Decision-making

5.1.1 Efficiency of Commission meetings and Working Groups in addressing critical issues in a timely and effective manner

Recommendation	Responsible body	Activities to date	Status
5.1.1.1 Consensus decision-making has worked for CCAMLR over a long period of time. This is very positive but, as for any decision-making mechanism, there may have been costs associated with it. A distinction must be drawn between substantive issues and matters of implementation. While decisions possessing normative and regulatory effects must continue to be addressed on the basis of consensus, determining how such decisions were implemented could be submitted to a different procedure. Within the existing framework of the Convention, this can be achieved through: the provision by CMs that decisions regarding their implementation will be adopted by majority rule, or that any State concerned will abstain from participating in the decision, or that these decisions are not matters of substance (hence not requiring consensus), as envisaged by Article XII.2 of the Convention; in accordance with Article XIII.6 of the Convention, CCAMLR creating, as a subsidiary body, a panel composed of independent experts to deal with the determination of factual matters, such as compliance with a CM, i.e. the inclusion of a vessel on the IUU vessel list¹. The decision of such a panel would be binding. Another possibility that the Commission could consider is that panel decisions would be binding unless a negative consensus is reached subsequently by CCAMLR. This procedure would follow the example of the WTO dispute settlement mechanism, which allows the political body (DSB) to cast a decision of the Appellate Body in the last resort². This means that a panel decision on the interpretation or the application of a CM would be binding, provided that CCAMLR does not decide by consensus not to accept it. This system has the advantage of been quasi-judicial, in the sense that the decision by the impartial organ will generally be binding, but it would nevertheless still give the political organ (the Commission) the ability – which would likely be exceptional – to decide otherwise in the last resort. This would only be the case if the circumstances demanded it; even then consensus would be required.	Commission	Commission does have decision-making structure in place	Commission – not yet considered
5.1.1.2 These alternatives are preferable to the triggering of procedures under Article XXV in the case of a dispute as to the implementation of a measure. The mechanism established by this article depends in the last resort on the consent of the interested States to the use of a particular means of settlement of disputes, with the real possibility that a concerned State can then block the settlement of the dispute if it does not agree to submit the matter to the ICJ or to arbitration.			Commission – not yet considered

¹ CM 10-06 Scheme to promote compliance by Contracting Party vessels with CCAMLR conservation measures.

² See Article 16, paragraph 4 and Article 17, paragraph 14 of WTO 1986–1994 the Dispute Settlement Understanding of the World Trade Organisation (http://www.wto.org/english/tratop_e/dispu_e/dsu_e.htm#16) (www.wto.org/english/tratop_e/dispu_e/dsu_e.htm#17).

5.1.2 Extent to which CCAMLR has transparent and consistent decision-making procedures that facilitate the adoption of conservation measures in a timely and effective manner

Recommendation	Responsible body	Activities to date	Status
5.1.2.1 Decisions regarding the implementation of CMs can be submitted to one of the procedures envisaged in the preceding section.	Commission		Commission – not yet considered

5.1.3 Existence of an informal mechanism of cooperation between Members based on reciprocities

Recommendation	Responsible body	Activities to date	Status
5.1.3.1 The RP supported informal mechanisms of cooperation that are for the benefit of CCAMLR, and in conformity with the Convention and general international law. By contrast, any inter-Member States’ cooperation based on reciprocity in order to pursue particular interests must be avoided, and should be condemned.	Commission		Commission - complete

This page was last modified on 15 Mar 2018

CCAMLR

Commission for the Conservation of Antarctic Marine Living Resources

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Decision-making

5.1.1 Efficiency of Commission meetings and Working Groups in addressing critical issues in a timely and effective manner

5.1.2 Extent to which CCAMLR has transparent and consistent decision-making procedures that facilitate the adoption of conservation measures in a timely and effective manner

5.1.3 Existence of an informal mechanism of cooperation between Members based on reciprocities

Email:	ccamlr [at] ccamlr [dot] org
Telephone:	+61 3 6210 1111
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Address:	181 Macquarie Street, Hobart, 7000, Tasmania, Australia
Postal address:	PO Box 213, North Hobart 7002, Tasmania, Australia