Trinidad & Tobago

Declaration made upon accession:

“… the Government of the Republic of Trinidad and Tobago (“the Republic of Trinidad and Tobago”) upon accession to 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 (“Agreement”), shall apply and interpret the provisions of the Agreement in accordance with the United Nations Convention on the Law of the Sea, of which it is a State Party. Therefore, the Republic of Trinidad and Tobago understands that the Agreement does not prejudice the sovereign rights, jurisdiction, and powers of coastal States under the United Nations Convention on the Law of the Sea.
Settlement of Disputes - Article 60, Paragraphs 3 and 4 of the Agreement
With regard to Article 60, paragraphs 3 and 4 of the Agreement, the Republic of Trinidad and Tobago reaffirms the declarations it made pursuant to Article 287 on October 17, 2007, and pursuant to Article 298 on February 13, 2009, of the United Nations Convention on the Law of the Sea concerning Part XV of the said Convention, regarding the settlement of disputes shall be applicable to the Agreement. The Republic of Trinidad and Tobago reiterates that:
I. Declaration under Article 287
In accordance with Article 287 of the United Nations Convention on the Law of the Sea, the Republic of Trinidad and Tobago declares that, in the absence of or failing any other peaceful means, it chooses the following means, in order of priority, for the settlement of disputes concerning the interpretation or application of the United Nations Convention on the Law of the Sea:
a. The International Tribunal for the Law of the Sea established in accordance with Annex VI (ITLOS);
b. The International Court of Justice. (ICJ).
II. Declaration under Article 298
In accordance with article 298 of the United Nations Convention on the Law of the Sea, the Republic of Trinidad and Tobago declares under paragraph 1 (a) of that article, that it does not accept any of the procedures outlined in Part XV, section 2 of the Convention with respect to the categories of disputes concerning the interpretation or application of articles 15, 74, and 83 relating to sea boundary delimitations, as well as those involving historic bays or titles.”

Declaration:

“… the Government of the Republic of Trinidad and Tobago makes the following declaration in accordance with Article 30 paragraph 5 of the Minamata Convention on Mercury, that any amendment to an Annex to the Convention shall enter into force for the Republic of Trinidad and Tobago only upon its deposit of its instrument of ratification, acceptance, approval or accession with respect thereto.”

Declaration:

“… pursuant to paragraph 2 of Article 24 the Government of the Republic of Trinidad and Tobago declares that it does not consider itself bound by paragraph 1 of Article 24 of the Convention.”

17 October 2007

Declaration under article 287:

"The Republic of Trinidad and Tobago ... declare[s] that in the absence of or failing any other peaceful means, The Republic of Trinidad and Tobago chooses the following means in order of priority for the settlement of disputes concerning the interpretation or application of the United Nations Convention on the Law of the Sea:
a.The International Tribunal for the Law of the Sea established in accordance with Annex VI;
b.The International Court of Justice."
13 February 2009

Declaration under article 298:

“ … [The] Minister of Foreign Affairs of the Republic of Trinidad and Tobago, do hereby declare under paragraph 1 (a) of article 298 of the United Nations Convention on the Law of the Sea done at Montego Bay on the tenth day of December one thousand nine hundred and eighty-two, that the Republic of Trinidad and Tobago does not accept any of the procedures provided for in Part XV, section 2 of the Convention with respect to the categories of disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations as well as those involving historic bays or titles.”

Reservation made upon signature and confirmed upon ratification:

"The Republic of Trinidad and Tobago declares that it does not consider itself bound by article 29 (1) of the said Convention, relating to the settlement of disputes."

Declaration:

"The Government of the Republic of Trinidad and Tobago has decided that the duration of time referred to in article 2 of the said Convention shall be twenty (20) years."

"The Republic of Trinidad and Tobago avails itself of the provisions of article 13, paragraph 2, and declares that it does not consider itself bound by the provisions of paragraph 1 of that article under which any dispute between two or more States Parties concerning the interpretation or application of this Con- vention shall, at the request of one of them, be submitted to ar- bitration or referred to the International Court of Justice, and states that in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice."

(i) The Government of the Republic of Trinidad and Tobago reserves the right not to apply in full the provision of paragraph 2 of article 4 of the Covenant since section 7 (3) of its Constitution enables Parliament to enact legislation even though it is inconsistent with sections (4) and (5) of the said Constitution;
(ii) Where at any time there is a lack of suitable prison facilities, the Government of the Republic of Trinidad and Tobago reserves the right not to apply article 10 (2) (b) and 10 (3) so far as those provisions require juveniles who are detained to be accommodated separately from adults;
(iii) The Government of the Republic of Trinidad and Tobago reserves the right not to apply paragraph 2 of article 12 in view of the statutory provisions requiring persons intending to travel abroad to furnish tax clearance certificates;
(iv) The Government of the Republic of Trinidad and Tobago reserves the right not to apply paragraph 5 of article 14 in view of the fact that section 43 of its Supreme Court of Judicature Act No. 12 of 1962 does not confer on a person convicted on indictment an unqualified right of appeal and that in particular cases, appeal to the Court of Appeal can only be done with the leave of the Court of Appeal itself or of the Privy Council;
(v) While the Government of the Republic of Trinidad and Tobago accepts the principle of compensation for wrongful imprisonment, it is not possible at this time to implement such a principle in accordance with paragraph 6 of article 14 of the Covenant;
(vi) With reference to the last sentence of paragraph 1 of article 15-"If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby", the Government of the Republic of Trinidad and Tobago deems this provision to apply exclusively to cases in progress. Consequently, a person who has already been convicted by a final decision shall not benefit from any provision made by law, subsequent to that decision, for the imposition of a lighter penalty.
(vii) The Government of the Republic of Trinidad and Tobago reserves the right to impose lawful and or reasonable restrictions with respect to the right of assembly under article 21 of the Covenant;
(viii) The Government of the Republic of Trinidad and Tobago reserves the right not to apply the provision of article 26 of the Covenant in so far as it applies to the holding of property in Trinidad and Tobago, in view of the fact that licences may be granted to or withheld from aliens under the Aliens Landholding Act of Trinidad and Tobago.

In respect of article 8 (1) (d) and 8 (2):

"The Government of Trinidad and Tobago reserves the right to impose lawful and or reasonable restrictions on the exercise of the aforementioned rights by personnel engaged in essential services under the Industrial Relations Act or under any Statute replacing same which has been passed in accordance with the provisions of the Trinidad and Tobago Constitution.

"In accordance with article I of the Convention, the Govern- ment of Trinidad and Tobago declares that it will apply the Con- vention to the recognition and enforcement of awards made only in the territory of another Contracting State. The Government of Trinidad and Tobago further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the Law of Trinidad and Tobago."

Reservation:

"[...] Trinidad and Tobago re-accedes to the Optional Protocol to the International Covenant on Civil and Political Rights with a Reservation to article 1 thereof to the effect that the Human Rights Committee shall not be competent to receive and consider communications relating to any prisoner who is under sentence of death in respect of any matter relating to his prosecution, his detention, his trial, his conviction, his sentence or the carrying out of the death sentence on him and any matter connected therewith.
Accepting the principle that States cannot use the Optional Protocol as a vehicle to enter reservations to the International Covenant on Civil and Political Rights itself, the Government of Trinidad and Tobago stresses that its Reservation to the Optional Protocol in no way detracts from its obligations and engagements under the Covenant, including its undertaking to respect and ensure to all individuals within the territory of Trinidad and Tobago and subject to its jurisdiction the rights recognised in the Covenant (in so far as not already reserved against) as set out in article 2 thereof, as well as its undertaking to report to the Human Rights Committee under the monitoring mechanism established by article 40 thereof."

Upon signature:

Reservation:
"The reservation of the Government of Trinidad and Tobago to articles 10 and 11 of these statutes relates specifically to the non-acceptance by the Government of Trinidad and Tobago of any obligation with respect to the financing of the International Centre by assessed contributions or by voluntary contributions on the part of the Government of Trinidad and Tobago, in the absence of any decision on the selection of a host country for the International Centre, and consequently in the absence of any reliable indication of the cost of the International Centre, and the proportion of that cost to be borne by the host country, on the one hand, or by other member States, on the other hand."