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288 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4/Rev.2)“Article 25“Settlement <strong>of</strong> disputes 2“l. Any dispute between two or more States Parties concerning the interpretationor application <strong>of</strong> <strong>this</strong> Convention [and its Protocols] that cannot be settledthrough negotiation within a reasonable time 3 shall, at the request <strong>of</strong> one <strong>of</strong> them, besubmitted to arbitration. If, six months after the date <strong>of</strong> the request for arbitration,those States Parties are unable to agree on the organization <strong>of</strong> the arbitration, anyone <strong>of</strong> those Parties may refer the dispute to the <strong>International</strong> Court <strong>of</strong> Justice byrequest in conformity with the Statute <strong>of</strong> the Court.“2. Each State Party may, at the time <strong>of</strong> [signature,] ratification [, acceptance]or [approval] <strong>of</strong> <strong>this</strong> Convention, declare that it does not consider itself bound byparagraph 1 <strong>of</strong> <strong>this</strong> article. The other States Parties shall not be bound by paragraph1 <strong>of</strong> <strong>this</strong> article with respect to any State Party that has made such a reservation. 4“3. Any State Party that has made a reservation 5 in accordance with paragraph2 <strong>of</strong> <strong>this</strong> article may at any time withdraw that reservation by notification to theSecretary-General <strong>of</strong> the United Nations.”Sixth session: 6-17 December 1999Notes by the Secretariat2. The <strong>version</strong> <strong>of</strong> article 25 contained in <strong>document</strong> A/AC.254/4/Rev.2 remained thesame in the intermediate drafts <strong>of</strong> the convention (A/AC.254/4/Revs.3-5).Rolling text (A/AC.254/4/Rev.6)“Article 25“Settlement <strong>of</strong> disputes“l. Any dispute between two or more States Parties concerning the interpretationor application <strong>of</strong> <strong>this</strong> Convention and its Protocols that cannot be settled throughnegotiation within a reasonable time [ninety days] shall, at the request <strong>of</strong> one <strong>of</strong> thoseParties, be submitted to arbitration. If, six months after the date <strong>of</strong> the request for2Some delegations proposed that article 32 <strong>of</strong> the 1988 Convention would be a more appropriate model for <strong>this</strong> article,in that it referred not simply to negotiation and arbitration, but in greater detail to “negotiation, enquiry, mediation, conciliation,arbitration, recourse to regional bodies, judicial process or other peaceful means <strong>of</strong> their [the Parties’] own choice”.Other delegations, however, essentially supported the present formulation, since it was based on the 1997 <strong>International</strong>Convention for the Suppression <strong>of</strong> Terrorist Bombings (General Assembly resolution 52/164, annex), which was more recentthan the 1988 Convention.3Some delegations were <strong>of</strong> the view that the term “reasonable time” was ambiguous.4One delegation noted that the issue <strong>of</strong> a declaration would apply only to cases involving the compulsory settlement<strong>of</strong> disputes. Some delegations proposed that paragraphs 2 and 3 <strong>of</strong> article 25, together with the appropriate paragraphs fromarticle 26, should be placed in a separate article on reservations. Other delegations, however, noted that reservations inrespect <strong>of</strong> the resolution <strong>of</strong> conflicts were an issue that should be kept in article 25, separate from the issue <strong>of</strong> reservationsin general.5One delegation proposed that the word “reservation” should be replaced with the word “declaration”.

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