Студопедия

Главная страница Случайная страница

КАТЕГОРИИ:

АвтомобилиАстрономияБиологияГеографияДом и садДругие языкиДругоеИнформатикаИсторияКультураЛитератураЛогикаМатематикаМедицинаМеталлургияМеханикаОбразованиеОхрана трудаПедагогикаПолитикаПравоПсихологияРелигияРиторикаСоциологияСпортСтроительствоТехнологияТуризмФизикаФилософияФинансыХимияЧерчениеЭкологияЭкономикаЭлектроника






Last update: 10.04.2014






 

Entry into force: 01.12.1983

Number of Contracting States to this Convention: 93

 

Members of the Organisation

 

States S < 1> R/A/Su < 2> Type < 3> EIF < 4> Ext < 5> Auth < 6> Res/D/N < 7>
Albania   04.05.2007 A* 01.08.2007     Res
Argentina 28.01.1991 19.03.1991 R 01.06.1991     D
Australia 29.10.1986 29.10.1986 R 01.01.1987     D
Austria 12.05.1987 14.07.1988 R 01.10.1988      
Belarus   12.01.1998 A* 01.04.1998     Res
Belgium 11.01.1982 09.02.1999 R 01.05.1999      
Bosnia and Herzegovina   23.08.1993 Su 06.03.1992      
Brazil   19.10.1999 A* 01.01.2000     Res
Bulgaria   20.05.2003 A* 01.08.2003     Res 26, 42
Burkina Faso   25.05.1992 A* 01.08.1992      
Canada 25.10.1980 02.06.1983 R 01.12.1983     D, Res 6, 26, 40, 42
Chile   23.02.1994 A* 01.05.1994     D
China, People's Republic of     C       D, N
Costa Rica   09.11.1998 A* 01.02.1999      
Croatia   23.04.1993 Su 01.12.1991      
Cyprus   04.11.1994 A* 01.02.1995      
Czech Republic 28.12.1992 15.12.1997 R 01.03.1998     Res
Denmark 17.04.1991 17.04.1991 R 01.07.1991     Res 24, 26, 39
Ecuador   22.01.1992 A* 01.04.1992      
Estonia   18.04.2001 A* 01.07.2001     Res 24, 26
Finland 25.05.1994 25.05.1994 R 01.08.1994     Res 24, 26
France 25.10.1980 16.09.1982 R 01.12.1983     Res, D 24, 26, 39
Georgia   24.07.1997 A* 01.10.1997      
Germany 09.09.1987 27.09.1990 R 01.12.1990     D, Res 24, 26
Greece 25.10.1980 19.03.1993 R 01.06.1993     Res 24, 26
Hungary   07.04.1986 A* 01.07.1986      
Iceland   14.08.1996 A* 01.11.1996     Res 24, 26
Ireland 23.05.1990 16.07.1991 R 01.10.1991      
Israel 04.09.1991 04.09.1991 R 01.12.1991     Res
Italy 02.03.1987 22.02.1995 R 01.05.1995      
Japan 24.01.2014 24.01.2014 R 01.04.2014     Res 24, 26
Korea, Republic of   13.12.2012 A* 01.03.2013     D, Res 24, 26, 42
Latvia   15.11.2001 A* 01.02.2002     Res
Lithuania   05.06.2002 A* 01.09.2002     Res 24, 26
Luxembourg 18.12.1984 08.10.1986 R 01.01.1987     Res
Malta   26.10.1999 A* 01.01.2000      
Mauritius   23.03.1993 A* 01.06.1993     Res
Mexico   20.06.1991 A* 01.09.1991      
Monaco   12.11.1992 A* 01.02.1993     Res
Montenegro   01.03.2007 Su 03.06.2006      
Morocco   09.03.2010 A* 01.06.2010      
Netherlands 11.09.1987 12.06.1990 R 01.09.1990     D, Res
New Zealand   31.05.1991 A* 01.08.1991     Res 24, 26
Norway 09.01.1989 09.01.1989 R 01.04.1989     Res 24, 26
Panama   02.02.1994 A* 01.05.1994     Res
Paraguay   13.05.1998 A* 01.08.1998      
Peru   28.05.2001 A* 01.08.2001      
Poland   10.08.1992 A* 01.11.1992     Res
Portugal 22.06.1982 29.09.1983 R 01.12.1983      
Romania   20.11.1992 A* 01.02.1993      
Russian Federation   28.07.2011 A* 01.10.2011     Res
Serbia   29.04.2001 Su 27.04.1992      
Singapore   28.12.2010 A* 01.03.2011     Res 24, 26
Slovakia 28.12.1992 07.11.2000 R 01.02.2001     Res
Slovenia   22.03.1994 A* 01.06.1994      
South Africa   08.07.1997 A* 01.10.1997     Res 24, 26
Spain 07.02.1986 16.06.1987 R 01.09.1987      
Sri Lanka   28.09.2001 A* 01.12.2001     Res 24, 26
Sweden 22.03.1989 22.03.1989 R 01.06.1989     Res
Switzerland 25.10.1980 11.10.1983 R 01.01.1984      
The former Yugoslav Republic of Macedonia   20.09.1993 Su 01.12.1991      
Turkey 21.01.1998 31.05.2000 R 01.08.2000     Res
Ukraine   02.06.2006 A* 01.09.2006      
United Kingdom of Great Britain and Northern Ireland 19.11.1984 20.05.1986 R 01.08.1986     N, Res 26, 39
United States of America 23.12.1981 29.04.1988 R 01.07.1988     Res 24, 26
Uruguay   16.11.1999 A* 01.02.2000      
Venezuela 16.10.1996 16.10.1996 R 01.01.1997     Res
Zambia   26.08.2014 A* 01.11.2014      

 

Non-Member States of the Organisation

 

States S < 1> R/A/Su < 2> Type < 3> EIF < 4> Ext < 5> Auth < 6> Res/D/N < 7>
Andorra   06.04.2011 A* 01.07.2011     Res 24, 26
Armenia   01.03.2007 A* 01.06.2007     Res 24, 26
Bahamas   01.10.1993 A* 01.01.1994      
Belize   22.06.1989 A* 01.09.1989     Res 24, 26
Colombia   13.12.1995 A* 01.03.1996      
Dominican Republic   11.08.2004 A* 01.11.2004      
El Salvador   05.02.2001 A* 01.05.2001     D, Res 3, 26
Fiji   16.03.1999 A* 01.06.1999      
Gabon   06.12.2010 A* 01.03.2011      
Guatemala   06.02.2002 A* 01.05.2002     Res 24, 26
Guinea   07.11.2011 A* 01.02.2012      
Honduras   20.12.1993 A* 01.03.1994     Res
Iraq   21.03.2014 A* 01.06.2014      
Kazakhstan   03.06.2013 A* 01.09.2013     Res
Lesotho   18.06.2012 A* 01.09.2012      
Nicaragua   14.12.2000 A* 01.03.2001      
Republic of Moldova   10.04.1998 A* 01.07.1998     Res
Saint Kitts and Nevis   31.05.1994 A* 01.08.1994     Res
San Marino   14.12.2006 A* 01.03.2007     D
Seychelles   27.05.2008 A* 01.08.2008      
Thailand   14.08.2002 A* 01.11.2002     Res
Trinidad and Tobago   07.06.2000 A* 01.09.2000      
Turkmenistan   29.12.1997 A* 01.03.1998      
Uzbekistan   31.05.1999 A* 01.08.1999     Res
Zimbabwe   04.04.1995 A* 01.07.1995     Res

 

N.B. In case a particular territorial unit is not mentioned in this table of extensions, it means that the application of the Convention has not (yet) been extended to that territorial unit.

 

Territorial units Extension EIF Auth Res/D/N
Alberta (CA) 4-XI-1986 1-II-1987   D, Res
British Columbia (CA) 2-VI-1983 1-XII-1983   D, Res 26, 40, 42
Manitoba (CA) 2-VI-1983 1-XII-1983    
New Brunswick (CA) 2-VI-1983 1-XII-1983   D, Res 26, 40, 42
Newfoundland and Labrador (CA) 6-VII-1984 1-X-1984   D, Res
Northwest Territories (CA) 26-I-1988 1-IV-1988   Res
Nova Scotia (CA) 27-II-1984 1-V-1984   D, Res
Nunavut (CA) 26-X-2000 1-I-2001   Res
Ontario (CA) 2-VI-1983 1-XII-1983   D, Res 26, 40, 42
Prince Edward Island (CA) 12-II-1986 1-V-1986   D, Res
Quebec (CA) 11-X-1984 1-I-1985   D, Res 24, 26
Saskatchewan (CA) 11-VIII-1986 1-XI-1986   D, Res
Yukon Territory (CA) 18-XI-1984 1-II-1985   D, Res
the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) (NL) 18-X-2010 1-I-2011   D
Anguilla (UK) 13-VI-2007 1-IX-2007    
Bermuda (UK) 21-XII-1998 1-III-1999    
Cayman Islands (UK) 8-V-1998 1-VIII-1998    
Falkland Islands (UK) 26-III-1998 1-VI-1998   N
Isle of Man (UK) 28-VI-1991 1-IX-1991    
Jersey (UK) 19-XII-2005 1-III-2006    
Montserrat (UK) 10-XII-1998 1-III-1999    

 

--------------------------------

< 1> S = Signature

< 2> R/A/Su = Ratification, Accession or Succession

< 3> Type = R: Ratification;

A: Accession;

A*: Accession giving rise to an acceptance procedure; click on A* for details of acceptances of the accession;

C: Continuation;

Su: Succession;

Den: Denunciation;

< 4> EIF = Entry into force

< 5> Ext = Extensions of application

< 6> Auth = Designation of Authorities

< 7> Res/D/N = Reservations, declarations or notifications

 

Type

 

Bosnia and Herzegovina Type [Su]

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991. On 23 August 1993, the Republic of Bosnia and Herzegovina declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

 

China, People's Republic of Type [C]

This Convention applies to the Special Administrative Regions of Hong Kong and Macao only, as a result of extensions made by the United Kingdom of Great Britain and Northern Ireland and Portugal, respectively. When Hong Kong and Macao were restored to the People's Republic of China on 1 July 1997 and 20 December 1999, respectively, China declared that the Convention will continue to apply for Hong Kong and Macao.

Date of entry into force of the Convention for Hong Kong: 1 September 1997; date of entry into force for Macao: 1 March 1999.

Declarations/notifications:

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997 the Minister of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 13 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.

The Note from the Ambassador of the United Kingdom reads as follows:

" Your Excellency,

I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which applies to Hong Kong at present.

I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.

I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)

(signed Rosemary Spencer)".

The Note from the Ambassador of the People's Republic of China reads as follows:

(Translation)

" Your Excellency,

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the " Joint Declaration"), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section XI of Annex I to the Joint Declaration, " Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:

The Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the " Convention"), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declarations:

1. In accordance with the provisions of Article 42 of the Convention, the Hong Kong Special Administrative Region will not be bound to bear any costs referred to in paragraph 2 of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice;

2. In accordance with Article 6 of the Convention, it designates the Secretary of Justice of the Government of the Hong Kong Special Administrative Region as the Central Authority for the Hong Kong Special Administrative Region.

It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)

(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China)".

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that the Minister for Foreign Affairs of the Kingdom of the Netherlands received a letter dated 26 November 1999 from the Ambassador of Portugal at The Hague and a letter dated 10 December 1999 from the Ambassador of the People's Republic of China at The Hague. The letter from the Ambassador of Portugal reads as follows:

" Upon instructions from my Government and referring to the Convention on the Civil Aspects of International Child Abduction concluded at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following:

In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.

From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao. (...)"

The letter from the Ambassador of the People's Republic of China reads as follows:

(Translation)

" In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referrred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao, may continue to be implemented in the Macao Special Administrative Region.

In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:

The Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980 (hereinafter referred to as the " Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.

(...)

Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention. (...)

 

Croatia Type [Su]

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991. On 5 April 1993 the Republic of Croatia declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

 

France Type [R]

Translation by the Permanent Bureau:

The instrument of ratification of France clearly indicates that the Convention applies to the entire territory of the French Republic. Consequently, besides Metropolitan France and the Overseas Departments (French Guyana, Guadeloupe, Reunion, Martinique), the Convention applies to all of the other French overseas territories.

 

Montenegro Type [Su]

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991.

By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia (since 4 February 2003 called " Serbia and Montenegro") declared itself to be bound by the Convention. No objection has been received from the Contracting States.

The Ministry of Foreign Affairs of the Netherlands, depositary of the Hague Conventions, has notified the Member States of the Hague Conference on 5 July 2006 that " Following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006." By letter received by the depositary on 1 March 2007, the Republic of Montenegro declared itself to be bound by the Convention: "...the Government of the Republic of Montenegro succeeds to the Convention on the Civil Aspects of International Child Abduction, concluded at The Hague on 25 October 1980, and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon which the Republic of Montenegro assumed responsibility for its international relations." No objection was received from the other Contracting States.

 

Serbia Type [Su]

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991.

By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia (since 4 February 2003 called " Serbia and Montenegro") declared itself to be bound by the Convention. No objection has been received from the Contracting States.

The Ministry of Foreign Affairs of the Netherlands, depositary of the Hague Conventions, has notified the Member States of the Hague Conference on 5 July 2006 that " Following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006."

 

The former Yugoslav Republic of Macedonia Type [Su]

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991. On 20 September 1993, The former Yugoslav Republic of Macedonia declared itself to be bound by the Convention.

By letter dated 30 November 1993, the Ambassador of Greece to the Netherlands informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands that His Government does not recognize The former Yugoslav Republic of Macedonia and consequently does not consider itself to be bound by the Conventions to which the latter is a Party.

No objection has been received from the other Contracting States.

 

United Kingdom of Great Britain and Northern Ireland Type [R]

Ratification in respect of the United Kingdom of Great Britain and Northern Ireland only.

 

Res/D/N

 

Albania: Reservations

Articles [26]

In accordance with Article 42 of the Convention, the Republic of Albania reserves the right that it shall not be bound to assume any costs referred to in the second paragraph of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

 

Argentina: Declarations

By Note A.E. No 33/98 dated 31 May 1998, the Embassy of the Argentine Republic transmitted to the depositary a declaration concerning the extension of the application of the Convention by the United Kingdom of Great Britain and Northern Ireland to the Falkland Islands. The Note reads as follows:

" The Embassy of the Argentine Republic presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands - Treaties Division - and has the honour to address the Government of the Netherlands in its capacity of Depositary of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25th October 1980.

In that respect, the Argentine Republic rejects the extension of the application of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25th October 1980, to the Malvinas, South Georgia and South Sandwich Islands, notified by the United Kingdom of Great Britain and Northern Ireland to the Government of the Netherlands as Depositary of the Convention.

The General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21 and 41/40 which recognize the existence of a dispute over sovereignty relating to archipelago, urging the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute through the good offices of the Secretary General of the United Nations, who is to report to the General Assembly on the progress made.

The Argentine Republic reaffirms its sovereign rights over the Malvinas, South Georgia and South Sandwich Islands and its surrounding maritime areas, which form an integral part of its national territory.

The Argentine Government requests the Government of the Netherlands to notify the preceding communication to the Members of the Hague Conference on private international law and signatories and Parties to the above-mentioned Convention.

The Embassy of the Argentine Republic kindly requests the Ministry of Foreign Affairs - Treaties Division - to circulate the preceding communication at the earliest possible convenience. (...)".

By Note No 129 dated 22 July 1998, Her Britannic Majesty's Embassy at The Hague informed the depositary of the following regarding the declaration of the extension of the application of the Convention to the Falkland Islands:

" With reference to the declaration made by the Republic of Argentina rejecting the extension of the Convention to the Falkland Islands, South Georgia and the South Sandwich Islands, the position of the United Kingdom is well known and remains unchanged. The United Kingdom has no doubt about its sovereignty over the Falkland Islands (which is the correct title for the territory recognised by the Administering Power), and over South Georgia and the South Sandwich Islands and its consequent right to extend treaties to them."

Declaration of 4 August 2009

"...with regard to Notification No. 3/2009, March 6 2009, by which the United Kingdom of Great Britain and Northern Ireland accepts on behalf of the Malvinas Islands, among other territories, the accession of Bulgaria, Costa Rica and El Salvador to the said Convention.

The Argentine Republic recalls that, by Note A.E. No. 33/98, May 30 1998, it rejected the extension of the Convention to Malvinas, South Georgias and South Sandwich Islands, which was notified by the United Kingdom on March 26, 1998. In the same manner, by Note A.E. No. 47/98, July 13 1998, it disowned the appointment of the illegitimate governor as central authority in the Malvinas Islands as well as any other act derived from the illegitimate extension of the said Convention by the United Kingdom.

Taking into account this precedents, the Argentine Government also rejects the acceptance of the accession and entry into force of the said Convention with regard to Bulgaria, Costa Rica and El Salvador made by the United Kingdom on behalf of the Malvinas Islands.

The Argentine Government recalls that the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine Republic's national territory and that, being illegitimately occupied by the United Kingdom of Great Britain and Northern Ireland, they are subject to a sovereignty dispute between both countries, which is recognized by the United Nations and other international organizations.

In that respect, it recalls that the General Assembly of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, where it recognizes the existence of the sovereignty dispute to which the Question of the Malvinas Islands refers and it urges the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find a peaceful and lasting solution to the dispute as soon as possible. In turn, the UN Special Committee on Decolonization has repeatedly urged them to do the same since 1989, most recently through its resolution of 12 June 2008. Furthermore, on 3 June 2008, the General Assembly of the Organization of American States issued a similar decision on this Question.

The Argentine Government reaffirms its legitimate sovereign rights over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, which are an integral part of its national territory."

 

Australia: Declarations

The Convention extends to the legal system applicable only in the Australian States and mainland Territories.

 

Belarus: Reservations

Articles [26]

The Republic of Belarus declares that it shall not be bound to assume any costs referred to in paragraph 2 of Article 26 of this Convention resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

 

Brazil: Reservations

Articles [24]

(Translation)

(...) with a reservation as provided for in Article 24 of the said Convention (permitted under Article 42), to the effect that foreign documents appended to legal instruments must be accompanied by a translation into Portuguese done by a sworn translator.*

*The Ministry of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 21 June 2000 from the Embassy of Finland concerning the reservation made by Brazil. The Note reads as follows:

" (...)The Government of Finland is unable to accept the reservation in so far as it is incompatible with Article 24(2) and 42(1) of the Convention.

According to Article 24(1), any application, communication or other document sent to the Central Authority shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State, or where that is not feasible, a translation into French or English. Under Article 24(2) a Contracting State may, by making a reservation, object the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.

Having regard to the wording and purpose of this provision the Finnish Government considers that the reservation made by Brazil, which excludes the use of both French and English languages in cases where it is not feasible to obtain a translation of the document into Portuguese, is not allowed under Article 24(2) and 42(1). In conclusion, the Finnish Government declares that in relation to Finland this reservation may not be invoked by the authorities of Brazil in so far as this would be incompatible with the aforementioned provisions of the Convention.

This declaration is not to be interpreted as preventing the entry into force of the Convention between Finland and Brazil.(...)"

 

Bulgaria: Reservations

Articles [26, 42]

In accordance with Article 42, paragraph 1, of the Convention, the Republic of Bulgaria declares it shall not be bound to assume any costs and expenses resulting from proceedings or, where applicable, those arising from the participation of legal counsel and those of returning the child."

 

Canada: Declarations Reservations

Articles [6, 26, 40, 42]

Click here for the current list of extensions, including all reservations and declarations.

 

Chile: Declarations

Articles [3]

" Chile entiende el 3 de la sobre los Aspectos Civiles del Secuestro Internacional de en el sentido que no se opone a la nacional que estipula que el derecho de y custodia se ejerce hasta los 18 de edad."

(Translation)

Chile understands Article 3 of the Convention on the Civil Aspects of International Child Abduction in the sense that it is not inconsistent with the national legislation which provides that the right to guardianship and custody is exercised until the age of 18.

 

China, People's Republic of: Declarations Notifications

Articles [26]

This Convention applies to the Special Administrative Regions of Hong Kong and Macao only, as a result of extensions made by the United Kingdom of Great Britain and Northern Ireland and Portugal, respectively. When Hong Kong and Macao were restored to the People's Republic of China on 1 July 1997 and 20 December 1999, respectively, China declared that the Convention will continue to apply for Hong Kong and Macao.

Date of entry into force of the Convention for Hong Kong: 1 September 1997; date of entry into force for Macao: 1 March 1999.

Declarations / notifications:

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997 the Minister of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 13 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.

The Note from the Ambassador of the United Kingdom reads as follows:

" Your Excellency,

I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which applies to Hong Kong at present.

I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.

I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)

(signed Rosemary Spencer)".

The Note from the Ambassador of the People's Republic of China reads as follows:

(Translation)

" Your Excellency,

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the " Joint Declaration"), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section XI of Annex I to the Joint Declaration, " Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:

The Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the " Convention"), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declarations:

1. In accordance with the provisions of Article 42 of the Convention, the Hong Kong Special Administrative Region will not be bound to bear any costs referred to in paragraph 2 of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice;

2. In accordance with Article 6 of the Convention, it designates the Secretary of Justice of the Government of the Hong Kong Special Administrative Region as the Central Authority for the Hong Kong Special Administrative Region.

It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)

(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China)".

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that the Minister for Foreign Affairs of the Kingdom of the Netherlands received a letter dated 26 November 1999 from the Ambassador of Portugal at The Hague and a letter dated 10 December 1999 from the Ambassador of the People's Republic of China at The Hague. The letter from the Ambassador of Portugal reads as follows:

" Upon instructions from my Government and referring to the Convention on the Civil Aspects of International Child Abduction concluded at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following:

In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.

From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao. (...)"

The letter from the Ambassador of the People's Republic of China reads as follows:

(Translation)

" In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referrred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao, may continue to be implemented in the Macao Special Administrative Region.

In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:

The Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980 (hereinafter referred to as the " Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.

(...)

Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention. (...)

Notification of 3 September 2012 with regard to the SAR of Macao

" Official languages of MSAR are Chinese and Portuguese. Processing of applications under the Convention would be expedited if applications and other documents addressed to Central Authority of MSAR could be accompanied by a translation into Chinese or Portuguese."

 

Czech Republic: Reservations

Articles [26]

(Translation)

Having examined this Convention and knowing that the Parliament of the Czech Republic has given its consent thereto, we hereby ratify and confirm it with the reservation according to Article 42 of the Convention, that the Czech Republic shall not be bound to assume any costs referred to in Article 26, paragraph 2, of the Convention, resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its legal system of legal aid and advice.

 

Denmark: Reservations

Articles [24, 26, 39]

(Translation)

(1) pursuant to the provisions of Article 39, paragraph 1, the Convention shall not be applicable to the territories of the Faroe Islands and Greenland;

(2) pursuant to the provisions of Article 42, paragraph 1,

a) the Kingdom of Denmark objects to the use of French in any application, communication or other document sent to its Central Authority (cf. Article 24, paragraph 2); and

b) it shall not be bound to assume any costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice (cf. Article 26, paragraph 3).

 

Estonia: Reservations

Articles [24, 26]

(...)

2) pursuant to Article 42 and Article 24, paragraph 2, of the Convention the Republic of Estonia only accepts English language with regard to applications, communications or other documents;

3) pursuant to Article 42 and Article 26, paragraph 3, of the Convention the Republic of Estonia will not accept obligations with regard to expenses referred to in Article 26, paragraph 2, which result from the participation of a legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice."

 

Finland: Reservations

Articles [24, 26]

1. Finland declares, according to Article 42 and Article 24, paragraph 2, of the Convention, that it accepts only the use of English in applications, communications and other documents sent to its Central Authority.

2. Finland declares, according to Article 42 and Article 26, paragraph 3, of the Convention, that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

 

France: Reservations Declarations

Articles [24, 26, 39]

(Translation)

1) (...)

2) In accordance with the provisions of Article 42 and pursuant to Article 24, paragraph 2, the Government will consider only those applications which are drawn up in French, or are accompanied by a translation into French, and will require a translation into French of any communication or document sent to its Central Authority.

3) In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government declares that it will assume the costs referred to in paragraph 2 of Article 26 only insofar as those costs are covered by the French system of legal aid.

4) In accordance with the provisions of Article 39, the Government declares that the Convention shall extend to the whole of the territory of the French Republic.

 

Germany: Declarations Reservations

Articles [24, 26]

" [Die Bundesrepublik Deutschland] in mit Artikel 26 Abs. 3, sie nur insoweit gebunden ist, die sich aus der Beiordnung eines Rechtsanwalts oder aus einem Gerichtsverfahren ergebenden Kosten im Sinn des Artikels 26 Abs. 2 zu , als diese Kosten durch ihre Vorschriften die und Beratungshilfe gedeckt sind."

" Die Bundesrepublik Deutschland geht davon aus, Ersuchen aus anderen Vertragsstaaten Artikel 24 Abs. 1 von einer deutschen begleitet sein werden."

(Courtesy translation)

[The Federal Republic of Germany] declares in accordance with the third paragraph of Article 26 that it is not bound to assume any costs referred to in the second paragraph of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its regulations concerning legal aid and advice.

The Federal Republic of Germany assumes that, in accordance with the first paragraph of Article 24, applications from other Contracting States shall regularly be accompanied by a translation into German.

 

Greece: Reservations

Articles [24, 26]

(Translation)

1. In accordance with Article 42 of the Convention on the Civil Aspects of International Child Abduction, Greece declares that it shall not be bound to assume any costs referred to in the second paragraph of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs concern cases of free legal aid.

2. In accordance with Article 42 of the above-mentioned Convention Greece declares that it objects to the use of the French language in any application, communication or other document sent to its Central Authority.

 

Iceland: Reservations

Articles [24, 26]

1. In accordance with Article 42, paragraph 1, and Article 24, paragraph 2, of the Convention, Iceland makes a reservation with regard to Article 24, paragraph 1, and objects to the use of French in any application, communication or other document sent to its Central Authority.

2. In accordance with Article 42, paragraph 1, and Article 26, paragraph 3, of the Convention, Iceland makes a reservation that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

The other provisions of the Convention shall be inviolably observed.

 

Israel: Reservations

Articles [26]

In accordance with Articles 26 and 42 of the Convention, the State of Israel hereby declares that, in proceedings under the Convention, it shall not be bound to assume any costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

 

Japan: Reservations

Articles [24, 26]

Pursuant to Article 24, paragraph 2 of the Convention, the Government of Japan objects to the use of French in any application, communication or other document sent to its Central Authority.

Pursuant to Article 26, paragraph 3 of the Convention, the Government of Japan declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

 

Korea, Republic of: Declarations Reservations

Articles [24, 26, 42]

1. Pursuant to Article 42 and 24 of the Convention, the Republic of Korea objects to the use of French in any application, communication or other document sent to its Central Authority.

2. Pursuant to Article 42 and 26 of the Convention, the Republic of Korea declares that it shall not be bound to assume any costs referred to in the second paragraph of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advise.

 

Latvia: Reservations

Articles [24]

In accordance with Article 42 and Article 24, paragraph 2, of the Convention on the Civil Aspects of International Child Abduction the Republic of Latvia declares that it accepts only the use of English in any application, communication or other document sent to its Central Authority.

 

Lithuania: Reservations

Articles [24, 26]

1. Pursuant to Article 42 and paragraph 2 of Article 24 of the Convention, the Republic of Lithuania consents to using only the English language for any application, communication or other document sent to its Central Authority;

2. Pursuant to Article 42 and paragraph 3 of Article 26 of the Convention, the Republic of Lithuania shall not be bound to assume any costs referred to in paragraph 2 of Article 26 of the Convention resulting from court proceedings or from the participation of legal counsel or advisers, except insofar as those costs may be covered by the system of legal aid and advice of the Republic of Lithuania.

 

Luxembourg: Reservations

Articles [26]

(Translation)

The Grand-Duchy of Luxembourg declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, of the Convention, namely the costs resulting from the participation of legal counsel or advisers


Поделиться с друзьями:

mylektsii.su - Мои Лекции - 2015-2024 год. (0.118 сек.)Все материалы представленные на сайте исключительно с целью ознакомления читателями и не преследуют коммерческих целей или нарушение авторских прав Пожаловаться на материал