IP Treaties Collection

The modification to the statement (the statement previously read: "A special arbitral....article VIII ") was made on the basis of a communication received from the Government of Germany on 29 May 1996.
Subsequently, upon depositing its instrument of ratification, the Government of the Czech Republic made the following declaration:
"The Government of the Czech Republic having considered the declaration of the Federal Republic of Germany of 14 October 1994 pertaining to the interpretation of the provisions of Part X of the [said Convention], which deals with the right of access of land-locked States to and from the sea and freedom of transit, states that the [said] declaration of the Federal Republic of Germany cannot be interpreted with regard to the Czech Republic in contradiction with the provisions of Part X of the Convention."

Czechoslovakia had signed the Convention on 10 December 1982. On 29 May 1985, the Secretary-General received from the Government of Czechoslovakia the following objection:
"[The Czechoslovak Socialist Republic] wishes to draw the Secretary-General's attention to the concern of the Czechoslovak Socialist Republic about the fact that certain States made upon signature of the United Nations Convention on the Law of the Sea declarations which are incompatible with the Convention and which, if reaffirmed upon ratification of the Convention by those States, would constitute a violation of the obligations to be assumed by them under the Convention. Such approach would lead to a breach of the universality of the obligations embodied in the Convention, to the disruption of the legal regime established thereunder and, in the long run, even to the undermining of the Convention as such.
A concrete example of such declaration as referred to above is the understanding made upon signature and reaffirmed upon ratification of the Convention by the Philippines which was communicated to Member States by notification [. . .] dated 22 May 1984.
The Czechoslovak Socialist Republic considers that this understanding of the Philippines:
-- is inconsistent with Article 309 of the Convention on the Law of the Sea because it contains, in essence, reservations to the provisions of the Convention;
-- contravenes Article 310 of the Convention which stipulates that declarations can be made by States upon signature or ratification of or accession to the Convention only provided that they `do not purport to exclude or to modify the legal effect of the provisions of this Convention';
-- indicates that in spite of having ratified the Convention, the Philippines intends to follow its national laws and previous agreements rather than the obligations under the Convention, not only taking no account of whether those laws and agreements are in harmony with the Convention but even, as proved in paragraphs 6 and 7 of the Philippine understanding, deliberately contravening the obligations set forth therein.
Given the above-mentioned circumstances, the Czechoslovak Socialist Republic cannot recognize the above-mentioned understanding of the Philippines as having any legal effect.
In view of the significance of the matter, the Czechoslovak Socialist Republic considers it necessary that the problem of such declarations made upon signature or ratification of the Convention which endanger the universality of the Convention and the unified mode of its implementation be dealt with by the Secretary-General in his capacity as depositary of the Convention and that the Member States of the United Nations be informed thereof."