Page images
PDF
EPUB

(VII.3 ; SETTLEIET OP DISPUTES

Negotiation and other pouceful noiss 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 disput. settlaont procedure

2. when ratifying, accepting, approving or acceding to this convention, or at any time thereafter, 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 inne facts and without special agreement, in relation to any Party accepting the same obligations (a) Submission of the dispute to the International Court of Justice,

and/or

(b)

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

A Party which 16 : regional economic integration organisation may make a declaration with like ottoct 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 expiros in accordance with its terms or until three months after written notice of its rovocation has been deposited with the Depository. 4. A now declaration, I notice of rovocation 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 concilation commission shall be created upon the request of one of the Parties to the dispute. The coumission shall be composed of an equal number of members appointed by sach Party concerned and chairman chosen jointly by the members appointed by each Party. The commission shall condor a (final and] recommandatory award, which the Partion shall consider in good faith.

Option II

5. A Party that has not made a declaration under paragraph 2 above or in rospect 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 moans, the dispute may be submitted only to the Arbitral Tribunal, unless tho 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 paragraphe 5 and 6 Ubove.

Related Lagal lastruoats 7./8. The provisions of this Article shall apply to any rolated legal instrument which the conference of Parties may adopt, unless the instrument provides otherwiso.j

56-600 O - 92 - 3

[ocr errors]
[merged small][ocr errors][merged small]

1. Any Party may propose amendments to this convention.
Adoption of noodaoats
2. Amendments to this convention shall be adopted at u (ordinary! (or
extraordinary! mooting of the Conference of the Partia. Tho toxt of any
proposed amendment to this convention shall be communicated to the Parties by
the secretariat at least six months before the nooting 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. It all
of tort, at consensus have been exhausted, and no agreemont roachod, the
amendment shall be adopted by a (two-thirds! (three-quarters) majority vote of
such Partie prosent and voting at the meeting (whose (not) emisions of
(greenhouse gases! 100, represent at least (***) (50%) 1758! (800) of
est luated global (net) coz! 1greenhouse gases! (emissions in the preceding
(live) your(s)1. The wondwont shall be submitted by the Depositary to all
Parties for their ratification, acceptance or approval.

[ocr errors][ocr errors][ocr errors]
[merged small][ocr errors]
[ocr errors][ocr errors]

For the purposes of this article, "Parties present and voting' means Parties present and casting an affirmative or negative voto. totoy lato force of Amendments 5. Instruments of ratification, acceptance or approval of amendments shai! be deposited with the Depositary. Amendments adopted in accordance with paragraph 3 above, for those statas having accepted the amendment, shall is unless otherwise provided in the amending instrument itself, ) enter into force on the ninotioth 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 (not) emissions of greenhouse gasos represent at least 808 of (net) global emissions in the proceding your). 6. The amendments shall enter into force for any other party on the ninetleth day after the date on which that Party deposito with the depositary it. instrument of ratification, acceptance or approval of the amendments.

HopC

$.

force

[blocks in formation]

Adoption
1. The Conference of the Parties may at any (ordinary! (or extraordinary)
meeting adopt Protocols to this convention (that are aimed at implementing the
( comprehensivel purposes and principles established in the convention,
specifying (comprehensive] moisurus 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

[merged small][merged small][ocr errors]

2. The text of any proposed Protocol shall be communicated to the Parties
by the secretariat at least six months before such a meeting.
Botry lato Porco
(3. The requirements for the entry into force of any Protocol shall be
established by that instrumont (and may include provisions regarding
(accelerated) (differentiatedl procedures for entry into forcoj.)

Parties to . 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.)

[ocr errors]

48

VII. 6. ADOPTION NID NOONDISIT OF NOBIBS TO TB CONVENTION

Lanoxos us lategral to the Convention

1. The Annexos to this convention shall form an integral part of this Convention and, unlos expressly provided otherwise, a reference to this Convention constitutos at the same time u rotorence to any Annexos thereto. (Such Annexos shall be restricted to (procedural, scientific, tochnical and administrative matters) (technical list, or forms of a scientific or technical character) (lists, forms and any other material of a descriptive natur. only).) Adoption of Additional laboxos to the coaveation

2.

[Additional) Annexes to the Convention shall be proposed and adopted according to the procedure set forth in Articl. (VII. 3.1 (Amendments to the Convention). (Such Annexus shall be rustricted to (procedural, scientific, technical and administrative mattors) (technical lists or forms of a sciontific or technical character) liiits, tormand any other material of a descriptive natur. only).) Procedure for tatry Lato force of Additional lanoxıs to the Convention 3. Annexos that have been adopted in accordance with paragraph 2 above shall enter into force for all partie, to the convention six months after the date on which the Depositary issues notices to such Parties 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 Annox. The Annox 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 recolved by the Depository. Procedure for deadacats to lanexos

The proposal, adoption and entry into force of amendments to Annexos to the Convention shall be subject to the same procedure us that for the proposal, adoption and entry into force of Annexos to the Convention. 5. If an additional Annox or an amendment to an Annex involves en wandmont to the Convontion, the additional Annox or wanded Annex shall not ontor into force until such time as the wondment to this convention enters into forco.

VII. 1.

RIGIT 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 voto with a number of votos equal to the number of their member states that are parties to the Convention (and which are prosent at the time the vote is taken). Such an organization shall not exorcis. its right to vote it any of its member States exercises its right, and vice versa.

[blocks in formation]

The Secretary-General of the United Nations shall be the depositary of this Convention.

[blocks in formation]

This convention shall be open for ignature by Status (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 I to J. and at the United Nations Headquarters in Now York from li to i .

VIII.3.

MTIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION

1. The Convention shall be subject to ratification, accoptance, 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 Econouic lategration Organisations 2. Any regional economic integration organization which becomes 1 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 Stato 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 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 Partie, of any substantial modification in the extent of their competence.

3.

[blocks in formation]

Option 11
The ninetieth day after the date of deposit of the (twentieth)
Itwenty-fifth) (fortioth) (fiftieth(sixtieth) (oightioth)
instrument of ratification, acceptance, approval or accension.
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 percent i (two-thirds )
(three-quarters) of ustimated total global not emissions in (year).
Option 3:
The ninetieth day after the date of deposit of the (twentieth)
(twenty-fifth] (fortlothi (fittioth) riixtieth) (oightieth)
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 (02) reprosent (one halt) (two-thirds) (throo-
quarters) of estimated total global net maissions in (yoari.
Option 4:
The ninetieth day after the date of deposit of the (twentieth)
(twenty-fifth] (fortloth) (fiftiethi isixtioth) loight ieth)
instrument of ritification, acceptance, approval of accession, or
the ninetloth day after the date of deposit of the instrument of
ratification, acceptance, approval or accossion from States or
regional economic integration organizations whose (net) emissions
of greenhouse gases (col represent (two-thirdo) (three-quarters /
ot ant imated total giobil net emissions in (your), whichever is the
earlior.

katoy lato force for Parties Oac. Convention Already la force

2.- for each state or regional •conomic integration organization that ratifios, accepts or approves this convention or acceder thoroto after the deposit of the (twentieth) [twenty-filth) (fortieth) (fiftieth) (sixtioth) (eightloth) Instrument of ratification, acceptance, approval of accession, 1:0 accordance with paragraph 11 it shall enter into force on the ninetieth day after the date of deposit by such state or regional economic integration organization of its instrumont of ratification, acceptance, approval or accossion.

Regional Economic lategration Organisations 3. For the purposes of paragraphs 1 and 2 above, any instrument deposited by a regional economic Integration organization shall not be counted us additional to those deposited by member states of the organization.

« PreviousContinue »