Kevin Suzuki

Treaty Assignment 1
ES 325
Convention on Wetlands of International Importance especially as Waterfowl Habitat 1971
Link to Convention: http://portal.unesco.org/en/ev.phpURL_ID=15398&URL_DO=DO_TOPIC&URL_SECTION=201.html
1. What is the environmental problem? Causes? Geographic Scope? What is the type of
solution to that problem envisioned by the treaty? What parts of the problem does it address
or not?
The main environmental concern is the increasing loss and degradation of wetland habitat for
migratory waterfowls. (Preamble) However, the overarching goal is to halt the worldwide loss of
wetlands and to conserve those that still exist (Preamble) This problem can be attributed to the
fact that states are causing destruction to waterfowl habitats (wetlands) for national purposes.
The geographic scope is any location where there is a wetland, defined as areas of marsh, fen,
peatland or water, whether natural or artificial, permanent or temporary, with water that is static
or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide
does not exceed six metres (Article 1.1) The type of solution that is proposed is creating a
convention and a list of contracting parties which will designate at a minimum 1 suitable
wetlands within its territory for inclusion in a List of Wetlands of International Importance.
(Article 2.1) The wetlands are to be based on their international significance in terms of
ecology, botany, zoology, limnology or hydrology. (Article 2.2) This addresses the point of
increasing awareness and creating a list of waterfowl habitats that will be conserved. However, it
does not bind any of the states who signed this convention to protect the wetlands. By customary
law, it states that Each Contracting Party shall promote the conservation of wetlands and
waterfowl by establishing nature reserves on wetlands, whether they are included in the list or
not, and provide adequately for their wardening. (Article 4.1) Along with this customary law,
any state that deletes or restricts the boundaries of a wetland included in the list [] should
create additional nature reserves for waterfowl and for the protection, either in the same area or
elsewhere, of an adequate portion of the original habitat. (Article 4.2) Thus this convention tries
to increase awareness by creating a list of wetlands that should be conserved, but also allows
states to remove wetlands from the list under the assumption that these states will create alternate
nature reserves. As for addressing the problem of saving waterfowl habitats, it does not directly
solve this issue as this is not a treaty to restrict usage of wetland habitats.
2. Who has obligations under this treaty? What does the treaty require those entities to do?
What other actors will be affected by this treaty? In what ways?
Under this convention, the contracting parties are not obligated or forced to do anything to
physically preserve wetland habitats. Article 2.1 states that each contracting party shall
designate suitable wetlands within its territory for inclusion in a List of Wetlands of International
Importance [] Article 4.4 states that each contracting party shall designate at least one
wetland to be included in the list when signing this convention or when depositing its instrument

of ratification or accession [] Article 4.3 states that Contracting parties shall encourage
research and the exchange of data and publications regarding wetlands and their flora and
fauna. Article 4.4 states The contracting parties shall endeavour through management to
increase waterfowl populations on appropriate wetlands. Article 4.5 states the contracting
parties shall promote the training of personnel competent in the fields of wetland research,
management and wardening. Article 6.1 also states that the contracting parties shall, as the
necessity arises, convene Conferences on the Conservation of Wetlands and Waterfowl. The
other actors who will be affected are those nations which are signed on to this convention
because they must submit at least one wetland habitat to the list. Article 5 also states that the
contracting parties shall consult with each other about implementing obligations arising from
the convention [] and will make contracted states work together. However, this convention
will also affect The International Union for the Conservation of Nature and Natural Resources
because they are in charge of continuing bureau duties under this Convention until an
organization or government is appointed by a majority of two-thirds of all contracting parties.
(Article 8.1) Other states which are also not signed to this convention are also affected because
they may be pressured into signing up for this convention if other neighboring nations are signed
up.
3. How will the agreement be run? Does the treaty create an organization? If so, what is its
structure? Who makes decisions and how? If not, how will treaty actions be overseen?
The main agreement is that each contracted state will run itself and be responsible for its own
actions. The International Union for the Conservation of Nature and Natural Resources are
responsible for continuing bureau duties under the convention until an organization or
government is appointed by a majority of two-thirds of all contracting parties, as stated in Article
8.1. Decisions are made by each contracted party and they shall consult with each other
(Article 5) in various decisions stated above. Article 6.3 states The contracting parties shall
ensure that those responsible at all levels for wetlands management shall be informed of, and
take into consideration, recommendations of such conferences concerning the conservation,
management and wise use of wetlands and their flora and fauna. Thus decisions are made by
individual states which are contracted.
4. How do we know if actors do not do what is required by the treaty? What happens to
those who do not comply? To those who don't join?
Actors who do not comply with the convention as mentioned above have several options. If the
contracting party has to delete or restrict the boundaries of a wetland included in the list, it is
suggested that that party create an alternate nature reserve elsewhere of similar size. Also if the
contracting party has to delete or restrict the boundaries of a wetland, they are required to inform
the organization or government responsible within its state. To those who do not comply, it is not
stated what sanctions occur, but I believe that there are none because this is a convention and not
a treaty so it is not as binding. To those who do not join, it is not explicitly stated what will occur,
but I speculate nothing will occur.

5. What is the process for changing obligations under the treaty? Are amendments allowed?
If so, what is the process?
According to Article 9.3, Ratification or accession shall be effected by the deposit of an
instrument or ratification or accession with the Director-General of the United Nations
Educational, Scientific and Cultural Organization (The Depository). Thus for any changes to
occur, an instrument of ratification or accession must be deposited to the depository.
6. Are reservations/objections/opting out allowed? If so, what is the process? What is the
process for withdrawal from the treaty?
Opting out is allowed according to Article 11.2 which states Any contracting party may
denounce this convention after a period of five years from the date on which it entered into force
for that party by giving written notice thereof to the depository. Denunciation shall take effect
four months after the day on which notice thereof is received by the depository.
7. Who is eligible to join the treaty? How many states are bound by it? Which ones?
Article 9.2 states that Any member of the United Nations or of one of the specialized agencies
or the International Atomic Energy Agency or Party to the Statute of the International Court of
Justice may become a party to this convention through signature without reservation as to
ratification, signature subject to ratification followed by ratification or accession. Ramsar was
originally contracted by seven states when it was put into place on December 21 1975. As of
May 2014, there are 168 contracting states every contracting state has at least one Ramsar site.
(http://www.ramsar.org/country-profiles)

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