Protocol on Environmental Protection 4

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Protocol on Environmental Protection

 

ARTICLE 20

DISPUTE SETTLEMENT PROCEDURE

1. If the parties to a dispute concerning the interpretation or
application of Articles 7, 8 or 15 or, except to the extent that an Annex
provides otherwise, the provisions of any Annex or, insofar as it relates
to these Articles and provisions, Article 13, have not agreed on a means
for resolving it within 12 months of the request for consultation
pursuant to Article 18, the dispute shall be referred, at the request of
any party to the dispute, for settlement in accordance with the procedure
determined by Article 19 (4) and (5).

2. The Arbitral Tribunal shall not be competent to decide or rule upon
any matter within the scope of Article IV of The Antarctic Treaty . In
addition, nothing in this Protocol shall be interpreted as conferring
competence or jurisdiction on the International Court of Justice or any
other tribunal established for the purpose of settling disputes between
Parties to decide or otherwise rule upon any matter within the scope of
Article IV of The Antarctic Treaty .

ARTICLE 21

SIGNATURE

This Protocol shall be open for signature at Madrid on the 4th of October
1991 and thereafter at Washington until the 3rd of October 1992 by any
State which is a Contracting Party to the Antarctic Treaty.

ARTICLE 22

RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION

1. This Protocol is subject to ratification, acceptance or approval by
signatory States.

2. After the 3rd of October 1992 this Protocol shall be open for
accession by any State which is a Contracting Party to the Antarctic
Treaty.

3. Instruments of ratification, acceptance, approval or accession shall
be deposited with the Government of the United States of America, hereby
designated as the Depositary.

4. After the date on which this Protocol has entered into force, the
Antarctic Treaty Consultative Parties shall not act upon a notification
regarding the entitlement of a Contracting Party to the Antarctic Treaty
to appoint representatives to participate in Antarctic Treaty
Consultative Meetings in accordance with Article IX (2) of the Antarctic
Treaty unless that Contracting Party has first ratified, accepted,
approved or acceded to this Protocol.

ARTICLE 23

ENTRY INTO FORCE

1. This Protocol shall enter into force on the thirtieth day following
the date of deposit of instruments of ratification, acceptance, approval
or accession by all States which are Antarctic Treaty Consultative
Parties at the date on which this Protocol is adopted.

2. For each Contracting Party to the Antarctic Treaty which, subsequent
to the date of entry into force of this Protocol, deposits an instrument
of ratification, acceptance, approval or accession, this Protocol shall
enter into force on the thirtieth day following such deposit.

ARTICLE 24
RESERVATIONS

Reservations to this Protocol shall not be permitted.

ARTICLE 25

MODIFICATION OR AMENDMENT

1. Without prejudice to the provisions of Article 9, this Protocol may
be modified or amended at any time in accordance with the procedures set
forth in Article XII (1) (a) and (b) of the Antarctic Treaty.

2. If, after the expiration of 50 years from the date of entry into
force of this Protocol, any of the Antarctic Treaty Consultative Parties
so requests by a communication addressed to the Depositary, a conference
shall be held as soon as practicable to review the operation of this
Protocol.

3. A modification or amendment proposed at any Review Conference called
pursuant to paragraph 2 above shall be adopted by a majority of the
Parties, including 3/4 of the States which are Antarctic Treaty
Consultative Parties at the time of adoption of this Protocol.

4. A modification or amendment adopted pursuant to paragraph 3 above
shall enter into force upon ratification, acceptance, approval or
accession by 3/4 of the Antarctic Treaty Consultative Parties, including
ratification, acceptance, approval or accession by all States which are
Antarctic Treaty Consultative Parties at the time of adoption of this
Protocol.

5. (a) With respect to Article 7, the prohibition on Antarctic mineral
resource activities contained therein shall continue unless there is in
force a binding legal regime on Antarctic mineral resource activities
that includes an agreed means for determining whether, and, if so, under
which conditions, any such activities would be acceptable. This regime
shall fully safeguard the interests of all States referred to in Article
IV of the Antarctic Treaty and apply the principles thereof. Therefore,
if a modification or amendment to Article 7 is proposed at a Review
Conference referred to in paragraph 2 above, it shall include such a
binding legal regime.

(b) If any such modification or amendment has not entered into force
within 3 years of the date of its adoption, any Party may at any time
thereafter notify to the Depositary of its withdrawal from this Protocol,
and such withdrawal shall take effect 2 years after receipt of the
notification by the Depositary.

ARTICLE 26

NOTIFICATIONS BY THE DEPOSITARY

The Depositary shall notify all Contracting Parties to the Antarctic
Treaty of the following:

(a) signatures of this Protocol and the deposit of instruments of
ratification, acceptance, approval or accession;

(b) the date of entry into force of this Protocol and any
additional Annex thereto;

(c) the date of entry into force of any amendment or modification
to this Protocol;

(d) the deposit of declarations and notices pursuant to Article 19;
and

(e) any notification received pursuant to Article 25 (5) (b).

ARTICLE 27

AUTHENTIC TEXTS AND REGISTRATION WITH THE UNITED NATIONS

1. This Protocol, done in the English, French, Russian and Spanish
languages, each version being equally authentic, shall be deposited in
the archives of the Government of the United States of America, which
shall transmit duly certified copies thereof to all Contracting Parties
to the Antarctic Treaty.

2. This Protocol shall be registered by the Depositary pursuant to
Article 102 of the Charter of the United Nations .

SCHEDULE TO THE PROTOCOL

ARBITRATION

Article 1

1. The Arbitral Tribunal shall be constituted and shall function in
accordance with the Protocol, including this Schedule.

2. The Secretary referred to in this Schedule is the Secretary General
of the Permanent Court of Arbitration .

Article 2

1. Each Party shall be entitled to designate up to three Arbitrators, at
least one of whom shall be designated within three months of the entry
into force of the Protocol for that Party. Each Arbitrator shall be
experienced in Antarctic affairs, have thorough knowledge of
international law and enjoy the highest reputation for fairness,
competence and integrity. The names of the persons so designated shall
constitute the list of Arbitrators. Each Party shall at all times
maintain the name of at least one Arbitrator on the list.

2. Subject to paragraph 3 below, an Arbitrator designated by a Party
shall remain on the list for a period of five years and shall be eligible
for redesignation by that Party for additional five year periods.

3. A Party which designated an Arbitrator may withdraw the name of that
Arbitrator from the list. If an Arbitrator dies or if a Party for any
reason withdraws from the list the name of an Arbitrator designated by
it, the Party which designated the Arbitrator in question shall notify
the Secretary promptly.An Arbitrator whose name is withdrawn from the
list shall continue to serve on any Arbitral Tribunal to which that
Arbitrator has been appointed until the completion of proceedings before
the Arbitral Tribunal.

4. The Secretary shall ensure that an up-to-date list is maintained of
the Arbitrators designated pursuant to this Article.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Charter of the United Nations, International Court of Justice, Permanent Court of Arbitration, Protocol on Environmental Protection, The Antarctic Treaty.

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