COP7 ADVANCE BRIEFING

-- SUPPLEMENT 1 --

Dear Basel Delegates:

Yesterday you received a briefing from us which discussed shipbreaking and the issue of entry into force of the Basel Ban Amendment and the interpretation of Article 17.  Since sending that, several of you have asked us for copies of the CITES and RAMSAR decisions.   We are sending these important decisions attached. 

In addition we are sending you a letter delivered to us from Professor Durwood Zaelke, one of the world's leading experts on international law and co-author of the books: " International Environmental Law and Policy " 1998; " Freedom for the Seas in the 21st Century: Ocean Governance and Environmental Harmony " 1993; " Industry Genius: Inventions and People Protecting the Climate and Fragile Ozone Layer" 2003; Trade & the Environment: Law, Economics, & Policy" 1993. 

Mr. Zaelke explains the options available to the Parties.  We have a similar statement from from Prof. Alexandre Kiss, who is President of the European Council of Environmental law.

You will also find the CITES decision and the RAMSAR decision which resolved similar problems in those Conventions. These together make the case of the Parties of the Basel Convention making an authentic interpretation to ensure rapid entry into force of the Basel Ban Amendment. 

We are certain that given the past decisions of the Basel Convention arguing for entry into force of the Amendment at the earliest possible date, Parties will seek this remedy to the ambiguity found in Article 17 to ensure this outcome.


Sincerely yours,

Jim Puckett, Richard Gutierrez

Zaelke Letter (Word File)

CITES Resolution (Word File)

RAMSAR Resolution (Word File)