INC9 REPORT.pdf - Rotterdam Convention

UNEP/FAO/PIC/INC.9/21
2. Eligibility for assistance from the Special Trust Fund
98. On the question of eligibility for assistance from the Special Trust Fund, the Committee agreed that,
in addition to developing country Parties, Parties with economies in transition would be eligible for
assistance, particularly if the assistance contributed to enabling them to ratify the Convention.
3. Apportionment of expenses
99. On the apportionment of expenses, differing views were expressed as to the basis of contributions.
Several representatives supported a maximum contribution of 22 per cent of the total, basing the figure on
the current United Nations scale of assessment. 1
100. Some representatives expressed reservations about the use of the United Nations scale of assessment
as a firm basis for contributions. Some representatives indicated that all contributions should be voluntary.
Some representatives indicated willingness to treat the United Nations scale of assessment as an indicative
scale, which could inspire contributions, taking into account the related decision of the seventh special
session of the Governing Council of UNEP.
101. The Committee agreed to consider the apportionment of expenses at its tenth session.
102. Also, the Committee took note of a proposal submitted by Canada for amendment of the draft
financial rules and provisions and agreed that it would consider the matter further at its tenth session.
B. Settlement of disputes
103. In its consideration of the sub-item, the Committee had before it a note from the secretariat
(UNEP/FAO/PIC/INC.9/14) which contained the draft rules on arbitration and draft rules on conciliation as
considered by the Legal Working Group and agreed upon by the eighth session of the Committee, with the
exception of one issue. In that connection, a representative of the secretariat drew attention to the footnote to
article 3 of the draft rules on arbitration which stated that the eighth session of the Committee had left open
the question of the time period within which the Secretary-General of the United Nations must designate an
arbitrator in the event that one of the parties to the dispute had not appointed an arbitrator within two
months.
104. All those who spoke on the subject expressed support for a further two-month period as a
satisfactory compromise. The Committee adopted the proposal.
105. One representative drew attention to article 16 of the draft rules on arbitration, which stated that
where parties which had an interest of a legal nature in the subject matter of the dispute which might be
affected by the decision in the case intervened in proceedings with the consent of the Arbitral Tribunal, as
provided in article 10, the decision should be binding on that Party insofar as it related to matters in respect
of which that Party had intervened. While noting the existence of similar provisions under the Statute of the
International Tribunal for the Law of the Sea, the representative stated that there was a precedent at the
International Court of Justice, where intervening third parties were not bound by decisions. He asked that
the provision should be further considered at the tenth session of the Committee or at the first Conference of
the Parties. The Committee agreed that that view would be noted in a footnote to the draft.
106. The text of the draft rules on the settlement of disputes, as agreed upon by the Committee at its ninth
session, is attached as annex VI to the present report.
1
Should the United Nations scale of assessment be altered before the first meeting of the Conference of the
Parties to the Convention, the figure would be adjusted accordingly.
14