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V. MULTILATERAL TRADE AND ENVIRONMENT AGREEMENTS IN DOMESTIC POLICY FORMULATION
IN FIJI
[ V | V-A
| V-B | V-C | V-D
| V-E | V-F | V-G
]
F. Implementation of international Conventions under the proposed Sustainable
Development Act
According to the Fiji Sustainable
Development Bill Working Draft, the remission
of sustainable development is the overall objective of the proposed Sustainable
Development Act in compliance with the obligations contained in the Rio
Earth Summit and Barbados Declarations. The preamble to the Working
Draft concluded that there was a long overdue need for an integrated and
holistic Sustainable Development Act, not only ensure that development
and the environment would be perceived as complementary, but also to establish
the legal and institutional mechanisms needed to achieve sustainable development
in Fiji.
The government is aware of its responsibilities regarding the treaties
and Conventions of which it is a signatory. However, since some treaties
and Conventions have yet to be implemented, the government has made provisions
for the implementation of the related obligations and those instruments
yet to be signed in the foreseeable future by incorporating them in the
new Act. Thus 13 international agreements are to be implemented under the
Bill:
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The Convention on Biological
Diversity;
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The Convention
on the Conservation of Nature in the South Pacific (Apia Convention), 1989;
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The Convention for the Protection of Natural
Resources and Environment of the South Pacific and their Related Protocols
(SPREP Convention), 1989;
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The Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES Convention);
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The Convention on the Protection of Wetlands of International Importance,
Particularly as Waterfowl Habitat (RAMSAR Convention);
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The Convention Concerning the Protection of the World Cultural and Natural
Heritage;
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International
Convention for the Prevention of Pollution from Ships and Related Protocols
(MARPOL 1973/1978 Convention);
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The
Convention on the Prevention of Marine Pollution by Dumping of Wastes and
Other Matter (London Dumping Convention);
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The Convention on the Transboundary Movement of Hazardous Wastes in the
South Pacific Region (Waigani Convention);
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The
International Convention on Oil Spill Preparedness, Response and Cooperation
(OPRC Convention);
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The Vienna Convention and Montreal
Protocol on Substances that Deplete the Ozone Layer (1989);
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The United Nations Framework
Convention on Climate Change;
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Agenda 21 and the Rio
Declaration.
Internationally, there has been considerable progress in sustainable development
jurisprudence since the development of the Natural Resource Act of New
Zealand and the Environment Act of the United Kingdom of Great Britain
and Northern Ireland in the late 1980s. To some extent those two Acts have
been the model for the Fiji Sustainable Development Act. Including those
international Conventions and treaties in the Act itself demonstrates the
eagerness of the government for sustainable development to be taken seriously
and for Fiji to take a leadership role in that area. The Working
Draft states that:
“In furtherance of the directive issued by the Cabinet, Fiji intends to
establish a new Act that can serve as a model to other countries in the
manner in which development and environmental considerations can be effectively
managed through the provision of an integrated and comprehensive piece
of legislation.”
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