United Nations Convention to Combat Desertification 7

United Nations Convention to Combat Desertification

 

Article 27

Measures to resolve questions on implementation

The Conference of the Parties shall consider and adopt procedures and
institutional mechanisms for the resolution of questions that may arise with
regard to the implementation of the Convention.

Article 28

Settlement of Disputes

1. Parties shall settle any dispute between them concerning the
interpretation or application of the Convention through negotiation or other
peaceful means of their own choice.

2. When ratifying, accepting, approving, or acceding to the
Convention, or at any time 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 Convention, it recognizes one or both of
the following means of dispute settlement as compulsory in relation to any
Party accepting the same obligation:

(a) arbitration in accordance with procedures adopted by the
Conference of the Parties in an annex as soon as practicable;

(b) submission of the dispute to the International Court of Justice .

3. A Party which is a regional economic integration organization may
make a declaration with like effect in relation to arbitration in accordance
with the procedure referred to in paragraph 2 (a).

4. A declaration made pursuant to paragraph 2 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.

5. The expiry of a declaration, a notice of revocation or a new
declaration shall not in any way affect proceedings pending before an arbitral
tribunal or the International Court of Justice unless the Parties to the
dispute otherwise agree.

6. If the Parties to a dispute have not accepted the same or any
procedure pursuant to paragraph 2 and if they have not been able to settle
their dispute within twelve months following notification by one Party to
another that a dispute exists between them, the dispute shall be submitted to
conciliation at the request of any Party to the dispute, in accordance with
procedures adopted by the Conference of the Parties in an annex as soon as
practicable.

Article 29

Status of annexes

1. Annexes form an integral part of the Convention and, unless
expressly provided otherwise, a reference to the Convention also constitutes a
reference to its annexes.

2. The Parties shall interpret the provisions of the annexes in a
manner that is in conformity with their rights and obligations under the
articles of this Convention.

Article 30

Amendments to the Convention

1. Any Party may propose amendments to the Convention.

2. Amendments to the Convention shall be adopted at an ordinary
session of the Conference of the Parties. The text of any proposed amendment
shall be communicated to the Parties by the Permanent Secretariat at least six
months before the meeting at which it is proposed for adoption. The Permanent
Secretariat shall also communicate proposed amendments to the signatories to
the Convention.

3. The Parties shall make every effort to reach agreement on any
proposed amendment to the Convention by consensus. If all efforts at
consensus have been exhausted and no agreement reached, the amendment shall,
as a last resort, be adopted by a two-thirds majority vote of the Parties
present and voting at the meeting. The adopted amendment shall be
communicated by the Permanent Secretariat to the Depositary, who shall
circulate it to all Parties for their ratification, acceptance, approval or
accession.

4. Instruments of ratification, acceptance, approval or accession in
respect of an amendment shall be deposited with the Depositary. An amendment
adopted pursuant to paragraph 3 shall enter into force for those Parties
having accepted it on the ninetieth day after the date of receipt by the
Depositary of an instrument of ratification, acceptance, approval or accession
by at least two thirds of the Parties to the Convention which were Parties at
the time of the adoption of the amendment.

5. The amendment shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits with the Depositary
its instrument of ratification, acceptance or approval of, or accession to the
said amendment.

6. For the purposes of this article and article 31, “Parties present
and voting”means Parties present and casting an affirmative or negative vote.

Article 31

Adoption and amendment of annexes

1. Any additional annex to the Convention and any amendment to an
annex shall be proposed and adopted in accordance with the procedure for
amendment of the Convention set forth in article 30, provided that, in
adopting an additional regional implementation annex or amendment to any
regional implementation annex, the majority provided for in that article shall
include a two-thirds majority vote of the Parties of the region concerned
present and voting. The adoption or amendment of an annex shall be
communicated by the Depositary to all Parties.

2. An annex, other than an additional regional implementation annex,
or an amendment to an annex, other than an amendment to any regional
implementation annex, that has been adopted in accordance with paragraph 1,
shall enter into force for all Parties to the Convention six months after the
date of communication by the Depositary to such Parties of the adoption of
such annex or amendment, except for those Parties that have notified the
Depositary in writing within that period of their non-acceptance of such annex
or amendment. Such annex or amendment shall enter into force for Parties
which withdraw their notification of non-acceptance on the ninetieth day after
the date on which withdrawal of such notification has been received by the
Depositary.

3. An additional regional implementation annex or amendment to any
regional implementation annex that has been adopted in accordance with
paragraph 1, shall enter into force for all Parties to the Convention six
months after the date of the communication by the Depositary to such Parties
of the adoption of such annex or amendment, except with respect to:

(a) any Party that has notified the Depositary in writing, within such
six month period, of its non-acceptance of that additional regional
implementation annex or of the amendment to the regional implementation annex,
in which case such annex or amendment shall enter into force for Parties which
withdraw their notification of non-acceptance on the ninetieth day after the
date on which withdrawal of such notification has been received by the
Depositary; and

(b) any Party that has made a declaration with respect to additional
regional implementation annexes or amendments to regional implementation
annexes in accordance with article 34, paragraph 4, in which case any such
annex or amendment shall enter into force for such a Party on the ninetieth
day after the date of deposit with the Depositary of its instrument of
ratification, acceptance, approval or accession with respect to such annex or
amendment.

4. If the adoption of an annex or an amendment to an annex involves
an amendment to the Convention, that annex or amendment to an annex shall not
enter into force until such time as the amendment to the Convention enters
into force.

Article 32

Right to vote

1. Except as provided for in paragraph 2, each Party to the
Convention shall have one vote.

2. Regional economic integration organizations, in matters within
their competence, shall exercise their right to vote with a number of votes
equal to the number of their member States that are Parties to the Convention.
Such an organization shall not exercise its right to vote if any of its member
States exercises its right, and vice versa.

PART VI

FINAL PROVISIONS

Article 33

Signature

This Convention shall be opened for signature at Paris, on 14-15
October 1994, by States Members of the United Nations or any of its
specialized agencies or that are Parties to the Statute of the International
Court of Justice and by regional economic integration organizations. It shall
remain open for signature, thereafter, at the United Nations Headquarters in
New York until 13 October 1995.

Article 34

Ratification, acceptance, approval and accession

1. The Convention shall be subject to ratification, acceptance,
approval or accession by States and by regional economic integration
organizations. It shall be open for accession from the day after the date on
which the Convention is closed for signature. Instruments of ratification,
acceptance, approval or accession shall be deposited with the Depositary.

2. Any regional economic integration organization which becomes a
Party to the Convention without any of its member States being a Party to the
Convention shall be bound by all the obligations under the Convention. Where
one or more member States of such an organization are also Party to the
Convention, the organization and its member States shall decide on their
respective responsibilities for the performance of their obligations under the
Convention. In such cases, the organization and the member States shall not be
entitled to exercise rights under the Convention concurrently.

3. In their instruments of ratification, acceptance, approval or
accession, regional economic integration organizations shall declare the
extent of their competence with respect to the matters governed by the
Convention. They shall also promptly inform the Depositary, who shall in turn
inform the Parties, of any substantial modification in the extent of their
competence.

4. In its instrument of ratification, acceptance, approval or
accession, any Party may declare that, with respect to it, any additional
regional implementation annex or any amendment to any regional implementation
annex shall enter into force only upon the deposit of its instrument of
ratification, acceptance, approval or accession with respect thereto.

Article 35

Interim arrangements

The secretariat functions referred to in article 23 will be carried out
on an interim basis by the secretariat established by the General Assembly of
the United Nations in its resolution 47/188 of 22 December 1992, until the
completion of the first session of the Conference of the Parties.

Article 36

Entry into force

1. The Convention shall enter into force on the ninetieth day after
the date of deposit of the fiftieth instrument of ratification, acceptance,
approval or accession.

2. For each State or regional economic integration organization
ratifying, accepting, approving or acceding to the Convention after the
deposit of the fiftieth instrument of ratification, acceptance, approval or
accession, the Convention shall enter into force on the ninetieth day after
the date of deposit by such State or regional economic integration
organization of its instrument of ratification, acceptance, approval or
accession.

3. For the purposes of paragraphs 1 and 2, any instrument deposited
by a regional economic integration organization shall not be counted as
additional to those deposited by States members of the organization.

Article 37

Reservations

No reservations may be made to this Convention.

Article 38

Withdrawal

1. At any time after three years from the date on which the
Convention has entered into force for a Party, that Party may withdraw from
the Convention by giving written notification to the Depositary.

2. Any such withdrawal shall take effect upon expiry of one year from
the date of receipt by the Depositary of the notification of withdrawal, or on
such later date as may be specified in the notification of withdrawal.

Article 39

Depositary

The Secretary-General of the United Nations shall be the Depositary of
the Convention.

Article 40

Authentic texts

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

IN WITNESS WHEREOF the undersigned, being duly authorized to that
effect, have signed the present Convention.

DONE AT Paris, this 17th day of June one thousand nine hundred and
ninety-four.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

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