Zakon o potvrđivanju Konvencije o osnivanju Međunarodne organizacije za medijaciju

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Zakon o potvrđivanju Konvencije o osnivanju Međunarodne organizacije za medijaciju

Chapter XIČl. Article 55–Article 63

Final Clauses

Article55

Resolution of differences concerning the interpretation or application

Any difference concerning the interpretation or application of this Convention which is not resolved by negotiation shall, at the request of the Contracting State concerned, be referred to the Governing Council for recommendation.
Article56

Amendments

1. Any Contracting State may propose an amendment to the present Convention by submitting it to the Secretary-General. The Secretary-General shall thereupon communicate the proposed amendment to Contracting States.
2. Any proposed amendment to this Convention shall be adopted by the Contracting States by consensus to the furthest extent possible. If consensus cannot be reached after every effort has been exhausted, the amendment shall as a last resort be adopted by a two-thirds majority of Contracting States.
3. An amendment adopted in accordance with is subject to ratification, acceptance or approval by Contracting States.
4. An amendment adopted in accordance with shall enter into force on the thirtieth day after the date of deposit of the third instrument of ratification, acceptance or approval. When an amendment enters into force, it shall be binding on those Contracting States that have expressed consent to be bound by it. Other Contracting States shall still be bound by the provisions of this Convention and any earlier amendments that they have ratified, accepted or approved.
5. When a Contracting State ratifies, accepts or approves an amendment following the deposit of the third instrument of ratification, acceptance or approval, the amendment shall enter into force in respect of that Contracting State on the thirtieth day after the date of the deposit of its instrument of ratification, acceptance or approval.
6. No amendments shall affect the rights and obligations of any party to a dispute arising out of consent to mediation under this Convention given before the date of entry into force of the amendment.
Article57

Declarations with respect to non-unified legal systems

1. If a State has two or more territorial units in which different systems of law apply in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
2. A declaration shall be notified to the depositary and shall state expressly the territorial units to which this Convention applies.
3. If a State has two or more territorial units in which different systems of law are applicable in relation to the matters dealt with in this Convention:
a)
any reference to the law or rule of procedure of a State shall be construed as referring, where appropriate, to the law or rule of procedure in force in the relevant territorial unit;
b)
reference to dispute in shall be construed to include disputes arising out of or relating to commercial relationship between parties in different territorial units of that State.
4. If a State makes no declaration under this Article, this Convention shall extend to all territorial units of that State.
5. This Article shall not apply to regional integration organizations.
Article58

Participation by regional integration organizations

1. A regional integration organization that is constituted by sovereign States and has competence over certain matters governed by this Convention may similarly sign, ratify, accept, approve or accede to this Convention. The regional integration organization shall in that case have the rights and obligations of a Contracting State, to the extent that that organization has competence over matters governed by this Convention, which shall be declared in the instrument of ratification, acceptance, approval or accession. Subsequently, such organization shall inform the depositary of any substantial modification in the extent of its competence.
2. Reference to “Contracting State” or “Contracting States” in this Convention shall apply to such organization within the limits of its competence.
3. For the purposes of and , any instrument deposited by a regional integration organization shall not be counted additional to those deposited by member States of such organization.
4. A regional integration organization, in matters within its competence, may exercise its right to vote in the Governing Council, with a number of votes equal to the number of its member States that are Contracting States to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.
Article59

Signature, ratification, acceptance, approval and accession

1. This Convention is open for signature by all States and regional integration organizations in the Hong Kong Special Administrative Region of the People’s Republic of China on from 1 January 2025 to 31 December 2025. Thereafter, it shall remain open for signature in Beijing at the Ministry of Foreign Affairs of the People’s Republic of China until three years after the entry into force of this Convention.
2. This Convention is subject to ratification, acceptance or approval by the signatory States and regional integration organizations.
3. This Convention shall be open to accession by all States and regional integration organizations that are not signatories as from the date it is open for signature.
4. Instruments of ratification, acceptance or approval or accession shall be deposited with the depositary.
Article60

Entry into force

1. This Convention shall enter into force on the thirtieth day after the date of deposit of the third instrument of ratification, acceptance, approval or accession.
2. For each State or regional integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the third instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or regional integration organization of its instrument of ratification, acceptance, approval or accession.
Article61

Denunciation

1. A Contracting State may denounce this Convention by written notification to the depositary. The denunciation may be limited to certain territorial units of a non- unified legal system to which this Convention applies.
2. The denunciation shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.
3. Notice by a Contracting State pursuant to this Article shall not affect the rights and obligations of any party to a dispute arising out of consent to mediation under this Convention given before such notice was received by the depositary.
Article62

Depositary

1. The Government of the People’s Republic of China shall be the depositary of this Convention.
2. The depositary shall notify all Contracting States, other signatories and the Secretary-General, in particular, of the following:
a)
the signatures, ratifications, acceptances, approvals and accessions referred to in ;
b)
the date on which this Convention enters into force in accordance with ;
c)
the date on which any amendment of this Convention enters into force in accordance with ;
d)
the declarations and notifications referred to in ; and
e)
the denunciations referred to in .
Article63

Authentic texts

The original of this Convention, of which the Arabic, Chinese, English, French, Russian, and Spanish texts are equally authentic, shall be deposited with the depositary who shall send certified copies thereof to all Contracting States.