Convention Relating to the Status of Refugees 5

Convention Relating to the Status of Refugees

 

ARTICLE 36
Information on National Legislation
The Contracting States shall communicate to the Secretary
General of the United Nations the laws and regulations which
they may adopt to ensure the application of this Convention.

ARTICLE 37
Relation to Previous Conventions
Without prejudice to Article 28, paragraph 2, of this Con-
vention, this Convention replaces, as between parties to it,
the Arrangements of 5th July, 1922, 31st May, 1924,
12th May, 1926, 30th June, 1928, and 30th July, 1935.
the Conventions of 28th October, 1933(6), and 10th February.
1938, the Protocol of 14th September, 1939, and the
Agreement of 15th October, 1946.

CHAPTER VII. FINAL CLAUSES

ARTICLE 38
Settlement of Disputes
Any dispute between parties to this Convention relating to
its interpretation or application, which cannot be settled by
other means shall be referred to the International Court of
Justice at the request of any one of the-parties to the dispute.

ARTICLE 39
Signature, Ratification and Accession
1. This Convention shall be opened for signature at Geneva
on 28th July, 1951, and shall thereafter be deposited with the
Secretary-General of the United Nations. It shall be open
for signature at the European Office of the United Nations
from 28th July to 31st August, 1951, and shall be reopened
for signature at the Headquarters of the United Nations from
17th September, 1951, to 31st December, 1952.

2. This Convention shall be open for signature on behalf
of all States Members of the United Nations, and also on
behalf of any other State invited to attend the Conference of
Plenipotentiaries on the Status of Refugees and Stateless
Persons or to which an invitation to sign will have been
addressed by the General Assembly. It shall be ratified and
the instruments of ratification shall be deposited with the
Secretary-General of the United Nations.

3. This Convention shall be open from 28th July, 1951,
for accession by the States referred to in paragraph 2 of this
Article. Accession shall be effected by the deposit of an in-
strument of accession with the Secretary-General of the
United Nations.

ARTICLE 40
Territorial Application Clause
1. Any State may, at the time of signature, ratification or
accession, declare that this Convention shall extend to all or
any of the territories for the international relations of which
it is responsible. Such a declaration shall take effect when
the Convention enters into force for the State concerned.

2. At any time thereafter any such extension shall be made
by notification addressed to the Secretary-General of the
United Nations and shall take effect as from the ninetieth
day after the day of receipt by the Secretary-General of the
United Nations of this notification, or as from the date of
entry into force of the Convention for the State concerned,
whichever is the later.

3. With respect to those territories to which this Convention
is not extended at the time of signature, ratification or
accession, each State concerned shall consider the possibility
of taking the necessary steps in order to extend the application
of this Convention to such territories, subject, where necessary
for constitutional reasons, to the consent of the Governments
of such territories.

ARTICLE 41
Federal Clause
In the case of a Federal or non-unitary State the following
provisions shall apply:

(a) With respect to those Articles of this Convention that
come within the legislative jurisdiction of the federal legisla-
tive authority, the obligations of the Federal Government shall
to this extent be the same as those of Parties which are not
Federal States ;
(b) With respect to those Articles of this Convention that
come within the legislative jurisdiction of constituent States,
provinces or cantons, which are not, under the constitutional
system of the federation, bound to take legislative action, the
Federal Government shall bring such Articles with a favorable
recommendation to the notice of the appropriate
authorities of States, provinces or cantons at the earliest
possible moment.
(c) A Federal State Party to this Convention shall, at the
request of any other Contracting State transmitted through
the Secretary-General of the United Nations, supply a state-
ment of,the, law and practice of the Federation and its con-
stituent units in regard to any particular provision of the,
Convention showing the extent to which effect has been given
to that provision by legislative or other action.

ARTICLE 42
Reservations
1. At the time of signature, ratification or accession, any
State may make reservations to Articles of the Convention
other than to Articles 1, 3, 4, 16 (1), 33, 36-46 inclusive.

2. Any State making a reservation in accordance with para-
graph 1 of this Article may at any time withdraw the reserva-
tion by a communication to that effect addressed to the
Secretary-General of the United Nations.

ARTICLE 43
Entry into force
1. This Convention shall come into force on the ninetieth
day following the day of deposit of the sixth instrument of
ratification or accession.

2. For each State ratifying or acceding to the Convention
after the deposit of the sixth instrument of ratification or
accession, the Convention shall enter into force on the
ninetieth day following the date of deposit by such State of
its instrument of ratification or accession.

ARTICLE 44
Denunciation
1. Any Contracting State may denounce this Convention at
any time by a notification addressed to the Secretary-General
of the United Nations.

2. Such denunciation shall take effect for the Contracting
State concerned one year from the date upon which it is
received by the Secretary-General of the United Nations.

3. Any State which has made a declaration or notification
under Article 40 may, at any time thereafter, by a notification
to the Secretary-General of the United Nations, declare that
the Convention shall cease to extend to such territory one
year after the date of receipt of the notification by the
Secretary-General.

ARTICLE 45
Revision
1. Any Contracting State may request revision of this Con-
vention at any time by a notification addressed to the
Secretary-General of the United Nations.

2. The General Assembly of the United Nations shall re-
commend the steps, if any, to be -taken in respect of such
request.

ARTICLE 46
Notifications by the Secretary-General of the United Nations
The Secretary-General of the United Nations shall inform
All Members of the United Nations and non-member States
referred to in Article 39:

(a) of declarations and notifications in accordance with
Section B of Article I ;
(b) of signatures, ratifications and accessions in accordance
with Article 39
(c) of declarations and notifications in accordance with
Article 40 ;
(d) of reservations and withdrawals in accordance with.
Article 42 ;
(e) of the date on which this Convention will come into
force in accordance with Article 43 ;
(f) of denunciations and notifications in accordance with
Article 44 ;
(g) of requests for revision in accordance with Article 45.

In faith whereof the undersigned, duly authorised, have signed
this Convention on behalf of their respective , Governments.

Done at Geneva, this 28th day of July, 1951, in a single
copy, of which the English and French texts are equally
authentic and which shall remain deposited in the archives of
the United Nations, and certified true copies of which shall be
delivered to all members of the United Nations and to the
non-member States referred to in Article 39.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Convention Relating to the Status of Refugees, Refugees, Settlement of Disputes.


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