나고야의정서 의무준수위원회의 운영체제의 효과성에 관한 연구

초록

One of the most essential elements for the proper operation of an international treaty will be the establishment of compliance mechanism to examine each Party's fulfillment of its obligations in the international treaty. Most of Compliance Mechanism include objective, legal nature, underlying principles; institutional mechanisms such as composition and functions of the Committee; triggering procedures; information for and consideration by the Committee after triggering of the procedure; scope of measures to promote compliance and address cases of non-compliance. The objective of the compliance procedures and mechanisms is, just like referred to in Article 30 of the Protocol, to promote compliance with the provisions of the Protocol and to address cases of non-compliance. Therefore, its legal nature is non-adversarial, cooperative, simple, expeditious, advisory, facilitative, flexible and cost-effective, which do not escape from those found in the other multilateral environmental agreements. One of the features in Compliance Mechanisms of the Protocol can be found in the composition of Compliance Committee. The Compliance Committee is composed of 15 members and additional two non-voting observers representing Indigenous Peoples and Local Communities(IPLC) which are entitled to participate in the considerations and elaborations of the Committee. This feature comes from the unique provisions of the Protocol which recognize the right of sharing the benefits arising from the utilization of traditional knowledge associated with genetic resources held by IPLC, similarly to the right of the Party to genetic resources. Another feature is that the COM-MOP may decide on any other measures, as appropriate, in accordance with Article 26, paragraph 4 of the Protocol and applicable rules of international law, bearing in mind the need for serious measures in cases of grave or repeated non-compliance. These serious measures could include the suspension of rights provided for in the Protocol.

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