WIPO Lex

الأرجنتين

The ratification by the United Kingdom of Great Britain and Northern Ireland includes [...] British Antarctic Territory, [...] Falkland Islands (Malvinas), [...] South Georgia and South Sandwich Islands [...].
In this regard, the Secretary-General received, on 11 September 1987, from the Government of Argentina the following objection, which was reiterated upon its ratification of the Convention:
"The Argentine Republic rejects the ratification of the above-mentioned Convention by the Government of the United Kingdom of Great Britain and Northern Ireland with respect to the Malvinas, South Georgia and South Sandwich Islands and reaffirms its sovereignty over those Islands, which form a part of its national territory.
The United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12 and 39/6 in which it recognizes the existence of a sovereignty dispute concerning the question of the Malvinas and urges the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute and to their remaining differences relating to the question, through the good offices of the Secretary-General, who is to report to the General Assembly on the progress made. The United Nations General Assembly also adopted resolution 40/21 and 41/40, which again urge the two parties to resume the negotiations.
The Argentine Republic also rejects the ratification of the above-mentioned Convention by the Government of the United Kingdom of Great Britain and Northern Ireland with respect to what that country calls "British Antarctic Territory".
At the same time, it reaffirms its rights of sovereignty over the Argentine Antarctic Sector located between longitudes 25° and 74° W and latitude 60° S and the South Pole, including its maritime spaces.
It is appropriate to recall, in this connection, the provisions concerning rights of or claims to territorial sovereignty in Antarctica contained in article IV of the Antarctic Treaty."
Subsequently, on 1 August 1988, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following communication concerning the said objection by Argentina:
"The Government of the United Kingdom reject the objection made regarding the application of the Convention by the United Kingdom to the Falkland Islands and South Georgia and the South Sandwich Islands. The Government of the United Kingdom have no doubt as to British sovereignty over the Falkland Islands and South Georgia and the South Sandwich Islands, and their consequent right to extend treaties to those territories.
With respect to the objection by the Argentine Republic to the application of the Convention to the British Antarctic Territory, the Government of the United Kingdom have no doubt as to British sovereignty over the British Antarctic Territory, and note the Argentine reference to article IV of the Antarctic Treaty to which both the Government of Argentina and the Government of the United Kingdom are parties."
Upon its ratification of the Convention, the Government of Argentina objected anew to the declaration of territorial applications in question by the Government of the United Kingdom, which in turn reiterated its position in an additional communication received on 6 July 1990.

(continued...)
Subsequently, the Government of Chile, upon ratification, declared the following:
"The Government of Chile [...] states that it rejects the declarations made by the United Kingdom of Great Britain and Northern Ireland upon ratification of the Convention and by the Argentine Republic in objecting to that declaration, inasmuch as both declarations affect Chilean Antarctic territory, including the corresponding maritime jurisdictions. It once again reaffirms its sovereignty over that territory, including its sovereign maritime spaces, in accordance with the definition established by Supreme Decree 1,747, of 6 November 1940."

المملكة المتحدة

On 6 and 10 June 1997, the Secretary-General received communications concerning the status of Hong Kong from the Governments of the United Kingdom and China. Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention with the reservation made by China will also apply to the Hong Kong Special Administrative Region.

The instrument of ratification specifies that the said Convention is ratified in respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey, the Isle of Man, Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands (Malvinas), Gibraltar, Hong Kong, Monserrat, Pitcairn, Henderson, Ducie and Oeno Islands, Saint Helena, Saint Helena Dependencies, South Georgia and South Sandwich Islands, Turks and Caicos Islands, and United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia in the island of Cyprus.
In this regard, the Secretary-General received, on 11 September 1987, from the Government of Argentina the following objection, which was reiterated upon its ratification of the Convention:
"The Argentine Republic rejects the ratification of the above-mentioned Convention by the Government of the United Kingdom of Great Britain and Northern Ireland with respect to the Malvinas, South Georgia and South Sandwich Islands and reaffirms its sovereignty over those Islands, which form a part of its national territory.
The United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12 and 39/6 in which it recognizes the existence of a sovereignty dispute concerning the question of the Malvinas and urges the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute and to their remaining differences relating to the question, through the good offices of the Secretary-General, who is to report to the General Assembly on the progress made. The United Nations General Assembly also adopted resolution 40/21 and 41/40, which again urge the two parties to resume the negotiations.
The Argentine Republic also rejects the ratification of the above-mentioned Convention by the Government of the United Kingdom of Great Britain and Northern Ireland with respect to what that country calls "British Antarctic Territory".
At the same time, it reaffirms its rights of sovereignty over the Argentine Antarctic Sector located between longitudes 25° and 74°W and latitude 60°S and the South Pole, including its maritime spaces.
It is appropriate to recall, in this connection, the provisions concerning rights of or claims to territorial sovereignty in Antarctica contained in article IV of the Antarctic Treaty."
Subsequently, on 1 August 1988, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following communication concerning the said objection by Argentina:
"The Government of the United Kingdom reject the objection made regarding the application of the Convention by the United Kingdom to the Falkland Islands and South Georgia and the South Sandwich Islands. The Government of the United Kingdom have no doubt as to British sovereignty over the Falkland Islands and South Georgia and the South Sandwich Islands, and their consequent right to extend treaties to those territories.
With respect to the objection by the Argentine Republic to the application of the Convention to the British Antarctic Territory, the Government of the United Kingdom have no doubt as to British sovereignty over the British Antarctic Territory, and note the Argentine reference to article IV of the Antarctic Treaty to which both the Government of Argentina and the Government of the United Kingdom are parties."

(continued...)
Upon its ratification of the Convention, the Government of Argentina objected anew to the declaration of territorial applications in question by the Government of the United Kingdom, which in turn reiterated its position in an additional communication received on 6 July 1990.
Subsequently, the Government of Chile, upon ratification, declared the following:
"The Government of Chile [...] states that it rejects the declarations made by the United Kingdom of Great Britain and Northern Ireland upon ratification of the Convention and by the Argentine Republic in objecting to that declaration, inasmuch as both declarations affect Chilean Antarctic territory, including the corresponding maritime jurisdictions. It once again reaffirms its sovereignty over that territory, including its sovereign maritime spaces, in accordance with the definition established by Supreme Decree 1,747, of 6 November 1940."
By a communication received on 30 August 1990, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Convention and the Protocol shall extend to the Bailiwick of Guernsey for whose international relations the Government of the United Kingdom is responsible.
The Government of Mauritius, upon acceding to the Convention, made the following declaration:
"The Republic of Mauritius rejects the ratification of [the Convention] effected by the United Kingdom of Great Britain and Northern Ireland on 15 May 1987 in respect of the British Indian Ocean Territory namely Chagos Archipelago and reaffirms its sovereignty over the Chagos Archipelago, which form an integral part of its national territory."
Subsequently, on 27 January 1993, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following communication with respect to the declaration made by the Government of Mauritius:
"The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to British sovereignty over the British Indian Ocean Territory and their consequent right to extend the application of the [said] Convention and Protocol to it. Accordingly, the Government of the United Kingdom do not accept or regard as having any legal effect the declarations made by the Government of the Republic of Mauritius."

جزر كوك

The instrument of ratification of New Zealand indicates that in accordance with the special relationship which exists between New Zealand and the Cook Islands, there have been consultations regarding the Convention between the Government of New Zealand and the Government of Cook Islands; that the Government of the Cook Islands, which has exclusive competence to implement treaties in the Cook Islands, has requested that the Convention should extend to the Cook Islands. The said instrument specifies that accordingly the Convention shall apply also to the Cook Islands.
In this regard, on 17 March 2004, the Secretary-General received from the Government of New Zealand, the following communications:
"... the Government of New Zealand ratified the Convention on 2 June 1987;
... the Government of New Zealand declared, on ratification, that its ratification extended to the Cook Islands;
... the Cook Islands is a self-governing State in a relationship of free association with New Zealand, and possesses in its own right the capacity to enter into treaties and other international agreements with governments and regional and international organisations;
... the Government of the Cook Islands acceded to the Convention in its own right on 22 December 2003;
... the Government of New Zealand declares that, by reason of the accession to the Convention by the Government of the Cook Islands, it regards the Government of Cook Islands as having succeeded to the obligations under the Convention of the Government of New Zealand in respect of the Cook Islands,
... [the Government of New Zealand] declares that, accordingly, as from the date of the accession to the Convention by the Government of the Cook Islands, the Government of New Zealand ceased to have State responsibility for the observance of the obligations under the Convention in respect of the Cook Islands."

نيوزيلندا

The instrument of ratification indicates that in accordance with the special relationship which exists between New Zealand and the Cook Islands and between New Zealand and Niue, there have been consultations regarding the Convention between the Government of New Zealand and the Government of Cook Islands and between the Government of New Zealand and the Government of Niue; that the Government of the Cook Islands, which has exclusive competence to implement treaties in the Cook Islands, has requested that the Convention should extend to the Cook Islands; that the Government of Niue which has exclusive competence to implement treaties in Niue, has requested that the Convention should extend to Niue. The said instrument specifies that accordingly the Convention shall apply also to the Cook Islands and Niue.
In this regard, on 17 March 2004, the Secretary-General received from the Government of New Zealand, the following communications:
In respect of the Cook Islands:
"... the Government of New Zealand ratified the Convention on 2 June 1987;
... the Government of New Zealand declared, on ratification, that its ratification extended to the Cook Islands;
... the Cook Islands is a self-governing State in a relationship of free association with New Zealand, and possesses in its own right the capacity to enter into treaties and other international agreements with governments and regional and international organisations;
... the Government of the Cook Islands acceded to the Convention in its own right on 22 December 2003;
... the Government of New Zealand declares that, by reason of the accession to the Convention by the Government of the Cook Islands, it regards the Government of Cook Islands as having succeeded to the obligations under the Convention of the Government of New Zealand in respect of the Cook Islands,
... [the Government of New Zealand] declares that, accordingly, as from the date of the accession to the Convention by the Government of the Cook Islands, the Government of New Zealand ceased to have State responsibility for the observance of the obligations under the Convention in respect of the Cook Islands."
In respect of Niue:
"... the Government of New Zealand ratified the Convention on 2 June 1987;
... the Government of New Zealand declared, on ratification, that its ratification extended to Niue;
... Niue is a self-governing State in a relationship of free association with New Zealand, and possesses in its own right the capacity to enter into treaties and other international agreements with governments and regional and international organisations;
... the Government of Niue acceded to the Convention in its own right on 22 December 2003;
... the Government of New Zealand declares that, by reason of the accession to the Convention by the Government of Niue, it regards the Government of Niue as having succeeded to the obligations under the Convention of the Government of New Zealand in respect of Niue;
... [the Government of New Zealand] further declares that, accordingly, as from the date of the accession to the Convention by the Government of Niue, the Government of New Zealand ceased to have State responsibility for the observance of the obligations under the Convention in respect of the territory of Niue."

نيوي

The instrument of ratification indicates that in accordance with the special relationship which exists between New Zealand and Niue, there have been consultations regarding the Convention between the Government of New Zealand and the Government of Niue; that the Government of Niue which has exclusive competence to implement treaties in Niue, has requested that the Convention should extend to Niue. The said instrument specifies that accordingly the Convention shall apply also to Niue.
In this regard, on 17 March 2004, the Secretary-General received from the Government of New Zealand, the following communications:
"... the Government of New Zealand ratified the Convention on 2 June 1987;
... the Government of New Zealand declared, on ratification, that its ratification extended to Niue;
... Niue is a self-governing State in a relationship of free association with New Zealand, and possesses in its own right the capacity to enter into treaties and other international agreements with governments and regional and international organisations;
... the Government of Niue acceded to the Convention in its own right on 22 December 2003;
... the Government of New Zealand declares that, by reason of the accession to the Convention by the Government of Niue, it regards the Government of Niue as having succeeded to the obligations under the Convention of the Government of New Zealand in respect of Niue;
... [the Government of New Zealand] further declares that, accordingly, as from the date of the accession to the Convention by the Government of Niue, the Government of New Zealand ceased to have State responsibility for the observance of the obligations under the Convention in respect of the territory of Niue."

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