The Challenge of the Quorum at the International Whaling Commission

Figures & data

Table 1.  

	Quorum 1 (debate)				Quorum 2 (voting)
Instrument/body/assembly	(i) “Presence in the room”	(ii) “Presence at the meeting”	(iii) Different quora	(iv) Unspecific
Cartagena Convention (Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region)—General rules		Rule 26: Two-thirds of the Contracting Parties present at the meeting or conference shall constitute a quorum.			Rule 40: 1.(b) […] if efforts to achieve consensus have failed then such decision shall be taken by a three quarters majority of the Contracting Parties present and voting. 3. […] the phrase “Contracting Parties present and voting” means Contracting Parties present at the session at which voting takes place and casting an affirmative or negative vote.
CBD (Convention on Biological Diversity)—CoP			Rule 30: The President may declare a session of the meeting open and permit the debate to proceed if at least one third of the Parties to the Convention are present and have any decisions taken when representatives of at least two thirds of the Parties are present.		Rule 40: 2. “[…]shall be taken by a majority vote of the Parties present and voting.” 5. the phrase "Parties present and voting" means Parties present at the session at which voting takes place and casting an affirmative or negative vote. Parties abstaining from voting shall be considered as not voting.
CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora)—CoP		Rule 7: A quorum for a plenary session of the meeting or for a session of Committee I or II shall consist of one-half of the Parties having delegations at the meeting.			Rule 26: 1. all votes […] shall be decided by a simple majority of the Representatives present and voting, while all other decisions shall be taken by a two-thirds majority of Representatives present and voting. 2. […] “Representatives present and voting” means duly accredited Representatives present and casting an affirmative or negative vote.
CMS (Convention on the Conservation of Migratory Species of Wild Animals)—CoP		Rule 9: A quorum for plenary sessions and sessions of the Committee of the Whole of the meeting shall consist of one-half of the Parties having delegations at the meeting.			Rule 14: (2) “[…] all votes shall be taken by a two-thirds majority of votes cast.”
European Council					Art. 6.3: The presence of two thirds of the members of the European Council is required to enable the European Council to vote. When the vote is taken, the President shall check that there is a quorum.
European Parliament	Rule 178: A quorum shall exist when one third of the component Members of Parliament are present in the Chamber.				See Rules 59, 67, 82 and 168a. which will not be reproduced here for the sake of readability.
ICC (International Criminal Court) Assembly	Rule 44: The President may declare a meeting open and permit the debate to proceed when at least one third of the States Parties participating in the session are present				See Rules 63—65 which will not be reproduced here for the sake of readability. Rule 66: “[…] the phrase “States Parties present and voting” means States Parties present and casting an affirmative or negative vote.
International Whaling Commission—Bi-annual meetings				Rule B.1: Attendance by a majority of the members of the Commission shall constitute a quorum.	Rule E.3(a): Where a vote is taken on any matter before the Commission, a simple majority of those casting an affirmative or negative vote shall be decisive, except that a three-fourths majority of those casting an affirmative or negative vote shall be required
Ramsar Convention on Wetlands Especially as Waterfowl Habitat—CoP			Rule 29: The President may declare a session of the meeting open and permit the debate to proceed if at least one third of the Contracting Parties to the Convention are present, and may have decisions taken when representatives of at least two thirds of the Contracting Parties are present and voting.		Rule 29: The President may declare a session of the meeting open and permit the debate to proceed if at least one third of the Contracting Parties to the Convention are present, and may have decisions taken when representatives of at least two thirds of the Contracting Parties are present and voting.
Stockholm Convention on Persistent Organic Pollutants—CoP			Rule 35: The President shall not declare a session of the meeting of the Conference of the Parties open or permit the debate to proceed unless at least one third of the Parties to the Convention are present. The presence of two thirds of the Parties to the Convention shall be required for any decision to be taken.		Rule 35: The President shall not declare a meeting of the Conference of the Parties open or permit the debate to proceed unless at least one third of the Parties to the Convention are present. The presence of two thirds of the Parties to the Convention shall be required for any decision to be taken.
UNCCD (UN Convention to Combat Desertification)—CoP			Rule 37: The President shall not declare a meeting of the Conference of the Parties open or permit the debate to proceed unless at least one third of the Parties to the Convention are present. The presence of two thirds of the Parties to the Convention shall be required for any decision to be taken.		Rule 37: The President shall not declare a meeting of the Conference of the Parties open or permit the debate to proceed unless at least one third of the Parties to the Convention are present. The presence of two thirds of the Parties to the Convention shall be required for any decision to be taken.
UNFCCC (UN Framework Convention on Climate Change)—CoP			Rule 31: The President shall not declare a meeting of the Conference of the Parties open or permit the debate to proceed unless at least one third of the Parties to the Convention are present. The presence of two thirds of the Parties to the Convention shall be required for any decision to be taken.		Rule 31: The President shall not declare a meeting of the Conference of the Parties open or permit the debate to proceed unless at least one third of the Parties to the Convention are present. The presence of two thirds of the Parties to the Convention shall be required for any decision to be taken.
UN General Assembly			Rule 67: The President may declare a meeting open and permit the debate to proceed when at least one third of the members of the General Assembly are present. The presence of a majority of the members shall be required for any decision to be taken.		Rule 67: The President may declare a meeting open and permit the debate to proceed when at least one third of the members of the General Assembly are present. The presence of a majority of the members shall be required for any decision to be taken.
World Heritage Committee				Rule 17.1: 17.1 At plenary meetings, a quorum shall consist of a majority of the States members of the Committee.	Rule 37: Decisions of the Committee on matters covered by the provisions of the Convention shall be taken by a majority of two-thirds of its members present and voting. Rule 38: 1.[…] decisions of the Committee shall be taken by a majority of the States members present and voting. 2. […]shall be taken by a majority of the States members present and voting. Rule 39: For the purpose of the present Rules, the expression "States members present and voting" shall mean States members casting an affirmative or negative vote.