Convention for the Protection of the Marine Environment of the North East Atlantic 4

International Legal Research

Information about Convention for the Protection of the Marine Environment of the North East Atlantic 4 in free legal resources:

Treaties & Agreements

International Organizations

Jurisprudence $ Commentary

European Union

  • Convention for the Protection of the Marine Environment of the North East Atlantic 4 in EU legal acts.
  • Convention for the Protection of the Marine Environment of the North East Atlantic 4 in EU consolidated texts.

IP Law

  • Convention for the Protection of the Marine Environment of the North East Atlantic 4 in IP national laws.
  • Convention for the Protection of the Marine Environment of the North East Atlantic 4 in IP treaties.

Convention for the Protection of the Marine Environment of the North East Atlantic

 

ARTICLE 25
SIGNATURE

The Convention shall be open for signature at Paris from 22nd September
1992 to 30th June 1993 by:

(a) the Contracting Parties to the Oslo Convention or the Paris Convention;

(b) any other coastal State bordering the maritime area;

(c) any State located upstream on watercourses reaching the maritime
area;

(d) any regional economic integration organisation having as a member at
least one State to which any of the subparagraphs (a) to (c) of this
Article applies.

ARTICLE 26
RATIFICATION, ACCEPTANCE OR APPROVAL

The Convention shall be subject to ratification, acceptance or approval.
The instruments of ratification, acceptance or approval shall be deposited
with the Government of the French Republic.

ARTICLE 27
ACCESSIONS

1. After 30th June 1993, the Convention shall be open for accession by the
States and regional economic integration organisations referred to in
Article 25.

2. The Contracting Parties may unanimously invite States or regional
economic integration organisations not referred to in Article 25 to accede
to the Convention. In the case of such an accession, the definition of the
maritime area shall, if necessary, be amended by a decision of the
Commission adopted by unanimous vote of the Contracting Parties. Any such
amendment shall enter into force after unanimous approval of all the
Contracting Parties on the thirtieth day after the receipt of the last
notification by the Depositary Government.

3. Any such accession shall relate to the Convention including any Annex
and any Appendix that have been adopted at the date of such accession,
except when the instrument of accession contains an express declaration of
non-acceptance of one or several Annexes other than Annexes I, II, III and
IV.

4. The instruments of accession shall be deposited with the Government of
the French Republic.

ARTICLE 28
RESERVATIONS

No reservation to the Convention may be made.

ARTICLE 29
ENTRY INTO FORCE

1. The Convention shall enter into force on the thirtieth day following the
date on which all Contracting Parties to the Oslo Convention and all
Contracting Parties to the Paris Convention have deposited their instrument
of ratification, acceptance, approval or accession.

2. For any State or regional economic integration organisation not referred
to in paragraph 1 of this Article, the Convention shall enter into force in
accordance with paragraph 1 of this Article, or on the thirtieth day
following the date of the deposit of the instrument of ratification,
acceptance, approval or accession by that State or regional economic
integration organisations, whichever is later.

ARTICLE 30
WITHDRAWAL

1. At any time after the expiry of two years from the date of entry into
force of the Convention for a Contracting Party, that Contracting Party may
withdraw from the Convention by notification in writing to the Depositary
Government.

2. Except as may be otherwise provided in an Annex other than Annexes I to
IV to the Convention, any Contracting Party may at any time after the
expiry of two years from the date of entry into force of such Annex for
that Contracting Party withdraw from such Annex by notification in writing
to the Depositary Government.

3. Any withdrawal referred to in paragraphs 1 and 2 of this Article shall
take effect one year after the date on which the notification of that
withdrawal is received by the Depositary Government.

ARTICLE 31
REPLACEMENT OF THE OSLO AND PARIS CONVENTIONS

1. Upon its entry into force, the Convention shall replace the Oslo and
Paris Conventions as between the Contracting Parties.

2. Notwithstanding paragraph 1 of this Article, decisions, recommendations
and all other agreements adopted under the Oslo Convention or the Paris
Convention shall continue to be applicable, unaltered in their legal
nature, to the extent that they are compatible with, or not explicitly
terminated by, the Convention, any decisions or, in the case of existing
recommendations, any recommendations adopted thereunder.

ARTICLE 32
Settlement of Disputes

1. Any disputes between Contracting Parties relating to the interpretation
or application of the Convention, which cannot be settled otherwise by the
Contracting Parties concerned, for instance by means of inquiry or
conciliation within the Commission, shall at the request of any of those
Contracting Parties, be submitted to arbitration under the conditions laid
down in this Article.

2. Unless the parties to the dispute decide otherwise, the procedure of the
arbitration referred to in paragraph 1 of this Article shall be in
accordance with paragraphs 3 to 10 of this Article.

3.(a)At the request addressed by one Contracting Party to another
Contracting Party in accordance with paragraph 1 of this Article, an
arbitral tribunal shall be constituted. The request for arbitration
shall state the subject matter of the application including in
particular the Articles of the Convention, the interpretation or
application of which is in dispute.

(b) The applicant party shall inform the Commission that it has requested
the setting up of an arbitral tribunal, stating the name of the other
party to the dispute and the Articles of the Convention the
interpretation or application of which, in its opinion, is in
dispute. The Commission shall forward the information thus received
to all Contracting Parties to the Convention.

4. The arbitral tribunal shall consist of three members: each of the
parties to the dispute shall appoint an arbitrator; the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the parties to the dispute, nor have his usual place of residence
in the territory of one of these parties, nor be employed by any of them,
nor have dealt with the case in any other capacity.

5.(a)If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
President of the International Court of Justice shall, at the request
of either party, designate him within a further two months’ period.

(b) If one of the parties to the dispute does not appoint an arbitrator
within two months of receipt of the request, the other party may
inform the President of the International Court of Justice who shall
designate the chairman of the arbitral tribunal within a further two
months’ period. Upon designation, the chairman of the arbitral
tribunal shall request the party which has not appointed an
arbitrator to do so within two months. After such period, he shall
inform the President of the International Court of Justice who shall
make this appointment within a further two months’ period.

6.(a)The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of the Convention.

(b) Any arbitral tribunal constituted under the provisions of this
Article shall draw up its own rules of procedure.

(c) In the event of a dispute as to whether the arbitral tribunal has
jurisdiction, the matter shall be decided by the decision of the
arbitral tribunal.

7.(a)The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority voting of its members.

(b) The arbitral tribunal may take all appropriate measures in order to
establish the facts. It may, at the request of one of the parties,
recommend essential interim measures of protection.

(c) If two or more arbitral tribunals constituted under the provisions of
this Article are seized of requests with identical or similar
subjects, they may inform themselves of the procedures for
establishing the facts and take them into account as far as possible.

(d) The parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.

(e) The absence or default of a party to the dispute shall not constitute
an impediment to the proceedings.

8. Unless the arbitral tribunal determines otherwise because of the
particular circumstances of the case, the expenses of the tribunal,
including the remuneration of its members, shall be borne by the parties to
the dispute in equal shares. The tribunal shall keep a record of all its
expenses, and shall furnish a final statement thereof to the parties.

9. Any Contracting Party that has an interest of a legal nature in the
subject matter of the dispute which may be affected by the decision in the
case, may intervene in the proceedings with the consent of the tribunal.

10.(a) The award of the arbitral tribunal shall be accompanied by a
statement of reasons. It shall be final and binding upon the
parties to the dispute.

(b) Any dispute which may arise between the parties concerning the
interpretation or execution of the award may be submitted by either
party to the arbitral tribunal which made the award or, if the latter
cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International Court of Justice, Settlement of Disputes.

Leave a Comment