Protocol legal framework – questions and answers
On 17 June 1999, the Third Ministerial Conference on Environment and Health in London adopted the Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes.
- 1. What is the legislative framework of the Protocol?
- 2. As an international treaty, what makes the Protocol unique?
- 3. What are the other legally binding agreements issued by WHO?
- 4. What do “ratification”, “approval” and “acceptance” mean?
- 5. Can the European Commission ratify the Protocol?
- 6. When the European Commission confirms the Protocol, will it be equivalent to all its members ratifying?
- 7. Is there a deadline for becoming a Party?
- 8. What is the advantage of being a Party?
- 9. Do the countries that have only signed but not yet ratified the Protocol have an obligation to implement it?
- 10. Do countries need to sign and/or become a Party in order to implement the Protocol measures?
1. What is the legislative framework of the Protocol?
The Protocol is a binding international legal instrument which establishes broad commitments and a general system of governance for water, sanitation and health.
2. As an international treaty, what makes the Protocol unique?
The legal liability, which has never been included in provisions of any other agreement for the WHO European Region related to sustainable water management and reduction of water-related disease.
3. What are the other legally binding agreements issued by WHO?
The International Health Regulations (IHR) are an example of a legally binding agreement with global reach. The IHR require countries to notify WHO of all events that may constitute a public health emergency of international concern, and to respond to requests for verification of information regarding such events.
4. What do “ratification”, “approval” and “acceptance” mean?
Ratification is the international act by which countries that have already signed a treaty formally state their consent to be bound by it. Acceptance and approval are the legal equivalent of ratification and they both apply to countries that do not require national ratification of international treaties.
5. Can the European Commission ratify the Protocol?
The European Commission can become a Party to the treaty by means of formal confirmation, which has the same effect as ratification.
6. When the European Commission confirms the Protocol, will it be equivalent to all its members ratifying?
No. The European Commission and its member countries have competences that are mutually exclusive. The member countries of the European Union and the European Commission as a regional organization will become Protocol Parties as separate and distinct entities.
7. Is there a deadline for becoming a Party?
No, the Protocol keeps staying open to ratification, acceptance or approval for those countries that have signed, and is open for accession for those that have not. There is no deadline for countries to become Parties to the Protocol.
8. What is the advantage of being a Party?
As a Party, a country becomes a member of the Meeting of the Parties and able to play a role in making decisions regarding procedural, institutional, and financial issues. Parties establish national targets on priority water, sanitation and health issues, implement them and monitor progress towards their achievement.
9. Do the countries that have only signed but not yet ratified the Protocol have an obligation to implement it?
No. Signing the Protocol shows the government’s interest or intention to become a Party at a later stage. Once a country has signed it, it is also expected that its government will act in good faith not to undermine the provisions set out in the Treaty.
10. Do countries need to sign and/or become a Party in order to implement the Protocol measures?
No. Many countries have in place important and effective water, sanitation and health programmes. However, the Protocol is an important transnational standard which ensures effective sustainable management of water resources and adequate cooperation in case of outbreaks of communicable diseases associated with water and sanitation.
