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Convention for the pacific settlement of international disputes

List of changes in the last year.

Reservations, declarations and objections(22 July 2016)

Ecuador, 18-07-2016

[…] the decision of the Administrative Council of the CPA does not alter Ecuador's position regarding the non-recognition of Kosovo as a State. In this regard, Ecuador would like to refer to the Security Council Resolution 1244 (1999) of 10 June 1999 in which it recognizes the respect to the territorial integrity of the Federal Republic of Yugoslavia, Resolution which continues to be in force.

Reservations, declarations and objections(6 July 2016)

Spain, 30-06-2016

… that Spain regrets that the Contracting States of the 1907 Hague Convention for the Pacific Settlement of International Disputes could not reach a consensus about the instrument of accession of the territory of Kosovo to the said Convention at the 195 meeting of the Administrative Council of the Permanent Court of Arbitration, held in The Hague on 13 June 2016. Spain also considers that such a precedent could be very harmful to the future of the Permanent Court of Arbitration. In its Verbal Notes, 148/15 and 157/15, sent to the Ministry of Foreign Affairs of the Netherlands, Spain has made its stance clear. However, taking into account the relevance of the decision adopted on June 13th, Spain wishes to reiterate its position once again. Spain, as many other Contracting States, does not recognize the unilateral declaration of independence of the territory of Kosovo. Since the territory of Kosovo does not comply with the requirement of statehood established by the 1907 Hague Convention for the Pacific Settlement of International Disputes, consequently, the deposit of the instrument of accession has no legal or any other effects. By accepting the instrument of accession, the depositary went far beyond its technical duties by acting simultaneously as a State that has recognized this controversial territory. By such an action, the depositary has behaved contrary to the decisions adopted by other depositary States in similar situations. The depositary has accepted the application without taking into account that the current international status of that territory is controversial, as its statehood has been recognized neither by the United Nations General Assembly nor by many of its member States. Moreover, it should also be noted that the provisions of the United Nations Security Council Resolution 1244/1999 regarding the principle of territorial integrity, still remain in force, as well as that of the Rule of Law, as the basic principles on which the European Union is founded and guaranteed by the Helsinki Final Act. In accordance with the provisions of the United Nations Security Council 1244/1999, the territory of Kosovo remains under international supervision. Taking all this into account, the Kingdom of Spain does not consider itself bound, directly or implicitly, by the 1907 Hague Convention for the Pacific Settlement of International Disputes with regard to the said territory.

Ukraine, 15-06-2016

Ukraine does not consider Kosovo to be a sovereign state and does not recognize it in such capacity. According to the provisions of the Convention, only a State can become its member. The provisions of the Convention regarding the procedure of its entry into force cannot be applied to the mentioned entity. In light of the above Ukraine does not view itself bound by the Convention with regard to the said entity.

Parties(14 June 2016)

Party Signature Provisional application Ratification

S=Signature without reservation or requirement of ratification
R=Ratification, Acceptance, Approval or Notification
A=Accession
Su=Succession
NK=Not Known

Entry into force Renunciation Termination
Kosovo 06-11-2015 (T) 05-01-2016

Parties(20 May 2016)

Party Signature Provisional application Ratification

S=Signature without reservation or requirement of ratification
R=Ratification, Acceptance, Approval or Notification
A=Accession
Su=Succession
NK=Not Known

Entry into force Renunciation Termination
Bahamas 14-04-2016 (T) 13-06-2016

Parties(14 March 2016)

Party Signature Provisional application Ratification

S=Signature without reservation or requirement of ratification
R=Ratification, Acceptance, Approval or Notification
A=Accession
Su=Succession
NK=Not Known

Entry into force Renunciation Termination
Palestine 30-10-2015 (T) 29-12-2015

Parties(4 March 2016)

Party Signature Provisional application Ratification

S=Signature without reservation or requirement of ratification
R=Ratification, Acceptance, Approval or Notification
A=Accession
Su=Succession
NK=Not Known

Entry into force Renunciation Termination
Djibouti 17-02-2016 (T) 17-04-2016

Reservations, declarations and objections(24 February 2016)

Mexico, 31-12-2015

The United Mexican States is a Contracting State to the 1907 Convention, which entered into force for this State on January 26th, 1910. In the case related to the statehood of Kosovo, Mexico's foreign policy adheres to the outcome of United Nations Security Council Resolution No. 1244/1999, which privileges the principle of territorial integrity of Serbia and, thus, does not recognize Kosovo as an independent State. Based on the aforementioned Resolution the Government of Mexico hereby states that in accordance with its foreign policy principles, the 1907 Convention will not bind the United Mexican States and Kosovo, until the ongoing dialogue between the parties involved achieves a final and favorable solution to this matter.

Reservations, declarations and objections(2 February 2016)

Canada, 26-01-2016

The Embassy of Canada reiterates Canada's support for the Convention and commitment to the peaceful settlement of disputes in accordance with the purposes and principles of the Charter of the United Nations. The Embassy notes that the communication by the Ministry of Foreign Affairs was made in its capacity as Depositary for the Convention for the Pacific Settlement of International Disputes. While the role of the Depositary is only technical and administrative in nature, the Embassy of Canada notes that 'Palestine' does not meet the criteria of a state under international law. is not a member of the United Nations, and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Embassy of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention for the Pacific Settlement of International Disputes, ‘Palestine' is not able to accede to this Convention, and that the Convention for the Pacific Settlement of International Disputes does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine’.

Israel, 04-01-2016

‘Palestine' does not satisfy the criteria for statehood under international law and lacks the legal capacity to join the aforesaid Convention under general international law, as well as under the terms of the bilateral Israeli-Palestinian agreements and of the Convention, including the threshold conditions established pursuant to Article 94. The Government of Israel notes that the role of the depositary is a technical one and that the depositary does not have authority to determine the legal validity or effect of instruments of accession. Accordingly, regardless of any action taken by the depositary regarding the purported instrument of accession in this instance, such actions do not in themselves grant any legal validity or effect to such an instrument. The Government of Israel wishes to place on record, for the sake of clarity, its position that it does not recognize 'Palestine' as a State nor as a party to the Convention, and that it regards the Palestinian request for accession as being without any legal validity or effect.

Reservations, declarations and objections(29 January 2016)

Georgia, 08-01-2016

The Ministry of Foreign Affairs of the Kingdom of the Netherlands by its notification of November 18, 2015, informed the Contracting States on the accession of Kosovo to the above Convention and about the date of its entry into force for Kosovo. Georgia, as well as many other States, does not recognize Kosovo as an independent state. Furthermore, Kosovo is not a member state of the CN. Hence, Georgia regards that accession of Kosovo to the 1907 Convention has no legal validity and, therefore, does not consider itself in a treaty relationship with Kosovo under this Convention. Georgia does not recognize that the depositary has the power to undertake actions under the 1907 Convention for the Pacific Settlements of International Disputes (Article 92), the treaty practice or public international law that may be construed as direct or implied qualification of entities as states. Georgia pursuing its state interests, considers unacceptable and dangerous adoption of such a practice. Having this premise, Georgia objects to the accession of Kosovo to the 1907 Convention and holds the view that the procedure of Kosovo's accession to the Convention shall be suspended.

United States of America, 28-12-2015

The Government of the United States of America does not believe the "State of Palestine" is qualified to accede to the Convention. Consistent with Article 93 of the Convention, accession to the Convention was initially limited to "powers invited to the Second Peace Conference," convened in The Hague in 1907. Article 94 of the Convention further provides that "The conditions on which the powers which have not been invited to the Second Peace Conference may adhere to the present convention shall form the subject of a subsequent agreement between the Contracting Powers." At a March 3, 1960 meeting, the Administrative Council of the Permanent Court of Arbitration, having consulted all parties to the two Hague conventions on the pacific settlement of disputes, decided that after March 15, 1960, the Government of the Netherlands would invite members of the United Nations which did not participate in the activities of the Permanent Court of Arbitration to declare (1) whether they considered themselves parties to the 1899 or 1907 Hague conventions on pacific settlement of disputes, or, if this were not the case, (2) whether they were willing to adhere to these conventions or to one of them. On the basis of this subsequent agreement of the parties to the Convention, eligibility to accede to the Convention has been extended to UN member states. The Government of the United States is not aware of any subsequent decision of the parties to the Convention to extend eligibility to accede to the Convention to entities that are not members of the United Nations. The "State of Palestine" is not a member of the United Nations. Further, the Government of the United States does not believe the "State of Palestine" qualifies as a sovereign State and does not recognize it as such. Because the "State of Palestine" is neither a "power invited to the Second Peace Conference" nor a member of the United Nations, it is not eligible to accede to the Convention. The Government of the United States believes that the Kingdom of the Netherlands, in its capacity as depositary of the Convention, should not list the "State of Palestine" as a party to the Convention. Accordingly, the Government of the United States affirms that it would not consider the "State of Palestine" to be a party to the Convention and would not consider itself to be in a treaty relationship with the "State of Palestine" under the Convention.

Parties(5 January 2016)

Party Signature Provisional application Ratification

S=Signature without reservation or requirement of ratification
R=Ratification, Acceptance, Approval or Notification
A=Accession
Su=Succession
NK=Not Known

Entry into force Renunciation Termination
Kosovo 06-11-2015 (T) 05-01-2016
Palestine 30-10-2015 (T) 29-12-2015

Reservations, declarations and objections(23 December 2015)

Russian Federation, 26-11-2015

The Russian Federation does not consider Kosovo to be a sovereign state and does not recognize it as such. According to the provisions of the Convention, only a State can become its member. Thus, the relevant provisions of the Convention, including provisions regarding the procedure of its entry into force, cannot be applied in respect of the «act of accession» to the Convention of the mentioned entity. In light of the above the Russian Federation does not view itself bound by the Convention with regard to the said entity.

Parties(17 November 2015)

Party Signature Provisional application Ratification

S=Signature without reservation or requirement of ratification
R=Ratification, Acceptance, Approval or Notification
A=Accession
Su=Succession
NK=Not Known

Entry into force Renunciation Termination
Palestine 30-10-2015 (T) 29-12-2015

Parties(6 November 2015)

Party Signature Provisional application Ratification

S=Signature without reservation or requirement of ratification
R=Ratification, Acceptance, Approval or Notification
A=Accession
Su=Succession
NK=Not Known

Entry into force Renunciation Termination
Kosovo 06-11-2015 (T) 05-01-2016

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