diff --git a/verdrag/verdrag-inzake-de-internationale-organisatie-voor-mobiele-satellieten/BWBV0003238/README.md b/verdrag/verdrag-inzake-de-internationale-organisatie-voor-mobiele-satellieten/BWBV0003238/README.md new file mode 100644 index 00000000000..3c173844829 --- /dev/null +++ b/verdrag/verdrag-inzake-de-internationale-organisatie-voor-mobiele-satellieten/BWBV0003238/README.md @@ -0,0 +1,172 @@ +--- +titel: Verdrag inzake de Internationale Organisatie voor Mobiele Satellieten +bwb_id: BWBV0003238 +type: verdrag +status: geldend +datum_inwerkingtreding: '1979-07-16' +bron: https://wetten.overheid.nl/BWBV0003238 +citeertitel: Verdrag inzake de Internationale Organisatie voor Mobiele Satellieten +--- + +# Verdrag inzake de Internationale Organisatie voor Mobiele Satellieten + +### Artikel 1 + +For the purposes of this Convention: + +a) “The Organization” means the intergovernmental organization established pursuant to Article 2. +b) “The Company” means the corporate entity or entities established under national law and through which the Inmarsat satellite system is operated. +c) “Party” means a State for which this Convention has entered into force. +d) “Public Services Agreement” means the Agreement executed by the Organization and the Company, as referred to in Article 4(1). +e) “GMDSS” means the Global Maritime Distress and Safety System as established by the International Maritime Organization. + +### Artikel 2 + +The International Mobile Satellite Organization, herein referred to as “the Organization”, is hereby established. + +### Artikel 3 + +The purpose of the Organization is to ensure that the basic principles set forth in this Article are observed by the Company, namely: + +a) ensuring the continued provision of global maritime distress and safety satellite communications services, in particular those which are specified in the International Convention for the Safety of Life at Sea, 1974, as amended from time to time, and the Radio Regulations specified in the Constitution and the Convention of the International Telecommunication Union, as amended from time to time, relative to the GMDSS; +b) providing services without discrimination on the basis of nationality; +c) acting exclusively for peaceful purposes; +d) seeking to serve all areas where there is a need for mobile satellite communications, giving due consideration to the rural and the remote areas of developing countries; +e) operating in a manner consistent with fair competition, subject to applicable laws and regulations. + +### Artikel 4 + +**1.** The Organization, with the approval of the Assembly, shall execute a Public Services Agreement with the Company and shall conclude such other arrangements as may be necessary to enable the Organization to oversee and ensure the observance by the Company of the basic principles set forth in Article 3, and to implement any other provision of this Convention. + +**2.** Any Party in whose territory the Company's headquarters are located shall take appropriate measures, in accordance with its national laws, as may be necessary to enable the Company to continue to provide GMDSS services and observe the other basic principles, as referred to in Article 3. + +### Artikel 5 + +The organs of the Organization shall be: + +(a) The Assembly. +(b) A Secretariat, headed by a Director. + +### Artikel 6 + +**1.** The Assembly shall be composed of all the Parties. + +**2.** Regular sessions of the Assembly shall be held once every two years. Extraordinary sessions shall be convened upon the request of one-third of the Parties or upon the request of the Director, or as may be provided for in the Rules of Procedure for the Assembly. + +**3.** All Parties are entitled to attend and participate at meetings of the Assembly, regardless of where the meeting may take place. The arrangements made with any host country shall be consistent with these obligations. + +### Artikel 7 + +**(1).** Each Party shall have one vote in the Assembly. + +**(2).** Decisions on matters of substance shall be taken by a two-thirds majority, and on procedural matters by a simple majority, of the Parties present and voting. Parties which abstain from voting shall be considered as not voting. + +**(3).** Decisions whether a question is procedural or substantive shall be taken by the Chairman. Such decisions may be overruled by a two-thirds majority of the Parties present and voting. + +**(4).** A quorum for any meeting of the Assembly shall consist of a majority of the Parties. + +### Artikel 8 + +The functions of the Assembly shall be: + +a) to consider and review the purposes, general policy and long term objectives of the Organization and the activities of the Company which relate to the basic principles, set forth in Article 3, taking into account any recommendations made by the Company thereon; +b) to take any steps or procedures necessary to ensure observance by the Company of the basic principles, as provided for in Article 4, including approval of the conclusion, modification and termination of the Public Services Agreement under Article 4(1); +c) to decide upon questions concerning formal relationships between the Organization and States, whether Parties or not, and international organizations; +d) to decide upon any amendment to this Convention pursuant to Article 18 thereof; +e) to appoint a Director under Article 9 and to remove the Director; and +f) to exercise any other function conferred upon it under any other Article of this Convention. + +### Artikel 9 + +**1.** The term of appointment of the Director shall be for four years or such other term as the Assembly decides. + +**2.** The Director shall be the legal representative of the Organization and Chief Executive Officer of the Secretariat, and shall be responsible to and under the direction of the Assembly. + +**3.** The Director shall, subject to the guidance and instructions of the Assembly, determine the structure, staff levels and standard terms of employment of officials and employees, and consultants and other advisers to the Secretariat, and shall appoint the personnel of the Secretariat. + +**4.** The paramount consideration in the appointment of the Director and other personnel of the Secretariat shall be the necessity of ensuring the highest standards of integrity, competency and efficiency. + +**5.** The Organization shall conclude, with any Party in whose territory the Organization establishes the Secretariat, an agreement, to be approved by the Assembly, relating to any facilities, privileges and immunities of the Organization, its Director, other officers, and representatives of Parties whilst in the territory of the host Government, for the purpose of exercising their functions. The agreement shall terminate if the Secretariat is moved from the territory of the host Government. + +**6.** All Parties, other than a Party which has concluded an agreement referred to in paragraph (5), shall conclude a Protocol on the privileges and immunities of the Organization, its Director, its staff, of experts performing missions for the Organization and of representatives of Parties whilst in the territory of Parties for the purposes of exercising their functions. The Protocol shall be independent of this Convention and shall prescribe the conditions for its termination. + +### Artikel 10 + +**1.** + +The Organization shall, in the Public Services Agreement, arrange for the costs associated with the following to be paid by the Company: + +a) establishment and operation of the Secretariat; +b) the holding of Assembly sessions; and +c) the implementation of any measures taken by the Organization in accordance with Article 4 to ensure that the Company observes the basic principles. + +**2.** Each Party shall meet its own costs of representation at Assembly meetings. + +### Artikel 11 + +Parties are not, in their capacity as such, liable for the acts and obligations of the Organization or the Company, except in relation to non-Parties or natural or juridical persons they might represent in so far as such liability may follow from treaties in force between the Party and the non-Party concerned. However, the foregoing does not preclude a Party which has been required to pay compensation under such a treaty to a non-Party or to a natural or juridical person it might represent from invoking any rights it may have under that treaty against any other Party. + +### Artikel 12 + +The Organization shall have legal personality. For the purpose of its proper functioning, it shall, in particular, have the capacity to contract, to acquire, lease, hold and dispose of movable and immovable property, to be a party to legal proceedings and to conclude agreements with States or international organizations. + +### Artikel 13 + +The Organization shall co-operate with the United Nations and its bodies dealing with the Peaceful Uses of Outer Space and Ocean Area, its Specialized Agencies, as well as other international organizations, on matters of common interest. + +### Artikel 14 + +Any Party may, by written notification to the Depositary, withdraw voluntarily from the Organization at any time, such withdrawal to be effective upon receipt by the Depositary of such notification. + +### Artikel 15 + +Disputes between Parties, or between Parties and the Organization, relating to any matter arising under this Convention, should be settled by negotiation between the parties concerned. If within one year of the time any party has requested settlement, a settlement has not been reached and if the parties to the dispute have not agreed either (a) in the case of disputes between Parties, to submit it to the International Court of Justice; or (b) in the case of other disputes, to some other procedure for settling disputes, the dispute may, if the parties to the dispute consent, be submitted to arbitration in accordance with the Annex to this Convention. + +### Artikel 16 + +**(1).** + +This Convention shall remain open for signature in London until entry into force and shall thereafter remain open for accession. All States may become Parties to the Convention by: + +(a) Signature not subject to ratification, acceptance or approval, or +(b) Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval, or +(c) Accession. + +**(2).** Ratification, acceptance, approval or accession shall be effected by the deposit of the appropriate instrument with the Depositary. + +**(3).** Vervallen. + +**(4).** Vervallen. + +**(5).** Reservations cannot be made to this Convention. + +### Artikel 17 + +**(1).** This Convention shall enter into force sixty days after the date on which States representing 95 per cent of the initial investment shares have become Parties to the Convention. + +**(2).** Notwithstanding paragraph (1), if the Convention has not entered into force within thirty-six months after the date it was opened for signature, it shall not enter into force. + +**(3).** For a State which deposits an instrument of ratification, acceptance, approval or accession after the date on which the Convention has entered into force, the ratification, acceptance, approval or accession shall take effect on the date of deposit. + +### Artikel 18 + +**1.** Amendments to this Convention may be proposed by any Party, and shall be circulated by the Director to all other Parties and to the Company. The Assembly shall consider the amendment not earlier than six months thereafter, taking into account any recommendation of the Company. This period may in any particular case be reduced by the Assembly by a substantive decision by up to three months. + +**2.** If adopted by the Assembly, the amendment shall enter into force one hundred and twenty days after the Depositary has received notices of acceptance from two-thirds of those States which, at the time of adoption by the Assembly, were Parties. Upon entry into force, the amendment shall become binding upon those Parties that have accepted it. For any other State which was a Party at the time of adoption of the amendment by the Assembly, the amendment shall become binding on the day the Depositary receives its notice of acceptance. + +### Artikel 19 + +**1.** The Depositary of this Convention shall be the Secretary-General of the International Maritime Organization. + +**2.** + +The Depositary shall promptly inform all Parties of: + +a) Any signature of the Convention. +b) The deposit of any instrument of ratification, acceptance, approval or accession. +c) The entry into force of the Convention. +d) The adoption of any amendment to the Convention and its entry into force. +e) Any notification of withdrawal. +f) Other notifications and communications relating to the Convention. + +**3.** Upon entry into force of an amendment to the Convention, the Depositary shall transmit a certified copy to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.