Chile

Declarations made upon ratification:

The Republic of Chile declares that the provisions of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction shall be applied and interpreted in accordance with the provisions of the United Nations Convention on the Law of the Sea of 1982. Therefore, the Republic of Chile understands that the Agreement is without prejudice to the sovereign rights, jurisdiction and powers of coastal States under the Convention.
For the purposes of the relationship between the Agreement and the Convention and other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, the Republic of Chile declares that the Agreement shall in no case undermine those legal instruments and frameworks, or said bodies, and that it shall pursue coherence and coordination with those instruments, legal frameworks and bodies, on the basis of a collaborative and non-prescriptive approach. The Republic of Chile therefore considers that an interpretation and application that does not undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, neither the establishment of general principles and approaches nor the strengthening and promotion of international cooperation, as provided for in articles 5, 6, 7 and 8 of the Agreement, is essential to guiding the relationship between the Agreement and those instruments, legal frameworks and bodies.
Chile declares that the Agreement shall in no way undermine the legal regimes to which Chile is a party, such as, among others, the Antarctic Treaty and its related instruments in force (theConvention on the Conservation of Antarctic Marine Living Resources, the Convention for the Conservation of Antarctic Seals, and the Protocol on Environmental Protection to the Antarctic Treaty and its annexes), the South Pacific Regional Fisheries Management Organisation, the International Seabed Authority and the International Maritime Organization.
Pursuant to article 70 of the Agreement, no reservations or exceptions may be made to this Agreement. Therefore, declarations made by the parties in accordance with article 71 must not exclude or modify the legal effect of the provisions of the Agreement in respect of the party making such a declaration. The Republic of Chile declares that it shall not take into account or be bound in any way by declarations made regarding the Agreement by non-parties, or by declarations made by parties to the Agreement invoking article 70 which exclude or modify the effect of the provisions of the Agreement. The Republic of Chile also reserves the right to adopt a formal position, at any time, on any declaration that may be made, or that has been made, by a non-party or by a party in relation to matters governed by the Agreement. Not adopting a position or not responding to a declaration by such States shall not be interpreted or invoked as tacit consent or approval of that declaration.
For the purposes of the Agreement, the Republic of Chile reaffirms the declaration it made upon ratification of the United Nations Convention on the Law of the Sea of 1982 with regard to part XV of the Convention, on the settlement of disputes. The Republic of Chile reiterates that:
(a) In accordance with article 287 of the aforementioned 1982 Convention, it accepts, in order of preference, the following means for the settlement of disputes concerning the interpretation or application of the Agreement:
(i) The International Tribunal for the Law of the Sea established in accordance with annex VI of the Convention;
(ii) A special arbitral tribunal, established in accordance with annex VIII of the Convention, for the categories of disputes specified therein relating to fisheries, protection and preservation of the marine environment, and marine scientific research and navigation, including pollution from vessels and by dumping;
(b) In accordance with articles 280 to 282 of the Convention, the choice of means for the settlement of disputes indicated in the preceding paragraph shall in no way affect the obligations deriving from the general, regional or bilateral agreements to which the Republic of Chile is a party concerning the peaceful settlement of disputes or containing provisions for the settlement of disputes;
(c) In accordance with article 298 of the Convention, Chile declares that it does not accept any of the procedures provided for in part XV, section 2, with respect to the disputes referred to in article 298, paragraphs 1 (a), (b) and (c), of the Convention.

Interpretative declarations:

1. The Republic of Chile declares that, in accordance with article 4, paragraph 3, the requirements set out in the Agreement are addressed, to a significant degree, in Chilean law, in particular in Law No. 19.300 on the general environmental framework; Law No. 20.500 on associations and community participation in public administration; Law No. 20.285 on access to public information; and Law No. 20.600 establishing environmental courts, among others.
2. The Republic of Chile declares that article 11, paragraph 2, shall be understood as referring to cooperation within the ambit of the Agreement for the purposes of implementing it in the countries in question.
3. The Republic of Chile declares that it shall, in line with article 13, to the extent of its ability and in accordance with its national priorities, carry out the national activities that are needed to fulfil the obligations derived from the Agreement, in particular in relation to articles 5, 6, 7 and 8, using whichever means it deems appropriate.
4. The Republic of Chile declares that, unless and until it declares otherwise in writing, it does not accept as compulsory the means of dispute settlement indicated in article 19, paragraph 2, for a dispute not resolved in accordance with paragraph 1 of that article.

Declaration:

The Republic of Chile declares, in accordance to article 12, entitled Inter-State Communications, of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, that it recognizes the competence of the Committee to receive and consider communications in which a State party claims that another State party is not fulfilling its obligations under any of the following instruments to which the State is a party: the Convention; the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography; and to the Optional Protocol to the Convention on the involvement of children in armed conflicts.

Declaration:

In accordance with article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, the Republic of Chile declares that persons referred to in this article who are Chileans nationals or permanent residents of Chile shall, in the territory of the Republic of Chile, enjoy only the privileges and immunities referred to in this article.

13 November 2008

Declaration:

Pursuant to the provisions of article 3, paragraph 4, of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, the Republic of Chile is amending the declaration made when it deposited the instrument of ratification of the Protocol, as follows:
"The Government of Chile declares that, in accordance with its internal legislation, the minimum age for voluntary recruitment into its national armed forces is 18 years. As an exception, persons who are 17 years of age may, at their request, advance by one year their ordinary conscription into military service, although they may not be mobilized before they have reached the age of 18."

Reservation:

The Government of Chile expresses a reservation with respect to article 8, paragraph 2 (d) of the Protocol, as that provision will not exempt its nationals from national service obligations.

Declaration:

The Republic of Chile declares that it will apply provisionally paragraph 1 of article 1 of the Convention.

Declaration made upon accession:
The Republic of Chile declares that the provisions of the 1995 Agreement must be implemented and interpreted in accordance with the provisions of the United Nations Convention on the Law of the Sea of 1982. Therefore, the Republic of Chile understands that the Agreement does not affect the sovereign rights, jurisdiction and competences of coastal States in conformity with the Convention.
In the interests of the protection, conservation and sustainable use of the ocean and its resources, and in particular, the competences, sovereign rights and jurisdiction of States in the exclusive economic zone and continental shelf, and the law applicable on the high seas, the Republic of Chile considers that the general principles and the ecosystem and precautionary approaches under articles 5 and 6 of the Agreement are crucial to the management of fishing activities carried out in maritime areas for the sustainability of activities and the comprehensive protection of the marine environment.
In conformity with international law and States’ sovereignty over ports in their territory, the Republic of Chile understands that the rights of the port State, under article 23 of the Agreement, do not prevent the port State from taking stricter measures than those provided for in the Agreement, in accordance with international law.
With regard to articles 21 and 22 of the Agreement, the Republic of Chile understands that these rules contain useful mechanisms to prevent, deter and eliminate illegal, unreported and unregulated fishing, and that regional fisheries organizations and arrangements should adopt procedures for boarding and inspection consistent with the rules of the Agreement. Inspections conducted in accordance with this Agreement must be carried out taking into account all necessary steps to ensure the safety of the crew and inspectors. The use of force provided for in article 22 (1) (f) of the Agreement is an exceptional measure that must conform to the principle of proportionality. Any disputes arising in the implementation of that rule should be settled by the appropriate peaceful means.
Under article 42 of the Agreement, no reservations or exceptions may be made thereto. Therefore, declarations made by States parties in conformity with article 43 may not exclude or modify the legal effect of the provisions of the Agreement in their application to the State that made such a declaration. The Republic of Chile declares that it shall neither take into account nor be bound in any way by the declarations of third States in connection with the present Agreement, or by the declarations made by States parties to the Agreement, invoking article 43, that exclude or modify the effects of its rules.
Likewise, the Republic of Chile reserves the right to adopt a formal position, at any time, vis-à-vis any declaration that might be made or that has been made by a third State or a State party in relation to matters governed by the Agreement. Not taking a position or not responding to a declaration by such States shall not be interpreted or invoked as tacit consent or endorsement of said declaration.
For the purposes of the Agreement, the Republic of Chile reaffirms the declaration it made upon ratification of the United Nations Convention on the Law of the Sea of 1982 with regard to part XV of the Convention on the settlement of disputes. The Republic of Chile reiterates that:
(a) In accordance with article 287 of the Convention, it accepts, in order of preference, the following means for the settlement ofdisputes concerning the interpretation or application of the Agreement:
(i) The International Tribunal for the Law of the Sea established in accordance with annex VI of the Convention;
(ii) A special arbitral tribunal, established in accordance with annex VIII of the Convention, for the categories of disputes specified therein relating to fisheries, protection and preservation of the marine environment, and marine scientific research and navigation, including pollution from vessels and by dumping.
(b) In accordance with articles 280 to 282 of the Convention, the choice of means for the settlement of disputes indicated in the preceding paragraph shall in no way affect the obligations deriving from the general, regional or bilateral agreements to which the Republic of Chile is a party concerning the peaceful settlement of disputes or containing provisions for the settlement of disputes.
(c) In accordance with article 298 of the Convention, Chile declares that it does not accept any of the procedures provided for in part XV, section 2, with respect to the disputes referred to in article 298, paragraph 1 (a), (b) and (c) of the Convention.

Declaration:

The Government of Chile, on ratifying the Convention on Biological Diversity of 1992, wishes to place on record that the pine tree and other species that the country exploits as one of its forestry resources are considered exotic and are not taken to fall within the scope of the Convention.

Reservations:

The Republic of Chile makes a reservation with respect to the provisions of article 22, paragraph 5, of this Convention which it considers to be inapplicable to Chile.
The Republic of Chile will consider the provisions of article 48, paragraph 2, to be fulfilled under the terms of international conventions for the avoidance of double taxation that either have been entered into or will be entered into in the future.

Reservation:
The State of Chile formulates the reservation authorised under article 2, paragraph 1, of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, and may in consequence apply the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.

Declaration:

The Government of Chile considers that the provisions of this Convention [. . .] help to consolidate and expand the legal regime that Chile has established through various international instruments on the control of transboundary movements of hazardous wastes and their disposal, whose scope of application covers both the continental territory of the Republic and its area of jurisdiction situated south of latitude 60oS, in accordance with the provisions of article 4, paragraph 6, of the present Convention.

Upon signature:

...
2. The Government of Chile does not consider itself bound by the provisions of article 30, paragraph 1, of the Convention.
3. The Government of Chile reserve the right to formulate, upon ratifying the Convention, any declarations or reservations it may deem necessary in the light of its domestic law.
Upon ratification:

The Government of Chile declares that in its relations with American States that are Parties to the Inter-American Convention to Prevent and Punish Torture, it will apply that Convention in cases where its provisions are incompatible with those of the present Convention.
...

Statement made upon signature and confirmed upon ratification:

In exercise of the right conferred by article 310 of the Convention, the delegation of Chile wishes first of all to reiterate in its entirety the statement it made at last April's meeting when the Convention was adopted. That statement is reproduced in document A/CONF.62/SR.164. . . . in particular to the Convention's pivotal legal concept, that of the 200 mile exclusive economic zone to the elaboration of which [the Government of Chile] country made an important contribution, having been the first to declare such a concept, 35 years ago in 1947, and having subsequently helped to define and earn it international acceptance. The exclusive economic zone has a sui generis legal character distinct from that of the territorial sea and the high seas. It is a zone under national jurisdiction, over which the coastal State exercises economic sovereignty and in which third States enjoy freedom of navigation and overflight and the freedoms inherent in international communication. The Convention defines it as a maritime space under the jurisdiction of the coastal State, bound to the latters' territorial sovereignty and actual territory, on terms similar to those governing other maritime spaces, namely the territorial sea and the continental shelf. With regard to straits used for international navigation, the delegation of Chile wishes to reaffirm and reiterate in full the statement made last April, as reproduced in document A/CONF.62/SR.164 referred to above, as well as the content of the supplementary written statement dated 7 April 1982 contained in documentA/CONF.62/WS/19.
With regard to the international sea-bed régime, [the Gov-ernment of Chile wishes] to reiterate the statement made by the Group of 77 at last April's meeting regarding the legal concept of the common heritage of mankind, the existence of which was solemnly confirmed by consensus by the General Assembly in1970 and which the present Convention defines as a part of jus cogens . Any action taken in contravention of this principle and outside the framework of the sea-bed régime would, as last April's debate showed, be totally invalid and illegal.
Upon ratification:

...
2. The Republic of Chile declares that the Treaty of Peace and Friendship signed with the Argentine Republic on 29 November 1984, which entered into force on 2 May 1985, shall define the boundaries between the respective sovereignties over the sea, seabed and subsoil of the Argentine Republic and the Republic of Chile in the sea of the southern zone in the terms laid down in articles 7 to 9.
3. With regard to part II of the Convention:
(a) In accordance with article 13 of the Treaty of Peace and Friendship of 1984, the Republic of Chile, in exercise of its sovereign rights, grants to the Argentine Republic the navigation facilities through Chilean internal waters described in that Treaty, which are specified in annex 2, articles 1 to 9.
In addition, the Republic of Chile declares that by virtue of this Treaty, ships flying the flag of third countries may navigate without obstacles through the internal waters along the routes specified in annex 2, articles 1 and 8, subject to the relevant Chilean regulations.
In the Treaty of Peace and Friendship of 1984, the two Parties agreed on the system of navigation and pilotage in the Beagle Channel defined in annex 2, articles 11 to 16. The provisions on navigation set forth in that annex replace any previous agreement on the subjectthat might exist between the Parties.
We reiterate that the navigation systems and facilities referred to in this paragraph were established in the 1984 Treaty of Peace and Friendship for the sole purpose of facilitating maritime communication between specific maritime points and areas, along the specific routes indicated, so that they do not apply to other routes existing in the zone which have not ben specifically agreed on.
b) The Republic of Chile reaffirms the full validity and force of Supreme Decree No. 416 of 1977, of the Ministry of Foreign Affairs, which, in accordance with the principles of article 7 of the Convention -- which have been fully recognized by Chile -- established the straight baselines which were confirmed in article 11 of the 1984 Treaty of Peace and Friendship.
c) In cases in which the State places restrictions on the right of innocent passage for foreign warships, the Republic of Chile reserves the right to apply similar restrictive measures.
4. With regard to part III of the Convention, it should be noted that in accordance with article 35 (c), the provisions of this part do not affect the legal regime of the Strait of Magellan, since passage through that strait is "regulated by long-standing international conventions in force specifically relating to such straits" such as the 1881 Boundary Treaty, a regime which is reaffirmed in the Treaty of Peace and Friendship of 1984.
In article 10 of the latter Treaty, Chile and Argentina agreed on the boundary at the eastern end of the Strait of Magellan and agreed that this boundary in no way alters the provisions of the 1881 Boundary Treaty, whereby, as Chile declared unilaterally in 1873, the Strait of Magellan is neutralized forever with free navigation assured for the flags of all nations under the terms laid down in article V. For its part, the Argentine Republic undertook to maintain, at any time and in whatever circumstances, the right of ships of all flags to navigate expeditiously and without obstacles through its jurisdictional waters to and from the Strait of Magellan.
Furthermore, we reiterate that Chilean maritime traffic to and from the north through the Estrecho de Le Maire shall enjoy the facilities laid down in annex 2, article 10 of the 1984 Treaty of Peace and Friendship.
5. Having regard for its interest in the conservation of the resources in its exclusive economic zone and the adjacent area of the high seas, the Republic of Chile believes 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 adjacent area of the high seas, the Republic of Chile, as the coastal State, and the States fishing for such stocks in the area adjacent to its exclusive economic zone must agree upon the measures necessary for the conservation in the high seas of these stocks or associated species. In the absence of such agreement, Chile reserves the right to exercise its rights under article 116 and other provisions of the [said Convention], and the other rights accorded to it under international law.
6. With reference to part XI of the Convention and its supplementary Agreement, it is Chile's understanding that, in respect of the prevention of pollution in exploration and exploitation activities, the Authority must apply the general criterion that underwater mining shall be subject to standards which are at least as stringent as comparable standards on land.
7. With regard to part XV of the Convention, the Republic of Chile declares that:
(a) In accordance with article 287 of the Convention, it accepts, in order of preference, the following means for the settlement of disputes concerning the interpretation or application of the Convention:
i) The International Tribunal for the Law of the Sea established in accordance with annex VI;
ii) A special arbitral tribunal, established in accordance with annex VIII, for the categories of disputes specified therein relating to fisheries, protection and preservation of the marine environment, and marine scientific research and navigation, including pollution from vessels and by dumping.
(b) In accordance with articles 280 to 282 of the Convention, the choice of means for the settlement of disputes indicated in the preceding paragraph shall in no way affect the obligations deriving from the general, regional or bilateral agreements to which the Republic of Chile is a party concerning the peaceful settlement of disputes or containing provisions for the settlement of disputes.
(c) In accordance with article 298 of the Convention, Chile declares that it does not accept any of the procedures provided for in part XV, section 2 with respect to the disputes referred to in article 298, paragraphs 1(a), (b) and (c) of the Convention.

Declaration:

The State of Chile declares, in accordance with articles 12 and 96 of the Convention, that any provision of article 11, article 29 or Part II of the Convention that allows a contract of sale or its modification or termination by mutual agreement or any offer, acceptance or other indication of intention to be made in any other form than in writing, does not apply where any party has its place of business in Chile.

Upon signature:

Declaration:
The Government of Chile has signed this Convention on the Elimination of All Forms of Discrimination Against Women, mindful of the important step which this document represents, not only in terms of the elimination of all forms of discrimination against women, but also in terms of their full and permanent integration into society in conditions of equality.
The Government is obliged to state, however, that some of the provisions of the Convention are not entirely compatible with current Chilean legislation.
At the same time, it reports the establishment of a Commission for the Study and Reform of the Civil Code, which now has before it various proposals to amend, inter alia , those provisions which are not fully consistent with the terms of the Convention.

The Government of the Republic [of Chile], having approved this Convention, states that such approval is given on the understanding that the aforesaid Convention prohibits the taking of hostages in any circumstances, even those referred to in article 12.

Reservation:

The Republic of Chile declares its adherence to the general principle of the immutability of treaties, without prejudice to the right of States to stipulate, in particular, rules which modify this principle, and for this reason formulates a reservation relating to the provisions of article 62, paragraphs 1 and 3, of the Con- vention, which it considers inapplicable to Chile.

Declaration:

In recognizing the competence of the Human Rights Committee to receive and consider communications from individuals, it is the understanding of the Government of Chile that this competence applies in respect of acts occurring after the entry into force for that State of the Optional Protocol or, in any event, to acts which began after 11 March 1990.

Reservation with respect to article 16 made upon signature and confirmed upon ratification:

In any dispute with American countries over the interpreta- tion or implementation of this Convention, Chile shall proceed in accordance with whatever inter-American instruments concerning the peaceful settlement of disputes may be binding both on Chile and on the other American country.

(1) With the reservation that, with reference to the provisions of article 34, the Government of Chile will be unable to grant to refugees facilities greater that those granted to aliens in general, in view of the liberal nature of Chilean naturalization laws;
(2) With the reservation that the period specified in article 17, paragraph 2 (a) shall, in the case of Chile, be extended from three to ten years;
(3) With the reservation that article 17, paragraph 2 (c) shall apply only if the refugee is the widow or the widower of a Chilean spouse;
(4) With the reservation that the Government of Chile cannot grant a longer period for compliance with an expulsion order than that granted to other aliens in general under Chilean law.

Interpretative declarations:

(1) The Republic of Chile, in ratifying this Optional Protocol, reaffirms its ongoing commitment to the promotion and protection of women’s human rights and gender equality, which are objectives that are provided for in the legal system of the Republic of Chile.
(2) The Republic of Chile interprets article 5 of the Optional Protocol as meaning that any request for interim measures as referred to therein, and made with respect to the economic, social and cultural rights enshrined in the Convention, will be examined and applied, in keeping with the progressive nature of these rights.
(3) The Republic of Chile ratifies the present Optional Protocol on the understanding that the special procedure provided for in articles 8 and 9 thereof may not be used to address situations that, given their particular nature, could be the subject of an individual communication. Accordingly, this special procedure cannot be used to circumvent the requirements of article 4 for the submission of individual communications, such as the exhaustion of domestic remedies or the need for the facts giving rise to the case to fall within the temporal scope of the Optional Protocol.
(4) The Republic of Chile declares that recognition of the competence of the Committee as established under articles 8 and 9 of the Optional Protocol shall in no way infringe upon the right to life of the unborn child.

Declaration:

Chile understands that aritcle 12 of the Protocol and Annex B thereto do not imply any obstacle for the exporter or the notifier in terms of being able to negotiate with the importer or the disposer the conditions under which the insurance cost involved in the operation shall be defrayed.

Reservations:

(a) The Government of Chile hereby enters a reservation to article 13, paragraph 3, of the Statutes inasmuch as, under the provisions of its Constitution and internal law, the property and assets of the Centre may be expropriated by virtue of a general or special law authorizing such expropriation on the ground of public benefit or national interest as may be determined by legislation.
(b) The Government of Chile hereby enters a reservation to article 13, paragraphs 5, 6 and 7, of the Statutes inasmuch as the privileges and immunities of representatives of the Members and of officials and experts of the Centre shall be granted in accordance with the terms of the said paragraphs save where any such person holds Chilean nationality.

The Government of Chile makes a reservation with regard to article 10, in the sense that it does not accept the compulsory jurisdiction of the International Court of Justice for the purpose of the settlement of disputes which may arise between Contracting States concerning the interpretation or application of the present Convention.