Verdrag van Wenen ter bescherming van de ozonlaag
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Andorra | Ja | Nee |
Heilige Stoel | Ja | Nee |
Israël | Ja | Nee |
Mauritius | Ja | Nee |
Nederlanden, het Koninkrijk der | Ja | Nee |
Nieuw-Zeeland | Ja | Nee |
Palestina | Ja | Nee |
Spanje | Ja | Nee |
Verenigde Staten van Amerika | Ja | Nee |
Andorra
26-01-2009
The Principality of Andorra accepts as compulsory the means of dispute as described in article 11 paragraph 3 (a) of the Convention: the submission of the dispute to the International Court of Justice.
Heilige Stoel
05-05-2008
In acceding to the Vienna Convention on the Protection of the Ozone Layer and the
Montreal Protocol on Substances that Deplete the Ozone Layer, as well as its four
Amendments: London (1990), Copenhagen (1992), Montreal (1997) and Beijing (1999),
the Holy See desires to encourage the entire International Community to be resolute
in promoting authentic cooperation between politics, science and economics. Such cooperation,
as has been shown in the case of the ozone regime, can achieve important outcomes,
which make it simultaneously possible to safeguard creation, to promote integral human
development and to care for the common good, in a spirit of responsible solidarity
and with profound positive repercussions for present and future generations.
In conformity with its own nature and with the particular character of Vatican City
State, the Holy See, by means of the solemn act of accession, intends to give its
own moral support to the commitment of States to the correct and effective implementation
of the Treaties in question and to the attaining of the mentioned objectives. To this
end, it expresses the wish that by recognizing 'the signs of [an economic growth]
that has not always been able to protect the delicate balances of nature' (Homily
of Pope Benedict XVI at Loreto, 2 September 2007), all actors will intensify the aforesaid
cooperation and strengthen 'the alliance between man and the environment, which must
mirror the creative love of God, from whom we come and to whom we are bound'(Benedict
XVI, After the Angelus, 16 September 2007).
Israël
10-05-2019
The Permanent Mission of Israel to the United Nations presents its compliments to
the Secretary General of the United Nations, in his capacity as depositary of the
Vienna Convention for the Protection of the Ozone Layer, dated 22 March 1985, and
has the honor to refer to the Palestinian request to accede to this Convention (C.N.92.2019.TREATIES-XXVII.2).
‘Palestine’ does not satisfy the criteria for statehood under international law and
lacks the legal capacity to join the aforesaid Convention both under general international
law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize ‘Palestine’ as a State, and wishes to
place on record, for the sake of clarity, its position that it does not consider ‘Palestine’
a party to the Convention and regards the Palestinian request for accession as being
without legal validity and without effect upon Israel’s treaty relations under the
Convention.
Mauritius
09-01-2020
(…) has the honour to register its strong objection against the extension by the United
Kingdom of Great Britain and Northern Ireland to the socalled ‘British Indian Ocean
Territory’, of the Agreements listed at Annex and in respect of which the Secretary-General
is the depositary.
The Government of the Republic of Mauritius considers that by extending these Agreements
to the so-called ‘British Indian Ocean Territory’, the United Kingdom purported to
exercise sovereignty over the Chagos Archipelago - a claim which is untenable under
international law.
The Government of the Republic of Mauritius wishes to reiterate in emphatic terms
that it does not recognize the so-called ‘British Indian Ocean Territory’. The fact
that the Chagos Archipelago is, and has always been, part of the territory of the
Republic of Mauritius, and that the United Kingdom has never had sovereignty over
the Chagos Archipelago, has been authoritatively established by the International
Court of Justice in its Advisory Opinion of 25 February 2019, on the Legal Consequences
of the Separation of the Chagos Archipelago from Mauritius in 1965.
In this authoritative legal determination, the Court declared that the decolonization
of the Republic of Mauritius had not been lawfully completed in 1968, since the Chagos
Archipelago had been unlawfully detached in 1965, in violation of the right of self-determination
of peoples and the Charter of the United Nations, as applied and interpreted in accordance
with UN General Assembly resolution 1514 (XV) of 14 December 1960, resolution 2066
(XX) of 16 December 1965, resolution 2232 (XXI) of 20 December 1966 and resolution
2357 (XXII) of 19 December 1967. Accordingly, it went on to hold that the United Kingdom’s
ongoing administration of the Chagos Archipelago, as the so-called ‘British Indian
Ocean Territory’, was an internationally wrongful act, of a continuing nature, that
engaged the State responsibility of the United Kingdom. It determined that the United
Kingdom is under a legal obligation to terminate its unlawful colonial administration
‘as rapidly as possible’.
The Court further determined that all UN Member States have an obligation to cooperate
with the United Nations in facilitating the completion of the decolonization of the
Republic of Mauritius as rapidly as possible, including an obligation not to support
the continuing wrongful conduct of the United Kingdom in maintaining its colonial
administration in the Chagos Archipelago.
On 22 May 2019, the General Assembly, by an overwhelming majority of 116 votes to
6, adopted resolution 73/295. By this resolution, it endorsed the Court’s Advisory
Opinion, affirmed that the Chagos Archipelago forms an integral part of the territory
of the Republic of Mauritius, and demanded that the United Kingdom terminate its unlawful
colonial administration within a maximum of six months, that is, by no later than
22 November 2019. That deadline has now expired.
Moreover, the General Assembly in its resolution called upon Member States to ‘cooperate
with the United Nations to ensure the completion of the decolonization of Mauritius
as rapidly as possible’ and to refrain from conduct that might impede or delay the
completion of decolonization. It further called upon the United Nations and all its
specialized agencies to recognize that the Chagos Archipelago forms an integral part
of the territory of the Republic of Mauritius, to support the decolonization of the
Republic of Mauritius as rapidly as possible, and to refrain from impeding that process
by recognizing the so-called ‘British Indian Ocean Territory’. Lastly, the resolution
also called upon ‘all other international, regional and intergovernmental organizations,
including those established by treaty,’ to recognize that the Chagos Archipelago forms
an integral part of the territory of the Republic of Mauritius, to support its speedy
decolonization, and to ‘refrain from impeding that process’ by recognizing the so-called
‘British Indian Ocean Territory’.
The Republic of Mauritius has, over the years, consistently asserted, and hereby reasserts,
its full sovereignty over the Chagos Archipelago. The Government of the Republic of
Mauritius therefore unequivocally protests against the extension by the United Kingdom
of the Agreements listed at Annex to the so-called ‘British Indian Ocean Territory’
and against the purported exercise by the United Kingdom of any sovereignty, rights
or jurisdiction within the territory of the Republic of Mauritius.
For the above stated reasons, which arise from established principles of international
law as authoritatively interpreted and applied by the International Court of Justice
and endorsed by the UN General Assembly, the Government of the Republic of Mauritius
does not recognize the extension by the United Kingdom of the Agreements listed at
Annex to the so-called ‘British Indian Ocean Territory’, reserves all its rights in
this regard, and calls upon all States Parties to the Agreements listed at Annex to
reject the United Kingdom's extension of these Agreements to the so-called ‘British
Indian Ocean Territory’.
--
See depositairy notification no. C.N.47.2020.TREATIES-XXVII.2 for the Annex (list
of Agreements).
Nederlanden, het Koninkrijk der
28-09-1988
In accordance with article 11, paragraph 3, of the Convention the Kingdom of the Netherlands
accepts for a dispute not resolved in accordance with paragraph 1 or paragraph 2 of
article 11 of the above-mentioned Convention, both of the following means of dispute
settlement as compulsory:
(a) Arbitration in accordance with procedures to be adopted by the Conference of the
Parties at its first ordinary meeting;
(b) Submission of the dispute to the International Court of Justice.
Nieuw-Zeeland
17-03-2004
In respect of the Cook Islands:
"... the Government of New Zealand ratified the Convention on 2 June 1987;
... the Government of New Zealand declared, on ratification, that its ratification
extended to the Cook Islands;
... the Cook Islands is a self-governing State in a relationship of free association
with New Zealand, and possesses in its own right the capacity to enter into treaties
and other international agreements with governments and regional and international
organisations;
... the Government of the Cook Islands acceded to the Convention in its own right
on 22 December 2003;
... the Government of New Zealand declares that, by reason of the accession to the
Convention by the Government of the Cook Islands, it regards the Government of Cook
Islands as having succeeded to the obligations under the Convention of the Government
of New Zealand in respect of the Cook Islands,
... [the Government of New Zealand] declares that, accordingly, as from the date of
the accession to the Convention by the Government of the Cook Islands, the Government
of New Zealand ceased to have State responsibility for the observance of the obligations
under the Convention in respect of the Cook Islands."
In respect of Niue:
"... the Government of New Zealand ratified the Convention on 2 June 1987;
... the Government of New Zealand declared, on ratification, that its ratification
extended to Niue;
... Niue is a self-governing State in a relationship of free association with New
Zealand, and possesses in its own right the capacity to enter into treaties and other
international agreements with governments and regional and international organisations;
... the Government of Niue acceded to the Convention in its own right on 22 December
2003;
... the Government of New Zealand declares that, by reason of the accession to the
Convention by the Government of Niue, it regards the Government of Niue as having
succeeded to the obligations under the Convention of the Government of New Zealand
in respect of Niue,
... [the Government of New Zealand] further declares that, accordingly, as from the
date of the accession to the Convention by the Government of Niue, the Government
of New Zealand ceased to have State responsibility for the observance of the obligations
under the Convention in respect of the territory of Niue."
Palestina
07-09-2020
The Ministry of Foreign Affairs and Expatriates of the State of Palestine presents
his compliments to the Secretary-General of the United Nations, in his capacity as
Depositary, and has the honor to refer to depositary notification C.N.162.2019.TREATIES-XXVII.2,
dated 10 May 2019, conveying a communication of the United States regarding the accession
of the State of Palestine to the Vienna Convention for the Protection of the Ozone
Layer, dated 22 March 1985.
The Government of the State of Palestine regrets the position of the United States
and wishes to recall the United Nations General Assembly resolution 67/19 of 29 November
2012 according to which Palestine was accorded a ‘Non-member Observer State status
in the United Nations’. In this regard, Palestine is a State recognized by the United
Nations General Assembly on behalf of the international community.
As a State Party to the Vienna Convention for the Protection of the Ozone Layer, dated
22 March 1985, which [entered] into force on 16 June 2019 for the State of Palestine,
the State of Palestine will exercise its rights and honor its obligations with respect
to all States Parties. The State of Palestine trusts that its rights and obligations
will be equally respected by its fellow States Parties.
07-09-2020
The Ministry of Foreign Affairs and Expatriates of the State of Palestine presents
his compliments to the Secretary-General of the United Nations, in his capacity as
Depositary, and has the honor to refer to depositary notification C.N.164.2019.TREATIES-XXVII.2,
dated 10 May 2019, conveying a communication of Israel regarding the accession of
the State of Palestine to the Vienna Convention for the Protection of the Ozone Layer,
dated 22 March 1985.
The Government of the State of Palestine regrets the position of Israel and wishes
to recall the United Nations General Assembly resolution 67/19 of 29 November 2012
according to which Palestine was accorded a ‘Non-member Observer State status in the
United Nations’. In this regard, Palestine is a State recognized by the United Nations
General Assembly on behalf of the international community.
As a State Party to the Vienna Convention for the Protection of the Ozone Layer, dated
22 March 1985, which [entered] into force on 16 June 2019 for the State of Palestine,
the State of Palestine will exercise its rights and honor its obligations with respect
to all States Parties. The State of Palestine trusts that its rights and obligations
will be equally respected by its fellow States Parties.
Spanje
17-04-2015
1. Gibraltar is a Non-Self-Governing Territory for whose international relations the
Government of the United Kingdom is responsible and which is subject to a process
of decolonization in accordance with the relevant decisions and resolutions of the
General Assembly.
2. The authorities of Gibraltar are local in character, and exercise competences exclusively
over internal affairs that originate in and are based on the powers allocated to and
conferred on them by the United Kingdom, in accordance with its domestic legislation
and in its capacity as the sovereign State upon which depends the said Non-Self-Governing
Territory.
3. Consequently, any involvement by the Gibraltarian authorities in the implementation
of this Convention shall be understood to take place exclusively within the framework
of the internal affairs of Gibraltar and shall not be considered to affect in any
way the content of the two preceding paragraphs.
4. The procedure envisaged in the “Arrangements relating to Gibraltar authorities
in the context of Mixed Agreements (2007)” which was agreed by Spain and the United
Kingdom on 19 December 2007, together with "Agreed Arrangements relating to Gibraltar
authorities in the context of European Union and European Community Instruments and
Related Treaties" of 19 April 2000, applies to the present Convention.
5. The application of the present Convention to Gibraltar cannot be interpreted as
recognition of any rights or situations involving matters not included in Article
10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great
Britain.
Verenigde Staten van Amerika
10-05-2019
The United States Mission to the United Nations presents its compliments to the Executive
Office of the Secretary-General of the United Nations and refers to the U.N. Secretary-General’s
depositary notification C.N.92.2019.TREATIES-XXVII.2, dated March 19, 2019, regarding
the purported accession of the ‘State of Palestine’ to the Vienna Convention for the
Protection of the Ozone Layer, done at Vienna March 22, 1985 (the Convention), for
which the Secretary-General of the United Nations is the depositary.
The Government of the United States of America does not believe the ‘State of Palestine’
qualifies as a sovereign State and does not recognize it as such. Accession to the
Convention is limited to sovereign States and regional economic integration organizations.
Therefore, the Government of the United States of America believes that the ‘State
of Palestine’ is not qualified to accede to the Convention and affirms that it will
not consider itself to be in a treaty relationship with the ‘State of Palestine’ under
the Convention.