IP Treaties Collection

Objections made on April 27, 2015:
With regard to the interpretative declaration made by the Democratic Republic of the Congo:
"The Government of the Kingdom of the Netherlands has taken note of the interpretative declaration made by the Democratic Republic of the Congo with respect to the United Nations Convention on the Law of the Sea, as communicated by the Secretary-General via depositary notification C.N.221.2014.TREATIES-XXI.6 of 29 April 2014, and has the honour to communicate the following:
The Kingdom of the Netherlands would like to point out that under Articles 309 and 310 of the United Nations Convention on the Law of the Sea, the formulation of reservations or exceptions to the Convention is prohibited, and that the Democratic Republic of the Congo is not permitted to exclude or modify the legal effect of the provisions of the Convention in their application to the Democratic Republic of the Congo.
The Kingdom of the Netherlands is of the view that the interpretative declaration made by the Democratic Republic of the Congo is unclear in important respects, leaves open to what extent the Democratic Republic of the Congo feels bound by the provisions of the Convention, and in substance may constitute a reservation that excludes or modifies the legal effects of the provisions of the Convention in their application to the Democratic Republic of the Congo.
The Kingdom of the Netherlands would also like to point out that declarations or statements under Article 310 of the Convention may only be made when signing, ratifying or acceding to the Convention.
The Democratic Republic of the Congo deposited its instrument of ratification on 17 February 1989, whereas the interpretative declaration was deposited only on 15 April 2014. Apart from the inadmissible timing of the interpretative declaration, Article 310 only permits declarations or statements made with a view, inter alia, to harmonizing States' domestic laws and regulations with the provisions of the Convention, and provided that such declarations or statements do not purport to exclude or modify the legal effects of the provisions of the Convention in their application to these States.
The Kingdom of the Netherlands therefore objects to the interpretative declarations made by the Democratic Republic of the Congo to the extent that any part of it constitutes a reservation not otherwise permitted by the Convention or purports to exclude or modify the legal effects of any of the provisions of the Convention in their application to the Democratic Republic of the Congo.
This objection shall not preclude the continued application of the Convention between the Kingdom of the Netherlands and the Democratic Republic of the Congo."

Objections made on October 21, 2013:
With regard to the declaration made by Ecuador upon accession:
"The Government of the Kingdom of the Netherlands has carefully examined the declaration made by Ecuador upon accession to the United Nations Convention on the Law of the Sea.
The Government of the Kingdom of the Netherlands is particularly concerned that certain elements of that declaration, such as the statements relating to the interpretation of the rights of coastal States in the exclusive economic zone and in relation to the marine environment as well as statements pertaining to the freedom of navigation, in substance constitute reservations limiting the scope of the Convention.
The Government of the Kingdom of the Netherlands recalls that, according to Article 309 of the Convention, 'no reservations or exceptions may be made to this Convention, unless expressly permitted by other articles of this Convention.'
The Government of the Kingdom of the Netherlands therefore objects to the reservation of Ecuador to the United Nations Convention on the Law of the Sea.
This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Ecuador."

Objections made upon ratification:
"The Kingdom of the Netherlands objects to any declaration or statement excluding or modifying the legal effect of the provisions of the United Nations Convention on the Law of the Sea.
This is particularly the case with regard to the following matters:
I. Innocent passage in the territorial sea: The Convention permits innocent passage in the territorial sea for all ships, including foreign warships, nuclear-powered ships and ships carrying nuclear or hazardous waste, without any prior consent or notification, and with due observance of special precautionary measures established for such ships by international agreements.
II. Exclusive economic zone:
1. Passage through the Exclusive Economic Zone: Nothing in the Convention restricts the freedom of navigation of nuclear-powered ships or ships carrying nuclear or hazardous waste in the Exclusive Economic Zone, provided such navigation is in accordance with the applicable rules of international law. In particular, the Convention does not authorize the coastal state to make the navigation of such ships in the EEZ dependent on prior consent or notification.
2. Military exercises in the Exclusive Economic Zone: The Convention does not authorize the coastal state to prohibit military exercises in its EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and no such authority is given to the coastal state. In the EEZ all states enjoy the freedoms of navigation and overflight, subject to the relevant provisions ofthe Convention.
3. Installations in the Exclusive Economic Zone: The coastal state enjoys the right to authorize, operate and use installations and structures in the EEZ for economic purposes. Jurisdiction over the establishment and use of installations and structures is limited to the rules contained in article 56 paragraph 1, and is subject to the obligations contained in article 56 paragraph 2, article 58 and article 60 of the Convention.
4. Residual rights: The coastal state does not enjoy residual rights in the EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and can not be extended unilaterally.

IV. Archipelagic States: The application of Part IV of the Convention is limited to a state constituted wholly by one or more archipelagos, and may include other islands. Claims to archipelagic status in contravention of article 46 are not acceptable.
The status of archipelagic state, and the rights and obligations deriving from such status can only be invoked under the conditions of Part IV of the Convention.
V. Fisheries: The Convention confers no jurisdiction on the coastal state with respect to the exploitation, conservation and management of living marine resources other than sedentary species beyond the Exclusive Economic Zone.
The Kingdom of the Netherlands considers that the conservation and management of straddling fish stocks and highly migratory species should, in accordance with articles 63 and 64 of the Convention, take place on the basis of international cooperation in appropriate sub-regional and regional organizations.
VI. Underwater cultural heritage: Jurisdiction over objects of an archaeological and historical nature found at sea is limited to articles 149 and 303 of the Convention.
The Kingdom of the Netherlands does however consider that there may be a need to further develop, in international cooperation, the international law on the protection of underwater cultural heritage.
VII. Baselines and delimitation: A claim that the drawing of baselines or the delimitation of maritime zones is in accordance with the Convention will only be acceptable if such lines and zones have been established in accordance with Convention.
VIII. National Legislation: As a general rule of international law, as stated in articles 27 and 46 of the Vienna Convention on the Law of Treaties, states may not rely on national legislation as a justification for a failure to implement the Convention.
IX. Territorial Claims: Ratification by the Kingdom of the Netherlands does not imply recognition or acceptance of any territorial claim made by a State Party to the Convention.
X. Article 301: Article 301 must be interpreted, in accordance with the Charter of the United Nations, as applying to the territory and the territorial sea of a coastal state.
XI. General Declaration: The Kingdom of the Netherlands reserves the right to make further declarations relative to the Convention and to the Agreement, in response to future declarations and statements.
C. Declaration in accordance with annex IX of the Convention: Upon depositing its instrument of ratification the Kingdom of the Netherlands recalls that, as Member State of the European Community, it has transferred competence to the Community with respect to certain matters governed by the Convention. A detailed declaration on the nature and extent of the competence transferred to the European Community will be made in due course in accordance with the provisions in annex IX of the Convention."

Declaration pursuant to article 287 of the Convention:
"The Kingdom of the Netherlands hereby declares that, having regard to article 287 of the Convention, it accepts the jurisdiction of the International Court of Justice in the settlement of disputes concerning the interpretation and application of the Convention with State Parties to the Convention which have likewise accepted the said jurisdiction."

4. Residual rights
The coastal state does not enjoy residual rights in the EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and can not be extended unilaterally.
III. Passage through straits
Routes and sealanes through straits shall be established in accordance with the rules provided for in the Convention. Considerations with respect to domestic security and public order shall not affect navigation in straits used for international navigation. The application of other international instruments to straits is subject to the relevant articles of the Convention.
IV. Archipelagic States
The application of Part IV of the Convention is limited to a state constituted wholly by one or more archipelagos, and may include other islands. Claims to archipelagic status in contravention of article 46 are not acceptable.
The status of archipelagic state, and the rights and obligations deriving from each status, can only be invoked under the conditions of part IV of the Convention.
V. Fisheries
The Convention confers no jurisdiction on the coastal state with respect to the exploitation, conservation and management of living marine resources other than sedentary species beyond the Exclusive Economic Zone.
The Kingdom of the Netherlands considers that the conservation and management of straddling fish stocks and highly migratory species should, in accordance with articles 63 [and] 64 of the Convention, take place on the basis of international cooperation in appropriate subregional and regional organizations.
VI. Underwater cultural heritage
Jurisdiction over objects of an archaeological and historical nature found at sea is limited to articles 149 and 303 of the Convention.
The Kingdom of the Netherlands does however consider that there may be a need to further develop, in international cooperation, the international law on the protection of underwater cultural heritage.
VII. Baselines and delimitation
A claim that the drawing of baselines of the delimitation of maritime zones is in accordance with the Convention will only be acceptable if such lines and zones have been established in accordance with the Convention.
VIII. National legislation
As a general rule of international law, as stated in articles 27 and 46 of the Vienna Convention on the law of Treaties, states may not rely on national legislation as a justification for a failure to implement the Convention.
IX. Territorial claims
Ratification by the Kingdom of the Netherlands does not imply recognition or acceptance of any territorial claim made by a State Party to the Convention.
X. Article 301
Article 301 must be interpreted, in accordance with the Charter of the United Nations, as applying to the territory and the territorial sea of a coastal state.
XI. General declaration
The Kingdom of the Netherlands reserves its right to make further declarations relative to the Convention and to the Agreement, in response to future declarations and statements.”

Territorial application to the Netherlands Antilles on February 13, 2009.

Declaration made on February 13, 2009 upon application of the Convention to the Netherlands Antilles:
"The Kingdom of the Netherlands hereby declares that, having regard to Article 287 of the Convention, it accepts the jurisdiction of the International Court of Justice in the settlement of disputes concerning the interpretation and application of the Convention with States Parties to the Convention which have likewise accepted the said jurisdiction."

Objections made on February 13, 2009 upon application of the Convention to the Netherlands Antilles:
"The Kingdom of the Netherlands objects to any declaration or statement excluding or modifying the legal effect of the provisions of the United Nations Convention on the Law of the Sea.
This is particularly the case with regard to the following matters:
I. Innocent passage in the territorial sea: The Convention permits innocent passage in the territorial sea for all ships, including foreign warships, nuclear-powered ships and ships carrying nuclear or hazardous waste, without any prior consent or notification, and with due observance of special precautionary measures established for such ships by international agreements.
II. Exclusive economic zone:
1. Passage through the Exclusive Economic Zone: Nothing in the Convention restricts the freedom of navigation of nuclear-powered ships or ships carrying nuclear or hazardous waste in the Exclusive Economic Zone, provided such navigation is in accordance with the applicable rules of international law. In particular, the Convention does not authorize the coastal state to make the navigation of such ships in the EEZ dependent on prior consent or notification.
2. Military exercises in the Exclusive Economic Zone: The Convention does not authorize the coastal state to prohibit military exercises in its EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and no such authority is given to the coastal state. In the EEZ all states enjoy the freedoms of navigation and overflight, subject to the relevant provisions of the Convention.
3. Installations in the Exclusive Economic Zone: The coastal state enjoys the right to authorize, operate and use installations and structures in the EEZ for economic purposes. Jurisdiction over the establishment and use of installations and structures is limited to the rules contained in article 56, paragraph 1, and is subject to the obligations contained in article 56, paragraph 2, article 58 and article 60 of the Convention.
4. Residual rights: The coastal state does not enjoy residual rights in the EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and ca not be extended unilaterally.
III. Passage through straits: Routes and sea lanes through straits shall be established in accordance with the rules provided for in the Convention. Considerations with respect to domestic security and public order shall not affect navigation in straits used for international navigation. The application of other international instruments to straits is subject to the relevant articles of the Convention.

IV. Archipelagic States: The application of Part IV of the Convention is limited to a state constituted wholly by one or more archipelagos, and may include other islands. Claims to archipelagic status in contravention of article 46 are not acceptable.
The status of archipelagic state, and the rights and obligations deriving from each status, can only be invoked under the conditions of part IV of the Convention.
V. Fisheries: The Convention confers no jurisdiction on the coastal state with respect to the exploitation, conservation and management of living marine resources other than sedentary species beyond the Exclusive Economic Zone.
The Kingdom of the Netherlands considers that the conservation and management of straddling fish stocks and highly migratory species should, in accordance with articles 63 [and] 64 of the Convention, take place on the basis of international cooperation in appropriate subregional and regional organizations.
VI. Underwater cultural heritage: Jurisdiction over objects of an archaeological and historical nature found at sea is limited to articles 149 and 303 of the Convention.
The Kingdom of the Netherlands does however consider that there may be a need to further develop, in international cooperation, the international law on the protection of underwater cultural heritage.
VII. Baselines and delimitation: A claim that the drawing of baselines of the delimitation of maritime zones is in accordance with the Convention will only be acceptable if such lines and zones have been established in accordance with the Convention.
VIII. National legislation: As a general rule of international law, as stated in articles 27 and 46 of the Vienna Convention on the law of Treaties, states may not rely on national legislation as a justification for a failure to implement the Convention.
IX. Territorial claims: Ratification by the Kingdom of the Netherlands does not imply recognition or acceptance of any territorial claim made by a State Party to the Convention.
X. Article 301: Article 301 must be interpreted, in accordance with the Charter of the United Nations, as applying to the territory and the territorial sea of a coastal state.
XI. General declaration: The Kingdom of the Netherlands reserves its right to make further declarations relative to the Convention and to the Agreement, in response to future declarations and statements."