The Ratification of Maritime Conventions
Chapter I.7.510
(CARIBBEAN REGIONAL SEAS 1983) CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION, 1983
ADOPTED: Done at Cartagena de Indias on 24 March 1983
ENTERED INTO FORCE: 11 October 1986
DEPOSITARY: Government of Colombia
SECRETARY: United Nations Environment Programme (UNEP)
IMPLEMENTATION
SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, ACCESSION
Article XXV
This Convention and the Protocol concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region shall be open for signature at Cartagena de Indias on 24 March 1983 and at Bogota from 25 March 1983 to 24 March 1984 by States invited to participate in the Conference of Plenipotentiaries on the Protection and Development of the Marine Environment of the Wider Caribbean Region, held at Cartagena de Indias from 21 to 24 March 1983. The Convention shall also be open for signature between the same dates by any regional economic integration organization exercising competence in fields covered by the Convention and that Protocol and having at least one member State which belongs to the wider Caribbean region, provided that such regional organization has been invited to participate in the Conference of Plenipotentiaries.
Article XXVI
1. This Convention and its protocols shall be subject to ratification, acceptance or appro- val by States. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Republic of Colombia, which will assume the functions of Depositary.
2. This Convention and its protocols shall also be subject to ratification, acceptance or approval by the organisations referred to in article 25 having at least one member State a party to the Convention. In their instruments of ratification, acceptance or approval, such organizations shall declare the extent of their competence with respect to the matters governed by the Convention and the relevant protocol. Subsequently these organizations shall inform the Depositary of any substantial modification in the extent of their competence.
Article XXVII
1. This Convention and its protocols shall be open for accession by the States and organizations referred to in article 25 as from the day following the date on which the Convention or the protocol concerned is closed for signature.
2. After entry into force of this Convention and of any protocol, any State or regional economic integration organization not referred to in article 25 may accede to the Convention and to any protocol subject to prior approval by three fourths of the Contracting Parties to the Convention or the protocol concerned, provided that any such regional economic integration organization exercises competence in fields covered by the Convention and the relevant protocol and has at least one member State, belonging to the wider Caribbean region, that is a party to the Convention and the relevant protocol.
4. In their instruments of accession, the organizations referred to in paragraphs 1 and 2 shall delcare the extent of their competence with respect to the matters governed by the Convention and the relevant protocol. These organizations shall also inform the Depositary of any substantial modification in the extent of their competence.
4. Instruments of accession shall be deosited with the Depositary.
ENTRY INTO FORCE
Article XXVIII
1. This Convention and the Protocol concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region shall enter into force on the thirtieth day following the date of deposit of the ninth instrument of ratification, acceptance or approval of, or accession to, those agreements by the States referred to in article 25.
2. Any additional protocol to this Convention, except as otherwise provided in such protocol, shall enter into force on the thirtieth day following the date of deposit of the ninth instrument of ratification, acceptance, or approval of such protocol, or of accession thereto.
3. For the purposes of paragraphs 1 and 2, any instrument deposited by an organization referred to in article 25 shall not be counted as additional to that deposited by any member State of such organization.
4. Thereafter, this Convention and any protocol shall enter into force with respect to any State or organization referred to in article 25 or article 27 on the thirtieth day following the date of deposit of its instruments of ratification, acceptance, approval or accession.
DENUNCIATION
Article XXIX
1. At any time after two years from the date of entry into force of this Convention with respect to a Contracting Party, that Contracting Party may denounce the Convention by giving written notification to the Depositary.
2. Except as may be otherwise provided in any protocol to this Convention, any Contracting Party may, at any time after two years from the date of entry into force of such protocol with respect to that Contracting Party, denounce the protocol by giving written notification to mthe Depositary.
3. Denunciation shall take effect on the ninetieth day after the date on which notification is received by the Depositary.
4. Any Contracting Party which denounces this Convention shall be considered as also having denounced any protocol to which it was a Contracting Party.
5. Any Contracting Party which, upon its denunciation of a protocol, is no longer a Contracting Party to any protocol to this Convention, shall be considered as also having denounced the Convention itself.
ADOPTION OF PROTOCOLS
Article XVII
1. The Contracting Parties, at a conference of plenipotentiaries, may adopt additional protocols to this Convention pursuant to paragraph 3 of article 4.
2. If so requested by a majority of the Contracting Parties, the Organization shall convene a conference of plenipotentiaries for the purpose of adopting additional protocols to this Convention.
AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS
Article XVIII
1. Any Contracting Party may propose amendments to this Convention. Amendments shall be adopted by a conference of plenipotentiaries which shall be convened by the Organization at the request of a majority of the Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any protocol. Such amendments shall be adopted by a conference of plenipotentiaries which shall be convened by the Organization at the request of a majority of the Contracting Parties to the protocol concerned.
3. The text of any proposed amendment shall be communicated by the Organization to all Contracting Parties at least 90 days before the opening of the conference of plenipotentiaries.
4. Any amendment to this Convention shall be adopted by a threefourths majority vote of the Contracting Parties to the Convention which are represented at the conference of plenipotentiaries and shall be submitted by the Depositary for acceptance by all Contracting Parties to the Convention. Amendments to any protocol shall be adopted by a three-fourths majority vote of the Contracting Parties to the protocol which are represented at the conference of plenipotentiaries and shall be submitted by the Depositary for acceptance by all Contracting Parties to the protocol.
5. Instruments of ratification, acceptance or approval of amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraph 3 shall enter into force between Contracting Parties having accepted such amendments on the thirtieth day following the date of receipt by the Depositary of the instrument of at least three fourths of the Contracting Parties to this Convention or to the protocol concerned, as the case may be. Thereafter the amendments shall enter into force for any other Contracting Party on the thirtieth day after the date on which that Party deposits its instrument.
6. After entry into force of an amendment to this Convention or to a protocol, any new Contracting Party to the Convention or such protocols shall become a Contracting Party to the Convention or protocol as amended.
ANNEXES AND AMENDMENTS TO ANNEXES
Article XIX
1. Annexes to this Convention or to a protocol shall form an integral part of the Convention or, as the case may be, such protocol.
2. Except as may be otherwise provided in any protocol with respect to its annexes, the following procedure shall apply to the adoption and entry into force of amendments to annexes to this Convention or to annexes to a protocol
- (a) Any Contracting Party may propose amendments to annexes to this Convention or to annexes to any protocol at a meeting convened pursuant to article 16;
- (b) Such amendments shall be adopted by a three fourths majority vote of the Contracting Parties to the instrument in question present at the meeting referred to in article 16;
- (c) The Depositary shall without delay communicate the amendments so adopted to all Contracting Parties to the Convention;
- (d) Any Contracting Party that is unable to accept an amendment to annexes to this Convention or to annexes to any protocol shall so notify the Depositary in writing within 90 days from the date on which the amendment was adopted;
- (e) The Depositary shall without delay notify all Contracting Parties of notifications received pursuant to the preceding paragraph;
- (f) On expiry of the period referred to in subparagraph (d), the amendment to the annex shall become effective for all Contracting Parties to this Convention or to the protocol concerned which have not submitted a notification in accordance with the provisions of that subparagraph;
- (g) A Contracting Party may at any time substitute an acceptance for a previous declaration of objection, and the amendment shall thereupon enter into force for that Party.
3. The adoption and entry into force of a new annex shall be subject to the same procedure as that for the adoption and entry into force of an amendment to an annex, provided that, if it entails an amendment to the Convention or to one of its protocols, the new annex shall not enter into force until such time as that amendment enters into force.
4. Any amendment to the Annex on Arbitration shall be proposed and adopted, and shall enter into force, in accordance with the procedures set out in article 18.
DECLARATIONS AND RESERVATIONS
France
[IML Translation]
On depositing its document France expressed the following reservation:
In approving the Convention on the Protection and Development of the Marine Environment in the Caribbean along with its related Protocol on Cooperation in Combating Hydrocarbon Spillages in the Caribbean the French Government states: “In the instance of the decrees of the present Convention and its Protocol being interpreted in such a way as to obstruct activities which the French Government deems necessary for national defence, said decrees will not apply to these activities. However, when carrying out said activities the Government will endeavour to take the necessary steps to adhere to the objectives of the Convention and its supplementary Protocol.”
Mexico
[IML Translation]
On depositing its document ratifying the Convention on the Protection and Development of the Marine Environment in the Caribbean and the Protocol on Cooperation in combating Hydrocarbon Spillages in the Caribbean, the Government of Mexico made the following declaration: “The applicable international rules and regulations established by the appropriate International Organisation, to which articles 5 and 6 of the above mentioned Convention refer, will only become valid for the Mexican Government once it has accepted them either by vote or by the involvement in the matter of some international body/document. For the date of ratification by common consent see Mexico’s Secretary of Foreign Affairs.”
United Kingdom
Both the Convention and Protocol were ratified in the name of the Cayman, Turks and Caicos Isles by the U.K., who reserved the right to extend in the future said international documents to any other territories whose international relations it is responsible for.
This right was exercised and the Convention and Protocol were extended to the British Virgin Islands with effect from 21.11.87.