ENB:07:54 [Next] . [Previous] . [Contents]


ARTICLE 37 - SIGNATURE: This Article states that the Agreement will be open for signature on 4 December 1995, at the UN Headquarters by all States and other entities referred to in Article 305, paragraph 1(c), (d), and (e) of UNCLOS, and will remain so for 12 months.

ARTICLE 38 - RATIFICATION: Article 38 states that the Agreement is subject to ratification, acceptance and approval by States and other entities referred to in Article 305, paragraphs 1(c), (d), and (e) of UNCLOS, and to formal confirmation in accordance with Annex IX of the Convention by the entities referred to in Article 305, paragraph 1(f) of UNCLOS. The instruments of ratification, acceptance, approval or formal confirmation are to be deposited with the UN Secretary-General.

ARTICLE 39 - ACCESSION: The Agreement is to remain open for accession by States and other entities noted in Article 305, paragraphs 1(c), (d) and (e) of UNCLOS. Accession by entities noted in Article 305, paragraph 1(f) of UNCLOS shall be in accordance with Annex IX of UNCLOS. Instruments of accession are to be deposited with the UN Secretary-General.

ARTICLE 40 - ENTRY INTO FORCE: The provisions of this Article require the Agreement to enter into force for each State or entity that ratifies or accedes to it 30 days following the date of the thirtieth instrument of ratification, acceptance, approval, formal confirmation or accession.

ARTICLE 41 - PROVISIONAL APPLICATION: The Agreement shall be applied provisionally following its entry into force by a State or entity which consents to provisional application via notification of the depository in writing. A State's provisional application of the Agreement shall terminate upon the Agreement's entry into force, or upon the State's notification of its intent to terminate provisional application.

ARTICLE 42 - RESERVATIONS AND EXCEPTIONS: No reservations or exceptions may be made to the Agreement.

ARTICLE 43 - DECLARATIONS AND STATEMENTS: This Article qualifies Article 42 of the Agreement, which does not prevent States from making declarations or statements designed to harmonize its laws and regulations with the provisions of the Agreement upon that State's ratification, acceptance, approval, formal confirmation or accession to the Agreement.

ARTICLE 44 - RELATION TO OTHER AGREEMENTS: The Agreement shall not alter the rights and obligations of States Parties arising from other agreements that are compatible. The Article also states that two or more States Parties may conclude agreements modifying or suspending operations of the provisions of the Agreement, exclusive only to them, provided that such modifications do not detract from the effective execution of the objects and purposes of the Agreement, or from other States enjoyment of their rights embodied in the Agreement. States wishing to conclude such agreements shall notify the depository of this Agreement.

ARTICLE 45 - AMENDMENT: A State Party may propose an amendment and request the convening of a conference to consider it. The decision-making procedure applicable at the amendment conference shall be the same as that applicable during this Conference.

ARTICLE 46 - DENUNCIATION: A State Party may denounce this Agreement and may indicate its reasons. Failure to indicate reasons shall not affect the validity of the denunciation.

ARTICLE 47 - PARTICIPATION BY INTERNATIONAL ORGANIZATIONS: This Article holds that Annex IX provisions of UNCLOS will apply in cases where an international organization does not have competency, except that the first sentence of Article 2 and Article 3 (1) shall not apply. In cases where the international organization claims competence over all the matters governed by the Agreement, the organization will become the negotiating body and its member States shall not become State Parties, except with respect to their territories for which the international organization has no responsibility. In informal consultations, the Chair urged delegates not to create any impediment or conditions upon the EU acting as lead negotiator in matters over which they have competency. According to Annex IX, an international organization may sign UNCLOS only if a majority of its members are signatories, and following the same procedure for this Agreement could make EU participation a protracted process.

ARTICLE 48 - ANNEXES: Unless expressly provided, a reference to this Agreement or one of it Parts includes a reference to the Annexes, which may be revised by States Parties.

ARTICLE 49 - DEPOSITARY: The Secretary-General of the UN shall be the depositary of this Agreement and any amendments or revisions thereto.

ARTICLE 50 - AUTHENTIC TEXTS: The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic.

[Return to start of article]