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(VII.3 : SETTLEMENT OF DISPUTES

1.

Negotiation and other porceful sans

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, sook a settlement of the dispute through negotiation or any other peaceful means of their own choice. choice of disputo settla.nt procedure 2. When ratifying, accepting, approving or acceding to this convention, or at any time thereaftor, i 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 inco factand without special agreement, in relation to any Party accepting the same obligation:

Submission of the dispute to the International Court of Justice,

and/or (b)

Arbitration in accordance with the procedure set out in annex

III. A Party which 1: regional economic integration organisation may make a declaration with like offect in rolation 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 Depository. 4. A new declaration, : notice of revocation or the expiry of a declaration shall not in any way affect proceedings panding before the International Court of Justice or the Arbitral Tribunal, unless the Parties to the dispute otherwise agree. Additional provisions Option 1 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 sach Party concerned and a chairman chosen jointly by the members appointed by such Party. The commission shall condor . Itinai and] recommandatory 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 disputo have accepted the same means for the settlement of a dispute, the dispute may be submitted only to that procedure, unlos. the Parties otherwise agree. it, however, the Parties have not accepted the same means for the settlement of the dispute, or if they have accepted both nouns, the dispute may be submitted only to the Arbitril 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 proceduri determined by the operation of paragraphs 5 and 6 above. Rolated Logal lastruoats 1./8. The provisions of this Article shall apply to any colated legal instrument which the conferonce of Parties may adopt, unless the instrument provides otherwise.j

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VII. 4. NORDKENTS TO THB CONVQITION

Proposals
1. Any Party may propose amendments to this convention.
Adoption of noodausts
2.

Amendments to this convention shall be adopted at u (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) (co, represent at least (XX] (504) (758) (808) of estimated global ineti (602) (greenhouse gases! (emissions in the preceding [flve! year(s!!: The amendment shall be submitted by the Depository to alí Parties for their ratification, acceptance or approval. Votlag 4. for the purposes of this article, "Parties present and voting" means Partles present and casting an affirmative or negative vote. Botry into force of Amendments 5. Instruments of ratification, acceptance or approval of amendments shail 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 thoir ratification, acceptance or approval, by at least Itwo-thirds (three-quarterol of the Parties to thii convention (and whose inet) emissions of greenhouse gasos represent at least 808 of (net] global emisiions in the preceding your). 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.

(VII. 5. PROTOCOLS

Adoption

1. The Conference of the Parties may at any lordinary) for extraordinary) meeting adopt Protocols to this convention (that are aimed at implementing the (comprehensivel 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 moet ing. Botry into forco 13. The requirements for the entry into force of any Protocol shall be established by that instrument (and may include provisions regarding (accelerated) (differentiatedl procedures for entry into force ).) Parties to u 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. I

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VII. 6. ADOPTION AND WONDWENT OF ANNBIBS 10 TEL CONVENTION

Aanexos as integral to the convention 1. The Annexes to this convention shall form an integral part of this Convention and, unless exprously provided otherwise, a reference to this Convention constitutas at the same time a reference to any Annexos thereto. I Such Annexes shall be restricted to (procedural, scientific, technical and administrative matterol (technical lists or forms of a scientific or technical character) llists, forms and any other material of a descriptive nature only).) Adoption of Additional lanexos to the convention 2. [Additional] Annexes to the Convention shall be proposed and adopted according to the procedure set forth in Article (VII. 3.1 (Amendments to the Convention). (Such Annexos shall be rutricted to (procedural, scientific, technical and administrative matters) (technical llits or forms of a scientific or technical character) lilits, torms and any other material of a descriptive naturo only).) Procedure for tatry Lato force of Additional lagoxos to the Convention 3. Annexes that have been adoptod 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 noticos to such Partios of the adoption of the Annox, 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 thoir notification of non-acceptance on the ninetieth day aftor the date of withdrawal of such notification has been recoived by the Depositary. Procedure for Mendients to lanexos 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 Annexus to the convention. 5. If an additional Annex or an amendment to an Annex Involves an amendment to the Convention, the additional Annox or wonded Annox shall not enter into force until such time as the mendment to this convention enters into force.

VII. 7. RIGET TO VOTB

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 voto 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... 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 1 1 from 1 1 to 1
Jo and at the United Nations Headquarters in New York iron I to i lo

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 accussion 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 Status 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.. Declarıtions of competence

In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shaii declare the extent of their competence with sospect 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.

3.

[blocks in formation]

(Pour options) Option 1: The ninetieth day after the date of deposit of the (twentieth) Itwenty-fifth) (fortioth! (fiftieth) lilxtlethi loightieth 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 (coal represent (fifty percenti (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) (tortioth) (fittioth) (iixtieth) (oightieth) instrument of ritification, acceptanci, approval or accession by, ang of ratification, acceptance, approval of accession by states or regional economic integration organizations whose (net) emissions of greenhouse gases (coal roprosent (one halli (two-thirds ] (thr..quarters) of estimated total global net emissions in (year). Option 4 The ninetieth day after the date of deposit of the (twentieth) (twenty-fifth] (tortioth) (fiftieth] (sixtieth) (eightieth) instrument of ratification, acceptance, approval or accession, or the ninetieth day after the date of deposit of the instrument of ratification, acceptanco, approval or accession from States or regional economic integration organizations whose (net) emissions of greenhouse gases (coz! represent (two-thirds) Ithree-quarters) of estimated total global net emissions in (your), whichever is the

earlier. Botry lato force for Parties once convention Alrudy Lo Porce

Por each state or regional economic integration organization that ratifia, accepts or approves this convention or accedes thereto after the deposit of the (twentieth) (twenty-fifth] (fortieth) (fiftieth) (sixtieth) leightloth) Instrument of ratification, acceptance, approval or accessioni 1an 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 accossion. Regional Economic Integration Organintions

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.

2.

3.

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