ARTICLE VIII – ELIGIBILITY FOR MEMBERSHIP

The Statute of the International Court of Justice is an integral part of the Charter. In 1978, the Hydro-Electric Commission, then a body owned by the Tasmanian government, proposed the construction of a hydro-electric dam on the Gordon ARTICLE VIII – ELIGIBILITY FOR MEMBERSHIP, below its confluence with the Franklin River, in Tasmania’s rugged south-west region. In May 1982, a Liberal state government was elected which supported the dam.

The federal Liberal government at the time, led by Malcolm Fraser, made offers of compensation to Tasmania, however they were not successful in stopping the dam’s construction. In November 1982, UNESCO declared the Franklin area a World heritage site after a nomination by the Labor government, forwarded by the Commonwealth, was accepted by the World Heritage Committee. The Tasmanian government challenged these actions, arguing that the Australian Constitution gave no authority to the federal government to make such regulations. In May and June 1983, both governments put their case to the High Court of Australia. Australian Constitution gives the federal parliament the power to make laws with respect to external affairs, a nebulously defined provision. Allowing the federal government such broad new powers would infringe on the States’ power to legislate in many areas, and would upset the “federal balance”.

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However, Justice Mason recognised that the external affairs power was specifically intended to be ambiguous, and capable of expansion. It is important to note that the decisions of UNESCO in designating World heritage sites have no binding force upon any government. However, the ratification of the Convention could be seen as a commitment to upholding its aims, and an acceptance of obligations under it. Tasmania argued that this head of power could not apply to its Hydro-Electric Commission since it was in effect a department of the Tasmanian government, and not a trading corporation. A four to three majority of the seven members of the High Court held that the federal government had legitimately prevented construction of the dam, and that the World Heritage Act was authorised under the “external affairs” power. Although other parts of the Act were invalid, the provision banning the construction of dams was valid. The case ended the HEC’s plans to construct more hydro-electric dams in Tasmania, and indeed there have been few plans for dams in Australia since.

The legal debate over the extent of the “external affairs” power continued for a decade in a series of cases in the High Court in which the wide view of the external affairs power prevailed. Australian Constitution the Australian Government has the power to enact legislation that is reasonably capable of being considered appropriate and adapted to fulfill Australia’s international legal obligations. Australian Government a very wide constitutional power to make laws on many subjects, including protecting the environment. Tasmanian Dam Case regarding the external affairs power. These include the protection of World Heritage properties, Ramsar wetlands, threatened species and threatened ecological communities, and migratory species. The dispute over the Franklin River and south west wilderness area in Tasmania, Australia.

The Annotated Constitution of the Australian Commonwealth. Convention Concerning the Protection of the World Cultural and Natural Heritage”. Recommendation concerning the Protection at National Level, of the Cultural and Natural Heritage. Department of the Environment and Energy. World Heritage properties and National Heritage places”.

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Listed threatened species and ecological communities”. Full text of the decision in the High Court of Australia. The Chemical Weapons Convention stipulates in paragraph 2 of Article XI that States Parties “undertake to facilitate, and have the right to participate in, the fullest possible exchange of chemicals, equipment and scientific and technical information relating to the development and application of chemistry for purposes not prohibited under Convention”. This provision creates the foundations for OPCW’s work in the area of international cooperation. The OPCW has established a number of projects and programmes in the field of international cooperation already.

National Authorities in implementing the Convention. Effective and sustainable infrastructure building is an important aspect, not just of the implementation of the Chemical Weapons Convention, but also of other regulatory instruments in the field of the sound management of chemicals. In the context of the Convention, two areas of science and technology are of particular relevance: destruction of toxic chemicals, and chemical analysis. Although only six OPCW Member States are involved in the destruction of CW stocks, many other Member States are at present addressing the issue of how to deal with old and abandoned chemical weapons, or with other toxic wastes.

The OPCW supports technical workshops on destruction technologies. In the area of chemical analysis, the Secretariat is taking an integrated approach towards assisting Member States in the development of their technical capabilities. The OPCW conducts the Associate Programme for chemists and chemical engineers from developing countries and countries in transition. The programme familiarises the participants with the work of the OPCW and the requirements for the implementation of the Convention in chemical industry, and provides extensive opportunities to become familiar with modern safety, production and management practices in the chemical industry. Participants undergo intensive training at OPCW headquarters as well as a university facility in the United Kingdom, and spend time working with chemical companies in the Netherlands and elsewhere in Europe where they are exposed to modern industrial practices. They prepare research projects and participate in workshops on scientific and technical issues, and visit a variety of institutions, companies and governmental agencies.

Support for National Authorities is an activity of the Secretariat not directly related to the implementation of Article XI. This programme reflects the necessity to build national capacities for the effective implementation of the provisions of the Convention. At the same time, however, such implementation support has a positive spin-off in other fields. It can help pursuing integrated solutions in such areas as legislation, infrastructure building, administration, information systems and databases. The OPCW support programme for National Authorities includes training of personnel, the organisation of exchanges and workshops between National Authorities to share their experience and discuss common issues, on-site assistance in areas such as declarations or legislation, and the development of implementation tools such as software or information packages.

OPCW is the fastest growing international disarmament organisation in history. The United Nations has called upon all States to join the CWC and to rid the world of the threat chemical weapons pose to international security. See the evolution of the Status of Participation in the Convention. Member’s Schedule by more than 1. Member’s budgetary outlays for export subsidies and the quantities benefiting from such subsidies, at the conclusion of the implementation period, are no greater than 64 per cent and 79 per cent of the 1986-1990 base period levels, respectively. For developing country Members these percentages shall be 76 and 86 per cent, respectively.

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Commitments relating to limitations on the extension of the scope of export subsidization are as specified in Schedules. 1 above, provided that these are not applied in a manner that would circumvent reduction commitments. Prevention of Circumvention  of Export Subsidy Commitments 1. Members undertake to work toward the development of internationally agreed disciplines to govern the provision of export credits, export credit guarantees or insurance programmes and, after agreement on such disciplines, to provide export credits, export credit guarantees or insurance programmes only in conformity therewith. Any Member which claims that any quantity exported in excess of a reduction commitment level is not subsidized must establish that no export subsidy, whether listed in Article 9 or not, has been granted in respect of the quantity of exports in question. Article IV of the Food Aid Convention 1986.

In no case may the per-unit subsidy paid on an incorporated agricultural primary product exceed the per-unit export subsidy that would be payable on exports of the primary product as such. The provisions of this Article shall not apply to any developing country Member, unless the measure is taken by a developing country Member which is a net-food exporter of the specific foodstuff concerned. Article XVI of GATT 1994 or Articles 3, 5 and 6 of the Subsidies Agreement. Developing country Members shall have the flexibility to implement reduction commitments over a period of up to 10 years. Least-developed country Members shall not be required to undertake reduction commitments. Least-Developed and Net Food-Importing Developing Countries 1. Developed country Members shall take such action as is provided for within the framework of the Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing Countries.

The Committee on Agriculture shall monitor, as appropriate, the follow-up to this Decision. Progress in the implementation of commitments negotiated under the Uruguay Round reform programme shall be reviewed by the Committee on Agriculture. The review process shall be undertaken on the basis of notifications submitted by Members in relation to such matters and at such intervals as shall be determined, as well as on the basis of such documentation as the Secretariat may be requested to prepare in order to facilitate the review process. In addition to the notifications to be submitted under paragraph 2, any new domestic support measure, or modification of an existing measure, for which exemption from reduction is claimed shall be notified promptly. This notification shall contain details of the new or modified measure and its conformity with the agreed criteria as set out either in Article 6 or in Annex 2. In the review process Members shall give due consideration to the influence of excessive rates of inflation on the ability of any Member to abide by its domestic support commitments.

Members agree to consult annually in the Committee on Agriculture with respect to their participation in the normal growth of world trade in agricultural products within the framework of the commitments on export subsidies under this Agreement. The review process shall provide an opportunity for Members to raise any matter relevant to the implementation of commitments under the reform programme as set out in this Agreement. Any Member may bring to the attention of the Committee on Agriculture any measure which it considers ought to have been notified by another Member. The provisions of GATT 1994 and of other Multilateral Trade Agreements in Annex 1A to the WTO Agreement shall apply subject to the provisions of this Agreement.

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The Annexes to this Agreement are hereby made an integral part of this Agreement. The foregoing shall not limit the product coverage of the Agreement on the Application of Sanitary and Phytosanitary Measures. The product descriptions in round brackets are not necessarily exhaustive. Domestic support measures for which exemption from the reduction commitments is claimed shall meet the fundamental requirement that they have no, or at most minimal, trade-distorting effects or effects on production. They shall not involve direct payments to producers or processors.

This may include government aid to private storage of products as part of such a programme. The volume and accumulation of such stocks shall correspond to predetermined targets related solely to food security. The process of stock accumulation and disposal shall be financially transparent. Food purchases by the government shall be made at current market prices and sales from food security stocks shall be made at no less than the current domestic market price for the product and quality in question. Eligibility to receive the food aid shall be subject to clearly-defined criteria related to nutritional objectives.

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Such aid shall be in the form of direct provision of food to those concerned or the provision of means to allow eligible recipients to buy food either at market or at subsidized prices. Food purchases by the government shall be made at current market prices and the financing and administration of the aid shall be transparent. 1 above, plus specific criteria applying to individual types of direct payment as set out in paragraphs 6 through 13 below. Eligibility for such payments shall be determined by clearly-defined criteria such as income, status as a producer or landowner, factor use or production level in a defined and fixed base period. The amount of such payments in any given year shall not be related to, or based on, the prices, domestic or international, applying to any production undertaken in any year after the base period. The amount of such payments in any given year shall not be related to, or based on, the factors of production employed in any year after the base period.

No production shall be required in order to receive such payments. The amount of such payments shall compensate for less than 70 per cent of the producer’s income loss in the year the producer becomes eligible to receive this assistance. 100 per cent of the producer’s total loss. Payments shall compensate for not more than the total cost of replacing such losses and shall not require or specify the type or quantity of future production. 100 per cent of the producer’s total loss. Eligibility for such payments shall be determined by reference to clearly defined criteria in programmes designed to facilitate the retirement of persons engaged in marketable agricultural production, or their movement to non-agricultural activities. Payments shall be conditional upon the total and permanent retirement of the recipients from marketable agricultural production.

Eligibility for such payments shall be determined by reference to clearly defined criteria in programmes designed to remove land or other resources, including livestock, from marketable agricultural production. Payments shall be conditional upon the retirement of land from marketable agricultural production for a minimum of three years, and in the case of livestock on its slaughter or definitive permanent disposal. Payments shall not require or specify any alternative use for such land or other resources which involves the production of marketable agricultural products. Payments shall not be related to either the type or quantity of production or to the prices, domestic or international, applying to production undertaken using the land or other resources remaining in production. Eligibility for such payments shall be determined by reference to clearly-defined criteria in government programmes designed to assist the financial or physical restructuring of a producer’s operations in response to objectively demonstrated structural disadvantages. The payments shall be given only for the period of time necessary for the realization of the investment in respect of which they are provided. The payments shall not mandate or in any way designate the agricultural products to be produced by the recipients except to require them not to produce a particular product.

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The payments shall be limited to the amount required to compensate for the structural disadvantage. Eligibility for such payments shall be determined as part of a clearly-defined government environmental or conservation programme and be dependent on the fulfilment of specific conditions under the government programme, including conditions related to production methods or inputs. The amount of payment shall be limited to the extra costs or loss of income involved in complying with the government programme. Eligibility for such payments shall be limited to producers in disadvantaged regions. Payments shall be available only to producers in eligible regions, but generally available to all producers within such regions.

Where related to production factors, payments shall be made at a degressive rate above a threshold level of the factor concerned. The payments shall be limited to the extra costs or loss of income involved in undertaking agricultural production in the prescribed area. Subsidies under paragraph 1 shall include both budgetary outlays and revenue foregone by governments or their agents. Support at both the national and sub-national level shall be included.

Specific agricultural levies or fees paid by producers shall be deducted from the AMS. The AMS calculated as outlined below for the base period shall constitute the base level for the implementation of the reduction commitment on domestic support. For each basic agricultural product, a specific AMS shall be established, expressed in total monetary value terms. The AMS shall be calculated as close as practicable to the point of first sale of the basic agricultural product concerned. Measures directed at agricultural processors shall be included to the extent that such measures benefit the producers of the basic agricultural products.

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Market price support:  market price support shall be calculated using the gap between a fixed external reference price and the applied administered price multiplied by the quantity of production eligible to receive the applied administered price. Budgetary payments made to maintain this gap, such as buying-in or storage costs, shall not be included in the AMS. The fixed external reference price shall be based on the years 1986 to 1988 and shall generally be the average f. Non-exempt direct payments:  non-exempt direct payments which are dependent on a price gap shall be calculated either using the gap between the fixed reference price and the applied administered price multiplied by the quantity of production eligible to receive the administered price, or using budgetary outlays. The fixed reference price shall be based on the years 1986 to 1988 and shall generally be the actual price used for determining payment rates. Non-exempt direct payments which are based on factors other than price shall be measured using budgetary outlays. The equivalent measurements of support provided for in paragraph 1 shall be calculated on a product-specific basis for all basic agricultural products as close as practicable to the point of first sale receiving market price support and for which the calculation of the market price support component of the AMS is not practicable.

Equivalent measurements of support shall be calculated on the amount of subsidy as close as practicable to the point of first sale of the basic agricultural product concerned. Section I-B of Part I of the Schedule of the Member concerned, to 4 per cent of  base period domestic consumption of the designated products from the beginning of the first year of the implementation period and, thereafter, are increased by 0. At the beginning of any year of the implementation period a Member may cease to apply  special treatment in respect of the designated products by complying with the provisions of paragraph 6. In such a case, the Member concerned shall maintain the minimum access opportunities already in effect at such time and increase the minimum access opportunities by 0. Any negotiation on the question of whether there can be a continuation of the special treatment as set out in paragraph 1 after the end of the implementation period shall be completed within the time-frame of the implementation period itself as a part of the negotiations set out in Article 20 of this Agreement, taking into account the factors of non-trade concerns.

If it is agreed as a result of the negotiation referred to in paragraph 3 that a Member may continue to apply the special treatment, such Member shall confer additional and acceptable concessions as determined in that negotiation. Where the special treatment is not to be continued at the end of the implementation period, the Member concerned shall implement the provisions of paragraph 6. Border measures other than ordinary customs duties maintained in respect of the designated products shall become subject to the provisions of paragraph 2 of Article 4 with effect from the beginning of the year in which the special treatment ceases to apply. Any negotiation on the question of whether there can be a continuation of the special treatment as set out in paragraph 7 after the end of the 10th year following the beginning of the implementation period shall be initiated and completed within the time-frame of the 10th year itself following the beginning of the implementation period. If it is agreed as a result of the negotiation referred to in paragraph 8 that a Member may continue to apply the special treatment, such Member shall confer additional and acceptable concessions as determined in that negotiation. The calculation of the tariff equivalents, whether expressed as ad valorem or specific rates, shall be made using the actual difference between internal and external prices in a transparent manner.

Data used shall be for the years 1986 to 1988. External prices shall be, in general, actual average c. The external prices shall generally be converted to domestic currencies using the annual average market exchange rate for the same period as the price data. The internal price shall generally be a representative wholesale price ruling in the domestic market or an estimate of that price where adequate data is not available. The initial tariff equivalents may be adjusted, where necessary, to take account of differences in quality or variety using an appropriate coefficient. Where a tariff equivalent resulting from these guidelines is negative or lower than the current bound rate, the initial tariff equivalent may be established at the current bound rate or on the basis of national offers for that product.

Where an adjustment is made to the level of a tariff equivalent which would have resulted from the above guidelines, the Member concerned shall afford, on request, full opportunities for consultation with a view to negotiating appropriate solutions. Article are those covered by Article VI of GATT 1994 and Part V of the Agreement on Subsidies and Countervailing Measures. For the purposes of paragraphs 3 and 4 of this Annex, the provision of foodstuffs at subsidized prices with the objective of meeting food requirements of urban and rural poor in developing countries on a regular basis at reasonable prices shall be considered to be in conformity with the provisions of this paragraph. The texts reproduced in this section do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva. The States Parties to this Convention hereby establish the Organization for the Prohibition of Chemical Weapons to achieve the object and purpose of this Convention, to ensure the implementation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties.

All States Parties to this Convention shall be members of the Organization. A State Party shall not be deprived of its membership in the Organization. The seat of the Headquarters of the Organization shall be The Hague, Kingdom of the Netherlands. There are hereby established as the organs of the Organization: the Conference of the States Parties, the Executive Council, and the Technical Secretariat.