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| The legal input provided by the REC consists of constituent documents, protocols and a methodology for permanently monitoring the implementation of the agreement. Constituent Documents The REC prepared initial drafts of the following documents: Seat Agreement with the Government of Croatia, Rules of Procedure, Staff Regulations, Financial Rules, and Terms of Reference for the Secretariat. These documents were submitted to the consideration of the Legal Working Group (LWG) established under the Interim Sava Commission. The LWG agreed on the final versions of the documents to be submitted to the Permanent Sava Commission for approval. Protocols Methodology for Permanent Monitoring of the Implementation of the Agreement All draft documents prepared by the Environmental Law Programme of the REC have been submitted to and accepted by the Interim Sava Commission. Interim Commission The first meeting of the Interim Sava River Commission was held in April 2003. The work of the commission and its subsidiary bodies has proceeded with the support of the REC, which provides secretariat services to the commission and its bodies. The countries have established:
For more information on above mentioned groups please see The Final Report of the Interim Sava River Commission as adopted by the commission is available here. It has not been edited by the REC. (2.7-MB MS DOC file in ZIP archive) These bodies together have worked industriously on the various complex elements of the Sava River basin management system. The REC has ensured the smooth functioning of these bodies with secretariat support, including the production and distribution of documents, facilitation of communication — in particular with the international partners — and establishment of an interim secretariat website www.rec.org/rec/programs/sava. Interim Action Plan An Interim Action Plan for the Sava was developed by the Interim Sava River Commission in cooperation with international partners. This plan formed the basis for the development of infrastructure projects aimed at improving the regime for sustainable use of the river basin. Booz Allen Hamilton and the International Agricultural Centre (IAC) of the Netherlands provided key support throughout this effort. The Legal Working Group focused on developing and adopting key documents for the legal functioning of the permanent Sava Commission. These documents include:
The REC provided legal support in the drafting of these instruments, including the provision of first drafts for consideration by the Legal Working Group. International Framework Agreement The legal regime for the Sava was developed beyond the International Framework Agreement through the adoption of the Statute of the International Commission. The first protocol under the Framework Agreement was adopted: the Protocol on the Navigation Regime. Working groups were established to draft several of the nine other protocols envisioned under the Framework Agreement. The REC provided initial drafts of three of the protocols and is producing elements for an additional protocol (on floods). This latter instrument will represent a key development in the relevant international legal regime, as it is being coordinated with the development of several new international legal instruments on flood control (including one under the UNECE Convention on Protection and Use of International Watercourses and Transboundary Lakes). Finally, the REC drafted a methodology for the permanent monitoring of the implementation of the agreement with two elements, a system of reporting and a compliance mechanism. This draft is based on global and regional guidelines on compliance and enforcement of multilateral environmental agreements. Permanent International Sava River Basin Commission The permanent International Sava River Basin Commission begins its official work in spring 2005 on a firm basis, with substantial support from the governments of the four countries, the national stakeholders, and the international community. The Commission itself will be a major impetus to the implementation of concrete projects that will contribute to the re-establishment of the Sava River as an important artery between the countries. It will also help to ensure that its redevelopment takes place in accordance with international standards of river basin management, leading to sustainable development. The tasks of the International Sava River Basin Commission are daunting, despite the enormous assistance that has been provided so far. In the coming months, activities will focus on:
Additionally, the Interim Action Plan will need to be revisited and adopted as the official action plan of the permanent commission, which will still need to develop its own internal capacities to provide effective services to the member states and stakeholders. The framework agreement itself provides only an outline of the complex and multi-faceted regime that will need to be implemented for the Sava River to be redeveloped sustainably. Additional protocols will need to be drafted, adopted, ratified, and implemented, and other rules or guidelines will be needed for specific elements of river basin management. Finally, there are already many demands on the capacities of government authorities, many of them linked to the complexities of fundamental reforms and the provision of assistance. Unfortunately, in some Sava countries challenges also arise from continued political instability. The result is a continued need for international involvement and assistance in the management of the further development of cooperation between the countries. The US government is committed to providing continued support through secretariat, legal, and stakeholder services and infrastructure project development during this transition period. |
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