THE EUROPEAN COMMUNITY'S PARTICIPATION IN THE LAW OF THE SEA CONVENTION: SOME INCOHERENCIES IN A COMPROMISE SOLUTION

THE EUROPEAN COMMUNITY'S PARTICIPATION IN THE LAW OF THE SEA CONVENTION: SOME INCOHERENCIES IN A... by i. The lengthy discussion concerning participation in the Law of the Sea Convention resulted in August 1981 in a new text - the President's Revised Draft 1 (FC/27 of 27 August 1981, Annex 2). Further discussion led to a memorandum issued by the Collegium on Changes Incorporated in the Draft Convention (A/CC?NF. 62/L. 93) and finally to Arts. 305-307 of the Con- vention and Annex IX. Art. 305 (e) of the Convention and Art. i of Annex IX cover "international organizations" constituted by States to which such member States "have transferred competence over matters governed by this Convention, including the competence to enter into treaties in respect of those matters". Participation by the European Community has remained at the centre of the discussion, although the provisions in question may be of interest to other regional, and possibly also to some universal, organizations. Under the Annex (Art. 3, para. r ), the Community may become a party to the Convention by signing it and then confirming signature, or else by "ac- cession". However, this depends on the condition that "a majority of its member States" are also States parties to the Convention (Art. 3, para. i)2. This is http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

THE EUROPEAN COMMUNITY'S PARTICIPATION IN THE LAW OF THE SEA CONVENTION: SOME INCOHERENCIES IN A COMPROMISE SOLUTION

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Publisher
Brill
Copyright
Copyright 1983 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0391-5107
eISSN
2211-6133
D.O.I.
10.1163/221161381X00087
Publisher site
See Article on Publisher Site

Abstract

by i. The lengthy discussion concerning participation in the Law of the Sea Convention resulted in August 1981 in a new text - the President's Revised Draft 1 (FC/27 of 27 August 1981, Annex 2). Further discussion led to a memorandum issued by the Collegium on Changes Incorporated in the Draft Convention (A/CC?NF. 62/L. 93) and finally to Arts. 305-307 of the Con- vention and Annex IX. Art. 305 (e) of the Convention and Art. i of Annex IX cover "international organizations" constituted by States to which such member States "have transferred competence over matters governed by this Convention, including the competence to enter into treaties in respect of those matters". Participation by the European Community has remained at the centre of the discussion, although the provisions in question may be of interest to other regional, and possibly also to some universal, organizations. Under the Annex (Art. 3, para. r ), the Community may become a party to the Convention by signing it and then confirming signature, or else by "ac- cession". However, this depends on the condition that "a majority of its member States" are also States parties to the Convention (Art. 3, para. i)2. This is

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 1980

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