Hongrie

7 February 2012

Declaration:

“In accordance with Article 24 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Hungary declares the postponement for three years of the implementation of the obligations under Part IV of the Optional Protocol, concerning national preventive mechanisms.”

Declaration:

“With reference to Article 3 paragraph 2 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Republic of Hungary declares that under Hungarian law the minimum age for voluntary recruitment into the Hungarian national armed forces is eighteen (18) years. Pursuant to the Constitution of the Republic of Hungary all recruitments to the national armed forces are voluntary in peacetime, and the minimum age for mandatory military service during armed conflict is also eighteen (18) years.”

Declaration:

" The Government of the Republic of Hungary declares itself bound by either of the two means for the settlement of disputes (International Court of Justice, arbitration), reserving its right to agree on the competent body of jurisdiction, as the case may be."

20 April 2009

Declaration:
“1. The Government of the Republic of Hungary declares that as a Member State of the European Community the Republic of Hungary transferred competence to the European Community in respect of certain matters governed by the Agreement.
2. The Government of the Republic of Hungary hereby confirms the declarations made by the European Community on 19 December 2003 upon ratification of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
[See declarations under "European Community".]
3. The Government of the Republic of Hungary agrees that the expressions such as ‘geographical characteristics’, ‘individual characteristics of the sub-region and region’, ‘socioeconomic, geographical and environmental factors’, ‘natural characteristics of the given sea’, and other similar expressions used in respect of a geographical region do not infringe upon the rights and obligations of
the States under international law.
4. The Government of the Republic of Hungary agrees that none of the provisions of this Agreement may be interpreted in a way that is contrary to the principle of the freedom of the high seas as recognized by international law.
5. The Government of the Republic of Hungary agrees that the expression of ‘the States whose nationals fish on the high seas’ represents new jurisdictional grounds on the basis of the principle of the jurisdiction of the flag State rather than on the basis of the nationality of the persons fishing on the high seas.
6. The Agreement does not grant any State the right to maintain or apply unilateral measures during the transitional period mentioned in Article 21 (3). After this period, in case of failure to conclude an agreement, the States may proceed only in accordance with the provisions set out in Articles 21 and 22 of the Agreement.
7. In respect of the application of Article 21, the Government of the Republic of Hungary agrees that if a flag State declares that in accordance with the provisions of Article 19 it intends to exercise its jurisdiction over a fishing vessel flying its flag, then, in accordance with the provisions of Article 21, the authorities of the State inspecting the mentioned vessel may not exercise any further jurisdiction.
Any dispute in connection with this issue shall be settled in compliance with the procedures provided for in Part VIII of the Agreement. None of the States may initiate a dispute of this nature with the aim to maintain its control over a vessel not flying its flag.
The Government of the Republic of Hungary holds that the word ‘unlawful’ in Article 21 (18) shall be interpreted in light of the entire Agreement and especially Articles 4 and 35 thereof.
8. The Government of the Republic of Hungary reiterates that in its relationships it shall refrain from using threat and force in accordance with the general principles of international law, the Charter of the United Nations and the United Nations Convention on the Law of the Sea.
Furthermore, the Government of the Republic of Hungary emphasizes that under Article 22 the use of force shall mean extraordinary measures which must be based on the strictest observation of the principle of proportionality, and that its abuse shall result in the international liability of the controlling State.
In each case abuse shall be clarified by peaceful means and in accordance with the procedures relating to the settlement of disputes.
Furthermore,the Government of Hungary holds that the conditions relating to the boarding and inspection of vessels should be further elaborated in accordance with the relevant principles of international law and in the framework of the appropriate regional and sub-regional fisheries management organisations and arrangements.
9. The Government of the Republic of Hungary agrees that in the application of Article 21 (6), (7) and (8) a flag State may rely on the regulations of its legal system under which the criminal prosecuting authorities enjoy a discretion to decide whether or not to prosecute in the light of all facts of the case. The decisions of a flag State based on such regulations may not be interpreted as a failure to respond or take action.”

Declaration:

"The Government of the Republic of Hungary attributes great significance to the United Nations Framework Convention on Climate Change and it reiterates its position in accordance with the provisions of article 4.6 of the Convention on certain degree of flexibility that the average level of anthropogenic carbon-dioxide emissions for the period of 1985-1987 will be considered as reference level in context of the commitments under article 4.2 of the Convention. This understanding is closely related to the `process of transition' as it is given in article 4.6 of the Convention. The Government of the Republic of Hungary declares that it will do all efforts to contribute to the objective of the Convention."

Declaration:

"The Government of the Republic of Hungary accepts both means of dispute settlement as compulsory in relation to any Party accepting the same obligation."

Upon signature:

"The Republic of Hungary shall control and reduce its national annual emissions of VOCs or their transboundary fluxes in accordance with the provisions of paragraph 2 ( c ) of article 2 of the Protocol."

Declaration:

"... the Government of the Republic of Hungary makes the following declaration in relation to Article 287 of the United Nations Convention on the Law of the Sea adopted in Montego Bay on 10 December 1982:
In accordance with the Article 287 of the said Convention the Government of the Republic of Hungary shall choose the following means for the settlement of disputes concerning the interpretation or application of the Convention in the following order:
1. The International Tribunal for the Law of the Sea,
2. The International Court of Justice,
3. A special tribunal constructed in accordance with Annex VIII for all of the categories of disputes specified therein."

Reservation made upon signature and confirmed upon approval:

"The Government of the Hungarian's People's Republic does not consider itself bound by Article 20, paragraphs 2 to 7, of this Convention."

The Hungarian People's Republic declares that, in view of article 15 of the Agreement, it does not consider itself bound by the provisions of article 13, under which any dispute which relates to the interpretation or application of the Agreement and which the parties in dispute are unable to settle by negotiations or by other means of settlement shall be referred to compulsory arbitration.

Reservation:

"The Hungarian People's Republic does not consider itself bound by the provisions on compulsory arbitration contained in article 57 of the Convention."
Declaration:

"The Hungarian People's Republic draws attention to the fact that the provisions of paragraph 1 of article 52 of the Convention are at variance with the fundamental principles of international law. It follows from the generally accepted principle of sovereign equality of States that the Convention should be open for adherence by all States without any discrimination and restriction."

[Same reservation and declaration, mutatis mutandis , as those made in respect of the European Agreement supplementing the Convention on Road Traffic done at Geneva on 1 May 1971 (chapter XI.B-23).]

[ Same reservation and declarations, mutatis mutandis, as those made in respect of the European Agreement supplementing the Convention on Road Traffic concluded at Geneva on 1 May 1971 (chapter XI.B-23). ]

Reservation:

The Presidential Council of the Hungarian People's Republic does not consider itself bound by the provisions of article 9 of the Agreement, in pursuance of article 11, paragraph 1, thereof.
Declarations:

The Presidential Council of the Hungarian People's Republic declares that the provisions of article 2 of the European Agreement supplementing the Convention on Road Traffic opened for signature at Vienna on 8 November 1968, opened for signature at Geneva on 1 May 1971, are at variance with the generally recognized principle of the sovereign equality of States and it considers that these international instruments should be open for participation by all interested States without any discrimination.
The Presidential Council of the Hungarian People's Republic further declares that the provisions . . . of article 3 of the European Agreement, supplementing the Convention on Road Traffic opened for signature at Vienna on 8 November 1968 opened for signature at Geneva on 1 May 1971, are 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].

Upon signature:

"The Hungarian Government avails itself of the possibility accorded to it in paragraph 2 of article 32 and makes reservations in respect of article 19, paragraphs 1 and 2, article 27 and article 31 of the present Convention."
Upon ratification:

"Reservations in respect of article 19 (1) and (2) and article 31 (2):
(a) The Hungarian People's Republic does not consider it self bound by the provisions of paragraphs 1 and 2 of article 19 concerning the States which, under article 25 of the Convention, are deprived of the opportunity to become parties to the Convention."
. . .
Declarations:

"(a) The Hungarian People's Republic calls attention to the fact that article 25 of the Convention is of a discriminative nature and is at variance with the principle of sovereign equality of States and it considers that the Convention should be open to all interested States.
"(b) The Hungarian People's Republic deems it necessary to declare further that article 27 of the Convention is inconsistent with the Declaration on the Granting of Independence to Colonial Countries and Peoples adopted by the General Assembly of the United Nations (resolution 1514 (XV) of 14 December 1960), which proclaims the necessity of bringing to a speedy and un conditional end colonialism in all its forms and manifestations."

"[The Government of the Hungarian People's Republic] does not consider itself bound by article l5, paragraphs 2 and 3, of the Agreement."

"The Government of the Hungarian People's Republic declares that the provisions contained in articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity adopted by the General Assembly of the United Nations on November 26, 1968, which deny the possibility to certain States to become signatories to the Convention are of discriminatory nature, violate the principles of sovereign equality of States and are more particularly incompatible with the objectives and purposes of the said Convention."

Declarations made upon signature and confirmed upon ratification:
1. The wording of article 37, paragraph 1, of the Conven- tion is at variance with the purposes and principles expressed in the Charter of the United Nations. All States, without any restriction, should be given the possibility of participating in the Convention.
2. The provisions of article 38 of the Convention, as such, are anachronistic and are not in conformity with the principles of contemporary international law or the present state of international relations, and they are at variance with the United Nations General Assembly resolution 1514 (XV) of 14 December 1960.
Upon ratification:
[The Presidential Council of the Hungarian People's Republic] considers itself bound by the provisions of article 10, paragraph 6, of the Convention, relative to the [advance warning signs for sign B, 2], subject to its tenor as defined in the European Agreement supplementary thereto.

Declarations made upon signature and confirmed upon ratifica tion:

1. The wording of article 45, paragraph 1, of the Convention is at variance with the purposes and principles ex pressed in the Charter of the United Nations. All States, without any restriction, should be given the possibility of participating in the Convention.
2. The provisions of article 46 of the Convention, as such, are anachronistic and are not in conformity with the principles of contemporary international law or the present state of international relations, and they are at variance with United Nations General Assembly resolution 1514 (XV) of 14 December 1960.
Upon ratification:

The Presidential Council of the Hungarian People's Republic considers itself bound by article 18, paragraph 3, of the Convention subject to its tenor as defined in the European Agree- ment supplementary thereto.

[See chapter IV.3.]

Upon signature:

"The Government of the Hungarian People's Republic declares that paragraph 1 of article 26 of the International Covenant on Economic, Social and Cultural Rights and paragraph 1 of article 48 of the International Covenant on Civil and Political Rights according to which certain States may not become signatories to the said Covenants are of a discriminatory nature and are contrary to the basic principle of international law that all States are entitled to become signatories to general multilateral treaties. These discriminatory provisions are incompatible with the objectives and purposes of the Covenants."
Upon ratification:

"The Presidential Council of the Hungarian People's Republic declares that the provisions of article 48, paragraphs 1 and 3, of [...] the International Covenant on Civil and Political Rights, and article 26, paragraphs 1 and 3, of the International Covenant on Economic, Social and Cultural Rights are inconsistent with the universal character of the Covenants. It follows from the principle of sovereign equality of States that the Covenants should be open for participation by all States without any discrimination or limitation."

"The Hungarian People's Republic considers that the provisions of article 17, paragraph 1, and of article 18, paragraph 1, of the Convention, barring accession to the Convention by all States, are of a discriminating nature and contrary to international law. The Hungarian People's Republic maintains its general position that multilateral treaties of a universal character should, in conformity with the principles of sovereign equality of States, be open for accession by all States without any discrimination whatever."

The Presidential Council of the Hungarian People's Republic declares that it does not consider itself bound by those provisions of article 14 of the Convention which refer the disputes between Contracting Parties to the International Court of Justice.

The Hungarian People's Republic is of the opinion that articles 17, 19, 22 and 23 of the Convention, which debar a number of States the right to become parties to the Convention, are of a discriminatory nature. The Convention is a general multilateral international treaty, and therefore, as follows from the principles of international law, every State shall have the right to become a party to it.

In acceding to the Convention, the Presidential Council of the Hungarian People's Republic declares that it does not consider paragraph 2 of article 1 of the Convention as binding the Hungarian People's Republic to grant, under the terms thereof, permit of marriage when one of the intending spouses is not present.

"The Hungarian People's 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 were precluded from signing and are precluded from acceding to the Convention. The Convention deals with matters which affect the interests of all States and therefore, in accordance with the principle of sovereign equality of States, no State should be barred from participation in a Convention of this nature."
7 July 1975

"The reservation made by the Government of Bahrain to article 27, paragraph 3, of the 1961 Vienna Convention on Diplomatic Relations is contrary to the principle of the inviolability of the diplomatic bag which is generally recognized in the international practice, and is incompatible with the objectives of the Convention.
"Therefore, the Hungarian People's Republic does not recognize this reservation as valid."
6 September 1978

"The Government of the Hungarian People's 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."

"(2) As regards countries which have been deprived of the possibility of becoming parties, on the basis of the provisions of article 40 of the Single Convention on Narcotic Drugs, 1961, to the Convention, the Government of the Hungarian People's Republic does not consider as obligatory upon herself points 2 and 3 of article 12, point 2 of article 13, points 1 and 2 of article 14 and sub-point 1 (b) of article 31.
"The Hungarian People's Republic deems it necessary to state that the provisions in article 40 of the Single Convention on Narcotic Drugs by which certain States are barred from becoming Parties to the Convention are at variance with the principle of sovereign equality of States and are detrimental to the interests attached to the universality of the Convention."

(a) Pursuant to article 9 of the Convention, the Hungarian People's Republic reserves the right to provide by law that the provisions of this Convention shall not apply:
- To vessels exclusively employed by the public authorities;
- To those waterways in the territory of the Hungarian People's Republic which are reserved exclusively for its own shipping.
(b) Pursuant to article 15 of the Convention, the Hungarian People's Republic declares that it does not consider itself bound by the provisions of article 14 of the Convention in so far as it concerns the referral of disputes to the International Court of Justice.

"[The Hungarian People's Republic] does not consider as obligatory paragraphs 2 and 3 of article 44 of the Convention."

"The Hungarian People's Republic shall apply the Conven- tion to the recognition and enforcement of such awards only as have been made in the territory of one of the other Contracting States and are dealing with differences arising in respect of a legal relationship considered by the Hungarian law as a commercial relationship."

Article 9: "The Government of the Hungarian People's Republic is of the opinion that, according to the general rules of international law, ships owned or operated by a State and used on government service whether commercial or non-commercial, enjoy on the high seas the same immunity as warships."
Declaration:

"The Government of the Hungarian People's Republic declares that the definition of piracy as given in the Convention is not consistent with present international law and does not serve the general interests of the freedom of navigation on the high seas."

Articles 14 and 23 : "The Government of the Hungarian People's Republic is of the opinion that the coastal State is entitled to make the passage of warships through its territorial waters subject to previous authorization.”
Article 21 : "The Government of the Hungarian People's Republic is of the opinion that the rules contained in Sub-Section B of Section III of Part I of the Convention are generally inapplicable to government ships operated for commercial purposes so far as they encroach on the immunities enjoyed under international law by all government ships, whether commercial or non-commercial, on foreign territorial waters. Consequently, the provisions of Sub-Section B restricting the immunities of government ships operated for commercial purposes are applicable only upon consent of the State whose flag the ship flies."

"The Presidential Council of the Hungarian People's Republic hereby ratifies the Agreement with the reservation that it does not recognize article 10 of the Agreement as binding upon it."

Reservation:

The Hungarian People's Republic does not consider itself bound by the provisions of article 11 of the Agreement concerning compulsory arbitration.

Declaration:
"1. The Hungarian People's Republic deems it necessary to call attention to the discriminative character of article 42 of the Convention by which a number of States are debarred from accession to the Convention. The matters regulated by the Convention concern the interests of all States, and therefore, in conformity with the principle of the sovereign equality of States, no State should be prevented from becoming a Party to such a Convention.
"2. The Hungarian People's Republic points out that the provisions of article 46 of the Convention are contrary to the principle of international law recording the self-determination of peoples as well as to United Nations General Assembly resolution 1514 (XV) of 14 December 1960 on the Granting of Independence to Colonial Countries and Peoples."

Reservations:

Reservation to Article 28 of the Convention:
“The Republic of Hungary shall apply the provisions contained in Article 28 by issuing a travel document in both Hungarian and English languages, entitled ‘Utazási Igazolvány hontalan személy részére / Travel Document for Stateless Person' and supplied with the indication set out in Paragraph 1, Subparagraph 1 of the Schedule to the Convention.”

Declaration:

Article 38 of the Convention is at variance with the United Nations General Assembly resolution 1514 (XV) of 16December 1960 on the Granting of Independence to Colonial Countries and Peoples.
Reservation:

The Hungarian People's Republic does not consider itself bound by the provisions contained in paragraph 2 of article 40 of the Convention.

"The Hungarian People's Republic does not consider itself bound by the terms of paragraphs 2 and 3 of article 15 of the Protocol."

"The Hungarian People's Republic does not consider itself bound by the terms of paragraphs 2 and 3 of article 21 of the Convention."

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

The Hungarian People's Republic calls attention to the fact that articles XIII and XIV of the Agreement are at variance with resolution 1514 on the Granting of Independence to Colonial Countries and Peoples, adopted by the General Assembly of the United Nations at its XVth session on 14 December 1960.

"The Hungarian People's Republic does not consider itself bound by the provision of paragraph 5, article 15 of the Protocol which stipulates that level-crossings with gates shall not be pro- vided with a sign in the form of a Saint Andrew's cross."

The Hungarian People's Republic reserves its rights with regard to the provisions of article XII which do not define the obligations of countries having colonies with regard to questions of colonial exploitation and to acts which might be described as genocide.

"A. Ad article 9, paragraphs 1 and 2:
In the opinion of the Hungarian People's Republic, article 9, paragraphs 1 and 2 of the Convention have a discriminatory character. The Convention is a general, multilateral one and therefore every State has the right to be a party to it, in accordance with the basic principles of international law.
"B. Ad article 11, paragraph 3:
The Hungarian People's Republic declares that the provisions of article 11, paragraph 3 of the Convention are inconsistent with the principles of the independence of colonial countries and peoples, formulated, inter alia , also in resolution No. 1514 (XV) of the United Nations General Assembly."