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See note 1 under "Netherlands".
Note 1.
Formerly: "Byelorussian Soviet Socialist Republic" until 18 September 1991.
Note 1.
Formerly: "Dahomey" until 2 December 1975.
Note 1.
The Government of Bosnia and Herzegovina deposited with the Secretary-General notifications of succession to the Socialist Federal Republic of Yugoslavia to various treaties with effect from 6 March 1992, the date on which Bosnia and Herzegovina assumed responsibility for its international relations.
See also note 1 under "former Yugoslavia" .
For information on the treatment of treaty actions by predecessor States and successor States in the status tables, see Part C, "Status tables" of the "Introduction" to this publication.
Note 1.
Formerly: "Upper Volta" until 4 August 1984.
See note 1 under "Myanmar".
Note 1.
As from 3 February 1990, "Cambodia". Formerly, as follows: as from 6 April 1976 to 3 February 1990 "Democratic Kampuchea"; as from 30 April 1975 to 6 April 1976 "Cambodia"; as from 28 December 1970 to 30 April 1975 "Khmer Republic".
Note 1.
As from 4 February 1984 Cameroon (from 10 March 1975 to 4 February 1984 known as "the United Republic of Cameroon" and prior to 10 March 1975 known as "Cameroon".
Note 1.
In a communication dated 20 December 1976, the Permanent Mission of the Central African Empire to the United Nations informed the Secretary-General that, by a decision of the extraordinary Congress of the Movement for the Social Development of Black Africa (MESAN), held at Bangui from 10 November to 4 December 1976, the Central African Republic had been constituted into the Central African Empire.
In a communication dated 25 September 1979, the Permanent Representative of that country to the United Nations informed the Secretary-General that, following a change of regime which took place on 20 September 1979, the former institutions of the Empire had been dissolved and the Central African Republic had been proclaimed.
Note 1.
Signatures, ratifications, accessions, etc., on behalf of China.
China is an original Member of the United Nations, the Charter having been signed and ratified on its behalf, on 26 June and 28 September 1945, respectively, by the Government of the Republic of China, which continued to represent China in the United Nations until 25 October 1971.
On 25 October 1971, the General Assembly of the United Nations adopted its resolution 2758 (XXVI), reading as follows:
"The General Assembly.
"Recalling the principles of the Charter of the United Nations,
"Considering that the restoration of the lawful rights of the People's Republic of China is essential both for the protection of the Charter of the United Nations and for the cause that the United Nations must serve under the Charter,
"Recognizing that the representatives of the Government of the People's Republic of China are the only lawful representatives of China to the United Nations and that the People's Republic of China is one of the five permanent members of the Security Council,
"Decides to restore all its rights to the People's Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it."
The United Nations had been notified on 18 November 1949 of the formation, on l October 1949, of the Central People's Government of the People's Republic of China. Proposals to effect a change in the representation of China in the United Nations subsequent to that time were not approved until the resolution quoted above was adopted.
On 29 September 1972, a communication was received by the Secretary-General from the Minister for Foreign Affairs of the People's Republic of China stating:
"l. With regard to the multilateral treaties signed, ratified or acceded to by the defunct Chinese government before the establishment of the Government of the People's Republic of China, my Government will examine their contents before making a decision in the light of the circumstances as to whether or not they should be recognized.
"2. As from October 1, 1949, the day of the founding of the People's Republic of China, the Chiang Kai-shek clique has no right at all to represent China. Its signature and ratification of, or accession to, any multilateral treaties by usurping the name of `China' are all illegal and null and void. My Government will study these multilateral treaties before making a decision in the light of the circumstances as to whether or not they should be acceded to."
All entries recorded throughout this publication in respect of China refer to actions taken by the authorities representing China in the United Nations at the time of those actions.
Note 2.
By a notification on 20 June 1997, the Government of China informed the Secretary-General of the status of Hong Kong in relation to treaties deposited with the Secretary-General. The notification, in pertinent part, reads as follows:
"In accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, signed on 19 December 1984 (hereinafter referred to as the Joint Declaration), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China. [For the full text of the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, 19 December 1984, see United Nation Treaty Series volume No. 1399, p. 61, (registration number I-23391)].
It is provided in Section 1 of Annex I to the Joint Declaration, "Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong" and in Articles 12, 13 and 14 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China (hereinafter referred to as the Basic Law), that the Hong Kong Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibility of the Central People's Government of the People's Republic of China. Furthermore, it is provided both in Section XI of Annex I to the Joint Declaration and Article 153 of the Basic Law that international agreements to which the People's Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Administrative Region.
In this connection, on behalf of the Government of the People's Republic of China, I would like to inform Your Excellency as follows:
I. The treaties listed in Annex I to this Note [herein under], to w hich the People's Republic of China is a party, will be applied to the Hong Kong Special Administrative Region with effect from 1 July 1997 as they:
(i) are applied to Hong Kong before 1 July 1997; or (ii) fall within the category of foreign affairs or defence or, owing to their nature and provisions, must apply to the entire territory of a State; or
(iii) are not applied to Hong Kong before 1 July 1997 but with respect to which it has been decided to apply them to Hong Kong with effect from that date (denoted by an asterisk in Annex I). II. The treaties listed in Annex II to this Note [herein under], to which the People's Republic of China is not yet a party and which apply to Hong Kong before 1 July 1997, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997.
The provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong shall remain in force beginning from 1 July 1997.
III. The Government of the People's Republic of China has already carried out separately the formalities required for the application of the treaties listed in the aforesaid Annexes, including all the related amendments, protocols, reservations and declarations, to the Hong Kong Special Administrative Region with effect from 1 July 1997.
IV. With respect to any other treaty not listed in the Annexes to this Note, to which the People's Republic of China is or will become a party, in the event that it is decided to apply such treaty to the Hong Kong Special Administrative Region, the Government of the People's Republic of China will carry out separately the formalities for such application. For the avoidance of doubt, no separate formalities will need to be carried out by the Government of the People's Republic of China with respect to treaties which fall within in the category of foreign affairs or defence or which, owing to their nature and provisions, must apply to the entire territory of a State."
The treaties listed in Annexes I and II, referred to in the notification, are reproduced below.
Information regarding reservations and/or declarations made by China with respect to the application of treaties to the Hong Kong Special Administrative Region can be found in the footnotes to the treaties concerned as published herein. Footnote indicators are placed against China's entry in the status list of those treaties.
Moreover, with regard to treaty actions undertaken by China after 1 July 1997, the Chinese Government confirmed that the territorial scope of each treaty action would be specified. As such, declarations concerning the territorial scope of the relevant treaties with regard to the Hong Kong Special Administrative Region can be found in the footnotes to the treaties concerned as published herein. Footnote indicators are placed against China's entry in the status list of those treaties.
Annex I
(The treaties are listed in the order that they are published in these volumes.)
Charter of the United Nations and Statute of the International Court of Justice:
- Charter of the United Nations, 26 June 1945; - Statute of the International Court of Justice, 26 June 1945;
- Amendment to Article 61 of the Charter of the United Nations, adopted by the General Assembly of the United Nations in resolution 2847 (XXVI) of 20 December 1971.
Privileges and Immunities, Diplomatic and Consular Relations:
- Convention on the Privileges and Immunities of the United Nations, 13 February 1946;
- Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations, 21 November 1947; - Vienna Convention on Diplomatic Relations, 18 April 1961;
- Vienna Convention on Consular Relations, 24 April 1963.
Human Rights:
- Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948;
- International Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966;
- Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979;
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984;
- Convention on the Rights of the Child, 20 November 1989.
Narcotic Drugs and Psychotropic Substances:
- Convention on psychotropic substances, 21 February 1971;
- Single Convention on Narcotic Drugs, 1961, as amended by the Protocol amending the Single Convention on Narcotic Drugs, 1961, 8 August 1975;
- United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 20 December 1988.
Health:
- Constitution of the World Health Organization, 22 July 1946.
International Trade and Development:
- Agreement establishing the Asian Development Bank, 4 December 1965;
- Charter of the Asian and Pacific Development Centre, 1 April 1982
Transport and Communications - Customs matters:
- Customs Convention on Containers, 2 December 1972*.
Navigation:
- Convention on the International Maritime Organization, 6 March 1948;
- Convention on a Code of Conduct for Liner Conferences, 6 April 1974.
Educational and Cultural Matters:
- Convention for the Protection of Products of Phonograms Against Unauthorized Duplication of their Phonograms, 29 October 1971.
Penal Matters:
- International Convention against the taking of hostages, 17 December 1979;
- Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 14 December 1973.
Law of the Sea:
- United Nations Convention on the Law of the Sea, 10December 1982.
Commercial Arbitration:
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 10 June 1958.
Outer Space:
- Convention on the Registration of Objects Launched into Outer Space, 12 November 1974.
Telecommunications:
- Constitution of the Asia-Pacific Telecommunity, 27 March 1976.
Disarmament:
- Convention on Prohibitions or restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with protocols I, II and III), 10 October 1980;
- Convention on the Prohibition of the Development, Production and Stockpiling and Use of Chemical Weapons and on their Destruction, 3 September 1992.
Environment:
- Vienna Convention for the Protection of the Ozone Layer, 22 March 1985;
- Montreal Protocol on Substances that Deplete the Ozone Layer, 16 September 1987;
- Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, 29 June 1990;
- Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal, 22 March 1989.
Annex II (The treaties are listed in the order that they are published in these volumes.)
Refugees and Stateless Persons:
- Convention relating to the Status of Stateless Persons, 28 September 1954.
Traffic in Persons:
- International Convention for the Suppression of the Traffic in Women and Children, 30 September 1921;
- Protocol amending the International Agreement for the Suppression of the White Slave Traffic, signed at Paris on 18 May 1904, and the International Convention for the Suppression of the White Slave Traffic, signed at Paris on 4 May 1910, 4 May 1949;
- International Agreement for the Suppression of the "White Slave Traffic", 18 May 1904;
- International Convention for the Suppression of the White Slave Traffic, 4 May 1910.
Obscene Publications:
- Protocol to amend the Convention for the suppression of the circulation of, and traffic in, obscene publications, concluded at Geneva on 12 September 1923, 12 November 1947;
- International Convention for the Suppression of the Circulation of, and Traffic in Obscene Publications, 12 September 1923;
- Protocol amending the Agreement for the Suppression of the Circulation of Obscene Publications, signed at Paris on 4 May 1910, 4 May 1949;
- Agreement for the Repression of Obscene Publications, 4 May 1910.
Transport and Communications - Custom matters:
- International Convention to Facilitate the Importation of Commercial Samples and Advertising Materials, 7 November 1952;
- Convention concerning Customs Facilities for Touring, 4 June 1954;
- Additional Protocol to the Convention concerning Customs Facilities for Touring, relating to the Importation of Tourist Publicity Documents and Material, 4 June 1954;
- Customs Convention on the Temporary Importation of Private Road Vehicles, 4 June 1954;
- Customs Convention on the Temporary Importation of Commercial Road Vehicles, 18 May 1956;
- Customs Convention on the Temporary Importation for Private Use of Aircraft and Pleasure Boats, 18 May 1956;
- European Convention on Customs Treatment of Pallets Used in International Transport, 9 December 1960.
Transport and Communications - Road Traffic:
- Convention on Road Traffic, 19 September 1949.
Educational and Cultural Matters
- Agreement of the Importation of Educational, Scientific and Cultural materials, 22 November 1950.
Status of Women
- Convention on the Political Rights of Women, 31 March 1953;
- Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 10 December 1962.
Penal Matters:
- Protocol amending the Slavery Convention signed at Geneva 25 September 1926, 7 December 1953;
- Slavery Convention, 25 September 1926;
- Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 7 September 1956.
Environment:
- Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, Copenhagen, 25 November 1992.
League of Nations:
- Convention and Statute on Freedom of Transit, 20 April 1921;
- Convention and Statute on the Regime of Navigable Waterways of International Concern, 20 April 1921;
- Declaration Recognizing the Right to a Flag of States Having no Sea-coast, 20 April 1921;
- Convention and Statute on the International Regime of Maritime Ports, 9 December 1923 ;
- International Convention relating to the Simplification of Customs Formalities, 3 November 1923.
See also note 2 under "United Kingdom of Great Britain and Northern Ireland" .
Note 3.
By a notification dated 13 December 1999, the Government of the People's Republic of China informed the Secretary-General of the status of Macao in relation to treaties deposited with the Secretary-General. The notification, in pertinent part, reads as follows:
"In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao signed on 13 April 1987 (hereinafter referred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China. [For the full text of the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macao, 13 April 1987, see United Nation Treaty Series volume No. 1498, p. 229 (registration number I-25805)].
It is provided in Section 1 of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is Annex 1 to the Joint Declaration, and in Article 12, 13 and 14 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China (hereinafter referred to as the Basic Law), which was adopted by the National People's Congress of the People's Republic of China on 31 March 1993, that the Macao Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China. Furthermore, it is provided both in Section VIII of Annex 1 of the Joint Declaration and Article 138 of the Basic Law that international agreements to which the People's Republic of China is not yet a party but which are implemented in Macao may continue to be implemented in the Macao Special Administrative Region.
In this connection, on behalf of the Government of the People's Republic of China, I have the honour to inform your Excellency that:
I. The treaties listed in Annex I to this Note [herein below], to which the People's Republic of China is a Party, will be applied to the Macao Special Administrative Region with effect from 20 December 1999 so long as they are one of the following categories:
(i) Treaties that apply to Macao before 20 December 1999;
(ii) Treaties that must apply to the entire territory of a state as they concern foreign affairs or defence or their nature or provision so require.
II. The Treaties listed in Annex II to this Note, to which the People's Republic of China is not yet a Party and which apply to Macao before 20 December 1999, will continue to apply to the Macao Special Administrative Region with the effect from 20 December 1999.
III. The Government of the People's Republic of China has notified the treaty depositaries concerned of the application of the treaties including their amendments and protocols listed in the aforesaid Annexes as well as reservations and declarations made thereto by the Chinese Government to the Macao Special Administrative Region with effect from 20 December 1999.
IV. With respect to other treaties that are not listed in the Annexes to this Note, to which the People's Republic of China is or will become a Party, the Government of the People's Republic of China will go through separately the necessary formalities for their application to the Macao Special Administrative Region if it so decided."
The treaties listed in Annexes I and II, referred to in the notification, are reproduced below.
Information regarding reservations and/or declarations made by China with respect to the application of treaties to the Macao Special Administrative Region can be found in the footnotes to the treaties concerned as published herein. Footnote indicators are placed against China's entry in the status list of those treaties.
Moreover, with regard to treaty actions undertaken by China after 13 December 1999, the Chinese Government confirmed that the territorial scope of each treaty action would be specified. As such, declarations concerning the territorial scope of the relevant treaties with regard to the Macao Special Administrative Region can be found in the footnotes to the treaties concerned as published herein. Footnote indicators are placed against China's entry in the status list of those treaties.
Annex I
(The treaties appear in the order as they are provided in these volumes.)
Charter of the United Nations and Statute of the International Court of Justice:
- Charter of the United Nations, 26 June 1945;
- Statute of the International Court of Justice, 26 June 1945;
- Amendment to Article 61 of the Charter of the United Nations, adopted by the General Assembly of the United Nations in resolution 2847 (XXVI) of 20 December 1971.
Privileges and Immunities, Diplomatic and Consular Relations:
- Convention on the Privileges and Immunities of the United Nations, 13 February 1946;
- Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations, 21 November 1947;
- Vienna Convention on Diplomatic Relations, 18 April 1961;
- Vienna Convention on Consular Relations, 24 April 1963.
Human Rights:
- International Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966;
- Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979;
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984;
- Convention on the Rights of the Child, 20 November 1989.
Refugees and Stateless Persons:
- Convention relating to the Status of Refugees, 28 July 1951;
- Protocol relating to the Status of Refugees, 31 January 1967;
Narcotic Drugs and Psychotropic Substances:
- Convention on psychotropic substances, 21 February 1971;
- United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 20 December 1988.
Health:
- Constitution of the World Health Organization, 22 July 1946.
International Trade and Development:
- Charter of the Asian and Pacific Development Centre, 1 April 1982.
Navigation:
- Convention on the International Maritime Organization, 6 March 1948.
Penal Matters:
- International Convention against the taking of hostages, 17 December 1979; - Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 14 December 1973.
Law of the Sea:
- United Nations Convention on the Law of the Sea, 10 December 1982.
Law of Treaties:
- Vienna Convention on the Law of Treaties, 23 May 1969.
Telecommunications:
- Constitution of the Asia-Pacific Telecommunity, 27 March 1976.
Disarmament:
- Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II and III), 10 October 1980;
- Additional Protocol to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (Protocol IV, entitled Protocol on Blinding Laser Weapons), 13 October 1995;
- Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 (Protocol II as amended on 3 May 1996) annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects, 3 May 1996;
- Convention on the Prohibition of the Development, Production and Stockpiling and Use of Chemical Weapons and on their Destruction, 3 September 1992.
Environment:
- Vienna Convention for the Protection of the Ozone Layer, 22 March 1985;
- Montreal Protocol on Substances that Deplete the Ozone Layer, 16 September 1987;
- Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, 29 June 1990;
- Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal, 22 March 1989;
- United Nations Framework Convention on Climate Change, 9 May 1992;
- Convention on biological diversity, 5 June 1992.
Annex II :
(The treaties appear in the order as they are provided in these volumes.)
Human Rights:
- International Covenant on Economic, Social and Cultural Rights, 16 December 1966;
- International Covenant on Civil and Political Rights, 16 December 1966;
Narcotic Drugs and Psychotropic Substances:
- Single Convention on Narcotic Drugs, 30 March 1961
- Protocol amending the Single Convention on Narcotic Drugs and Narcotic Substances, 25 March 1972.
Traffic in Persons:
- International Convention for the Suppression of the Traffic in Women and Children, 30 September 1921;
- International Convention for the Suppression of the Traffic in Women of Full Age, 11 October 1933;
- Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 21 March 1950;
Transport and Communication - customs matters:
- Convention concerning Customs Facilities for Touring, 4 June 1954;
- Additional Protocol to the Convention concerning Customs Facilities for Touring, relating to the Importation of Tourist Publicity Documents and Material, 4 June 1954;
Transport and Communication - road traffic:
- Convention on Road Traffic, 19 September 1949.
Penal Matters:
- Slavery Convention, 25 September 1926;
- Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 7 September 1956;
League of Nations:
- Convention for the Settlement of Certain Conflicts of Laws in connection with Bills of Exchange and Promissory Notes, 7 June1930;
- Convention for the Settlement of Certain Conflicts of Laws in connection with Cheques, 19 March 1931;
- Convention providing a Uniform Law for Bills of Exchange and Promissory Notes, 7 June 1930;
- Convention providing a Uniform Law for Cheques, 19 March 1931;
- Convention on the Stamp Laws in connection with Bills of Exchange and Promissory Notes, 7 June 1930;
- Convention on the Stamps Laws in connection with Cheques, 19 March 1931.
See also note 1 under "Macao" and note 1 under"Portugal" .
Note 1.
In a communication dated 15 November 1971, the Permanent Mission of the People's Republic of the Congo to the United Nations informed the Secretary-General that their country would henceforth be known as the "Congo".
Note 1.
Formerly administered by New Zealand, the Cook Islands and Niue currently have the status of self-governing States in free association with New Zealand.
The responsibility of the Cook Islands and Niue to conduct their own international relations and particularly to conclude treaties has evolved substantially over the years. For a period of time it was considered that, in view of the fact that the Cook Island and Niue, though self-governing, had entered into special relationships with New Zealand, which discharged the responsibilities for the external relations and defence of the Cook Islands and Niue at their request, it followed that the Cook Islands and Niue did not have their own treaty making capacity.
However, in 1984, an application by the Cook Islands for membership in the World Health Organization was approved by the World Health Assembly in accordance with its article 6, and the Cook Islands, in accordance with article 79, became a member upon deposit of an instrument of acceptance with the Secretary-General. In the circumstances, the Secretary-General felt that the question of the status, as a State, of the Cook Islands, had been duly decided in the affirmative by the World Heath Assembly, whose membership was fully respresentative of the international community.
On the basis of the Cook Islands' membership in the World Health Organization, and of its subsequent admittance to other specialized agencies (Food and Agriculture Organization in 1985, United Nations Educational, Scientific and Cultural Organization in 1985 and the International Civil Aviation Organization in 1986) as a full member without any specifications or limitations, the Secretary-General considered that the Cook Islands could participate in a treaty in its own right as a State. Consequently, the Cook Islands signed the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity in 1992.
The same solution was adopted by the Secretary-General following the approval of Niue's application for membership in the United Nations Educational, Scientific and Cultural Organization UNESCO in 1993 and of the World Health Organization in 1994.
As a result of these developments, the Secretary-General, as depositary of multilateral treaties, recognized the full treaty-making capacity of the Cook Islands in 1992 and of Niue in 1994.
Note 2.
In a communication dated 10 November 1988, the Government of New Zealand submitted to the Secretary-General the following Declaration setting out the position of the Cook Islands and Niue with respect to New Zealand Treaty actions:
"WHEREAS the Cook Islands and Niue are self-governing states in voluntary
free association with New Zealand resulting from acts of self-determination
supervised and approved by the United Nations in accordance with General
Assembly Resolution 1514 (XV);
AND WHEREAS the Governments of the Cook Islands and Niue have exclusive
executive and legislative competence to implement treaties in the Cook Islands
and Niue;
AND WHEREAS in accordance with the constitutional relationship which exists
between New Zealand and the Cook Islands and New Zealand and Niue, there have
been consultations between the Government of New Zealand and the Governments of
the Cook Islands and Niue regarding New Zealand treaty actions;
AND WHEREAS the Government of the Cook Islands and the Government of Niue have
requested that henceforth no treaties signed, ratified, accepted, approved or
acceded to by the Government of New Zealand shall extend to the Cook Islands or
Niue unless the Instrument of Ratification, Acceptance, Approval or Accession
specifically so states;
NOW THEREFORE IT IS HEREBY DECLARED that:
1. No treaty signed, ratified, accepted, approved or acceded
to by New Zealand from the date of receipt of this Declaration by the
Secretary-General of the United Nations will extend to the Cook Islands or Niue
unless the treaty is signed, ratified, accepted, approved or acceded to
expressly on behalf of the Cook Islands or Niue.
2. Existing treaties applicable to the Cook Islands or Niue
will continue to be applicable in accordance with their terms and subject to the
rules of international law.
3. In the event that the Government of the Islands or the
Government of Niue desires that a treaty to which New Zealand is party but which
was not expressly extended to the Cook Islans or Niue, should subsequently be so
extended, right is reserved to withdraw the territorial limitation provided for
in paragraph 1 of this Declaration, by notification to the appropriate
Depositary.
4. Nothing in this Declaration shall limit any right of the
Cook Islands or Niue to become party directly to any treaty which is open to the
Cook Islands or Niue in their own right."
Note 1.
On 9 January 2002, the Secretary-General received from the Government of Costa Rica a communication transmitting the formal objection to the reservation formulated by the Government of Nicaragua which reads as follows:
I have the honour to write to you in your capacity as depositary of the declarations provided for in Article 36, paragraph 2, of the Statute of the International Court of Justice, with reference to note MRE/DW1081/10/01, which the Minister for Foreign Affairs of Nicaragua transmitted to you on 24 October 2001.
On 24 September 1929, the Republic of Nicaragua recognized, unconditionally, the compulsory jurisdiction of the Permanent Court of International Justice. That declaration was deemed transferable to the jurisdiction of the International Court of Justice by virtue of Article 36, paragraph 5, of the Statute of the Court. On various occasions, Nicaragua has used this optional declaration to bring proceedings before the International Court of Justice. In the Military and Paramilitary Activities In and Against Nicaragua case between Nicaragua and the United States of America, the Court found that this declaration was valid.
The above-mentioned note from the Minister for Foreign Affairs of Nicaragua, dated 24 October 2001, represents a casuistic attempt by the Nicaraguan Government to modify its voluntary declaration of unconditional acceptance of the compulsory jurisdiction of the International Court of Justice as follows:
"Nicaragua will not accept as from 1 November 2001 the jurisdiction or competence of the International Court of Justice in relation to any matter or claim based on interpretations of treaties or arbitral awards that were signed and ratified or made, respectively, prior to 31 December 1901."
The Government of Costa Rica considers that this purported "reservation" is not permissible for the following reasons: (1) Public international law does not recognize the right to formulate reservations a posteriori to unconditional declarations of acceptance of the jurisdiction of the International Court of Justice; (2) Nicaragua is unable to formulate this "reservation" by virtue of its unilateral declarations before the same Court with respect to the nature of its acceptance of compulsory jurisdiction and the possibility of modifying it; (3) Even if this reservation were permissible, which it is not, the lack of a reasonable time period for its entry into force renders such a "reservation" contrary to the principle of good faith in international relations. In addition, it is worth noting that the foregoing is supported by the provision of the Vienna Convention on the Law of Treaties contained in article 2, paragraph 1 (d), on the meaning of a reservation. Moreover, the provision contained in article 20, paragraph 3, of that Convention should also be borne in mind with respect to the formulation of a reservation to a treaty which is a constituent instrument of an international organization.
I must point out that the note to which my Government objects was not transmitted spontaneously. Rather, it represents a reaction to the fact that my Government has included an item in the national budget to cover the cost of the possible filing of a claim by Costa Rica against Nicaragua before the International Court of Justice for its failure to abide by the provisions agreed upon by both countries in the Cailas-Jerez Treaty of 1858 and the Cleveland Award of 1888. Both instruments were signed and ratified during the period which Nicaragua now seeks to exclude from the Court's jurisdiction by means of the above-mentioned reservation. However, in its haste, it has overlooked the fact that, on 21 February 1949, the Government of Nicaragua signed a Pact of Amity with Costa Rica. Article III of that instrument reflects the commitment to apply the American Treaty on Pacific Settlement. Nicaragua has also failed to consider that, on 9 January 1956, as a corollary to the 1949 Pact of Amity, Nicaragua and Costa Rica signed, at the Pan American Union in Washington, an agreement to facilitate and expedite traffic on the San Juan River within the terms of the Treaty of 15 April 1858 and its interpretation given by arbitration on 22 March 1888. Both instruments were ratified in due course by both countries. The purported reservation also fails to include the judgement pronounced on 20 September 1916 by the Central American Court of Justice. The 1916 judgement of the Central American Court of Justice, the 1949 Pact of Amity and the 1956 agreement reinforce a set of legal rules which must be respected.
1. International law does not give Nicaragua the right to formulate reservations a posteriori to its unconditional declaration of acceptance of the jurisdiction of the International Court of Justice.
In the judgement on the jurisdiction of the International Court of Justice pronounced in the Military and Paramilitary Activities In and Against Nicaragua case, the Court indicated that States could not modify their acceptance of the Court's compulsory jurisdiction as they pleased, but were bound by the terms of their declarations.
The Court noted, in particular, that the right to terminate declarations with indefinite duration was far from established in international law.
Nicaragua itself has recognized that contemporary international law does not give States the power to modify unilaterally their optional declarations of acceptance of the compulsory jurisdiction of the International Court of Justice when such declarations are unconditional.
In its written pleadings in the Border and Transborder Armed Actions case between Nicaragua and Honduras, Nicaragua stated categorically that a State bound by an optional declaration could not modify or denounce that declaration. Nicaragua claimed that the declaring State was bound by the terms of the optional declaration and that, by virtue of the principle of good faith, it could not seek to disengage unilaterally from the obligations it had acquired in making that declaration.
Nicaragua argued that that rule arose from an analogous application of the customary principles of the law of treaties. Nicaragua indicated that the principles incorporated into the Vienna Convention on the Law of Treaties were applicable to voluntary declarations of acceptance of the Court's jurisdiction in respect of denunciation and reservation, meaning that such declarations could not be modified unless the declaring State had previously reserved that right. Lastly, Nicaragua maintained that State practice showed that a State could modify an optional declaration only when it reserved the right to do so at the time it made the original declaration.
In its written pleadings in the jurisdictional phase of the