Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

 

PART XIII
FINAL PROVISIONS

Article 37
Signature

This Agreement shall be open for signature by all States and the other
entities referred to in article 1, paragraph 2(b), and shall remain open for
signature at United Nations Headquarters for twelve months from the fourth of
December 1995.

Article 38
Ratification

This Agreement is subject to ratification by States and the other entities
referred to in article 1, paragraph 2(b). The instruments of ratification shall
be deposited with the Secretary-General of the United Nations.

Article 39
Accession

This Agreement shall remain open for accession by States and the other
entities referred to in article 1, paragraph 2(b). The instruments of accession
shall be deposited with the Secretary-General of the United Nations.

Article 40
Entry into force

1. This Agreement shall enter into force 30 days after the date of deposit of
the thirtieth instrument of ratification or accession.

2. For each State or entity which ratifies the Agreement or accedes thereto
after the deposit of the thirtieth instrument of ratification or accession,
this Agreement shall enter into force on the thirtieth day following the deposit
of its instrument of ratification or accession.

Article 41
Provisional application

1. This Agreement shall be applied provisionally by a State or entity which
consents to its provisional application by so notifying the depositary in
writing. Such provisional application shall become effective from the date of
receipt of the notification.

2. Provisional application by a State or entity shall terminate upon the entry
into force of this Agreement for that State or entity or upon notification by
that State or entity to the depositary in writing of its intention to terminate
provisional application.

Article 42
Reservations and exceptions

No reservations or exceptions may be made to this Agreement.

Article 43
Declarations and statements

Article 42 does not preclude a State or entity, when signing, ratifying or
acceding to this Agreement, from making declarations or statements, however
phrased or named, with a view, inter alia, to the harmonization of its laws and
regulations with the provisions of this Agreement, provided that such
declarations or statements do not purport to exclude or to modify the legal
effect of the provisions of this Agreement in their application to that State or
entity.

Article 44
Relation to other agreements

1. This Agreement shall not alter the rights and obligations of States Parties
which arise from other agreements compatible with this Agreement and which do
not affect the enjoyment by other States Parties of their rights or the
performance of their obligations under this Agreement.

2. Two or more States Parties may conclude agreements modifying or suspending
the operation of provisions of this Agreement, applicable solely to the
relations between them, provided that such agreements do not relate to a
provision derogation from which is incompatible with the effective execution of
the object and purpose of this Agreement, and provided further that such
agreements shall not affect the application of the basic principles embodied
herein, and that the provisions of such agreements do not affect the enjoyment
by other States Parties of their rights or the performance of their obligations
under this Agreement.

3. States Parties intending to conclude an agreement referred to in paragraph
2 shall notify the other States Parties through the depositary of this Agreement
of their intention to conclude the agreement and of the modification or
suspension for which it provides.

Article 45
Amendment

1. A State Party may, by written communication addressed to the
Secretary-General of the United Nations, propose amendments to this Agreement
and request the convening of a conference to consider such proposed amendments.
The Secretary-General shall circulate such communication to all States Parties.
If, within six months from the date of the circulation of the communication, not
less than one half of the States Parties reply favourably to the request, the
Secretary-General shall convene the conference.

2. The decision-making procedure applicable at the amendment conference convened
pursuant to paragraph 1 shall be the same as that applicable at the United
Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks ,
unless otherwise decided by the conference. The conference should make every
effort to reach agreement on any amendments by way of consensus and there should
be no voting on them until all efforts at consensus have been exhausted.

3. Once adopted, amendments to this Agreement shall be open for signature by
States Parties for twelve months from the date of adoption at United Nations
Headquarters, unless otherwise provided in the amendment itself.

4. Articles 38, 39, 47 and 50 apply to all amendments to this Agreement.

5. Amendments to this Agreement shall enter into force for the States Parties
ratifying or acceding to them on the thirtieth day following the deposit of
instruments of ratification or accession by two thirds of the States Parties.
Thereafter, for each State Party ratifying or acceding to an amendment after the
deposit of the required number of such instruments, the amendment shall enter
into force on the thirtieth day following the deposit of its instrument of
ratification or accession.

6. An amendment may provide that a smaller or a larger number of ratifications
or accessions shall be required for its entry into force than are required by
this article.

7. A State which becomes a Party to this Agreement after the entry into force of
amendments in accordance with paragraph 5 shall, failing an expression of a
different intention by that State:

(a) be considered as a Party to this Agreement as so amended; and

(b) be considered as a Party to the unamended Agreement in relation to any
State Party not bound by the amendment.

Article 46
Denunciation

1. A State Party may, by written notification addressed to theSecretary-General of the United Nations, denounce this Agreement and may
indicate its reasons. Failure to indicate reasons shall not affect the validity
of the denunciation. The denunciation shall take effect one year after the date
of receipt of the notification, unless the notification specifies a later date.

2. The denunciation shall not in any way affect the duty of any State Party to
fulfil any obligation embodied in this Agreement to which it would be subject
under international law independently of this Agreement.

Article 47
Participation by International Organizations

1. In cases where an international organization referred to in Annex IX, article
1, of the Convention does not have competence over all the matters governed by
this Agreement, Annex IX to the Convention shall apply mutatis mutandis to
participation by such international organization in this Agreement, except that
the following provisions of that Annex shall not apply:

(a) article 2, first sentence; and

(b) article 3, paragraph 1.

2. In cases where an international organization referred to in Annex IX, article
1, of the Convention has competence over all the matters governed by this
Agreement, the following provisions shall apply to participation by such
international organization in this Agreement:

(a) at the time of signature or accession, such international organization
shall make a declaration stating:

(i) that it has competence over all the matters governed by this Agreement;

(ii) that, for this reason, its member States shall not become States Parties,
except in respect of their territories for which the international organization
has no responsibility; and

(iii) that it accepts the rights and obligations of States under this Agreement;

(b) participation of such an international organization shall in no case
confer any rights under this Agreement on member States of the international
organization;

(c) in the event of a conflict between the obligations of an international
organization under this Agreement and its obligations under the agreement
establishing the international organization or any acts relating to it, the
obligations under this Agreement shall prevail.

Article 48
Annexes

1. The Annexes form an integral part of this Agreement and, unless expressly
provided otherwise, a reference to this Agreement or to one of its Parts
includes a reference to the Annexes relating thereto.
2. The Annexes may be revised from time to time by States Parties. Such
revisions shall be based on scientific and technical considerations.
Notwithstanding the provisions of article 45, if a revision to an Annex is
adopted by consensus at a meeting of States Parties, it shall be incorporated in
this Agreement and shall take effect from the date of its adoption or from such
other date as may be specified in the revision. If a revision to an Annex is not
adopted by consensus at such a meeting, the amendment procedures set out in
article.45 shall apply.

Article 49
Depositary

The Secretary-General of the United Nations shall be the depositary of this
Agreement and any amendments or revisions thereto.

Article 50
Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of this
Agreement are equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized
thereto, have signed this Agreement.

OPENED FOR SIGNATURE at New York, this fourth day of December, one thousand nine
hundred and ninety-five, in a single original, in the Arabic, Chinese, English,
French, Russian and Spanish languages.

Author: international

Mentioned in these Entries

Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, International Organizations.