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(VII.3 SETTLEMENT OF DISPUTES

Negotiation and other peaceful means

1. In the event of a dispute between any two or more Parties concerning the interpretation or application of this Convention, the Parties concerned shall, at the request of any one of them, seek a settlement of the dispute through negotiation or any other peaceful means of their own choice.

Choice of dispute settlement procedure

2. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party which is not a regional economic integration organisation may declare in a written instrument submitted to the Depositary, that, in respect of any dispute concerning the interpretation in application of this Convention, it recognises as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation:

(a)

(b)

Submission of the dispute to the International Court of Justice,
and/or

Arbitration in accordance with the procedure set out in annex
III.

A Party which is a regional economic integration organisation may make a declaration with like effect in relation to arbitration in accordance with the procedure set out in Annex IV.

3. A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.

4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the Arbitral Tribunal, unless the Parties to the dispute otherwise agree.

Additional provisions

Option I

5. Subject to the operation of paragraph 2 above, if, after the expiry of twelve months following a request made under paragraph 1 above, the Parties concerned have not been able to settle their dispute through the means mentioned in that paragraph, the dispute shall be submitted, at the request of any of the Parties to it, to conciliation.

6. A conciliation commission shall be created upon the request of one of the Parties to the dispute. The commission shall be composed of an equal number of members appointed by each Party concerned and a chairman chosen jointly by the members appointed by each Party. The commission shall render a [final and] recommendatory award, which the Parties shall consider in good faith. Option II

5. A Party that has not made a declaration under paragraph 2 above or in respect of which a declaration is no longer in force shall be deemed to have accepted the competence of the Arbitral Tribunal.

6. If the Parties to any dispute have accepted the same means for the settlement of a dispute, the dispute may be submitted only to that procedure, unless the Parties otherwise agree. If, however, the Parties have not accepted the same means for the settlement of the dispute, or if they have accepted both means, the dispute may be submitted only to the Arbitral Tribunal, unless the Parties otherwise agree.

7. If, after the expiry of twelve months following a request made under paragraph 1 above, the Parties concerned have not been able to settle their dispute through the means mentioned in that paragraph, the dispute shall be submitted, at the request of any of the Parties to the dispute, for settlement in accordance with the procedure determined by the operation of paragraphs 5 and 6 above.

Related Legal Instruments

7./8. The provisions of this Article shall apply to any related legal instrument which the Conference of Parties may adopt, unless the instrument provides otherwise.j

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VII. 4. AMENDMENTS TO THE CONVENTION

Proposals

1. Any Party may propose amendments to this Convention.

Adoption of Amendments

2. Amendments to this Convention shall be adopted at a (ordinary] [or extraordinary] meeting of the Conference of the Parties. The text of any proposed amendment to this Convention shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate proposed amendments to the Signatories to the Convention for information.

3.

The Parties to the Convention shall make every effort to reach agreement on any proposed amendment to the Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall be adopted by a (two-thirds] [three-quarters] majority vote of such Parties present and voting at the meeting (whose [net] emissions of [greenhouse gases] [CO2 represent at least [xx] [50%] [75%] [80%] of estimated global [net] [CO2] (greenhouse gases] [emissions in the preceding [five] year[s]]. The amendment shall be submitted by the Depositary to all Parties for their ratification, acceptance or approval.

Voting

4. For the purposes of this Article, "Parties present and voting" means Parties present and casting an affirmative or negative vote.

Entry into Force of Amendments

5. Instruments of ratification, acceptance or approval of amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraph 3 above, for those States having accepted the amendment, shall [, unless otherwise provided in the amending instrument itself,] enter into force on the ninetieth day after the date of receipt by the Depositary of notification of their ratification, acceptance or approval, by at least [two-thirds] [three-quarters] of the Parties to this convention (and whose [net] emissions of greenhouse gases represent at least 80% of (net] global emissions in the preceding year].

6. The amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of ratification, acceptance or approval of the amendments.

Adoption

[VII. S. PROTOCOLS

1. The Conference of the Parties may at any (ordinary] (or extraordinary] meeting adopt Protocols to this Convention (that are aimed at implementing the (comprehensive] purposes and principles established in the Convention, specifying (comprehensive] measures or obligations relating to (certain] [all] aspects of climate change]. [The Protocols shall be in conformity with the provisions of the Convention.]

Notification to the Parties

2. The text of any proposed Protocol shall be communicated to the Parties by the secretariat at least six months before such a meeting.

Entry into Force

[3.

The requirements for the entry into force of any Protocol shall be established by that instrument (and may include provisions regarding [accelerated] (differentiated] procedures for entry into force].] Parties to a Protocol

4. Only Parties to the Convention may be Parties to a Protocol.

5. Decisions under any Protocol shall be taken only by the Parties to the Protocol concerned.]

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VII. 6. ADOPTION AND AMENDMENT OF ANNEXES TO THE CONVENTION

Annexes as Integral to the Convention

1.

The Annexes to this Convention shall form an integral part of this Convention and, unless expressly provided otherwise, a reference to this Convention constitutes at the same time a reference to any Annexes thereto. [Such Annexes shall be restricted to [procedural, scientific, technical and administrative matters] [technical lists or forms of a scientific or technical character)] [lists, forms and any other material of a descriptive nature only).]

Adoption of Additional Annexes to the Convention

2. [Additional] Annexes to the Convention shall be proposed and adopted according to the procedure set forth in Article [VII. 3.] (Amendments to the Convention). [Such Annexes shall be restricted to [procedural, scientific, technical and administrative matters] [technical lists or forms of a scientific or technical character] [lists, forms and any other material of a descriptive nature only].]

Procedure for Entry into Force of Additional Annexes to the Convention

3. Annexes that have been adopted in accordance with paragraph 2 above shall enter into force for all Parties to the Convention six months after the date on which the Depositary issues notices to such Parties of the adoption of the Annex, except for those Parties that have notified the Depositary, in writing, within that period of their non-acceptance of the Annex. The Annex shall enter into force for Parties which withdraw their notification of non-acceptance on the ninetieth day after the date of withdrawal of such notification has been received by the Depositary.

Procedure for Amendments to Annexes

4. The proposal, adoption and entry into force of amendments to Annexes to the Convention shall be subject to the same procedure as that for the proposal, adoption and entry into force of Annexes to the Convention.

5. If an additional Annex or an amendment to an Annex involves an amendment to the Convention, the additional Annex or amended Annex shall not enter into force until such time as the amendment to this Convention enters into force.

VII. 7. RIGHT TO VOTE

1. Each Party to the Convention shall have one vote, except as provided for in paragraph 2 below.

2.

Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to the Convention [and which are present at the time the vote is taken). Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

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VIII. FINAL CLAUSES

VIII.1. DEPOSITARY

The Secretary-General of the United Nations shall be the Depositary of

this Convention.

VIII.2. SIGNATURE

This Convention shall be open for signature by States [Members of the United Nations or members of the Specialized Agencies of the United Nations] and by regional economic integration organizations at [] from [ ] to [ ], and at the United Nations Headquarters in New York from [] to [ ].

VIII.3.

RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION

1. The Convention shall be subject to ratification, acceptance, approval or accession by States and by regional economic integration organizations. It shall be open for accession from the day after the date on which the Convention is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

Regional Economic Integration Organisations

2. Any regional economic integration organization which becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under the Convention. In the case of such organizations, one or more of whose member States is a Party to the Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under the Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently.

Declarations of Competence

3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their. competence with respect to the matters governed by the Convention. These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence.

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Option 1:

The ninetieth day after the date of deposit of the twentieth]
[twenty-fifth] [fortieth] [fiftieth] [sixtieth] [eightieth]
instrument of ratification, acceptance, approval or accession.

Option 2:

The ninetieth day after the date of deposit of the instrument of
ratification, acceptance, approval or accession from States or
regional economic integration organizations whose (net] emissions
of greenhouse gases (CO2] represent [fifty percent) (two-thirds]
(three-quarters] of estimated total global net emissions in [year].
Option 3:

The ninetieth day after the date of deposit of the twentieth]
[twenty-fifth] [fortieth] [fiftieth] [sixtieth] [eightieth]
instrument of ratification, acceptance, approval or accession by,
and of ratification, acceptance, approval or accession by States or
regional economic integration organizations whose [net] emissions
of greenhouse gases (CO2] represent (one half] (two-thirds] (three-
quarters) of estimated total global net emissions in [year].

Option 4:

The ninetieth day after the date of deposit of the [twentieth]
[twenty-fifth] [fortieth] [fiftieth] [sixtieth] [eightieth]
instrument of ratification, acceptance, approval or accession, or
the ninetieth day after the date of deposit of the instrument of
ratification, acceptance, approval or accession from States or
regional economic integration organizations whose [net] emissions
of greenhouse gases [CO2] represent (two-thirds] [three-quarters]
of estimated total global net emissions in [year], whichever is the
earlier.

Entry into Force for Parties Once Convention Already in Force

2. For each State or regional economic integration organization that ratifies, accepts or approves this Convention or accedes thereto after the deposit of the twentieth] [twenty-fifth] [fortieth] [fiftieth] [sixtieth] (eightieth] instrument of ratification, acceptance, approval or accession, an accordance with paragraph 1] it shall enter into force on the ninetieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or

accession.

Regional Economic Integration Organisations

3. For the purposes of paragraphs 1 and 2 above, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of the organization.

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