STATUS REPORT

AGREEMENT FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982 RELATING TO THE CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS

(New York, 04/08/1995)

ENTRY INTO FORCE : 11 DECEMBER 2001, in accordance with article 40(1)

Depositary: Secretary-General of the United Nations

Last updated by PacLII: 08/05/06
Parties Date of Signature Date of ratification
/
Other 		Entry Into Force Domestication Legislation
(where available)
Cook Islands   1 Apr 1999 a    
Fiji 4 Dec 1995 12 Dec 1996 Rt    
Kiribati   15 Sep 2005 a    
Marshall Islands 4 Dec 1995 19 Mar 2003    
Nauru   10 Jan 1997 a    
Niue 4 Dec 1995      
Papua New Guinea 4 Dec 1995 4 Jun 1999 Rt    
Samoa 4 Dec 1995 25 Oct1996 Rt    
Solomon Islands   13 Feb 1997 a    
Tonga 4 Dec1995 31 Jul-1996 Rt    
Vanuatu 23 Jul 1996      
 
"... The Republic of Mauritius rejects as unfounded the claim by the United Kingdom of Great Britain and Northern Ireland of its sovereignty over the so-called British Indian Ocean Territory (Chagos Archipelago) and reaffirms its sovereignty and sovereign rights over the Chagos Archipelago which forms an integral part of the national territory of the Republic of Mauritius and over their surrounding maritime zones."        
".....the United Kingdom rejects the Argentine objection to the ratification of the Agreement by the United Kingdom on behalf of the Falkland Islands, South Georgia and the South Sandwich Islands and the assertion by Argentina of rights of sovereignty over those territories and their surrounding maritime areas        
"...[the Government of the United Kingdom declares that it] has no doubt as to the United Kingdom sovereignty over the British Indian Ocean Territory."        
"1. The United Kingdom is a keen supporter of the Straddling Fish Stocks Agreement. Legislation of the European Communities (Council decision 10176/97 of 8 June 1998) binds the United Kingdom as a matter of EC law to deposit its instrument of ratification in relation to the metropolitan territory simultaneously with the European Community and the other Member States        
"1. The United Kingdom understands that the terms 'geographical particularities', 'specific characteristics of the sub-region or region', 'socio-economic geographical and environmental factors', 'natural characteristics of that sea' or any other similar terms employed in reference to a geographical region do not prejudice the rights and duties of States under international law        
"The Government of the United Kingdom of Great Britain and Northern Ireland have noted the declaration of the Government of Argentina. The British Government have no doubt about the sovereignty of the United Kingdom over the Falkland Islands, as well as South Georgia and the South Sandwich Islands, and have no doubt, therefore, about their right to extend the said Agreement to these territories. The British Government can only reject as unfounded the claim by the Government of Argentina that they are a part of Argentine territory."        
"The Republic of Mauritius rejects the inclusion of any reference to the so-called British Indian Ocean Territory by the United Kingdom of Great Britain and Northern Ireland as territories on whose behalf it could sign the said Agreement, and reaffirms its sovereignty over these islands, namely the Chagos Archipelago which form an integral part of the national territory of Mauritius and over their surrounding maritime spaces."        
1. It will be recalled that, the Government of Italy had deposited an instrument of ratification on 4 March 1999 which it withdrew on 4 June 1999, indicating the following : "Italy indends to withdraw the instrument of ratification it deposited on 4 March 1999, in order to proceed subsequently to complete that formalilty in conjuction with all the States members of the European Union."        
2. In the light of its temporary inability to ratify the Agreement in relation to the metropolitan territory, and the strong desire of the United Kingdom to implement the Agreement in respect of those overseas territories to which the EC treaty does not apply, because of the advantages it will bring to them, the United Kingdom lodged its instrument of ratification to the Agreement, with declarations, in respect of those overseas territories on 3 December 1999        
2. It will be recalled that the Government of Luxembourgh had deposited an instrument of ratification on 5 October 2000, which it withdrew on 21 December 2000, indicating the following        
2. The United Kingdom understands that no provision of this Agreement may be interpreted in such a way as to conflict with the principle of freedom of the high seas, recognized by international law. 3. The United Kingdom understands that the term 'States whose nationals fish on the high seas' shall not provide any new grounds for jurisdiction based on the nationality of persons involved in fishing on the high seas rather than on the principle of flag State jurisdiction        
3. For the Kingdom in Europe        
3. The United Kingdom is concerned that upon entry into force of the Agreement, the overseas territories covered by this ratification should enjoy the rights and obligations accruing under the Agreement. I would therefore be grateful if you would arrange for the above formal declaration to be circulated in order in order to make it clear to all concerned the nature of the United Kingdom's approach to ratification of this convention. ..."        
4. The Agreement does not grant any State the right to maintain or apply unilateral measures during the transitional period as referred to in Article 21(3). Thereafter, if no agreement has been reached, states shall act only in accordance with the provisions provided for in Articles 21 and 22 of the Agreement."        
4. With a territorial application in respect of Tokelau        
5. On 19 December 2003, an instrument of ratification was lodged by the United Kingdom of Great Britain and Northern Ireland ("on behalf of the United Kingdom of Great Britain and Northern Ireland")        
Accordingly, [the Government of Luxembourg would] be grateful if [the Secretary-General] would note that Luxembourg wishes to withdraw the instrument of ratification deposited on 5 October 2000. A simultaneous deposit of the instruments of the Community and of all member States is to take place subsequently        
Accordingly, the above action was accepted in deposit on 10 December 2001, the date on which the second declaration was lodged with the Secretary-General        
Argentina 4 Dec 1995      
Argentina (4 December 1995)        
Australia 4 Dec 1995 23 Dec 1999 Rt    
Austria 27 Jun-1996 19 Dec 2003 Rt    
Bahamas   16 Jan 1997 a    
Bangladesh 4 Dec 1995      
Barbados   22 Sep 2000 a    
Belgium 3-Oct-1996 19 Dec 2003 Rt    
Belize 4-Dec-1995 14 Jul 2005 Rt    
Brazil 4-Dec-1995 8 Mar 2000 Rt    
Burkina Faso 15-Oct-1996      
Canada 4-Dec-1995 3 Aug 1999 Rt    
China 6-Nov-1996      
Costa Rica   18 Jun 2001 a    
Cote d'Ivoire 24 Jan 1996      
Cyprus   25 Sep 2002 a    
Declaration        
Denmark 27 Jun 1996 19 Dec 2003 Rt    
Egypt 5 Dec 1995      
European Community 27 Jun 1996 19 Dec 2003 Rt    
Finland 27 Jun 1996 19 Dec 2003 Rt    
France 4 Dec 1996 19 Dec 2003 Rt    
Further, on 8 February 2002, the Secretary-General received from the Government of Argentina, the following communication        
Gabon 7 Oct 1996      
Germany 28 Aug 1996 19 Dec 2003 Rt    
Greece 27 Jun 1996 19 Dec 2003 Rt    
Guinea   16 Sep 2005 a    
Guinea-Bissau 4 Dec 1995      
Iceland 4 Dec 1995 14 Feb 1997 Rt    
In that regard, the Argentine Republic rejects the claim of extension of the application of the Agreement to the Malvinas, South Georgia and South Sandwich Islands communicated by the United Kingdom of Great Britain and Northern Ireland and lodged on 10 December 2001        
In this regard, the Secretary-General received from the Government of the United Kingdom on 17 June 2002,the following communication        
India   19 Aug 2003 a    
Indonesia 4 Dec 1995      
Iran (Islamic Republic of)   17 Apr 1998 a    
Ireland 27 Jun 1996 19 Dec 2003 Rt    
Israel 4 Dec 1995      
It is hoped that this event will take place later this year. The constraints imposed by that Council decision only apply in respect of the United Kingdom metropolitan territory and those overseas territories to which the EC treaties apply        
It will be recalled that on 4 December 1995, the Agreement was signed by the Government of the United Kingdom of Great Britain and Northern Ireland "... on behalf of Bermuda, British Indian Ocean Territory, British Virgin Islands, Falkland Islands, Pitcairn Islands, South Georgia and the South Sandwich Islands, St. Helena including Ascension Island, and Turks and Caicos Islands". Further, in a communication received on 19 January 1996, the Government of the United Kingdom informed the Secretary-General that the signature of 4 December 1995 "... would also apply to Anguilla"        
It will be recalled that the Secretary-General had received from the following States the following        
Italy1 27 Jun 1996 19 Dec 2003 Rt    
Jamaica 4 Dec 1995      
Japan 19 Nov 1996      
Kenya   13 Jul 2004 a    
Liberia   16 Sep 2005 a    
Luxembourg2 27-Jun-96 19 Dec 2003 Rt    
Maldives 8-Oct-96 30 Dec 1998 Rt    
Malta   11 Nov 2001 a    
Mauritania 21-Dec-95      
Mauritius   25 Mar 1997 a    
Mauritius (8 February 2000)        
Mauritius (upon accession)        
Micronesia (Federated States of) 4-Dec-95 23 May 1997 Rt    
Monaco   9 Jun 1999 a    
Morocco 4-Dec-95      
Namibia 19-Apr-96 8 Apr 1998 Rt    
Netherlands3 28-Jun-96 19 Dec 2003 Rt    
New Zealand4 4-Dec-95 18 Apr 2001 Rt    
Norway 4-Dec-95 30 Dec 1996 Rt    
Notes        
On 3 December 1999, an instrument of ratification was lodged by the United Kingdom "... in respect of Pitcairn, Henderson, Ducie and Oeno Islands, Falkland Islands, South Georgia and South Sandwich Islands, Bermuda, Turks and Caicos Islands, British Indian Ocean Territory, British Virgin Islands [and] Anguilla" with the following declarations        
Pakistan 15-Feb-96      
Philippines 30-Aug-96      
Poland   14 Mar 2006 a    
Portugal 27 Jun 1996 19 Dec 2003 Rt    
Republic of Korea 26 Nov 1996      
Russian Federation 4 Dec 1995 4 Aug 1997 Rt    
Saint Lucia 12 Dec 1995 9 Aug 1996 Rt    
Senegal 4 Dec 1995 30 Jan 1997 Rt    
Seychelles 4 Dec 1996 20 Mar 1998 Rt    
South Africa   14 Aug 2003 a    
Spain 3 Dec 1996 19 Dec 2003 Rt    
Sri Lanka 9 Oct 1996 24 Oct 1996 Rt    
Subsequently, on 27 June 1996, the Agreement was signed by the United Kingdom for the United Kingdom of Great Britain and Northern Ireland        
Sweden 27 Jun 1996 19 Dec 2003 Rt    
The Argentine Republic reaffirms its rights of sovereignty over the Malvinas, South Georgia and South Sandwich Islands and the surrounding maritime areas, which are an integral part of its national territory        
The Argentine Republic recalls that the United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 39/6, 40/21, 41/40, 42/19 and 43/25, in which it recognizes the existence of a sovereignty dispute and requests the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to initiate negotiations with a view to finding the means to resolve peacefully and definitively the problems pending between both countries, including all aspects on the future of the Malvinas Islands, in accordance with the Charter of the United Nations        
The Argentine Republic rejects the inclusion of and reference to the Malvinas, South Georgian and South Sandwich Islands by the United Kingdom of Great Britain and Northern Ireland as dependent territories in its signing of the [said] Agreement, and reaffirms its sovereignty over those islands, which form an integral part of its national territory, and over their surrounding maritime spaces        
The Argentine Republic reserves the right to express, at the appropriate time, its opinion concerning other aspects of the communication by the United Kingdom        
The Permanent Mission of the Grand Duchy of Luxembourg had indeed received instructions to deposit the instrument of ratification of the above-mentioned Agreement with the Secretary-General of the United Nations; this was done on 5 October 2000. It turned out, however, that deposit on that date was premature since, in accordance with decision 98/414/CE of the Council of the European Union, of 8 June 1998, the instrument was to be deposited simultaneously with the instruments of ratification of all States members of the European Union        
The United Kingdom has no doubt about its sovereignty over the Falkland Islands, South Georgia and the South Sandwich Islands and the surrounding maritime areas."        
Uganda 10 Oct 1996      
Ukraine 4 Dec 1995 27 Feb 2003 Rt    
United Kingdom (19 January 1996)        
United Kingdom (30 July 1997)        
United Kingdom of Great Britain and Northern Ireland5 4 Dec 1995 10 Dec 2001 Rt    
United States of America 4 Dec 1995 21 Aug 1996 Rt    
Upon a request for clarification as to why the above ratification excluded the metropolitan territory of the United Kingdom of Great Britain and Northern Ireland, and subsequent consultations, the following additional declaration was provided by the United Kingdom of Great Britain and Northern Ireland on 10 December 2001        
Uruguay 16 Jan 1996 10 Sep 1999 Rt    
With regard to the question of the Malvinas, United Nations General Assembly resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25 recognize the existence of a dispute over sovereignty and request the Argentine Republic and the United Kingdom to resume negotiations in order to find a peaceful and lasting solution to the dispute, with assistance from the good offices of the Secretary-General of the United Nations, who is required to inform the General Assembly of the progress made        
Keys:
  • Accession (a)
  • Acceptance (A)
  • Approval (AA)
  • Definitive Signature (s)
  • Formal confirmation (c)
  • Participation (P)
  • Notification (of provisional application, of special undertaking, etc) (n)
  • Ratification (Rt)
  • Reservation (r)
  • Succession (d)
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