prevention. It also provides an alternative approach, addressing the failure of flag states to fulfil their obligations outside their territorial waters, particularly when those states run ‘flag of convenience’ regimes. There are a range of other maritime conventions that further deal with marine pollution.98 Agreements between states also deal with environmental problems in inland water bodies. Of relevance is the Convention on the Protection and Use of Transboundary Water Courses and International Lakes,99 which advocates measures to prevent, control and reduce any transboundary environmental impact. In the Asia Pacific region, the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin 1995 addresses the issue of prevention and cessation of environmental harms pertaining to the Mekong River Basin. This Agreement also addresses state responsibility for damage to the environment and amicable settlement of disputes in conformity with the UN Charter. Within the Pacific, regional agreements address a variety of issues including the transportation of hazardous waste and the conservation of migratory fish stocks.100 Environmental Harms in Air and Space In relation to air and space, the most pertinent instrument is the Convention on International Liability for Damage Caused by Space Objects 101 to which some Asia Pacific countries are parties. The basic principle is that States Parties bear international responsibility for all space objects which are launched within their territory. 102 Recommendations A list of recommendations is contained in Part 2. Amongst others, recommendations relevant to this term of reference include: • • • • • • • 1.3. 2.2. 2.4. 3.2. 3.3. 4.1. 4.2. Application of existing rights Development of Domestic Regulatory Regimes Participatory rights Issues affecting Implementation Environmental Impact Assessment Engaging with key stakeholders Public Awareness 98 See for example, the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto, which aims to prevent and minimise pollution of the marine environment by ships from operational or accidental causes. A relevant organisation is the International Maritime Organisation, which promotes cooperation on this issue. 99 Entered into force 6 October 1996. 100 See for example the Waigani Convention to Ban the Importation into Forum Island Countries of Hazardous and Radio Active Waste and to Control the Transboundary Movement of Hazardous Waste within the South Pacific Region, and the Convention for the Conservation of Highly Migratory Fish Stocks in Western and Central Pacific Ocean. 101 Entered into force 1 September 1972. 102 With regard to atmospheric pollution, see also the 1993 Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water @ http://www.ctbto.org - 29 -

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