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2011_si_44 IE

S.I. No. 44/2011 - International Tribunal for the Law of the Sea (Privileges and Immunities) Order 2011.

8 Articles / Provisions · Ireland
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Table of Provisions (8)

Statutory Text (8 Articles)

ISB SI

1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, denounce this Agreement. The denunciation shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

ISB SI

2. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Agreement to which it would be subject under international law independently of this Agreement.

Article 34

Depositary

The Secretary General of the United Nations shall be the depositary of this Agreement.

Article 35

Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement.

OPENED FOR SIGNATURE at New York, this first day of July, one thousand nine hundred andninety-seven, in a single original, in the Arabic, Chinese, English, French, Russian and Spanish languages.

GIVEN under the Official Seal of the Government,

25 January 2011.

BRIAN COWEN,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order provides that privileges and immunities are afforded to the International Seabed Authority in accordance with the Protocol on the Privileges and Immunities of the International Seabed Authority.

ISB SI

3. The competent authorities of the State concerned shall accord the privileges, immunities and facilities provided for in this article upon production of the certification referred to in paragraph 2.

ISB SI

4. Where the incidence of any form of taxation depends upon residence, periods during which such agents, counsel or advocates are present in a State for the discharge of their functions shall not be considered as periods of residence.

Article 17

Witnesses, experts and persons performing missions

ISB SI

5. Members of the Tribunal shall have insurance coverage against third-party risks in respect of vehicles owned or operated by them, as required by the laws and regulations of the State in which the vehicle is operated.

ISB SI

6. Paragraphs 1 to 5 of this article shall apply to Members of the Tribunal even after they have been replaced if they continue to exercise their functions in accordance with article 5, paragraph 3, of the Statute.

ISB SI

7. In order to secure, for Members of the Tribunal, complete freedom of speech and independence in the discharge of their functions, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their functions shall continue to be accorded, notwithstanding that the persons concerned are no longer Members of the Tribunal or performing those functions.

Article 14

Officials

ISB SI

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st February

, 2011.

WHEREAS it is enacted by section 42A (as amended by

section 4

of the

Diplomatic Relations and Immunities (Amendment) Act 2006

(No. 10 of 2006)) of the

Diplomatic Relations and Immunities Act 1967

(No. 8 of 1967) hereby that the Government may by order make provision to enable—

(

a

) international organisations, communities or bodies, their institutions or organs and their property, and

(

b

) persons,

to have and enjoy in the State any inviolability, exemptions, facilities, immunities, privileges or rights (other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention) provided for in relation to them by an international agreement to which the State or the Government is or intends to become a party;

AND WHEREAS the International Tribunal for the Law of the Sea is such an international organisation, community or body and the Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea adopted on 23 May 1997 at the Seventh Meeting of State Parties to the United Nations Convention on the Law of the Sea is such an agreement;

NOW, the Government, in exercise of the powers conferred on them by the said section 42A, hereby order as follows

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