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BASEL SÖZLEŞMESİ THE BASEL CONVENTION

Article 19: Applicable Law that are Parties to an agreement or arrangement in force on mutual recognition and enforcement
of judgements under which the judgement would be recognizable and enforceable.
All matters of substance or procedure regarding claims before the competent court which are not
specifically regulated in the Protocol shall be governed by the law of that court including any rules ARTICLE 22
of such law relating to conflict of laws.
Relationship of the Protocol with the Basel Convention

Except as otherwise provided in the Protocol, the provisions of the Convention relating to its Pro-
Article 20: Relation between the Protocol and the law of the compe- tocols shall apply to the Protocol.

tent court ARTICLE 23

1. Subject to paragraph 2, nothing in the Protocol shall be construed as limiting or derogating Amendment of Annex B
from any rights of persons who have suffered damage, or as limiting the protection or reinstate-
ment of the environment which may be provided under domestic law. 1. At its sixth meeting, the Conference of the Parties to the Basel Convention may amend parag-
raph 2 of Annex B following the procedure set out in Article 18 of the Basel Convention.
2. No claims for compensation for damage based on the strict liability of the notifier or the expor-
ter liable under Article 4, paragraph 1, or the importer liable under Article 4, paragraph 2, of the 2. Such an amendment may be made before the Protocol enters into force.
Protocol, shall be made otherwise than in accordance with the Protocol.
FINAL CLAUSES
Article 21: Mutual Recognition and Enforcement Of Judgements

1. Any judgement of a court having jurisdiction in accordance with Article 17 of the Protocol,
which is enforceable in the State of origin and is no longer subject to ordinary forms of review, Article 24 :Meeting Of The Parties
shall be recognized in any Contracting Party as soon as the formalities required in that Party have
been completed, except: 1. A Meeting of the Parties is hereby established. The Secretariat shall convene the first Meeting
of the Parties in conjunction with the first meeting of the Conference of the Parties to the Conven-
(a) Where the judgement was obtained by fraud; tion after entry into force of the Protocol.

(b) Where the defendant was not given reasonable notice and a fair opportunity to present 2. Subsequent ordinary Meetings of the Parties shall be held in conjunction with meetings of the
his case; Conference of the Parties to the Convention unless the Meeting of the Parties decides otherwise.
Extraordinary Meetings of the Parties shall be held at such other times as may be deemed neces-
(c) Where the judgement is irreconcilable with an earlier judgement validly pronounced in sary by a Meeting of the Parties, or at the written request of any Contracting Party, provided that
another Contracting Party with regard to the same cause of action and the same parties; or within six months of such a request being communicated to them by the Secretariat, it is suppor-
ted by at least one third of the Contracting Parties.
(d) Where the judgement is contrary to the public policy of the Contracting Party in which its
recognition is sought. 3. The Contracting Parties, at their first meeting, shall adopt by consensus rules of procedure for
their meetings as well as financial rules.
2. A judgement recognized under paragraph 1 of this Article shall be enforceable in each Contra-
cting Party as soon as the formalities required in that Party have been completed. The formalities 4. The functions of the Meeting of the Parties shall be:
shall not permit the merits of the case to be re-opened.
(a) To review the implementation of and compliance with the Protocol;
3. The provisions of paragraphs 1 and 2 of this Article shall not apply between Contracting Parties

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