There are many ways States can act strategically to ensure that they are ready to negotiate a legally binding agreement. Any strategy adopted, however, should include some basic elements. The following checklist sets forth national and international considerations when preparing for negotiations:
At the national level:
- What benefits could the State receive from an MEA? [These benefits could be in environmental, economic, social, political, and other forms.]
- How likely are these advantages to accrue?
- When would the State receive these benefits?
- What are the potential costs or difficulties associated with an MEA? [Costs could be in economic, institutional, political, and other forms.]
- How likely are these costs or difficulties? What is the time horizon for addressing them?
- Does the government have the capacity to implement and enforce the new commitments at the national level? What sort (and amount) of financial or technical assistance might facilitate compliance and enforcement?
- Would new laws or regulations be necessary? Are there any potential Constitutional conflicts?
- Are the relevant stakeholders involved? These could include, for example, the various relevant line ministries and agencies, sub-national governmental authorities, NGOs, potentially affected businesses and business associations, and indigenous persons.
- If a decision is made to participate in MEA negotiations, who will form the national delegation? Who will be the political focal point?
- Does the national delegation have the necessary substantive expertise from the line ministries and agencies?
- Would it help to have an outside expert (from a university, NGO, or other background)?
- What are the respective roles and responsibilities of the principal political and technical focal points?
- Is the political focal point aware of, and in regular contact with, the technical focal point or points responsible for implementing the MEA and with the focal point(s) for other relevant MEAs?
- Is the technical focal point appropriately involved in the negotiation, conclusion, and acceptance of the MEA?