Convention on the (INMARSAT) 6

Convention on the (INMARSAT)

Article 30. Suspension and termination

(1) Not less than one year after the Directorate has received written
notice that a Party appears to have failed to comply with any obligation
under this Convention, the Assembly, after considering any
representations made by the Party, may decide, if it finds that the
failure to comply has in fact occurred and that such failure impairs the
effective operation of the Organization, that the membership of the Party
is terminated. This Convention shall cease to be in force for the Party
as from the date of the decision or at such later date as the Assembly
may determine. An extraordinary session of the Assembly may be convened
for this purpose. The termination shall entail the simultaneous
withdrawal of any Signatory designated by the Party or of the Party in
its capacity as Signatory, as the case may be. The Operating Agreement
shall cease to be in force for the Signatory on the date on which this
Convention ceases to be in force for the Party concerned, except with
respect to capital contributions necessary to meet contractual
commitments specifically authorized by the Organization before the
termination and liabilities arising from acts or omissions before the
termination, and except with respect to article 31 of this Convention and
article XVI of the Operating Agreement.

(2) If any Signatory, in its capacity as such, fails to comply with any
obligation under this Convention or the Operating Agreement, other than
obligations under article III(1) of the Operating Agreement and the
failure has not been remedied within three months after the Signatory has
been notified in writing of a resolution of the Council taking note of
the failure to comply, the Council, after considering any representations
made by the Signatory and, if applicable, the Party concerned may suspend
the rights of the Signatory. If, after an additional three months and
after consideration of any representations made by the Signatory and, if
applicable, the Party, the Council finds that the failure to comply has
not been remedied, the Assembly may decide on the recommendation of the
Council that the membership of the Signatory is terminated. Upon the date
of such decision, the termination shall become effective and the
Operating Agreement shall cease to be in force for that Signatory.

(3) If any Signatory fails to pay any amount due from it pursuant to
article III(1) of the Operating Agreement within four months after the
payment has become due, the rights of the Signatory under this Convention
and the Operating Agreement shall be automatically suspended. If within
three months after the suspension the Signatory has not paid all sums due
or the Party which has designated it has not made a substitution pursuant
to article 29(4), the Council, after considering any representations made
by the Signatory or by the Party which has designated it, may decide that
the membership of the Signatory is terminated. From the date of such
decision, the Operating Agreement shall cease to be in force for the
Signatory.

(4) During the period of suspension of the rights of a Signatory pursuant
to paragraphs (2) or (3), the Signatory shall continue to have all the
obligations of a Signatory under this Convention and the Operating
Agreement.

(5) A Signatory shall incur no obligation after termination, except that
it shall be responsible for contributing its share of the capital
contributions necessary to meet contractual commitments specifically
authorized before the termination and liabilities arising from acts or
omissions before the termination, and except with respect to article 31
of this Convention and article XVI of the Operating Agreement.

(6) If the membership of a Signatory is terminated, the Party which
designated it shall, within three months from the date of the termination
and with effect from that date, designate a new Signatory, assume the
capacity of a Signatory in accordance with article 29(4), or withdraw. If
the Party has not acted by the end of that period, it shall be considered
to have withdrawn as from the date of termination, and this Convention
shall cease to be in force for the Party as from that date.

(7) Whenever this Convention has ceased to be in force for a Party,
settlement between the Organization and any Signatory designated by that
Party or that Party in its capacity as Signatory, shall be accomplished
as provided in article XIII of the Operating Agreement.

Article 31. Settlement of Disputes

(1) Disputes arising between Parties, or between Parties and the
Organization relating to rights and obligations under this Convention
should be settled by negotiation between the parties concerned. If within
one year of the time any party has requested settlement, a settlement has
not been reached and if the parties to the dispute have not agreed to
submit it to the International Court of Justice or to some other
procedure for settling disputes, the dispute may, if the parties to the
dispute consent, be submitted to arbitration in accordance with the annex
to this Convention. Any decision of an arbitral tribunal in a dispute
between Parties, or between Parties and the Organization, shall not
prevent or affect a decision of the Assembly pursuant to article 30(1),
that the Convention shall cease to be in force for a Party.

(2) Unless otherwise mutually agreed, disputes arising between the
Organization and one or more Parties under agreements concluded between
them, if not settled by negotiation within one year of the time any party
has requested settlement, shall, at the request of any party to the
dispute, be submitted to arbitration in accordance with the annex to this
Convention.

(3) Disputes arising between one or more Parties and one or more
Signatories in their capacity as such, relating to rights and obligations
under this convention or the Operating Agreement may be submitted to
arbitration in accordance with the annex to this Convention if the Party
or Parties and the Signatory or Signatories involved agree to such
arbitration.

(4) This article shall continue to apply to a Party or Signatory which
ceases to be a Party or Signatory, in respect of disputes relating to
rights and obligations arising from its having been a Party or Signatory.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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