WIPO Lex

Argentina

On 22 July 2016, the Secretary-General received a communication from the Argentine Republic relating to the territorial application by the United Kingdom of Great Britain and Northern Ireland in respect of Falkland Islands (Malvinas).
See C.N.566.2016.TREATIES-XXVII.8 dated 29 July 2016 for the text of the above-mentioned communication.

On 14 July 2015, the Secretary-General received the following communication:
"Upon instructions from my Government, I have the honor to address you, in your capacity as depositary of the Convention on Biological Diversity, in order to refer to the note sent to you by the United Kingdom of Great Britain and Northern Ireland on 27 March 2015 regarding the attempt of that country to apply the Convention to the South Georgias and South Sandwich Islands.
The Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, are integral part of the national territory of the Argentine Republic and, being illegitimately occupied by the United Kingdom of Great Britain and Northern Ireland, are subject to a sovereignty dispute recognized by the United Nations and other international fora and organizations.
The illegitimate occupation of the United Kingdom of Great Britain and Northern Ireland led the United Nations General Assembly to adopt resolutions 2065(XX), 3169 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which it recognized the existence of a sovereignty dispute regarding the question of the Malvinas islands and calls on the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations with a view to finding, as soon as possible, a peaceful, just and lasting solution to the dispute. The United Nations Special Committee on Decolonization has made repeated statements to the same effect, the most recently by means of the resolution adopted on 25 June 2015.
Therefore, the Argentine Republic objects and rejects the attempt of the United Kingdom of Great Britain and Northern Ireland to apply the Convention on Biological Diversity to the South Georgias and South Sandwich lslands.
The Argentine Republic recalls that the Convention, adopted in Rio de Janeiro on 5 June 1992, is applicable to the Malvinas, South Georgias and South Sandwich Islands because they are integral part of the territory of the Argentine Republic, as a result of the ratification made by the Argentine Government on 22 November 1994.
The Argentine Republic reaffirms its sovereignty rights over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas.
The Argentine Republic should be grateful if you, acting as a depositary of the Convention, would register this statement, notify the Parties and Contracting Parties and distribute it as document of the Organization among its Member States."

China

On 28 June 1999, the Government of Portugal informed the Secretary-General that the Convention would also apply to Macau.
Subsequently, the Secretary-General received the following communications on the dates indicated hereinafter:
Portugal (9 December 1999):
"In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999.
From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macau."
China (15 December 1999):
"In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau (hereinafter referred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999. Macau will, from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defense affairs which are the responsibilities of the Central People's Government of the People's Republic of China."
In this connection, [the Government of the People's Republic of China informs the Secretary-General of the following]:
"The Convention on Biological Diversity, done at Nairobi on 5 June 1992 (hereinafter referred to as the "Convention"), to which the Government of the People's Republic of China deposited the instrument of ratification on 5 January 1993, will apply to the Macau Special Administrative Region with effect from 20 December 1999.
The Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Convention to the Macau Special Administrative Region."
China (Declaration of 9 May 2011):
"In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Convention applies to the Hong Kong Special Administrative Region of the People's Republic of China."

В связи с этим [правительство Китайской Народной Республики информирует Генерального секретаря о нижеследующем]:
«Конвенция о биологическом разнообразии, подписанная в Найроби 5 июня 1992 г. (далее - "Конвенция"), документ о ратификации которой был сдан на хранение правительством Китайской Народной Республики 5 января 1993 г., будет применяться к Специальному административному району Макао начиная с 20 декабря 1999 г.
Правительство Китайской Народной Республики примет на себя ответственность за международные права и обязательства, вытекающие из применения Конвенции к Специальному административному району Макао».
Китай (Заявление от 9 мая 2011 г.):
«В соответствии с Основным законом Специального административного района Гонконг Китайской Народной Республики правительство Китайской Народной Республики принимает решение о применении положений Конвенции к Специальному административному району Гонконг Китайской Народной Республики».
Перевод, который любезно предоставила ВОИС, © 2014

Portugal

Spain

On 9 July 2014, the Secretary-General received from the Government of Spain the following communication with regard to the Territorial Application by the United Kingdom of Great Britain and Northern Ireland to Gibraltar:
1. Gibraltar is a Non-Self-Governing Territory for whose international relations the Government of the United Kingdom is responsible and which is subject to a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly.
2. The authorities of Gibraltar are local in character, and exercise competences exclusively over internal affairs that originate in and are based on the powers allocated to and conferred on them by the United Kingdom, in accordance with its domestic legislation and in its capacity as the sovereign State upon which depends the said Non-Self-Governing Territory.
3. Consequently, any involvement by the Gibraltarian authorities in the implementation of this Convention shall be understood to take place exclusively within the framework of the internal affairs of Gibraltar and shall not be considered to affect in any way the content of the two preceding paragraphs.
4. The procedure envisaged in the Arrangements relating to Gibraltar authorities in the context of certain international treaties, which were agreed to by Spain and the United Kingdom on 19 December 2007 (together with "Agreed Arrangements relating to Gibraltar authorities in the context of European Union and European Community Instruments and Related Treaties" of 19 April 2000) applies to the present Convention.
5. The application to Gibraltar of the present Convention cannot be interpreted as recognition of any rights or situations involving matters not included in Article 10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great Britain.

United Kingdom

On 29 June 2016, the Secretary-General received the following communication:
"… the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom's Ratification of the Convention be extended to the following territory: Falkland Islands - for whose international relations the United Kingdom is responsible.
The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Convention to the territory of the Falkland Islands to enter into force on the date of deposit of this notification…"

On 27 March 2015, the Secretary-General received the following communication:
"... the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom's Ratification of the Convention be extended to the territory of South Georgia and South Sandwich Islands for whose international relations the United Kingdom is responsible.
The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Convention to South Georgia and South Sandwich Islands to enter into force from the day of deposit of this notification ..."

On 8 May 2012, the Secretary-General received the following communication:
"… The Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom’s ratification of the [Convention on Biological Diversity] to be extended to the following territory for whose international relations the United Kingdom is responsible: Isle of Man.
The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the aforesaid Convention to the Isle of Man to enter into force on the ninetieth day after the deposit of this notification [i.e. on 6 August 2012]."

In respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey, the British Virgin Islands, the Cayman Islands, Gibraltar, St. Helena and St. Helena Dependencies.