Convention on the Conservation of European Wildlife and Natural Habitats 3

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Contents

Convention on the Conservation of European Wildlife and Natural Habitats

 

Chapter VIII. Settlement of Disputes

Article 18

1. The Standing Committee shall use its best endeavours to facilitate a
friendly settlement of any difficulty to which the execution of this
Convention may give rise.

2. Any dispute between Contracting Parties concerning the interpretation
or application of this Convention which has not been settled on the basis
of the provisions of the preceding paragraph or by negotiation between
the parties concerned shall, unless the said parties agree otherwise, be
submitted, at the request of one of them, to arbitration. Each party
shall designate an arbitrator and the two arbitrators shall designate a
third arbitrator. Subject to the provisions of paragraph 3 of this
Article, if one of the parties has not designated its arbitrator within
the three months following the request for arbitration, he shall be
designated at the request of the other party by the President of the
European Court of Human Rights within a further three months period. The
same procedure shall be observed if the arbitrators cannot agree on the
choice of the third arbitrator within the three months following the
designation of the two first arbitrators.

3. In the event of a dispute between two Contracting Parties one of which
is a member State of the European Economic Community, the latter itself
being a Contracting Party, the other Contracting Party shall address the
request for arbitration both to the member State and to the Community,
which jointly, shall notify it, within two months of receipt of the
request, whether the member State or the Community, or the member and the
Community jointly, shall be party to the dispute. In the absence of such
notification within the said time limit, the member State and the
Community shall be considered as being one and the same party to the
dispute for the purposes of the application of the provisions governing
the constitution and procedure of the arbitration tribunal. The same
shall apply when the member State and the Community jointly present
themselves as party to the dispute.

4. The arbitration tribunal shall draw up its own Rule of Procedure. Its
decisions shall be taken by majority vote. Its award shall be final and
binding.

5. Each party to the dispute shall bear the expenses of the arbitrator
designated by it and the parties shall share equally the expenses of the
third arbitrator, as well as other costs entailed by the arbitration.

Chapter IX. Final Provisions

Article 19

1. This Convention shall be open for signature by the member States of
the Council of Europe and non-member States which have participated in
its elaboration and by the European Economic Community.

Up until the date when the Convention enters into force, it shall also be
open for signature by any other State so invited by the Committee of
Ministers.

The Convention is subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited
with the Secretary General of the Council of Europe.

2. The Convention shall enter into force on the first day of the month
following the expiry of a period of three months after the date on which
five States, including at least four member States of the Council of
Europe, have expressed their consent to be bound by the Convention in
accordance with the provisions of the preceding paragraph.

3. In respect of any signatory State or the European Economic Community
which subsequently express their consent to be bound by it, the
Convention shall enter into force on the first day of the month following
the expiry of a period of three months after the date of the deposit of
the instrument of ratification, acceptance or approval.

Article 20

1. After the entry into force of this Convention, the Committee of
Ministers of the Council of Europe, after consulting the Contracting
Parties, may invite to accede to the Convention any non-member State of
the Council which, invited to sign in accordance with the provisions of
Article 19, has not yet done so, and any other nonmember State.

2. In respect of any acceding State, the Convention shall enter into
force on the first day of the month following the expiry of a period of
three months after the date of the deposit of the instrument of accession
with the Secretary General of the Council of Europe.

Article 21

1. Any State may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, specify
the territory or territories to which this Convention shall apply.

2. Any Contracting Party may, when depositing its instrument of
ratification, acceptance, approval or accession or at any later date, by
declaration addressed to the Secretary General of the Council of Europe,
extend the application of this Convention to any other territory
specified in the declaration and for whose international relations it is
responsible or on whose behalf it is authorized to give undertakings.

3. Any declaration made under the preceding paragraph may, in respect of
any territory mentioned in such declaration, be withdrawn by notification
addressed to the Secretary General. Such withdrawal shall become
effective on the first day of the month following the expiry of a period
of six months after the date of receipt of the notification by the
Secretary General.

Article 22

1. Any State may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, make one
or more reservations regarding certain species specified in Appendices I
to III and/or, for certain species mentioned in the reservation or
reservations, regarding certain means or methods of killing, capture and
other exploitation listed in Appendix IV. No reservations of a general
nature may be made.

2. Any Contracting Party which extends the application of this Convention
to a territory mentioned in the declaration referred to in paragraph 2 of
Article 21 may, in respect of the territory concerned, make one or more
reservations in accordance with the provisions of the preceding
paragraph.

3. No other reservation may be made.

4. Any Contracting Party which has made a reservation under paragraph 1
and 2 of this Article may wholly or partly withdraw it by means of a
notification addressed to the Secretary General or the Council of Europe.
Such withdrawal shall take effect as from the date of receipt of the
notification by the Secretary General.

Article 23

1. Any Contracting Party may, at any time, denounce this Convention by
means of a notification addressed to the Secretary General of the Council
of Europe.

2. Such denunciation shall become effective on the first day of the month
following the expiry of a period of six months after the date of receipt
of the notification by the Secretary General.

Article 24

The Secretary General of the Council of Europe shall notify the member
States of the Council of Europe, any signatory State, the European
Economic Community if a signatory of this Convention and any Contracting
Party of:

a) Any signature;

b) The deposit of any instrument of ratification, acceptance, approval
or accession;

c) Any date of entry into force of this Convention in accordance with
Articles 19 and 20;

d) Any information forwarded under th~ paragraph 3 of Article 13;

e) Any report established in pursuance of the provisions of Article
15;

f) Any amendment or any new Appendix adopted in accordance with
Articles 16 and 17 and the date on which the amendment or new
Appendix comes into force;

g) Any declaration made under the provisions of paragraphs 2 and 3 of
Article 21;

h) Any reservation made under the provisions of paragraphs 1 and 2 of
Article 22;

i) The withdrawal of any reservation carried out under the provisions
of paragraph 4 of Article 22;

j) Any notification made under the provisions of Article 23 and the
date on which the denunciation takes effect.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have
signed this Convention.

DONE at Bern, this 19th day of September 1979, in English and French,
both texts being equally authentic, in a single copy which shall be
deposited in the archives of the Council of Europe. The Secretary General
of the Council of Europe shall transmit certified copies to each member
State of the Council of Europe, to any signatory State, to the European
Economic Community if a signatory and to any State invited to sign this
Convention or to accede thereto.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Settlement of Disputes.

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