5.1.1 Efficiency of Commission meetings and Working Groups in addressing critical issues in a timely and effective manner
| Recommendation | Responsible body | Activities to date | Status |
|---|---|---|---|
5.1.1.1 Consensus decision-making has worked for CCAMLR over a long period of time. This is very positive but, as for any decision-making mechanism, there may have been costs associated with it. A distinction must be drawn between substantive issues and matters of implementation. While decisions possessing normative and regulatory effects must continue to be addressed on the basis of consensus, determining how such decisions were implemented could be submitted to a different procedure. Within the existing framework of the Convention, this can be achieved through:
|
Commission | Commission does have decision-making structure in place | Commission – not yet considered |
| 5.1.1.2 These alternatives are preferable to the triggering of procedures under Article XXV in the case of a dispute as to the implementation of a measure. The mechanism established by this article depends in the last resort on the consent of the interested States to the use of a particular means of settlement of disputes, with the real possibility that a concerned State can then block the settlement of the dispute if it does not agree to submit the matter to the ICJ or to arbitration. | Commission – not yet considered |
1 CM 10-06 Scheme to promote compliance by Contracting Party vessels with CCAMLR conservation measures.
2 See Article 16, paragraph 4 and Article 17, paragraph 14 of WTO 1986–1994 the Dispute Settlement Understanding of the World Trade Organisation (http://www.wto.org/english/tratop_e/dispu_e/dsu_e.htm#16) (www.wto.org/english/tratop_e/dispu_e/dsu_e.htm#17).
5.1.2 Extent to which CCAMLR has transparent and consistent decision-making procedures that facilitate the adoption of conservation measures in a timely and effective manner
| Recommendation | Responsible body | Activities to date | Status |
|---|---|---|---|
| 5.1.2.1 Decisions regarding the implementation of CMs can be submitted to one of the procedures envisaged in the preceding section. | Commission | Commission – not yet considered |
5.1.3 Existence of an informal mechanism of cooperation between Members based on reciprocities
| Recommendation | Responsible body | Activities to date | Status |
|---|---|---|---|
| 5.1.3.1 The RP supported informal mechanisms of cooperation that are for the benefit of CCAMLR, and in conformity with the Convention and general international law. By contrast, any inter-Member States’ cooperation based on reciprocity in order to pursue particular interests must be avoided, and should be condemned. | Commission | Commission - complete |