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Manual on Compliance with and Enforcement of Multilateral Environmental Agreements
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Consultations between Negotiating Sessions

Guideline

10(b)
Consultations in between negotiating sessions on issues that could affect compliance among States;

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The periods of time between negotiating sessions offer States an opportunity to conduct bilateral consultations aimed at addressing unresolved issues. These consultations are particularly important where there was no consultation before the negotiating session (or the consultation was inadequate). The consultations then provide an opportunity to brief the stakeholders on the negotiations and solicit feedback. The consultations can thus not only enhance awareness of the negotiating process, but they can improve the ultimate public acceptance of the outcomes.

For example, in Belarus (and other States), internal and national-level consultations during the development of the Aarhus Convention proved fruitful. As the Convention was negotiated, the various drafts were assessed internally to evaluate their implementability and the financial implications. Ultimately, this facilitated the process for the State to become a party to the Convention.

In instances where one nation is representing a group of similarly situated nations, the gaps between negotiation sessions allows that nation to brief the other nations on the progress made at the negotiating session (including any outcomes), highlight unresolved issues, and consult with the other nations regarding negotiating positions that should be taken at the subsequent negotiations.

These consultations can be done on an ad hoc basis, if necessary (for example, due to limited resources). However, if the consultations can be institutionalised and conducted regularly, they are more certain to happen.

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Guideline 10(b)
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The UNFCCC Experience in Environmental Negotiations and Consultations - Adoption of the Bonn Agreements
Armenia’s Inter-Agency Process for Determining Whether to Sign or Ratify an MEA
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