Interstate liability for climate change-related damage - Table of treaties and other selected instruments

UvA-DARE (Digital Academic Repository)

Interstate liability for climate change-related damage

Kosolapova, E.

Publication date

2013

Link to publication

Citation for published version (APA):

Kosolapova, E. (2013). Interstate liability for climate change-related damage.

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Table of Treaties and Other Selected Instruments

1. Treaties and European Directives

1959 Antarctic Treaty. UNTS, vol. 402, p. 71 (1961)

1960 OECD Convention on Third Party Liability in the Field of Nuclear Energy. UNTS, vol. 956, p. 263 (1974)

1962 Convention on the Liability of Operators of Nuclear Ships. 57 AJIL 268 (1963)

1963 IAEA Convention on Civil Liability for Nuclear Damage. UNTS, vol. 1063, p. 265 (1977)

1963 OECD Convention Supplementary to the Convention on Third Party Liability in the Field of Nuclear Energy. UNTS, vol. 1041, p. 358 (1977)

1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. United Nations Treaties and Principles on Outer Space. Text of treaties and principles governing the activities of States in the exploration and use of outer space, adopted by the United Nations General Assembly. ST/SPACE/11. United Nations, New York, 2002, p. 3

1969 Council of Europe Draft Convention on the Protection of Fresh Water against Pollution. CECA Doc. 2561 (1969)

1969 IMCO International Convention on Civil Liability for Oil Pollution. UNTS, vol. 973, p. 3 (1975)

1969 Vienna Convention on the Law of Treaties. UNTS, vol. 1155, p. 331 (1987) 1971 Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material. UNTS, vol. 974, p. 255 (1975)

1971 Ramsar Convention on Wetlands of international importance especially as waterfowl habitat. UNTS, vol. 996, p. 245 (1976)

1972 Convention on International Liability for Damage Caused by Space Objects. United Nations Treaties and Principles on Outer Space. Text of treaties and principles governing the activities of States in the exploration and use of outer space, adopted by the United Nations General Assembly. ST/SPACE/11. United Nations, New York, 2002, p. 13

1974 Exchange of Notes Between the United States of America and Canada Constituting an Agreement Relating to Liability for Loss and Damage from Certain Rocket Launches. UNTS, vol. 992, p. 97 (1975)

1979 Geneva Convention on Long-Range Transboundary Air Pollution. UNTS, vol. 1302, p. 217 (1992)

INTERSTATE LIABILITY FOR CLIMATE CHANGE-RELATED DAMAGE

1985 ASEAN Agreement on the Conservation of Nature and Natural Resources. 15

Environmental Policy and Law 64 (1985)

1985 Helsinki Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on the Reduction of Sulphur Emissions or their Transboundary Fluxes by at least 30 per cent. UNTS, vol. 1480, p. 215 (1997)

1987 CMEA Convention on Liability for Damage Caused by Radiological Accidents in International Carriage of Irradiated Nuclear Fuel from Nuclear Power Plants. Unpublished, for references see International Liability for Injurious Consequences Arising out of Acts not Prohibited by International Law (Prevention of Transboundary Damage from Hazardous Activities). Doc. A/CN.4/501, YILC, vol. II, Part One (1999); see also Lefeber (1996)

1987 Montreal Protocol on Substances that Deplete the Ozone Layer. UNTS, vol. 1522, p. 3 (1997)

1988 Sofia Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution Concerning the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes. UNTS, vol. 1593, p. 287 (1998)

1989 UNECE Convention on Civil Liability for Damage Caused During Carriage of Dangerous Goods by Road, Rail and Inland Navigation Vessels. Doc. ECE/TRANS/79 (1989)

1991 Protocol on Environmental Protection to the 1959 Antarctic Treaty. 30 ILM 1455 (1991)

1992 Convention for the Protection of the Marine Environment of the North-East Atlantic. UNTS, vol. 2354, p. 67 (2006)

1992 Convention on Biological Diversity. UNTS, vol. 1760, p. 79 (2001)

1992 UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes. 31 ILM 1312 (1992)

1992 UNECE Convention on the Transboundary Effects of Industrial Accidents. 31 ILM 1330 (1992)

1992 UN Framework Convention on Climate Change. UNTS, vol. 1771, p. 107 (2000)

1993 Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment (Lugano Convention). Available from: <http://conventions.coe.int/Treaty/en/Treaties/Html/150.htm>

1994 UN Convention to Combat Desertification. UNTS, vol. 1954, p. 3 (1999) 1997 IAEA Convention on Supplementary Compensation for Nuclear Damage. INFCIRC/567 (22 July 1998)

1997 Convention on the Law of the Non-navigational Uses of International Watercourses. Doc. A/51/869 (11 April 1997)

1997 Kyoto Protocol to the United Nations Framework Convention on Climate Change. UNTS, vol. 2303, p. 148 (2005)

1999 Basel Protocol on Liability and Compensation for Damage Resulting from the Transboundary Movement of Hazardous Wastes and their Disposal. Doc. UNEP/CHW.1/WG/1/9/2 (1999)

2003 Kiev Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters. Doc. ECE/MP.WAT/11-ECE/CP.TEIA/9 (2003)

Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. OJ 2004 L 143/56

2005 Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty (Liability Arising from Environmental Emergencies). Available from: <www.ats.aq/documents/recatt/Att249_e.pdf>

Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control. OJ 2008 L 24/8 2010 Nagoya - Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety. UNEP/CBD/BS/COP-MOP/5/17 (15 October 2010)

2. UN and Other Intergovernmental Documents

Stockholm Declaration on the Human Environment (16 June 1972). Available from: <www.unep.org/Documents.Multilingual/Default.asp?DocumentID=97&ArticleID =1503&l=en>

Draft Articles on Responsibility of States for Internationally Wrongful Acts. ILC Report on the work of its 28thsession. A/31/10, YILC, vol. II, Part Two (1976) Protection of global climate for present and future generations of mankind. GA Res. 43/53 (6 December 1988)

IPCC, First Assessment Report. Climate Change: The IPCC Scientific Assessment (1990)

SC Res. 687 (8 April 1991)

UNCC Governing Council Decision 7. S/AC.26/1991/7/Rev.1 (17 March 1992) Rio Declaration on Environment and Development. Rio Declaration on Environment and Development. A/CONF.151/26 (Vol. I) (12 August 1992)

Statement of Principles for the Sustainable Management of Forests. A/CONF.151/26 (Vol. III) (14 August 1992)

Agenda 21. Environment and Development Agenda (1992). Available from: <www.unep.org/Documents.Multilingual/Default.asp?documentid=52>

Principles Relevant to the Use of Nuclear Power Sources in Outer Space. UN Res. 47/68 (1992)

INTERSTATE LIABILITY FOR CLIMATE CHANGE-RELATED DAMAGE

Draft Articles on the Law of the Non-Navigational Uses of International Watercourses. ILC Report on the work of its 46th session. A/49/10, YILC, vol. II, Part Two (1994)

Principles Governing IPCC Work (1998), as amended in 2003, 2006 & 2012. Available from: <www.ipcc.ch/pdf/ipcc-principles/ipcc-principles.pdf>

ILC Report on the work of its 50th session. A/53/10, YILC, vol. II, Part Two (1998)

UNCC Governing Council Decision 132. S/AC.26/Dec.132 (21 June 2001)

Report and Recommendations Made by the Panel of Commissioners Concerning the First Instalment of ‘F4’ Claims. S/AC.26/2001/16 (22 June 2001)

Articles on Responsibility of States for Internationally Wrongful Acts. ILC Report on the work of its 53rdsession. A/56/10, YILC, vol. II, Part Two (2001)

Draft Articles on Prevention of Transboundary Harm from Hazardous Activities. ILC Report on the work of its 53rd session. A/56/10, YILC, vol. II, Part Two (2001)

Responsibility of States for internationally wrongful acts. GA Res. 56/83 (28 January 2002)

Report and Recommendations Made by the Panel of Commissioners Concerning the Second Instalment of ‘F4’ Claims. S/AC.26/2002/26 (3 October 2002)

UNCC Governing Council Decision 171. S/AC.26/Dec.171 (3 October 2002) Report and Recommendations Made by the Panel of Commissioners Concerning the Third Instalment of ‘F4’ Claims. S/AC.26/2003/31 (18 December 2003)

UNCC Governing Council Decision 212. S/AC.26/Dec.212 (18 December 2003) Report and Recommendations Made by the Panel of Commissioners Concerning Part One of the Fourth Instalment of ‘F4’ Claims. S/AC.26/2004/16 (9 December 2004)

Report and Recommendations Made by the Panel of Commissioners Concerning Part Two of the Fourth Instalment of ‘F4’ Claims. S/AC.26/2004/17 (9 December 2004)

UNCC Governing Council Decision 234. S/AC.26/Dec.234 (9 December 2004) UNCC Governing Council Decision 235. S/AC.26/Dec.235 (9 December 2004) Report and Recommendations Made by the Panel of Commissioners Concerning the Fifth Instalment of ‘F4’ Claims. S/AC.26/2005/10 (30 June 2005)

UNCC Governing Council Decision 248. S/AC.26/Dec.248 (30 June 2005)

Allocation of loss in the case of transboundary harm arising out of hazardous activities. GA Res. 61/36 (4 December 2006)

Articles on Diplomatic Protection. ILC Report on the work of its 58th session. A/61/10, forthcoming in YILC (2006)

Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities. ILC Report on the work of its 58th session. A/61/10, forthcoming in YILC (2006)

Conclusions of the work of the Study Group on the Fragmentation of International Law: Difficulties arising from the Diversification and Expansion of International Law. ILC Report on the work of its 58th session. A/61/10, forthcoming in YILC (2006)

IPCC, Fourth Assessment Report. Climate Change 2007: Synthesis Report (2007) IPCC, Fourth Assessment Report. Working Group I Report. The Physical Science Basis (2007)

IPCC, Fourth Assessment Report. Working Group II Report. Impacts, Adaptation and Vulnerability (2007)

IPCC, Fourth Assessment Report. Working Group III Report. Mitigation of Climate Change (2007)

Diplomatic Protection. GA Res. 62/67 (8 January 2008)

UNEP Guidelines for the Development of Domestic Legislation on Liability, Response Action and Compensation for Damage Caused by Activities Dangerous to the Environment. Adopted by the UNEP Governing Council in decision SS.XI/5, part B (26 February 2010)

Draft Articles on the Law of Transboundary Aquifers. ILC Report on the work of its 60th session. A/63/10, forthcoming in YILC (2008)

Climate change and its possible security implications. GA Res. 63/281 (11 June 2009)

Guidance for the development of a ship energy efficiency management plan (SEEMP). IMO Marine Environment Protection Committee, MEPC.1/Circ.683 (17 August 2009)

Guidelines for voluntary use of the ship energy efficiency operational indicator (EEOI). IMO Marine Environment Protection Committee, MEPC.1/Circ.684 (17 August 2009)

Interim guidelines for voluntary verification of the energy efficiency design index. IMO Marine Environment Protection Committee, MEPC.1/Circ.682 (17 August 2009)

Interim guidelines on the method of calculation of the energy efficiency design index for new ships. IMO Marine Environment Protection Committee, MEPC.1/Circ.681 (17 August 2009)

Climate change and its possible security implications. Report of the Secretary General GA Doc.6 4/350 (11 September 2009)

Declaration of the Climate Vulnerable Forum. Malé, Maldives (10 November 2009). Available from: <http://daraint.org/wp-content/uploads/2010/12/Declaration- of-the-CVF-FINAL2.pdf>

INTERSTATE LIABILITY FOR CLIMATE CHANGE-RELATED DAMAGE

Consolidated statement of continuing ICAO policies and practices related to environmental protection – Climate change. ICAO Assembly Resolution A37-19 (2010)

Consolidated statement of continuing ICAO policies and practices related to environmental protection – General provisions, noise and local air quality. ICAO Assembly Resolution A37-18 (2010)

UNEP Emissions Gap Report (2010). Available from: <www.unep.org/ publications/ebooks/emissionsgapreport/pdfs/GAP_REPORT_SUNDAY_SINGLE S_LOWRES.pdf>

ILC Draft Articles on the Responsibility of International Organisations. ILC Report on the work of its 63rd session. A/66/10, forthcoming in YILC (2011)

The Future We Want: Zero-draft of the outcome document. Rio +20 – UNCSD (10 January 2012). Available from: <www.uncsd2012.org/futurewewant.html> IPCC, Special Report. Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation (SREX) (2012)

3. MEA Decisions and Other Documents

Global Climate Change. UNEP Governing Council Decision 14/20 (17 June 1987) WMO Executive Council Resolution 4 (1988)

Berlin Mandate: Review of the adequacy of Article 4, paragraph 2(a) and (b), of the Convention, including proposals related to a protocol and decisions on follow-up. UNFCCC Decision 1/CP.1 (1995)

Consideration of commitments for subsequent periods for Parties included in Annex I to the Convention under Article 3, paragraph 9. UNFCCC Decision 1/CMP.1 (2005)

Dialogue on long-term cooperative action to address climate change by enhancing implementation of the Convention. UNFCCC Decision 1/CP.11 (2005)

Guidelines for national systems under Article 5, paragraph 1, of the Kyoto Protocol. UNFCCC Decision 19/CMP.1 (2005)

Guidelines for review under Article 8 of the Kyoto Protocol. UNFCCC Decision 22/CMP.1 (2005)

Guidelines for the implementation of Article 6 of the Kyoto Protocol. UNFCCC Decision 9/CMP.1 (2005)

Guidelines for the preparation of the information required under Article 7 of the Kyoto Protocol. UNFCCC Decision 15/CMP.1 (2005)

Good practice guidance and adjustments under Article 5, paragraph 2, of the Kyoto Protocol. UNFCCC Decision 20/CMP.1 (2005)

Issues relating to adjustments under Article 5, paragraph 2, of the Kyoto Protocol. UNFCCC Decision 21/CMP.1 (2005)

Issues relating to the implementation of Article 8 of the Kyoto Protocol – 1. UNFCCC Decision 24/CMP.1 (2005)

Issues relating to the implementation of Article 8 of the Kyoto Protocol – 2. UNFCCC Decision 25/CMP.1 (2005)

Modalities and procedures for a clean development mechanism as defined in Article 12 of the Kyoto Protocol. UNFCCC Decision 3/CMP.1 (2005)

Modalities for the accounting of assigned amounts under Article 7, paragraph 4, of the Kyoto Protocol. UNFCCC Decision 13/CMP.1 (2005)

Modalities, rules and guidelines for emissions trading under Article 17 of the Kyoto Protocol. UNFCCC Decision 11/CMP.1 (2005)

Procedures and mechanisms relating to compliance under the Kyoto Protocol. UNFCCC Decision 27/CMP.1 (2005)

Standard electronic format for reporting Kyoto Protocol units. UNFCCC Decision 14/CMP.1 (2005)

Terms of service for lead reviewers. UNFCCC Decision 23/CMP.1 (2005)

US Climate Action Report 2010. Fifth National Communication on Climate Change of the United States of America under the UNFCCC. Available from: <http://unfccc.int/resource/docs/natc/usa_nc5.pdf >

Bali Action Plan. UNFCCC Decision 1/CP.13 (2007)

The 10-year strategic plan and framework to enhance the implementation of the Convention (2008-2018), UNCCD Decision 3/COP.8, ICCD/COP(8)/16/Add.1 (2007)

Question of Implementation – Greece. Kyoto Protocol Compliance Committee. Final Decision. CC-2007-1-8/Greece/EB (17 April 2008)

Question of Implementation – Canada. Kyoto Protocol Compliance Committee. Final Decision. CC-2008-1-6/Canada/EB (15 June 2008)

Question of Implementation – Croatia. Kyoto Protocol Compliance Committee. Final Decision. CC-2009-1-8/Croatia/EB (26 November 2009)

Copenhagen Accord. UNFCCC Decision 2/CP.15 (2009)

Ideas and proposals on paragraph 1 of the Bali Action Plan. Revised note by the Chair. FCCC/AWGLCA/2008/16/Rev.1 (15 January 2009)

Letter including autonomous mitigation actions from the Department of Climate Change, National Development and Reform Commission of China, to the UNFCCC Secretariat of 28 January 2010. Available from: <http://unfccc.int/files/ meetings/cop_15/copenhagen_accord/application/pdf/chinacphaccord_app2.pdf> Canada’s Fifth National Communication on Climate Change. Submitted to the UNFCCC Secretariat on 12 February 2010. Available from: <http://unfccc.int/ resource/docs/natc/can_nc5.pdf>

INTERSTATE LIABILITY FOR CLIMATE CHANGE-RELATED DAMAGE

Question of Implementation – Bulgaria. Kyoto Protocol Compliance Committee. Final Decision. CC-2010-1-8/Bulgaria/EB (28 June 2010)

Climate Change Assessments. Review of the processes and procedures of the IPCC. InterAcademy Council (October 2010)

National Greenhouse Gas Inventory Data for the Period 1990-2008. Note by the secretariat. FCCC/SBI/2010/18 (4 November 2010)

Cancun Agreements: Outcome of the work of the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol at its fifteenth session. UNFCCC Decision 1/CMP.6 (2010)

Cancun Agreements: Outcome of the work of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention. UNFCCC Decision 1/CP.16 (2010) Views on the work programme to consider approaches to address loss and damage. Submission of Grenada on behalf of AOSIS. FCCC/SBI/2011/MISC.1

(28 February 2011)

Question of Implementation – Romania. Kyoto Protocol Compliance Committee. Final Decision. CC-2011-1-8/Romania/EB (27 August 2011)

Question of Implementation – Ukraine. Kyoto Protocol Compliance Committee. Final Decision. CC-2011-2-9/Ukraine/EB (12 October 2011)

Question of Implementation – Lithuania. Kyoto Protocol Compliance Committee. Final Decision. CC-2011-3-8/Lithuania/EB (21 December 2011)

Annual report of the administrator of the international transaction log under the Kyoto Protocol. Note by the secretariat. FCCC/KP/CMP/2011/7 (2011)

Compilation of economy-wide emission reduction targets to be implemented by Parties included in Annex I to the Convention. Revised note by the secretariat. FCCC/SB/2011/INF.1/Rev.1 (2011)

Compilation of information on nationally appropriate mitigation actions to be implemented by Parties not included in Annex I to the Convention. Note by the secretariat. FCCC/AWGLCA/2011/INF.1 (2011)

Emissions trading and the project-based mechanisms. UNFCCC Decision 3/CMP.7 (2011)

Establishment of an Ad Hoc Working Group on the Durban Platform for Enhanced Action. UNFCCC Decision 1/CP.17 (2011)

Launching the Green Climate Fund. UNFCCC Decision 3/CP.17 (2011)

Modalities and procedures for carbon dioxide capture and storage in geological formations as clean development mechanism project activities. UNFCCC Decision 10/CMP.7 (2011)

Outcome of the work of the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol at its sixteenth session. UNFCCC Decision 1/CMP.7 (2011)

Canada’s Climate Change Mitigation Plan. Presentation at workshop on clarification of the developed country parties’ quantified economy-wide emission reduction targets and related assumptions and conditions, Bonn (17 May 2012). Available from: <http://unfccc.int/files/bodies/awg-lca/application/pdf/20120517_ canada_1749.pdf>

Question of Implementation – Slovakia. Kyoto Protocol Compliance Committee. Preliminary finding, CC-2012-1-7/Slovakia/EB (14 July 2012)

Question of Implementation – Slovakia. Kyoto Protocol Compliance Committee. Final Decision. CC-2012-1-9/Slovakia/EB (17 August 2012)

Annual report of the Compliance Committee to the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol. FCCC/KP/CMP/2012/6 (8 November 2012)

Outcome of the work of the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol. FCCC/KP/CMP/2012/L.9, UNFCCC decision number not available at the time of writing (8 December 2012)

Approaches to address loss and damage associated with climate change impacts in developing countries that are particularly vulnerable to the adverse effects of climate change to enhance adaptive capacity. FCCC/CP/2012/L.4/Rev.1, UNFCCC decision number not available at the time of writing (8 December 2012)