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Decree No. 2003-472 Of 26 May 2003 On The Publication Of The Protocol Under The Convention On The Protection Of The Alps (Alpine Convention) On The Settlement Of Disputes, Signed In Lucerne On October 31, 2000

Original Language Title: Décret n° 2003-472 du 26 mai 2003 portant publication du protocole dans le cadre de la convention sur la protection des Alpes (convention alpine) sur le règlement des différends, signé à Lucerne le 31 octobre 2000

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Summary


Application of sections 52 At 55 de la Constitution.Signed in Salzburg by seven other Alpine states (Germany, Austria, Italy, Liechtenstein, Monaco, Slovenia and Switzerland) and the European Union on 7 November 1991, the Convention on the Protection of the Alps is a framework convention intended to guide the action of the Parties, in order to prevent a state of the Alps from basing the economic development of this region, on a policy of 'less ecological', dangerous for a Natural heritage already under threat. France ratified the Convention in 1995.In order to implement it, the Parties signed eight sectoral protocols between 1994 and 2000 (mountain agriculture, spatial planning and sustainable development, energy, mountain forests, etc.). Protection of the nature and maintenance of landscapes, soil protection, transport) and a protocol on the settlement of disputes. For its part, the European Union has signed only three (land use and sustainable development, energy, nature conservation and landscape maintenance).The eight sectoral protocols, which are structured in a uniform manner, have three components: - general provisions (Chapter I) which cover a number of principles to guide the action of the Parties, such as cooperation between Parties, the coordination of the various sectoral policies covered by the various protocols, and the association of the local authorities concerned with the measures implementing the protocols; - specific provisions (Chapter II), Involving a wide range of instruments that can be used : Diagnostic tools (unsold; environmental impact studies; observation devices), and planning; regulatory measures and financial instruments of an incentive nature (possibility of creating an Alpine competition for Reward innovative tourism products in line with the objectives of the Tourism Protocol) or compensatory (where the State imposes obligations beyond those existing in the Protocol on the Preservation of Mountain Forest, or That, in the general interest, it requires farmers, related contributions The maintenance of landscapes or the prevention of natural hazards); finally, means of ex post control (such as the state of reduction of nuisance in the Transport Protocol); - common provisions, which concern, on the one hand, Incentives for research, training and public information (Chapter I and on the other hand, a mechanism for monitoring compliance with obligations (Chapter IV) and the arrangements for the signature and entry into force of the protocols (Chapter V). With regard to the Protocol on the Settlement of Disputes concerning Interpretation or The application of the Alpine Convention or of one of those protocols, it first provides for a conciliation mechanism and in the event of failure, a traditional mechanism of arbitration. The application of these nine protocols does not require any change in national law Faced with Germanic partners giving priority to the protection of the Alpine massif, France has arrived to obtain texts representing a fair balance between legitimate environmental concerns and the imperatives of Regional economic development. Entry into force on 15 February 2003.

Keywords

FOREIGN AFFAIRS, INTERNATIONAL AGREEMENT, MULTILATERAL AGREEMENT , INTERNATIONAL CONVENTION, PROTOCOL, ALPINE CONVENTION, PROTECTION OF THE ALPS, CROSS-BORDER COOPERATION , SETTLEMENT OF DISPUTES, CONSULTATION, ARBITRATION PROCEDURE, ARBITRAL TRIBUNAL, COMPOSITION , COMPETENCE, SENTENCE



JORF No. 127 of June 3, 2003 page 9439
text number 5



Decree n ° 2003-472 of 26 May 2003 on the publication of the Protocol in the framework of the Convention on the Protection of the Alps (Alpine Convention) Dispute resolution, signed in Lucerne on October 31, 2000 (1)

NOR: MAEJ0330033D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/5/26/MAEJ0330033D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/5/26/2003-472/jo/texte


President of the Republic,
On the Report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In light of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of commitments France;
view of Decree No. 96-437 of 20 May 1996 on the publication of the Convention on the Protection of the Alps (Alpine Convention), signed in Salzburg on 7 November 1991,

Article 1


Protocol under the Alpine Convention on the protection of the Alps (Alpine Convention) Dispute resolution, signed in Lucerne on 31 October 2000, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs are responsible for each For the purposes of this Decree, which shall be published in the Official Journal of the French Republic.

Annex


P R O T O C O L E


IN THE CONVENTION ON THE PROTECTION OF ALPES (ALPINE CONVENTION) ON DISPUTE SETTLEMENTS


PREAMBLE


The Federal Republic of Germany,
The Republic of Austria,
La République française,
La Italian Republic,
The Principality of Liechtenstein,
The Principality of Monaco,
The Republic of Slovenia,
The Swiss Confederation,
and
The European Community,
Contracting Parties to the Convention on the Protection of the Alps (Alpine Convention) concerned with the development of an effective procedure for consultation and dispute settlement within the framework of the Alpine Convention and its protocols,
agreed as follows:


Article 1
In the event of a dispute between the Contracting Parties concerning the interpretation or application of the Alpine Convention or any of its Protocols, the Contracting Parties shall, as a matter of priority, endeavour to Find a regulation by way of consultation Article 2


If a dispute is not settled within six months of the written request of one of the Contracting Parties concerned to initiate consultations, a Party shall May, by written notification addressed to the other Party and communicated to the Presidency of the Alpine Conference, initiate an arbitration procedure for the purpose of settling the dispute, in accordance with the provisions below. The Presidency shall without delay inform all Contracting Parties.


Article 3


For the implementation of an arbitration procedure within the meaning of Article 2, a arbitral tribunal composed of three Members shall be as follows:
(a) Each Party to the dispute shall appoint a member of the arbitral tribunal. If, within 60 days of the receipt by the Chair of the notification referred to in Article 2, one of the Parties to the dispute has not appointed a member, the appointment shall, at the request of the other Party to the dispute, be made by the Secretary-General The Permanent Court of Arbitration of The Hague within a new period of 30 days;
(b) The chairman of the arbitral tribunal shall be appointed by common accord of the two members appointed in accordance with the procedure referred to above. If no agreement is reached within 120 days of the notification to the Presidency referred to in Article 2, the appointment shall be made, at the request of one of the Parties to the dispute, by the Secretary-General of the Permanent Court of Arbitration at The Hague Within a new period of 30 days;
(c) The objection of a member of the arbitral tribunal shall be possible only by mutual agreement between the parties to the dispute;
d) In the case of a vacancy, the procedure for the initial appointment shall be Applies.


Article 4


1. Any Contracting Party shall be entitled to inform the arbitral tribunal of its opinion on the dispute.
2. Where a Contracting Party considers that, in a dispute, a legal interest is in dispute, it may make a request to the arbitral tribunal at the end of the intervention.


Article 5


Unless the Parties to the dispute otherwise decide, the arbitral tribunal shall establish its own rules of procedure.


Article 6


The Parties to the dispute shall refrain from any action that The award of the arbitral tribunal or prejudge it. The arbitral tribunal may, at the request of a Party to the dispute, provisionally adopt a provisional measure of the law of each Party to the dispute.


Article 7


Except where the Parties to the The arbitral tribunal shall determine the official language (s) of the Alpine Convention to be used for the procedure.


Article 8


1. The Parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, use all means at their disposal to:
a) Provide the court with all relevant documents and information, and
b) Allow the court, if necessary, to subpoena witnesses or experts and record their testimony.
2. All documents and information Submitted to the arbitral tribunal by a party to the dispute shall be simultaneously communicated by it to the other Party to the dispute.


Article 9


The arbitral tribunal shall pronounce its award In accordance with international law and the provisions of the Alpine Convention and Protocols.


Article 10


The fact that one of the Parties to the dispute has not presented itself or has refrained from asserting its case is not an obstacle to the proceedings. Before making its final award, the arbitral tribunal must ensure that the application is valid in fact and in law.


Article 11


The arbitral tribunal shall pronounce its final award on the Later than 6 months from the date on which it was created in its entirety, unless it considers it necessary to extend this period for a period that should not exceed 6 months.


Article 12


The arbitral tribunal decides, both on procedural matters and On matters of substance, to the majority of its members. The award of the court shall be final and binding on the Parties to the dispute. The arbitral tribunal must set out the grounds on which the award is based. The parties to the dispute shall apply the award without delay.


Article 13


Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the Court, including the remuneration of its members, shall be borne equally by the Parties to the dispute.


Article 14


The Chairman of the arbitral tribunal shall communicate the arbitral award to the Parties to the dispute and the Chair of the Alpine Conference. The Presidency shall transmit it to the Contracting Parties of the Alpine Convention and to the observers, within the meaning of Article 5, paragraph 5, of the Alpine Convention.


Article 15


1. The denunciation of this Protocol shall be permitted only simultaneously with the denunciation of the Alpine Convention.
2. However, this Protocol shall continue to apply to the Party to the dispute who is the author of the denunciation for the On the effective date of the denunciation. These procedures continue to the end.


Article 16


1. This Protocol shall be open for signature by the Contracting Parties to the Alpine Convention on 31 October 2000 and to the Republic of Austria, depositary, from 6 November 2000,
2. This Protocol shall enter into force for the Contracting Parties which have expressed their consent to be bound by the said Protocol three months after the date on which three States have deposited their instruments of ratification, acceptance or
. For Contracting Parties which subsequently express their consent to be bound by the Protocol, the Protocol shall enter into force three months after the date of deposit of the instrument of ratification, acceptance or approval. After the entry into force of an amendment to the Protocol, any new Contracting Party to the Protocol shall become a Contracting Party to the Protocol as amended.


Article 17


The depositary shall notify Any State referred to in the preamble and to the European Community in respect of this Protocol:
(a) Any signature;
(b) The deposit of any instrument of ratification, acceptance or approval;
(c) Any date of entry into force;
(d) Any declaration made by a Contracting Party or a signatory;
e) All Denunciation notified by a Contracting Party, including its effective date.
In witness whereof, the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Lucerne on 31 October 2000, in French, German, Italian, The four texts being equally authentic, in a single copy, which shall be deposited in the State archives of the Republic of Austria. The Depositary shall transmit certified copies to all Signatory Parties.
For the Federal Republic of Germany,
For the Republic of Austria,
For the French Republic,
For the Italian Republic,
For the Principality of Liechtenstein,
For the Principality of Monaco,
For the Republic of Slovenia,
For the Swiss Confederation,
For the European Community.


Done at Paris, 26 May 2003.


Jacques Chirac


By President of the Republic:


Prime Minister,

Jean-Pierre Raffarin

Foreign Minister,

Dominique de Villepin


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