Reservations and Declarations for Treaty No.023 - European Convention for the Peaceful Settlement of Disputes

Nature of declaration : Reservations
Status as of 24/07/2019

Malta

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.
Period covered: 28/02/1967 -
Articles concerned : 34

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.
Period covered: 28/02/1967 -
Articles concerned : 35

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.
Period covered: 05/09/1983 -
Articles concerned : 35


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