Effective Participation in Negotiations
The prospects for an MEA to be fully implemented and complied with are determined to a great extent during the negotiation phase. Vigorous and informed participation by all potential Parties to an MEA is an essential prerequisite to reaching a final agreement that is workable for all Parties. A number of activities can be taken at this stage, including consideration of establishing special funds to facilitate participation of developing countries in the negotiating process, recognition of common but differentiated responsibilities, and a transparent negotiating process.
Treaty negotiations are conducted either through discussions (in the case of bilateral treaties) or by a diplomatic conference (which is the more usual procedure for a multilateral treaty). In both cases, the delegates remain in touch with their Governments, they have with them preliminary instructions that are not communicated to the other Parties, and at any stage they may consult their Governments and, if necessary, obtain fresh instructions.
The procedure at diplomatic Conferences tends to follow a standard pattern: All delegates gather in a plenary session and take decisions on the convention’s terms (usually by consensus). Various committees such as steering committees, legal committees, and drafting committees are usually appointed at an early stage to receive and review the draft provisions proposed by the various delegations. Usually, too, the Conference appoints a prominent delegate to act as rapporteur in order to assist the Conference in its deliberations. Besides the formal public sessions of the Conference, many informal discussions are conducted in the corridors, in hotel rooms, and at special dinners and functions. These “marginal” consultations allow delegates to confer informally and develop compromises and solutions to problems that keep the negotiations moving forward.
In some cases, Parties to a treaty adopt procedural rules unique to that particular treaty. Delegates and other stakeholders can always obtain information on the rules of procedures governing the diplomatic process for an MEA from that MEA’s Secretariat.
Delegates from developing countries often do not enter the multilateral environmental negotiating arena with the same level of resources or preparation as their developed country counterparts. Participation in capacity-building workshops and initiatives are one way that developing countries can improve their position in international negotiations.