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:
Article 27: Settlement of disputes
Article 28(2): Adoption of protocols
Article 29: Amendments to protocols
Article 30: Adoption and amendments of Annexes
Article 31: Right to vote
Article 32(1): Parties to protocols
Article 34: Ratification, acceptance or approval
Article 35: Accession
Article 36: Entry into force
Article 38: Withdrawal
Article 41: Depositary
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:
Article 27: Settlement of Disputes
Article 29: Amendment to the Convention or Protocols
Article 30: Adoption and Amendment of Annexes
Article 31: Right to Vote (but see also Article 29 of the Protocol)
Article 34: Ratification, Acceptance or Approval
Article 35: Accession
Article 41: Depositary
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 28–31).