Synergies or Conflicts : Challenges for the Mercury Treaty under Negotiation

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  • 国際法から見た水銀条約
  • コクサイホウ カラ ミタ スイギン ジョウヤク

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The mercury treaty, which is currently in the negotiation stages, is intended to cover the entire life-cycle of mercury, including its production, use, import and export, emissions into the environment, and disposal—all potential channels for exposure to mercury—in order to mitigate and prevent the adverse impacts mercury is known to have on human health and the environment. Since mercury has already been regulated under other chemical-related treaties, it is essential for this mercury treaty to provide a clear definition and scope for its regulation and to avoid the imposing of any obligations contradictory to the ones provided for in existing treaties onto participating countries. A coordination clause that would work to govern the relationship between this treaty and other existing treaties will be helpful for this purpose. Moreover, making institutional arrangements for continuous coordination, including coordination among treaty secretariats, will be necessary. It is also desirable that over the long-term, countries act to build a comprehensive framework that could manage and coordinate all chemical-related treaties.<br>Additionally, in regard to this proposed mercury treaty, measures that restrict trade in mercury, mercury-added products and mercury waste under negotiation are likely to be challenged as violations of WTO agreements, especially by non-parties to the mercury treaty. Such trade measures may be deemed incompatible with WTO agreements if a country restricts import from one country but allows the import of a “like product” from another country or if it allows domestic production of a “like product”. Providing conditions for using trade measures in a way that is consistent with WTO agreements is certainly worth taking into full consideration.

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