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Article 18 ENTRY INTO FORCE PDF Print E-mail
Written by Administrator   
Wednesday, 13 January 2010 15:58

Article 18

ENTRY INTO FORCE

1.   This Protocol, together with the amendments which it contains, shall come into force on the thirtieth day following the date on which the fortieth instrument of ratification or accession is deposited in accordance with article 17.

2. In respect of any other State depositing an instrument of ratification or accession after the date of deposit of the said fortieth instrument, this Protocol shall come into force on the thirtieth day after the deposit by that State of its instrument of ratification or accession.

Commentary

1. It will be noted that until 31 December 1972 the Protocol was open for signature not only on behalf of Parties to the Single Convention but also on behalf of States which had signed that treaty but had not yet ratified or acceded to it, i.e. had not yet become Parties thereto. Such signatories cannot ratify the Protocol, i.e. become Parties thereto, as long as they have not ratified or acceded to the Single Convention.'

2. Apart from that somewhat unusual provision on signature, the two articles under consideration are standard provisions very similar to those which can be found in a number of other treaties.

3. The 1972 Protocol does not contain any provision for its denunciation. A Party to the unamended Single Convention and to the Protocol would by its denunciation of the Convention2 also cease to be a Party to the Protocol, since it cannot be a Party to the latter without being a Party to the former treaty. A Party to the amended Single Convention could of course cease its participation in that treaty by denouncing it in accordance with its article 46.

4.   The 1972 Protocol came into force on 8 August 1975.

1 Article 17, para.2 of the Protocol.

2 Article 46 of the Single Convention.

 

Our valuable member Administrator has been with us since Monday, 28 April 2008.

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