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PART VI. Final provisions

 

Article 43

Signature, ratification, acceptance, approval and accession

1. This Convention shall be open to all States for signature [ ………] at United Nations Headquarters in New York until […………..].

2. This Convention shall also be open for signature by intergovernmental organizations, provided that at least one member State of such organization has signed this Convention in accordance with paragraph 1 of this article.

3. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. An inter-governmental organization may deposit its instrument of ratification, acceptance or approval if at least one of its Member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

4. This Convention is open for accession by any State or any international organization of which at least one Member State is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, an international organization shall declare the extent of its competence with respect to matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

 

Article 44

Consent to be bound

1. The present Convention shall be subject to ratification or accession by signatory States and to formal confirmation by signatory inter-governmental organizations. It shall be open to accession by any State or inter-governmental organization which has not signed the Convention.

2. Private military and security companies and their professional associations as well as other non-State actors can communicate their support to this Convention.

 

Article 45

Inter-governmental organizations[11]

1.“Inter-governmental organization" shall mean an organization being based on a formal instrument of agreement between the governments of nation states, including three or more nation states as parties to the agreement and possessing a permanent secretariat performing ongoing tasks. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by the present Convention. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence.

2. References to "States Parties" in the present Convention shall apply to such organizations within the limits of their competence.

3. Inter-governmental organizations, in matters within their competence, may exercise their right to vote in the Meeting of States Parties.



 

Article 46

Entry into force

1. This Convention shall enter into force on the […………………] day after the date of deposit to the UN Secretary General of the [………………] instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by an intergovernmental organization shall not be counted as additional to those deposited by member States of such organization.

2. For each State or intergovernmental organization ratifying, accepting, approving or acceding to this Convention after the deposit of the [……………….] instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument.

 

Article 47

Amendment

1. After the expiry of three years from the entry into force of this Convention, a State Party may propose an amendment which shall be filed with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties present and voting at the meeting of the Conference of the Parties.

2. Regional international organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise their right to vote and vice versa.

3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.

4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.

5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Convention and any earlier amendments that they have ratified, accepted or approved.

 

 


[1] The International Law Commission , Articles on State Responsibility, reprinted in The International Law Commission’s articles on State Responsibility: Introduction, Text and Commentaries, at 61 (James

Crawford ed., Cambridge Univ. Press 2002) (2001); The ILC Articles (and other State responsibility documents) are available online at www.stateresponsibility.com

[2] The definitions of Contracting, Territorial and Tome State have been taken from the Montreux Document.

[3] Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990, U.N. Doc. A/CONF.144/28/Rev.1 at 112 (1990)).

 

[4] See Appendix for private-sector Codes of Conduct and applicable United Nations Rules, including the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990, U.N. Doc. A/CONF.144/28/Rev.1 at 112 (1990)).

[5] “Human Rights Translated, a business, reference guide”, page XII, Castan Center for Human Rights Law Monash University, International Business Leaders Forum, OHCHR, Global Compact Office. See also the optional Protocol to the CRC on the involvement of children in armed conflicts, article 4 states direct obligations to armed groups. See also HRC/RES/8/7 on the mandate of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises.

[6] E/CN.4/Sub.2/2003/38/Rev.2, Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights.

[7] Similar to what was agreed for the Committee set up by the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, see article 72(b)

[8] Same as in the Convention on the Rights of Persons with Disabilities, see article 35

[9] Language adapted from article 20 of the Convention Against Torture.

[10] Cf ICCPR, Article 41 (1)(d)

[11] Language inspired from the Convention on the Rights of Persons with Disabilities, article 44.


Date: 2015-02-03; view: 1101


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