World Intellectual Property Organization

Convention on Transit Trade of Land-locked States

Belarus

Declaration and reservation made upon signature and confirmed upon ratification:
"The Belorussian Soviet Socialist Republic considers it necessary to draw attention to the discriminatory nature of articles 17, 19, 22 and 23 of the Convention, under which a number of States are deprived of the opportunity to become Parties to the Convention. The Convention deals with matters that affect the interests of all States, and it should therefore be open for participation by all States. According to the principle of sovereign equality, no States have the right to exclude other States from participation in a Convention of this type.
The Government of the Belorussian Soviet Socialist Republic does not consider itself bound by the provisions of article 16 of the Convention on Transit Trade of Land-locked States, under which members of the arbitration commission may be appointed by the President of the International Court of Justice, and declares that, in each individual case, the consent of the contending States is necessary for the appointment of members of the arbitration commission by the President of the International Court of Justice."

Belgium

Reservations made upon signature and confirmed upon ratification:
"1. With regard to the application of article 3 of the Convention, the Belgian Government considers that the exemption relates exclusively to duties or taxes on imports or exports, and not to taxes on transactions, such as the Belgian tax on transport and auxiliary services, which also apply to internal trade.
2. Belgium can apply article 4, paragraph 1, only in so far as State-owned means of transport and handling equipment are concerned."

Reservation made upon signature:
"The Belgian Government intends, upon depositing its instrument of ratification of the Convention, to make a reservation concerning the rights and obligations of Belgium arising from its adherence to certain international treaties relating to economic matters or trade."

Bolivia (Plurinational State of)

Declaration made upon signature:
"I have been instructed by my Government to place on record the Bolivian view, which is already to be found in the records of the Conference, that Bolivia is not a land-locked State but a nation which is deprived by temporary circumstances of access to the sea across its own coast and that unrestricted and unconditional freedom of transit must be recognized in international law as an inherent right of enclosed territories and countries for reasons of justice and because of the need to facilitate such transit as a contribution to general progress on a basis of equality.
Bolivia will on no occasion fail to maintain these views, which are inherent in national sovereignty, and, by signing the Convention, will give evidence of its willingness to co-operate with the United Nations and the developing countries without a sea-coast."

Chile

Reservation with respect to article 16 made upon signature and confirmed upon ratification:
"In any dispute with American countries over the interpretation or implementation of this Convention, Chile shall proceed in accordance with whatever inter-American instruments concerning the peaceful settlement of disputes may be binding both on Chile and on the other American country."

Germany

Declarations made upon signature:
"In respect of article 2, paragraph 1, article 5 and article 7: The Federal Republic of Germany starts from the assumption that normal frontier controls which, in accordance with international agreements and with existing national legislation, are carried through in an adequate and non-discriminatory manner, meet the requirements of article 2, paragraph 1, article 5 and article 7.
In respect of article 2, paragraph 2: The Federal Republic of Germany understands this provision to imply that, as long as agreements according to article 2, paragraph 2, have not been concluded, the national regulations of the transit state will apply.
In respect of article 4, paragraph 1 and article 6, paragraph 1: The Federal Republic of Germany is not in a position to assume obligations as provided for in article 4, paragraph 1 and in article 6, paragraph 1. Considering transport conditions in the Federal Republic of Germany, however, it may be taken for granted that sufficient means of transport as well as handling equipment and storage facilities will be available for traffic in transit. Should difficulties arise nevertheless, the Government of the Federal Republic of Germany would be prepared to seek remedies.
In respect of article 4, paragraph 2 and article 6, paragraph 2: The Federal Republic of Germany is not in a position to assume obligations as contained in article 4, paragraph 2 and article 6, paragraph 2.The Government of the Federal Republic of Germany is, however, prepared, within the scope of its possibilities, to use its influence as regards tariffs and charges so as to facilitate traffic in transit as much as possible."

Hungary

In a communication received on 8 December 1989, the Government of Hungary notified the Secretary-General that it had decided to withdraw the reservation relating to article 16 made upon ratification.

Reservation made upon ratification:
"The Hungarian People's Republic is of the opinion that articles 17, 19, 22 and 23 of the Convention, which debar a number of States the right to become parties to the Convention, are of a discriminatory nature. The Convention is a general multilateral international treaty, and therefore, as follows from the principles of international law, every State shall have the right to become a party to it."

Italy

Declaration made upon signature:
"The Permanent Representative of Italy wishes to notify the Secretary-General that the Italian Government intends to enter specific reservations to the Convention on depositing its instrument of ratification."

Luxembourg

Declaration made upon signature:
"The Government of Luxembourg envisages the possibility, on depositing the instrument of ratification of the Convention on Transit Trade of Land-locked States, of entering a reservation relating to its membership in regional economic unions or common markets."

Mongolia

In a communication received on 19 July 1990, the Government of Mongolia notified the Secretary-General that it had decided to withdraw the reservation relating to article 16 made upon ratification.

Declaration made upon accession:
"The Government of the Mongolian People's Republic deems it essential to draw attention to the discriminatory nature of the provisions of articles 17, 19, 22 and 23 of the Convention, under which a number of States are excluded from participation in this Convention. The Convention deals with matters of interest to all States and should therefore be open for participation by all States."

Russian Federation

Declaration and reservation made upon signature and confirmed upon ratification:
"The Union of Soviet Socialist Republics considers it necessary to draw attention to the discriminatory nature of articles 17, 19, 22 and 23 of the Convention under which a number of States are deprived of the opportunity to become Parties to the Convention. The Convention deals with matters that affect the interests of all States, and it should therefore be open for participation by all States. According to the principle of sovereign equality, no States have the right to exclude other States from participation in a Convention of this type.
The Government of the Soviet Socialist Republics does not consider itself bound by the provisions of article 16 of the Convention on Transit Trade of Land-locked States, under which members of the arbitration commission may be appointed by the President of the International Court of Justice, and declares that, in each individual case, the consent of the contending States is necessary for the appointment of members of the arbitration commission by the President of the International Court of Justice."

Sudan

Declaration made upon signature:
"The Government of the Republic of the Sudan will not consider itself bound by the third sentence of article 2, paragraph 1, of the Convention in respect of the passage across its territory of goods destined to or coming from South Africa or Portugal or goods the ownership of which could be claimed by South Africa or Portugal. The reservation is made in accordance with the spirit of Security Council resolution S/5773, in which the Security Council condemned the apartheid Policies of the Government of the Republic of South Africa, resolution A/AC.109/124 in which the Special Committee condemned the colonial policy of Portugal and its persistent refusal to carry out the resolutions of the General Assembly, the Security Council and the Special Committee, and resolution CM/Res.6 (1) of the Council of Ministers of the Organization of African Unity. The reservations will remain in force pending the ending of the prevailing situation in South Africa and the Portuguese colonies.
Nor will the Republic of the Sudan, as a member of the Arab League, consider itself bound by the same provision in respect of the passage across its territory of goods destined for or coming from Israel."

Ukraine

Declaration and reservation made upon signature and confirmed upon ratification:
"The Ukrainian Soviet Socialist Republic considers it necessary to draw attention to the discriminatory nature of articles 17, 19, 22 and 23 of the Convention, under which a number of States are deprived of the opportunity to become Parties to the Convention. The Convention deals with matters that affect the interests of all States, and it should therefore be open for participation by all States. According to the principle of sovereign equality, no States have the right to exclude other States from participation in a Convention of this type.
The Government of the Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of article 16 of the Convention on Transit Trade of Land-locked States, under which members of the arbitration commission may be appointed by the President of the International Court of Justice, and declares that, in each individual case, the consent of the contending States is necessary for the appointment of members of the arbitration commission by the President of the International Court of Justice."

 

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