Module 6:

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Developing legal and institutional frameworksfor
invasive alien species
Module 6 legal frameworks for cooperation beyond
national borders
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what this module covers

• the legal mandate for transboundary cooperation
• cooperation provisions under international
  instruments
• incorporating IAS into regional processes
• components of regional cooperation and
  collaboration
• interface between national regulations and the
  international trade regime

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international mandate for transboundary
cooperation on IAS

• scope of the duty to avoid transboundary harm?
• core of the obligation is to exercise due
  diligence in taking appropriate measures to
  prevent or minimise the risk of transboundary
  harm
• States to act reasonably and in good faith and
  ensure that public and private activities within
  its jurisdiction and control do not cause
  environmental harm (a) in other States (b) in
  areas beyond national jurisdiction

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cooperation requirements under global instruments
addressing IAS
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The CBD...

• requires co-operative approaches to underpin
  national legal frameworks
• specifically mandates consideration of
  cross-border impacts, including through EIA
  procedures
• States should recognize the risk that activities
  within their jurisdiction or control may pose to
  other States as a potential source of IAS (GP4
  4)
• A States response may require a cooperative
  effort between two or more countries (GP9 4)

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The IPPC...

• framework for international co-operation to
  prevent introduction of pests of plants and plant
  products and promote measures for their control
• may cover all IAS that meets its definition of
  pest and cause direct/indirect damage to wild
  plants/the natural environment
• mandates information-sharing and reporting of
  incursions
• mechanisms for regional harmonisation

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addressing IAS through existing regional processes

• depending on their focus, can contribute to
  mainstreaming IAS, especially where
• ecosystems are shared
• co-operative arrangements between different
  bodies in the region are already operational
• national capacity is limited resources and
  expertise can be pooled

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AFRICAN CONVENTION ON THE CONSERVATION OF
NATURE AND NATURAL RESOURCES Maputo, Mozambique
(11 July 2003) Amending 1968 Algiers Convention
Art. VIII.1.(b) The Parties shall take all
necessary measures for the protection,
conservation, sustainable use and rehabilitation
of vegetation cover. To this end they shall b)
take concrete steps or measures to control fires,
forest exploitation, land clearing for
cultivation, grazing by domestic and wild
animals, and invasive species Article XXII.
CO-OPERATION Parties shall co-operate between
themselves and, where appropriate and possible,
with other States 2.e) whenever a natural
resource or an ecosystem is transboundary, the
Parties concerned shall undertake to cooperate in
the conservation, development and management of
such resource or ecosystem and if the need
arises, set up interstate commissions for their
conservation and sustainable use 2.f) the
Parties shall, prior to the export of hazardous
substances, or of alien or modified organisms,
undertake to secure the prior informed consent of
the importing, and where appropriate, transit
States.
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IAS and the Southern African Development
Community (SADC)

• Integrated Committee of Ministers oversees
  coordination and harmonisation e.g. in trade and
  industry, food, agriculture and natural resource
  sectors
• IAS prevention and cooperation referenced in
  Fisheries Protocol 2001, Forestry Protocol 2002
• SADC Biodiversity Support Programme co-ordinating
  IAS guidelines for the region
• national SADC committees can support IAS
  programmes e.g. Swaziland SADC committee has
  assisted development of an IAS database and
  establishment of coordination structures to deal
  with IAS

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components for regional cooperation and
collaboration

• sharing of information and expertise
• standard setting and harmonisation
• EIA and prior notification
• regional strategy development
• institutional support for capacity-building

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sharing of information

• types of information to be shared
• development of inventories and databases
  including species (native introduced)
  distribution data
• incident lists and case studies
• potential threats to neighbouring countries
• information on taxonomy, ecology and genetics of
  IAS
• prevention and control methods where available
• national and regional guidelines
• national import regulations and treatment rules
• national pathway measures

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regional standard setting and harmonisation
example European and Mediterranean Plant
Protection Organisation (EPPO) Council
recommendation on plants for renewable energy and
Invasive Alien Plants (09/2007)
The energy strategies of several EPPO countries
recommend planting bioenergy crops some
recommended plants are included in the EPPO List
of Invasive Alien Plants (IAPs).
 
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EIA and prior notification
mandated under Maputo Convention and SADC
Fisheries Protocol 2001

• a SADC State party must not introduce exotic
  species or genetically modified species to shared
  aquatic ecosystems, including the full extent of
  the river basin, unless the affected State
  parties agree to the introduction. State parties
  are also required to establish standard
  guidelines and regulations for the application of
  environmental impact assessments.

(Leigh 2003)
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interface between national regulations and the
international trade regime

• World Trade Organisation rules and disciplines
  established by a series of agreements, including
• Goods GATT (General Agreement on Trade and
  Tariffs) as elaborated upon by WTO-SPS and TBT
  Agreements
• Service GATS (General Agreement on Trade in
  Services)
• Intellectual Property TRIPS (Agreement on
  Trade-Related Aspects of Intellectual Property
  Rights)

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World Trade Organisation basic rules
1994 Uruguay Round of Agreements aim to avoid
disguised barriers to trade. Not directly
concerned with environment
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WTO Agreement on the Application of Sanitary and
Phytosanitary Measures

• international framework to avoid measures for the
  protection of human, animal or plant health or
  life against risks from entry, establishment or
  spread of pests, diseases or disease-causing
  organisms being used as disguised barriers to
  trade
• promotes harmonisation recognises 3
  standard-setting organisations incl. IPPC and
  OIE. No specifically environmental
  standard-setting body

• national SPS measures may be applied to extent
  necessary to protect these objectives, based on
  scientific principles and justified by risk
  assessment if not based on international
  standards.
• not to be maintained without sufficient
  scientific evidence (Art 2.2)

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use of precaution risk assessment in national
measures

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design indicators when no standard available
or a stricter measure required
national SPS measures that prohibit entry or
impose other trade-related restrictions must
be non-discriminatory and transparent consisten
t (e.g across different pathways by which same
pest could be introduced between national/intl
trade) as least-trade restrictive as possible
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thank you