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6B - Non-Compliance Procedure

Published online by Cambridge University Press:  05 June 2012

Philippe Sands
Affiliation:
University College London
Paolo Galizzi
Affiliation:
University of London
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Summary

The following procedure has been formulated pursuant to Article 8 of the Montreal Protocol. It shall apply without prejudice to the operation of the settlement of disputes procedure laid down in Article 11 of the Vienna Convention.

1. If one or more Parties have reservations regarding another Party's implementation of its obligations under the Protocol, those concerns may be addressed in writing to the Secretariat. Such a submission shall be supported by corroborating information.

2. The Secretariat shall, within two weeks of its receiving a submission, send a copy of that submission to the Party whose implementation of a particular provision of the Protocol is at issue. Any reply and information in support thereof are to be submitted to the Secretariat and to the Parties involved within three months of the date of the despatch or such longer period as the circumstances of any particular case may require. If the Secretariat has not received a reply from the Party three months after sending it the original submission, the Secretariat shall send a reminder to the Party that it has yet to provide its reply. The Secretariat shall, as soon as the reply and information from the Party are available, but not later than six months after receiving the submission, transmit the submission, the reply and the information, if any, provided by the Parties to the Implementation Committee referred to in paragraph 5, which shall consider the matter as soon as practicable.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2004

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  • Non-Compliance Procedure
  • Edited by Philippe Sands, University College London, Paolo Galizzi, University of London
  • Book: Documents in International Environmental Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139171380.011
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  • Non-Compliance Procedure
  • Edited by Philippe Sands, University College London, Paolo Galizzi, University of London
  • Book: Documents in International Environmental Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139171380.011
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Non-Compliance Procedure
  • Edited by Philippe Sands, University College London, Paolo Galizzi, University of London
  • Book: Documents in International Environmental Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139171380.011
Available formats
×