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II.5.130 (CMR PROTOCOL 1978) PROTOCOL TO THE CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD, 1978

The Ratification of Maritime Conventions

Chapter I.5.130

PROTOCOL TO THE CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD, 1978

ADOPTED: Done at Geneva, 5 July 1978
REFERENCE: CMR (PROT.) 1978
ENTERED INTO FORCE: 28 December 1980
DEPOSITARY: Secretary-General, United Nations
SECRETARY: Secretary-General, United Nations

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article III

1. This Protocol shall be open for signature by States which are signatories to, or have acceded to the Convention and are either members of the Economic Commission for Europe or have been admitted to that Commission in a consultative capacity under paragraph 8 of that Commission’s terms of reference.

2. This Protocol shall remain open for accession by any of the States referred to in paragraph 1 of this article which are Parties to the Convention.

3. Such States as may participate in certain activities of the Economic Commission for Europe in accordance with paragraph 11 of that Commission’s terms of reference which have acceded to the Convention may become Contracting Parties to this Protocol by acceding thereto after its entry into force.

4. This Protocol shall be open for signature at Geneva from 1 September 1978 to 31 August 1979 inclusive. Thereafter, it shall be open for accession.

5. This Protocol shall be subject to ratification after the State concerned has ratified or acceded to the Convention.

6. Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.

7. Any instrument of ratification or accession deposited after the entry into force of an amendment to the present Protocol with respect to all Contracting Parties or after the completion of all measures required for the entry into force of the amendment with respect to all Contracting Parties shall be deemed to apply to the Protocol as modified by the amendment.

ENTRY INTO FORCE

Article IV

1. This Protocol shall enter into force on the ninetieth day after five of the States referred to in article III, paragraphs 1 and 2 of this Protocol, have deposited their instruments of ratification or accession.

2. For any State ratifying or acceding to it after five States have deposited their instruments of ratification or accession, this Protocol shall enter into force on the ninetieth day after the said State has deposited its instrument of ratification or accession.

DENUNCIATION

Article V

1. Any Contracting Party may denounce this Protocol by so notifying the Secretary-General of the United Nations.

2. Denunciation shall take effect twelve months after the date of receipt by the Secretary-General of the notification of denunciation.

3. Any Contracting Party which ceases to be Party to the Convention shall on the same date cease to be Party to this Protocol.

DURATION

If, after the entry into force of this Protocol, the number of Contracting Parties is reduced, as a result of denunciations, to less than five, this Protocol shall cease to be in force from the date on which the last of such denunciations take effect. It shall also cease to be in force from the date on which the Convention ceases to be in force.

SETTLEMENT OF DISPUTES

Article VIII

Any dispute between two or more Contracting Parties relating to the Interpretation or application of this Protocol which the Parties are unable to settle by negotiation or other means may, at the request of any one of the Contracting Parties concerned, be referred for settlement to the International Court of Justice.

RESERVATIONS

Article IX

1. Each Contracting Party may, at the time of signing, ratifying, or acceding to this Protocol, declare by a notification addressed to the Secretary-General of the United Nations that it does not consider itself bound by article VIII of this Protocol. Other Contracting Parties shall not be bound by article VIII of this Protocol in respect of any Contracting Party which has entered such a reservation.

2. The declaration referred to in paragraph 1 of this article may be withdrawn at any time by a notification addressed to the Secretary-General of the United Nations.

3. No other reservation to this Protocol shall be permitted.

AMENDMENTS

Article X

1. After this Protocol has been in force for three years, any Contracting Party may, by notification to the Secretary-General of the United Nations, request that a Conference be convened for the purpose of reviewing this Protocol. The Secretary-General shall notify all Contracting Parties of the request and review conference shall be convened by the Secretary-General if, within a period of four months following the date of notification by the Secretary-General not less than one-fourth of the Contracting Parties notify him of their concurrence with the request.

2. If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all the Contracting Parties and invite them to submit within a period of three months such proposals as they may wish the conference to consider. The Secretary-General shall circulate to all Contracting Parties the provisional agenda for the conference together with the texts of such proposals at least three months before the date on which the Conference is to meet.

3. The Secretary-General shall invite to any conference convened in accordance with this article all States referred to in article III, paragraphs 1 and 2 and States which have become Contracting Parties under article III, paragraph III of this Protocol.

TERRITORIAL APPLICATION

Article VII

1. Any State may, at the time of depositing its instrument of ratification or accession or at any time thereafter, declare by a notification addressed to the Secretary-General of the United Nations that this Protocol shall extend to all or any of the territories for whose international relations it is responsible and in respect of which it has made a declaration in accordance with article XLVI of the Convention. This Protocol shall extend to the territory or territories named in the notification as from the ninetieth day after its receipt by the Secretary-General or, if on that day the Protocol has not yet entered into force, as from the time of its entry into force.

2. Any State which has made a declaration under the preceding paragraph extending this Protocol to any territory for whose international relations it is responsible may denounce the Protocol separately in respect of that territory in accordance with the provisions of article V above.

DECLARATIONS AND RESERVATIONS

(unless otherwise indicated, the declarations and reservations were made upon ratification or accession)

France

The Government of the French Republic referring to article IX of the Protocol, declares that it does not consider itself bound by article VIII, which provides for the compulsory jurisdiction of the International Court of Justice.

Romania

Reservation made upon signature and confirmed upon ratification:

The Socialist Republic of Romania declares, pursuant to article IX of the Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR), done at Geneva on 19 May 1956, that it does not consider itself bound by article VIII of the Protocol, under which any dispute between two or more Contracting Parties relating to the interpretation or application of the Protocol which the Parties are unable to settle by negotiation or other means may, at the request of any one of the Contracting Parties concerned, be referred to the International Court of Justice.

The Socialist Republic of Romania considers that such disputes may be referred to the International Court of Justice only with the consent of all parties to the dispute in each individual case.

Declarations made upon signature and confirmed upon ratification:

The Socialist Republic of Romania further declares that the provisions of article III, paragraphs 1 and 2, of the Protocol are not in keeping with the principle that multilateral international treaties must be open for participation by all States for which the aim and purpose of such treaties are of concern.

The Socialist Republic of Romania likewise declares that the maintenance of the dependent status of certain territories, to which reference is made in article VII of the Protocol, is not in conformity with the Charter of the United Nations concerning the granting of independence to colonial countries and peoples, including the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations unanimously adopted in 1970 by the General Assembly in its resolution 2625 (XXV), which solemnly proclaims the duty of States to promote realization of the principle of equal rights and self-determination of peoples in order to bring a speedy end to colonialism.

Switzerland

Declaration:

With reference to new paragraphs 7 and 9 of article XXIII of the CMR, which have been added in accordance with article II of the Protocol, the Swiss Federal Council declares that Switzerland calculates the value of its national currency in terms of the Special Drawing Right (SDR) in the following manner:

Each day, the Swiss National Bank (BNS) communicates to the International Monetary Fund (IMF) the average rate for the United States Dollar on the Zurich currency market. The exchange value of an SDR in Swiss Francs is obtained using the exchange rate for the dollar and the exchange rate of the SDR against the Dollar, as calculated by IMF. On the basis of those values, BNS calculates an average rate for the SDR, which it publishes in its monthly bulletin.

Turkey

The Republic of Turkey does not consider itself bound by article 8 of the Additional Protocol, under which any dispute between two or more Contracting Parties relating to the interpretation or application of the Convention which is not settled by negotiation or other means may, at the request of any of the Contracting Parties concerned, be referred to the International Court of Justice.

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