Article XXII Entry into Force
|
|
(a)
|
The Convention shall enter into force sixty
days after the date on which it has been signed, in accordance with
subparagraph (i) of paragraph (a) of Article XXI of the Convention, or has
been ratified, accepted or approved by two-thirds of the States which, at the
date on which it is opened for signature have jurisdiction over Signatory
Parties to the Provisional Agreement provided that:
|
(i)
|
those Signatory Parties, or their designated
Signatories to the ECS Agreement, hold at least two-thirds of the financial
shares under the ECS Agreement and
|
|
(ii)
|
the Operating Agreement has been signed in
accordance with paragraph (b) of Article II of the Convention.
|
|
|
|
(b)
|
The Convention shall not enter into force
less than eight months after the date on which it is opened for signature.
The Convention shall not enter into force if it has not been signed,
ratified, accepted or approved under paragraph (a) of this Article, within
thirty-six months of the date on which it is opened for signature.
|
|
|
(c)
|
For a State whose instrument of
ratification, acceptance, approval or accession is deposited after the date
on which the Convention enters into force, the Convention shall enter into
force on the date of such deposit.
|
|
|
(d)
|
Upon entry into force, the Convention will
be applied provisionally for any State which has signed it subject to
ratification, acceptance or approval and which has so requested at the time
of signature or at any later time before entry into force. Provisional
application shall end:
|
(i)
|
upon deposit of an instrument of
ratification, acceptance or approval by that State;
|
|
(ii)
|
at the end of two years from the date on
which the Convention enters into force without having been ratified, accepted
or approved by that State;
|
|
(iii)
|
upon notification by that State, before the
end of the period mentioned in subparagraph (ii) of this paragraph, of its
decision not to ratify, accept or approve the Convention.
When provisional application ends under
subparagraph (ii) or (iii) of this paragraph, paragraphs (d), (e) and (g) of
Article XVIII of the Convention shall govern the rights and obligations of
the Party and of its designated Signatory.
|
|
|
|
(e)
|
Despite the provisions of this Article, the
Convention shall neither enter into force, nor be applied provisionally for
any State, unless the conditions in paragraph (c) of Article XXI of the
Convention have been satisfied.
|
|
|
(f)
|
Upon entry into force, the Convention shall
replace and terminate the Provisional Agreement. However, nothing in the
Convention or the Operating Agreement shall affect any right or obligation of
a Party or a Signatory acquired in its former capacity as a Signatory Party
to the Provisional Agreement or as a Signatory to the ECS Agreement.
|
 |
 |
|
