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III.2: Privileges and immunities of specialized agencies

UNION OF SOVIET SOCIALIST REPUBLICS11

Declaration

made upon accession and also contained in the notification received оп 16 November 1972:

The Union of Soviet Socialist Republics does not consider itself bound by the provisions of sections 24 and 32 of the Convention, concerning the compulsory jurisdiction of the International Court of Justice. Concerning the jurisdiction of the International Court of Justice in disputes arising out of the interpretation or application of the Convention, the USSR will maintain the same position as hitherto, namely, that for any dispute to be referred to the International Court of Justice for settlement, the agreement of all Parties involved in the dispute must be obtained in each individual case. This reservation similarly applies to the provision contained in section 32, stipulating that the advisory opinion of the International Court of Justice shall be accepted as decisive.

X UNITED KINGDOM OF GREAT BRITAIN AND

NORTHERN IRELAND

"It is not possible for any Government fully to comply with the requirements of Section 11 of that Convention in SO

far as it requires the Specialized Agency to enjoy in the territory of a state party to the Convention treatment not less favourable than that accorded by the Government of that state to any other Government in the matter of priorities and rates on telecommuni- cations, unless and until all other Governments collaborate in according this treatment to the Agency in question. It is understood that this matter is being discussed in the International Telecommunication Union."

17 December 1954 "With regard to the Universal Postal Union and the World Meteorological Organization,

"The

no

Government can fully comply with Section 11 of this Convention which requires that the special- ized agencies shall enjoy, in the territory of each State party to the Convention, for their official communications, treatment not less favourable that that accorded by the Government of such a State to any other Government in the matter of priorities, rates and taxes on telecom- munications so long as all the other Governments have not decided to co-operate in granting this treatment to the agencies in question. This matter is under consideration by the United Nations and the International Telecommunication Union.

"The final text of the annex to the Convention approved by the International Telecommunication Union and transmitted by the Union to the Secretary-General of the United Nations in accordance with Section 36 of the Convention contains a statement that the Union would not claim for itself the enjoyment of privileged treatment with regard to the facilities in respect of communications provided in Section 11 of the Convention."

4 November 1959

"Her Majesty's Government observe [in connection with its notification of application to the International Maritime Organisation] that it would be impracticable for any Government fully to comply with Section 11 of the Convention which requires that the Specialized Agencies shall enjoy, in the territory of each State party to the Convention, for their official communica- tions, treatment not less favourable than that accorded by the Government of such State to any other Government in the matter of priorities, rates and taxes on telecommunications, until such time as all the other Governments have decided to co-operate in granting this treatment to the agencies in question. This matter is under consideration by the United Nations and the International Telecommunication Union."

OBJECTIONS

(Unless otherwise indicated, the objections were made upon accession.)

NETHERLANDS 16

11 January 1980 Government of the Kingdom of the Netherlands has noted the reservation made on the accession of China to the Convention on the priv- ileges and immunities of the specialized agen- cies, and is of the opinion that the reservation

mentioned, and similar reservations other States have made in the past or may make in the future, are incompatible with the objectives and purposes of the Convention.

The Government of the Kingdom of the Netherlands does, however, not wish to raise a formal objection to these reservations made by States parties to the Convention."

NOTES:

1/

Resolution 179 (II); Official Records of the Second

Session of the General Assembly.

Resolutions (A/519),

2/

P 112.

Resolution No. 108, adopted by the General Council of the International Refugee Organization at its 101st meeting on 15 February 1952, provided for the liquidation of the Organization.

3/

In

a communication received

by

the

Secretary-General on 10 October 1957, the Govern- ment of the Federal Republic of Germany declared

51

that the Convention will also apply to the Saar Territory except that Section 7 (b) of the Con- vention shall not take effect with regard to the Saar Territory until the expiration of the interim period defined in article 3 of the Treaty of 27 October 1956 between France and the Federal Republic of Germany,

4/

The German Democratic Republic had acceded to the Convention, with a reservation, on 4 October 1974 in respect of the following special- ized agencies: ILO, UNESCO, WHO (third revised text of annex VII), UPU, ITU, WMO, IMO (revised text of annex XII). For the text of the reserva-