Resolution Conf. 4.27

Interpretation of Article XVII, paragraph 3, of the Convention

RECOGNIZING that the Convention can only operate and be effective if the Conference of the Parties defines the provisions of the Convention in line with the basic principles which gave birth to it;

ACKNOWLEDGING that Article XVII, paragraph 3, of the Convention could be legally defended in both its narrow and wide interpretations;

CONSIDERING the difficulties which might result from a wide interpretation of Article XVII, paragraph 3, of the Convention;

CONSIDERING that any amendment to the Convention could not enter into force unless the number of Parties that need to accept it has been established;

THE CONFERENCE OF THE PARTIES TO THE CONVENTION

RECOMMENDS that the meaning of Article XVII, paragraph 3, of the Convention be interpreted in its narrow sense so as to mean that the acceptance of two-thirds of the Parties at the time of the adoption of an amendment is required for the coming into force of such amendment.

 

* Amended by the Secretariat in compliance with Decision 14.19 and with the decisions adopted at the 58th meeting of the Standing Committee.

Number / Code: 
Conf. 4.27
COP meeting: 
Fourth meeting of the Conference of the Parties