Chapter IV. Treaties concerning international law concluded undehe auspices of the United Nations and related intergovernmentarganizations

Pages:365-404
 
FREE EXCERPT

Chapter IV
TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED
UNDER THE AUSPICES OF THE UNITED NATIONS AND
RELATED INTERGOVERNMENTAL ORGANIZATIONS
A. T     
    U N
In 2012, the following instruments were concluded under the auspices of the
UnitedNations:
— Food Assistance Convention, London, 25 April 20121
— Doha Amendment to the Kyoto Protocol, Doha, 8 December 2012.2
B. T     
      
 U N
1. Internationa l Maritime Organization
In 2012, the International Mar itime Organization (IMO) concluded the Cape Town
Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating
to the Torremolinos International Convention for the Safety of Fishi ng Vessels, 1977.3
2. World Health Organization
P  E I T  T P.
S,  N *
Preamble
e Parties to this Protocol,
1 Not reproduced herein. For the text of t he Convention see, United Nations, Treaty Series, reg-
istration no. 50320.
2 Not reproduced herei n. For the text of the Amend ment see, Multilateral Treaties Deposite d with
the Secretary- General, ch apt er X XV II .7.c .
3 Not reproduced herein . e text of the Agreement can be fou nd at http://www.imo.org/
(SFV-P/C ONF.1 /16).
* Adopted by t he Conference of the Par ties of the World Health Orga nization Framework C onven-
tion on Tobacco Controlat its h se ssion from 12 to 17 November 2012 (FCTC/COP5 (1)).
      
Considering t hat on 21 May 2003, the Fiy-sixt h World Health Assembly adopted by
consensus the WHO Framework Convention on Tobacco Control, which came into force
on 27 February 2005;
Recognizing that the WHO Fra mework Convention on Tobacco Control is one of the
United Nations’ most rapidly ratied treaties a nd a fundamental tool for attaining the
objectives of the World Health Organiz ation;
Recalling the Preamble to the Constitution of the World Health Organ ization, which
states that the enjoyment of the highest attainable standard of health as a funda mental
right of every human bei ng without distinction of race, religion, pol itical belief, economic
or social condition;
Determined also to give priority to their rig ht to protect public health;
Deeply concerned that the il licit trade in tobacco products is contributin g to the spread
of the tobacco epidemic, which is a globa l problem with serious consequences for public
health that ca lls for eective, appropriate and comprehensive domestic and international
responses;
Recognizing further that illicit trade in tobacco products undermines price and tax
measures designed to streng then tobacco control and thereby increases the accessibilit y
and aordability of tobacco product s;
Seriously concerned by the adverse e ects that the increase in acces sibility and aord-
ability of ill icitly traded tobacco products has on public health and t he well-being, in par-
ticular of young people, t he poor and other vulnerable groups;
Seriously concerned about t he disproportionate economic a nd social implications of
illicit trade i n tobacco products on developing countries and countries wit h economies in
transition;
Aware of the need to develop scientic, technical and institutional capacity to plan
and implement appropriate national, regional and internat ional measures to eliminate all
forms of illicit trade i n tobacco products;
Acknowledging that access to resources and relevant technologies is of great impor-
tance for enhancing t he ability of Parties, partic ularly in developing countries and coun-
tries with economies i n transition, to eliminate a ll forms of illicit trade in tobac co products;
Acknowledging also that , although free zones are established to facil itate legal trade,
they have been used to facil itate the globalization of ill icit trade in tobacco products, both
in relation to the illicit t ransit of smuggled products and in the manufac ture of illicit tobac-
co products;
Recognizing also that i llicit trade in tobacco products undermines the economies of
Parties and adversely a ects their stability and se curity;
Also aware that illicit t rade in tobacco products generates na ncial prots that are
used to fund tra nsnational criminal ac tivity, which interferes with government objectives ;
Recognizing that the illicit trade in tobacco products undermines health objectives,
imposes additional st rain on health systems and caus es losses of revenue to the economies
of the Parties;
Mindful of Article 5.3 of the W HO Framework Convention on Tobacco Control in
which Parties ag ree that in setting and implementing their public hea lth policies with
  
respect to tobacco control, Part ies shall act to protect these policies from com mercial and
other vested interests of the tobacco i ndustry in accordance with nationa l law;
Emphasizing the need to be aler t to any eorts by the tobacco industry to under-
mine or subvert strategies to combat illicit trade in tobacco products and the need to be
informed of activit ies of the tobacco industry that have a negative impact on str ategies to
combat illicit trade in tobac co products;
Mindful of Article 6.2 of the WHO Framework Convention on Tobacco Control,
which encourages Parties to prohibit or restrict, as appropriate, sales to a nd/or importa-
tion by international travellers of ta x- and duty-free tobacco products;
Recognizing in addition that tobacco and tobacco products in international t ransit
and transhipment nd a chan nel for illicit trade;
Taking into account that eective action to prevent and combat il licit trade in tobacco
products requires a comprehensive international approach to, and close co operation on, all
aspects of ill icit trade, including, as appropriate, illicit tra de in tobacco, tobacco products
and manufactu ring equipment;
Recalling and emphasizing t he importance of other releva nt international agree-
ments such as the United Nations Convention against Transnational Organized Crime,
the United Nations Convention against Corruption and the United Nations Convention
against Ill icit Trac in Narcotic Drugs and Psychotropic Substances and the obligation
that Parties to t hese Conventions have to apply, as appropriate, the relevant provisions of
these Conventions to illicit t rade in tobacco, tobacco products and manufactur ing equip-
ment and encouraging those Parties t hat have not yet become Parties to these agreements
to consider doing so;
Recognizing the need to bui ld enhanced cooperation between the Convention Secre-
tariat of the WHO Framework Convention on Tobacco Control and the United Nations
Oce on Drugs and Crime, t he World Customs Organization a nd other bodies, as appro-
priate;
Recalling Article 15 of the WHO Framework Convention on Tobacco Control, in
which Parties recog nize, inter alia, that the eli mination of all forms of illicit t rade in tobac-
co products, including smugg ling and illicit manufactu ring, is an essential component of
tobacco control;
Considering t hat this Protocol does not seek to address issues concerni ng intellectual
property rights; a nd
Convinced that supplementing the WHO Framework Convention on Tobacco Control
by a comprehensive protocol will be a powerful, eec tive means to counter illicit trade in
tobacco products and its grave consequences,
Hereby agree as follows:
P I: I 
Article 1. Use of terms
1. “Brokering” means acting as an agent for others, as in negotiati ng contracts,
purchases, or sales in re turn for a fee or commission.

To continue reading

FREE SIGN UP