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On 24 July 1971 and annexed Protocols 1 and 2




Accession by Uruguay

 

The instrument of accession by Uruguay to the Universal Copyright Convention as revised at Paris on 24 July 1971 was deposited with the Director-General of UNESCO on 12 January 1993. The instrument of accession did not refer to Protocols 1 and 2 annexed to the revised Convention.

In accordance with the provisions of Article IX(2), the Convention came into force, in respect of Uruguay, on 12 April 1993, that is, three months after the deposit of the instrument of accession.

Accession by Uruguay brings to fifty-four the total number of States that have deposited an instrument of ratification or acceptance of, or accession to, the above-mentioned Convention.

 

IX. Read the following text, translate into Russian:

 

The Permanent Representative of New Zealand to the United Nations presents her compliments to the Secretary-General of the United Nations and has the honour to transmit New Zealands Instrument of Ratification to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 10 December 1984.

New Zealands Instrument of Ratification includes:

(a) a Reservation concerning Article 14 of the Convention which relates to compensation for victims of torture, and

(b) Declarations dealing with Articles 21 and 22 of the Convention regarding the competence of the Committee Against Torture.

Attached to the Instrument of Ratification are:

(a) an objection to the Declaration made by the German Democratic Republic at the time of its ratification of the Convention;

(b) an objection to the Reservation made by Chile at the time of its ratification of the Convention.

 

Permanent Mission of New Zealand

to the United Nations

New York

10 December 19

 

X. Read the following text, translate into Russian:

Secretary-Generals practice relating to the deposit of the instruments of ratification, acceptance, acceptance, accession and the like:

Ratification, acceptance, approval, accession and the like are the means by which a State establishes its consent to be bound by a treaty on the international plane (Vienna Convention on the Law of Treaties, 1969, article 2 (b)). The common feature of these treaty actions is that the deposit of the relevant instruments with the depositary, in this case the Secretary-General, binds the State concerned at international law. Therefore, the depositary, prior to effecting the deposit of a treaty action, must be satisfied that a State's intention, as expressed in its instrument, is clear in this respect. Since the Secretary-General is the depositary of over 500 multilateral conventions and the vast majority of them are open to participation by the international community in general, the Secretary-General has had to develop a uniform practice to determine the validity of such instruments, both to safeguard his integrity and to protect the interests of other States parties.

The Secretary-General's practice relating to the deposit of instruments of ratification,

acceptance, approval, accession and the like is as follows. Such instruments must:

Emanate from and be signed by the Head of State, Head of Government or Minister for Foreign Affairs or a person exercising, ad interim, the powers of one of the above

authorities;

Clearly identify the treaty concerned and the type of action, consistent with the

provisions of the treaty, i.e., ratification, acceptance, approval, accession, consent to be bound, etc.;

Contain an unambiguous expression of the will of the Government, acting on behalf of the State, to recognize itself as being bound by the treaty concerned and to undertake faithfully to observe and implement its provisions (a simple reference to a domestic statutory provision will be inadequate);

Indicate the title of the signatory. In the case of a person exercising, ad interim, the

powers of the Head of State, Head of Government or Minister for Foreign Affairs, the

title must indicate that the person is exercising such powers ad interim. In this respect,

the depositary accepts the following formulations: Acting Head of State, Acting Head

of Government, Acting Minister for Foreign Affairs, Head of State ad interim, Head of Government ad interim and Minister for Foreign Affairs ad interim;

Indicate the date and place where the instrument was issued;

If required, specify the scope of their application in accordance with the provisions of the relevant treaty;

If required, contain all mandatory declarations and notifications in accordance with the provisions of the relevant treaty; and

Where reservations are intended, include such reservations since reservations must be signed by the Head of State, Head of Government or Minister for Foreign Affairs or a person exercising, ad interim, the powers of one of the above authorities.

It is noted that if these requirements are lacking, the instrument in question is unlikely to be accepted in deposit.

X. Complete the following instrument of accession.

 

WHEREAS the Convention on _____was adopted by the General Assembly of the United Nations on _________ and is open for accession by _______

AND WHEREAS it is provided in ________ that accession thereto shall be effected by _______ with _________;

NOW THEREFORE the undersigned, _______, hereby notifies the accession by the Government of ________ to the said Convention.

GIVEN AT _______, this _______ day of _______, One thousand Nine hundred and ______.

Xl. Draw up an instrument of accession on behalf of the Secretary of State for Foreign Affairs using the information below.

Instrument: The General Convention on the Privileges and Immunities of the United Nations.

 

Adopted: by the UN General Assembly on 13 February 19_.

 

It is recalled that the said Convention shall come into force as regards each Member on the date of deposit of each instrument of accession.

 

XII. Speak on the style and composition of instruments of accession.

Wordlist for self-check:

to express consent

the acceding state

the drafting of a treaty

to blur the distinction

the depositary government

an instrument of accession

precise form

to suffice

to consider the aforesaid convention

to carry out the stipulations therein contained

to present ones compliments

 

3. RESERVATIONS

A state may often wish to sign or ratify or otherwise consent to be bound by a treaty in such manner that certain provisions of the treaty do not bind it, or apply to it subject to modifications. This can be effected principally:

1. by inducing the other party or parties to insert an express term to this effect;

2. by a reservation attached to the signature of a treaty by its representatives and duly recorded in a proces-verbal or protocol of signature;

3. by a reservation attached to the ratification and duly recorded;

4. in the case of a treaty left open for accession by other States, by a reservation attached to its accession and duly recorded.

Where a state wishes to become bound only by a specific part of a treaty, its consent to be so bound can be effective only if this is permitted by the treaty or is otherwise agreed to by the contracting states; and where a treaty allows a contracting state to become partially bound by exercising a choice between differing provisions, the consent must make clear to which provisions it relates.

 

A reservation is defined in article 2 of the Vienna Convention as a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving, or acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that State.

The effect of a reservation depends on whether it is accepted or rejected by the other states concerned. A reservation to a bilateral treaty presents no problems, because it is, in effect, a new proposal reopening the negotiations between the two states concerning the terms of the treaty; and, unless agreement can be reached about the terms of the treaty, no treaty will be concluded. In the case of a multilateral treaty the problem is more complicated, because the reservation may be accepted by some states and rejected by others. On this basis a reservation constitutes a counter-offer which requires a new acceptance, failing which the state making the counteroffer will not become a party to the treaty.

The framing of reservations is not absolutely free. It is admitted, as a general rule, that the reservation must be compatible with the purpose of the convention. The constitution of the organization sometimes indicates the points on which reservations cannot be made. These generally concern the fundamental condition which cannot he modified without a risk of destroying the aim of the convention itself. It is advisable, in addition, to avoid disfiguring a text by an accumulation of reservations. The time during which reservations can be formulated does not generally exceed, for each signatory, the date of ratification.

Reservations can be withdrawn at any moment. They can be invoked by the interested state in opposition to all the parties and, conversely, by all the parties against it.

 

EXHIBIT 28

RESERVATION

The Republic of... does not consider itself bound by article 15, paragraphs 2 and 3, of the Agreement, concerning recourse to arbitration for the settlement of disputes between the Contracting Parties.

The Republic of... declares that article 9, which entitles only States Members of the Economic Commission for Europe to become Parties to the Agreement, is discriminatory.

 

ASSIGNMENTS

I. Read the text and answer the checkup questions.

 

1. How can a state become a party to a treaty without being bound by some of its provisions? 2. What is a reservation? 3. How can a reservation be made? 4. In which case is a reservation considered to be valid? 5. How is it defined in article 2 of the Vienna Convention? 6. What does the effect of a reservation depend on?

7. What is the difference between reservations made to bilateral and multilateral treaties?

 

II. Complete the following sentences using the required information from the above text.

 

1. A state may often wish to sign or ratify or otherwise consent to be bound by a treaty in such manner that.... 2. A reservation is defined in article 2 of the Vienna Convention as.... 3. The consent of a state to become bound only by a specific part of a treaty can be effective only if .4. A reservation to a bilateral treaty presents no problem, because.... 5. In the case of a multilateral treaty the problem is more complicated, because. 6. The time during which reservations can be formulated does not generally exceed.... 7. Reservations can be invoked by

III. Memorize the phrases below, suggest their Russian equivalents.

 

1) the states concerned; 2) a treaty left open for accession; 3) a unilateral statement; 4) concerning the terms of a treaty; 5) to accept a reservation; 6) to be bound by a treaty; 7) to make a counter-offer; 8) to modify the legal effect of certain provisions; 9) to require acceptance; 10) to reopen the negotiations.

 

IV. Study the use of upon in different phrases.

 

  UPON agreement by the parties concerned appropriate notification the conclusion of negotiations entry into force the exchange of instruments of ratification the nomination of the Secretary-General the recommendation of the Executive Board    

 

V. Suggest the English for:

1) ; 2) ; 3) ; 4) ; 5) ; 6) 7) .

 

VI. Translate into Russian taking note of the words and phrases in bold type.

1. It is essential that all parties to the treaty should assent to the making of a reservation. 2. Without the consent of all the parties, a reservation proposed in relation to a multilateral convention cannot become effective and the reserving state cannot become a party thereto. 3. In order that any reservation whatever may be validly made in regard to a clause of the treaty, it is essential that this reservation should be accepted by all the contracting parties. 4. A state which has made and maintained a reservation which has been objected to by one or more of the parties to the convention but not by others, can be regarded as being a party to the convention if the reservation is compatible with the object and purpose of the convention. 5. If a party to the convention objects to a reservation which it considers to be incompatible with the object and purpose of the convention, it can in fact consider that the reserving state is not a party to the convention.

 

VII. Read the following text, translate into Russian.

Amendments to a Treaty

When a mistake is discovered in a signed treaty awaiting ratification, it may be corrected by, and the correction may be initialed by the plenipotentiaries who signed the treaty.

When it is desired to amend a treaty already ratified, or already signed and not requiring ratification, the amendment should take the form either (a) of a new treaty embodying the amendment or (b) of an Exchange of Notes or a Protocol placing it on record that, not with standing the text of the treaty as signed or as signed and ratified, it was to be regarded as being in force in its amended form as from the date on which it entered into force or the date of ratification or some other specified date.

 

VIII. Read the following text, translate into Russian.





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