Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants

Article 11
Compliance

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.

Article 12
Settlement of Disputes

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.

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:

(a) Submission of the dispute to the International Court of
Justice;

(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.

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.

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.

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.

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.

Article 13
Annexes

The annexes to the present Protocol shall form an integral part
of the Protocol. Annexes V and VII are recommendatory in
character.

Article 14
Amendments

1. Any Party may propose amendments to the present Protocol.

2. Proposed amendments shall be submitted in writing to the Executive
Secretary of the Commission, who shall communicate them to all
Parties. The Parties meeting within the Executive Body shall discuss
the proposed amendments At its next session, provided that the
proposals have been circulated by the Executive Secretary to the
Parties at least ninety days in advance.

3. Amendments to the present Protocol and to annexes I to IV, VI
and VIII shall be adopted by consensus of the Parties present at
a session of the Executive Body, and shall enter into force for
the Parties which have accepted them on the ninetieth day after the
date on which two thirds of the Parties have deposited with
the Depositary their instruments of acceptance thereof. Amendments
shall enter into force for any other Party on the ninetieth day
after the date on which that Party has deposited its instrument
of acceptance thereof.

4. Amendments to annexes V and VII shall be adopted by consensus of
the Parties present at a session of the Executive Body. On the expiry
of ninety days from the date of its communication to all Parties by
the Executive Secretary of the Commission, an amendment to any
such annex shall become effective for those Parties which have
not submitted to the Depositary a notification in accordance with
the provisions of paragraph 5 below, provided that at least
sixteen Parties have not submitted such a notification.

5. Any Party that is unable to approve an amendment to annex V or
VII shall so notify the Depositary in writing within ninety days
from the date of the communication of its adoption. The Depositary
shall without delay notify all Parties of any such
notification received. A Party may at any time substitute an
acceptance for its previous notification and, upon deposit of
an instrument of acceptance with the Depositary, the amendment to
such an annex shall become effective for that Party.

6. In the case of a proposal to amend annex I, II, or III by adding
a substance to the present Protocol:

(a) The proposer shall provide the Executive Body with
the information specified in Executive Body decision 1998/2,
including any amendments thereto; and

(b) The Parties shall evaluate the proposal in accordance with
the procedures set forth in Executive Body decision 1998/2,
including any amendments thereto.

7. Any decision to amend Executive Body decision 1998/2 shall be
taken by consensus of the Parties meeting within the Executive Body
and shall take effect sixty days after the date of adoption.

Article 15
Signature

1. The present Protocol shall be open for signature at Aarhus
(Denmark) from 24 to 25 June 1998, then at United Nations
Headquarters in New York until 21 December 1998, by States members
of the Commission as well as States having consultative status with
the Commission pursuant to paragraph 8 of Economic and Social
Council resolution 36 (IV) of 28 March 1947, and by regional
economic integration organizations, constituted by sovereign
States members of the Commission, which have competence in respect
of the negotiation, conclusion and
application of international agreements in matters covered by
the Protocol, provided that the States and organizations concerned
are Parties to the Convention.

2. In matters within their competence, such regional
economic integration organizations shall, on their own behalf,
exercise the rights and fulfil the responsibilities which the
present Protocol attributes to their member States. In such cases,
the member States of these organizations shall not be
entitled to exercise such rights individually.

Article 16
Ratification, Acceptance, Approval and Accession

1. The present Protocol shall be subject to ratification, acceptance
or approval by Signatories.

2. The present Protocol shall be open for accession as from 21
December 1998 by the States and organizations that meet the
requirements of article 15, paragraph 1.

Article 17
Despositary

The instruments of ratification, acceptance, approval or
accession shall be deposited with the Secretary-General of the
United Nations, who will perform the functions of
Depositary.

Article 18
Entry Into Force

1. The present Protocol shall enter into force on the ninetieth
day following the date on which the sixteenth instrument
of ratification, acceptance, approval or accession has been
deposited with the Depositary.

2. For each State and organization referred to in article 15,
paragraph 1, which ratifies, accepts or approves the present Protocol
or accedes thereto after the deposit of the sixteenth instrument
of ratification, acceptance, approval or accession, the Protocol
shall enter into force on the ninetieth day following the date
of deposit by such Party of its instrument of ratification,
acceptance, approval or accession.

Article 19
Withdrawal

At any time after five years from the date on which the
present Protocol has come into force with respect to a Party, that
Party may withdraw from it by giving written notification to
the Depositary. Any such withdrawal shall take effect on the
ninetieth day following the date of its receipt by the Depositary, or
on such later date as may be specified in the notification of
the withdrawal.

Article 20
Authentic Texts

The original of the present Protocol, of which the English,
French and Russian texts are equally authentic, shall be deposited
with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized
thereto, have signed the present Protocol.

Done at Arhus (Denmark), this twenty-fourth day of June, one
thousand nine hundred and ninety-eight.

Author: international

Mentioned in these Entries

International Court of Justice, Settlement of Disputes.