184 |
Additional Protocol Concerning Compensation For Loss And Damage And For The Works To Be Carried Out By Finland In Connection With The Implementation Of The Agreement Concerning The Regulation Of Lake Inari By Means Of The Kaitakoski Hydroelectric Power Station And Dam |
Art.7 |
Article 7 |
184 |
Additional Protocol Concerning Compensation For Loss And Damage And For The Works To Be Carried Out By Finland In Connection With The Implementation Of The Agreement Concerning The Regulation Of Lake Inari By Means Of The Kaitakoski Hydroelectric Power Station And Dam |
Art.7.1x |
Any dispute arising between the USSR Ministry, the Norwegian Ministry and the Finnish Ministry concerning the application of this Agreement shall be settled by a Mixed Commission composed of two members appointed by the USSR Ministry, two members appointed by the Norwegian Ministry and two members appointed by the Finnish Ministry. If agreement is not reached in the Mixed Commission, the dispute shall be settled by the Government of the USSR, the Government of Norway and the Government of Finland through the diplomatic channel. |
2597 |
Convention Respecting Measures For The Preservation And Protection Of The Fur Seals In The North Pacific Ocean |
Art.11 |
Article 11 |
2597 |
Convention Respecting Measures For The Preservation And Protection Of The Fur Seals In The North Pacific Ocean |
Art.11.1x |
The United States further agrees to pay the sum of two hundred thousand dollars ($200,000) to Great Britain and the sum of two hundred thousand dollars ($200,000) to Japan when this Convention goes into effect, as an advance payment in each case in lieu of such number of fur-seal skins to which Great Britain and Japan respectively would be entitled under the provisions of this Convention as would be equivalent in each case to two hundred thousand dollars ($200,000) reckoned at their market value at London at the date of their delivery before dressing and curing and less cost of transportation from the Pribilof Islands, such market value in case of dispute to be determined by an umpire to be agreed upon by the United States and Great Britain, or by the United States and Japan, as the case may be, which skins shall be retained by the United States in satisfaction of such payments. |
2597 |
Convention Respecting Measures For The Preservation And Protection Of The Fur Seals In The North Pacific Ocean |
Art.11.2x |
The United States further agrees that the British and Japanese share respectively of the sealskins taken from the American herd under the terms of this Convention shall be not less than one thousand (1,000) each in any year even if such number is more than fifteen percent (15%) of the number to which the authorised killing is restricted in such year, unless the killing of seals in such year or years shall have been absolutely prohibited by the United States for all purposes except to supply food, clothing, and boat skins for the natives on the islands, in which case the United States agrees to pay to Great Britain and to Japan each the sum of ten thousand dollars ($10,000) annually in lieu of any share of skins during the years when no killing is allowed; and Great Britain agrees, and Japan agrees, that after deducting the skins of their respective shares, which are to be retained by the United States as above provided to reimburse itself for the advance payment aforesaid, the United States shall be entitled to reimburse itself for any annual payments made as herein required, by retaining an additional number of sealskins from the British and Japanese shares respectively over and above the specified minimum allowance of one thousand (1,000) skins in any subsequent year or years when killing is again resumed, until the whole number of skins retained shall equal, reckoned at their market value determined as above provided for, the entire amount so paid, with interest at the rate of four percent (4%) per annum. |
2597 |
Convention Respecting Measures For The Preservation And Protection Of The Fur Seals In The North Pacific Ocean |
Art.11.3x |
If, however, the total number of seals frequenting the United States islands in any year falls below one hundred thousand (100,000), enumerated by official count, then all killing, excepting the inconsiderable supply necessary for the support of the natives as above noted, may be suspended without allowance of skins or payment of money equivalent until the number of such seals again exceeds one hundred thousand (100,000), enumerated in like manner. |
2610 |
International Convention For The Campaign Against Contagious Diseases Of Animals |
Art.9 |
Article 9 Settlement of Disputes |
2610 |
International Convention For The Campaign Against Contagious Diseases Of Animals |
Art.9.1 |
1. If there should arise between the High Contracting Parties a dispute of any kind relating to the interpretation or application of the present Convention, and if such dispute cannot be satisfactorily settled by diplomacy, it shall be settled in accordance with any applicable agreements in force between the Parties providing for the settlement of international disputes. |
2610 |
International Convention For The Campaign Against Contagious Diseases Of Animals |
Art.9.2 |
2. In case there is no such agreement in force between the Parties, the dispute shall be referred to arbitration or judicial settlement. In the absence of agreement on the choice of another tribunal, the dispute shall, at the request of any one of the Parties, be referred to the Permanent Court of International Justice if all the Parties to the dispute are Parties to the Protocol[1] of December 16th, 1920, relating to the Statute of that Court and, if any of the Parties to the dispute is not a Party to the Protocol of December 16th, 1920, to an arbitral tribunal constituted in accordance with the Hague Convention [2] of October 18th, 1907, for the Pacific Settlement of International Disputes. |
2617 |
Constitution Of The Food And Agriculture Organization Of The United Nations |
Art.16 |
Article XVI Legal Status |
2617 |
Constitution Of The Food And Agriculture Organization Of The United Nations |
Art.16.1 |
1. The Organization shall have the capacity of a legal person to perform any legal act appropriate to its purpose which is not beyond the powers granted to it by this Constitution. |
2617 |
Constitution Of The Food And Agriculture Organization Of The United Nations |
Art.16.2 |
2. Each Member Nation and Associate Member undertakes, insofar as it may be possible under its constitutional procedure, to accord to the Organization all the immunities and facilities which it accords to diplomatic missions, including inviolability of premises and archives, immunity from suit and exemptions from taxation. |
2617 |
Constitution Of The Food And Agriculture Organization Of The United Nations |
Art.16.3 |
3. The Conference shall make provision for the determination by an administrative tribunal of disputes relating to the conditions and terms of appointment of members of the staff. |
2617 |
Constitution Of The Food And Agriculture Organization Of The United Nations |
Art.17 |
Article XVII Interpretation of the Constitution and Settlement of Legal Questions |
2617 |
Constitution Of The Food And Agriculture Organization Of The United Nations |
Art.17.1 |
1. Any question or dispute concerning the interpretation of this Constitution, if not settled by the Conference, shall be referred to the International Court of Justice in conformity with the Statute of the Court or to such other body as the Conference may determine. |
2617 |
Constitution Of The Food And Agriculture Organization Of The United Nations |
Art.17.2 |
2. Any request by the Organization to the International Court of Justice for an advisory opinion on legal questions arising within the scope of its activities shall be in accordance with any agreement between the Organization and the United Nations. |
2617 |
Constitution Of The Food And Agriculture Organization Of The United Nations |
Art.17.3 |
3. The reference of any question or dispute under this Article, or any request for an advisory opinion, shall be subject to procedures to be prescribed by the Conference. |
2663 |
Plant Protection Agreement For The Asia And Pacific Region |
Art.7 |
Article VII |
2663 |
Plant Protection Agreement For The Asia And Pacific Region |
Art.7.1x |
If there be any dispute regarding the interpretation or implementation of this Agreement, or regarding action taken by any Contracting Government under this Agreement, and such dispute cannot be resolved by the Committee, the Government or Governments concerned may request the Director-General of the Organization to appoint a committee of experts to consider such dispute. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.10 |
Article 10 |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.10.1 |
1. The special commission shall, in disputes arising under Article 7, apply the criteria listed in paragraph 2 of that Article. In disputes under Articles 4, 5, 6 and 8 the commission shall apply the following criteria, according to the issues involved in the dispute: |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.10.1.a |
(a) Common to the determination of disputes arising under Article 4, 5 and 6 are the requirements: |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.10.1.a.i |
(i) That scientific findings demonstrate the necessity of conservation measures; |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.10.1.a.ii |
(ii) That the specific measures are based on scientific findings and are practicable; and |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.10.1.a.iii |
(iii) That the measures do not discriminate, in form or in fact, against fishermen of other States. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.10.1.b |
(b) Applicable to the determination of disputes arising under Article 8 is the requirement that scientific findings demonstrate the necessity for conservation measures, or that the conservation program is adequate, as the case may be. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.10.2 |
2. The special commission may decide that pending its award the measures in dispute shall not be applied, provided that, in the case of disputes under Article 7, the measures shall only be suspended when it is apparent to the commission on the basis of prima facie evidence that the need for the urgent application of such measures does not exist. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.11 |
Article 11 |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.11.1x |
The decisions of the special commission shall be binding on the States concerned and the provisions of paragraph 2 of Article 94 of the Charter of the United Nations shall be applicable to those decisions. If the decisions are accompanied by any recommendations, they shall receive the greatest possible consideration. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.12 |
Article 12 |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.12.1 |
1. If the factual basis of the award of the special commission is altered by substantial changes in the conditions of the stock or stocks of fish or other living marine resources or in methods of fishing, any of the States concerned may request the other States to enter into negotiations with a view to prescribing by agreement the necessary modifications in the measures of conservation. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.12.2 |
2. If no agreement is reached within a reasonable period of time, any of the States concerned may again resort to the procedure contemplated by Article 9 provided that at least two years have elapsed from the original award. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.6 |
Article 6 |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.6.1 |
1. A coastal State has a special interest in the maintenance of the productivity of the living resources in any area of the high seas adjacent to its territorial sea. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.6.2 |
2. A coastal State is entitled to take part on an equal footing in any system of research and regulation for purposes of conservation of the living resources of the high seas in that area, even though its nationals do not carry on fishing there. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.6.3 |
3. A State whose nationals are engaged in fishing in any area of the high seas adjacent to the territorial sea of a coastal State shall, at the request of that coastal State, enter into negotiations with a view to prescribing by agreement the measures necessary for the conservation of the living resources of the high seas in that area. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.6.4 |
4. A State whose nationals are engaged in fishing in any area of the high seas adjacent to the territorial sea of a coastal State shall not enforce conservation measures in that area which are opposed to those which have been adopted by the coastal State, but may enter into negotiations with the coastal State with a view to prescribing by agreement the measures necessary for the conservation of the living resources of the high seas in that area. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.6.5 |
5. If the States concerned do not reach agreement with respect to conservation measures within twelve months, any of the parties may initiate the procedure contemplated by Article 9. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.9 |
Article 9 |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.9.1 |
1. Any dispute which may arise between States under Articles 4, 5, 6, 7 and 8 shall, at the request of any of the parties, be submitted for settlement to a special commission of five members, unless the parties agree to seek a solution by another method of peaceful settlement, as provided for in Article 33 of the Charter of the United Nations. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.9.2 |
2. The members of the commission, one of whom shall be designated as chairman, shall be named by agreement between the States in dispute within three months of the request for settlement in accordance with the provisions of this Article. Failing agreement they shall, upon the request of any State party, be named by the Secretary-General of the United Nations, within a further three-month period, in consultation with the States in dispute and with the President of the International Court of Justice and the Director-General of the Food and Agriculture Organization of the United Nations, from amongst well-qualified persons being nationals of States not involved in the dispute and specializing in legal, administrative or scientific questions relating to fisheries, depending upon the nature of the dispute to be settled. Any vacancy arising after the original appointment shall be filled in the same manner as provided for the initial selection. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.9.3 |
3. Any State party to proceedings under these Articles shall have the right to name one of its nationals to the special commission, with the right to participate fully in the proceedings on the same footing as a member of the commission but without the right to vote or to take part in the writing of the commission's decision. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.9.4 |
4. The commission shall determine its own procedure, assuring each party to the proceedings a full opportunity to he heard and to present its case. It shall also determine how the costs and expenses shall be divided between the parties to the dispute, failing agreement by the parties on this matter. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.9.5 |
5. The special commission shall render its decision within a period of five months from the time it is appointed unless it decides, in case of necessity, to extend the time limit for a period not exceeding three months. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.9.6 |
6. The special commission shall, in reaching its decisions, adhere to these Articles and to any special agreements between the disputing parties regarding settlement of the dispute. |
2675 |
Convention On Fishing And Conservation Of The Living Resources Of The High Seas |
Art.9.7 |
7. Decisions of the commission shall be by majority vote. |
2687 |
Convention Placing The International Poplar Commission Within The Framework Of The Food And Agriculture Organization Of The United Nations |
Art.15 |
ARTICLE XV: Interpretation and Settlement of Disputes |
2687 |
Convention Placing The International Poplar Commission Within The Framework Of The Food And Agriculture Organization Of The United Nations |
Art.15.1x |
Any dispute regarding the interpretation or application of this Convention, if not settled by the Commission, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairman chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If as the result of this procedure the dispute is not settled, it shall be referred to the International Court of Justice in accordance with the Statute of the Court, unless the parties to the dispute agree to another method of settlement. |
2688 |
Antarctic Treaty |
Art.11 |
Article XI |
2688 |
Antarctic Treaty |
Art.11.1 |
1. If any dispute arises between two or more of the Contracting Parties concerning the interpretation or application of the present Treaty, those Contracting Parties shall consult among themselves with a view to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice. |
2688 |
Antarctic Treaty |
Art.11.2 |
2. Any dispute of this character not so resolved shall, with the consent, in each case, of all parties to the dispute, be referred to the International Court of Justice for settlement; but failure to reach agreement on reference to the International Court shall not absolve parties to the dispute from the responsibility of continuing to seek to resolve it by any of the various peaceful means referred to in paragraph 1 of this Article. |
2688 |
Antarctic Treaty |
Art.8 |
Article VIII |
2688 |
Antarctic Treaty |
Art.8.1 |
1. In order to facilitate the exercise of their functions under the present Treaty, and without prejudice to the respective positions of the Contracting Parties relating to jurisdiction over all other persons in Antarctica, observers designated under paragraph 1 of Article VII and scientific personnel exchanged under sub-paragraph 1(b) of Article III of the Treaty, and members of the staffs accompanying any such persons, shall be subject only to the jurisdiction of the Contracting Party of which they are nationals in respect of all acts or omissions occurring while they are in Antarctica for the purpose of exercising their functions. |
2688 |
Antarctic Treaty |
Art.8.2 |
2. Without prejudice to the provisions of paragraph 1 of this Article, and pending the adoption of measures in pursuance of subparagraph 1(e) of Article IX, the Contracting Parties concerned in any case of dispute with regard to the exercise of jurisdiction in Antarctica shall immediately consult together with a view to reaching a mutually acceptable solution. |
2728 |
Nordic Mutual Emergency Assistance Agreement In Connection With Radiation Accidents |
Art.9 |
ARTICLE IX: Settlement of Disputes |
2728 |
Nordic Mutual Emergency Assistance Agreement In Connection With Radiation Accidents |
Art.9.1x |
Any dispute concerning the interpretation or application of this Agreement which is not settled by negotiation shall, at the request of any party to the dispute, be settled by arbitration, or, if the parties do not agree upon the constitution of an arbitral tribunal within three months after the request for arbitration was made, by the International Court of Justice. |
2729 |
Act Regarding Navigation And Economic Cooperation Between The States Of The Niger Basin |
Art.7 |
Article 7 |
2729 |
Act Regarding Navigation And Economic Cooperation Between The States Of The Niger Basin |
Art.7.1x |
Any dispute that may arise between the riparian States regarding the interpretation or application of the present Act shall be amicably settled by direct agreement between them or through the Inter-Governmental Organisation referred to in Articles 5 and 6 above. |
2729 |
Act Regarding Navigation And Economic Cooperation Between The States Of The Niger Basin |
Art.7.2x |
Failing such settlement, the dispute shall be decided by arbitration, in particular by the Commission of Mediation, Conciliation and Arbitration of the Organisation of African Unity, or by judicial settlement by the International Court of Justice. |
2757 |
Convention On The International Hydrographic Organization |
Art.17 |
ARTICLE XVII |
2757 |
Convention On The International Hydrographic Organization |
Art.17.1x |
Any dispute concerning the interpretation or application of this Convention which is not settled by negotiation or by the good offices of the Directing Committee shall, at the request of one of the parties to the dispute, be referred to an arbitrator designated by the President of the International Court of Justice. |
2758 |
Convention On The Conduct Of Fishing Operations In The North Atlantic |
Art.7 |
Article 7 |
2758 |
Convention On The Conduct Of Fishing Operations In The North Atlantic |
Art.7.1 |
(1) In any dispute that arises between the nationals of different Contracting Parties concerning damaged gear or damage to vessels resulting from entanglement of gear, the following procedure will apply in the absence of agreement among the Contracting Parties concerning the resolution of such disputes: |
2758 |
Convention On The Conduct Of Fishing Operations In The North Atlantic |
Art.7.1.ax |
At the request of the Contracting Party of a complainant each Contracting Party concerned will appoint a review board or other appropriate authority for handling the claim. These boards or other authorities will examine the facts and endeavour to bring about a settlement. |
2758 |
Convention On The Conduct Of Fishing Operations In The North Atlantic |
Art.7.2 |
(2) These arrangements are without prejudice to the rights of complainants to prosecute their claims by way of ordinary legal procedure. |
2760 |
Phytosanitary Convention For Africa |
|
|
2760 |
Phytosanitary Convention For Africa |
Art.10 |
Article X |
2760 |
Phytosanitary Convention For Africa |
Art.10.1x |
Any dispute concerning the interpretation or application of this Convention which cannot be resolved by the Educational, Scientific, Cultural and Health Commission shall be referred to the Commission of Mediation, Conciliation and Arbitration of the OAU. |
2760 |
Phytosanitary Convention For Africa |
Conc.1 |
In Faith Whereof, We the Heads of African State and Government have approved this Convention. |
2760 |
Phytosanitary Convention For Africa |
Conc.2 |
Done at Kinshasa in the Democratic Republic of Congo on the 13th day |
2768 |
Agreement For The Establishment For Arab Centre For The Studies Of Dry And Barren Land |
Art.20 |
Article 20 |
2768 |
Agreement For The Establishment For Arab Centre For The Studies Of Dry And Barren Land |
Art.20.1x |
The Council of the Arab League shall decide in any dispute which may arise about the application or the interpretation of this agreement on the request of any party to the dispute or the request of the head of the Administrative Council. |
2769 |
African Convention On The Conservation Of Nature And Natural Resources |
Art.14 |
Article XVIII Settlement of Disputes |
2769 |
African Convention On The Conservation Of Nature And Natural Resources |
Art.14.1x |
Any dispute between the Contracting States relating to the interpretation or application of this Convention which cannot be settled by negotiation, shall at the request of any party be submitted to the Commission of Mediation, Conciliation and Arbitration of the Organization of African Unity. |
2772 |
Agreement On Administrative Arrangements For The Prek Thnot (Cambodia) Power And Irrigation Development Project |
Art.9 |
Article IX |
2772 |
Agreement On Administrative Arrangements For The Prek Thnot (Cambodia) Power And Irrigation Development Project |
Art.9.1x |
Settlement of disputes arising out of the interpretation of this Agreement between the Government and a Cooperating Member or members shall first be sought through diplomatic channels. If an agreed settlement is not reached between the Parties, either Party may request the Secretary-General of the United Nations to lend his good offices for the purpose of solving the disputes. |
2773 |
European Convention For The Protection Of Animals During International Transport |
Art.47 |
Article 47 (FN: Text amended according to the provisions of the Additional Protocol (ETS No. 103) which entered into force on 7 November 1989.) |
2773 |
European Convention For The Protection Of Animals During International Transport |
Art.47.1 |
1. In case of a dispute regarding the interpretation or the application of the provisions of this Convention, the competent authorities of the Contracting Parties concerned shall consult with each other. Each Contracting Party shall communicate to the Secretary General of the Council of Europe the names and addresses of their competent authorities. |
2773 |
European Convention For The Protection Of Animals During International Transport |
Art.47.2 |
2. If the dispute has not been settled by this means, it shall, at the request of one or other of the parties to the dispute, be referred to arbitration. Each party shall nominate an arbitrator and the two arbitrators shall nominate a referee. If one of the two parties to the dispute has not nominated its arbitrator within the three months following the request for arbitration, he shall be nominated at the request of the other party to the dispute by the President of the European Court of Human Rights. If the latter should be a national of one of the parties to the dispute, this duty shall be carried out by the Vice-President of the Court or, if the Vice-President is a national of one of the parties to the dispute, by the most senior judge of the Court not being a national of one of the parties to the dispute. The same procedure shall be observed if the arbitrators cannot agree on the choice of referee. |
2773 |
European Convention For The Protection Of Animals During International Transport |
Art.47.2.ax |
In the event of a dispute between two Contracting Parties one of which is a member State of the European Economic Community, the latter itself being a Contracting Party, the other Contracting Party shall address the request for arbitration both to the member State and to the Community, which jointly shall notify it, within three months of receipt of the request, whether the member State or the Community, or the member State and the Community jointly, shall be party to the dispute. In the absence of such notification within the said time limit, the member State and the Community shall be considered as being one and the same party to the dispute for the purposes of the application of the of the provisions governing the constitution and procedure of the arbitration tribunal. The same shall apply when the member State and the Community jointly present themselves as party to the dispute. |
2773 |
European Convention For The Protection Of Animals During International Transport |
Art.47.3 |
3. The arbitration tribunal shall lay down its own procedure. Its decisions shall be taken by majority vote. Its award which shall be based on this Convention shall be final. |
2773 |
European Convention For The Protection Of Animals During International Transport |
Chapt.8 |
Chapter VIII – Final provisions |
2784 |
International Convention Relating To Intervention On The High Seas In Cases Of Oil Pollution Casualties |
Art.8 |
Article VIII |
2784 |
International Convention Relating To Intervention On The High Seas In Cases Of Oil Pollution Casualties |
Art.8.1 |
1. Any controversy between the Parties as to whether measures taken under Article I were in contravention of the provisions of the present Convention, to whether compensation is obliged to be paid under Article VI, and to the amount of such compensation shall, if settlement by negotiation between the Parties involved or between the Party which took the measures and the physical or corporate claimants has not been possible, and if the Parties do not otherwise agree, be submitted upon request of any of the Parties concerned to conciliation or, if conciliation does not succeed, to arbitration, as set out in the Annex to the present Convention. |
2784 |
International Convention Relating To Intervention On The High Seas In Cases Of Oil Pollution Casualties |
Art.8.2 |
2. The Party which took the measures shall not be entitled to refuse a request for conciliation or arbitration under provisions of the preceding paragraph solely on the grounds that any remedies under municipal law in its own courts have not been exhausted. |
2806 |
Agreement Between The Government Of Canada, The Government Of The Republic Of Iceland And The Government Of The Kingdom Of Norway Concerning An International Observer Scheme For Land-Based Whaling Stations In The North Atlantic Area |
Art.3 |
ARTICLE III |
2806 |
Agreement Between The Government Of Canada, The Government Of The Republic Of Iceland And The Government Of The Kingdom Of Norway Concerning An International Observer Scheme For Land-Based Whaling Stations In The North Atlantic Area |
Art.3.1 |
1. It shall be the duty of Observers to carry out surveillance at the land stations or groups of land stations in order to verify the observance of the provisions of the Convention. Observers shall at all times be responsible to the Commission and shall neither seek nor receive instructions from any authority other than the Commission. |
2806 |
Agreement Between The Government Of Canada, The Government Of The Republic Of Iceland And The Government Of The Kingdom Of Norway Concerning An International Observer Scheme For Land-Based Whaling Stations In The North Atlantic Area |
Art.3.2 |
2. Participating Governments receiving Observers shall accord them the status of senior officials and shall take appropriate measures to ensure the security, welfare, freedom and dignity of the Observers and any accompanying interpreters. In particular Participating Governments shall ensure suitable accommodation and medical care. |
2806 |
Agreement Between The Government Of Canada, The Government Of The Republic Of Iceland And The Government Of The Kingdom Of Norway Concerning An International Observer Scheme For Land-Based Whaling Stations In The North Atlantic Area |
Art.3.3 |
3. The Observers shall not be vested with any administrative power in regard to the activities of the land station or group of land stations to which they are appointed, and shall have no authority to interfere in any way with those activites. |
2806 |
Agreement Between The Government Of Canada, The Government Of The Republic Of Iceland And The Government Of The Kingdom Of Norway Concerning An International Observer Scheme For Land-Based Whaling Stations In The North Atlantic Area |
Art.3.4 |
4. Observers shall be enabled to observe freely the operations of the land station or group of land stations to which they are appointed, and shall be accorded the necessary facilities for carrying out their duties. In particular Observers shall be permitted to ascertain the species, size, sex and number of whales taken. |
2806 |
Agreement Between The Government Of Canada, The Government Of The Republic Of Iceland And The Government Of The Kingdom Of Norway Concerning An International Observer Scheme For Land-Based Whaling Stations In The North Atlantic Area |
Art.3.5 |
5. All reports required to be made, and all records and data required to be kept or supplied in accordance with the Schedule to the Convention, shall be freely and immediately available to the Observers for examination, and they shall be given all necessary explanations concerning such reports, records and data. |
2806 |
Agreement Between The Government Of Canada, The Government Of The Republic Of Iceland And The Government Of The Kingdom Of Norway Concerning An International Observer Scheme For Land-Based Whaling Stations In The North Atlantic Area |
Art.3.6 |
6. The manager, senior officials, or national inspectors, at any of the land stations or group of land stations where Observers are on duty, shall supply any information that is necessary for the discharge of the functions of the Observers. |
2806 |
Agreement Between The Government Of Canada, The Government Of The Republic Of Iceland And The Government Of The Kingdom Of Norway Concerning An International Observer Scheme For Land-Based Whaling Stations In The North Atlantic Area |
Art.3.7 |
7. When there is reasonable ground to believe that an infraction of the provisions of the Convention has taken place, it shall be brought in writing to the immediate notice both of the manager of the land station and of the senior national inspector by an Observer, who shall, if he deems it sufficiently serious, at once inform the Secretary of the Commission of the said infraction together with the explanation or comments of the manager of the land station and the senior national inspector. |
2806 |
Agreement Between The Government Of Canada, The Government Of The Republic Of Iceland And The Government Of The Kingdom Of Norway Concerning An International Observer Scheme For Land-Based Whaling Stations In The North Atlantic Area |
Art.3.8 |
8. An Observer shall draw up a report covering his observations including possible infractions of the provisions of the Convention and the Schedule which have taken place during the season, and shall submit it both to the manager of the land station and to the senior national inspector for information and such explanations and comments as they may wish to make. All such explanations and comments shall be attached to the Observer's report, which shall be transmitted to the Secretary of the Commission as soon as possible. |
2807 |
Convention On The Prohibition Of The Development, Production And Stockpiling Of Bacteriological (Biological) And Toxin Weapons, And On Their Destruction |
Art.6 |
ARTICLE VI |
2807 |
Convention On The Prohibition Of The Development, Production And Stockpiling Of Bacteriological (Biological) And Toxin Weapons, And On Their Destruction |
Art.6.1 |
(1) Any State Party to this Convention which finds that any other State Party is acting in breach of obligations deriving from the provisions of the Convention may lodge a complaint with the Security Council of the United Nations. Such a complaint should include all possible evidence confirming its validity, as well as a request for its consideration by the Security Council. |
2807 |
Convention On The Prohibition Of The Development, Production And Stockpiling Of Bacteriological (Biological) And Toxin Weapons, And On Their Destruction |
Art.6.2 |
(2) Each State Party to this Convention undertakes to cooperate in carrying out any investigation which the Security Council may initiate, in accordance with the provisions of the Charter of the United Nations, on the basis of the complaint received by the Council. The Security Council shall inform the States Parties to the Convention of the results of the investigation. |
2814 |
Convention On International Trade In Endangered Species Of Wild Fauna And Flora |
Art.18 |
Article XVIII |
2814 |
Convention On International Trade In Endangered Species Of Wild Fauna And Flora |
Art.18.1 |
1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be subject to negotiation between the Parties involved in the dispute. |
2814 |
Convention On International Trade In Endangered Species Of Wild Fauna And Flora |
Art.18.2 |
2. If the dispute can not be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision. |
2822 |
Convention On Fishing And Conservation Of The Living Resources In The Baltic Sea And the Belts |
Art.17 |
ARTICLE XVII |
2822 |
Convention On Fishing And Conservation Of The Living Resources In The Baltic Sea And the Belts |
Art.17.1 |
1. This Convention shall be subject to ratification or approval by the Signatory States. Instruments of ratification or instruments of approval shall be deposited with the Government of the Polish People's Republic which shall perform the functions of the Depositary Government. |
2822 |
Convention On Fishing And Conservation Of The Living Resources In The Baltic Sea And the Belts |
Art.17.2 |
2. This Convention shall be open for accession to any State interested in the preservation and rational exploitation of living resources in the Baltic Sea and the Belts, or to any intergovernmental economic integration organization to which the competence in the matters regulated by this Convention has been transferred by its Member States, provided that this state or organization is invited by the Contracting States. |
2822 |
Convention On Fishing And Conservation Of The Living Resources In The Baltic Sea And the Belts |
Art.17.3 |
3. Any reference to "Contracting State" in this Convention shall apply mutatis mutandis to the organizations mentioned under the previous paragraph and which have become Parties of this Convention. |
2822 |
Convention On Fishing And Conservation Of The Living Resources In The Baltic Sea And the Belts |
Art.17.4 |
4. In case of conflict between the obligations of an organization mentioned in paragraph 2 under this Convention and its obligations arising under the terms of the agreement establishing such an organization or any acts relating to it, the obligations under this Convention shall prevail. |
2838 |
Agreement Concerning A Joint Project For Planning, Design, Experiment, Preparation, Performance And Reporting Of Reactor Safety Experiments Concerning Containment Response |
Art.15 |
XV DISPUTES |
2838 |
Agreement Concerning A Joint Project For Planning, Design, Experiment, Preparation, Performance And Reporting Of Reactor Safety Experiments Concerning Containment Response |
Art.15.1x |
Any disputes between the parties involving other than AEC, concerning the application or interpretation of this Agreement, that are not satisfactorily settled through consultation, shall be submitted to Swedish court or, if so requested by one of the parties concerned, be referred for final settlement by arbitration in Stockholm according to the Swedish Act on arbitrators. With regard to any such dispute to which AEC is a party that are not satisfactorily settled through consultation, such disputes shall be decided by a court rather than by arbitration. |
2838 |
Agreement Concerning A Joint Project For Planning, Design, Experiment, Preparation, Performance And Reporting Of Reactor Safety Experiments Concerning Containment Response |
Art.15.2x |
This Agreement has been signed in nine copies, one for each party. |
2838 |
Agreement Concerning A Joint Project For Planning, Design, Experiment, Preparation, Performance And Reporting Of Reactor Safety Experiments Concerning Containment Response |
Art.15.3x |
[ED: Signatures omitted] |
2838 |
Agreement Concerning A Joint Project For Planning, Design, Experiment, Preparation, Performance And Reporting Of Reactor Safety Experiments Concerning Containment Response |
Art.15.4x |
1975 For COMMISSARIAT A L'ENERGIE ATOMIQUE FRANCE 1975 For ELECTRICITE DE FRANCE FRANCE 1975 For GESELLSCHAFT FÜR KERNENERGIEVERWERTUNG IN SCHIFFBATUND SCHIFFAHRT MBH FEDERAL REPUBLIC OF GERMANY For JAPAN ATOMIC ENERGY RESEARCH INSTITUTE JAPAN 1975 For UNITED STATES NUCLEAR REGULATORY COMMISSION (FORMER UNITED STATES ATOMIC ENERGY COMMISSION) USA For ATOMENERGIKOMMISSIONEN DENMARK 1975 For THE MINISTRY OF TRADE AND INDUSTRY FINLAND 1975 For INSTITUTT FOR ATOMENERGI NORWAY For AKTIEBOLAGET ATOMENERGI SWEDEN |
2841 |
Convention For The Protection Of The Mediterranean Sea Against Pollution |
Art.22 |
Article 22 |
2841 |
Convention For The Protection Of The Mediterranean Sea Against Pollution |
Art.22.1 |
1. In case of a dispute between Contracting Parties as to the interpretation or application of this Convention or the Protocols, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. |
2841 |
Convention For The Protection Of The Mediterranean Sea Against Pollution |
Art.22.2 |
2. If the Parties concerned cannot settle their dispute through the means mentioned in the preceding paragraph, the dispute shall upon common agreement be submitted to arbitration under the conditions laid down in Annex A to this Convention. |
2841 |
Convention For The Protection Of The Mediterranean Sea Against Pollution |
Art.22.3 |
3. Nevertheless, the Contracting Parties may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other Party accepting the same obligation, the application of the arbitration procedure in conformity with the provisions of Annex A. Such declaration shall be notified in writing to the Depositary, who shall communicate it to the other Parties. |
2845 |
European Convention For The Protection Of Animals Kept For Farming Purposes |
Art.10 |
Article 10 |
2845 |
European Convention For The Protection Of Animals Kept For Farming Purposes |
Art.10.1x |
The Standing Committee shall use its best endeavours to facilitate a friendly settlement of any difficulty which may arise between Contracting Parties concerning the implementation of this Convention. |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.10 |
Article 10 |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.10.1 |
1. If any difficulties should result from the application of Article 9, and a period of six months has gone by since such difficulties were noted by the International Commission, the latter, in order to present a report to the Governments, may call upon the services of an independent expert at the request of a Contracting Party. |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.10.2 |
2. The expenses relating to the inquiry, including the expert's fee, shall be divided among the Contracting Parties mentioned below, as follows: |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.10.2.ax |
Federal Republic of Germany two sevenths (2/7) |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.10.2.bx |
French Republic two sevenths (2/7) |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.10.2.cx |
Kingdom of the Netherlands two sevenths (2/7) |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.10.2.dx |
Swiss Confederation one seventh (1/7) |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.10.2.ex |
The International Commission may, in certain cases, establish a different method for dividing the expenses. |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.13 |
Article 13 |
2857 |
Convention On The Protection Of The Rhine Against Pollution By Chlorides |
Art.13.1x |
Any dispute between the Contracting Parties regarding the interpretation or application of the present Convention that cannot be settled by negotiation shall, except when the Parties to the dispute decide otherwise, be subject, at the request of one of them, to arbitration in accordance with the provisions of Annex B . The latter, as well as Annexes A, I, and II, shall form an integral part of this Convention. |
2858 |
Convention For The Protection Of The Rhine Against Chemical Pollution |
Art.15 |
Article 15 |
2858 |
Convention For The Protection Of The Rhine Against Chemical Pollution |
Art.15.1x |
Any dispute between the Contracting Parties concerning the interpretation or implementation of this Convention which cannot be settled by negotiation shall be submitted to arbitration unless the parties to the dispute decide otherwise and at the request of one of them, in accordance with the provisions of Annex B which shall form an integral part of this Convention. |
2883 |
Treaty For Amazonian Cooperation |
Art.19 |
ARTICLE XIX |
2883 |
Treaty For Amazonian Cooperation |
Art.19.1x |
Neither the signing of this Treaty nor its execution shall have any effect on any other international treaties in force between the Parties nor on any differences with regard to limits or territorial rights which may exist between the Parties nor shall the signing or implementation of this Treaty be interpreted or invoked to imply acceptance or renunciation, affirmation or modification, direct or indirect, express or tacit, of the position or interpretation that each Contracting Party may hold on these matters. |
2896 |
Convention On The Conservation Of Migratory Species Of Wild Animals |
Art.13 |
Article XIII |
2896 |
Convention On The Conservation Of Migratory Species Of Wild Animals |
Art.13.1 |
1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of this Convention shall be subject to negotiation between the Parties involved in the dispute. |
2896 |
Convention On The Conservation Of Migratory Species Of Wild Animals |
Art.13.2 |
2. If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision. |
2904 |
Convention On Long-Range Transboundary Air Pollution |
Art.13 |
Article 13 |
2904 |
Convention On Long-Range Transboundary Air Pollution |
Art.13.1x |
If a dispute arises between two or more Contracting Parties to the present Convention as to the interpretation or application of the Convention, they shall seek a solution by negotiation or by any other method of dispute settlement acceptable to the parties to the dispute. |
2905 |
International Plant Protection Convention (1979 Revised Text) |
Art.9 |
ARTICLE IX Settlement of disputes |
2905 |
International Plant Protection Convention (1979 Revised Text) |
Art.9.1 |
1. If there is any dispute regarding the interpretation or application of this Convention, or if a contracting party considers that any action by another contracting party is in conflict with the obligations of the latter under Articles V and VI of this Convention, especially regarding the basis of prohibiting or restricting the imports of plants or plant products coming from its territories, the government or governments concerned may request the Director-General of FAO to appoint a committee to consider the question in dispute. |
2905 |
International Plant Protection Convention (1979 Revised Text) |
Art.9.2 |
2. The Director-General of FAO shall thereupon, after consultation with the governments concerned, appoint a committee of experts which shall include representatives of those governments. This committee shall consider the question in dispute, taking into account all documents and other forms of evidence submitted by the governments concerned. This committee shall submit a report to the Director-General of FAO, who shall transmit it to the governments concerned and to the governments of other contracting parties. |
2905 |
International Plant Protection Convention (1979 Revised Text) |
Art.9.3 |
3. The contracting parties agree that the recommendations of such a committee, while not binding in character, will become the basis for renewed consideration by the governments concerned of the matter out of which the disagreement arose. |
2905 |
International Plant Protection Convention (1979 Revised Text) |
Art.9.4 |
4. The governments concerned shall share equally the expenses of the experts. |
2911 |
Convention On The Physical Protection Of Nuclear Material |
Art.17 |
Article 17 |
2911 |
Convention On The Physical Protection Of Nuclear Material |
Art.17.1 |
1. In the event of a dispute between two or more States Parties concerning the interpretation or application of this Convention, such States Parties shall consult with a view to the settlement of the dispute by negotiation, or by any other peaceful means of settling disputes acceptable to all parties to the dispute. |
2911 |
Convention On The Physical Protection Of Nuclear Material |
Art.17.2 |
2. Any dispute of this character which cannot be settled in the manner prescribed in paragraph 1 shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In case of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority. |
2911 |
Convention On The Physical Protection Of Nuclear Material |
Art.17.3 |
3. Each State Party may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2, with respect to a State Party which has made a reservation to that procedure. |
2911 |
Convention On The Physical Protection Of Nuclear Material |
Art.17.4 |
4. Any State Party which has made a reservation in accordance with paragraph 3 may at any time withdraw that reservation by notification to the depositary. |
2922 |
Convention Creating The Niger Basin Authority |
Art.15 |
Article 15 PROCEDURE FOR THE SETTLEMENT OF DISPUTES |
2922 |
Convention Creating The Niger Basin Authority |
Art.15.1x |
Any dispute that may arise among the member States over the interpretation and/or implementation of this Convention shall be amicably settled through direct negotiation. In the event of failure to settle such disputes, the matter shall be referred to the Summit by a party to such disputes and the decision on the same shall be final. |
2922 |
Convention Creating The Niger Basin Authority |
Sect.6 |
Chapter VI OTHER PROVISIONS |
2926 |
Convention For Cooperation In The Protection And Development Of The Marine And Coastal Environment Of The West And Central African Region |
Art.24 |
Article 24 SETTLEMENT OF DISPUTES |
2926 |
Convention For Cooperation In The Protection And Development Of The Marine And Coastal Environment Of The West And Central African Region |
Art.24.1 |
1. In case of a dispute between Contracting Parties as to the interpretation or application of this Convention or its related protocols, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. |
2926 |
Convention For Cooperation In The Protection And Development Of The Marine And Coastal Environment Of The West And Central African Region |
Art.24.2 |
2. If the Parties concerned cannot settle their dispute through the means mentioned in the preceding paragraph, the dispute shall be submitted to arbitration under conditions to be adopted by the Contracting Parties in an annex to this Convention. |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18 |
Article XVIII DUTIES AND FUNCTIONS OF THE COUNCIL |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x |
The Council shall have the duties and functions necessary to achieve the objectives of this Convention and its protocols, and in particular: |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.a |
(a) To adopt its internal regulations; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.b |
(b) To keep under review the implementation of the Convention and its protocols, and the action plan adopted for the achievement of the purposes of this Convention and its protocols; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.c |
(c) To make recommendations regarding the adoption of any additional protocols or any amendments to the Convention or to its protocols; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.d |
(d) To adopt, review and amend, as required, the annexes to this Convention and to its protocols; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.e |
(e) To adopt and conclude agreements with States or with organizations with similar purposes or interests within the aims of this Convention and for the achievement of its purposes and which the Council deems necessary for the discharge of its duties; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.f |
(f) To review and evaluate the state of the marine environment and coastal areas on the basis of reports provided by the Contracting Parties, or by the international organizations concerned; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.g |
(g) To establish subsidiary bodies and ad hoc working groups, as required, to consider any matters related to this Convention and its protocols or related to the annexes of this Convention and its protocols or related to the action plan; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.h |
(h) To consider reports submitted by the Contracting Parties and reports prepared by the General Secretariat on questions relating to the Convention and to matters relevant to the administration of the Organization and to decide upon them; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.i |
(i) To endeavour to settle any differences or disputes between the Contracting Parties as to the interpretation or implementation of this Convention or its protocols or annexes; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.j |
(j) To appoint the Secretary General; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.k |
(k) To adopt and issue its rules of procedure, administrative and financial regulations guided by the constitution and regulations of ALECSO. The Council may adopt or amend any other regulations necessary for the discharge of its duties; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.l |
(l) To adopt the financial rules which determine, in particular, the contributions of the Contracting Parties; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.m |
(m) To adopt the financial budget of the Organization; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.n |
(n) To adopt the projects and budgets for the Organization activities; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.o |
(o) To approve a report on the work and activities of the Organization to be submitted for information to the ALECSO General Conference; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.p |
(p) To define and develop relations between the Organization and Arab organizations or bodies; |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.18.1x.q |
(q) To perform any additional functions necessary for the achievement of the purposes of this Convention and its protocols or which the Council deems necessary for the discharge of its duties. |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.24 |
Article XXIV SETTLEMENT OF DISPUTES |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.24.1 |
1. In case of a dispute as to the interpretation or application of this Convention, its protocols or its annexes, the Contracting Parties concerned shall seek a settlement of the dispute through amicable means. |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.24.2 |
2. If the Contracting Parties concerned cannot settle the dispute, the matter shall be referred to the Council for its consideration. |
2935 |
Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment |
Art.24.3 |
3. If the Council does not reach a settlement of the dispute, it shall be submitted to the Committee for the Settlement of Disputes referred to in paragraph 2(c) of article XVI of this Convention. |
2942 |
Constitutional Agreement Of The Latin American Organization For Fisheries Development |
Art.38 |
Article 38 - DISPUTES |
2942 |
Constitutional Agreement Of The Latin American Organization For Fisheries Development |
Art.38.1x |
Disputes relating to the application and interpretation of this Agreement which are not settled by the Members concerned shall at the request of any party to the conflict be referred to the Conciliation Commission appointed for this purpose and comprising delegates of the member countries chosen by the parties to the dispute. |
2942 |
Constitutional Agreement Of The Latin American Organization For Fisheries Development |
Art.38.2x |
In the event that the dispute is not settled via the proceedings of the Conciliation Commission, the provisions of international law for the peaceful settlement of disputes shall be applied until a solution acceptable to the parties is found. |
2965 |
International Tropical Timber Agreement |
Art.29 |
Article 29 |
2965 |
International Tropical Timber Agreement |
Art.29.1x |
Any complaint that a member has failed to fulfil its obligations under this Agreement and any dispute concerning the interpretation or application of this Agreement shall be referred to the Council for decision. Decisions of the Council on these matters shall be final and binding. |
2973 |
Provisional Understanding Regarding Deep Seabed Matters |
Art.10 |
Paragraph 10 |
2973 |
Provisional Understanding Regarding Deep Seabed Matters |
Art.10.1x |
10. The Parties shall settle any dispute arising from the interpretation or application of this Agreement by appropriate means. The Parties to the dispute shall consider the possibility of recourse to binding arbitration and, if they agree, shall have recourse to it. |
2973 |
Provisional Understanding Regarding Deep Seabed Matters |
Art.14 |
Paragraph 14 |
2973 |
Provisional Understanding Regarding Deep Seabed Matters |
Art.14.1 |
14. (1) A Party may denounce this Agreement by written notice to all other Parties, subject to the provisions of paragraph 6. Such denunciation shall become effective 180 days-from the date of the latest receipt of such notice. |
2973 |
Provisional Understanding Regarding Deep Seabed Matters |
Art.14.2 |
(2) A Party may, for good cause related to the implementation of this Agreement, after consultation, serve written notice on another Party that, from a date not less than 90 days thereafter it will cease to give effect to paragraph 1 of this Agreement in respect of such other Party. The rights and obligations of these two Parties towards the other Parties remain unaffected by such notice. |
2973 |
Provisional Understanding Regarding Deep Seabed Matters |
Art.14.3 |
(3) Subsequent to such notice referred to in subparagraphs (1) and (2) , the Parties concerned shall seek, to the extent-possible, to mitigate adverse effects resulting therefrom. |
2982 |
Convention For The Protection Of The Ozone Layer |
Art.11 |
Article 11: Settlement of disputes |
2982 |
Convention For The Protection Of The Ozone Layer |
Art.11.1 |
1. In the event of a dispute between Parties concerning the interpretation or application of this Convention, the parties concerned shall seek solution by negotiation. |
2982 |
Convention For The Protection Of The Ozone Layer |
Art.11.2 |
2. If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party. |
2982 |
Convention For The Protection Of The Ozone Layer |
Art.11.3 |
3. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 or paragraph 2 above, it accepts one or both of the following means of dispute settlement as compulsory: |
2982 |
Convention For The Protection Of The Ozone Layer |
Art.11.3.a |
(a) Arbitration in accordance with procedures to be adopted by the Conference of the Parties at its first ordinary meeting; |
2982 |
Convention For The Protection Of The Ozone Layer |
Art.11.3.b |
(b) Submission of the dispute to the International Court of Justice. |
2982 |
Convention For The Protection Of The Ozone Layer |
Art.11.4 |
4. If the parties have not, in accordance with paragraph 3 above, accepted the same or any procedure, the dispute shall be submitted to conciliation in accordance with paragraph 5 below unless the parties otherwise agree. |
2982 |
Convention For The Protection Of The Ozone Layer |
Art.11.5 |
5. 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. |
2982 |
Convention For The Protection Of The Ozone Layer |
Art.11.6 |
6. The provisions of this Article shall apply with respect to any protocol except as provided in the protocol concerned. |
2990 |
ASEAN Agreement On The Conservation Of Nature And Natural Resources |
Art.30 |
ARTICLE 30 |
2990 |
ASEAN Agreement On The Conservation Of Nature And Natural Resources |
Art.30.1x |
Any dispute between the Contracting Parties arising out of the interpretation of implementation of this Agreement shall be settled amicably by consultation r negotiation. |
3003 |
Convention On Early Notification Of A Nuclear Accident |
Art.11 |
Article 11 |
3003 |
Convention On Early Notification Of A Nuclear Accident |
Art.11.1 |
1. In the event of a dispute between States Parties, or between a State Party and the Agency, concerning the interpretation or application of this Convention, the parties to the dispute shall consult with a view to the settlement of the dispute by negotiation or by any other peaceful means of settling disputes acceptable to them. |
3003 |
Convention On Early Notification Of A Nuclear Accident |
Art.11.2 |
2. If a dispute of this character between States Parties cannot be settled within one year from the request for consultation pursuant to paragraph 1, it shall, at the request of any party to such a dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary- General of the United Nations to appoint one or more arbitrators. In cases of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority. |
3003 |
Convention On Early Notification Of A Nuclear Accident |
Art.11.3 |
3. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2 with respect to a State Party for which such a declaration is in force. |
3003 |
Convention On Early Notification Of A Nuclear Accident |
Art.11.4 |
4. A State Party which has made a declaration in accordance with paragraph 3 may at any time withdraw it by notification to the depositary. |
3004 |
Convention On Assistance In The Case Of A Nuclear Accident Or Radiological Emergency |
Art.13 |
Article 13 |
3004 |
Convention On Assistance In The Case Of A Nuclear Accident Or Radiological Emergency |
Art.13.1 |
1. In the event of a dispute between States Parties, or between a State Party and the Agency, concerning the interpretation or application of this Convention, the parties to the dispute shall consult with a view to the settlement of the dispute by negotiation or by any other peaceful means of settling disputes acceptable to them. |
3004 |
Convention On Assistance In The Case Of A Nuclear Accident Or Radiological Emergency |
Art.13.2 |
2. If a dispute of this character between States Parties cannot be settled within one year from the request for consultation pursuant to paragraph 1, it shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of The International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In cases of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority. |
3004 |
Convention On Assistance In The Case Of A Nuclear Accident Or Radiological Emergency |
Art.13.3 |
3. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2 with respect to a State Party for which such a declaration is in force. |
3004 |
Convention On Assistance In The Case Of A Nuclear Accident Or Radiological Emergency |
Art.13.4 |
4. A State Party which has made a declaration in accordance with paragraph 3 may at any time withdraw it by notification to the depositary. |
3005 |
Convention For The Protection Of The Natural Resources And Environment Of The South Pacific Region |
Art.26 |
Article 26 |
3005 |
Convention For The Protection Of The Natural Resources And Environment Of The South Pacific Region |
Art.26.1 |
1. In case of a dispute between Parties as to the interpretation or application of this Convention or its Protocols, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. If the Parties concerned cannot reach agreement, they should seek the good offices of, or jointly request mediation by, a third Party. |
3005 |
Convention For The Protection Of The Natural Resources And Environment Of The South Pacific Region |
Art.26.2 |
2. If the Parties concerned cannot settle their dispute through the means mentioned in paragraph 1, the dispute shall, upon common agreement except as may be otherwise provided in any Protocol to this Convention, be submitted to arbitration under conditions laid down in the Annex on Arbitration to this Convention. However, failure to reach common agreement on submission of the dispute to arbitration shall not absolve the Parties from the responsibility of continuing to seek to resolve it by means referred to in paragraph 1. |
3005 |
Convention For The Protection Of The Natural Resources And Environment Of The South Pacific Region |
Art.26.3 |
3. A Party may at any time declare that it recognizes as compulsory ipso facto and without special agreement, in relation to any other Party accepting the same obligation, the application of the arbitration procedure set out in the Annex on Arbitration. Such declaration shall be notified in writing to the Depositary who shall promptly communicate it to the other Parties. |
3005 |
Convention For The Protection Of The Natural Resources And Environment Of The South Pacific Region |
Art.3 |
Article 3 |
3005 |
Convention For The Protection Of The Natural Resources And Environment Of The South Pacific Region |
Art.3.1x |
Any Party may add areas under its jurisdiction within the Pacific Ocean between the Tropic of Cancer and 60 degrees South latitude and between 130 degrees East longitude and 120 degrees West longitude to the Convention Area. Such addition shall be notified to the Depositary who shall promptly notify the other Parties and the Organisation. Such areas shall be incorporated within the Convention Area ninety days after notification to the Parties by the Depositary provided there has been no objection to the proposal to add new areas by any Party affected by that proposal. If there is any such objection the Parties concerned will consult with a view to resolving the matter. |
3042 |
Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal |
Art.19 |
Article 19 |
3042 |
Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal |
Art.19.1x |
Any Party which has reason to believe that another Party is acting or has acted in breach of its obligations under this Convention may inform the Secretariat thereof, and in such an event, shall simultaneously and immediately inform, directly or through the Secretariat, the Party against whom the allegations are made. All relevant information should be submitted by the Secretariat to the Parties. |
3042 |
Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal |
Art.20 |
Article 20 |
3042 |
Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal |
Art.20.1 |
1. In case of a dispute between Parties as to the interpretation or application of, or compliance with, this Convention or any protocol thereto, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. |
3042 |
Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal |
Art.20.2 |
2. If the Parties concerned cannot settle their dispute through the means mentioned in the preceding paragraph, the dispute, if the Parties to the dispute agree, shall be submitted to the International Court of Justice or to arbitration under the conditions set out in Annex VI on Arbitration. However, failure to reach common agreement on submission of the dispute to the International Court of Justice or to arbitration shall not absolve the Parties from the responsibility of continuing to seek to resolve it by the means referred to in paragraph 1. |
3042 |
Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal |
Art.20.3 |
3. When ratifying, accepting, approving, formally confirming or acceding to this Convention, or at any time thereafter, a State or political and/or economic integration organization may declare that it recognizes as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation: |
3042 |
Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal |
Art.20.3.a |
(a) submission of the dispute to the International Court of Justice; and/or |
3042 |
Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal |
Art.20.3.b |
(b) arbitration in accordance with the procedures set out in Annex VI. |
3042 |
Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal |
Art.20.3.cx |
Such declaration shall be notified in writing to the Secretariat which shall communicate it to the Parties. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.21 |
Article 21 Enforcement |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.21.1 |
1. The Executive Secretary shall promptly inform each State Party hereto, of the names of the vessels to which fishing access record forms have been issued, as well as the seas within 200 miles of the coastlines of coastal States Parties in which said permits are valid. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.21.2 |
2. Each coastal member State shall enforce the application measures set out in the present Agreement, in the seas adjacent to and within 200 miles of its coastline, according to its own domestic laws. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.21.3 |
3. Supervision and control of any vessel within the present Agreement's area of application and corresponding to the high seas, shall be the responsibility of the State under whose flag the vessel operates. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.21.4 |
4. When carrying out supervisory responsibilities of conservation measures with respect to vessels of another Member State, on account of violations of sea rights within 200 miles of their coastlines, the coastal state shall adopt the following measures: |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.21.4.a |
A. As soon as any enforcement or supervision measure be taken, immediately notify the State under whose flag the vessel operates, through diplomatic channels, as well as the Executive Secretary. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.21.4.b |
B. Withdraw fish, but only in ports, from the holds of vessels of other member States. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.21.5 |
5. Inspections on board shall be carried out expeditiously with a minimum of interference in fishing operations and involving the least possible risk to vessel and crew. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.21.6 |
6. The Member States shall adopt the necessary internal legislative measures for complying with their supervisory responsibilities under this Agreement, and shall cooperate in establishing a uniform system of sanctions and other penalties. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.22 |
Article 22 Sanctions |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.22.1 |
1. The Governing Board shall encourage member States to adopt a uniform system of sanctions and penalties for violations of the conservation measures agreed upon in this Agreement, applicable within their jurisdiction. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.22.2 |
2. The States Parties hereto shall in this respect apply legal measures and regulations established at domestic level for exercising their sovereign rights over the exploration, exploitation, conservation and management of species set out in Attachment (2) in the seas adjacent to and within 200 miles of coastal States pursuant to the international Law of the Seas. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.22.3 |
3. At the end of each year, Member States shall inform the Organization through its Secretariat of the number and nature of measures they have adopted within the Agreement's area of application. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.22.4 |
4. Should a vessel be detained or seized, this, together with its crew, shall be freed promptly upon compliance with each state's rulings applicable in such case. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.33 |
Article 33 Controversy |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.33.1 |
1. Any and all controversy relating to the application of the present Agreement that is not resolved among the interested member states, shall be submitted at the petition of any party to the controversy, to an ad-hoc conciliation system established for this purpose by the Governing Board. |
3049 |
Agreement Creating The Eastern Pacific Tuna Fishing Organization |
Art.33.2 |
2. Should the controversy not be resolved through the application of said procedure, recourse may be made to any other peaceful means foreseen in international law for resolving disputes. |
3078 |
Agreement On The Conservation Of Seals In The Wadden Sea |
Art.13 |
XIII. Settlement of Disputes |
3078 |
Agreement On The Conservation Of Seals In The Wadden Sea |
Art.13.1 |
1. Any dispute which may arise between the Parties with respect to the interpretation or application of the provisions of this Agreement shall be subject to negotiation between the Parties involved in the dispute. |
3078 |
Agreement On The Conservation Of Seals In The Wadden Sea |
Art.13.2 |
2. If the dispute cannot be resolved in accordance with paragraph 1 of this Article within six months, the procedure provided for in the European Convention for the peaceful settlement of disputes of 29 April 1957 shall be followed. |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15 |
ARTICLE 15 Conference of the Parties |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.1 |
1. A Conference of the Parties, made up of Ministers having the environment as their mandate, is hereby established. The first meeting of the Conference of the parties shall be convened by the Secretary General of the OAU not later than one year after the entry into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference at its first meeting. |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.2 |
2. The Conference of the Parties to this Convention shall adopt rules of procedure for itself and for any subsidiary body it may establish, as well as financial rules to determine in particular the financial rules to determine in particular the financial participation of the Parties to this Convention. |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.3 |
3. The Parties to this Convention at their first meeting shall consider any additional measures needed to assist them in fulfilling their responsibilities with respect to the protection and the preservation of the marine and inland waters environments in the context of this Convention. |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.4 |
4. The Conference of the Parties shall keep under continued review and evaluation the effective implementation of this Convention, and in addition, shall: |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.4.a |
(a) promote the harmonization of appropriate policies, strategies and measures for minimizing harm to human health and the environment by hazardous wastes; |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.4.b |
(b) consider and adopt amendments to this Convention and its annexes, taking into consideration, inter alia, available scientific, technical, economic and environmental information; |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.4.c |
(c) consider and undertake any additional action that may be required for the achievement of the purpose of this Convention in the light of experience gained in its operation and in the operation of the agreements and arrangements envisaged in Article 11 of this Convention; |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.4.d |
(d) consider and adopt protocols as required; |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.4.e |
(e) establish such subsidiary bodies as are deemed necessary for the implementation of this Convention; and |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.4.f |
(f) make decisions for the peaceful settlement of disputes arising from the transboundary movement of hazardous wastes, if need be, according to international law. |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.15.5 |
5. Organizations may be represented as observers at meetings of the Conference of the Parties. Any body or agency, whether national or international, governmental or non-governmental, qualified in fields relating to hazardous wastes which has informed the Secretariat, may be represented as an observer at a meeting of the Conference of the Parties. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties. |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.19 |
ARTICLE 19 Verification |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.19.1x |
Any Party which has reason to believe that another Party is acting or has acted in breach of its obligations under this Convention must inform the Secretariat thereof, and in such an event, shall simultaneously and immediately inform, directly or through the Secretariat, the Party against whom the allegations are made. The Secretariat shall carry out a verification of the substance of the allegation and submit a report thereof to all the Parties to this Convention. |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.20 |
ARTICLE 20 Settlement of Disputes |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.20.1 |
1. In case of dispute between Parties as to the interpretation or application of, or compliance with, this Convention or any Protocol thereto, the Parties shall seek a settlement of the dispute through negotiations or any other peaceful means of their own choice. |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.20.2 |
2. If the Parties concerned cannot settle their dispute as provided in paragraph 1 of this Article, the dispute shall be submitted either to an ad hoc organ set up by the Conference for this purpose, or to the International Court of Justice. |
3085 |
Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa |
Art.20.3 |
3. The conduct of arbitration of disputes between Parties by the ad hoc organ provided for in paragraph 2 of this Article shall be as provided in Annex V of this Convention. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.15 |
Article 15 |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.15.1 |
1. If a dispute arises between two or more Parties about the interpretation or application of this Convention, they shall seek a solution by negotiation or by any other method of dispute settlement acceptable to the parties to the dispute. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.15.2 |
2. When signing, ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 of this Article, it accepts one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation: |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.15.2.a |
(a) Submission of the dispute to the International Court of Justice; |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.15.2.b |
(b) Arbitration in accordance with the procedure set out in Appendix VII. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.15.3 |
3. If the parties to the dispute have accepted both means of dispute settlement referred to in paragraph 2 of this Article, the dispute may be submitted only to the International Court of Justice, unless the parties agree otherwise. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3 |
Article 3 |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.1 |
1. For a proposed activity listed in Appendix I that is likely to cause a significant adverse transboundary impact, the Party of origin shall, for the purposes of ensuring adequate and effective consultations under Article 5, notify any Party which it considers may be an affected Party as early as possible and no later than when informing its own public about that proposed activity. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.2 |
2. This notification shall contain, inter alia: |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.2.a |
(a) Information on the proposed activity, including any available information on its possible transboundary impact; |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.2.b |
(b) The nature of the possible decision; and |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.2.c |
(c) An indication of a reasonable time within which a response under paragraph 3 of this Article is required, taking into account the nature of the proposed activity; and may include the information set out in paragraph 5 of this Article. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.3 |
3. The affected Party shall respond to the Party of origin within the time specified in the notification, acknowledging receipt of the notification, and shall indicate whether it intends to participate in the environmental impact assessment procedure. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.4 |
4. If the affected Party indicates that it does not intend to participate in the environmental impact assessment procedure, or if it does not respond within the time specified in the notification, the provisions in paragraphs 5, 6, 7 and 8 of this Article and in Articles 4 to 7 will not apply. In such circumstances the right of a Party of origin to determine whether to carry out an environmental impact assessment on the basis of its national law and practice is not prejudiced. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.5 |
5. Upon receipt of a response from the affected Party indicating its desire to participate in the environmental impact assessment procedure, the Party of origin shall, if it has not already done so, provide to the affected Party: |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.5.a |
(a) Relevant information regarding the environmental impact assessment procedure, including an indication of the time schedule for transmittal of comments; and |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.5.b |
(b) Relevant information on the proposed activity and its possible significant adverse transboundary impact. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.6 |
6. An affected Party shall, at the request of the Party of origin, provide the latter with reasonably obtainable information relating to the potentially affected environment under the jurisdiction of the affected Party, where such information is necessary for the preparation of the environmental impact assessment documentation. The information shall be furnished promptly and, as appropriate, through a joint body where one exists. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.7 |
7. When a Party considers that it would be affected by a significant adverse transboundary impact of a proposed activity listed in Appendix I, and when no notification has taken place in accordance with paragraph 1 of this Article, the concerned Parties shall, at the request of the affected Party, exchange sufficient information for the purposes of holding discussions on whether there is likely to be a significant adverse transboundary impact. If those Parties agree that there is likely to be a significant adverse transboundary impact, the provisions of this Convention shall apply accordingly. If those Parties cannot agree whether there is likely to be a significant adverse transboundary impact, any such Party may submit that question to an inquiry commission in accordance with the provisions of Appendix IV to advise on the likelihood of significant adverse transboundary impact, unless they agree on another method of settling this question. |
3086 |
Convention On Environmental Impact Assessment In A Transboundary Context |
Art.3.8 |
8. The concerned Parties shall ensure that the public of the affected Party in the areas likely to be affected be informed of, and be provided with possibilities for making comments or objections on, the proposed activity, and for the transmittal of these comments or objections to the competent authority of the Party of origin, either directly to this authority or, where appropriate, through the Party of origin. |
3095 |
Western Indian Ocean Tuna Organization Convention |
Art.18 |
Article 18 |
3095 |
Western Indian Ocean Tuna Organization Convention |
Art.18.1 |
1. Any dispute regarding the interpretation or application of this convention, if not settled by the parties or the Board shall be referred to an arbitration tribunal. |
3095 |
Western Indian Ocean Tuna Organization Convention |
Art.18.2 |
2. The tribunal shall be composed of three persons: |
3095 |
Western Indian Ocean Tuna Organization Convention |
Art.18.2.a |
(a) one person appointed by each party to the dispute; |
3095 |
Western Indian Ocean Tuna Organization Convention |
Art.18.2.b |
(b) an independent chairman, appointed by the Board in consultation with the Parties to the dispute. |
3095 |
Western Indian Ocean Tuna Organization Convention |
Art.18.3 |
3. In the event the Board determines that arrangements under paragraph 2 are impracticable, it shall appoint an independent person to establish the tribunal. |
3095 |
Western Indian Ocean Tuna Organization Convention |
Art.18.4 |
4. (a) Unless the parties otherwise agree, the arbitration shall take place in a member country not party to the dispute. |
3095 |
Western Indian Ocean Tuna Organization Convention |
Art.18.4.b |
(b) The applicable rules of procedure for the tribunal shall be those in force in the member country where the arbitration takes place. |
3095 |
Western Indian Ocean Tuna Organization Convention |
Art.18.5 |
5. The decision of the tribunal shall be final and binding upon the parties to the dispute. |
3106 |
Agreement On The Conservation Of Populations of European Bats |
Art.9 |
ARTICLE IX |
3106 |
Agreement On The Conservation Of Populations of European Bats |
Art.9.1x |
Any dispute which may arise between Parties with respect to the interpretation or application of the provisions of this Agreement shall be subject to negotiations between the Parties involved in the dispute. |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.17 |
Article 17 Interpretation and Settlement of Disputes |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.17.1 |
1. Any dispute concerning the interpretation or application of this Agreement which cannot be settled by negotiation, conciliation or similar means may be referred by any party to the dispute to the Governing Council for its recommendation. Failing settlement of the dispute, the matter shall be submitted to an arbitral tribunal consisting of three arbitrators. The parties to the dispute shall appoint one arbitrator each; the two arbitrators so appointed shall designate by mutual agreement the third arbitrator, who shall be the President of the tribunal. If one of the Parties does not appoint an arbitrator within two months of the appointment of the first arbitrator, or if the President of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Chairman of the Governing Council shall designate him within a further two-month period. |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.17.2 |
2. Any Member State that fails to abide by an arbitral award rendered in accordance with paragraph 1 of this Article may be suspended from the exercise of the rights and privileges of membership by a simple majority of the Governing Council. |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8 |
Article 8 Functions of the Governing Council |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x |
The Functions of the Governing Council shall be: |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.a |
(a) to determine the policy of INFOPÊCHE and approve its programme of work and its budget; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.b |
(b) to determine the contributions of Member States as provided in Article 11; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.c |
(c) to establish special funds for the development of new programmes and projects; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.d |
(d) to lay down general standards and guidelines for the management of INFOPÊCHE including the fees to be charged for its services; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.e |
(e) to review the work and activities of INFOPÊCHE and the audited accounts, and give guidance to the Director of INFOPÊCHE on the implementation of its decisions; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.f |
(f) to adopt the Financial Regulations; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.g |
(g) to elect its Chairman and other officers, appoint the Director of INFOPÊCHE and, if necessary, a Deputy Director and to terminate their appointment; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.h |
(h) to adopt rules Governing the settlement of disputes, referred to in Article 17; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.i |
(i) to approve formal arrangements with other organizations or institutions and with governments; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.j |
(j) to adopt the Staff Regulations which fix the general conditions of service of the staff; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.k |
(k) to establish if it deems appropriate, sub-regional offices; |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.l |
(l) to establish technical committees whenever necessary to advise it on specific issues; and |
3108 |
Agreement For The Establishment Of The Intergovernmental Organization For Marketing Information And Cooperation Services For Fishery Products In Africa |
Art.8.1x.m |
(m) to perform all other functions that have been entrusted to it by this Agreement or that are ancillary to the accomplishment of the approved activities of INFOPÊCHE. |
3124 |
Convention On The Protection Of The Black Sea Against Pollution |
Art.25 |
Article XXV |
3124 |
Convention On The Protection Of The Black Sea Against Pollution |
Art.25.1x |
In case of dispute between Contracting Parties concerning the interpretation and implementation of this Convention, they shall seek a settlement of the dispute through negotiations or any other peaceful means of their own choice. |
3128 |
Convention On Biological Diversity |
Art.27 |
Article 27. Settlement of Disputes |
3128 |
Convention On Biological Diversity |
Art.27.1 |
1. In the event of a dispute between Contracting Parties concerning the interpretation or application of this Convention, the parties concerned shall seek solution by negotiation. |
3128 |
Convention On Biological Diversity |
Art.27.2 |
2. If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party. |
3128 |
Convention On Biological Diversity |
Art.27.3 |
3. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 or paragraph 2 above, it accepts one or both of the following means of dispute settlement as compulsory: |
3128 |
Convention On Biological Diversity |
Art.27.3.a |
(a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II; |
3128 |
Convention On Biological Diversity |
Art.27.3.b |
(b) Submission of the dispute to the International Court of Justice. |
3128 |
Convention On Biological Diversity |
Art.27.4 |
4. If the parties to the dispute have not, in accordance with paragraph 3 above, accepted the same or any procedure, the dispute shall be submitted to conciliation in accordance with Part 2 of Annex II unless the parties otherwise agree. |
3128 |
Convention On Biological Diversity |
Art.27.5 |
5. The provisions of this Article shall apply with respect to any protocol except as otherwise provided in the protocol concerned. |
3133 |
Cooperation Agreement On The Forecast, Prevention And Mitigation Of Natural And Technological Disasters |
Art.5 |
Article 5 |
3133 |
Cooperation Agreement On The Forecast, Prevention And Mitigation Of Natural And Technological Disasters |
Art.5.1x |
Disputes arising from the interpretation and implementation of the present Agreement, which cannot be solved by the Joint Committee, will be settled through diplomatic channels. |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10 |
ARTICLE X |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1 |
1. The functions of the Governing Council shall be to: |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.a |
(a) review the report and the recommendations submitted to it by the Executive Committee on the work of the Organization since its preceding regular session; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.b |
(b) determine the policy of the Organization and approve its programme of work and budget; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.c |
(c) determine the contributions of Member States as provided in Article XVI.3; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.d |
(d) adopt harmonized standards, guidelines and recommendations regarding plant protection; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.e |
(e) lay down general principles for the management and development of the Organization; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.f |
(f) review the report on the work of the Organization and the audited accounts referred to in Article XV.3(a) ; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.g |
(g) adopt the Financial Regulations and the Administrative Regulations of the Organization, and appoint auditors; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.h |
(h) elect the members of the Executive Committee referred to in Article XIII.1; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.i |
(i) appoint the Executive Director of the Organization in accordance with Article XV.1; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.j |
(j) admit States to membership in accordance with Article XIX.5; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.k |
(k) adopt amendments to this Agreement in accordance with Article XX; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.l |
(l) adopt rules governing the arbitration of disputes; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.m |
(m) approve formal arrangements with other organizations or institutions referred to in Article XVIII and with governments, including any headquarters agreement concluded between the Organization and the State in which the seat of the Organization is situated (hereinafter referred to as "the host State") ; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.n |
(n) decide on the creation of any subsidiary body which may be necessary or useful for the carrying out of the functions of the Organization and their dissolution when appropriate; |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.o |
(o) adopt Staff Regulations determining the general terms and conditions of employment of the staff; and |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.1.p |
(p) perform all other functions that have been entrusted to it by this Agreement or that are necessary or useful to carry out the Organization's activities. |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.10.2 |
2. The Governing Council may, within the limits determined by it, delegate any matter coming within its functions to the Executive Committee, with the exception, however, of the functions specified in sub-paragraphs (a), (b), (c), (d), (h), (i), (j) and (k) of paragraph 1. |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.22 |
ARTICLE XXII |
3152 |
Agreement On The Establishment Of The Near East Plant Protection Organization |
Art.22.1x |
Any dispute concerning the interpretation or application of this Agreement which cannot be settled by negotiation, conciliation or similar means may be referred by any party to the dispute to the Governing Council for its decision, which shall be final and binding upon the parties. |
3168 |
North American Agreement On Environmental Cooperation |
Art.10 |
Article 10: Council Functions |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.1 |
1. The Council shall be the governing body of the Commission and shall: |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.1.a |
(a) serve as a forum for the discussion of environmental matters within the scope of this Agreement; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.1.b |
(b) oversee the implementation and develop recommendations on the further elaboration of this Agreement and, to this end, the Council shall, within four years after the date of entry into force of this Agreement, review its operation and effectiveness in the light of experience; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.1.c |
(c) oversee the Secretariat; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.1.d |
(d) address questions and differences that may arise between the Parties regarding the interpretation or application of this Agreement; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.1.e |
(e) approve the annual program and budget of the Commission; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.1.f |
(f) promote and facilitate cooperation between the Parties with respect to environmental matters. |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2 |
2. The Council may consider, and develop recommendations regarding: |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.a |
(a) comparability of techniques and methodologies for data gathering and analysis, data management and electronic data communications on matters covered by this Agreement; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.b |
(b) pollution prevention techniques and strategies; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.c |
(c) approaches and common indicators for reporting on the state of the environment; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.d |
(d) the use of economic instruments for the pursuit of domestic and internationally agreed environmental objectives; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.e |
(e) scientific research and technology development in respect of environmental matters; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.f |
(f) promotion of public awareness regarding the environment; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.g |
(g) transboundary and border environmental issues, such as the long-range transport of air and marine pollutants; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.h |
(h) exotic species that may be harmful; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.i |
(i) the conservation and protection of wild flora and fauna and their habitat, and specially protected natural areas; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.j |
(j) the protection of endangered and threatened species; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.k |
(k) environmental emergency preparedness and response activities; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.l |
(1) environmental matters as they relate to economic development; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.m |
(m) the environmental implications of goods throughout their life cycles; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.n |
(n) human resource training and development in the environmental field; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.o |
(o) the exchange of environmental scientists and officials; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.p |
(p) approaches to environmental compliance and enforcement; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.q |
(q) ecologically sensitive national accounts; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.r |
(r) eco-labelling; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.2.s |
(s) other matters as it may decide. |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.3 |
3. The Council shall strengthen cooperation on the development and continuing improvement of environmental laws and regulations, including by: |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.3.a |
(a) promoting the exchange of information on criteria and methodologies used in establishing domestic environmental standards; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.3.b |
(b) without reducing levels of environmental protection, establishing a process for developing recommendations on greater compatibility of environmental technical regulations, standards and conformity assessment procedures in a manner consistent with the NAFTA. |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.4 |
4. The Council shall encourage: |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.4.a |
(a) effective enforcement by each Party of its environmental laws and regulations; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.4.b |
(b) compliance with those laws and regulations; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.4.c |
(c) technical cooperation between the Parties. |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.5 |
5. The Council shall promote and, as appropriate, develop recommendations regarding: |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.5.a |
(a) public access to information concerning the environment that is held by public authorities of each Party, including information on hazardous materials and activities in its communities, and opportunity to participate in decision-making processes related to such public access; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.5.b |
(b) appropriate limits for specific pollutants, taking into account differences in ecosystems. |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.6 |
6. The Council shall cooperate with the NAFTA Free Trade Commission to achieve the environmental goals and objectives of the NAFTA by: |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.6.a |
(a) acting as a point of inquiry and receipt for comments from non-governmental organizations and persons concerning those goals and objectives; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.6.b |
(b) providing assistance in consultations under Article 1114 of the NAFTA where a Party considers that another Party is waiving or derogating from, or offering to waive or otherwise derogate from, an environmental measure as an encouragement to establish, acquire, expand or retain an investment of an investor, with a view to avoiding any such encouragement; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.6.c |
(c) contributing to the prevention or resolution of environment-related trade disputes by: |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.6.c.i |
(i) seeking to avoid disputes between the Parties, |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.6.c.ii |
(ii)making recommendations to the Free Trade Commission with respect to the avoidance of such disputes, and |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.6.c.iii |
(iii) identifying experts able to provide information or technical advice to NAFTA committees, working groups and other NAFTA bodies; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.6.d |
(d) considering on an ongoing basis the environmental effects of the NAFTA; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.6.e |
(e) otherwise assisting the Free Trade Commission in environment-related matters. |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.7 |
7. Recognizing the significant bilateral nature of many transboundary environmental issues, the Council shall, with a view to agreement between the Parties pursuant to this Article within three years on obligations, consider and develop recommendations with respect to: |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.7.a |
(a) assessing the environmental impact of proposed projects subject to decisions by a competent government authority and likely to cause significant adverse transboundary effects, including a full evaluation of comments provided by other Parties and persons of other Parties; |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.7.b |
(b) notification, provision of relevant information and consultation between Parties with respect to such projects; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.7.c |
(c) mitigation of the potential adverse effects of such projects. |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.8 |
8. The Council shall encourage the establishment by each Party of appropriate administrative procedures pursuant to its environmental laws to permit another Party to seek the reduction, elimination or mitigation of transboundary pollution on a reciprocal basis. |
3168 |
North American Agreement On Environmental Cooperation |
Art.10.9 |
9. The Council shall consider and, as appropriate, develop recommendations on the provision by a Party, on a reciprocal basis, of access to and rights and remedies before its courts and administrative agencies for persons in another Party's territory who have suffered or are likely to suffer damage or injury caused by pollution originating in its territory as if the damage or injury were suffered in its territory. |
3168 |
North American Agreement On Environmental Cooperation |
Art.14 |
Article 14: Submissions on Enforcement Matters |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.1 |
1. The Secretariat may consider a submission from any non-governmental organization or person asserting that a Party is failing to effectively enforce its environmental law, if the Secretariat finds that the submission: |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.1.a |
(a) is in writing in a language designated by that Party in a notification to the Secretariat; |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.1.b |
(b) clearly identifies the person or organization making the submission; |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.1.c |
(c) provides sufficient information to allow the Secretariat to review the submission, including any documentary evidence on which the submission may be based; |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.1.d |
(d) appears to be aimed at promoting enforcement rather than at harassing industry; |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.1.e |
(e) indicates that the matter has been communicated in writing to the relevant authorities of the Party and indicates the Party's response, if any; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.1.f |
(f) is filed by a person or organization residing or established in the territory of a Party. |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.2 |
2. Where the Secretariat determines that a submission meets the criteria set out in paragraph 1, the Secretariat shall determine whether the submission merits requesting a response from the Party. In deciding whether to request a response, the Secretariat shall be guided by whether: |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.2.a |
(a) the submission alleges harm to the person or organization making the submission; |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.2.b |
(b) the submission, alone or in combination with other submissions, raises matters whose further study in this process would advance the goals of this Agreement; |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.2.c |
(c) private remedies available under the Party's law have been pursued; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.2.d |
(d) the submission is drawn exclusively from mass media reports. |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.2.ex |
Where the Secretariat makes such a request, it shall forward to the Party a copy of the submission and any supporting information provided with the submission. |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.3 |
3. The Party shall advise the Secretariat within 30 days or, in exceptional circumstances and on notification to the Secretariat, within 60 days of delivery of the request: |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.3.a |
(a) whether the matter is the subject of a pending judicial or administrative proceeding, in which case the Secretariat shall proceed no further; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.3.b |
(b) of any other information that the Party wishes to submit, such as |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.3.b.i |
i) whether the matter was previously the subject of a judicial or administrative proceeding, and |
3168 |
North American Agreement On Environmental Cooperation |
Art.14.3.b.ii |
ii) whether private remedies in connection with the matter are available to the person or organization making the submission and whether they have been pursued. |
3168 |
North American Agreement On Environmental Cooperation |
Art.22 |
Article 22: Consultations |
3168 |
North American Agreement On Environmental Cooperation |
Art.22.1 |
1. Any Party may request in writing consultations with any other Party regarding whether there has been a persistent pattern of failure by that other Party to effectively enforce its environmental law. |
3168 |
North American Agreement On Environmental Cooperation |
Art.22.2 |
2. The requesting Party shall deliver the request to the other Parties and to the Secretariat. |
3168 |
North American Agreement On Environmental Cooperation |
Art.22.3 |
3. Unless the Council otherwise provides in its rules and procedures established under Article 9(2), a third Party that considers it has a substantial interest in the matter shall be entitled to participate in the consultations on delivery of written notice to the other Parties and to the Secretariat. |
3168 |
North American Agreement On Environmental Cooperation |
Art.22.4 |
4. The consulting Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter through consultations under this Article. |
3168 |
North American Agreement On Environmental Cooperation |
Art.23 |
Article 23: Initiation of Procedures |
3168 |
North American Agreement On Environmental Cooperation |
Art.23.1 |
1. If the consulting Parties fail to resolve the matter pursuant to Article 22 within 60 days of delivery of a request for consultations, or such other period as the consulting Parties may agree, any such Party may request in writing a special session of the Council. |
3168 |
North American Agreement On Environmental Cooperation |
Art.23.2 |
2. The requesting Party shall state in the request the matter complained of and shall deliver the request to the other Parties and to the Secretariat. |
3168 |
North American Agreement On Environmental Cooperation |
Art.23.3 |
3. Unless it decides otherwise, the Council shall convene within 20 days of delivery of the request and shall endeavor to resolve the dispute promptly. |
3168 |
North American Agreement On Environmental Cooperation |
Art.23.4 |
4. The Council may: |
3168 |
North American Agreement On Environmental Cooperation |
Art.23.4.a |
(a) call on such technical advisers or create such working groups or expert groups as it deems necessary, |
3168 |
North American Agreement On Environmental Cooperation |
Art.23.4.b |
(b) have recourse to good offices, conciliation, mediation or such other dispute resolution procedures, or |
3168 |
North American Agreement On Environmental Cooperation |
Art.23.4.c |
(c) make recommendations, as may assist the consulting Parties to reach a mutually satisfactory resolution of the dispute. Any such recommendations shall be made public if the Council, by a two-thirds vote, so decides. |
3168 |
North American Agreement On Environmental Cooperation |
Art.23.5 |
5. Where the Council decides that a matter is more properly covered by another agreement or arrangement to which the consulting Parties are party, it shall refer the matter to those Parties for appropriate action in accordance with such other agreement or arrangement. |
3168 |
North American Agreement On Environmental Cooperation |
Art.24 |
Article 24: Request for an Arbitral Panel |
3168 |
North American Agreement On Environmental Cooperation |
Art.24.1 |
1. If the matter has not been resolved within 60 days after the Council has convened pursuant to Article 23, the Council shall, on the written request of any consulting Party and by a two-thirds vote, convene an arbitral panel to consider the matter where the alleged persistent pattern of failure by the Party complained against to effectively enforce its environmental law relates to a situation involving workplaces, firms, companies or sectors that produce goods or provide services: |
3168 |
North American Agreement On Environmental Cooperation |
Art.24.1.a |
(a) traded between the territories of the Parties; or |
3168 |
North American Agreement On Environmental Cooperation |
Art.24.1.b |
(b) that compete, in the territory of the Party complained against, with goods or services produced or provided by persons of another Party. |
3168 |
North American Agreement On Environmental Cooperation |
Art.24.2 |
2. A third Party that considers it has a substantial interest in the matter shall be entitled to join as a complaining Party on delivery of written notice of its intention to participate to the disputing Parties and the Secretariat. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of the vote of the Council to convene a panel. |
3168 |
North American Agreement On Environmental Cooperation |
Art.24.3 |
3. Unless otherwise agreed by the disputing Parties, the panel shall be established and perform its functions in a manner consistent with the provisions of this Part. |
3168 |
North American Agreement On Environmental Cooperation |
Art.27 |
Article 27: Panel Selection |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.1 |
1. Where there are two disputing Parties, the following procedures shall apply: |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.1.a |
(a) The panel shall comprise five members. |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.1.b |
(b) The disputing Parties shall endeavor to agree on the chair of the panel within 15 days after the Council votes to convene the panel. If the disputing Parties are unable to agree on the chair within this period, the disputing Party chosen by lot shall select within five days a chair who is not a citizen of that Party. |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.1.c |
(c) Within 15 days of selection of the chair, each disputing Party shall select two panelists who are citizens of the other disputing Party. |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.1.d |
(d) If a disputing Party fails to select its panelists within such period, such panelists shall be selected by lot from among the roster members who are citizens of the other disputing Party. |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.2 |
2. Where there are more than two disputing Parties, the following procedures shall apply: |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.2.a |
(a) The panel shall comprise five members. |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.2.b |
(b) The disputing Parties shall endeavor to agree on the chair of the panel within 15 days after the Council votes to convene the panel. If the disputing Parties are unable to agree on the chair within this period, the Party or Parties on the side of the dispute chosen by lot shall select within 10 days a chair who is not a citizen of such Party or Parties. |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.2.c |
(c) Within 30 days of selection of the chair, the Party complained against shall select two panelists, one of whom is a citizen of a complaining Party, and the other of whom is a citizen of another complaining Party. The complaining Parties shall select two panelists who are citizens of the Party complained against. |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.2.d |
(d) If any disputing Party fails to select a panelist within such a period, such panelist shall be selected by lot in accordance with the citizenship criteria of subparagraph (c). |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.3 |
3. Panelists shall normally be selected from the roster. Any disputing Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by a disputing Party within 30 days after the individual has been proposed. |
3168 |
North American Agreement On Environmental Cooperation |
Art.27.4 |
4. If a disputing Party believes that a panelist is in violation of the code of conduct, the disputing Parties shall consult and, if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article. |
3168 |
North American Agreement On Environmental Cooperation |
Art.28 |
Article 28: Rules of Procedure |
3168 |
North American Agreement On Environmental Cooperation |
Art.28.1 |
1. The Council shall establish Model Rules of Procedure. The procedures shall provide: |
3168 |
North American Agreement On Environmental Cooperation |
Art.28.1.a |
(a) a right to at least one hearing before the panel; |
3168 |
North American Agreement On Environmental Cooperation |
Art.28.1.b |
(b) the opportunity to make initial and rebuttal written submissions; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.28.1.c |
(c) that no panel may disclose which panelists are associated with majority or minority opinions. |
3168 |
North American Agreement On Environmental Cooperation |
Art.28.2 |
2. Unless the disputing Parties otherwise agree, panels convened under this Part shall be established and conduct their proceedings in accordance with the Model Rules of Procedure. |
3168 |
North American Agreement On Environmental Cooperation |
Art.28.3 |
3. Unless the disputing Parties otherwise agree within 20 days after the Council votes to convene the panel, the terms of reference shall be: |
3168 |
North American Agreement On Environmental Cooperation |
Art.28.3.ax |
"To examine, in light of the relevant provisions of the Agreement, including those contained in Part Five, whether there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, and to make findings, determinations and recommendations in accordance with Article 31(2)." |
3168 |
North American Agreement On Environmental Cooperation |
Art.29 |
Article 29: Third Party Participation |
3168 |
North American Agreement On Environmental Cooperation |
Art.29.1x |
A party that is not a disputing Party, on delivery of a written notice to the disputing Parties and to the Secretariat, shall be entitled to attend all hearings, to make written and oral submissions to the panel and to receive written submissions of the disputing Parties. |
3168 |
North American Agreement On Environmental Cooperation |
Art.30 |
Article 30: Role of Experts |
3168 |
North American Agreement On Environmental Cooperation |
Art.30.1x |
On request of a disputing Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, provided that the disputing Parties so agree and subject to such terms and conditions as such Parties may agree. |
3168 |
North American Agreement On Environmental Cooperation |
Art.31 |
Article 31: Initial Report |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.1 |
1. Unless the disputing Parties otherwise agree, the panel shall base its report on the submissions and arguments of the Parties and on any information before it pursuant to Article 30. |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.2 |
2. Unless the disputing Parties otherwise agree, the panel shall, within 180 days after the last panelist is selected, present to the disputing Parties an initial report containing: |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.2.a |
(a) findings of fact; |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.2.b |
(b) its determination as to whether there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, or any other determination requested in the terms of reference; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.2.c |
(c) in the event the panel makes an affirmative determination under subparagraph (b), its recommendations, if any, for the resolution of the dispute, which normally shall be that the Party complained against adopt and implement an action plan sufficient to remedy the pattern of non-enforcement. |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.3 |
3. Panelists may furnish separate opinions on matters not unanimously agreed. |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.4 |
4. A disputing party may submit written comments to the panel on its initial report within 30 days of presentation of the report. |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.5 |
5. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of any disputing Party, may: |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.5.a |
(a) request the views of any participating Party; |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.5.b |
(b) reconsider its report; and |
3168 |
North American Agreement On Environmental Cooperation |
Art.31.5.c |
(c) make any further examination that it considers appropriate. |
3168 |
North American Agreement On Environmental Cooperation |
Art.32 |
Article 32: Final Report |
3168 |
North American Agreement On Environmental Cooperation |
Art.32.1 |
1. The panel shall present to the disputing Parties a final report, including any separate opinions on matters not unanimously agreed, within 60 days of presentation of the initial report, unless the disputing Parties otherwise agree. |
3168 |
North American Agreement On Environmental Cooperation |
Art.32.2 |
2. The disputing Parties shall transmit to the Council the final report of the panel, as well as any written views that a disputing Party desires to be appended, on a confidential basis within 15 days after it is presented to them. |
3168 |
North American Agreement On Environmental Cooperation |
Art.32.3 |
3. The final report of the panel shall be published five days after it is transmitted to the Council. |
3168 |
North American Agreement On Environmental Cooperation |
Art.33 |
Article 33: Implementation of Final Report |
3168 |
North American Agreement On Environmental Cooperation |
Art.33.1x |
If, in its final report, a panel determines that there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, the disputing Parties may agree on a mutually satisfactory action plan, which normally shall conform with the determinations and recommendations of the panel. The disputing Parties shall promptly notify the Secretariat and the Council of any agreed resolution of the dispute. |
3168 |
North American Agreement On Environmental Cooperation |
Art.34 |
Article 34: Review of Implementation |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.1 |
1. If, in its final report, a panel determines that there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, and: |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.1.a |
(a) the disputing Parties have not agreed on an action plan under Article 33 within 60 days of the date of the final report, or |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.1.b |
(b) the disputing Parties cannot agree on whether the Party complained against is fully implementing |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.1.b.i |
(i) an action plan agreed under Article 33, |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.1.b.ii |
(ii)an action plan deemed to have been established by a panel under paragraph 2, or |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.1.b.iii |
(iii) an action plan approved or established by a panel under paragraph 4, |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.1.b.ivx |
any disputing Party may request that the panel be reconvened. The requesting Party shall deliver the request in writing to the other Parties and to the Secretariat. The Council shall reconvene the panel on delivery of the request to the Secretariat. |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.2 |
2. No Party may make a request under paragraph 1(a) earlier than 60 days, or later than 120 days, after the date of the final report. If the disputing Parties have not agreed to an action plan and if no request was made under paragraph l(a), the last action plan, if any, submitted by the Party complained against to the complaining Party or Parties within 60 days of the date of the final report, or such other period as the disputing Parties may agree, shall be deemed to have been established by the panel 120 days after the date of the final report. |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.3 |
3. A request under paragraph 1(b) may be made no earlier than 180 days after an action plan has been: |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.3.a |
(a) agreed under Article 33; |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.3.b |
(b) deemed to have been established by a panel under paragraph 2; or |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.3.c |
(c) approved or established by a panel under paragraph 4; |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.3.c.ix |
and only during the term of any such action plan. |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.4 |
4. Where a panel has been reconvened under paragraph 1(a), it: |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.4.a |
(a) shall determine whether any action plan proposed by the Party complained against is sufficient to remedy the pattern of non-enforcement and |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.4.a.i |
(i) if so, shall approve the plan, or |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.4.a.ii |
(ii)if not, shall establish such a plan consistent with the law of the Party complained against, and |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.4.b |
(b) may, where warranted, impose a monetary enforcement assessment in accordance with Annex 34, |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.4.b.ix |
within 90 days after the panel has been reconvened or such other period as the disputing Parties may agree. |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.5 |
5. Where a panel has been reconvened under paragraph 1(b), it shall determine either that: |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.5.a |
(a) the Party complained against is fully implementing the action plan, in which case the panel may not impose a monetary enforcement assessment, or |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.5.b |
(b) the Party complained against is not fully implementing the action plan, in which case the panel shall impose a monetary enforcement assessment in accordance with Annex 34, |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.5.b.ix |
within 60 days after it has been reconvened or such other period as the disputing Parties may agree. |
3168 |
North American Agreement On Environmental Cooperation |
Art.34.6 |
6. A panel reconvened under this Article shall provide that the Party complained against shall fully implement any action plan referred to in paragraph 4(a)(ii) or 5(b), and pay any monetary enforcement assessment imposed under paragraph 4(b) or 5(b), and any such provision shall be final. |
3168 |
North American Agreement On Environmental Cooperation |
Art.35 |
Article 35: Further Proceeding |
3168 |
North American Agreement On Environmental Cooperation |
Art.35.1x |
A complaining Party may, at any time beginning 180 days after a panel determination under Article 34(5)(b), request in writing that a panel be reconvened to determine whether the Party complained against is fully implementing the action plan. On delivery of the request to the other Parties and the Secretariat, the Council shall reconvene the panel. The panel shall make the determination within 60 days after it has been reconvened or such other period as the disputing Parties may agree. |
3168 |
North American Agreement On Environmental Cooperation |
Art.36 |
Article 36: Suspension of Benefits |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.1 |
1. Subject to Annex 36A, where a Party fails to pay a monetary enforcement assessment within 180 days after it is imposed by a panel: |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.1.a |
(a) under Article 34(4)(b), or |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.1.b |
(b) under Article 34(5)(b), except where benefits may be suspended under paragraph 2(a), |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.1.b.ix |
any complaining Party or Parties may suspend, in accordance with Annex 36B, the application to the Party complained against of NAFTA benefits in an amount no greater than that sufficient to collect the monetary enforcement assessment. |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.2 |
2. Subject to Annex 36A, where a panel has made a determination under Article 34(5)(b) and the panel: |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.2.a |
(a) has previously imposed a monetary enforcement assessment under Article 34 (4)(b) or established an action plan under Article 34(4)(a)(ii); or |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.2.b |
(b) has subsequently determined under Article 35 that a Party is not fully implementing an action plan; |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.2.b.ix |
the complaining Party or Parties may, in accordance with Annex 36B, suspend annually the application to the Party complained against of NAFTA benefits in an amount no greater than the monetary enforcement assessment imposed by the panel under Article 34(5)(b). |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.3 |
3. Where more than one complaining Party suspends benefits under paragraph 1 or 2, the combined suspension shall be no greater than the amount of the monetary enforcement assessment. |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.4 |
4. Where a Party has suspended benefits under paragraph 1 or 2, the Council shall, on the delivery of a written request by the Party complained against to the other Parties and the Secretariat, reconvene the panel to determine whether the monetary enforcement assessment has been paid or collected, or whether the Party complained against is fully implementing the action plan, as the case may be. The panel shall submit its report within 45 days after it has been reconvened. If the panel determines that the assessment has been paid or collected, or that the Party complained against is fully implementing the action plan, the suspension of benefits under paragraph 1 or 2, as the case may be, shall be terminated. |
3168 |
North American Agreement On Environmental Cooperation |
Art.36.5 |
5. On the written request of the Party complained against, delivered to the other Parties and the Secretariat, the Council shall reconvene the panel to determine whether the suspension of benefits by the complaining Party or Parties pursuant to paragraph 1 or 2 is manifestly excessive. Within 45 days of the request, the panel shall present a report to the disputing Parties containing its determination. |
3168 |
North American Agreement On Environmental Cooperation |
Part.6 |
PART SIX |
3168 |
North American Agreement On Environmental Cooperation |
Sect.B |
Section B: The Secretariat |
3173 |
Agreement To Promote Compliance With International Conservation And Management Measures By Fishing Vessels On The High Seas |
Art.9 |
ARTICLE IX |
3173 |
Agreement To Promote Compliance With International Conservation And Management Measures By Fishing Vessels On The High Seas |
Art.9.1 |
1. Any Party may seek consultations with any other Party or Parties on any dispute with regard to the interpretation or application of the provisions of this Agreement with a view to reaching a mutually satisfactory solution as soon as possible. |
3173 |
Agreement To Promote Compliance With International Conservation And Management Measures By Fishing Vessels On The High Seas |
Art.9.2 |
2. In the event that the dispute is not resolved through these consultations within a reasonable period of time, the Parties in question shall consult among themselves as soon as possible with a view to having the dispute settled by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice. |
3173 |
Agreement To Promote Compliance With International Conservation And Management Measures By Fishing Vessels On The High Seas |
Art.9.3 |
3. Any dispute of this character not so resolved shall, with the consent of all Parties to the dispute, be referred for settlement to the International Court of Justice, to the International Tribunal for the Law of the Sea upon entry into force of the 1982 United Nations Convention on the Law of the Sea or to arbitration. In the case of failure to reach agreement on referral to the International Court of Justice, to the International Tribunal for the Law of the Sea or to arbitration, the Parties shall continue to consult and cooperate with a view to reaching settlement of the dispute in accordance with the rules of international law relating to the conservation of living marine resources. |
3174 |
Agreement For The Establishment Of The Indian Ocean Tuna Commission |
Art.23 |
Article XXIII. INTERPRETATION AND SETTLEMENT OF DISPUTES |
3174 |
Agreement For The Establishment Of The Indian Ocean Tuna Commission |
Art.23.1x |
Any dispute regarding the interpretation or application of this Agreement, if not settled by the Commission, shall be referred for settlement to a conciliation procedure to be adopted by the Commission. The results of such conciliation procedure, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If as the result of this procedure the dispute is not settled, it may be referred to the International Court of Justice in accordance with the Statute of the International Court of Justice, unless the parties to the dispute agree to another method of settlement. |
3176 |
International Tropical Timber Agreement |
Art.31 |
Article 31 |
3176 |
International Tropical Timber Agreement |
Art.31.1x |
Any complaint that a member has failed to fulfil its obligations under this Agreement and any dispute concerning the interpretation or application of this Agreement shall be referred to the Council for decision. Decisions of the Council on these matters shall be final and binding. |
3176 |
International Tropical Timber Agreement |
Art.44 |
Article 44 |
3176 |
International Tropical Timber Agreement |
Art.44.1x |
If the Council decides that any member is in breach of its obligations under this Agreement and decides further that such breach significantly impairs the operation of this Agreement, it may, by special vote, exclude that member from this Agreement. The Council shall immediately so notify the depositary. Six months after the date of the Council's decision, that member shall cease to be a party to this Agreement. |
3187 |
Convention On The Conservation And Management Of Pollock Resources In The Central Bering Sea |
Art.13 |
Article XIII |
3187 |
Convention On The Conservation And Management Of Pollock Resources In The Central Bering Sea |
Art.13.1x |
If any dispute arises between two or more of the Parties concerning the interpretation or application of this Convention, those Parties consult among themselves with a view to having the dispute resolved by available peaceful means of their own choice. |
3188 |
Convention To Combat Desertification In Those Countries Experiencing Serious Drought And/Or Desertification, Particularly In Africa |
Art.28 |
Article 28 |
3188 |
Convention To Combat Desertification In Those Countries Experiencing Serious Drought And/Or Desertification, Particularly In Africa |
Art.28.1 |
1. Parties shall settle any dispute between them concerning the interpretation or application of the Convention through negotiation or other peaceful means of their own choice. |
3188 |
Convention To Combat Desertification In Those Countries Experiencing Serious Drought And/Or Desertification, Particularly In Africa |
Art.28.2 |
2. When ratifying, accepting, approving, or acceding to the Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Convention, it recognizes one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation: |
3188 |
Convention To Combat Desertification In Those Countries Experiencing Serious Drought And/Or Desertification, Particularly In Africa |
Art.28.2.a |
(a) arbitration in accordance with procedures adopted by the Conference of the Parties in an annex as soon as practicable; |
3188 |
Convention To Combat Desertification In Those Countries Experiencing Serious Drought And/Or Desertification, Particularly In Africa |
Art.28.2.b |
(b) submission of the dispute to the International Court of Justice. |
3188 |
Convention To Combat Desertification In Those Countries Experiencing Serious Drought And/Or Desertification, Particularly In Africa |
Art.28.3 |
3. A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedure referred to in paragraph 2 (a). |
3188 |
Convention To Combat Desertification In Those Countries Experiencing Serious Drought And/Or Desertification, Particularly In Africa |
Art.28.4 |
4. A declaration made pursuant to paragraph 2 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. |
3188 |
Convention To Combat Desertification In Those Countries Experiencing Serious Drought And/Or Desertification, Particularly In Africa |
Art.28.5 |
5. The expiry of a declaration, a notice of revocation or a new declaration shall not in any way affect proceedings pending before an arbitral tribunal or the International Court of Justice unless the Parties to the dispute otherwise agree. |
3188 |
Convention To Combat Desertification In Those Countries Experiencing Serious Drought And/Or Desertification, Particularly In Africa |
Art.28.6 |
6. If the Parties to a dispute have not accepted the same or any procedure pursuant to paragraph 2 and if they have not been able to settle their dispute within twelve months following notification by one Party to another that a dispute exists between them, the dispute shall be submitted to conciliation at the request of any Party to the dispute, in accordance with procedures adopted by the Conference of the Parties in an annex as soon as practicable. |
3192 |
Convention Establishing the Association of Caribbean States |
Art.29 |
ARTICLE XXIX: Interpretation and Disputes Settlement |
3192 |
Convention Establishing the Association of Caribbean States |
Art.29.1x |
Any question or dispute arising among the Members of the Association, relating to the interpretation or application of this Convention, and which cannot be settled by the parties concerned, shall be settled by the Ministerial Council. |
3195 |
Agreement On Cooperative Enforcement Operations Directed At Illegal Trade In Wild Fauna And Flora |
Art.10 |
Article 10 |
3195 |
Agreement On Cooperative Enforcement Operations Directed At Illegal Trade In Wild Fauna And Flora |
Art.10.1 |
1. Any dispute concerning the interpretation or application of this Agreement which cannot be settled by negotiation, conciliation or other peaceful means may be referred by any Party thereto to the Governing Council. |
3195 |
Agreement On Cooperative Enforcement Operations Directed At Illegal Trade In Wild Fauna And Flora |
Art.10.2 |
2. Where the Parties fail to settle the dispute the matter shall be submitted to an arbitral body. |
3195 |
Agreement On Cooperative Enforcement Operations Directed At Illegal Trade In Wild Fauna And Flora |
Art.10.3 |
3. The Parties to the dispute shall appoint one arbitrator each; the arbitrators so appointed shall designate, by mutual consent, a neutral arbitrator as Chairperson who shall not be a national of any of the Parties to the dispute. |
3195 |
Agreement On Cooperative Enforcement Operations Directed At Illegal Trade In Wild Fauna And Flora |
Art.10.4 |
4. If any of the Parties does not appoint an arbitrator within three months of the appointment of the first arbitrator, or if the Chairperson has not been designated within three months of the matter being referred to arbitration, the Chairperson of the Governing Council shall designate the arbitrator or the Chairperson or both, as the case may be, within a further period of three months. |
3195 |
Agreement On Cooperative Enforcement Operations Directed At Illegal Trade In Wild Fauna And Flora |
Art.10.5 |
5. The arbitral body shall have jurisdiction to hear and determine any matter arising from a dispute. |
3195 |
Agreement On Cooperative Enforcement Operations Directed At Illegal Trade In Wild Fauna And Flora |
Art.10.6 |
6. The arbitral body shall determine its own rules of procedure. |
3195 |
Agreement On Cooperative Enforcement Operations Directed At Illegal Trade In Wild Fauna And Flora |
Art.10.7 |
7. The Parties to the dispute shall be bound by the arbitral decision. |
3197 |
Convention On Nuclear Safety |
Art.29 |
ARTICLE 29. RESOLUTION OF DISAGREEMENTS |
3197 |
Convention On Nuclear Safety |
Art.29.1x |
In the event of a disagreement between two or more Contracting Parties concerning the interpretation or application of this Convention, the Contracting Parties shall consult within the framework of a meeting of the Contracting Parties with a view to resolving the disagreement. |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.18 |
Article 18 Consultations |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.18.1x |
At the request of any Party, consultations on the interpretation or implementation of this Arrangement will be held with any other Party within sixty days of the date of receipt of the request. All other Parties will be notified by the requesting Party of such requests for consultations and, subject to the agreement of the Parties concerned. any Party may be permitted to participate, as an observer, in such consultations. |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.19 |
Article 19 Dispute settlement |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.19.1 |
1. The Parties shall settle any dispute between them concerning or arising out of the interpretation or implementation of this Arrangement by peaceful means of their own choice, including arbitration. |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.19.2x |
Where a dispute arises between Parties concerning or arising out of the interpretation or implementation of this Arrangement, the parties to the dispute shall proceed expeditiously to an exchange of views regarding its settlement by negotiation or other peaceful means. |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5 |
Article 5 Review and evaluation |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.1 |
1. At least two months prior to the Annual Meeting of the Parties under Article 6, the Administrator shall, in respect of each registered vessel, or, as appropriate, the fishing enterprise under which such registered vessel operates, request, through the home Party of the vessel concerned, the information specified in paragraph 2 of this Article and shall compile a report on the operations of each vessel with respect to the eligibility criteria for consideration at the Annual Meeting of the Parties. The home Party of the vessel shall take such measures as may be necessary to ensure that the information specified in paragraph 2 of this Article is provided to the Administrator in a timely manner. |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.2 |
2. In compiling a report to the Parties pursuant to paragraph 1 of this Article the Administrator shall request the following information: |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.2.a |
details of equity holdings; |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.2.b |
number of nationals trained; |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.2.c |
number and proportion of nationals employed and the total payroll to national employees; |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.2.d |
details of onshore investments; details of local purchases made; and |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.2.e |
any further information as may be necessary. |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.3 |
3. The Annual Meeting of the Parties shall consider the report of the Administrator in respect of each vessel, including any information supplied through the home Party by the operator of the vessel or the fishing enterprise pursuant to paragraphs 1 and 2 of this Article and shall review the operations of all vessels entered on the Register of Eligible Fishing Vessels and assess the extent to which the vessel, or the fishing enterprise, as has satisfied the eligibility criteria and fulfilled the objectives of this Arrangement. |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.4 |
4. The Annual Meeting of the parties may request the Administrator, the home Party of the vessel, or the operator, to provide such further information as may be necessary and may request an independent evaluation of the operations of the vessel or the fishing enterprise under which that vessel operates against the eligibility criteria. In such a case, the Administrator shall consult with the home Party of the vessel as to the appropriate method for conducting the independent evaluation and the home Party shall take all necessary steps to facilitate the evaluation, including by providing all relevant information to the Administrator. |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Art.5.5 |
5. Where, following the review and evaluation under paragraph 3 of this Article, and taking into account the findings of any independent review under paragraph 4 of this Article, the Parties determine, at the Annual Meeting or at a Special Meeting of the Parties, that the vessel, or the fishing enterprise under which that vessel operates, has not met the eligibility criteria and has not fulfilled the objectives of this Arrangement, or where insufficient information has been made available to enable any evaluation to take place, the Parties shall direct the Administrator to delete the vessel from the Register of Eligible Fishing Vessels. |
3201 |
Federated States Of Micronesia Arrangement For Regional Fisheries Access |
Part.6.2x |
PART VI FINAL PROVISIONS |
3202 |
Energy Charter Treaty |
Art.13 |
Article 13 |
3202 |
Energy Charter Treaty |
Art.13.1 |
1) Investments of Investors of a Contracting Party in the Area of any other Contracting Party shall not be nationalized, expropriated or subjected to a measure or measures having effect equivalent to nationalization or expropriation hereinafter referred to as "Expropriation") except where such Expropriation is: |
3202 |
Energy Charter Treaty |
Art.13.1.a |
a) for a purpose which is in the public interest; |
3202 |
Energy Charter Treaty |
Art.13.1.b |
b) not discriminatory; |
3202 |
Energy Charter Treaty |
Art.13.1.c |
c) carried out under due process of law; and |
3202 |
Energy Charter Treaty |
Art.13.1.d |
d) accompanied by the payment of prompt, adequate and effective compensation. |
3202 |
Energy Charter Treaty |
Art.13.1.ex |
Such compensation shall amount to the fair market value of the Investment expropriated at the time immediately before the Expropriation or impending Expropriation became known in such a way as to affect the value of the Investment hereinafter referred to as the "Valuation Date"). |
3202 |
Energy Charter Treaty |
Art.13.1.fx |
Such fair market value shall at the request of the Investor be expressed in a Freely Convertible Currency on the basis of the market rate of exchange existing for that currency on the Valuation Date. Compensation shall also include interest at a commercial rate established on a market basis from the date of Expropriation until the date of payment. |
3202 |
Energy Charter Treaty |
Art.13.2 |
2) The Investor affected shall have a right to prompt review, under the law of the Contracting Party making the Expropriation, by a judicial or other competent and independent authority of that Contracting Party, of its case, of the valuation of its Investment, and of the payment of compensation, in accordance with the principles set out in paragraph 1). |
3202 |
Energy Charter Treaty |
Art.13.3 |
3) For the avoidance of doubt, Expropriation shall include situations where a Contracting Party expropriates the assets of a company or enterprise in its Area in which an Investor of any other Contracting Party has an Investment, including through the ownership of shares. |
3202 |
Energy Charter Treaty |
Art.19 |
Article 19 |
3202 |
Energy Charter Treaty |
Art.19.1 |
1) In pursuit of sustainable development and taking into account its obligations under those international agreements concerning the environment to which it is party, each Contracting Party shall strive to minimize in an economically efficient manner harmful Environmental Impacts occurring either within or outside its Area from all operations within the Energy Cycle in its Area, taking proper account of safety. In doing so each Contracting Party shall act in a Cost-Effective manner. In its policies and actions each Contracting Party shall strive to take precautionary measures to prevent or minimize environmental degradation. The Contracting Parties agree that the polluter in the Areas of Contracting Parties, should, in principle, bear the cost of pollution, including transboundary pollution, with due regard to the public interest and without distorting Investment in the Energy Cycle or international trade. Contracting Parties shall accordingly: |
3202 |
Energy Charter Treaty |
Art.19.1.a |
a) take account of environmental considerations throughout the formulation and implementation of their energy policies; |
3202 |
Energy Charter Treaty |
Art.19.1.b |
b) promote market-oriented price formation and a fuller reflection of environmental costs and benefits throughout the Energy Cycle; |
3202 |
Energy Charter Treaty |
Art.19.1.c |
c) having regard to Article 344), encourage cooperation in the attainment of the environmental objectives of the Charter and cooperation in the field of international environmental standards for the Energy Cycle, taking into account differences in adverse effects and abatement costs between Contracting Parties; |
3202 |
Energy Charter Treaty |
Art.19.1.d |
d) have particular regard to Improving Energy Efficiency, to developing and using renewable energy sources, to promoting the use of cleaner fuels and to employing technologies and technological means that reduce pollution; |
3202 |
Energy Charter Treaty |
Art.19.1.e |
e) promote the collection and sharing among Contracting Parties of information on environmentally sound and economically efficient energy policies and Cost-Effective practices and technologies; |
3202 |
Energy Charter Treaty |
Art.19.1.f |
f) promote public awareness of the Environmental Impacts of energy systems, of the scope for the prevention or abatement of their adverse Environmental Impacts, and of the costs associated with various prevention or abatement measures; |
3202 |
Energy Charter Treaty |
Art.19.1.g |
g) promote and cooperate in the research, development and application of energy efficient and environmentally sound technologies, practices and processes which will minimize harmful Environmental Impacts of all aspects of the Energy Cycle in an economically efficient manner. |
3202 |
Energy Charter Treaty |
Art.19.1.h |
h) encourage favourable conditions for the transfer and dissemination of such technologies consistent with the adequate and effective protection of Intellectual Property rights; |
3202 |
Energy Charter Treaty |
Art.19.1.i |
i) promote the transparent assessment at an early stage and prior to decision, and subsequent monitoring, of Environmental Impacts of environmentally significant energy investment projects; |
3202 |
Energy Charter Treaty |
Art.19.1.j |
j) promote international awareness and information exchange on Contracting Parties' relevant environmental programmes and standards and on the implementation of those programmes and standards; |
3202 |
Energy Charter Treaty |
Art.19.1.k |
k) participate, upon request, and within their available resources, in the development and implementation of appropriate environmental programmes in the Contracting Parties. |
3202 |
Energy Charter Treaty |
Art.19.2 |
2) At the request of one or more Contracting Parties, disputes concerning the application or interpretation of provisions of this Article shall, to the extent that arrangements for the consideration of such disputes do not exist in other appropriate international fora, be reviewed by the Charter Conference aiming at a solution. |
3202 |
Energy Charter Treaty |
Art.19.3 |
3) For the purposes of this Article: |
3202 |
Energy Charter Treaty |
Art.19.3.a |
a) "Energy Cycle" means the entire energy chain including activities related to prospecting for, exploration, production, conversion, storage, transport, distribution and consumption of the various forms of energy, and the treatment and disposal of wastes, as well as the decommissioning, cessation or closure of these activities, minimizing harmful Environmental Impacts; |
3202 |
Energy Charter Treaty |
Art.19.3.b |
b) "Environmental Impact" means any effect caused by a given activity on the environment, including human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interactions among these factors; it also includes effects on cultural heritage or socio-ecomomic conditions resulting from alterations to those factors; |
3202 |
Energy Charter Treaty |
Art.19.3.c |
c) "Improving Energy Efficiency" means acting to maintain the same unit of output of a good or service) without reducing the quality or performance of the output, while reducing the amount of energy required to produce that output; |
3202 |
Energy Charter Treaty |
Art.19.3.d |
d) "Cost-Effective" means to achieve a defined objective at the lowest cost or to achieve the greatest benefit at a given cost. |
3202 |
Energy Charter Treaty |
Art.23 |
Article 23 |
3202 |
Energy Charter Treaty |
Art.23.1 |
1) Each Contracting Party is fully responsible under this Treaty for the observance of all provisions of the Treaty, and shall take such reasonable measures as may be available to it to ensure such observance by regional and local governments and authorities within its Area. |
3202 |
Energy Charter Treaty |
Art.23.2 |
2) The dispute settlement provisions in Parts II, IV and V of this Treaty may be invoked in respect of measures affecting the observance of the Treaty by a Contracting Party which have been taken by regional or local governments or authorities within the Area of the Contracting Party. |
3202 |
Energy Charter Treaty |
Art.26 |
Article 26 |
3202 |
Energy Charter Treaty |
Art.26.1 |
1) Disputes between a Contracting Party and an Investor of another Contracting Party relating to an Investment of the latter in the Area of the former, which concern an alleged breach of an obligation of the former under Part III shall, if possible, be settled amicably. |
3202 |
Energy Charter Treaty |
Art.26.2 |
2) If such disputes can not be settled according to the provisions of paragraph 1) within a period of three months from the date on which either party to the dispute requested amicable settlement, the Investor party to the dispute may choose to submit it for resolution: |
3202 |
Energy Charter Treaty |
Art.26.2.a |
a) to the courts or administrative tribunals of the Contracting Party party to the dispute; |
3202 |
Energy Charter Treaty |
Art.26.2.b |
b) in accordance with any applicable, previously agreed dispute settlement procedure; or |
3202 |
Energy Charter Treaty |
Art.26.2.c |
c) in accordance with the following paragraphs of this Article. |
3202 |
Energy Charter Treaty |
Art.26.3.a |
3) a) Subject only to subparagraphs b) and c), each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration or conciliation in accordance with the provisions of this Article. |
3202 |
Energy Charter Treaty |
Art.26.3.b |
b) i) The Contracting Parties listed in Annex ID do not give such unconditional consent where the Investor has previously submitted the dispute under subparagraph 2)a) or b). |
3202 |
Energy Charter Treaty |
Art.26.3.b.ii |
ii) For the sake of transparency, each Contracting Party that is listed in Annex ID shall provide a written statement of its policies, practices and conditions in this regard to the Secretariat no later than the date of the deposit of its instrument of ratification, acceptance or approval in accordance with Article 39 or the deposit of its instrument of accession in accordance with Article 41. |
3202 |
Energy Charter Treaty |
Art.26.3.c |
c) A Contracting Party listed in Annex IA does not give such unconditional consent with respect to a dispute arising under the last sentence of Article 101). |
3202 |
Energy Charter Treaty |
Art.26.4 |
4) In the event that an Investor chooses to submit the dispute for resolution under subparagraph 2)c), the Investor shall further provide its consent in writing for the dispute to be submitted to: |
3202 |
Energy Charter Treaty |
Art.26.4.a.i |
a) i) The International Centre for Settlement of Investment Disputes, established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States opened for signature at Washington, 18 March 1965 hereinafter referred to as the "ICSID Convention"), if the Contracting Party of the Investor and the Contracting Party party to the dispute are both parties to the ICSID Convention; or |
3202 |
Energy Charter Treaty |
Art.26.4.a.ii |
ii) The International Centre for Settlement of Investment Disputes, established pursuant to the Convention referred to in subparagraph a)i), under the rules governing the Additional Facility for the Administration of Proceedings by the Secretariat of the Centre hereinafter referred to as the "Additional Facility Rules"), if the Contracting Party of the Investor or the Contracting Party party to the dispute, but not both, is a party to the ICSID Convention; |
3202 |
Energy Charter Treaty |
Art.26.4.b |
b) a sole arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law hereinafter referred to as "UNCITRAL"); or |
3202 |
Energy Charter Treaty |
Art.26.4.c |
c) an arbitral proceeding under the Arbitration Institute of the Stockholm Chamber of Commerce. |
3202 |
Energy Charter Treaty |
Art.26.5.a |
5) a) The consent given in paragraph 3) together with the written consent of the Investor given pursuant to paragraph 4) shall be considered to satisfy the requirement for: |
3202 |
Energy Charter Treaty |
Art.26.5.a.i |
i) written consent of the parties to a dispute for purposes of Chapter II of the ICSID Convention and for purposes of the Additional Facility Rules; |
3202 |
Energy Charter Treaty |
Art.26.5.a.ii |
ii) an "agreement in writing" for purposes of article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, 10 June 1958 hereinafter referred to as the "New York Convention"); and |
3202 |
Energy Charter Treaty |
Art.26.5.a.iii |
iii) "the parties to a contract [to] have agreed in writing" for the purposes of article 1 of the UNCITRAL Arbitration Rules. |
3202 |
Energy Charter Treaty |
Art.26.5.b |
b) Any arbitration under this Article shall at the request of any party to the dispute be held in a state that is a party to the New York Convention. Claims submitted to arbitration hereunder shall be considered to arise out of a commercial relationship or transaction for the purposes of article 1 of that Convention. |
3202 |
Energy Charter Treaty |
Art.26.6 |
6) A tribunal established under paragraph 4) shall decide the issues in dispute in accordance with this Treaty and applicable rules and principles of international law. |
3202 |
Energy Charter Treaty |
Art.26.7 |
7) An investor other than a natural person which has the nationality of a Contracting Party party to the dispute on the date of the consent in writing referred to in paragraph 4) and which, before a dispute between it and that Contracting Party arises, is controlled by Investors of another Contracting Party, shall for the purpose of article 252)b) of the ICSID Convention be treated as a "national of another Contracting State" and shall for the purpose of article 16) of the Additional Facility Rules be treated as a "national of another State". |
3202 |
Energy Charter Treaty |
Art.26.8 |
8) The awards of arbitration, which may include an award of interest, shall be final and binding upon the parties to the dispute. An award of arbitration concerning a measure of a sub-national government or authority of the disputing Contracting Party shall provide that the Contracting Party may pay monetary damages in lieu of any other remedy granted. Each Contracting Party shall carry out without delay any such award and shall make provision for the effective enforcement in its Area of such awards. |
3202 |
Energy Charter Treaty |
Art.27 |
Article 27 |
3202 |
Energy Charter Treaty |
Art.27.1 |
1) Contracting Parties shall endeavour to settle disputes concerning the application or interpretation of this Treaty through diplomatic channels. |
3202 |
Energy Charter Treaty |
Art.27.2 |
2) If a dispute has not been settled in accordance with paragraph 1) within a reasonable period of time, either party thereto may, except as otherwise provided in this Treaty or agreed in writing by the Contracting Parties, and except as concerns the application or interpretation of Article 6 or Article 19 or, for Contracting Parties listed in Annex IA, the last sentence of Article 101), upon written notice to the other party to the dispute submit the matter to an ad hoc tribunal under this Article. |
3202 |
Energy Charter Treaty |
Art.27.3 |
3) Such an ad hoc arbitral tribunal shall be constituted as follows: |
3202 |
Energy Charter Treaty |
Art.27.3.a |
a) The Contracting Party instituting the proceedings shall appoint one member of the tribunal and inform the other Contracting Party to the dispute of its appointment within 30 days of receipt of the notice referred to in paragraph 2) by the other Contracting Party; |
3202 |
Energy Charter Treaty |
Art.27.3.b |
b) Within 60 days of the receipt of the written notice referred to in paragraph 2), the other Contracting Party party to the dispute shall appoint one member. If the appointment is not made within the time limit prescribed, the Contracting Party having instituted the proceedings may, within 90 days of the receipt of the written notice referred to in paragraph 2), request that the appointment be made in accordance with subparagraph d); |
3202 |
Energy Charter Treaty |
Art.27.3.c |
c) A third member, who may not be a national or citizen of a Contracting Party party to the dispute, shall be appointed by the Contracting Parties parties to the dispute. That member shall be the President of the tribunal. If, within 150 days of the receipt of the notice referred to in paragraph 2), the Contracting Parties are unable to agree on the appointment of a third member, that appointment shall be made, in accordance with subparagraph d), at the request of either Contracting Party submitted within 180 days of the receipt of that notice; |
3202 |
Energy Charter Treaty |
Art.27.3.d |
d) Appointments requested to be made in accordance with this paragraph shall be made by the Secretary-General of the Permanent Court of International Arbitration within 30 days of the receipt of a request to do so. If the Secretary-General is prevented from discharging this task, the appointments shall be made by the First Secretary of the Bureau. If the latter, in turn, is prevented from discharging this task, the appointments shall be made by the most senior Deputy; |
3202 |
Energy Charter Treaty |
Art.27.3.e |
e) Appointments made in accordance with subparagraphs a) to d) shall be made with regard to the qualifications and experience, particularly in matters covered by this Treaty, of the members to be appointed; |
3202 |
Energy Charter Treaty |
Art.27.3.f |
f) In the absence of an agreement to the contrary between the Contracting Parties, the Arbitration Rules of UNCITRAL shall govern, except to the extent modified by the Contracting Parties parties to the dispute or by the arbitrators. The tribunal shall take its decisions by a majority vote of its members; |
3202 |
Energy Charter Treaty |
Art.27.3.g |
g) The tribunal shall decide the dispute in accordance with this Treaty and applicable rules and principles of international law; |
3202 |
Energy Charter Treaty |
Art.27.3.h |
h) The arbitral award shall be final and binding upon the Contracting Parties parties to the dispute; |
3202 |
Energy Charter Treaty |
Art.27.3.i |
i) Where, in making an award, a tribunal finds that a measure of a regional or local government or authority within the Area of a Contracting Party listed in Part I of Annex P is not in conformity with this Treaty, either party to the dispute may invoke the provisions of Part II of Annex P; |
3202 |
Energy Charter Treaty |
Art.27.3.j |
j) The expenses of the tribunal, including the remuneration of its members, shall be borne in equal shares by the Contracting Parties parties to the dispute. The tribunal may, however, at its discretion direct that a higher proportion of the costs be paid by one of the Contracting Parties parties to the dispute; |
3202 |
Energy Charter Treaty |
Art.27.3.k |
k) Unless the Contracting Parties parties to the dispute agree otherwise, the tribunal shall sit in The Hague, and use the premises and facilities of the Permanent Court of Arbitration; |
3202 |
Energy Charter Treaty |
Art.27.3.l |
l) A copy of the award shall be deposited with the Secretariat which shall make it generally available. |
3202 |
Energy Charter Treaty |
Art.28 |
Article 28 |
3202 |
Energy Charter Treaty |
Art.28.1x |
A dispute between Contracting Parties with respect to the application or interpretation of Article 5 or 29 shall not be settled under Article 27 unless the Contracting Parties parties to the dispute so agree. |
3202 |
Energy Charter Treaty |
Art.6 |
Article 6 |
3202 |
Energy Charter Treaty |
Art.6.1 |
1) Each Contracting Party shall work to alleviate market distortions and barriers to competition in Economic Activity in the Energy Sector. |
3202 |
Energy Charter Treaty |
Art.6.2 |
2) Each Contracting Party shall ensure that within its jurisdiction it has and enforces such laws as are necessary and appropriate to address unilateral and concerted anti-competitive conduct in Economic Activity in the Energy Sector. |
3202 |
Energy Charter Treaty |
Art.6.3 |
3) Contracting Parties with experience in applying competition rules shall give full consideration to providing, upon request and within available resources, technical assistance on the development and implementation of competition rules to other Contracting Parties. |
3202 |
Energy Charter Treaty |
Art.6.4 |
4) Contracting Parties may cooperate in the enforcement of their competition rules by consulting and exchanging information. |
3202 |
Energy Charter Treaty |
Art.6.5 |
5) If a Contracting Party considers that any specified anti-competitive conduct carried out within the Area of another Contracting Party is adversely affecting an important interest relevant to the purposes identified in this Article, the Contracting Party may notify the other Contracting Party and may request that its competition authorities initiate appropriate enforcement action. The notifying Contracting Party shall include in such notification sufficient information to permit the notified Contracting Party to identify the anti-competitive conduct that is the subject of the notification and shall include an offer of such further information and cooperation as the notifying Contracting Party is able to provide. The notified Contracting Party or, as the case may be, the relevant competition authorities may consult with the competition authorities of the notifying Contracting Party and shall accord full consideration to the request of the notifying Contracting Party in deciding whether or not to initiate enforcement action with respect to the alleged anti-competitive conduct identified in the notification. The notified Contracting Party shall inform the notifying Contracting Party of its decision or the decision of the relevant competition authorities and may if it wishes inform the notifying Contracting Party of the grounds for the decision. If enforcement action is initiated, the notified Contracting Party shall advise the notifying Contracting Party of its outcome and, to the extent possible, of any significant interim development. |
3202 |
Energy Charter Treaty |
Art.6.6 |
6) Nothing in this Article shall require the provision of information by a Contracting Party contrary to its laws regarding disclosure of information, confidentiality or business secrecy. |
3202 |
Energy Charter Treaty |
Art.6.7 |
7) The procedures set forth in paragraph 5) and Article 271) shall be the exclusive means within this Treaty of resolving any disputes that may arise over the implementation or interpretation of this Article. |
3202 |
Energy Charter Treaty |
Art.7 |
Article 7 |
3202 |
Energy Charter Treaty |
Art.7.1 |
1) Each Contracting Party shall take the necessary measures to facilitate the Transit of Energy Materials and Products consistent with the principle of freedom of transit and without distinction as to the origin, destination or ownership of such Energy Materials and Products or discrimination as to pricing on the basis of such distinctions, and without imposing any unreasonable delays, restrictions or charges. |
3202 |
Energy Charter Treaty |
Art.7.10 |
10) For the purposes of this Article: |
3202 |
Energy Charter Treaty |
Art.7.10.a |
a) "Transit" means |
3202 |
Energy Charter Treaty |
Art.7.10.a.i |
i) the carriage through the Area of a Contracting Party, or to or from port facilities in its Area for loading or unloading, of Energy Materials and Products originating in the Area of another state and destined for the Area of a third state, so long as either the other state or the third state is a Contracting Party; or |
3202 |
Energy Charter Treaty |
Art.7.10.a.ii |
ii) the carriage through the Area of a Contracting Party of Energy Materials and Products originating in the Area of another Contracting Party and destined for the Area of that other Contracting Party, unless the two Contracting Parties concerned decide otherwise and record their decision by a joint entry in Annex N. The two Contracting Parties may delete their listing in Annex N by delivering a joint written notification of their intentions to the Secretariat, which shall transmit that notification to all other Contracting Parties. The deletion shall take effect four weeks after such former notification. |
3202 |
Energy Charter Treaty |
Art.7.10.b |
b) "Energy Transport Facilities" consist of high-pressure gas transmission pipelines, high-voltage electricity transmission grids and lines, crude oil transmission pipelines, coal slurry pipelines, oil product pipelines, and other fixed facilities specifically for handling Energy Materials and Products. |
3202 |
Energy Charter Treaty |
Art.7.2 |
2) Contracting Parties shall encourage relevant entitles to cooperate in: |
3202 |
Energy Charter Treaty |
Art.7.2.a |
a) modernizing Energy Transport Facilities necessary to the Transit of Energy Materials and Products; |
3202 |
Energy Charter Treaty |
Art.7.2.b |
b) the development and operation of Energy Transport Facilities serving the Areas of more than one Contracting Party; |
3202 |
Energy Charter Treaty |
Art.7.2.c |
c) measures to mitigate the effects of interruptions in the supply of Energy Materials and Products; |
3202 |
Energy Charter Treaty |
Art.7.2.d |
d) facilitating the interconnection of Energy Transport Facilities. |
3202 |
Energy Charter Treaty |
Art.7.3 |
3) Each Contracting Party undertakes that its provisions relating to transport of Energy Materials and Products and the use of Energy Transport Facilities shall treat Energy Materials and Products in Transit in no less favourable a manner than its provisions treat such materials and products originating in or destined for its own Area, unless an existing international agreement provides otherwise. |
3202 |
Energy Charter Treaty |
Art.7.4 |
4) In the event that Transit of Energy Materials and Products cannot be achieved on commercial terms by means of Energy Transport Facilities the Contracting Parties shall not place obstacles in the way of new capacity being established, except as may be otherwise provided in applicable legislation which is consistent with paragraph 1). |
3202 |
Energy Charter Treaty |
Art.7.5 |
5) A Contracting Party through whose Area Energy Materials and Products may transit shall not be obliged to |
3202 |
Energy Charter Treaty |
Art.7.5.a |
a) permit the construction or modification of Energy Transport Facilities; or |
3202 |
Energy Charter Treaty |
Art.7.5.b |
b) permit new or additional Transit through existing Energy Transport Facilities, |
3202 |
Energy Charter Treaty |
Art.7.5.cx |
which it demonstrates to the other Contracting Parties concerned would endanger the security or efficiency of its energy systems, including the security of supply. |
3202 |
Energy Charter Treaty |
Art.7.5.dx |
Contracting Parties shall, subject to paragraphs 6) and 7), secure established flows of Energy Materials and Products to, from or between the Areas of other Contracting Parties. |
3202 |
Energy Charter Treaty |
Art.7.6 |
6) A Contracting Party through whose Area Energy Materials and Products transit shall not, in the event of a dispute over any matter arising from that Transit, interrupt or reduce, permit any entity subject to its control to interrupt or reduce, or require any entity subject to its jurisdiction to interrupt or reduce the existing flow of Energy Materials and Products prior to the conclusion of the dispute resolution procedures set out in paragraph 7), except where this is specifically provided for in a contract or other agreement governing such Transit or permitted in accordance with the conciliator's decision. |
3202 |
Energy Charter Treaty |
Art.7.7 |
7) The following provisions shall apply to a dispute described in paragraph 6), but only following the exhaustion of all relevant contractual or other dispute resolution remedies previously agreed between the Contracting Parties party to the dispute or between any entity referred to in paragraph 6) and an entity of another Contracting Party party to the dispute: |
3202 |
Energy Charter Treaty |
Art.7.7.a |
a) A Contracting Party party to the dispute may refer it to the Secretary-General by a notification summarizing the matters in dispute. The Secretary-General shall notify all Contracting Parties of any such referral. |
3202 |
Energy Charter Treaty |
Art.7.7.b |
b) Within 30 days of receipt of such a notification, the Secretary-General, in consultation with the parties to the dispute and the other Contracting Parties concerned, shall appoint a conciliator. Such a conciliator shall have experience in the matters subject to dispute and shall not be a national or citizen of or permanently resident in a party to the dispute or one of the other Contracting Parties concerned. |
3202 |
Energy Charter Treaty |
Art.7.7.c |
c) The conciliator shall seek the agreement of the parties to the dispute to a resolution thereof or upon a procedure to achieve such resolution. If within 90 days of his appointment he has failed to secure such agreement, he shall recommend a resolution to the dispute or a procedure to achieve such resolution and shall decide the interim tariffs and other terms and conditions to be observed for Transit from a date which he shall specify until the dispute is resolved. |
3202 |
Energy Charter Treaty |
Art.7.7.d |
d) The Contracting Parties undertake to observe and ensure that the entities under their control or jurisdiction observe any interim decision under subparagraph c) on tariffs, terms and conditions for 12 months following the conciliator's decision or until resolution of the dispute, whichever is earlier. |
3202 |
Energy Charter Treaty |
Art.7.7.e |
e) Notwithstanding subparagraph b) the Secretary-General may elect not to appoint a conciliator if in his judgement the dispute concerns Transit that is or has been the subject of the dispute resolution procedures set out in subparagraphs a) to d) and those proceedings have not resulted in a resolution of the dispute. |
3202 |
Energy Charter Treaty |
Art.7.7.f |
f) The Charter Conference shall adopt standard provisions concerning the conduct of conciliation and the compensation of conciliators. |
3202 |
Energy Charter Treaty |
Art.7.8 |
8) Nothing in this Article shall derogate from a Contracting Party's rights and obligations under international law including customary international law, existing bilateral or multilateral agreements, including rules concerning submarine cables and pipelines. |
3202 |
Energy Charter Treaty |
Art.7.9 |
9) This Article shall not be so interpreted as to oblige any Contracting Party which does not have a certain type of Energy Transport Facilities used for Transit to take any measure under this Article with respect to that type of Energy Transport Facilities. Such a Contracting Party is, however, obliged to comply with paragraph 4). |
3202 |
Energy Charter Treaty |
Sect.6 |
PART VI |
3216 |
Agreement On The Conservation Of African-Eurasian Migratory Waterbirds |
Art.12 |
ARTICLE XII |
3216 |
Agreement On The Conservation Of African-Eurasian Migratory Waterbirds |
Art.12.1 |
1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of this Agreement shall be subject to negotiation between the Parties involved in the dispute. |
3216 |
Agreement On The Conservation Of African-Eurasian Migratory Waterbirds |
Art.12.2 |
2. If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision. |
3220 |
Agreement Between The Government Of The Republic Of Lithuania, Government Of The Republic Of Estonia, And The Government Of The Republic Of Latvia On Cooperation In The Field Of Environmental Protection |
Art.7 |
Article 7 |
3220 |
Agreement Between The Government Of The Republic Of Lithuania, Government Of The Republic Of Estonia, And The Government Of The Republic Of Latvia On Cooperation In The Field Of Environmental Protection |
Art.7.1x |
This Agreement is open for amendments. Amendment shall be approved on the basis of consensus. |
3220 |
Agreement Between The Government Of The Republic Of Lithuania, Government Of The Republic Of Estonia, And The Government Of The Republic Of Latvia On Cooperation In The Field Of Environmental Protection |
Art.7.2x |
Disputes between the Parties shall be settled by negotiations. |
3220 |
Agreement Between The Government Of The Republic Of Lithuania, Government Of The Republic Of Estonia, And The Government Of The Republic Of Latvia On Cooperation In The Field Of Environmental Protection |
Art.7.3x |
This Agreement can be supplemented by special agreements and technical protocols. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.16 |
Article 16 |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.16.1 |
1. States fishing for straddling fish stocks and highly migratory fish stocks in an area of the high seas surrounded entirely by an area under the national jurisdiction of a single State and the latter State shall cooperate to establish conservation and management measures in respect of those stocks in the high seas area. Having regard to the natural characteristics of the area, States shall pay special attention to the establishment of compatible conservation and management measures for such stocks pursuant to article 7. Measures taken in respect of the high seas shall take into account the rights, duties and interests of the coastal State under the Convention, shall be based on the best scientific evidence available and shall also take into account any conservation and management measures adopted and applied in respect of the same stocks in accordance with article 61 of the Convention by the coastal State in the area under national jurisdiction. States shall also agree on measures for monitoring, control, surveillance and enforcement to ensure compliance with the conservation and management measures in respect of the high seas. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.16.2 |
2. Pursuant to article 8, States shall act in good faith and make every effort to agree without delay on conservation and management measures to be applied in the carrying out of fishing operations in the area referred to in paragraph 1. If, within a reasonable period of time, the fishing States concerned and the coastal State are unable to agree on such measures, they shall, having regard to paragraph 1 of this article, apply article 7, paragraphs 4, 5 and 6, relating to provisional arrangements or measures. Pending the establishment of such provisional arrangements or measures, the States concerned shall take measures in respect of vessels flying their flag in order that they not engage in fisheries which could undermine the stocks concerned. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.26 |
Article 26 |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.26.1 |
1. States shall cooperate to establish special funds to assist developing States in the implementation of this Agreement, including assisting developing States to meet the costs involved in any proceedings for the settlement of disputes to which they may be parties. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.26.2 |
2. States and international organizations should assist developing States in establishing new subregional or regional fisheries management organizations or arrangements, or in strengthening existing organizations or arrangements, for the conservation and management of straddling fish stocks and highly migratory fish stocks. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.27 |
Article 27 |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.27.1x |
States have the obligation to settle their disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.29 |
Article 29 |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.29.1x |
Where a dispute concerns a matter of a technical nature, the States concerned may refer the dispute to an ad hoc expert panel established by them. The panel shall confer with the States concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.30 |
Article 30 |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.30.1 |
1. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of this Agreement, whether or not they are also Parties to the Convention. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.30.2 |
2. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of a subregional, regional or global fisheries agreement relating to straddling fish stocks or highly migratory fish stocks to which they are parties, including any dispute concerning the conservation and management of such stocks, whether or not they are also Parties to the Convention. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.30.3 |
3. Any procedure accepted by a State Party to this Agreement and the Convention pursuant to article 287 of the Convention shall apply to the settlement of disputes under this Part, unless that State Party, when signing, ratifying or acceding to this Agreement, or at any time thereafter, has accepted another procedure pursuant to article 287 for the settlement of disputes under this Part. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.30.4 |
4. A State Party to this Agreement which is not a Party to the Convention, when signing, ratifying or acceding to this Agreement, or at any time thereafter, shall be free to choose, by means of a written declaration, one or more of the means set out in article 287, paragraph 1, of the Convention for the settlement of disputes under this Part. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is a party which is not covered by a declaration in force. For the purposes of conciliation and arbitration in accordance with Annexes V, VII and VIII to the Convention, such State shall be entitled to nominate conciliators, arbitrators and experts to be included in the lists referred to in article 2 of Annex V, article 2 of Annex VII and article 2 of Annex VIII for the settlement of disputes under this Part. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.30.5 |
5. Any court or tribunal to which a dispute has been submitted under this Part shall apply the relevant provisions of the Convention, of this Agreement and of any relevant subregional, regional or global fisheries agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law not incompatible with the Convention, with a view to ensuring the conservation of the straddling fish stocks and highly migratory fish stock concerned. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.31 |
Article 31 |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.31.1 |
1. Pending the settlement of a dispute in accordance with this Part, the parties to the dispute shall make every effort to enter into provisional arrangements of a practical nature. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.31.2 |
2. Without prejudice to article 290 of the Convention, the court or tribunal to which the dispute has been submitted under this Part may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent damage to the stocks in question, as well as in the circumstances referred to in article 7, paragraph 5, and article 16, paragraph 2. |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.31.3 |
3. A State Party to this Agreement which is not a Party to the Convention may declare that, notwithstanding article 290, paragraph 5, of the Convention, the International Tribunal for the Law of the Sea shall not be entitled to prescribe, modify or revoke provisional measures without the agreement of such State. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.32 |
Article 32 |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.32.1x |
Limitations on applicability of Procedures for the settlement of disputes Article 297, paragraph 3, of the Convention applies also to this Agreement. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7 |
Article 7 |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.1 |
1. Without prejudice to the sovereign rights of coastal States 'or the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction as provided for in the Convention, and the right of all States for their nationals to engage in fishing on the high seas in accordance with the Convention: |
3221 |
Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.1.a |
(a) with respect to straddling fish stocks, the relevant coastal States and the States whose nationals fish for such stocks in the adjacent high seas area shall seek, either directly or through the appropriate mechanisms for cooperation provided for in Part III, to agree upon the measures necessary for the conservation of these stocks in the adjacent high seas areas; |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.1.b |
(b) with respect to highly migratory fish stocks, the relevant coastal States and other States whose nationals fish for such stocks in the region shall cooperate, either directly or through the appropriate mechanisms for cooperation provided for in Part III, with a view to ensuring conservation and promoting the objective of optimum utilization of such stocks throughout the region, both within and beyond the areas under national jurisdiction. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.2 |
2. Conservation and management measures established for the high seas and those adopted for areas under national jurisdiction shall be compatible in order to ensure conservation and management of the straddling fish stocks and highly migratory fish stocks in their entirety. To this end, coastal States and States fishing on the high seas have a duty to cooperate for the purpose of achieving compatible measures in respect of such stocks. In determining compatible conservation and management measures, States shall: |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.2.a |
(a) take into account the conservation and management measures adopted and applied in accordance with article 61 of the Convention in respect of the same stocks by coastal States within areas under national jurisdiction and ensure that measures established in respect of such stocks for the high seas do not undermine the effectiveness of such measures; |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.2.b |
(b) take into account previously agreed measures established and applied for the high seas in accordance with the Convention in respect of the same stocks by relevant coastal States and States fishing on the high seas; |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.2.c |
(c) take into account previously agreed measures established and applied in accordance with the Convention in respect of the same stocks by a subregional or regional fisheries management organization or arrangement; |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.2.d |
(d) take into account the biological unity and other biological characteristics of the stocks and the relationships between the distribution of the stocks, the fisheries and the geographical particularities of the region concerned, including the extent to which the stocks occur and are fished in areas under national jurisdiction; |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.2.e |
(e) take into account the respective dependence of the coastal States and the States fishing on the high seas on the stocks concerned; and |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.2.f |
(f) ensure that such measures do not result in harmful impact on the living marine resources as a whole. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.3 |
3. In giving effect to their duty to cooperate, States shall make every effort to agree on compatible conservation and management measures within a reasonable period of time. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.4 |
4. If no agreement can be reached within a reasonable period of time, any of the States concerned may invoke the procedures for the settlement of disputes provided for in Part VIII. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.5 |
5. Pending agreement on compatible conservation and management measures, the States concerned, in a spirit of understanding and cooperation shall make every effort to enter into provisional arrangements of a practical nature. In the event that they are unable to agree on such arrangements, any of the States concerned may submit the dispute, for the purpose of obtaining provisional measures, in accordance with the procedures for the settlement of disputes provided for in Part VIII. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.6 |
6. Provisional arrangements or measures entered into or prescribed pursuant to paragraph 5 shall take into account the provisions of this Part, shall have due regard to the rights and obligations of all States concerned, shall not jeopardize or hamper the reaching of final agreement on compatible conservation and management measures and shall be without prejudice to the final outcome of any dispute settlement procedure. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.7 |
7. Coastal States shall regularly inform States fishing on the high seas in the subregion or region, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for straddling fish stocks and highly migratory fish stocks within areas under their national jurisdiction. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Art.7.8 |
8. States fishing on the high seas shall regularly inform other interested States, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for regulating the activities of vessels flying their flag which fish for such stocks on the high seas. |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Sect.3 |
PART III |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Sect.4 |
PART IV |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Sect.8 |
PART VIII |
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Agreement For The Implementation Of The Law Of The Sea Convention Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks |
Sect.9 |
PART IX |
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Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.19 |
Article 19 |
3224 |
Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.19.1 |
1. Any Party which has reason to believe that another Party is acting or has acted in breach of its obligations under this Convention may inform the Secretariat thereof, and in such an event, shall simultaneously and immediately inform, directly or through the Secretariat, the Party against whom the allegations are made. All relevant information should be submitted by the Secretariat to the Parties. |
3224 |
Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.19.2 |
2. The Conference of the Parties shall consider the adoption of a protocol dealing with detailed procedures and arrangements for the verification of alleged breaches of obligations under this Convention. |
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Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.20 |
Article 20 |
3224 |
Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.20.1 |
1. In case of a dispute between Parties as to the interpretation or application of, or compliance with, this Convention or any protocol thereto, the Parties concerned shall seek a settlement of the dispute through negotiation, mediation or any other peaceful means of their own choice. |
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Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.20.2 |
2. If the Parties concerned cannot settle their dispute through the means mentioned in paragraph 1 of this Article, the dispute, if the Parties to the dispute agree, shall be submitted to arbitration under the conditions set out in Annex VII of this Convention or to the International Court of Justice. However, failure to reach common agreement on submission of the dispute to arbitration or to the International Court of Justice shall not absolve the Parties from the responsibility of continuing to seek to resolve it by the means referred to in paragraph 1. |
3224 |
Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.20.3 |
3. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party may declare that it recognises as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation: |
3224 |
Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.20.3.a |
(a) arbitration in accordance with the procedures set out in Annex VII; and/or |
3224 |
Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.20.3.b |
(b) submission of the dispute to the International Court of Justice. |
3224 |
Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region (Waigani Convention) |
Art.20.4x |
Such declaration shall be notified in writing to the Secretariat which shall communicate it to the Parties. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12 |
Article 12 |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.1 |
1. The owner of a ship registered in a State Party and actually carrying hazardous and noxious substances shall be required to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, in the sums fixed by applying the limits of liability prescribed in Article 9, paragraph 1, to cover liability for damage under this Convention. |
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International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.10 |
10. A State Party shall not permit a ship under its flag to which this Article applies to trade unless a certificate has been issued under paragraph 2 or 12. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.11 |
11. Subject to the provisions of this Article, each State Party shall ensure, under its national law, that insurance or other security in the sums specified in paragraph 1 is in force in respect of any ship, wherever registered, entering or leaving a port in its territory, or arriving at or leaving an offshore facility in its territorial sea. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.12 |
12. If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provisions of this Article relating thereto shall not be applicable to such ship, but the ship shall carry a compulsory insurance certificate issued by the appropriate authorities of the State of the ship's registry stating that the ship is owned by that State and that the ship's liability is covered within the limit prescribed in accordance with paragraph 1. Such a compulsory insurance certificate shall follow as closely as possible the model prescribed by paragraph 2. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.2 |
2. A compulsory insurance certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of a State Party has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party such compulsory insurance certificate shall be issued or certified by the appropriate authority of the State of the ship's registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This compulsory insurance certificate shall be in the form of the model set out in Annex I and shall contain the following particulars: |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.2.a |
(a) name of the ship, distinctive number or letters and port of registry; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.2.b |
(b) name and principal place of business of the owner; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.2.c |
(c) IMO ship identification number; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.2.d |
(d) type and duration of security; |
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International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.2.e |
(e) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established; and |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.2.f |
(f) period of validity of certificate, which shall not be longer than the period of validity of the insurance or other security. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.3 |
3. The compulsory insurance certificate shall be in the official language or languages of the issuing State. If the language used is neither English, nor French nor Spanish, the text shall include a translation into one of these languages. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.4 |
4. The compulsory insurance certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship's registry or, if the ship is not registered in a State Party, with the authority of the State issuing or certifying the certificate. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.5 |
5. An insurance or other financial security shall not satisfy the requirements of this Article if it can cease, for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate under paragraph 2, before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 4, unless the compulsory insurance certificate has been issued within the said period. The foregoing provisions shall similarly apply to any modification which results in the insurance or security no longer satisfying the requirements of this Article. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.6 |
6. The State of the ship's registry shall, subject to the provisions of this Article, determine the conditions of issue and validity of the compulsory insurance certificate. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.7 |
7. Compulsory insurance certificates issued or certified under the authority of a State Party in accordance with paragraph 2 shall be accepted by other States Parties for the purposes of this Convention and shall be regarded by other States Parties as having the same force as compulsory insurance certificates issued or certified by them even if issued or certified in respect of a ship not registered in a State Party. A State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the compulsory insurance certificate is not financially capable of meeting the obligations imposed by this Convention. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.8 |
8. Any claim for compensation for damage may be brought directly against the insurer or other person providing financial security for the owner's liability for damage. In such case the defendant may, even if the owner is not entitled to limitation of liability, benefit from the limit of liability prescribed in accordance with paragraph 1. The defendant may further invoke the defences (other than the bankruptcy or winding up of the owner) which the owner would have been entitled to invoke. Furthermore, the defendant may invoke the defence that the damage resulted from the wilful misconduct of the owner, but the defendant shall not invoke any other defence which the defendant might have been entitled to invoke in proceedings brought by the owner against the defendant. The defendant shall in any event have the right to require the owner to be joined in the proceedings. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.12.9 |
9. Any sums provided by insurance or by other financial security maintained in accordance with paragraph 1 shall be available exclusively for the satisfaction of claims under this Convention. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26 |
Article 26 |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x |
The functions of the Assembly shall be: |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.a |
(a) to elect at each regular session its President and two Vice-Presidents who shall hold office until the next regular session; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.b |
(b) to determine its own rules of procedure, subject to the provisions of this Convention; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.c |
(c) to develop, apply and keep under review internal and financial regulations relating to the aim of the HNS Fund as described in Article 13, paragraph 1(a), and the related tasks of the HNS Fund listed in Article 15; |
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International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.d |
(d) to appoint the Director and make provisions for the appointment of such other personnel as may be necessary and determine the terms and conditions of service of the Director and other personnel; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.e |
(e) to adopt the annual budget prepared in accordance with Article 15(b); |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.f |
(f) to consider and approve as necessary any recommendation of the Director regarding the scope of definition of contributing cargo; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.g |
(g) to appoint auditors and approve the accounts of the HNS Fund; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.h |
(h) to approve settlements of claims against the HNS Fund, to take decisions in respect of the distribution among claimants of the available amount of compensation in accordance with Article 14 and to determine the terms and conditions according to which provisional payments in respect of claims shall be made with a view to ensuring that victims of damage are compensated as promptly as possible; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.i |
(i) to establish a Committee on Claims for Compensation with at least 7 and not more than 15 members and any temporary or permanent subsidiary body it may consider to be necessary, to define its terms of reference and to give it the authority needed to perform the functions entrusted to it; when appointing the members of such body, the Assembly shall endeavour to secure an equitable geographical distribution of members and to ensure that the States Parties are appropriately represented; the Rules of Procedure of the Assembly may be applied, mutatis mutandis , for the work of such subsidiary body; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.j |
(j) to determine which States not party to this Convention, which Associate Members of the Organization and which intergovernmental and international non-governmental organizations shall be admitted to take part, without voting rights, in meetings of the Assembly and subsidiary bodies; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.k |
(k) to give instructions concerning the administration of the HNS Fund to the Director and subsidiary bodies; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.l |
(l) to supervise the proper execution of this Convention and of its own decisions; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.m |
(m) to review every five years the implementation of this Convention with particular reference to the performance of the system for the calculation of levies and the contribution mechanism for domestic trade; and |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.26.1x.n |
(n) to perform such other functions as are allocated to it under this Convention or are otherwise necessary for the proper operation of the HNS Fund. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30 |
Article 30 |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.1 |
1. The Director shall be the chief administrative officer of the HNS Fund. Subject to the instructions given by the Assembly, the Director shall perform those functions which are assigned to the Director by this Convention, the internal regulations of the HNS Fund and the Assembly. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.2 |
2. The Director shall in particular: |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.2.a |
(a) appoint the personnel required for the administration of the HNS Fund; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.2.b |
(b) take all appropriate measures with a view to the proper administration of the assets of the HNS Fund; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.2.c |
(c) collect the contributions due under this Convention while observing in particular the provisions of Article 22, paragraph 2; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.2.d |
(d) to the extent necessary to deal with claims against the HNS Fund and to carry out the other functions of the HNS Fund, employ the services of legal, financial and other experts; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.2.e |
(e) take all appropriate measures for dealing with claims against the HNS Fund, within the limits and on conditions to be laid down in the internal regulations of the HNS Fund, including the final settlement of claims without the prior approval of the Assembly where these regulations so provide; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.2.f |
(f) prepare and submit to the Assembly the financial statements and budget estimates for each calendar year; |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.2.g |
(g) prepare, in consultation with the President of the Assembly, and publish a report on the activities of the HNS Fund during the previous calendar year; and |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.30.2.h |
(h) prepare, collect and circulate the documents and information which may be required for the work of the Assembly and subsidiary bodies. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.39 |
Article 39 |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.39.1 |
1. Subject to the subsequent provisions of this Article, any action against the HNS Fund for compensation under Article 14 shall be brought only before a court having jurisdiction under Article 38 in respect of actions against the owner who is liable for damage caused by the relevant incident or before a court in a State Party which would have been competent if an owner had been liable. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.39.2 |
2. In the event that the ship carrying the hazardous or noxious substances which caused the damage has not been identified, the provisions of Article 38, paragraph 1, shall apply mutatis mutandis to actions against the HNS Fund. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.39.3 |
3. Each State Party shall ensure that its courts have jurisdiction to entertain such actions against the HNS Fund as are referred to in paragraph 1. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.39.4 |
4. Where an action for compensation for damage has been brought before a court against the owner or the owner's guarantor, such court shall have exclusive jurisdiction over any action against the HNS Fund for compensation under the provisions of Article 14 in respect of the same damage. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.39.5 |
5. Each State Party shall ensure that the HNS Fund shall have the right to intervene as a party to any legal proceedings instituted in accordance with this Convention before a competent court of that State against the owner or the owner's guarantor. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.39.6 |
6. Except as otherwise provided in paragraph 7, the HNS Fund shall not be bound by any judgement or decision in proceedings to which it has not been a party or by any settlement to which it is not a party. |
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International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Art.39.7 |
7. Without prejudice to the provisions of paragraph 5, where an action under this Convention for compensation for damage has been brought against an owner or the owner's guarantor before a competent court in a State Party, each party to the proceedings shall be entitled under the national law of that State to notify the HNS Fund of the proceedings. Where such notification has been made in accordance with the formalities required by the law of the court seized and in such time and in such a manner that the HNS Fund has in fact been in a position effectively to intervene as a party to the proceedings, any judgement rendered by the court in such proceedings shall, after it has become final and enforceable in the State where the judgement was given, become binding upon the HNS Fund in the sense that the facts and findings in that judgement may not be disputed by the HNS Fund even if the HNS Fund has not actually intervened in the proceedings. |
3240 |
International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea |
Chap.3 |
CHAPTER III |
3254 |
Agreement On The Conservation Of Cetaceans Of The Black Sea, Mediterranean Sea And Contiguous Atlantic Area |
Art.12 |
Article XII |
3254 |
Agreement On The Conservation Of Cetaceans Of The Black Sea, Mediterranean Sea And Contiguous Atlantic Area |
Art.12.1 |
1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of this Agreement shall be subject to negotiation between the Parties involved in the dispute, or to mediation or conciliation by a third party if this is acceptable to the Parties concerned. |
3254 |
Agreement On The Conservation Of Cetaceans Of The Black Sea, Mediterranean Sea And Contiguous Atlantic Area |
Art.12.2 |
2. If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may by mutual consent submit the dispute to arbitration or judicial settlement. The Parties submitting the dispute shall be bound by the arbitral or judicial decision. |
3255 |
Inter-American Convention For The Protection And Conservation Of Sea Turtles |
Art.16 |
ARTICLE XVI |
3255 |
Inter-American Convention For The Protection And Conservation Of Sea Turtles |
Art.16.1 |
1. Any Party may consult with one or more other Parties about any dispute related to the interpretation or application of the provisions of this Convention to reach a solution satisfactory to all parties to the dispute as quickly as possible. |
3255 |
Inter-American Convention For The Protection And Conservation Of Sea Turtles |
Art.16.2 |
2. If a dispute is not settled through such consultation within a reasonable period, the Parties in question shall consult among themselves as soon as possible in order to settle the dispute through any peaceful means they may decide upon in accordance with international law, including, where appropriate, those provided for in the United Nations Convention on the Law of the Sea. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.17 |
Article 17 |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.17.1 |
1. If a communication is made under Article 15 that implementation of the planned measures would be inconsistent with the provisions of Articles 5 or 7, the notifying State and the State making the communication shall enter into consultations and, if necessary, negotiations with a view to arriving at an equitable resolution of the situation. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.17.2 |
2. The consultations and negotiations shall be conducted on the basis that each State must in good faith pay reasonable regard to the rights and legitimate interests of the other State. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.17.3 |
3. During the course of the consultations and negotiations, the notifying State shall, if so requested by the notified State at the time it makes the communication, refrain from implementing or permitting the implementation of the planned measures for a period of six months unless otherwise agreed. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.18 |
Article 18 |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.18.1 |
1. If a watercourse State has reasonable grounds to believe that another watercourse State is planning measures that may have a significant adverse effect upon it, the former State may request the latter to apply the provisions of Article 12. The request shall be accompanied by a documented explanation setting forth its grounds. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.18.2 |
2. In the event that the State planning the measures nevertheless finds that it is not under an obligation to provide a notification under Article 12, it shall so inform the other State, providing a documented explanation setting forth the reasons for such finding. If this finding does not satisfy the other State, the two States shall, at the request of that other State, promptly enter into consultations and negotiations in the manner indicated in paragraphs 1 and 2 of Article 17. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.18.3 |
3. During the course of the consultations and negotiations, the State planning the measures shall, if so requested by the other State at the time it requests the initiation of consultations and negotiations, refrain from implementing or permitting the implementation of those measures for a period of six months unless otherwise agreed. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33 |
Article 33 |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.1 |
1. In the event of a dispute between two or more Parties concerning the interpretation or application of the present Convention, the Parties concerned shall, in the absence of an applicable agreement between them, seek a settlement of the dispute by peaceful means in accordance with the following provisions. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.10 |
10. When ratifying, accepting, approving or acceding to the present Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute not resolved in accordance with paragraph 2, it recognizes as compulsory ipso facto and without special agreement in relation to any Party accepting the same obligation: |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.10.a |
(a) Submission of the dispute to the International Court of Justice; and/or |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.10.b |
(b) Arbitration by an arbitral tribunal established and operating, unless the parties to the dispute otherwise agreed, in accordance with the procedure laid down in the Annex to the present Convention. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.2 |
2. If the Parties concerned cannot reach agreement by negotiation requested by one of them, they may jointly seek the good offices of, or request mediation or conciliation by, a third party, or make use, as appropriate, of any joint watercourse institutions that may have been established by them or agree to submit the dispute to arbitration or to the International Court of Justice. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.3 |
3. Subject to the operation of paragraph 10, if after six months from the time of the request for negotiations referred to in paragraph 2, the Parties concerned have not been able to settle their dispute through negotiation or any other means referred to in paragraph 2, the dispute shall be submitted, at the request of any of the parties to the dispute, to impartial fact-finding in accordance with paragraphs 4 to 9, unless the Parties otherwise agree. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.4 |
4. A Fact-finding Commission shall be established, composed of one member nominated by each Party concerned and in addition a member not having the nationality of any of the Parties concerned chosen by the nominated members who shall serve as Chairman. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.5 |
5. If the members nominated by the Parties are unable to agree on a Chairman within three months of the request for the establishment of the Commission, any Party concerned may request the Secretary-General of the United Nations to appoint the Chairman who shall not have the nationality of any of the parties to the dispute or of any riparian State of the watercourse concerned. If one of the Parties fails to nominate a member within three months of the initial request pursuant to paragraph 3, any other Party concerned may request the Secretary-General of the United Nations to appoint a person who shall not have the nationality of any of the parties to the dispute or of any riparian State of the watercourse concerned. The person so appointed shall constitute a single-member Commission. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.6 |
6. The Commission shall determine its own procedure. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.7 |
7. The Parties concerned have the obligation to provide the Commission with such information as it may require and, on request, to permit the Commission to have access to their respective territory and to inspect any facilities, plant, equipment, construction or natural feature relevant for the purpose of its inquiry. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.8 |
8. The Commission shall adopt its report by a majority vote, unless it is a single-member Commission, and shall submit that report to the Parties concerned setting forth its findings and the reasons therefore and such recommendations as it deems appropriate for an equitable solution of the dispute, which the Parties concerned shall consider in good faith. |
3261 |
Convention On The Law Of The Non-Navigational Uses Of International Watercourses |
Art.33.9 |
9. The expenses of the Commission shall be borne equally by the Parties concerned. |
3264 |
Joint Convention On The Safety Of Spent Fuel Management And On The Safety Of Radioactive Waste Management |
Art.38 |
ARTICLE 38. RESOLUTION OF DISAGREEMENTS |
3264 |
Joint Convention On The Safety Of Spent Fuel Management And On The Safety Of Radioactive Waste Management |
Art.38.1x |
In the event of a disagreement between two or more Contracting Parties concerning the interpretation or application of this Convention, the Contracting Parties shall consult within the framework of a meeting of the Contracting Parties with a view to resolving the disagreement. In the event that the consultations prove unproductive, recourse can be made to the mediation, conciliation and arbitration mechanisms provided for in international law, including the rules and practices prevailing within the IAEA. |
3282 |
Agreement On The International Dolphin Conservation Program |
Art.20 |
Article XX Settlement of Disputes |
3282 |
Agreement On The International Dolphin Conservation Program |
Art.20.1 |
1. The Parties shall cooperate in order to prevent disputes. Any Party may consult with one or more other Parties about any dispute related to the interpretation or application of the provisions of this Agreement to reach a solution satisfactory to all as quickly as possible. |
3282 |
Agreement On The International Dolphin Conservation Program |
Art.20.2 |
2. If a dispute is not settled through such consultation within a reasonable period, the Parties in question shall consult among themselves as soon as possible in order to settle the dispute through any peaceful means they may decide upon in accordance with international law. |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.11 |
Article 11 |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.11.1x |
Compliance by each Party with its obligations under the present Protocol shall be reviewed regularly. The Implementation Committee established by decision 1997/2 of the Executive Body at its fifteenth session shall carry out such reviews and report to the Parties meeting within the Executive Body in accordance with the terms of the annex to that decision, including any amendments thereto. |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.12 |
Article 12 |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.12.1 |
1. In the event of a dispute between any two or more Parties concerning the interpretation or application of the present Protocol, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. The parties to the dispute shall inform the Executive Body of their dispute. |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.12.2 |
2. When ratifying, accepting, approving or acceding to the present Protocol, or at anytime thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Protocol, it recognizes one or both of the following means of dispute settlement as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation: |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.12.2.a |
(a) Submission of the dispute to the International Court of Justice; |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.12.2.b |
(b) Arbitration in accordance with procedures to be adopted by the Parties at a session of the Executive Body, as soon as practicable, in an annex on arbitration. A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph (b) above. |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.12.3 |
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. |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.12.4 |
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 agree otherwise. |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.12.5 |
5. Except in a case where the parties to a dispute have accepted the same means of dispute settlement under paragraph 2, if after twelve months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation. |
3287 |
Protocol On Persistent Organic Pollutants To The Convention On Long-Range Transboundary Air Pollution |
Art.12.6 |
6. For the purpose of paragraph 5, a conciliation commission shall be created. The commission shall be composed of equal numbers of members appointed by each Party concerned or, where the Parties in conciliation share the same interest, by the group sharing that interest, and a chairperson chosen jointly by the members so appointed. The commission shall render a recommendatory award, which the Parties shall consider in good faith. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.16 |
Article 16 |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.16.1 |
1. If a dispute arises between two or more Parties about the interpretation or application of this Convention, they shall seek a solution by negotiation or by any other means of dispute settlement acceptable to the parties to the dispute. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.16.2 |
2. When signing, ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party may declare in writing to the Depositary that, for a dispute not resolved in accordance with paragraph 1 above, it accepts one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation: |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.16.2.a |
(a) Submission of the dispute to the International Court of Justice; |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.16.2.b |
(b) Arbitration in accordance with the procedure set out in annex II. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.16.3 |
3. If the parties to the dispute have accepted both means of dispute settlement referred to in paragraph 2 above, the dispute may be submitted only to the International Court of Justice, unless the parties agree otherwise. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9 |
Article 9 |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.1 |
1. Each Party shall, within the framework of its national legislation, ensure that any person who considers that his or her request for information under article 4 has been ignored, wrongfully refused, whether in part or in full, inadequately answered, or otherwise not dealt with in accordance with the provisions of that article, has access to a review procedure before a court of law or another independent and impartial body established by law. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.1.ax |
In the circumstances where a Party provides for such a review by a court of law, it shall ensure that such a person also has access to an expeditious procedure established by law that is free of charge or inexpensive for reconsideration by a public authority or review by an independent and impartial body other than a court of law. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.1.bx |
Final decisions under this paragraph 1 shall be binding on the public authority holding the information. Reasons shall be stated in writing, at least where access to information is refused under this paragraph. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.2 |
2. Each Party shall, within the framework of its national legislation, ensure that members of the public concerned |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.2.a |
(a) Having a sufficient interest or, alternatively, |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.2.b |
(b) Maintaining impairment of a right, where the administrative procedural law of a Party requires this as a precondition, have access to a review procedure before a court of law and/ or another independent and impartial body established by law, to challenge the substantive and procedural legality of any decision, act or omission subject to the provisions of article 6 and, where so provided for under national law and without prejudice to paragraph 3 below, of other relevant provisions of this Convention. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.2.b.iix |
The provisions of this paragraph 2 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.2.b.ix |
What constitutes a sufficient interest and impairment of a right shall be determined in accordance with the requirements of national law and consistently with the objective of giving the public concerned wide access to justice within the scope of this Convention. To this end, the interest of any non-governmental organization meeting the requirements referred to in article 2, paragraph 5, shall be deemed sufficient for the purpose of subparagraph (a) above. Such organizations shall also be deemed to have rights capable of being impaired for the purpose of subparagraph (b) above. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.3 |
3. In addition and without prejudice to the review procedures referred to in paragraphs 1 and 2 above, each Party shall ensure that, where they meet the criteria, if any, laid down in its national law, members of the public have access to administrative or judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of its national law relating to the environment. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.4 |
4. In addition and without prejudice to paragraph 1 above, the procedures referred to in paragraphs 1, 2 and 3 above shall provide adequate and effective remedies, including injunctive relief as appropriate, and be fair, equitable, timely and not prohibitively expensive. Decisions under this article shall be given or recorded in writing. Decisions of courts, and whenever possible of other bodies, shall be publicly accessible. |
3288 |
Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters |
Art.9.5 |
5. In order to further the effectiveness of the provisions of this article, each Party shall ensure that information is provided to the public on access to administrative and judicial review procedures and shall consider the establishment of appropriate assistance mechanisms to remove or reduce financial and other barriers to access to justice. |
3297 |
Convention On The Protection Of The Rhine |
Art.16 |
Article 16 Settlement of disputes |
3297 |
Convention On The Protection Of The Rhine |
Art.16.1 |
1. If a dispute arises between Contracting Parties regarding the interpretation or application of this Convention, the Parties concerned shall seek a solution through negotiation or any other form of dispute settlement acceptable to them. |
3297 |
Convention On The Protection Of The Rhine |
Art.16.2 |
2. If the dispute cannot be settled in this manner, it shall, unless the Parties to the dispute decide otherwise, be submitted, at the request of one of them, to arbitration in accordance with the provisions of the Annex to this Convention, which shall form an integral part thereof. |
3303 |
Protocol On Water And Health To The Convention On The Protection And Use Of Transboundary Watercourses And International Lakes |
Art.20 |
Article 20 |
3303 |
Protocol On Water And Health To The Convention On The Protection And Use Of Transboundary Watercourses And International Lakes |
Art.20.1 |
1. If a dispute arises between two or more Parties about the interpretation or application of this Protocol, they shall seek a solution by negotiation or by any other means of dispute settlement acceptable to the parties to the dispute. |
3303 |
Protocol On Water And Health To The Convention On The Protection And Use Of Transboundary Watercourses And International Lakes |
Art.20.2 |
2. When signing, ratifying, accepting, approving or acceding to this Protocol, or at any time thereafter, a Party may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 of this article, it accepts one of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation: |
3303 |
Protocol On Water And Health To The Convention On The Protection And Use Of Transboundary Watercourses And International Lakes |
Art.20.2.a |
(a) Where the Parties are Parties to the Convention, and have accepted as compulsory in relation to each other one or both of the means of dispute settlement provided in the Convention, the settlement of the dispute in accordance with the provisions of the Convention for the settlement of disputes arising in connection with the Convention; |
3303 |
Protocol On Water And Health To The Convention On The Protection And Use Of Transboundary Watercourses And International Lakes |
Art.20.2.b |
(b) In any other case, the submission of the dispute to the International Court of Justice, unless the Parties agree to arbitration or some other form of dispute resolution. |
3309 |
Agreement For The Establishment Of The Regional Commission For Fisheries |
Art.16 |
Article XVI: Interpretation and Settlement of Disputes |
3309 |
Agreement For The Establishment Of The Regional Commission For Fisheries |
Art.16.1x |
Any dispute regarding the interpretation or application of this Agreement, if not settled by the Commission, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairperson chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If, as the result of this procedure, the dispute is not settled, it shall be referred to the International Court of Justice in accordance with the Statute of the Court, unless the parties to the dispute agree to another method of settlement. |
3321 |
Convention on the Conservation and Management of the Highly Migratory Fish Stocks of the Western and Central Pacific Ocean |
Art.31 |
Article 31 Procedures for the settlement of disputes |
3321 |
Convention on the Conservation and Management of the Highly Migratory Fish Stocks of the Western and Central Pacific Ocean |
Art.31.1x |
The provisions relating to the settlement of disputes set out in Part VIII of the Agreement apply, mutatis mutandis , to any dispute between members of the Commission, whether or not they are also Parties to the Agreement. |
3321 |
Convention on the Conservation and Management of the Highly Migratory Fish Stocks of the Western and Central Pacific Ocean |
Part.10 |
PART X NON-PARTIES TO THIS CONVENTION |
3334 |
Agreement For The Establishment Of A Commission For Controlling The Desert Locust In The Western Region |
Art.22 |
ARTICLE XXII |
3334 |
Agreement For The Establishment Of A Commission For Controlling The Desert Locust In The Western Region |
Art.22.1x |
Any dispute regarding the interpretation or application of this Agreement not settled by the Commission shall be referred to a Committee composed of one member appointed by each of the parties to the dispute and an independent Chairperson chosen by the members of this Committee. The recommendations of the Committee, while not binding in character, shall serve as the basis for renewed consideration by the parties concerned of the matter that occasioned the dispute. If this procedure fails to lead to settlement, the dispute shall be referred to the International Court of Justice in accordance with the Statute of the Court, unless the parties to the dispute agree to another method of settlement. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23 |
Article 23 Implementation |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1 |
1. Conservation and management and control measures adopted by the Commission shall become binding on the Contracting Parties in the following manner: |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.a |
(a) the Executive Secretary shall notify promptly in writing all Contracting Parties of such a measure following its adoption by the Commission; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.b |
(b) the measure shall become binding upon all Contracting Parties 60 days after notification by the Secretariat of the measure's adoption by the Commission, pursuant to subparagraph (a), unless otherwise specified in the measure; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.c |
(c) if a Contracting Party, within 60 days following the notification specified in subparagraph (a), notifies the Commission that it is unable to accept a measure, that measure shall not, to the extent stated, be binding upon that Contracting Party; however, the measure shall remain binding on all other Contracting Parties unless the Commission decides otherwise; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.d |
(d) any Contracting Party which makes a notification under subparagraph (c) shall at the same time provide a written explanation of its reasons for making the notification and, where appropriate, its proposals for alternative measures which the Contracting Party is going to implement. The explanation shall specify inter alia whether the basis for the notification is that: |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.d.i |
(i) the Contracting Party considers that the measure is inconsistent with the provisions of this Convention; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.d.ii |
(ii) the Contracting Party cannot practicably comply with the measure; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.d.iii |
(iii) the measure unjustifiably discriminates in form or in fact against the Contracting Party; or |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.d.iv |
(iv) other special circumstances apply; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.e |
(e) the Executive Secretary shall promptly circulate to all Contracting Parties details of any notification and explanation received in accordance with subparagraphs (c) and (d); |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.f |
(f) in the event that any Contracting Party invokes the procedure set out in subparagraphs (c) and (d), the Commission shall meet at the request of any other Contracting Party to review the measure. At the time of such a meeting and within 30 days following the meeting, any Contracting Party shall have the right to notify the Commission that it is no longer able to accept the measure, in which case that Contracting Party shall no longer be bound by the measure; and |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.1.g |
(g) pending the conclusions of a review meeting called in accordance with subparagraph (f), any Contracting Party may request an ad hoc expert panel established in accordance with Article 24 to make recommendations on any interim measures following the invocation of the procedures pursuant to subparagraphs (c) and (d) which may be necessary in respect of the measure to be reviewed. Subject to paragraph 3, such interim measures shall be binding on all Contracting Parties if all Contracting Parties (other than those who have indicated that they are unable to accept the measure, pursuant to subparagraphs (c) and (d)) agree that the long term sustainability of the stocks covered by this Convention will be undermined in the absence of such measures. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.2 |
2. Any Contracting Party which invokes the procedure set out in paragraph 1 may at any time withdraw its notification of non-acceptance and become bound by the measure immediately if it is already in effect or at such time as it may come into effect under this article. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.23.3 |
3. This article is without prejudice to the right of any Contracting Party to invoke the dispute settlement procedures set out in Article 24 in respect of a dispute concerning the interpretation or application of this Convention, in the event that all other methods to settle the dispute, including the procedures set out in this article, have been exhausted. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.24 |
Article 24 Dispute settlement |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.24.1 |
1. The Contracting Parties shall cooperate in order to prevent disputes. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.24.2 |
2. If any dispute arises between two or more Contracting Parties concerning the interpretation or implementation of this Convention, those Contracting Parties shall consult among themselves with a view to resolving the dispute, or to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.24.3 |
3. In cases where a dispute between two or more Contracting Parties is of a technical nature, and the Contracting Parties are unable to resolve the dispute among themselves, they may refer the dispute to an ad hoc expert panel established in accordance with procedures adopted by the Commission at its first meeting. The panel shall confer with the Contracting Parties concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.24.4 |
4. Where a dispute is not referred for settlement within a reasonable time of the consultations referred to in paragraph 2, or where a dispute is not resolved by recourse to other means referred to in this article within a reasonable time, such dispute shall, at the request of any party to the dispute, be submitted for binding decision in accordance with procedures for the settlement of disputes provided in Part XV of the 1982 Convention or, where the dispute concerns one or more straddling stocks, by provisions set out in Part VIII of the 1995 Agreement. The relevant part of the 1982 Convention and the 1995 Agreement shall apply whether or not the parties to the dispute are also Parties to these instruments. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.24.5 |
5. A court, tribunal or panel to which any dispute has been submitted under this article shall apply the relevant provisions of this Convention, of the 1982 Convention, of the 1995 Agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law, compatible with the 1982 Convention and the 1995 Agreement, with a view to ensuring the conservation of the fish stocks concerned. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6 |
Article 6 The Commission |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.1 |
1. Each Contracting Party shall be a member of the Commission. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.10 |
10. Taking account of Articles 116-119 of the 1982 Convention, the Commission may draw the attention of any State or fishing entity which is a non-party to this Convention to any activity which in the opinion of the Commission affects implementation of the objective of this Convention. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.11 |
11. The Commission shall draw the attention of all Contracting Parties to any activity which in the opinion of the Commission undermines: |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.11.a |
(a) the implementation by a Contracting Party of the objective of this Convention, or the compliance of that Contracting Party with its obligations under this Convention; or |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.11.b |
(b) the compliance of that Contracting Party with its obligations under this Convention. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.12 |
12. The Commission shall take account of measures established by other organisations which affect living marine resources in the Convention Area, and, without prejudice to the objective of this Convention, shall seek to ensure consistency with such measures. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.13 |
13. If the Commission determines that a Contracting Party has ceased to participate in the work of the Organisation, the Commission shall consult with the Contracting Party concerned and may take a decision to address the matter, as it deems appropriate. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.2 |
2. Each member shall appoint one representative to the Commission who may be accompanied by alternate representatives and advisers. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3 |
3. The functions of the Commission shall be to: |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.a |
(a) identify conservation and management needs; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.b |
(b) formulate and adopt conservation and management measures; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.c |
(c) determine total allowable catches and/or levels of fishing effort, taking into account total fishing mortality, including of non-target species; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.d |
(d) determine the nature and extent of participation in fishing; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.e |
(e) keep under review the status of stocks and gather, analyse and disseminate relevant information on stocks; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.f |
(f) encourage, promote and, where appropriate by agreement, coordinate scientific research on fishery resources within the Convention Area and in adjacent waters under national jurisdiction; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.g |
(g) manage stocks on the basis of the precautionary approach to be developed in accordance with Article 7; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.h |
(h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.i |
(i) adopt measures concerning control and enforcement within the Convention Area; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.j |
(j) develop measures for the conduct of fishing for scientific research purposes; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.k |
(k) develop rules for the collection, submission, verification of, access to and use of data; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.l |
(l) compile and disseminate accurate and complete statistical data to ensure that the best scientific advice is available, while maintaining confidentiality, where appropriate; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.m |
(m) direct the Compliance and Scientific Committees, other subsidiary bodies, and the Secretariat; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.n |
(n) approve the budget of the Organisation; and |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.3.o |
(o) carry out such other activities as may be necessary to fulfil its functions. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.4 |
4. The Commission shall adopt its rules of procedure. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.5 |
5. The Commission shall adopt measures, in accordance with international law, to promote compliance by vessels flying the flag of non-parties to this Convention with measures agreed by the Commission. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.6 |
6. The Commission shall take full account of the recommendations and advice from the Scientific and Compliance Committees in formulating its decisions. The Commission shall, in particular, take full account of the biological unity and other biological characteristics of the stocks. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.7 |
7. The Commission shall publish its conservation and management and control measures which are in force, and, as far as practicable, shall maintain records of other conservation and management measures in force in the Convention Area. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.8 |
8. The measures referred to in paragraph 3 may include the following: |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.8.a |
(a) the quantity of any species which may be caught; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.8.b |
(b) the areas and periods in which fishing may occur; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.8.c |
(c) the size and sex of any species which may be taken; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.8.d |
(d) the fishing gear and technology which may be used; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.8.e |
(e) the level of fishing effort, including vessel numbers, types and sizes, which may be used; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.8.f |
(f) the designation of regions and sub-regions; |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.8.g |
(g) other measures regulating fisheries with the objective of protecting any species; and |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.8.h |
(h) other measures the Commission considers necessary to meet the objective of this Convention. |
3338 |
Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean |
Art.6.9 |
9. Conservation and management and control measures adopted by the Commission in accordance with this Convention shall become effective in accordance with Article 23. |
3341 |
Convention On Persistent Organic Pollutants |
Art.18 |
Article 18 |
3341 |
Convention On Persistent Organic Pollutants |
Art.18.1 |
1. Parties shall settle any dispute between them concerning the interpretation or application of this Convention through negotiation or other peaceful means of their own choice. |
3341 |
Convention On Persistent Organic Pollutants |
Art.18.2 |
2. When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party that is not a regional economic integration organization may declare in a written instrument submitted to the depositary that, with respect to any dispute concerning the interpretation or application of the Convention, it recognizes one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation: |
3341 |
Convention On Persistent Organic Pollutants |
Art.18.2.a |
(a) Arbitration in accordance with procedures to be adopted by the Conference of the Parties in an annex as soon as practicable; |
3341 |
Convention On Persistent Organic Pollutants |
Art.18.2.b |
(b) Submission of the dispute to the International Court of Justice. |
3341 |
Convention On Persistent Organic Pollutants |
Art.18.3 |
3. A Party that is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedure referred to in paragraph 2 (a). |
3341 |
Convention On Persistent Organic Pollutants |
Art.18.4 |
4. A declaration made pursuant to paragraph 2 or paragraph 3 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. |
3341 |
Convention On Persistent Organic Pollutants |
Art.18.5 |
5. The expiry of a declaration, a notice of revocation or a new declaration shall not in any way affect proceedings pending before an arbitral tribunal or the International Court of Justice unless the parties to the dispute otherwise agree. |
3341 |
Convention On Persistent Organic Pollutants |
Art.18.6 |
6. If the parties to a dispute have not accepted the same or any procedure pursuant to paragraph 2, and if they have not been able to settle their dispute within twelve months following notification by one party to another that a dispute exists between them, the dispute shall be submitted to a conciliation commission at the request of any party to the dispute. The conciliation commission shall render a report with recommendations. Additional procedures relating to the conciliation commission shall be included in an annex to be adopted by the Conference of the Parties no later than at its second meeting. |
3342 |
Agreement On The Conservation Of Albatrosses And Petrels |
Art.14 |
ARTICLE XIV |
3342 |
Agreement On The Conservation Of Albatrosses And Petrels |
Art.14.1 |
1. Parties shall co-operate in order to avoid disputes. |
3342 |
Agreement On The Conservation Of Albatrosses And Petrels |
Art.14.2 |
2. Where a dispute between two or more Parties is agreed to be of a technical nature, the Parties shall confer with each other and the Chair of the Advisory Committee with a view to resolving the dispute amicably. Where the Parties are unable to resolve the dispute within twelve months of the Chair having been informed in writing of the dispute by one of the parties, and prolongation of the dispute could, in the view of the Chair, have an adverse effect on the conservation status of albatrosses and petrels listed in this Agreement, they shall refer the dispute to a technical arbitration panel. |
3342 |
Agreement On The Conservation Of Albatrosses And Petrels |
Art.14.3 |
3. The technical arbitration panel shall be established by the Chair of the Advisory Committee, in consultation with the Parties in dispute, and shall be drawn from members of the Advisory Committee, and such other experts as necessary. The panel shall confer with the Parties in dispute and endeavour to reach a final decision within five months of establishment of the panel. That decision shall be binding on the Parties in dispute. |
3342 |
Agreement On The Conservation Of Albatrosses And Petrels |
Art.14.4 |
4. The procedures relating to technical arbitration panels and other procedures to resolve disputes shall be determined by the Meeting of the Parties. |
3342 |
Agreement On The Conservation Of Albatrosses And Petrels |
Art.14.5 |
5. Any other dispute, that may arise between two or more Parties with respect specifically to the interpretation or application of this Agreement, shall be subject to the provisions of Article XIII of the Convention, which shall apply whether or not the Parties to the dispute are also Parties to the Convention. |
3342 |
Agreement On The Conservation Of Albatrosses And Petrels |
Art.14.6 |
6. This Article does not preclude the application of the dispute settlement provisions of any other treaty in force between the Parties in dispute in relation to disputes covered by those provisions. |
3345 |
International Convention On The Control Of Harmful Anti-Fouling Systems On Ships |
Art.14 |
ARTICLE 14 |
3345 |
International Convention On The Control Of Harmful Anti-Fouling Systems On Ships |
Art.14.1x |
Parties shall settle any dispute between them concerning the interpretation or application of this Convention by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. |
3346 |
International Treaty On Plant Genetic Resources For Food And Agriculture |
Art.22 |
Article 22 - Settlement of Disputes |
3346 |
International Treaty On Plant Genetic Resources For Food And Agriculture |
Art.22.1 |
22.1 In the event of a dispute between Contracting Parties concerning the interpretation or application of this Treaty, the parties concerned shall seek solutions by negotiation. |
3346 |
International Treaty On Plant Genetic Resources For Food And Agriculture |
Art.22.2 |
22.2 If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party. |
3346 |
International Treaty On Plant Genetic Resources For Food And Agriculture |
Art.22.3 |
22.3 When ratifying, accepting, approving or acceding to this Treaty, or at any time thereafter, a Contracting Party may declare in writing to the Depositary that for a dispute not resolved in accordance with Article 22.1 or Article 22.2 above, it accepts one or both of the following means of dispute settlement as compulsory: |
3346 |
International Treaty On Plant Genetic Resources For Food And Agriculture |
Art.22.3.a |
(a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II to this Treaty; |
3346 |
International Treaty On Plant Genetic Resources For Food And Agriculture |
Art.22.3.b |
(b) Submission of the dispute to the International Court of Justice. |
3346 |
International Treaty On Plant Genetic Resources For Food And Agriculture |
Art.22.4 |
22.4 If the parties to the dispute have not, in accordance with Article 22.3 above, accepted the same or any procedure, the dispute shall be submitted to conciliation in accordance with Part 2 of Annex II to this Treaty unless the parties otherwise agree. |
3350 |
Convention For Cooperation In The Protection And Sustainable Development Of The Marine And Coastal Environment Of The Northeast Pacific |
Art.25 |
ARTICLE 25 |
3350 |
Convention For Cooperation In The Protection And Sustainable Development Of The Marine And Coastal Environment Of The Northeast Pacific |
Art.25.1x |
In the event of a dispute between Contracting Parties concerning the interpretation or application of this Convention, the Contracting Parties concerned shall seek solution by negotiation or any other mechanism for the peaceful settlement of disputes established by international law. |
3352 |
ASEAN Agreement On Transboundary Haze Pollution |
Art.27 |
Article 27 |
3352 |
ASEAN Agreement On Transboundary Haze Pollution |
Art.27.1x |
Any dispute between Parties as to the interpretation or application of, or compliance with, this Agreement or any protocol thereto, shall be settled amicably by consultation or negotiation. |
3352 |
ASEAN Agreement On Transboundary Haze Pollution |
Sect.6 |
PART VI. FINAL CLAUSES |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15 |
Article 15 |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.1 |
(1) Any dispute between the Parties concerning the interpretation or implementation of this Agreement shall be settled amicably through consultation and negotiations between the Parties. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.2 |
(2) Where the dispute has not been settled within one year, from the date upon which such negotiations were requested, it may be submitted to arbitration by either Party. If the disputing parties do not agree on the subject matter of the dispute, the arbitral tribunal shall determine the subject matter. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3 |
(3) The arbitration shall operate according to the following rules: |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.a |
(a) The number of arbitrators shall amount to a total of three. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.b |
(b) The Parties initiating the arbitration shall appoint one arbitrator and the other Party or Parties shall appoint one other arbitrator. The aforesaid two arbitrators shall jointly designate a third arbitrator who shall chair the arbitral tribunal. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.c |
(c) The arbitrators shall be appointed within a threemonth period. Should the time limit elapse and any one of the disputing parties have not appointed any arbitrator, the arbitrator shall be appointed by the President of the SADC Tribunal at the request of a Party. Pending the establishment and entering into operation of the SADC Tribunal the aforementioned appointment shall be made by the President of the International Court of Justice. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.d |
(d) In case of a dispute between the arbitrators designated by the disputing parties as to the designation, within two months, of the final arbitrator, the latter shall be designated by the President of the SADC Tribunal at the request of a Party. Pending the establishment and entering into operation of the SADC Tribunal the aforementioned designation shall be made by the President of the International Court of Justice. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.e |
(e) Based on International Law and in particular on the basis of this Agreement, the rules of procedure to be followed by the arbitral tribunal shall be decided by the tribunal, who shall also determine the distribution between the disputing parties of the costs of the arbitration. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.f |
(f) The arbitral tribunal shall render its decisions in accordance with the provisions of this Agreement and International Law. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.g |
(g) The arbitral tribunal may, at the request of one of the disputing parties, recommend interim measures of protection. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.h |
(h) Decisions of the arbitral tribunal, both on procedure and substance, shall be taken by a majority vote of its members. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.i |
(i) The arbitral award shall be submitted in writing and shall be signed by all arbitrators. |
3353 |
Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses |
Art.15.3.j |
(j) The arbitral award shall be final and binding. |
4251 |
Amendments To The Convention For The Establishment Of The European And Mediterranean Plant Protection Organization |
Art.9 |
Article IX SETTLEMENT OF DISPUTES |
4251 |
Amendments To The Convention For The Establishment Of The European And Mediterranean Plant Protection Organization |
Art.9.1 |
1. If there is any dispute regarding the interpretation or application of this Convention, or if a contracting Government considers that any action by another contracting Government is in conflict with the obligations of the latter under Articles V and VI of this Convention, especially regarding the basis of prohibiting or restricting the imports of plants or plant products coming from its territories, the Government or Governments concerned may request the Director-General of FAO to appoint a committee to consider the question in dispute. |
4251 |
Amendments To The Convention For The Establishment Of The European And Mediterranean Plant Protection Organization |
Art.9.2 |
2. The Director-General of FAO shall thereupon, after consultation with the Governments concerned, appoint a committee of experts which shall include representatives of those Governments. This committee shall consider the question in dispute, taking into account all documents and other forms of evidence submitted by the Governments concerned. This committee shall submit a report to the Director-General of FAO who shall transmit it to the Governments concerned, and to other contracting Governments. |
4251 |
Amendments To The Convention For The Establishment Of The European And Mediterranean Plant Protection Organization |
Art.9.3 |
3. The contracting Governments agree that the recommendations of such a committee, while not binding in character, will become the basis for renewed consideration by the Governments concerned of the matter out of which the disagreement arose. |
4251 |
Amendments To The Convention For The Establishment Of The European And Mediterranean Plant Protection Organization |
Art.9.4 |
4. The Governments concerned shall share equally the expenses of the experts. |
4291 |
Amendments to the Convention On The Protection Of The Marine Environment Of The Baltic Sea Area (Annex IV; Regulations 4-13) |
Art.26 |
Article 26 |
4291 |
Amendments to the Convention On The Protection Of The Marine Environment Of The Baltic Sea Area (Annex IV; Regulations 4-13) |
Art.26.1 |
1. In case of a dispute between Contracting Parties as to the interpretation or application of this Convention, they should seek a solution by negotiation. If the Parties concerned cannot reach agreement they should seek the good offices of or jointly request mediation by a third Contracting Party, a qualified international organization or a qualified person. |
4291 |
Amendments to the Convention On The Protection Of The Marine Environment Of The Baltic Sea Area (Annex IV; Regulations 4-13) |
Art.26.2 |
2. If the Parties concerned have not been able to resolve their dispute through negotiation or have been unable to agree on measures as described above, such disputes shall be, upon common agreement, submitted to an ad hoc arbitration tribunal, to a permanent arbitration tribunal, or to the International Court of Justice. |
4469 |
Amendment To The Convention Relating To The Creation Of The Gambia River Basin Development Organization (Adhesion of Guinée-Bissau) |
Art.23 |
Article 23. |
4469 |
Amendment To The Convention Relating To The Creation Of The Gambia River Basin Development Organization (Adhesion of Guinée-Bissau) |
Art.23.1x |
In the absence of agreement between States, all differences which might arise between member States in relation to matters of interpretation or the implementation of the present convention shall be resolved by discussion and mediation. In the absence of agreement, the member States shall inform the Commission of Conciliation and Arbitration of the Organisation of African Unity. As a last resort the member States shall seek the assistance of the International Court of Justice at The Hague. |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.19 |
Article 19 |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.19.1 |
1. Any dispute concerning the interpretation or application of this Agreement which cannot be settled by negotiation, conciliation or similar means may be referred by any party to the dispute to the Governing Council for its recommendation. Failing settlement of the dispute, the matter shall be submitted to an arbitral tribunal consisting of three arbitrators. The parties to the dispute shall appoint one arbitrator each; the two arbitrators so appointed shall designate by mutual consent the third arbitrator, who shall be the President of the tribunal. If one of the Parties does not appoint an arbitrator within two months of the appointment of the first arbitrator, or if the President of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Chairman of the Governing Council shall designate the arbitrator or the President, as the case may be, within a further two-month period. |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.19.2 |
2. The proceedings of the arbitral tribunal shall be carried out in accordance with the rules of the United Nations Commission on International Trade Law (UNCITRAL). |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.19.3 |
3. A Member which fails to abide by an arbitral award rendered in accordance with paragraph 1 of this Article may be suspended from the exercise of the rights and privileges of membership by a two-thirds majority of the Members. |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9 |
Article 9 |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1 |
1. The functions of the Governing Council shall be: |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.a |
(a) to determine the policy of the Organization and to approve by a majority of not less than two-thirds of the Members its programme of work and its budget, giving due consideration to the conclusions and recommendations of the Technical Advisory Committee referred to in Article 11; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.b |
(b) to assess, by a majority of not less than two-thirds of the Members, the contribution of Members as provided in Article 13; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.c |
(c) to establish special funds to enable the acceptance of additional resources for the development of programmes and projects; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.d |
(d) to lay down general standards and guidelines for the management of the Organization; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.e |
(e) to evaluate the progress of work and activities of the Organization including the auditing of accounts, in accordance with policies and procedures established for the purpose by the Governing Council, and to give guidance to the Coordinator on the implementation of its decisions; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.f |
(f) to formulate and adopt the Financial Regulations and the Administrative Regulations, and to appoint auditors; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.g |
(g) to appoint the Coordinator of the Organization and to determine his conditions of service; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.h |
(h) to adopt rules governing the settlement of disputes, referred to in Article 19; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.i |
(i) to approve formal arrangements with governments as well as other organizations or institutions, including any headquarters agreement concluded between the Organization and the Host Government; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.j |
(j) to adopt the Staff Regulations which determine the general terms and conditions of employment of the staff; |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.k |
(k) to approve agreements for cooperation to be concluded pursuant to Article 15; and |
4494 |
Amendment to the Agreement On The Network Of Aquaculture Centres In Asia And The Pacific |
Art.9.1.l |
(l) to perform all other functions that have been entrusted to it by this Agreement or that are ancillary to the accomplishment of the approved activities of the Organization. |