[Notes on Article 9, contd.]
IPIC/DC/3 page 58
119. Ad paragraph (3): Paragraph (3) deals with three questions concerning voting: first, which Contracting Parties have the right to vote; many votes each Contracting Party that has the right to vote has; whether a Contracting Party can delegate the exercise of its right to vote.
second, how third,
120. As to the first question, subparagraph (a) provides that each Contracting Party has the right to vote. This applies irrespective of whether it is a State or an Intergovernmental Organization. As to the second question, subparagraph (a) provides that the number of votes that each Contracting Party has is one. Consequently, even if the Contracting Party is an Intergovernmental Organization with several States as its members, it will have only one vote. As to the third question, the rule contained in subparagraph (a) is that each Contracting Party may vote only in its own name, which means that no Contracting Party may delegate the exercise of its right to vote to another Contracting Party. This rule, however, is subject to an exception. That exception is provided for in subparagraph (b):
the exercise
of the right to vote may be delegated by a member State of an Intergovernmental Organization to that Organization, both being Contracting
Parties.
121. It is to be noted that the Treaty does not attempt to resolve the question in which circumstances the said delegation of the exercise of the right to vote can, should or should not occur. Organization and its members will have to resolve internally, that is, among
This is a question that the themselves, in each case where there is a vote. they will resolve it according to the nature of the question to be voted
It is to be presumed that upon. If the question is one that falls in the jurisdiction of the individual States, they will probably not delegate the exercise of their right to vote to the Organization. If the question is one that falls in the jurisdiction of the Organization, they will probably delegate the exercise of their right to vote to the Organization. There may be circumstances where it is difficult to decide in whose jurisdiction the question falls. The decision will have to be made internally. The other members of the Assembly should not be put into a position in which they would have to make the decision or exercise a control over the correctness of the internal decision. This is why the Treaty is silent on the question of whether, in any given case, the exercise of the right to vote is to be delegated or not.
122. It is also to be noted that, since subparagraph (3)(a) provides, without any qualification, that each Contracting Party shall have one vote, an Intergovernmental Organization that is party to the Treaty will have a vote irrespective of the number of its member States that are party to the Treaty. If, for example, an Intergovernmental Organization that is party to the Treaty has 12 member States and all of them are also party to the Treaty, the number of votes available to the combination of both the Organization and its member States will be 13. Or, if an Intergovernmental Organization that is party to the Treaty has 12 member States but only four of them are party to the Treaty, the total number of votes at their disposal will be five. even envisage a situation--for example, if the Intergovernmental Organization
Finally, one can has the sole jurisdiction (rather than a concurrent or parallel jurisdiction)--where only the Organization adheres and none of its member' States adheres. In such a case, the number of votes available will be one. All this seems to be a logical consequence of enabling an Intergovernmental Organization to become a Contracting Party.
123. Ad paragraphs (4) and (5): These provisions are self-explanatory.
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