Page 28 - Bulletin 1
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ANTARKTİKA ANTLAŞMASI                                                                                                                  THE ANTARCTIC TREATY





       Article 23:                             tion and inspection, taking account of the   Article 25:                         2. Instruments of ratification, acceptance or ap-
                                               existing international practice. This system                                     proval shall be deposited with the Government of
       1. The Commission and the Scientific Commit-  shall include, inter alia, procedures for bo-  1. If any dispute arises between two or more   Australia, hereby designated as the Depositary.
       tee shall co-operate with the Antarctic Treaty   arding  and  inspection  by  observers  and   of  the  Contracting  Parties  concerning  the  in-
       Consultative  Parties  on  matters  falling  within   inspectors designated by the Members of   terpretation or application of this Convention,
       the competence of the latter.           the  Commission  and  procedures  for  flag   those Contracting Parties shall consult among   Article 28:
                                               state  prosecution  and  sanctions  on  the   themselves with a view to having the dispute
       2. The Commission and the Scientific Committee   basis of evidence resulting from such bo-  resolved  by  negotiation,  inquiry,  mediation,   1. This Convention shall enter into force on the
       shall co-operate, as appropriate, with the Food   arding  and  inspections.  A  report  of  such   conciliation, arbitration, judicial settlement or   thirtieth day following the date of deposit of the
       and Agriculture Organisation of the United Na-  prosecutions and sanctions imposed shall   other peaceful means of their own choice.  eighth instrument of ratification, acceptance or
       tions and with other Specialised Agencies.  be included in the information referred to                                   approval by States referred to in paragraph 1 of
       3. The Commission and the Scientific Commit-  in Article XXI of this Convention;    2. Any dispute of this character not so resolved   Article XXVI of this Convention.
       tee shall seek to develop co-operative working                                      shall, with the consent in each case of all Parties
       relationships, as appropriate, with inter-gover-  (b) In order to verify compliance with mea-  to the dispute, be referred for settlement to the   2. With respect to each State or regional econo-
       nmental  and  non-governmental  organizations   sures adopted under this Convention, ob-  International Court of Justice or to arbitration;   mic integration organization which subsequent to
       which could contribute to their work, including   servation  and  inspection  shall  be  carried   but failure to reach agreement on reference to   the date of entry into force of this Convention de-
       the Scientific Committee on Antarctic Research,   out on board vessels engaged in scientific   the International Court or to arbitration shall not   posits an instrument of ratification, acceptance,
       the Scientific Committee on Oceanic Research   research  or  harvesting  of  marine  living   absolve Parties to the dispute from the respon-  approval or accession, the Convention shall enter
       and the International Whaling Commission.  resources  in  the  area  to  which  this  Con-  sibility of continuing to seek to resolve it by any   into force on the thirtieth day following such de-
                                               vention  applies,  through  observers  and   of the various peaceful means referred to in pa-  posit.
       4. The Commission may enter into agreements   inspectors designated by the Members of   ragraph 1 above.
       with the organizations referred to in this Artic-  the Commission and operating under ter-                               Article 29:
       le and with other organizations as may be ap-  ms and conditions to be established by the   3. In cases where the dispute is referred to arbit-
       propriate. The  Commission  and  the  Scientific   Commission;                      ration, the arbitral tribunal shall be constituted   1. This Convention shall be open for accession by
       Committee  may  invite  such  organizations  to                                     as provided in the Annex to this Convention.  any State interested in research or harvesting ac-
       send observers to their meetings and to mee-  (c)  Designated  observers  and  inspectors   Article 26:                  tivities in relation to the marine living resources to
       tings of their subsidiary bodies.       shall remain subject to the jurisdiction of                                      which this Convention applies.
                                               the  Contracting  Party  of  which  they  are
                                               nationals. They  shall  report to the  Mem-  1. This Convention shall be open for signature
       Article 24:                             ber of the Commission by which they have    at  Canberra  from  1  August  to  31  December   2. This Convention shall be open for accession
                                               been designated which in turn shall report   1980 by the States participating in the Confe-  by regional economic integration organizations
       1. In order to promote the objective and ensure   to the Commission.                rence on the Conservation of Antarctic Marine   constituted by sovereign States which include
       observance of the provisions of this Conventi-                                      Living Resources held at Canberra from 7 to 20   among their members one or more States Mem-
       on, the Contracting Parties agree that a system  3. Pending the establishment of the system of   May 1980.               bers of the Commission and to which the States
       of observation and inspection shall be establis-  observation  and  inspection,  the  Members  of                        members of the organization have transferred,
       hed.                                 the  Commission  shall  seek  to  establish  inte-  2. The States which so sign will be the original   in whole or in part, competences with regard
                                            rim arrangements to designate observers and    signatory States of the Convention.  to the matters covered by this Convention. The
       2.  The  system  of  observation  and  inspection  inspectors and such designated observers and                          accession of such regional economic integration
       shall be elaborated by the Commission on the  inspectors shall be entitled to carry out inspec-  Article 27:             organizations shall be the subject of consultati-
       basis of the following principles:   tions in accordance with the principles set out                                     ons among Members of the Commission.
                                            in paragraph 2 above.
           (a)  Contracting  Parties  shall  cooperate                                     1. This Convention is subject to ratification, ac-  Article 30:
           with  each  other  to  ensure  the  effective                                   ceptance or approval by signatory States.
           implementation of the system of observa-                                                                             1.  This  Convention  may  be  amended  at  any
                                                                                                                                time.

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