ACT 304 OF 1996
Official Gazette No. 42,852 of 9 August 1996
Through which the Agreement Establishing the Inter-American Institute for Research Global Change approved , IAI signed in Montevideo on 13 May 1992. Summary
THE CONGRESS OF THE REPUBLIC DECREES:
having regard to the text of the "Agreement Establishing the Inter-American Institute for Global Change Research", IAI signed in Montevideo on 13 May 1992. || | "AGREEMENT fOR tHE CREATION oF tHE INTER
fOR GLOBAL CHANGE RESEARCH
Recognizing that the processes and chemical, biological and physical long-term cycles of the Earth system suffer continuous alterations, both naturally occurring and man, which constitute what is known as global change induced;
Viewing with concern that scientific knowledge about the Earth system and the common understanding of environmental, economic and social effects caused by these changes on development, they are insufficient;
Aware that global change can affect vital resources for humans and other species;
Whereas policy requires accurate information and sound analyzes concerning the causes of Global and its physical, social, economic and ecological impacts change;
Viewing with concern that research on global issues requires cooperation among research institutes, states and different areas of inter-American region as well as regional and international programs for global change research;
Convinced that regional cooperation among States must complement national and global efforts to address these issues;
Bearing in mind that in order to encourage such regional cooperation, the creation of an Inter-American Institute for Global Change Research was initiated by the scientific community of the Americas at the White House Conference 1990 on the Scientific Research and Economic related to Global Change,
agreed as follows,
ARTICLE 1o. CREATION OF THE INSTITUTE. Parties hereby create the Inter-American Institute for Global Change Research, hereinafter referred to as the "Institute", as a regional network of cooperating research entities.
. OBJECTIVES. The Institute shall pursue the principles of scientific excellence, international cooperation and the full and open exchange of scientific information on global change. To this end, the Institute shall have the following objectives:
a) Promote regional cooperation for interdisciplinary research on aspects of global change related to the sciences of the earth, the sea, the atmosphere and the environment, as well as the social sciences, with special emphasis on its effects on ecosystems and biodiversity, socio-economic impacts, and technology and economics with the mitigation of global changes and adapt to them;
B) Conduct or sponsor programs and selected based on their relevance to the region and its scientific merit scientific projects, as determined by scientific evaluation;
C) Conduct a regional scale that research which can not make any state or institution individually, and focus their efforts on scientific issues of regional importance;
D) Improving scientific and technical capabilities and research infrastructure of the countries of the region by identifying and promoting the development of facilities for the implementation of data processing and through scientific and technical training of professionals ;
E) Foster standardization, collection, analysis and exchange of scientific information on global change;
F) Improve public awareness and provide scientific information to governments for policy making on global change;
G) Promote cooperation between research institutions in the region;
H) Promote cooperation with research institutions in other regions.
ARTICLE 3. SCIENTIFIC AGENDA. Under the above objectives, the Institute will have a Science Agenda evolving to reflect an appropriate balance among biogeographical areas of scientific importance, integrating scientific, economic and sociological research, and to focus its attention on regional issues as the Conference of the Parties, in accordance with articles V, VI, VII and VIII of this Agreement. The initial Scientific Agenda shall include:
a) The study of tropical ecosystems and biogeochemical cycles;
B) The study of the impact of climate change on biodiversity;
C) The study of El Niño-Southern Oscillation and interannual climate variability;
D) The study of interactions ocean / atmosphere / land in the intertropical Americas;
E) Comparative studies of oceanic, coastal and estuarine processes in temperate zones;
F) Comparative studies of temperate terrestrial ecosystems;
) Processes at high latitudes.
ARTICLE 4. ORGANS. The Institute shall consist of the following organs:
a) The Conference of the Parties;
B) The Executive Council;
C) The Scientific Advisory Committee;
D) The Directorate.
The 5th ITEM. CONFERENCE OF THE PARTIES.
1. The Conference of the Parties will be the main body responsible for formulating policies of the Institute.
2. Each Party shall be a member of the Conference of the Parties.
3. The Conference of the Parties shall meet at least once a year.
4. The Conference of the Parties shall:
a) Consider and take measures to establish, review and update policies and procedures of the Institute, and to evaluate its work and fulfill its objectives;
B) Periodically review and approve the Scientific Agenda of the Institute, following the recommendations of the Scientific Advisory Committee, and consider and approve its long-range plans and annual program and budget, taking into account:
i) processes or issues that are unique to the region and its relevance on a global scale;
Ii) The research potential in the region and its best use to contribute to the global effort to understand global change;
Iii) The need to integrate research on global issues through cooperation among research institutes, states and different areas of the Inter-American region, as well as collaboration with regional and international research programs change global;
C) Consider and approve the financial policies, the annual budget and accounting records of the Institute submitted by the Executive Director;
D) To elect the members of the Executive Board and the Scientific Advisory Committee, and the Executive Director;
E) Consider and approve the Regulations of the Executive Council;
F) To decide the place of its ordinary and extraordinary annual meetings, which rotate among the Parties;
G) Extend invitations association with the Institute through the Executive Director, pursuant to Article XI of this Agreement;
H) Authorize the Executive Director to conclude association agreements with those who agree to join the Institute;
I) Deciding on the creation and designation of Institute Research Centers and its location in accordance with Article IX;
J) Make decisions regarding the location of the Executive Directorate;
K) Establish ad hoc committees as necessary;
L) To approve the amendments to this Agreement pursuant to Section 3 of Article XV;
M) Perform other functions as necessary to achieve the objectives of the Institute.
ARTICLE 6o. EXECUTIVE COUNCIL.
1. The Executive Council shall be the executive body of the Institute.
2. The Executive Board shall consist of a maximum of nine members, elected by the Conference of the Parties for two years, taking into account the need for a geographically balanced representation.
3. The Executive Council shall meet at least twice a year and strive to hold its meetings on a rotating basis between different parties.
4. The Executive Council shall:
a) Develop recommendations on the policies of the Institute for submission to the consideration and approval of the Conference of the Parties;
B) Be aware that the Executive Director implements the policies adopted by the Conference of the Parties;
C) Make recommendations to the Conference of the Parties on long-term plans and annual program and budget;
D) Make recommendations to the Conference of the Parties on the financial policies of the Institute proposed by the Executive Director;
E) Appoint an external auditor and review the annual external audit of the financial records submitted by the Executive Director to the Conference of the Parties;
F) Make recommendations to the Conference of the Parties on the amendments to the Executive Board;
G) propose to the Conference of the Parties the designation of Institute Research Centers;
H) Perform other functions that the Conference of the Parties entrusted.
ARTICLE 7. SCIENTIFIC ADVISORY COMMITTEE.
1. The Scientific Advisory Committee will be the main scientific advisory body of the Institute.
The Scientific Advisory Committee shall be composed of ten members elected by the Conference of the Parties in their personal capacity for three years and may be reappointed for one additional term. The Conference of the Parties will elect six members of the Scientific Advisory Committee from nominations submitted by Parties; three members from among candidates nominated by the Scientific Advisory Committee itself; and one member from among candidates nominated by the Associate of the Institute. These members are internationally recognized for their scientific knowledge in areas related to the objectives of the Institute; will care that among them are widely represented subregions, the region and the world at large, as well as the various disciplines related to global change research.
3. The Scientific Advisory Committee will meet as required, but at least once a year.
4. The Scientific Advisory Committee shall:
a) Make recommendations to the Conference of the Parties on the Science Agenda, long-term plans and annual program of the Institute;
B) directing the review system parts of the Institute, ensuring that its rules prevent individual members of the Committee participate in the evaluation of the proposals that they have submitted;
C) to adopt its own regulations;
D) Establish scientific committees to address specific issues;
E) Assess the scientific results obtained by the Institute;
F) Perform any other functions assigned by the Conference of the Parties.
Article 8. EXECUTIVE MANAGEMENT.
1. The Executive Director shall be the chief administrative body of the Institute.
2. The Directorate shall be composed of an Executive Director and staff responsible.
3. The Executive Director shall be the chief executive officer of the Institute.
4. The Executive Director shall be elected by a two-thirds majority of the Conference of the Parties, from among candidates nominated by parties, for a period of three years, renewable for one additional term.
5. The Executive Director shall:
a) Prepare and submit to the Conference of the Parties through the Executive Council, the long-term plan and the proposed financial policies and the annual program and budget of the Institute, including funding allocations for Executive Management and Research Centers Institute, which will be updated annually;
B) implement financial policies and the annual program and budget approved by the Conference of the Parties, maintaining detailed records of all income and expenditure of the Institute, and committing authorized to managing the Institute;
C) Be responsible for the daily operation of the Institute's program and the implementation of policies adopted by the Conference of the Parties, in accordance with the directives of the Executive Council, and cooperate with it for these purposes;
D) To act as Secretary of the Conference of the Parties, the Executive Council and the Scientific Advisory Committee, and as such, participate in meetings of the organs of the Institute;
E) To promote and represent the interests of the Institute;
F) transmit to the Conference of the Parties offers to host the Institute Research Centers based on proposals received in accordance with Article IX;
G) Extend invitations to join the Institute once approved by the Conference of the Parties and conclude with each accepting Associate an Agreement of Association;
H) Submit annually to the Conference of the Parties, through the Executive Council, the audited accounting records;
I) Perform any other functions assigned by the Conference of the Parties or the Executive Council.
6. The Executive Director shall not be a citizen or permanent resident of the Party hosting the Directorate.
Article 9. INSTITUTE RESEARCH CENTRES.
1. The Conference of the Parties shall establish and appoint the Institute Research Centers based solely on the proposals submitted by Parties interested in hosting such Centers in their own territory.
2. Each Institute Research Center must commit long term to carry out a research program in line with the objectives of the Institute, which the Centre is responsible to the Institute. Each Research Center shall present its long-term plans and annual program and the approval of the Conference of the Parties budget, based on the recommendations of the Scientific Advisory Committee and the need for the Institute to integrate the plans and programs of all the Centers.
3. The Institute Research Centers shall, inter alia:
a) Conduct and support interdisciplinary research, both internal and external, on global change;
B) Collect data and promote the full exchange, open and efficient data and information between the Institute and the Parties;
C) To strengthen the capacity and infrastructure of existing institutions;
D) Create regional capacity and provide advanced training in areas related to global change;
E) Participate law, through their respective Directors, at meetings of the Conference of the Parties, the Executive Council and the Scientific Advisory Committee;
F) Perform other functions under this Agreement in relation to the research centers of the Institute or the Conference of the Parties entrusted to them.
4. The decision on the creation or designation of an Institute Research Center, the Conference of the Parties shall take into account:
a) The need to achieve broad coverage of all subregions of the Inter-American region biogeographically defined;
B) The need to consolidate a regional network of components oriented to different areas of the Scientific Agenda of the Institute;
C) The ease of access to the site for visiting scientists and technicians;
D) The availability of logistics support including, inter alia, mail, telecommunications and housing;
E) The demonstrable interest of scientists and governments in conducting global change research and in cooperating with other institutions;
F) The existence of a scientific institution or nucleus at the site actively engaged, in whole or significantly to global change research;
G) The possibility of an interest and stable long-term support to the objectives of research at the Institute;
H) The ability to contribute resources to the overall Institute through, inter alia, areas of specialty, expertise and location;
I) The conditions offered by the proposing Parties regarding the open and efficient transfer of funds related to the Institute, and ease of entry and departure of personnel and equipment whose relationship with the activity of the Institute is properly accredited;
J) The possibility of access to databases consolidated infrastructure and proximity to more specialized research on issues associated with global change and research training.
ARTICLE 10. AFFILIATED RESEARCH INSTITUTIONS.
1. Institutions to submit proposals for specific research projects through the appropriate Party, may be designated as affiliated to the Institute by decision of the Conference of the Parties, during the term of the project. The Conference will base its decision on the evaluation of the proposal, taking into account the opinion of the Scientific Advisory Committee on the scientific merit of the proposed project and its relevance to the objectives of the Institute.
2. Affiliated research institutions shall be responsible to the Institute for that part of his work is sponsored by it.
ARTICLE 11. ASSOCIATED INSTITUTE.
1. The Conference of the Parties may be invited to join the Institute States outside the region and regional and international intergovernmental organizations and industries and other non-governmental and private organizations in supporting the Scientific Agenda and programmatic activities of the institute.
2. Associates may participate as observers at meetings of the Conference of the Parties.
3. Associates have the right to collectively submit an application to the Scientific Advisory Committee, according to the procedure agreed between them.
4. Each Associate shall conclude with the Institute, through the Executive Director, an Association Agreement that the point or points of Scientific Agenda that will support the Associate and modalities for such support shall be specified.
ARTICLE 12. NATIONAL JURISDICTION. Undertaken, managed or sponsored by the Institute research is conducted in accordance with applicable laws Parties within their national jurisdiction, and shall not be conducted within the same against their wishes.
ARTICLE 13. FINANCIAL PROVISIONS.
1. The budget for operating expenses of the Institute, which will include the salaries of members of the Executive Directorate and basic support to the Executive Board, the Scientific Advisory Committee and the Executive Board, will be funded by voluntary contributions pledged annually by the Parties for a three-year period, according to the interests of the Parties. Those contributions are multiples of five thousand dollars. The Parties shall adopt the annual budget by consensus. The Parties recognize that regular contributions to the operational budget are essential to the success of the Institute and that the same research resources of the contributing parties should take into account.
2. The main research programs and specific projects sponsored by the Institute will be funded through voluntary financial contributions pledged by Parties and by the Associates of the Institute, or donated by other States outside the region countries, intergovernmental, regional or international bodies, and by industries and other interested non-governmental and private organizations in supporting the Scientific Agenda and programmatic activities of the Institute.
3. The Executive Board, with the cooperation of the Executive Director, propose to the Conference of the Parties, for approval, the creation of a reserve fund Capital that generates income from interest, as well as options to obtain resources through other means.
ARTICLE 14. PRIVILEGES AND IMMUNITIES AND OTHER PROVISIONS.
1. Headquarters Part of the Executive Board granted the Executive Director and the staff thereof that is not a national of that Party, privileges and immunities customarily accorded to international governmental organizations and allow the Executive Director and staff with out their duties.
2. Party headquarters of the Executive Directorate will sign a Headquarters Agreement with the Institute, which, taking into account international law, such privileges and immunities shall be stipulated.
3. Each Party shall, in the broadest way possible under its national laws or regulations, the entry into its territory and the exit of personnel properly accredited as being associated with the work of the Institute, as well as materials and equipment related to activities conducted under this Agreement.
ARTICLE 15. FINAL PROVISIONS.
1. This Agreement shall be available at the Oriental Republic of Uruguay for the signature of all the independent states of the Inter-American region, from 13 May 1992 until 12 May 1993. In those States Parties shall be deemed them Foundresses. Thereafter, this Agreement shall be open to the Depositary for accession by other independent states of the Inter-American region.
2. This Agreement shall enter into force sixty days after the date on which six independent States of the Inter-American region have notified the Depository, through diplomatic channels, compliance with applicable domestic legal requirements.
3. Amendments approved by the vote of two thirds of the Conference of the Parties shall enter into force sixty days after the date on which two thirds of the Parties have notified the Depository, through diplomatic channels, the fulfillment of internal legal requirements .
4. Any of the participants in this Agreement Parties may withdraw from it by giving written notice to the Depositary through diplomatic channels, six months before the effective date of withdrawal, without prejudice to compliance with the obligations has outstanding with regard to projects notification in progress.
5. The General Secretariat of the Organization of American States shall be the Depository of this Agreement.
6. This Agreement shall be registered by the Depository with the General Secretariat of the United Nations.
Signed in Montevideo, Uruguay, on May 13, 1992, in four originals
in Spanish, French, English and Portuguese languages.
For the Republic of Argentina,
For the Republic of Peru,
For the Eastern Republic of Uruguay,
For the Republic of Paraguay,
For the Republic of Ecuador,
For the Republic of Cuba,
For the Republic of Colombia,
The Chief subscribed (sic) the Office of the Ministry
(sic) Foreign DECLARES
That this faithful reproduction is taken photocopy of the certificate text of the "Agreement Establishing the Inter-American Institute for Global Change Research ", signed in Montevideo on May 13, 1992, which lies in the archives of the Legal Office of the Ministry.
Given in Santa Fe de Bogota DC, at twenty (22) days
of February in 1994 (1994).
HÉCTOR Sintura ADOLFO VARELA,
Head of the Legal Office.
EXECUTIVE BRANCH PUBLIC POWER PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, March 18, 1994 Approved
. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) César Gaviria Trujillo
The Minister of Foreign Affairs,
(Sgd.) Nohemi Sanin RUBIO. DECREES
ITEM 1A. To approve the "Agreement Establishing the Inter-American Institute for Global Change Research", IAI signed in Montevideo on 13 May 1992.
ARTICLE 2A. In accordance with the provisions of article 1. 7a Act. 1944, the "Agreement Establishing the Inter-American Institute for Global Change Research, IAI" signed in Montevideo on May 13, 1992, that article 1. of this Act is approved, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate, JULIUS CAESAR
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court
accordance with Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on August 5, 1996.
Ernesto Samper Pizano Minister of Foreign Affairs,
Maria Emma Mejia Velez.
The Minister of Environment, José Vicente MOGOLLÓN