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II.7.400 (KUWAIT REGIONAL SEAS, 1978) KUWAIT REGIONAL CONVENTION FOR CO-OPERATION ON THE PROTECTION OF THE MARINE ENVIRONMENT FROM POLLUTION, 1978

The Ratification of Maritime Conventions

Chapter I.7.400

(KUWAIT REGIONAL SEAS 1978) KUWAIT REGIONAL CONVENTION FOR CO-OPERATION ON THE PROTECTION OF THE MARINE ENVIRONMENT FROM POLLUTION, 1978

ADOPTED: Done in Kuwait on 23 April 1978
REFERENCE: KUWAIT REGIONAL SEAS CONVENTION, 1978
ENTERED INTO FORCE: 1 July 1979
DEPOSITARY: Government of the State of Kuwait
SECRETARY: UNEP

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, ACCESSION

Article XXVI

The present Convention together with the Protocol concerning Regional Co-operation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency shall be open for signature in Kuwait from 24 April to 23 July 1978 by any State invited as a participant in the Kuwait Regional Conference of Plenipotentiaries on the Protection and Development of the Marine Environment and the Coastal Areas, convened from 15 to 23 April 1978 for the purpose of adopting the Convention and the Protocol.

Article XXVII

(a) The present Convention together with the Protocol concerning Regional Co-operation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency and any other protocol thereto shall be subject to ratification, acceptance, or approval by the States referred to in Article XXVI.

(b) As from 24 July 1978, this Convention together with the Protocol concerning Regional Co-operation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency shall be open for accession by the States referred to in Article XXVI.

(c) Any State which has ratified, accepted, approved or acceded to the present Convention shall be considered as having ratified, accepted, approved or acceded to the Protocol concerning Regional Co-operation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency.

(d) Instruments of ratification, acceptance, approval or accession shall be deposited with the Government of Kuwait which will assume the functions of Depositary.

ENTRY INTO FORCE

Article XXVIII

(a) The present Convention together with the Protocol concerning Regional Co-operation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency shall enter into force on the ninetieth day following the date of deposit of at least five instruments of ratification, acceptance or approval of, or accession to, the Convention.

(b) Any other protocol to this Convention, except as otherwise provided in such protocol, shall enter into force on the ninetieth day following the date of deposit of at least five instruments of ratification, acceptance or approval of, or accession to, such protocol.

(c) After the date of deposit of five instruments of ratification, acceptance or approval of, or accession to, this Convention or any other protocol, this Convention or any such Protocol shall enter into force with respect to any State on the ninetieth day following the date of deposit by that State of the instrument of ratification, acceptance, approval or accession.

DENUNCIATION

Article XXIX

(a) At any time after five years from the date of entry into force of this Convention, any Contracting State may withdraw from this Convention by giving written notification of withdrawal to the Depositary.

(b) Except as may be otherwise provided in any other protocol to the Convention, any Contracting State may, at any time after five years from the date of entry into force of such protocol, withdraw from such protocol by giving written notification of withdrawal to the Depositary.

(c) Withdrawal shall take effect ninety days after the date on which notification of withdrawal is received by the Depositary.

(d) Any Contracting State which withdraws from the Convention shall consider as also having withdrawn from any protocol to which it was a party.

(e) Any Contracting State which withdraws from the Protocol concerning Regional Co-operation in Combating Pollution by Oil and other Harmful Substances in Cases of Pollution Emergency shall be considered as also having withdrawn from the Convention.

ADOPTION OF ADDITIONAL PROTOCOLS

Article XIX

Any Contracting State may propose additional protocols to the present Convention pursuant to paragraph (b) of Article III at a diplomatic conference of the Contracting States to be convened by the secretariat at the request of at least three Contracting States. Additional protocols shall be adopted by a unanimous vote of the Contracting States present and voting.

AMENDMENTS TO THE CONVENTION AND ITS PROTOCOLS

Article XX

(a) Any Contracting State to the present Convention or to any of its protocols may propose amendments to the Convention or to the protocol concerned at a diplomatic conference to be convened by the secretariat at the request of at least three Contracting States. Amendments to the Convention and its protocols shall be adopted by unanimous vote of the Contracting States present and voting.

(b) Amendments to the Convention or any protocol adopted by a diplomatic conference shall be submitted by the Depositary for acceptance by all Contracting States. Acceptance of amend- ments to the Convention or to any protocol shall be notified to the Depositary in writing. Amendments adopted in accordance with this article shall enter into force for all Contracting States, except those which have notified the Depositary of a different intention, on the thirtieth day following the receipt by the Depositary of notification of their acceptance by at least three-fourths of the Contracting States to the Convention or any protocol concerned as the case may be.

(c) After the entry into force of an amendment to the Convention or to a protocol, any new Contracting State to the Convention or such protocol shall become a Contracting State to the instrument as amended.

ANNEXES AND AMENDMENTS TO ANNEXES

Article XXI

(a) Annexes to the Convention or to any protocol shall form an integral part of the Convention or such protocol.

(b) Except as may be otherwise provided in any protocol, the following procedure shall apply to the adoption and entry into force of any amendments to annexes to the Convention or to any protocol:

  • (i) any Contracting State to the Convention or to a protocol may propose amendments to the annexes to the instrument XX in question at the meetings of the Council referred to in Article XVII
  • (ii) such amendments shall be adopted at such meetings by a unanimous vote;
  • (iii) the Depositary referred to in Article XXX shall communicate amendments so adopted to all Contracting States without delay;
  • (iv) any Contracting State which has a different intention with respect to an amendment to the annexes to the Convention or to any protocol shall notify the Depositary in writing within a period determined by the Contracting States concerned when adopting the amendment;
  • (v) the Depositary shall notify all Contracting States without delay of any notification received pursuant to the preceding sub-paragraph;
  • (vi) on the expiry of the period referred to in sub-paragraph (iv) above, the amendment to the annex shall become effective for all Contracting States to the Convention or to the protocol concerned which have not submitted a notification in accordance with the provision of that sub-paragraph.

(c) The adoption and entry into force of a new annex to the Convention or to any protocol shall be subject to the same procedure as for the adoption and entry into force of an amendment to an annex in accordance with the provisions of this article, provided that, if any amendment to the Convention or the protocol concerned is involved, the new annex shall not enter into force until such time as the amendment to the Convention or the protocol concerned enters into force.

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