Biélorussie

Reservation made upon signature, and confirmed upon approval:

"In accordance with the article 8 of the Convention the Republic of Belarus shall not apply this Convention to settlement agreements to which it is a party, or to which any governmental agencies or any person acting on behalf of a governmental agency is a party."

31 July 2023

Interpretative declaration:

“The Republic of Belarus proceeds from the assumption that the provisions of paragraphs 2 – 4 of Article 20 of the Protocol shall be interpreted in good faith as not binding for the States Parties to the Protocol with the obligations to settle disputes in the International Court of Justice with that State Party to the Protocol which withdraws its reservation on non-recognition of its jurisdiction, in situations when disputes concerning the interpretation or application of the Protocol have arisen from and/or become the subject of peaceful settlement, inter alia through negotiations and/or arbitration, before, on, or immediately after the withdrawal of such a reservation”.
13 November 2023

On 13 November 2023, the Secretary-General received a communication from the Republic of Belarus in regard to its Interpretative Declaration concerning Article 20 of the Protocol.
See C.N.473.2023.TREATIES-XVIII.12.b dated 16 November 2023 for the text of the communication.

Statement:

“The Republic of Belarus understands the implementation of the provisions of Article 10 of the Convention to the degree that will not contradict its national legislation.”

Declaration:

The Republic of Belarus, pursuant to article 3 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, declares that voluntary recruitment of citizens into the armed forces of the Republic of Belarus shall occur upon the attainment by them of 18 years of age.
Admission to a military academy, to which citizens aged 17 years or over, including those who attain 17 years of age during the year in which they are admitted to such an academy, are entitled, in accordance with article 43 of the Act of the Republic of Belarus of 5 November 1992 on Military Obligations and Military Service, shall constitute an exception to the above. Such admission shall not be forced or coerced.
The legislation of the Republic of Belarus guarantees that entry into military service as a cadet at a military academy:
Shall be voluntary;
Shall occur with the informed consent of the person's parents or legal guardians;
Shall occur on condition that such persons are fully informed of the duties involved in military service;
Shall be permitted on condition that such persons provide reliable proof of age prior to acceptance into military service.

Declaration:

The Republic of Belarus, pursuant to article 3 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, declares that voluntary recruitment of citizens into the armed forces of the Republic of Belarus shall occur upon the attainment by them of 18 years of age.
Admission to a military academy, to which citizens aged 17 years or over, including those who attain 17 years of age during the year in which they are admitted to such an academy, are entitled, in accordance with article 43 of the Act of the Republic of Belarus of 5 November 1992 on Military Obligations and Military Service, shall constitute an exception to the above. Such admission shall not be forced or coerced.
The legislation of the Republic of Belarus guarantees that entry into military service as a cadet at a military academy:
Shall be voluntary;
Shall occur with the informed consent of the person's parents or legal guardians;
Shall occur on condition that such persons are fully informed of the duties involved in military service;
Shall be permitted on condition that such persons provide reliable proof of age prior to acceptance into military service.

Reservation made upon signature and confirmed upon acceptance:

The Byelorussian Soviet Socialist Republic does not condider itself bound by article 8 of the European Agreement on Main International Railway Lines of 31 May 1985 and declares that the agreement of all the parties to a dispute is required, in each specific case, for the submission to arbitrators of any dispute between Contracting Parties relating to the interpretation or application of the European Agreement and that only persons designated by mutual agreement between the parties to a dispute may act as arbitrators.

Upon signature:

1. The Byelorussian Soviet Socialist Republic declares that, in accordance with article 287 of the United Nations Convention on the Law of the Sea, it accepts, as the basic means for the settlement of disputes concerning the interpretation or application of the Convention, an arbitral tribunal constituted in accordance with Annex VII. For the consideration of questions relating to fisheries, the protection and preservation of the marine environment, marine scientific research and navigation, including pollution from vessels and by dumping, the Byelorussian Soviet Socialist Republic chooses a special arbitral tribunal constituted in accordance with Annex VIII. The Byelorussian Soviet Socialist Republic recognizes the competence of the International Tribunal for the Law of the Sea in relation to questions of the prompt release of detained vessels or their crews, as envisaged in article 292.
2. The Byelorussian Soviet Socialist Republic declares that, in accordance with article 298 of the Convention, it does not accept compulsory procedures entailing binding decisions in the consideration of disputes concerned with the delimitation of marine limits, disputes relating to military activity and disputes in relation to which the United Nations Security Council performs functions entrusted to it under the United Nations Charter.
Upon ratification:

1. In accordance with article 287 of the Convention, the Republic of Belarus accepts as the basic means for the settlement of disputes concerning the interpretation or application of the Convention an arbitral tribunal constituted in accordance with Annex VII. For the settlement of disputes concerning fisheries, protection and preservation of the marine environment, marine scientific research or navigation, including pollution from vessels and by dumping, the Republic of Belarus will use a special arbitral tribunal constituted in accordance with Annex VIII. The Republic of Belarusecognizes the jurisdiction of the International Tribunal for the Law of the Sea over questions concerning the prompt release of detained vessels or their crews, as envisaged in article 292 of the Convention; 2. In accordance with article 298 of the Convention, the Republic of Belarus does not accept compulsory procedures entailing binding decisions for the consideration of disputes concerning military activities, including by government vessels and aircraft engaged in non-commercial service, or disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction, or disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations.

Declaration:

The Byelorussian Soviet Socialist Republic, in accordance with articles 12 and 96 of the Convention declares that any provision of article 11, article 29 or Part II of this Convention that allows a contract of sale or its modification or termination by agreement or any offer, acceptance or other indication of inten- tion to be made in any form other than in writing does not apply where any party has his place of business in the Byelorussian SSR.

The Byelorussian Soviet Socialist Republic does not consider itself bound by article 16, paragraph 1, of the International Convention against the Taking of Hostages and declares that, in order for any dispute between parties to the Convention concerning the interpretation or application thereof to be referred to arbitration or to the International Court of Justice, the consent of all parties to the dispute must be secured in each individual case.
The Byelorussian Soviet Socialist Republic condemns international terrorism, which takes the lives of innocent people, constitutes a threat to their freedom and personal inviolability and destabilizes the international situation, whatever the motives used to explain terrorist actions. Accordingly, the Byelorussian Soviet Socialist Republic considers that article 9, paragraph 1, of the Convention should be applied in a manner consistent with the stated aims of the Convention, which include the development of international co-operation in adopting effective measures for the prevention, prosecution and punishment of all acts of hostage-taking as manifestations of international terrorism through, inter alia, the extradition of alleged offenders.

Declarations:

In ratifying the Constitution of UNIDO, the Byelorussian SSR assumes that the agreements on the condition for the establishment of UNIDO as specialized agency that were con firmed in General Assembly resolution 39/231 of 18 December 1984 will be fully and strictly observed, including the agreement on the equitable geographical distribution of posts and, in particular, the allocation of one of the posts of Deputy Director-General to the socialist countries. Fulfilment of those conditions will make it possible to ensure the universal character of UNIDO's activities in the interests of all its member countries.
The determination of the members of UNIDO, as expressed in the Organization's Constitution, to contribute to international peace and security and to the prosperity of all nations should be reflected in its decisions and its practical activities, since only under conditions of peace, and only when real disarmament measures are implemented, can significant additional resources be released for the needs of economic and social development, including the industrialization of the developing countries.
In [the Government of the Byelorussian Soviet Socialist Republic's] view, UNIDO activities aimed at promoting industrial development in the developing countries and at those countries' attainment of economic independence must be based on the progressive provisions and principles of the Charter of Economic Rights and Duties of States, the Declaration on the Establishment of a New International Economic Order and the Lima and New Delhi Declarations on international industrial development co-operation. Those goals can be achieved only by means of a fundamental restructuring of the existing unjust international economic relations, the conduct of progressive social and economic reforms, the strengthening of the State sector of the economy and the implementation of national plans and programmes for social and economic development.
UNIDO must oppose the policies of those States that are striving not only to maintain but also to increase the neo-colonialist exploitation of the developing countries, must combat the acts of economic aggression, diktat , blackmail and interference in the internal affairs of States that are perpetrated by the forces of imperialism, and must promote the establishment of effective control over the activities of transnational corporations with a view to restricting their negative influence on the economies of developing countries and on international econ- omic relations and development as a whole.
The Byelorussian SSR bases its position on the need to apply consistently in practice the provision of the UNIDO Constitution that relates to the purposes for which the regular and operational budgets of the Organization may be utilized, and on the need not to permit the expenditure of resources for programmes and projects, including "advisory services", that could serve for the penetration of foreign private capital into the economies of the developing countries. In order to ensure the effective and economical use of the resources of the regular budget, the level of that budget must be established on a stable basis.
At the United Nations Conference on the Establishment of the United Nations Industrial Development Organization as a Specialized Agency, the delegations of the socialist countries announced on 7 April 1979 their opposition in principle to the use of funds from the Organization's regular budget for the provision of technical assistance.
In connection with the provision of the UNIDO Constitution on the allocation of 6 per cent of the regular budget to technical assistance, the Byelorussian SSR states that the corresponding portion of its convertible currency contribution to the UNIDO budget will be credited to a separate account in the Foreign Trade Bank of the USSR. The Republic will make use of those funds to participate in the provision through UNIDO of technicasistance to interested countries.
The Byelorussian SSR firmly expects that its position of principle on the activities of UNIDO, as contained in this statement and as expressed in the course of the consultations on the establishment of UNIDO as a specialized agency, will be duly taken into account and acted upon.
The nature and extent of our co-operation with UNIDO will depend on the implementation of the agreements reached, on the nature and direction of the practical activities of UNIDO and on that Organization's real observance of the basic United Nations decisions relating to international economic development and the restructuring of international economic relations on an equitable and democratic basis.

The Byelorussian Soviet Socialist Republic does not consider itself bound by article 13 of the European Agreement on Main International Traffic Arteries of 15 November 1975 and declares that, before any dispute between Contracting Parties relating to the interpretation or application of the European Agreement may be referred to arbitration, in each particular case the consent of all the parties to the dispute must be obtained, and that only persons nominated by unanimous agreement of the parties to the dispute may act as arbitrators.

In ratifying the 1975 Vienna Convention on the representation of States in their relations with international organizations of a universal character, the Byelorussian Soviet Socialist Republic considers it necessary to state that the principle of the full inviolability of the official premises of delegations to international conferences is a norm of customary international law which should be observed by all States.

Reservation made upon signature and confirmed upon ratifica tion:

The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that, in each individual case, the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice.

The Byelorussian Soviet Socialist Republic, does not consider itself bound by the provisions of article 9 of the Protocol on Road Markings of 1 March 1983, additional to the European Agreement of 1971 supplementing the Convention on Road Signs and Signals of 1968 [.]
The Byelorussian Soviet Socialist Republic, considers that the provisions of article 3 of the Protocol on Road Markings of 1 March 1983, additional to the European Agreement of 1971 supplementing the Convention on Road Signs and Signals of 1968, concerning the extension by States of the applicability of the Protocol to territories for the international relations of which they are responsible, are outdated and contrary to the Declaration of the United Nations General Assembly on the Granting of Independence to Colonial Countries and Peoples (United Nations General Assembly resolution 1514 (XV) of 14 December 1960), which proclaimed the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.

Upon signature and upon ratification:

The Government of the Byelorussian Soviet Socialist Republic considers that the provisions of article 18 of the Customs Convention on Containers, 1972, which bar certain States from participation in it, are contrary to the universally recognized principle of the sovereign equality of States.
As to the provisions of article 25 regarding the settlement by arbitration of disputes concerning the interpretation and application of the Convention, the Government of the Byelorussian SSR declares that the adoption of this provision should not be interpreted as changing the view of the Government of the Byelorussian SSR that a dispute may be referred to an arbitration tribunal for consideration only with the consent of all parties to the dispute in each individual case.

Declaration and reservation:

[ For the text see the declaration and reservation made in respect of the European Agreement supplementing the Convention on Road Traffic concluded at Geneva on 1 May 1971 (chapter XI.B-23). ]

The Byelorussian Soviet Socialist Republic considers it necessary to state that the provisions of article 3 of the European Agreement supplementing the Vienna Convention on Road Traffic of 1968 and of article 3 of the European Agreement supplementing the Vienna Convention on Road Signs and Signals of 1968, under which States may extend the applicability of the Agreements to territories for the international relations of which they are responsible, are anachronistic and contrary to the Declaration of the United Nations General Assembly on the Granting of Independence to Colonial Countries and Peoples (General Assembly resolution 1514 (XV) of 14 December 1960), which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.
The Byelorussian Soviet Socialist Republic does not consider itself bound by article 9 of the European Agreement supplementing the Vienna Convention on Road Traffic of 1968 or by article 9 of the European Agreement supplementing the Vienna Convention on Road Signs and Signals of 1968, under which disputes relating to the interpretation or application of the Agreements shall be referred to arbitration if any of the Parties in dispute so requests.

Reservations made upon signature and confirmed upon ratifica tion:

The Byelorussian Soviet Socialist Republic will not consider itself bound by the provisions of article 19, paragraphs 1 and 2, of the Convention on Psychotropic Substances of 1971 as applied to States not entitled to become Parties to the Convention on the basis of the procedure provided for in article 25 of that Convention.
The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of article 31 of the Convention concerning the referral to the International Court of Justice of a dispute relating to the interpretation or application of the Convention at the request of any one of the Parties to the dispute and declares that the referral of any such dispute to the International Court of Justice shall in each case require the consent of all the Parties to the dispute.
Declarations made upon signature and confirmed upon ratifica tion:

The Byelorussian SSR states that the provisions of article 25 of the Convention on Psychotropic Substances, under the terms of which a number of States are not entitled to become Parties to the said Convention, are of a discriminatory nature and considers that in accordance with the principle of the sovereign equality of States the Convention should be open for participation by all interested States without any discrimination or restriction.
The Byelorussian Soviet Socialist Republic deems it essential to state that the provisions of article 27 of the Convention are at variance with the Declaration on the Granting of Independence to Colonial Countries and Peoples of the United Nations General Assembly (resolution 1514 (XV) of 14 December 1960), which proclaims the necessity of "bringing to a speedy and unconditional end colonialism in all its forms and manifestations".

[Same reservations and declaration, identical in essence , mutatis mutandis, as the one made by the Russian Federation.]

The Byelorussian Soviet Socialist Republic declares that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent certain States from signing the Convention or acceding to it are contrary to the principle of the sovereign equality of States.

Reservation and declarations made upon signature and confirmed upon ratification:
The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of article 44 of the Convention on Road Signs and Signals stating that disputes which relate to the interpretation or application of the Convention may be referred, at the request of any of the Parties concerned, to the International Court of Justice for decision.
The Byelorussian Soviet Socialist Republic declares that the provisions of article 37 of the Convention on Road Signs and Signals, under which a number of States may not become parties to the Convention, are discriminatory in character, and it considers that the Convention on Road Signs and Signals should be open for participation by all interested States without any discrimination or restriction.
The Byelorussian Soviet Socialist Republic declares that the provisions of article 38 of the Convention on Road Signs and Signals are anachronistic and at variance with the Declaration of the United Nations General Assembly on the Granting of Independence to Colonial Countries and Peoples (resolution 1514 (XV) of 14 December 1960).

Reservations and declarations made upon signature and confirmed upon ratification:

The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of article 52 of the Convention on Road Traffic stating the disputes which relate to the interpretation or application of the Convention may be referred, at the request of any of the Parties, to the International Court of Justice.
The Byelorussian Soviet Socialist Republic declares that the provisions of article 45 of the Convention on Road Traffic, under which a number of States may not become parties to this Convention, are discriminatory in character, and it considers that the Convention on Road Traffic should be open for participation by all interested States without any discrimination or restrictions.
The Byelorussian Soviet Socialist Republic declares that the provisions of article 46 of the Convention on Road Traffic are anachronistic and at variance with the Declaration of the United Nations General Assembly on the Granting of Independence to Colonial Countries and Peoples (resolution 1514 (XV) of 14 December 1960).

The Byelorussian Soviet Socialist Republic states that the provision in article 17, paragraph 1, of the Convention on the Elimination of All Forms of Racial Discrimination whereby a number of States are deprived of the opportunity to become Parties to the Convention is of a discriminatory nature, and hold that, in accordance with the principle of the sovereign equality of States, the Convention should be open to participation by all interested States without discrimination or restriction of any kind.

Reservation:

Pursuant to article 15, paragraph 1, of the Convention, the Republic of Belarus will not apply article 14 of the Convention insofar as it concerns the referral of disputes to the International Court of Justice.

Declaration and reservation made upon signature and confirmed upon ratification:

The Byelorussian Soviet Socialist Republic considers it necessary to draw attention to the discriminatory nature of articles 17, 19, 22 and 23 of the Convention, under which a number of States are deprived of the opportunity to become Parties to the Convention. The Convention deals with matters that affect the interests of all States, and it should therefore be open for participation by all States. According to the principle of sovereign equality, no States have the right to exclude other States from participation in a Convention of this type.
The Government of the Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of article 16 of the Convention on Transit Trade of Land-locked States, under which members of the arbitration commission may be appointed by the President of the International Court of Justice, and declares that, in each individual case, the consent of the contending States is necessary for the appointment of members of the arbitration commission by the President of the International Court of Justice.

Reservations:

Pursuant to article 21, paragraph 1 (a), of the Convention, the Republic of Belarus will not apply article 20 of the Convention insofar as it concerns the referral of disputes to the International Court of Justice;
Pursuant to article 21, paragraph 1 (d), of the Convention, the Republic of Belarus will not apply the Convention to vessels used exclusively for a non commercial government service;
Pursuant to article 21, paragraph 2, of the Convention, the Republic of Belarus will not, in the event of a forced sale in its territory, apply article 14, paragraph 2 (b), of Protocol No. 1 concerning rights in rem in inland navigation vessels;...
Declaration:

In accordance with article 15, paragraph 1, of the Convention, the Republic of Belarus declares that it accepts Protocol No. 1 concerning rights in rem in inland navigation vessels and Protocol No. 2 on attachment and forced sale of inland navigation vessels.

Reservations:

The Republic of Belarus in accordance with:
Article 5(3) of the Convention will not apply the criterion of fixation provided for by Article 5(l)(b) of the convention;
Article 6(2) of the Convention will protect broadcasts only if the headquarters of the broadcasting organisation is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State;
Article 16(l)(a)(iii) of the Convention as regards phonograms the producer of which is not a national of another Contracting State will not apply Article 12 of the Convention;
Article 16(1)(a)(iv) of the Convention as regards phonograms the producer of which is a national of another Contracting State will limit the protection provided for by Article 12 of the Convention to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed by a national of the Republic of Belarus.

Reservation concerning article 11, paragraph 1:
In accordance with the principle of the equality of rights of States, the Byelorussian Soviet Socialist Republic considers that any difference of opinion regarding the size of a diplomatic mission should be settled by agreement between the sending State and the receiving State.
Declaration concerning articles 48 and 50:
The Byelorussian Soviet Socialist Republic considers it necessary to draw attention to the discriminatory nature of articles 48 and 50 of the Convention, under the terms of which a number of States are precluded from acceding to the Convention. The Convention deals with matters which affect the interests of all States and should therefore be open for accession by all States. In accordance with the principle of sovereign equality no State has the right to bar other States from accession to a Convention of this nature.
2 November 1977

The Government of the Byelorussian Soviet Socialist Republic does not recognize the validity of the reservation made by the Chinese People's Republic to paragraphs 2, 3 and 4 of article 37 of the 1961 Vienna Convention on Diplomatic Relations.
16 October 1986

[Same reservation, mutatis mutandis,as the one made by the Russian Federation on 6 October 1986.]
11 November 1986

[Same reservation, mutatis mutandis,as the one made by the Russian Federation on 6 November 1986.]

The Government of the Byelorussian Soviet Socialist Republic will not consider itself bound by the provisions of article 12, paragraphs 2 and 3; article 13, paragraph 2; article 14, paragraphs 1 and 2; and article 31, paragraph 1 (b) of the Single Convention on Narcotic Drugs as applied to States not entitled to become Parties to the Single Convention on the basis of the procedure provided for in article 40 of that Convention.
The Byelorussian Soviet Socialist Republic deems it essential to draw attention to the discriminatory character of article 40, paragraph 1, of the Single Convention on Narcotic Drugs, under the terms of which certain States are not entitled to become Parties to the said Convention. The Single Convention concerns matters which are of interest to all States and has as its objective the enlistment of the efforts of all countries in the struggle against the social evil of the abuse of narcotics. The Convention should therefore be open to all countries. According to the principle of the sovereign equality of States, no States have the right to deny to other countries the possibility of participating in a Convention of this type.

Reservations:

Pursuant to article 9, paragraph (a), of the Convention, the Republic of Belarus will not apply the provisions of the Convention to vessels exclusively employed by the public authorities;
Pursuant to article 9, paragraph (b), of the Convention, the Republic of Belarus will not apply the provisions of the Convention on waterways reserved exclusively for its own shipping;
Pursuant to article 15, paragraph 1, of the Convention, the Republic of Belarus will not apply article 14 of the Convention insofar as it concerns the referral of disputes to the International Court of Justice.

The Byelorussian Soviet Socialist Republic will apply the provisions of this Convention in respect to arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal treatment.

Article 9: The Government of the Byelorussian Soviet Socialist Republic considers that the principle of international law according to which a ship on the high seas is not subject to any jurisdiction except that of the flag State applies without restriction to all government ships.
Declaration:

The Government of the Byelorussian Soviet Socialist Republic considers that the definition of piracy given in the Convention does not cover certain acts which under contemporary international law should be considered as acts of piracy and does not serve to ensure freedom of navigation on international sea routes.

Article 20 : The Government of the Byelorussian Soviet Socialist Republic considers that government ships in foreign territorial waters have immunity and that the measures mentioned in this article may therefore be applied to them only with the consent of the flag State.
Article 23 (Sub-section D. Rules applicable to warships) : The Government of the Byelorussian Soviet Socialist Republic considers that the coastal State has the right to establish procedures for the authorization of the passage of foreign warships through its territorial waters.

As regards article VII:
[ Same declaration as the one reproduced
under "Albania". ]

The Byelorussian SSR declares that it is not in agreement with article XII of the Convention and considers that all the provisions of the Convention should extend to non-self-governing territories, including trust territories.