Declarations, Reservations and Statements BULGARIA

III. Declarations, Reservations and Statements BULGARIA

1 The instrument of ratification of the Peoples Republic of Bulgaria contained the following declarations: [Translation] The Peoples Republic of Bulgaria considers that article 7, which restricts the participation of a number of States in the Convention, is contrary to the generally accepted principle of the sovereign equality of States. The Peoples Republic of Bulgaria considers that the acceptance on its part of article 13 is not to be understood as a change in its position and that a given dispute may be referred to an arbitral tribunal only with the consent of all the parties to the particular dispute. 2 BYELORUSSIAN SR 1 The following statement was made at the time of signature of the Convention: [Translation] It is the view of the Government of the Byelorussian Soviet Socialist Republic that the provisions of article VII of the International Convention for Safe Containers restricting participation of some States in the Convention contradict the generally recognized principle of the sovereign equality of States. As to the provisions of article XIII concerning the settlement of disputes on the interpretation and application of the present Convention through arbitration the Government of the BSSR puts it on record that the acceptance of these provisions must not be interpreted as modifying the view of the BSSR Government that a dispute can be referred to an arbitration tribunal only with the agreement of all parties to a dispute in each particular case. This statement was also contained in the instrument of ratification of the Byelorussian SSR. __________ 1 The depositary received a communication dated 29 March 1977 from the Government of the United Kingdom. The communication, the full text of which was circulated by the depositary, includes the following: The Government of the United Kingdom of Great Britain and Northern Ireland note that article XIV of the Convention prohibits the making of reservations to article XIII. Accordingly, they do not regard the statements ... as in any way affecting or modifying the provisions of the Convention or the rights and obligations of the Governments of the German Democratic Republic, the Union of Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic, the Byelorussian Soviet Socialist Republic, the Peoples Republic of Bulgaria or of any other Contracting Party under the Convention. 2 The depositary received a communication on 19 April 1994 from the Minister for Foreign Affairs of the Republic of Bulgaria informing of the withdrawal of Bulgarias reservation in respect of article 13. 3 The depositary received a communication, on 12 April 2006, from the Minister of Foreign Affairs of the Republic of Bulgaria informing of the withdrawal of Bulgaria’s declaration in respect of article 7, the full text of which includes the following: “The People’s Republic of Bulgaria consider that article 7, which restricts the participation of a number of States in the Convention is contrary to the generally accepted principle of the sovereign equality of States.” CANADA The depositary received the following communication dated 4 February 1982 from the Canadian High Commissioner in London: I have the honour to refer to the Canadian instrument of ratification of the International Convention for Safe Containers which was deposited in London on 19 February 1981. The Convention will therefore enter into force for Canada on 19 February 1982 in accordance with article VIII, paragraph 2. Amendments to Annex I of the Convention were adopted by the Maritime Safety Committee on 01 August 1981 and came into force for contracting parties on 01 December 1981. The Government of Canada supports these amendments but must obtain Parliamentary approval in accordance with Section 8 of the Safe Containers Act, Statutes of Canada 1981-92, Chapter 9 before effect can be given to the amendments in Canadian Law. Accordingly I have been instructed to inform you that the Government of Canada, on becoming a contracting party to the International Convention for Safe Containers, and pursuant to the provisions of article X, paragraph 4, enters an objection to the Amendments to Annex I adopted by the Maritime Safety Committee on 01 August 1981, pending the completion of its domestic legislative procedures. This objection will be withdrawn when Canadian legislative procedures necessary to give effect to these amendments in domestic law have been completed. By a communication dated 13 December 1982 this objection was withdrawn. CHILE The instrument of accession of the Republic of Chile contained the following reservation: [Translation] ... that any amendments which may be made either to the Convention or to its Annexes will not be in force for our country until they have been approved and ratified in accordance with the provisions of our internal legislation. CUBA The instrument of accession of the Republic of Cuba contained the following declarations in the Spanish language: [Translation] The Government of the Republic of Cuba considers that the provision of article VII of the International Convention for Safe Containers is discriminatory in nature in that it withholds from a number of States the right of signature and accession, which is contrary to the principle of universality. The Government of the Republic of Cuba considers, with reference to the rules contained in article XIII of the Convention, that differences arising between Parties should be resolved by direct negotiation through diplomatic channels. CZECHOSLOVAKIA The following declaration was made at the time of signature of the Convention by the Representative of the Czechoslovak Socialist Republic: The Government of the Czechoslovak Socialist Republic considers that the provisions of article VII of the International Convention for Safe Containers, done at Geneva on 2 December 1972, which bar certain States from participation in it, are contrary to the universally recognized principle of the sovereign equality of States. ...contd CZECHOSLOVAKIA contd The instrument of approval of the Czechoslovak Socialist Republic was accompanied by the following declaration in the English language: Article VII, paragraph 1 of the said Convention is inconsistent with the generally recognized principle of the sovereign equality of States. The Czech Republic and Slovakia, as successor States to the Czech and Slovak Federal Republic, consider themselves bound by the multilateral international treaties to which the Czech and Slovak Federal Republic was a party, as of 1 January 1993, including reservations and declarations made earlier by the Czech and Slovak Federal Republic. DENMARK The instrument of accession of the Kingdom of Denmark contains a declaration that the Convention does not apply to Greenland and the Faroe. FRANCE The instrument of approval of the French Republic was accompanied by the following: [Translation] The French Government, in accordance with the provisions of article XIV, enters a reservation against [that part of] the fourth paragraph of article X which reads as follows: an objection made by a Contracting Party shall not be binding on other Contracting Parties as to acceptance of containers to which the present Convention applies. When an object on to an amendment is raised by a Contracting Party, the provisions of that amendment shall not be invoked against the said Party. GERMAN DEMOCRATIC REPUBLIC 1 The instrument of accession of the German Democratic Republic was accompanied by the following statements: The German Democratic Republic considers it necessary to point out that article VII deprives some States of the possibility to become parties to this Convention. The Convention regulates questions affecting the interests of all States; therefore it must be open for all States which are guided in their policies by the principles and purposes of the United Nations Charter to become parties to it. With regard to the provisions of article XIII of the Convention dealing with the settlement of disputes concerning the interpretation or application of the Convention by arbitration the German Democratic Republic declares that the acceptance of this provision should not be interpreted in such a way as if the view of the German Democratic Republic changed that a dispute may only be referred to an arbitration tribunal for consideration with the consent of all parties to the dispute. The instrument of accession was also accompanied by the following declaration: The abbreviated state designation on the registration plates required by the Convention corresponds with the distinguishing sign used to indicate the state of registration of motor vehicles and reads DDR. The competent authority in the German Democratic Republic for all questions in connection with this Convention is the DDR-Schiffs-Revision und-Klassification DSRK. __________ 1 For the text of a communication received from the Government of the United Kingdom in respect of these statements see footnote 1 at the start of this section III. FEDERAL REPUBLIC OF GERMANY 1 The instrument of ratification of the Federal Republic of Germany was accompanied by a declaration in the English language that the said Convention shall also apply to Berlin West with effect from the date on which it enters into force for the Federal Republic of Germany. ROMANIA The following declaration in the French language was made at the time of signature of the Convention by the Representative of the Socialist Republic of Romania: [Translation] The Government of the Socialist Republic of Romania considers that the provisions of article VII of the International Convention for Safe Containers, done at Geneva on 2 December 1972, are not consistent with the principle that multilateral international treaties, whose aim and object affect the international community as a whole, should be open to universal participation. The instrument of ratification of the Government of the Socialist Republic of Romania was accompanied by the same declaration that was made at the time of signature. __________ 1 The depositary received a communication dated 18 October 1976 from the Government of the German Democratic Republic. The communication, the full text of which was circulated by the depositary, includes the following: The German Democratic Republic takes note of the declaration of the Federal Republic of Germany on the application to Berlin West of the provisions of the Convention for Safe Containers of 2 December 1972 and considers that the application to Berlin West of the provisions of the Convention is consistent with the Quadripartite Agreement of 3 September 1971 according to which Berlin West is no constituent part of the Federal Republic of Germany and must not be governed by it. The following communication dated 31 March 1977 was received from the Government of the United Kingdom on behalf of the Governments of the United Kingdom of Great Britain and Northern Ireland, of the French Republic and of the United States of America. The communication, the full text of which was circulated by the depositary, includes the following: The German Democratic Republic is not a party to the Quadripartite Agreement of 3 September 1971 which was concluded in Berlin by the Governments of the French Republic, the Union of Soviet Socialist Republics, and United Kingdom of Great Britain and Northern Ireland and of the United States of America, and is not therefore competent to comment authoritatively on its provisions. The Quadripartite Agreement does not impose any requirement regarding terminology to be used by the Federal Republic of Germany, when extending to the Western Sectors of Berlin Treaties or Agreements to which it has become a party, nor of course, does the Agreement affect terminology used in the past. In any case the use by the Federal Republic of Germany of the terminology mentioned in the Notes under reference can in no way affect quadripartite agreements or decisions relating to Berlin. Consequently the validity of the Berlin Declaration made by the Federal Republic of Germany is unaffected by the use of this terminology. A further communication dated 11 July 1977 was received from the Ambassador of the Federal Republic of Germany in London: By letter of 31 March 1977 addressed on behalf of Her Britannic Majestys Principal Secretary of State for Foreign and Commonwealth Affairs to the Secretary-General the Government of the United Kingdom, also on behalf of the Government of France and of the United States of America, answered the assertions made in the communications referred to above. The Government of the Federal Republic of Germany, on the basis of the legal situation set out in that letter, wished to confirm that the application in Berlin West of the above mentioned instrument extended by it under the establishment procedures continues in full force and effect. SYRIAN ARAB REPUBLIC The instrument of accession by the Syrian Arab Republic contained the following declaration: [Translation] Under no circumstances shall the accession of the Syrian Arab republic to this Convention, as amended, imply recognition of Israel or occasion its entry with the latter into any of the transactions regulated by the provisions of the same, as amended. UKRAINIAN SSR 1 The following statement was made at the time of signature of the Convention: [Translation] It is the view of the Government of the Ukrainian Soviet Socialist Republic that the provisions of article VII of the International Convention for Safe Containers restricting participation of some States in the Convention contradict the generally recognized principle of the sovereign equality of States. As to the provisions of article XIII concerning the settlement of disputes on the interpretation and application of the present Convention through arbitration the Government of the Ukrainian SSR puts it on record that the acceptance of these provisions must not be interpreted as modifying the view of the Ukrainian SSR Government that a dispute can be referred to an arbitration tribunal only with the agreement of all parties to a dispute in each particular case. This Statement was also contained in the instrument of ratification of the Government of the Ukrainian SSR. USSR 1 The following statement was made at the time of signature of the Convention: [Translation] It is the view of the Government of the Union of Soviet Socialist Republics that the provisions of article VII of the International Convention for Safe Containers restricting participation of some States in the Convention contradict the generally recognized principle of the sovereign equality of States. As to the provisions of article XIII concerning the settlement of disputes on the interpretation and application of the present Convention through arbitration the USSR Government puts it on record that the acceptance of those provisions must not be interpreted as modifying the view of the USSR Government that a dispute can be referred to an arbitration tribunal only with the agreement of all parties to a dispute in each particular case. This statement was also contained in the instrument of ratification of the USSR. UNITED KINGDOM The instrument of ratification of the United Kingdom of Great Britain and Northern Ireland contains the following: ... reserving the right not to apply the said Convention in respect of any territory for whose international relations the Government of the United Kingdom is responsible until twelve months after the date on which the Government of the United Kingdom notify the Secretary-General of the Inter-Governmental Maritime Consultative Organization that the said Convention shall apply in respect of any such territory. __________ 1 For the text of a communication received from the Government of the United Kingdom in respect of this statement, see footnote l at the start of this section III.

IV. Amendments 1981 Amendments to Annex I