Vorbehalte und Erklärungen für Vertrag Nr.023 - Europäisches Übereinkommen zur friedlichen Beilegung von Streitigkeiten

In Kraft befindliche Erklärungen zum heutigen Datum
Datum 09/05/2021

Belgien

Declaration made at the time of deposit of the instrument of ratification, on 20 April 1970 - Or. Fr.

In accordance with the provisions of Article 34 (1) of the Convention, Belgium will not be bound by Chapter III relating to arbitration.
In Kraft: 20/04/1970 -
Artikel betroffen : 34


Frankreich

Declaration made at the time of signature, on 29 April 1957 - Or. Fr.

The French Government's acceptance will not apply to Chapter III of the said Convention, relating to arbitration.
Artikel betroffen : 34


Italien

Declaration made at the time of deposit of the instrument of ratification, on 29 January 1960 - Or. Fr.

The Italian Government declared that it intended to avail itself of the option contained in Article 34, paragraph 1 b, of the Convention, and that the present ratification would therefore not apply to Chapters II and III relating to conciliation and arbitration.
In Kraft: 29/01/1960 -
Artikel betroffen : 34


Malta

Declaration contained in a letter from the Minister for Foreign Affairs of Malta, dated 2 September 1983, registered at the Secretariat General on 5 September 1983 - Or. Engl.

I have the honour to refer to the Declaration made by the Government of Malta with respect to the European Convention for the Peaceful Settlement of Disputes (Strasbourg, 29 April 1957) and annexed to the Instrument of Ratification of the said Convention, signed on behalf of the Government of Malta on 28 February 1967, whereby, in regard to Chapter 1 of the said Convention the Government of Malta accepted the compulsory jurisdiction of the International Court of Justice subject to the conditions and reservations therein contained or referred to, including the reservation of the right at any time by means of a notification addressed to the Secretary General of the Council of Europe and with effect from the moment of such notification, to add to, amend or withdraw any of the reservations contained in that Declaration.
Further and pursuant to the above, the Government of Malta hereby gives notice that, with effect from the moment this notification is received by you, the acceptance by the Government of Malta of the Jurisdiction of the International Court of Justice shall be limited to all disputes with Malta other than:
1. the disputes mentioned in sub-paragraphs i to viii, both inclusive, of the said Declaration, and
2. the following categories of disputes, that is to say: "disputes with Malta concerning or relating to:
a. its territory, including the territorial sea, and the status thereof;
b. the continental shelf or any other zone of maritime jurisdiction and the resources thereof;
c. the determination or delimitation of any of the above;
d. the prevention or control of pollution or contamination of the marine environment in marine areas adjacent to the coast of Malta."

The Government of Malta confirms the reservation of the right at any time, by means of a notification addressed to the Secretary General of the Council of Europe, and with effect as from the moment of notification, to add to, amend or withdraw any of the foregoing reservations or any that may hereafter be added.

The Government of Malta further declares that the above reservations are made following similar reservations made with respect to acceptance of the Compulsory jurisdiction of the International Court of Justice under paragraph 2 of Article 36 of the Statute of the said Court.
In Kraft: 05/09/1983 -
Artikel betroffen : 35

Reservation made at the time of signature, on 12 December 1966, and confirmed in the Annex of the instrument of ratification, deposited on 28 February 1967 - Or. Engl.

The Government of Malta declares, in accordance with the provisions of Articles 35 of the Convention, that:
In regard to Chapter I, it accepts as compulsory ipso facto and without special convention, on condition of reciprocity, the jurisdiction of the International Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to terminate the acceptance, over all disputes other than:
i. disputes in regard to which the Parties to the dispute have agreed or shall agree to have recourse to some other method of peaceful settlement;
ii. disputes with the Government of any other country which is a Member of the British Commonwealth of Nations, all of which disputes shall be settled in such manner as the parties have agreed or shall agree;
iii. disputes with regard to questions which by international law fall exclusively within the jurisdiction of Malta;
iv. disputes concerning any question relating to or arising out of belligerent or military occupation or the discharge of any functions pursuant to any recommendation or decision of an organ of the United Nations, in accordance with which the Government of Malta have accepted obligations;
v. disputes arising under a multilateral treaty, unless (1) all Parties to the treaty affected by the decision are also Parties to the case before the Court, or (2) the Government of Malta specially agrees to jurisdiction;
vi. disputes relating to any matter excluded from compulsory adjudication or arbitration under any treaty, convention or other international agreement or instrument to which Malta is a party;
vii. disputes in respect of which arbitral or judicial proceedings are taking or have taken place with any State which, at the date of the commencement of the proceedings, had not itself accepted the compulsory jurisdiction of the International Court of Justice; and
viii. disputes in respect of which any other party to the dispute has accepted the compulsory jurisdiction of the International Court of Justice only in relation to or for the purposes of the dispute; or where the acceptance of the Court's compulsory jurisdiction on behalf of any other party to the dispute was deposited or ratified less than twelve months prior to the filing of the application bringing the dispute before the Court.

The Government of Malta also reserves the right at any time, by means of a notification addressed to the Secretary General of the Council of Europe, and with effect as from the moment of such notification either to add to, amend or withdraw any of the foregoing reservations or any that may hereafter be added.
In Kraft: 28/02/1967 -
Artikel betroffen : 35

Reservation made at the time of signature, on 12 December 1966, and confirmed in the Annex of the instrument of ratification, deposited on 28 February 1967 - Or. Engl.

The Government of Malta declares, in accordance with the provisions of Articles 34 of the Convention, that it does not consider itself bound by the provisions of Chapter III of the Convention.
In Kraft: 28/02/1967 -
Artikel betroffen : 34


Niederlande

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986 - Or. Engl.

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.
As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.
Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.
List of Conventions referred to by the Declaration
......
23. European Convention for the Peaceful Settlement of Disputes (1957).
......
In Kraft: 01/01/1986 -
Artikel betroffen : -

Declaration contained in the instrument of ratification, deposited on 7 July 1958 - Or. Fr.

We declare that our acceptance does not apply to Chapter III relating to arbitration.

[Note by the Secretariat: The Netherlands confirm the above mentioned reservation for Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) as from 10 October 2010. The reservation remains valid for the European part of the Netherlands and Aruba.
See also the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.]
In Kraft: 07/07/1958 -
Artikel betroffen : 34

Declaration contained in the instrument of ratification, deposited on 7 July 1958 - Or. Fr.

We approve herewith, for the Kingdom in Europe, Surinam, the Netherlands Antilles and Netherlands New Guinea, in respect of all the provisions contained therein, the Convention reproduced above.

Notes by the Secretariat:
The Convention no longer applies to Surinam since this territory became independent on 25 November 1975.
As of 10 October 2010, the term "the Netherlands Antilles" should be read as "Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba)" – see the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom. ]
In Kraft: 07/07/1958 -
Artikel betroffen :


Schweden

Declaration contained in the instrument of ratification, deposited on 30 April 1958 - Or. Fr.

We accept, approve and ratify with the exception of Chapter III relating to arbitration.
In Kraft: 30/04/1958 -
Artikel betroffen : 34


Slowakische Republik

Declaration contained in the instrument of ratification deposited on 7 May 2001 - Or. Engl.

In accordance with the provisions of Article 34, paragraph 1, subparagraph a), of the Convention, the Slovak Republic will not be bound by Chapter III relating to arbitration.
In Kraft: 07/05/2001 -
Artikel betroffen : 34


Vereinigtes Königreich

Reservation made at the time of deposit of the instrument of ratification, on 7 December 1960 - Or. Engl.

In accordance with Article 35 of the said Convention:
i. the reservations subject to which the Government of the United Kingdom have accepted the compulsory jurisdiction of the International Court of Justice shall apply to the said Convention in so far as they are relevant and are not covered by other provisions thereof;
ii. Chapter II of the said Convention shall not apply to any dispute which concerns any or all of the non-metropolitan territories of the United Kingdom (other than the Channel Islands or the Isle of Man) for whose international relations the Government of the United Kingdom are responsible.

I have also to inform you that the reservations referred to in sub-paragraph (b)(i) above were communicated to the Secretary General of the United Nations by the United Kingdom Representative to the United Nations in Notes dated the 12th and 18th of April 1957.
In Kraft: 07/12/1960 -
Artikel betroffen : 35

Declaration made at the time of deposit of the instrument of ratification, on 7 December 1960 - Or. Engl.

In accordance with paragraph 1 of Article 34 of the said Convention, the Government of the United Kingdom will not be bound by Chapter III of the said Convention.
In Kraft: 07/12/1960 -
Artikel betroffen : 34


Quelle : Vertragsbüro auf http://conventions.coe.int - * Disclaimer.