development of the idea of environment.
It should also be noted that all RECs establish a certain mechanism for the implementation of rules and measures under that convention. Internal organ/organs are
designated with the power to ensure the implementation of the rules and measures
decided under the Convention and State Parties are under an obligation to take
effective measures for implementation of and compliance with them. In some
conventions, the measures for implementation are specifically provided in the
Convention and an internal organ is endowed with the power to consider reports
submitted by State Parties on the measures they have taken to comply with the
obligations under the convention.
124
As far as the structure under RECs is concerned, while the OSPAR Convention
and HELCOM Convention establish formal REOs with internal organs,
125 most
RECs establish REAs rather than REOs with less formal institution and the Conferences or Meetings of the Parties play the role as a plenary organ. While a Secretariat
is established under many RECs, some of them designate the role of the Secretariat
to the UNEP.
126 It is also necessary to note that in Asia the arrangements not based
123 See https://www.sprep.org/convention-secretariat/noumea-convention. The text of the Convention is available at http://www.sprep.org/attachments/NoumeConventintextATS.pdf. The text of the
amended Protocol on Dumping is available at https://www.sprep.org/attachments/Legal/
SPREPDumpingProtocolamended.doc. The texts of the new protocols are respectively available
at https://www.sprep.org/convention-secretariat/noumea-convention.
124 For example, in Tehran Convention, the Conference of the Parties is endowed with the competence to ensure the implementation of the conventional rules (Art. 22) and the Secretariat is
established by this convention (Art. 23), supra note 107.
125 HELCOM, supra notes 110–11 and OSPAR, supra note 106.
126 For example, in Nairobi Convention the UNEP is designated as the secretariat of this Convention
and the Meetings of the Contracting Parties is designed to play a principal role in this mechanism,
supra note 99 et seq.
2 Implementation of the Rules of the UNCLOS Through Universal and Regional. . .
33
Resources and Environment of the South Pacific. It constitutes the Pacific region
component of the UNEP’s Regional Seas Programme. It entered into force with the
Dumping Protocol and the Emergencies Protocol in 1990. The Protocol for the
Prevention of Pollution of the South Pacific Region by Dumping was amended in
2006. The Protocol on Emergencies was superseded by the Protocol on Oil Pollution
Preparedness, Response and Cooperation in the Pacific Region and Protocol on
Hazardous and Noxious Substances Pollution, Preparedness, Response and Cooperation in the Pacific Region of 15 March 2000.
123
4.3.8 Features of RECs
The general rules set forth in RECs have been developed and enhanced by protocols
on respective concrete issues. While earlier protocols mainly focused on the prevention and control of marine pollution, new protocols on the protection of biological diversity are adopted in response to the development of the idea of environment.
It should also be noted that all RECs establish a certain mechanism for the implementation of rules and measures under that convention. Internal organ/organs are
designated with the power to ensure the implementation of the rules and measures
decided under the Convention and State Parties are under an obligation to take
effective measures for implementation of and compliance with them. In some
conventions, the measures for implementation are specifically provided in the
Convention and an internal organ is endowed with the power to consider reports
submitted by State Parties on the measures they have taken to comply with the
obligations under the convention.
124
As far as the structure under RECs is concerned, while the OSPAR Convention
and HELCOM Convention establish formal REOs with internal organs,
125 most
RECs establish REAs rather than REOs with less formal institution and the Conferences or Meetings of the Parties play the role as a plenary organ. While a Secretariat
is established under many RECs, some of them designate the role of the Secretariat
to the UNEP.
126 It is also necessary to note that in Asia the arrangements not based
123 See https://www.sprep.org/convention-secretariat/noumea-convention. The text of the Convention is available at http://www.sprep.org/attachments/NoumeConventintextATS.pdf. The text of the
amended Protocol on Dumping is available at https://www.sprep.org/attachments/Legal/
SPREPDumpingProtocolamended.doc. The texts of the new protocols are respectively available
at https://www.sprep.org/convention-secretariat/noumea-convention.
124 For example, in Tehran Convention, the Conference of the Parties is endowed with the competence to ensure the implementation of the conventional rules (Art. 22) and the Secretariat is
established by this convention (Art. 23), supra note 107.
125 HELCOM, supra notes 110–11 and OSPAR, supra note 106.
126 For example, in Nairobi Convention the UNEP is designated as the secretariat of this Convention
and the Meetings of the Contracting Parties is designed to play a principal role in this mechanism,
supra note 99 et seq.
2 Implementation of the Rules of the UNCLOS Through Universal and Regional. . .
33