INTERNATIONAL ORGANIZATIONS
Article 1
Use of terms
For the purposes of article 305 and of this Annex,
"international organization" means an intergovernmental organization
constituted by States to which its member States have transferred competence
over matters governed by this Convention, including the competence to enter
into treaties
in respect of those matters.
Article 2
Signature
An international organization may sign this Convention
if a majority of its member States are signatories of this Convention. At the
time of signature an international organization shall make a declaration
specifying the matters governed by this Convention in respect of which
competence has been transferred to that organization by its member States which
are signatories, and the nature and extent of that competence.
Article 3
Formal confirmation and accession
1. An international organization may deposit its
instrument of formal confirmation or of accession if a majority of its member
States deposit or have deposited their instruments of ratification or
accession.
2. The instruments deposited by the international
organization shall contain the undertakings and declarations required by
articles 4 and 5 of this Annex.
Article 4
Extent of participation and rights and obligations
l. The instrument of formal confirmation or of
accession of an international organization shall contain an undertaking to
accept the rights and obligations of States under this Convention in respect of
matters relating to which competence has been transferred to it by its member
States which
are Parties to this Convention.
2. An international organization shall be a Party to
this Convention to the extent that it has competence in accordance with the
declarations, communications of information or notifications referred to in
article 5 of this Annex.
3. Such an international organization shall exercise
the rights and perform the obligations which its member States which are
Parties would otherwise have under this Convention, on matters relating to
which competence has been transferred to it by those member States. The member States
of that international organization shall not exercise competence which they
have transferred to it.
4. Participation of such an international organization
shall in no case entail an increase of the representation to which its member
States which are States Parties would otherwise be entitled, including rights
in decision-making.
5. Participation of such an international organization
shall in no case confer any rights under this Convention on member States of
the organization which are not States Parties to this Convention.
6. In the event of a conflict between the obligations
of an international organization under this Convention and its obligations
under the agreement establishing the organization or any acts relating to it,
the obligations under this Convention shall prevail.
Article 5
Declarations, notifications and communications
l. The instrument of formal confirmation or of
accession of an international organization shall contain a declaration
specifying the matters governed by this Convention in respect of which
competence has been transferred to the organization by its member States which
are Parties to this Convention.
2. A member State of an international organization
shall, at the time it ratifies or accedes to this Convention or at the time
when the organization deposits its instrument of formal confirmation or of
accession, whichever is later, make a declaration specifying the matters
governed by this Convention
in respect of which it has transferred competence to
the organization.
3. States Parties which are member States of an
international organization which is a Party to this convention shall be
presumed to have competence over all matters governed by this Convention in
respect of which transfers of competence to the organization have not been
specifically declared, notified or communicated by those States under this
article.
4. The international organization and its member
States which are States Parties shall promptly notify the depositary of this
Convention of any changes to the distribution of competence, including new transfers
of competence, specified in the declarations under paragraphs 1 and 2.
5. Any State Party may request an international
organization and its member States which are States Parties to provide
information as to which, as between the organization and its member States, has
competence in respect of any specific question which has arisen. The
organization and the member
States concerned shall provide this information within
a reasonable time. The international organization and the member States may
also, on their own initiative, provide this information.
6. Declarations, notifications and communications of
information under this article shall specify the nature and extent of the
competence transferred.
Article 6
Responsibility and liability
l. Parties which have competence under article 5 of
this Annex shall have responsibility for failure to comply with obligations or
for any other violation of this Convention.
2. Any State Party may request an international
organization or its member States which are States Parties for information as
to who has responsibility in respect of any specific matter. The organization
and the member States concerned shall provide this information. Failure to
provide this information within a reasonable time or the provision of
contradictory information shall result in joint and several liability.
Article 7
Settlement of disputes
l. At the time of deposit of its instrument of formal
confirmation or of accession, or at any time thereafter, an international
organization shall be free to choose, by means of a written declaration, one or
more of the means for the settlement of disputes concerning the interpretation
or application of this
Convention, referred to in article 287, paragraph
1(a), (c) or (d).
2. Part XV applies mutatis mutandis to any dispute between Parties to this Convention, one
or more of which are international organizations.
3. When an international organization and one or more
of its member States are joint parties to aispute, or parties in the same
interest, the organization shall be deemed to have accepted the same procedures
for the settlement of disputes as the member States; when, however, a member
State has chosen only the International Court of Justice under article 287, the
organization and the member State concerned shall be deemed to have accepted
arbitration in accordance with Annex VII, unless the parties to the
dispute otherwise agree.
Article 8
Applicability of Part XVII
Part XVII applies mutatis mutandis to an international organization, except in respect of
the following:
(a) the instrument of formal confirmation or of
accession of an international organization shall not be taken into account in
the application of article 308, paragraph l;
(b) (i) an
international organization shall have exclusive capacity with respect to the
application of articles 312 to 315, to the extent that it has competence under
article 5 of this Annex over the entire subject-matter of the amendment;
(ii) the instrument
of formal confirmation or of accession of an international organization to an
amendment, the entire subject-matter over which the international organization
has competence under article 5 of this Annex, shall be considered to be the
instrument of ratification or accession of each of the member States which are
States Parties, for the purposes of applying article 316, paragraphs 1, 2 and
3;
(iii) the instrument
of formal confirmation or of accession of the international organization shall
not be taken into account in the application of article 316, paragraphs 1 and
2, with regard to all other amendments;
(c) (i) an
international organization may not denounce this Convention in accordance with
article 317 if any of its member States is a State Party and if it continues to
fulfil the qualifications specified in article 1 of this Annex;
(ii) an international
organization shall denounce this Convention when none of its member States is a
State Party or if the international organization no longer fulfils the qualifications
specified in article 1 of this Annex. Such denunciation shall take effect
immediately.