Monténégro

Declaration:

“The Government of Montenegro makes the following Declaration in relation to article 24 of the Optional Protocol:
In accordance with the article 24 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Montenegro postpones the implementation of its obligations under part IV of the present Optional Protocol for two years after the date of the entrance into force of the Optional Protocol.”

5 February 2020

Declaration:

“Montenegro does not impose mandatory military service. The minimum age at which Montenegro will permit voluntary recruitment into Montenegro Armed Forces is 18 years. Military obligation for Montenegrin citizens starts from the age of 18 and ends at the end of the year in which they turn 60 years. They could be called to perform military service in time of peace and in case of state of war or state of emergency. This obligation is prescribed by the Law on Defence (‘Official Gazette of Montenegro’, N° 46/19) and the Law on the Armed Forces (‘Official Gazette of Montenegro’, N° 34/2019).”

Reservation:

“In accordance with Article 14 of the Tampere Convention on the Provisions of Telecommunications Resources for Disaster Mitigation and Relief Operations, adopted at Tampere, 18 June 1998, the Government of Montenegro declares that this Convention shall not apply to:
To the extent to which certain provisions of the Tampere Convention on the Provisions of Telecommunications Resources for Disaster Mitigation and Relief Operations (“the Convention”) fall within the area of responsibility of the European Community, the full implementation of the Convention by Montenegro has to be done in accordance with the procedures of this international organization.”

Confirmed upon succession:

Declaration:

".....it is the understanding of Serbia and Montenegro that the mere participation in the planning or conduct of operations, exercises or any other military activities by the armed forces of Serbia and Montenegro, or by any of its nationals, if carried out in conjunction with armed forces of the non-State Parties (to the Convention), which engage in activities prohibited under the Convention, does not in any way imply an assistance, encouragement or inducement as referred to in subparagraph 1 (c) of the Convention."

Declaration

“Montenegro declares that in respect of any dispute not resolved in accordance with Article 33 paragraph 2 of the said Convention, Montenegro recognizes as compulsory ipso facto, and without special agreement in relationship to any party accepting the same obligation:
1. Submission of the dispute to the International Court of Justice; and/or
2. Arbitration by an arbitral tribunal established and operating, unless the parties to the dispute otherwise agreed, in accordance with the procedure laid down in the annex to the present Convention.”

Confirmed upon succession:

Declaration:

"1. Proceeding from the right that State Parties have on the basis of article 310 of the United Nations Convention on the Law of the Sea, the [Government of Montenegro] considers that a coastal State may, by its laws and regulations, subject the passage of foreign warships to the requirement of previous notification to the respective coastal State and limit the number of ships simultaneously passing, on the basis of the international customary law and in compliance with the right of innocent passage (articles 17-32 of the Convention).
2. The [Government of Montenegro] also considers that it may, on the basis of article 38, para.1, and article 45, para. 1 (a) of the Convention, determine by its laws and regulations which of the straits used for international navigation in the territorial sea of [Montenegro] will retain the regime of innocent passage, as appropriate.
3. Due to the fact that the provisions of the Convention relating to the contiguous zone (article 33) do not provide rules on the delimitation of the contiguous zone between States with opposite or adjacent coasts, the [Government of Montenegro] considers that the principles of the customary international law, codified in article 24, para. 3, of the Convention on the Territorial Sea and the Contiguous Zone, signed in Geneva on 29 April 1958, will apply to the delimitation of the contiguous zone between the Parties to the United Nations Convention on the Law of the Sea."
20 May 2011

Declaration under Article 287 (1):

“Pursuant to paragraph 1 of Article 287 of the Convention, for the settlement of disputes concerning the interpretation or application of the Convention, Montenegro chooses, in order of preference, (i) the International Tribunal for the Law of the Sea established in accordance with Annex VI of the Convention and (ii) the International Court of Justice.”
Declaration under Article 298 (1) (a):

“Pursuant to paragraph 1 (a) of Article 298 of the aforementioned Convention, Montenegro does not accept any of the procedures provided for in section 2 of Part XV of the Convention with respect to disputes concerning the interpretation or application of Articles 15, 74 and 83 relating to sea boundary delimitations or disputes involving historic bays or titles.”

Confirmed upon succession:

Declaration:

"The [Government of Yugoslavia] herewith states that the provisions of Article 9 of the Convention should be interpreted and applied in practice in the way which would not bring into question the goals of the Convention, i.e. undertaking of efficient measures for the prevention of all acts of the taking of hostages as a phenomenon of international terrorism, as well as the prosecution, punishment and extradition of persons considered to have perpetrated this criminal offence."

Confirmed upon succession:

Reservation:

With the reservations that articles 9 and 11 of the Protocol shall not apply in the territory of the Socialist Federal Republic of Yugoslavia.

Confirmation upon succession:

Declaration:

Exercising the option provided for in article 15 (1), the Government of Yugoslavia specified in its instrument of ratification that it accepts Protocol No. 1 concerning rights in rem in Inland Navigation Vessels and Protocol No. 2 concerning Attachment and Forced Sale of Inland Navigation Vessels, annexed to the Convention.

Confirmed upon succession

Reservations:

The Federal People's Republic of Yugoslavia declares in accordance with article 9 of the afore-mentioned Convention:
(a) that it reserves the right to provide by law or international agreement that the provisions of this Convention shall not apply to vessels exclusively employed by the public authorities;
(b) that it reserves the right to provide by law that the provisions of this Convention shall not apply on waterways reserved exclusively for its own shipping.

Confirmation upon succession:

Reservations:

"1. The Convention is applied in regard to the Socialist Federal Republic of Yugoslavia only to those arbitral awards which were adopted after the coming of the Convention into effect.
"2. The Socialist Federal Republic of Yugoslavia will apply the Convention on a reciprocal basis only to those arbitral awards which were adopted on the territory of the other State Party to the Convention.
"3. The Socialist Federal Republic of Yugoslavia will apply the Convention [only] with respect to the disputes arising from the legal relations, contractual and non-contractual, which, according to its national legislation are considered as economic."
Declaration:

“The first reservation only constituted an affirmation of the legal principle of retroactivity and that the third reservation being essentially in accordance with article I (3) of the Convention, the word "only" was therefore to be added to the original text and note taken that the word "economic" had been used therein as a synonym for "commercial".

Confirmed upon succession:

Reservation in respect of article 6 of the Convention :

In determining its continental shelf, Yugoslavia recognizes no "special circumstances" which should influence that delimitation.

Confirmed upon succession:

Reservation:

"The Federal Republic of Yugoslavia does not consider itself bound by Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide and, therefore, before any dispute to which the Federal Republic of Yugoslavia is a party may be validly submitted to the jurisdiction of the International Court of Justice under this Article, the specific and explicit consent of the FRY is required in each case.”