• [translation] “The Argentine Republic rejects the extension of the application of the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, done at Brussels on 29 November 1969, to the Malvinas Islands, South Georgia and South Sandwich Islands, notified by the United Kingdom of Great Britain and Northern Ireland to the Secretary-General of the International Maritime Organization (IMO) on 9 September 1982, and reaffirms its sovereign rights over the Malvinas Islands, South Georgia and South Sandwich Islands which form an integral part of its national territory. The General Assembly of the United Nations has adopted resolutions 2065(XX), 3160(XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21 and 41/40, which recognize the existence of a dispute over sovereignty relating to the archipelago, urging the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to negotiate in order to find, as soon as possible, peaceful and definitive solution to the dispute through the good offices of the Secretary-General of the United Nations who is to report to the General Assembly on the progress made.
• The Argentine Republic also rejects the extension of the Convention to the so-called “British Antarctic Territory” and reaffirms the rights of the Republic over the Argentine Antarctic Sector, including those rights relating to its sovereignty or corresponding maritime jurisdiction. It also recalls the safeguards concerning claims to territorial sovereignty in Antarctica provided in article IV of the Antarctic Treaty signed at Washington on 1 December 1959 to which the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are Parties.
• Similarly, the Argentine Republic reserves the right to take measures in the maritime areas under its sovereignty and to submit to its jurisdiction and courts any incidents occurring in the said zone.”

note: The depositary received the following communication dated 4 August 1987 from the United Kingdom Foreign and Commonwealth Office:

• “The Government of the United Kingdom of Great Britain and Northern Ireland cannot accept the reservation made by the Argentine Republic regarding the Falkland Islands and South Georgia and the South Sandwich Islands. The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to United Kingdom sovereignty over the Falkland Islands and, accordingly, their right to extend the application of the Convention to the Falkland Islands.
• While noting the Argentine reference to the provisions of Article IV of the Antarctic Treaty signed at Washington on 1 December 1959, the Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to the sovereignty of the United Kingdom over the British Antarctic Territory, and to the right to extend the application of the Convention in question to that Territory.”

Australia

The instrument of ratification of the Commonwealth of Australia was accompanied by the following declaration:

• “Australia recalls the statement made by the Australian Delegation to the International Conference on Marine Pollution, 1973 which was in the following terms:
• …Australia believes that no coastal State would refrain from taking whatever action was necessary to protect areas under its jurisdiction from serious environmental damage and it believes that this right of a coastal State to intervene on the high seas to protect areas under its jurisdiction is recognized under customary international law.
• In becoming a party to the Convention, Australia declares that it believes that it may still take action to protect areas and resources under its jurisdiction which is permitted under customary international law and which is consistent with the Convention.”

Bulgaria

The instrument of accession of the People’s Republic of Bulgaria contained the following declaration (in the Bulgarian language):

• [translation] “The People’s Republic of Bulgaria consider that:
• (a) The provisions of article 9, paragraph 2 of the Convention which restrict the opportunity for certain States to become party to the Convention have discriminatory character and they are contrary to the generally recognized principle of the Sovereign equality of States.
• (b) The provisions of article 13 of the Convention are not in accordance with the UN Declaration on the Granting of Independence to Colonial Countries and Peoples (resolution 1514/XV/December 14, 1960) which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.”

Cuba

The instrument of accession of the Republic of Cuba contained the following declarations (in the Spanish language):

• [translation] “In connexion with the provision of article 1, paragraph 2, the Republic of Cuba wishes to record that, in deciding to become a Party to the present Convention, it has done so with the desire of reconciling in this exceptional case, within the framework of this Convention, the principle, consistently maintained by our Government, of ‘Sovereign Immunity of Ships owned or operated by a State’ with the interest of protecting the marine environment and connected interests of coastal States.
• Also we reaffirm the position that our merchant ships enjoy the right of sovereign immunity.
• The provisions of article IX, paragraph 2, establishing which States will have the right to become Parties to the Convention are of a discriminatory nature and are contrary to the principle of universality, based on the sovereignty and equality of all States.
• We consider the provisions of article XIII, according to which the Contracting Parties may extend the Convention to those territories for whose international relations they are responsible, as obsolete and in contradiction with the Declaration of the United Nations on the granting of independence and sovereignty to colonial peoples (resolution 1514(XV) of 14 December 1960 of the United Nations).”

note: On 16 October 1978 the depositary received communications from the Government of France (in the French language) and the Government of the Federal Republic of Germany (in the English language), deposited concurrently and stating the following:

• “The Government of [the Federal Republic of Germany][France] has taken note of the declaration made by the Government of Cuba in connection with its accession to the Convention of 1969 relating to Intervention on the High Seas in Cases of Oil Pollution Casualties.
• It takes this opportunity to reaffirm once more that according to international law and the Brussels Convention of April 1926, ships operated by a State but used on commercial service do not enjoy the immunities granted to State ships.”

The depositary received the following communication (in the English language) dated 9 March 1979 from the Chargé d’affaires, Embassy of Japan, London.

• “It is the understanding of the Government of Japan that the aforementioned Declaration is not intended to have the effect that the Republic of Cuba may claim sovereign immunity with respect to its ships used for commercial purposes, when measures are to be taken against such ships in accordance with the provisions of the Convention.”

German Democratic Republic

The instrument of accession of the German Democratic Republic was accompanied by the following declarations (in the German language):

• [translation] “The German Democratic Republic takes note of the statement made by the Federal Republic of Germany on the application of the provisions of the Convention to Berlin (West) and proceeds on the understanding that the application of the provisions of the Convention to Berlin (West) shall be in conformity with the Quadripartite Agreement of 3 September 1971 according to which Berlin (West) is not a constituent part of the Federal Republic of Germany and is not to be governed by it.
• The German Democratic Republic considers that the provision of article IX, paragraph 2, of the Convention is inconsistent with the principle that all States pursuing their policies in accordance with the purposes and principles of the Charter of the United Nations shall have the right to become parties to conventions affecting the interests of all States.
• The position of the German Democratic Republic on article XIII of the Convention, as far as the application of the Convention to colonial and other dependent territories is concerned, is governed by the provisions of the United Nations Declaration on the Granting of Independence to Colonial Countries and Peoples (resolution 1514(XV) of 14 December 1960) proclaiming the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.”

Syrian Arab Republic

The instrument of accession of the Syrian Arab Republic contains the following sentence (in the Arabic language):

• [translation] “ . . . this accession [to the Convention] in no way implies recognition of Israel and does not involve the establishment of any relations with Israel arising from the provisions of this Convention.”

U.S.S.R.

The instrument of accession of the Union of Soviet Socialist Republics was accompanied by the following declaration (in the Russian language):

• [translation] “In acceding to the Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, the Union of Soviet Socialist Republics considers it necessary to declare that:
• (a) the provisions of paragraph 2 of article IX of the Convention, according to which certain States may not become Party to the latter is of a discriminatory nature and conflicts with the universally recognized principle of the sovereign equality of States, and
• (b) the provisions of article XIII of the Convention laying down that the Contracting Parties may extend it to territories for whose international relations they are responsible are obsolete and conflict with the Declaration of the United Nations Organization on the granting of independence to colonial countries and peoples (resolution 1514(XV) of 14 December 1960).”