Argentina

Interpretative declaration made upon notification of provisional application and reiterated upon ratification:

The Argentine Republic declares that protection for geographical indications is established in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organization (WTO). This does not imply binding commitments to extend to other products the broad protection that TRIPS provides for wines and spirits.
The Argentine Republic notes that no obligation that it may assume pursuant to the implementation of the Agreement, or subsequently, will prejudice its position on this matter in various multilateral forums, in particular WTO, or in other trade negotiations.
The Argentine Republic also understands that the provisions of article 20 of the 2015 Agreement, regarding geographical indications, should be interpreted in accordance with the standards in the TRIPS Agreement to mean that each member shall provide the legal means to prevent the use of any means in the designation or presentation of a good that indicates or suggests that it originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good.
Furthermore, the Argentine Republic interprets that the provisions of article 20 of the 2015 Agreement do not detract from the rights of members of the International Olive Council to protect geographical indications in accordance with their respective legal systems or practices, or prejudice or impair rights already acquired.
The Argentine Republic declares that the negotiations held pursuant to this Agreement, in order to establish a mechanism for the protection of geographical indications for products covered by the Agreement, should guarantee a commercially fair and balanced outcome that benefits all members ofthe International Olive Council. It undertakes to participate on that basis.
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Furthermore, the Argentine Republic notified the Secretary-General that, in accordance with article 30 of the Agreement, the Republic of Argentina applies the Agreement provisionally as of 1 January 2017.

Declaration under article 30 (5):

Pursuant to article 30 (5) of the Minamata Convention on Mercury, the Argentinian Republic declares that any amendment to an annex to the Convention shall enter into force with respect of Argentina only upon the deposit of its instrument of ratification or accession with respect thereto.

Declaration:

The Argentine Republic declares that the provisions on benefit-sharing in this Protocol are applicable to genetic resources and their derivatives.
Likewise, the provisions of this Protocol are applicable to the benefits arising from the utilization of genetic resources and their derivatives originating in the Argentine Republic and acquired after the entry into force of the Convention on Biological Diversity.
The Argentine Republic declares that, under article 4, paragraph 4, of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, this does not apply in respect of the genetic resources covered by the International Treaty on Plant Genetic Resources for Food and Agriculture or in respect of the specific genetic resources covered by any other international access and benefit-sharing instrument that does not run counter to the objectives of the Convention on Biological Diversity and the Protocols thereto, which are in effect on the date of its entry into force.

Reservation made upon signature:

Pursuant to article 23, paragraph 2, the Republic of Argentina declares that it does not consider itself bound by paragraph 1 of article 23 and, as a consequence, does not recognize either the compulsory arbitration or the compulsory jurisdiction of the International Court of Justice.
Declaration:

Pursuant to article 23, paragraph 2, the Republic of Argentina declares that it does not consider itself bound by paragraph 1 of article 23 and, as a consequence, does not recognize either the compulsory arbitration or the compulsory jurisdiction of the International Court of Justice.
With regard to article 9, paragraph 3, the Argentine Republic declares that the jurisdictional scope of its criminal law is set out in article 1 of the Argentine Criminal Code (Act No. 11.729), which provides as follows:
‘This Code shall apply in respect of:
1. Offences committed or whose effects may be produced in the territory of the Argentine Nation or in places subject to its jurisdiction;
2. Offences committed abroad by agents or employees of the Argentine authorities in the performance of their duties.’
Accordingly, the Argentine Republic shall exercise jurisdiction over the offences covered by article 9, paragraph 2, subparagraph (d), and over the offences covered by paragraph 2, subparagraphs (a), (b) and (c), whenever they produce effects in the territory of the Argentine Republic or in places subject to its jurisdiction, or when committed abroad by agents or employees of the Argentine authorities in the performance of their duties.
With respect to the offences mentioned in article 9, paragraph 2, subparagraph (e), jurisdiction over them shall be exercised in accordance with the legal provisions in force in the Argentine Republic. Account shall be taken in this regard of article 199 of the Argentine Aviation Code, which provides as follows:
‘Incidents caused, acts performed and offences committed in an Argentine private aircraft over Argentine territory, its jurisdictional waters or where no State exercises sovereignty, shall be governed by thelaws of the Argentine Nation and shall be tried by its courts.
The Argentine courts shall also have jurisdiction and the laws of the Argentine Nation shall also apply in the case of incidents caused, acts performed or offences committed on board an Argentine private aircraft over foreign territory, where a legitimate interest of the Argentine State or persons resident therein is harmed or where the first landing subsequent to the incident, act or offence is made in the Argentine Republic.’

Declaration:

With reference to the provisions of article 23 of the Agreement, the Republic of Argentina declares that:
I. Without prejudice to paragraph 6 of article 15 and paragraph 1 (d) of article 16, a person referred to in articles 15, 16, 18, 19 and 21 shall, in the territory of the Republic of Argentina of which he or she is a national or permanent resident, enjoy only, the following privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court:
(a) Immunity from personal arrest and detention;
(b) Immunity from legal process of every kind in respect of words spoken or written and all acts performed by that person in the performance of his or her functions for the Court or in the course of his or her appearance or testimony, which immunity shall continue to be accorded even after the person has ceased to exercise his or her functions for the Court or his or her appearance or testimony before it;
(c) Inviolability of papers and documents in whatever form and materials relating to the exercise of his or her functions for the Court or his or her appearance or testimony before it;
(d) For the purposes of their communications with the Court and for a person referred to in article 19, with his or her counsel in connection with his or her testimony, the right to receive and send papers in whatever form.
II. A person referred to in articles 20 and 22 shall, in the territory of the Republic of Argentina of which he or she is a national or permanent resident, enjoy only the following privileges and immunities to the extent necessary for his or her appearance before the Court:
(a) Immunity from personal arrest and detention;
(b) Immunity from legal process in respect of words spoken or written and all acts performed by that person in the course of her appearance before the Court, which immunity shall continue to be accorded even after his or her appearance before the Court.
19 May 2010

Communication:

[The Argentine Government refers] “to the attempt to extend the application of the Agreement to the Islas Malvinas, Georgias del Sur and Sandwich del Sur on the part of the United Kingdom of Great Britain and Northern Ireland dated 11 March 2010.
The Argentine Government recalls that the Islas Malvinas, Georgias del Sur and Sandwich del Sur and the surrounding maritime areas are an integral part of the Argentine national territory and are illegally occupied by the United Kingdom of Great Britain and Northern Ireland, being the subject of a sovereignty dispute between both countries which is recognized by several international organizations.
The General Assembly of the United Nations adopted resolutions 2065 (XX), 316[0] (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which the sovereignty dispute referred to as the “Question of the Malvinas Islands” is recognized and the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute. Concurrently, the Special Committee on Decolonization of the United Nations has repeatedly affirmed this view. Also, the General Assembly of the Organization of American States adopted, on 4 June 2009, a new pronouncement, in similar terms, on the question.
Therefore, the Argentine Government objects and rejects the British attempt to extend the application of the Agreement on the Privileges and Immunities of the International Criminal Court to the Islas Malvinas.
The Argentine Government reaffirms its legitimate sovereign rights over the Islas Malvinas, Georgias del Sur and Sandwich del Sur and the surrounding maritime areas.”

Upon signature:

Declaration:

The Argentine Republic declares that, in relation to article 2, the provisions of the Protocol shall be without prejudice to the right of the Argentine Republic to adopt, at the domestic level, stricter provisions designed to fulfil the objectives of the Protocol of preventing, combating and eradicating the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

Declaration:

In accordance with article 25, paragraph 4 of the Stockholm Convention on Persistent Organic Pollutants, the Republic of Argentina declares that any amendment to Annex A, B, or C shall enter into force for Argentina only after it has deposited its instrument of ratification, acceptance, approval or accession with respect thereto.

Declaration:

With reference to article 2, the Argentine Republic would prefer a broader definition of sale of children, as set out in the Inter-American Convention on International Traffic in Minors which Argentina has ratified and which, in its article 2, expressly defines traffic as the abduction, removal or retention, or attempted abduction, removal or retention, of a minor for unlawful purposes or by unlawful means. Therefore, under article 41 of the Convention on the Rights of the Child, this meaning shall continue to apply. For the same reasons, the Argentine Republic believes that the sale of children should be criminalized in all cases and not only in those enumerated in article 3, paragraph 1 (a).
Concerning article 3, the Argentine Republic further states that it has not signed international instruments on the international adoption of minors, has entered a reservation in respect of subparagraphs (b), (c), (d) and (e) of article 21 of the Convention on the Rights of the Child dealing with international adoption, and does not permit international adoption of children domiciled or resident in its jurisdiction.
Concerning article 7, the Argentine Republic construes the term 'confiscation' (confiscación) to mean the seizure of goods and proceeds as part of a sentence or penalty (decomisar).*
*Translator's note: The meaning of the Spanish term "decomisar" is not as broad as the English "seizure". "Decomisar" means "seizure" during the sentencing or penalty phase only. (Seizure as a preventive measure is rendered with "incautación".)

Declaration:

"The Argentine Republic declares that the minimum age required for voluntary recruitment into the national Armed Forces is eighteen (18) years."

Declaration:

In accordance with the provisions of article 24, paragraph 2, the Argentine Republic declares that it does not consider itself bound by article 24, paragraph 1, and consequently does not accept mandatory recourse to arbitration or to the jurisdiction of the International Court of Justice.

19 May 2010

Communication:

[The Argentine Government refers] “to the attempt to extend the application of the Rome Statute to the Islas Malvinas, Georgias del Sur and Sandwich del Sur on the part of the United Kingdom of Great Britain and Northern Ireland dated 11 March 2010.
The Argentine Government recalls that the Islas Malvinas, Georgias del Sur and Sandwich del Sur and the surrounding maritime areas are an integral part of the Argentine national territory and are illegally occupied by the United Kingdom of Great Britain and Northern Ireland, being the subject of a sovereignty dispute between both countries which is recognized by several international organizations.
The General Assembly of the United Nations adopted resolutions 2065 (XX), 316[0] (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which the sovereignty dispute referred to as the “Question of the Malvinas Islands” is recognized and the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute. Concurrently, the Special Committee on Decolonization of the United Nations has repeatedly affirmed this view. Also, the General Assembly of the Organization of American States adopted, on 4 June 2009, a new pronouncement, in similar terms, on the question.
Therefore, the Argentine Government objects and rejects the British attempt to extend the application of the Rome Statute of the International Criminal Court to the Islas Malvinas.
The Argentine Government reaffirms its legitimate sovereign rights over the Islas Malvinas, Georgias del Sur and Sandwich del Sur and the surrounding maritime areas.
The Argentine Government requests the Secretary-General that this note and its English text be notified to the States Parties and Contracting States to the Rome Statute of the International Criminal Court.”

Declaration:

The Republic of Argentina will accord such privileges and immunities as are specified in the Protocol on the Privileges and Immunities of the International Seabed Authority, adopted in Kingston on 27 March1998, to members of the Secretariat of the International Seabed Authority who are nationals or permanent residents in its territory to the extent necessary for the adequate fulfillment of their duties. With regard to fiscal and customs matters those members will be subject to the national norms applied in its territory.

Interpretative declaration:

The Argentine Republic declares that in its territory, in the Malvinas, there are anti-personnel mines. This situation was brought to the attention of the Secretary-General of the United Nations when providing information within the framework of General Assembly resolutions 48/7; 49/215; 50/82; and 51/149 concerning "Assistance in mine clearance".
Since this part of the Argentine territory is under illegal occupation by the United Kingdom of Great Britain and Northern Ireland, the Argentine Republic is effectively prevented from having access to the anti-personnel mines placed in the Malvinas in order to fulfil the obligations undertaken in the present Convention.
The United Nations General Assembly has recognized the existence of a dispute concerning sovereignty over the Malvinas, South Georgia and South Sandwich and has urged the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to maintain negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute, with the good offices of the Secretary-General of the United Nations, who is to report to the General Assembly on the progress made (resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25). The Special Committee on decolonization has taken the same position, and has adopted a resolution every year stating that the way to put an end to this colonial situation is the lasting settlement, on a peaceful and negotiated basis, of the sovereignty dispute, and requesting both Governments to resume negotiations to that end. The most recent of these resolutions was adopted on 1 July 1999.
The Argentine Republic reaffirms its rights of sovereignty over the Malvinas, South Georgia and South Sandwich and the surrounding maritime areas which form an integral part of its national territory.]

Declaration:
The Argentine Republic declares that the inclusion of the "Malvinas, South Georgia and South Sandwich Islands" under the incorrect designation of "of Falkland Islands and dependencies" does not in any way affect its rights over those islands and the surrounding waters, which form an integral part of its national territory.
The Argentine Republic likewise rejects the inclusion of the so-called "British Antarctic Territory", while reaffirming its rights to the Argentine Antarctic sector, including sovereignty and the corresponding maritime jurisdiction. It also recalls the safeguards against claims of territorial sovereignty in Antarctica est. ablished by article IV of the Antarctic Treaty of 1 December 1959, to which the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are parties.
The Argentine Republic does not accept that the provisions of article XV of the Food Aid Convention, 1995, and article 8 of the International Wheat Agreement, 1995, apply to disputes relating to territories under foreign occupation or colonial domination in respect of which there is a sovereignty dispute to resolve for which the United Nations has recommended specific action.

Declaration:

The Argentine Government considers that this Convention represents a step forward in that it establishes among its objectives the sustainable use of biological diversity. Likewise, the definitions contained in article 2 and other provisions of the Convention indicate that the terms "genetic resources", "biological resources" and "biological material" do not include the human genome. In accordance with the commitments entered into in the Convention, the Argentine Nation will pass legislation on the conditions of access to biological resources and the ownership of future rights and benefits arising from them. The Convention is fully consistent with the principles established in the "Agreement on trade-related aspects of intellectual property rights", including trade in counterfeit goods, contained in the Final Act of the Uruguay Round of GATT.

Declaration:

As provided for in article 92 (2), the Republic of Argentina does not consider itself bound by the provisions of article 92 (1) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Reservation and declarations made upon signature and confirmed upon ratification:

Reservation:
The Argentine Republic enters a reservation to subparagraphs (b), (c), (d) and (e) of article 21 of the Convention on the Rights of the Child and declares that those subparagraphs shall not apply in areas within its jurisdiction because, in its view, before they can be applied a strict mechanism must exist for the legal protection of children in matters of inter-country adoption, in order to prevent trafficking in and the sale of children.
Declarations:
Concerning article 1 of the Convention, the Argentine Republic declares that the article must be interpreted to the effect that a child means every human being from the moment of conception up to the age of eighteen.
Concerning article 38 of the Convention, the Argentine Republic declares that it would have liked the Convention categorically to prohibit the use of children in armed conflicts. Such a prohibition exists in its domestic law which, by virtue of article 41 of the Convention, it shall continue to apply in this regard.
Upon ratification:

Declaration:
Concerning subparagraph (f) of article 24 of the Convention, the Argentine Republic considers that questions relating to family planning are the exclusive concern of parents in accordance with ethical and moral principles and understands it to be a State obligation, under this article, to adopt measures providing guidance for parents and education for responsible parenthood.

Upon signature:

The signing of the Convention by the Argentine Government does not imply acceptance of the Final Act of the Third United Nations Conference on the Law of the Sea. In that regard, the Argentine Republic, as in its written statement of 8 December 1982 (A/CONF.62/WS/35), places on record its reservation to the effect that resolution III, in annex I to the final Act, in no way affects the "Question of the Falkland Islands (Malvinas)", which is governed by the following specific resolutions of the General Assembly: 2065 (XX), 3160 (XXVIII), 31/49, 37/9 and 38/12, adopted within the framework of the decolonization process.
In this connection, and bearing in mind that the Malvinas and the South Sandwich and South Georgia Islands form an integral part of Argentine territory, the Argentine Government declares that it neither recognizes nor will it recognize the title of any other State, community or entity or the exercise by it of any right of maritime jurisdiction which is claimed to be protected under any interpretation of resolution III that violates the rights of Argentina over the Malvinas and the South Sandwich and South Georgia Islands and their respective maritime zones. Consequently, it likewise neither recognizes nor will recognize and will consider null and void any activity or measure that may be carried out or adopted without its consent with regard to this question, which the Argentine Government considers to be of major importance.
The Argentine Government will accordingly interpret the occurrence of acts of the kind referred to above as contrary to the aforementioned resolutions adopted by the United Nations, the patent objective of which is the peaceful settlement of the sovereignty dispute concerning the islands by means of bilateral negotiations and through the good offices of the Secretary-General of the United Nations.
Furthermore, it is the understanding of the Argentine Republic that, wheres the Final Act states in paragraph 42 that the Convention "together with resolutions I to IV, [forms] an integral whole", it is merely describing the procedure that was followed at the Conference to avoid a series of separate votes on the Convention and the resolutions. The Convention itself clearly establishes in article 318 that only the Annexes form an integral part of the Convention; thus, any other instrument or document, even one adopted by the Conference, does not form an integral part of the United Nations Convention on the Law of the Sea.
Upon ratification:

(a) With regard to those provisions of the Convention which deal with innocent passage through the territorial sea, it is the intention of the Government of the Argentine Republic to continue to apply the regime currently in force to the passage of foreign warships through the Argentine territorial sea, since that regime is totally compatible with the provisions of the Convention.
(b) With regard to Part III of the Convention, the Argentine Government declares that in the Treaty of Peace and Friendship signed with the Republic of Chile on 29 November 1984, which entered into force on 2 May 1985 and was registered with the United Nations Secretariat in accordance with Article 102 of the Charter of the United Nations, both States reaffirmed the validity of article V of the Boundary Treaty of 1881 whereby the Strait of Magellan (Estrecho de Magallanes) is neutralized forever with free navigation assured for the flags of all nations. The aforementioned Treaty of Peace and Friendship includes regulations for vessels flying the flags of third countries in the Beagle Channel and other straits and channels of the Tierra del Fuego archipelago.
(c) The Argentine Republic accepts the provisions on the conservation and management of the living resources of the high seas, but considers that they are insufficient, particularly the provisions relating to straddling fish stocks or highly migratory fish stocks, and that they should be supplemented by an effective and binding multilateral regime which, inter alia , would facilitate cooperation to prevent and avoid over-fishing, and would permit the monitoring of the activities of fishing vessels on the high seas and of the use of fishing methods and gear.
The Argentine Government, bearing in mind its priority interest in conserving the resources of its exclusive economic zone and the area of the high seas adjacent thereto, considers that, in accordance with the provisions of the Convention, where the same stock or stocks of associated species occur both within the exclusive economic zone and in the area of the high seas adjacent thereto, the Argentine Republic, as the coastal State, and other States fishing for such stocks in the area adjacent to its exclusive economic zone should agree upon the measures necessary for the conservation of those stocks or stocks of associated species in the highs seas.
Independently of this, it is the understanding of the Argentine Government, that in order to comply with the obligation laid down in the Convention concerning the conservation of the living resources in its exclusive economic zone and the area adjacent thereto, it is authorized to adopt, in accordance with international law, all the measures it may deem necessary for the purpose.
(d) The ratification of the Convention by the Argentine Republic does not imply acceptance of the Final Act of the Third United Nations Conference on the Law of the Sea. In that regard, the Argentine Republic, as in its written statement of 8 December 1982 (A/CONF.62/WS/35), places on record its reservation to the effect that resolution III, in annex I to the Final Act, in no way affects the "Question of the Falkland Islands (Malvinas)", which is governed by the following specific resolutions of the General Assembly: 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19, 43/25, 44/406, 45/424, 46/406, 47/408 and 48/408, adopted within the framework of the decolonization process. [See paragraphs 2, 3 and 4 of the declaration made upon signature above.]
The Argentine Republic reaffirms its legitimate and inalienable sovereignty over the Malvinas and the South Sandwich Islands and their respective maritime and island zones, which form an integral part of its national territory. The recovery of those territories and the full exercise of sovereignty, respecting the way of life of the inhabitants of the territories and in accordance with the principles of international law, constitute a permanent objective of the Argentine people that cannot be renounced.
Furthermore, it is the understanding of the Argentine Republic that the Final Act, in referring in paragraph 42 to the Convention together with resolutions I to IV as forming an integral whole, is merely describing the procedure that was followed at the Conference to avoid a series of separate votes on the Convention and the resolutions. The Convention itself clearly establishes in article 318 that only the Annexes form an integral part of the Convention; thus, any other instrument or document, even one adopted by the Conference, does not form an integral part of the United Nations Convention on the Law of the Sea.
(e) The Argentine Republic fully respects the right of free navigation as embodied in the Convention, however, it considers that the transit by sea of vessels carrying highly radioactive substances must be duly regulated.
The Argentine Government accepts the provisions on prevention of pollution of the marine environment contained in Part XII of the Convention, but considers that, in the light of events subsequent to the adoption of that international instrument, the measures to prevent, control and minimize the effects of the pollution of the sea by noxious and potentially dangerous substances and highly active radioactive substances must be supplemented and reinforced.
(f) In accordance with the provisions of article 287, the Argentine Government declares that it accepts, in order of preference, the following means for the settlement of disputes concerning the interpretation or application of the Convention: (a) the International Tribunal for the Law of the Sea; (b) an arbitral tribunal constituted in accordance with Annex VIII for questions relating to fisheries, protection and preservation of the marine environment, marine scientific research, and navigation, in accordance with Annex VIII, article 1. The Argentine Government also declares that it does not accept the procedures provided for in Part XV, section 2, with respect to the disputes specified in article 298, paragraph 1 (a), (b) and (c).

Declaration:
The Argentine Republic does not consider itself bound to make any financial contribution towards such expenses as may derive from the application of this Agreement.

Reservation:

The Argentine Republic makes the express reservation that any references to the 1977 Protocols Additional to the Geneva Conventions of 1949 that are contained in the [said Convention and its Protocols I, II and III] shall be interpreted in the light of the interpretative declarations in the instrument of accession of the Argentine Republic to the afore-mentioned additional Protocols of 1977.

Reservation made upon signature and maintained upon ratification:

The Argentine Republic, exercising its prerogative under article 58 of the Agreement, enters a reservation regarding article 53 of that Agreement as it cannot accept compulsory arbitration as the only means of settling disputes of the kind referred to in this article, and as it believes that the parties to such disputes must be free to determine by mutual agreement the means of settlement best suited to each particular case.

Declaration:

In accordance with articles 96 and 12 of the United Nations Convention on Contracts for the International Sale of Goods, any provisions of article 11, article 29 or Part II of the Convention that allows a contract of sale or its modification or termination by agreement or any offer, acceptance or other indication of intention to be made in any form other than in writing does not apply where any party has his place of business in the Argentine Republic.

Reservation:

The Government of Argentina declares that it does not consider itself bound by article 29, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women.

The Argentine Republic interprets the terms "widespread, long-lasting or severe effects" in article I, paragraph 1, of the Convention in accordance with the definitions agreed upon in the understanding on that article. It likewise interprets articles II, III and VIII in accordance with the relevant understandings.

In accordance with article 13, paragraph 2, of the Convention, the Argentine Republic declares that it does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention.

Declaration:

It is the understanding of the Argentine Republic that article XII of the Convention should be interpreted to mean that its express consent shall be required in order for any dispute to which it is a party and which has not been settled by negotiation to be brought before the International Court of Justice.

"With a reservation concerning the effects of the application of the Convention to non-metropolitan Territories whose sovereignty is in dispute, as indicated in our vote on article 27."

(a) The Argentine Republic does not regard the rule con- tained in article 45 (b) as applicable to it inasmuch as the rule in question provides for the renunciation of rights in advance.
(b) The Argentine Republic does not accept the idea that a fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties, may be invoked as a ground for terminating or withdrawing from the treaty; moreover, it objects to the reservations made by Afghanistan, Morocco and Syria with respect to article 62, paragraph 2 (a) , and to any reservations to the same effect as those of the States referred to which may be made in the future with respect to article 62.
The application of this Convention to territories whose sovereignty is a subject of dispute between two or more States, whether or not they are parties to it, cannot be deemed to imply a modification, renunciation or abandonment of the position heretofore maintained by each of them.

Understanding:

The Argentine Government states that the application of the second part of article 15 of the International Covenant on Civil and Political Rights shall be subject to the principle laid down in article 18 of the Argentine National Constitution.

Declaration:

On the occasion of its accession to the Convention on the Reduction of Statelessness, adopted in New York on 30 August 1961, the Republic of Argentina objects and rejects the attempt to extend the territorial application of this instrument to the Malvinas Islands made by the United Kingdom of Great Britain and Northern Ireland upon ratification.
The Argentine Government recalls that the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine national territory and, being illegally occupied by the United Kingdom of Great Britain and Northern Ireland, are the subject of a sovereignty dispute between the two countries which is recognized by several international organizations.
In this connection, the General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which the sovereignty dispute referred to as the “Question of the Malvinas Islands” is recognized and the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute. Concurrently, the Special Committee on Decolonization of the United Nations has repeatedly affirmed this view, most recently in its resolution adopted on 26 June 2014. Also, the General Assembly of the Organization of American States adopted, on 5 June 2014, a new pronouncement, in similar terms, on the question.
The Argentine Government reaffirms its legitimate sovereign rights over the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas, as well asover the Argentine Antarctic Sector.

Reservation to article 48, paragraph 2:

The Argentine Republic does not recognize the compulsory jurisdiction of the International Court of Justice.

Upon signature:

Subject to the declaration contained in the Final Act.
Upon ratification:

On the basis of reciprocity, the Republic of Argentina will apply the Convention only to the recognition and enforcement of foreign arbitral awards made in the territory of another Contracting State. It will also apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.
The Convention will be interpreted in accordance with the principles and clauses of the National Constitution in force or those resulting from modification made by virtue of the Constitution.

Article 7:

The Argentine Government expressly reserves the rights of the Republic with respect to the Islas Malvinas (Falkland Islands), the South Sandwich Islands and the lands included within the Argentine Antarctic Sector, declaring that they do not constitute a colony or possession of any nation but are part of Argentine territory and lie within its dominion and sovereignty.
Article 10:

The Argentine Government reserves the right not to submit disputes directly or indirectly linked with the territories under Argentine sovereignty to the procedure indicated in this article.

(a) The Argentine Republic reserves the right, with respect to article 10 of the Convention, to restrict the application of the expression "highest priority" in the light of the provisions governing exchange controls in Argentina.
(b) In the event that another Contracting Party extends the application of the Convention to territories over which the Argentine Republic exercises sovereignty, such extension shall in no way affect the latter's rights (the reference is to article 12 of the Convention).
(c) The Argentine Government reserves the right not to apply the procedure provided for in article16 of the Convention in any dispute directly or indirectly related to the territories referred to in its declaration concerning article 12.

The application of this Convention in territories whose sovereignty is the subject of discussion between two or more States, irrespective of whether they are parties to the Convention, cannot be construed as an alteration, renunciation or relinquishment of the position previously maintained by each of them.

The Argentine Government reserves the right not to submit to the procedure set out in this article [article IX] any dispute which is directly connected with territories which fall within Argentine sovereignty.

Ad article IX: The Argentine Government reserves the right not to submit to the procedure laid down in this article any dispute relating directly or indirectly to the territories referred to in its reservation to article XII.
Ad article XII: If any other Contracting Party extends the application of the Convention to territories under the sovereignty of the Argentine Republic, this extension shall in no way affect the rights of the Republic.

Declaration:

The Republic of Argentina will accord such privileges and immunities as are specified in the Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea, adopted in New York on 23 May 1997, to members of the Secretariat of the International Tribunal for the Law of the Sea who are nationals or permanent residents in its territory to the extent necessary for the adequate fulfillment of their duties. With regard to fiscal and customs matters those members will be subject to the national norms application in its territory.

With reference to article 8 (2) the Government of the Argentine Republic states that the words "where the originating organization is a national of another Contracting State" appearing in article 2 (1) are to be considered as if they were replaced by the words "where the signal is emitted from the territory of another Contracting State".