Article 32. Relationship with the CBD

Except as otherwise provided in this Protocol, the provisions of the Convention relating to its protocols shall apply to this Protocol.

708. As explained in the Introduction to this Guide, the CBD is the “parent” Convention of the Protocol. As such, the two instruments are closely linked. The CBD contains a number of provisions which relate not only to the CBD itself, but also to any protocols adopted under it. These are:

709. Articles 28(2), 32(1) and 38 are fundamental, in particular the fact that, in accordance with Article 32(1) of the CBD, only States and regional economic integration organizations (see Article 3(j)) that are Parties to the CBD may become Parties to any protocol adopted under the CBD.

710. The other provisions are “optional” in that when negotiating protocols to the CBD, Parties to the CBD are free in each case to agree upon different arrangements and to incorporate those into the provisions of the protocol concerned. If they choose to do this, then the special provisions of that protocol will apply. However, if they do not incorporate special rules then the relevant provisions of the CBD on its protocols (above) will apply.

711. In the case of the Protocol, there are a number of issues on which the Protocol does not contain special provisions. Therefore, relevant provisions of the CBD which apply are:

In addition, as noted elsewhere in this Guide, the Protocol creates several additional “links” to the CBD through use of the same institutional arrangements (see commentary on Articles 2831).

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