Convention on the Regulation of Antarctic Mineral Resource Activities

 

Chapter VII: Final Clauses

Article 60

Signature

This Convention shall be open for signature at Wellington from 25 November 1988
to 25 November 1989 by States which participated in the final session of the
Fourth Special Antarctic Treaty Consultative Meeting.

Article 61

Ratification, Acceptance, Approval or Accession

1 This Convention is subject to ratification, acceptance or approval by
Signatory States.

2 After 25 November 1989 this Convention shall be open for accession by any
State which is a Contracting Party to The Antarctic Treaty .

3 Instruments of ratification, acceptance, approval or accession shall be
deposited with the Government of New Zealand, hereby designated as the
Depositary.

 

Article 62

Entry Into Force

1 This Convention shall enter into force on the thirtieth day following the date
of deposit of instruments of ratification, acceptance, approval or accession by
16 Antarctic Treaty Consultative Parties which participated as such in the final
session of the Fourth Special Antarctic Treaty Consultative Meeting, provided
that number includes all the States necessary in order to establish all of the
institutions of the Convention in respect of every area of Antarctica, including
5 developing countries and 11 developed countries.

2 For each State which, subsequent to the date of entry into force of this
Convention, deposits an instrument of ratification, acceptance, approval or
accession, the Convention shall enter into force on the thirtieth day
following such deposit.

 

Article 63

Reservations, Declarations and Statements

1 Reservations to this Convention shall not be permitted. This does not
preclude a State, when signing, ratifying, accepting, approving or acceding to
this Convention, from making declarations or statements, however phrased or
named, with a view, inter alia, to the harmonisation of its laws and regulations
with this Convention, provided that such declarations or statements
do not purport to exclude or to modify the legal effect of this Convention in
its application to that State.

2 The provisions of this Article are without prejudice to the right to make
written declarations in accordance with Article 58.

 

Article 64

Amendment

1 This Convention shall not be subject to amendment until after the expiry of 10
years from the date of its entry into force. Thereafter, any Party may, by
written communication addressed to the Depositary, propose a specific amendment
to this Convention and request the convening of a meeting to consider such
proposed amendment.

2 The Depositary shall circulate such communication to all Parties. If within
12 months of the date of circulation of the communication at least one-third of
the Parties reply favourably to the request, the Depositary shall convene the
meeting.

3 The adoption of an amendment considered at such a meeting shall require the
affirmative votes of two-thirds of the Parties present and voting, including the
concurrent votes of the members of the Commission attending the meeting.

4 The adoption of any amendment relating to the Special Meeting of Parties or to
the Advisory Committee shall require the affirmative votes of three-quarters of
the Parties present and voting, including the concurrent votes of the members of
the Commission attending the meeting.

5 An amendment shall enter into force for those Parties having deposited
instruments of ratification, acceptance or approval thereof 30 days after the
Depositary has received such instruments of ratification, acceptance or approval
from all the members of the Commission.

6 Such amendment shall thereafter enter into force for any other Party 30 days
after the Depositary has received its instrument of ratification, acceptance or
approval thereof.

7 An amendment that has entered into force pursuant to this Article shall be
without prejudice to the provisions of any Management Scheme approved before the
date on which the amendment entered into force.

 

Article 65

Withdrawal

1 Any Party may withdraw from this Convention by giving to the Depositary notice
in writing of its intention to withdraw. Withdrawal shall take effect two years
after the date of receipt of such notice by the Depositary.

2 Any Party which ceases to be a Contracting Party to The Antarctic Treaty shall
be deemed to have withdrawn from this Convention on the date that it ceases to
be a Contracting Party to the Antarctic Treaty.

3 Where an amendment has entered into force pursuant to Article 64(5), any Party
from which no instrument of ratification, acceptance or approval of the
amendment has been received by the Depositary within a period of two years from
the date of the entry into force of the amendment shall be deemed to have
withdrawn from this Convention on the date of the expiration of a further two
year period.

4 Subject to paragraphs 5 and 6 below, the rights and obligations of any
Operator pursuant to this Convention shall cease at the time its Sponsoring
State withdraws or is deemed to have withdrawn from this Convention.

5 Such Sponsoring State shall ensure that the obligations of its Operators have
been discharged no later than the date on which its withdrawal takes effect.

6 Withdrawal from this Convention by any Party shall not affect its financial or
other obligations under this Convention pending on the date withdrawal takes
effect. Any dispute settlement procedure in which that Party is involved and
which has been commenced prior to that date shall continue to its conclusion
unless agreed otherwise by the parties to the dispute.

 

Article 66

Notifications by the Depositary

The Depositary shall notify all Contracting Parties to the Antarctic Treaty of
the following:

(a) signatures of this Convention and the deposit of instruments of
ratification, acceptance, approval or accession;

(b) the deposit of instruments of ratification, acceptance or approval
of any amendment adopted pursuant to Article 64;

(c) the date of entry into force of this Convention and of any amendment
thereto;

(d)the deposit of declarations and notices pursuant to Articles 56 and 58;

(e) notifications pursuant to Article 18; and

(f) the withdrawal of a Party pursuant to Article 65.

 

Article 67

Authentic Texts, Certified Copies and Registration with the United Nations

1 This Convention of which the Chinese, English French, Russian and Spanish
texts are equally authentic shall be deposited with the Government of New
Zealand which shall transmit duly certified copies thereof to all Signatory and
Acceding States.

2 The Depositary shall also transmit duly certified copies to all Signatory and
Acceding States of the text of this Convention in any additional language of a
Signatory or Acceding State which submits such text to the Depositary.

3 This Convention shall be registered by the Depositary pursuant to Article 102
of the Charter of the United Nations .

Done at Wellington this second day of June 1988.

In witness whereof, the undersigned, duly authorised, have signed this
Convention.

 

Author: international

Mentioned in these Entries

Charter of the United Nations, Convention on the Regulation of Antarctic Mineral Resource Activities, The Antarctic Treaty.