Vienna Convention for the Protection of the Ozone Layer

 

Article 11

Settlement of Disputes

1. In the event of a dispute between Parties concerning the interpretation
or application of this Convention, the parties concerned shall seek
solution by negotiation.

2. If the parties concerned cannot reach agreement by negotiation, they may
jointly seek the good offices of, or request mediation by, a third party.

3. When ratifying, accepting, approving or acceding to this Convention, or
at any time thereafter, a State or regional economic integration
organization may declare in writing to the Depositary that for a dispute
not resolved in accordance with paragraph 1 or paragraph 2 above, it
accepts one or both of the following means of dispute settlement as
compulsory:

(a) Arbitration in accordance with procedures to be adopted by the
Conference of the Parties at its first ordinary meeting;
(b) Submission of the dispute to the International Court of Justice.

4. If the parties have not, in accordance with paragraph 3 above, accepted
the same or any procedure, the dispute shall be submitted to conciliation
in accordance with paragraph 5 below unless the parties otherwise agree.

5. A conciliation commission shall be created upon the request of one of
the parties to the dispute. The commission shall be composed of an equal
number of members appointed by each party concerned and a chairman chosen
jointly by the members appointed by each party. The commission shall render
a final and recommendatory award, which the parties shall consider in good
faith.

6. The provisions of this article shall apply with respect to any protocol
except as otherwise provided in the protocol concerned.

Article 12

Signature

This Convention shall be open for signature at the Federal Ministry for
Foreign Affairs of the Republic of Austria in Vienna from 22 March 1985 to
21 September 1985, and at United Nations Headquarters in New York from 22
September 1985 to 21 March 1986.

Article 13

Ratification, Acceptance or Approval

1. This Convention and any protocol shalt be subject to ratification,
acceptance or approval by States and by regional economic integration
organizations. Instruments of ratification, acceptance or approval shall be
deposited with the Depositary.

2. Any organization referred to in paragraph 1 above which becomes a Party
to this Convention or any protocol without any of its member States being a
Party shall be bound by all the obligations under the Convention or the
protocol as the case may be. In the case of such organizations, one or more
of whose member States is a Party to the Convention or relevant protocol,
the organization and its member Stales shall decide on their respective
responsibilities for the performance of their obligation under the
Convention or protocol, as the case may be. In such cases, the organization
and the member States shall not be entitled to exercise rights under the
Convention or relevant protocol concurrently.

3. In their instruments of ratification, acceptance or approval, the
organizations referred to in paragraph 1 above shall declare the extent of
their competence with respect to the matters governed by the Convention or
the relevant protocol. These organizations shall also inform the Depositary
of any substantial modification in the extent of their competence.

Article 14

Accession

1. This Convention and any protocol shall be open for accession by States
and by regional economic integration organizations from the date on which
the Convention or the protocol concerned is closed for signature. The
instruments of accession shall be deposited with the Depositary.

2. In their instruments of accession, the organizations referred to in
paragraph 1 above shall declare the extent of their competence with respect
to the matters governed by the Convention or the relevant protocol. These
organizations shall also inform the Depositary of any substantial
modification in the extent of their competence.

3. The provisions of article 13, paragraph 2, shall apply to regional
economic integration organizations which accede to this Convention or any
protocol.

Article 15

Right to Vote

1. Each Party to this Convention or to any protocol shall have one vote.

2. Except as provided for in paragraph 1 above, 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 which are Parties to the Convention or the relevant
protocol. Such organizations shall be exercise their right to vote if their
member States exercise theirs, and vice versa.

Article 16

Relationship Between the Convention and its Protocols

1. A State or a regional economic integration organization may not become a
party to a protocol unless it is, or becomes at the same time, a Party to
the Convention.

2. Decisions concerning any protocol shall be taken only by the parties to
the protocol concerned.

Article 17

Entry into Force

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

2. Any protocol, except as otherwise provided in such protocol, shall enter
into force on the ninetieth day after the date of deposit of the eleventh
instrument of ratification, acceptance or approval of such protocol or
accession thereto.

3. For each Party which ratifies, accepts or approves this Convention or
accedes thereto after the deposit of the twentieth instrument of
ratification, acceptance, approval or accession, it shall enter into force
on the ninetieth day after the date of deposit by such Party of its
instrument of ratification, acceptance, approval or accession.

4. Any protocol, except as otherwise provided in such protocol, shall enter
into force for a party that ratifies, accepts or approves that protocol or
accedes thereto after its entry into force pursuant to paragraph 2 above,
on the ninetieth day after the date on which that party deposits its
instrument of ratification, acceptance, approval or accession, or on the
date on which the Convention enters into force for that Party, whichever
shall be the later.

5. For the purposes of paragraphs 1 and 2 above, any instrument deposited
by a regional economic integration organization shall not be counted as
additional to those deposited by member Sacs of such organization.

Article 18

Reservations

No reservations may be made to this Convention.

Author: international