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RS 0.515.04 Treaty of 11 February 1971 prohibiting the placing of nuclear weapons and other weapons of mass destruction on the seabed and the oceans as well as in their subsoil

Original Language Title: RS 0.515.04 Traité du 11 février 1971 interdisant de placer des armes nucléaires et d’autres armes de destruction massive sur le fond des mers et des océans ainsi que dans leur sous-sol

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0.515.04

Original text

Treaty prohibiting the placing of nuclear weapons and other weapons of mass destruction on the seabed and the oceans as well as in their subsoil

Conclu in London, Moscow and Washington February 11, 1971
Approved by the Federal Assembly on 26 June 1973 1
Instrument of ratification deposited by Switzerland on 4 May 1976
Entered into force for Switzerland on 4 May 1976

(State on 7 October 2009)

The States Parties to this Treaty,

Recognizing that humanity has a common interest in the advancement of the exploration and use of the seabed and the oceans for peaceful purposes,

Recognizing that the prevention of a nuclear arms race on the seabed and the oceans serves the cause of the maintenance of world peace, mitigates international tensions and strengthens friendly relations among States,

Convinced that this Treaty constitutes a step that will help to exclude from the arms race the bottom of the seas and oceans and their subsoil,

Convinced that this Treaty constitutes a step towards a treaty of general and complete disarmament under strict and effective international control, and resolved to continue the negotiations to that end,

Convinced that this Treaty will serve the purposes and principles of the Charter of the United Nations 2 In a manner consistent with the principles of international law and without prejudice to the freedoms of the high seas,

Have agreed as follows:

Art. I

(1) The States Parties to this Treaty undertake not to install or place on the seabed and in the seabed or in their subsoil, beyond the outer limit of the seabed area defined in Art. II, no nuclear weapon or other type of weapon of mass destruction, nor any construction, launch facility or other installation specifically designed for the storage, testing or use of such weapons.

2. The commitments set out in s. 1 of this Article shall also apply to the seabed area referred to in that paragraph, if only within the seabed area they do not apply either to the riparian State or to the bottom of the seas below its waters Territorial.

3. The States Parties to this Treaty undertake not to assist, encourage or induce any State to engage in the activities mentioned in par. 1 of this article and not to participate in any other way in such acts.

Art. II

For the purposes of this Treaty, the outer limit of the seabed area referred to in Article 1 shall coincide with the outer limit of the twelve-mile zone mentioned in the second part of the Convention on the Territorial Sea and the Area Contiguous, signed at Geneva on April 29, 1958 1 , and shall be measured in accordance with the provisions of Part I, Section II, of the said Convention and in accordance with international law.


Art. III

1. In order to promote the objectives of this Treaty and ensure compliance with its provisions, any State Party to the Treaty shall have the right to verify, by observing them, the activities of other States Parties to the Treaty on the Bottom of the Sea and the Oceans And in their subsoil beyond the zone referred to in Article 1, provided that such observation does not hinder such activities.

(2) If, as a result of this observation, there are reasonable doubts as to the fulfilment of the obligations assumed under the Treaty, the State Party which has these doubts and the State Party which is responsible for the activities giving rise to these doubts shall Consult in order to eliminate doubts. If the State Party persists in its doubts, it shall inform the other States Parties, and the Parties concerned shall cooperate for the purposes of any other verification procedures to be agreed upon, including the appropriate inspection of the Objects, constructs, installations or other arrangements that could reasonably be assumed to have the character described in section 1. Parties in the region of such activities, including any other riparian State, or any other Party upon request, shall be entitled to participate in such consultation and cooperation. After the other verification procedures have been completed, the Party that has initiated these procedures will send the other Parties an appropriate report.

3. If the State responsible for activities giving rise to reasonable doubts cannot be identified by the observation of the object, construction, installation or other development, the State Party which has these doubts shall notify the States Parties located in the region of such activities and any other State Party and shall carry out appropriate investigations with them. If it is established by such investigations that a particular State Party is responsible for such activities, that State Party shall enter into consultation and collaborate with the other Parties as provided for in para. 2 of this article. If the identity of the State responsible for such activities cannot be determined by such investigations, other verification procedures, including inspection, may be undertaken by the investigating State Party, which will seek the participation of the Parties in the region of activities, including any riparian State, or any other Party that wishes to collaborate.

4. If the consultation and collaboration provided for in s. 2 and 3 of this Article shall not eliminate doubts about activities and that the fulfilment of obligations assumed under this Treaty shall be seriously challenged, a State Party may, in accordance with the provisions of the Charter of the United Nations, to refer the matter to the Security Council, which may take measures in accordance with the Charter.

5. Any State Party may carry out the verification provided for in this Article, either by its own means or with the full or partial assistance of any other State Party, or by appropriate international procedures in the context of The United Nations and in accordance with the Charter.

6. The verification activities provided for in this Treaty shall be exercised without any hindrance to the activities of other States Parties and shall take due account of the rights recognized in accordance with international law, including the freedoms of the The high seas and the rights of the riparian states in the exploration and exploitation of their continental shelf.

Art. IV

Nothing in this Treaty shall be construed as constituting support or prejudice to the position of a State Party concerning the international conventions in force, including the 1958 Convention 1 On the territorial sea and the contiguous zone, or affecting the rights or claims which the State Party may assert, or the recognition or non-recognition of the rights or claims of any other State, in respect of the waters off Its coasts, including, inter alia, territorial seas and adjacent areas, or on the seabed and ocean floor, including continental shelves.


Art. V

The Parties to the Treaty undertake to pursue negotiations in good faith on new disarmament measures in order to prevent an arms race on the seabed and the oceans as well as in their subsoil.

Art. VI

Any State Party may propose amendments to this Treaty. These amendments shall enter into force, with respect to any State Party which has accepted them, upon their acceptance by the majority of the States Parties to the Treaty, and thereafter, with respect to each of the other States Parties, on the date on which that State Party Will have accepted.

Art. VII

Five years after the entry into force of this Treaty, a Conference of the Parties to the Treaty will meet in Geneva, Switzerland, to examine the functioning of the Treaty with a view to ensuring that the objectives set out in the preamble and the provisions of the Treaty Are duly observed. In this revision, all relevant technological developments will be taken into account. The Review Conference shall determine, in accordance with the views of the majority of the Parties present at the Conference, whether and when to hold another Review Conference.

Art. VIII

Any State Party to this Treaty, in the exercise of its national sovereignty, shall have the right to withdraw from the Treaty if it considers that extraordinary events relating to the subject matter of the Treaty have compromised the best interests of its country. It shall notify all other States Parties to the Treaty and the Security Council of the United Nations of such withdrawal with three months' notice. The said notification shall contain a statement of extraordinary events which the State in question considers to have compromised its higher interests.

Art. IX

The provisions of this Treaty shall in no way affect the obligations assumed by States Parties to the Treaty under international instruments establishing nuclear-weapon-free zones.

Art. X

This Treaty shall be open for signature by all States. Any State which has not signed the Treaty before it enters into force in accordance with paragraph 1. 3 of this article may accede to it at any time.

2. This Treaty shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, designated by Present as depositary governments.

(3) This Treaty shall enter into force after the deposit of instruments of ratification by twenty-two Governments, including Governments designated as depositary of this Treaty.

(4) In respect of States whose instruments of ratification or accession shall be deposited after its entry into force, this Treaty shall enter into force on the date of the deposit of their instruments of ratification or accession.

Depositary Governments shall promptly inform the Governments of all States which have signed or acceded to this Treaty, of the date of each signature, of the date of deposit of each instrument of ratification or accession, of The date of entry into force of the Treaty and the receipt of all other opinions.

(6) This Treaty shall be registered by the Depositary Governments in accordance with Art. 102 of the United Nations Charter.

Art. XI Scope of application 7 October 2009

This Treaty, of which the English, Russian, French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Certified true copies of this Treaty shall be sent by the Depositary Governments to the Governments of the States which have signed or acceded to the Treaty.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Treaty.

Done in three copies, in London, Moscow and Washington, on February 11 mil nine hundred and one.

(Suivent signatures)

Scope of application 7 October 2009 3

States Parties

Ratification Accession (A) Declaration of

Succession (S)

Entry into force

Afghanistan

22 April

1971

18 May

1972

South Africa

14 November

1973

14 November

1973

Germany * **

18 November

1975

18 November

1975

Antigua and Barbuda

16 November

1988 S

1 Er November

1981

Saudi Arabia

23 June

1972

23 June

1972

Argentina *

21 March

1983

21 March

1983

Australia * *

23 January

1973

23 January

1973

Austria

10 August

1972

10 August

1972

Bahamas

7 June

1989 A

7 June

1989

Belarus

September 14

1971

18 May

1972

Belgium

20 November

1972

20 November

1972

Benin

19 June

1986

19 June

1986

Bosnia and Herzegovina

August 15

1994 S

6 March

1992

Botswana

10 November

1972

10 November

1972

Brazil *

10 May

1988

10 May

1988

Bulgaria

April 16

1971

18 May

1972

Canada *

17 May

1972

18 May

1972

Cape Verde

24 October

1979 A

24 October

1979

China *

28 February

1991 A

28 February

1991

Cyprus

17 November

1971

18 May

1972

Congo (Brazzaville)

23 October

1978 A

23 October

1978

Korea (South)

25 June

1987

25 June

1987

Côte d' Ivoire

14 January

1972 A

18 May

1972

Croatia

12 June

1993 S

8 October

1991

Denmark

15 June

1971

18 May

1972

Spain

July 15

1987 A

July 15

1987

United States **

18 May

1972

18 May

1972

Ethiopia

July 12

1977

July 12

1977

Finland

8 June

1971

18 May

1972

Ghana

August 9

1972

August 9

1972

Greece

28 May

1985

28 May

1985

Guatemala

1 Er April

1996

1 Er April

1996

Guinea-Bissau

August 20

1976 A

August 20

1976

Hungary

13 August

1971

18 May

1972

Solomon Islands

17 June

1981 S

7 July

1978

India *

July 20

1973 A

July 20

1973

Iran

26 August

1971

18 May

1972

Iraq

13 September

1972

13 September

1972

Ireland

19 August

1971

18 May

1972

Iceland

30 May

1972

30 May

1972

Italy

3 September

1974

3 September

1974

Jamaica

July 30

1986

July 30

1986

Japan

21 June

1971

18 May

1972

Jordan

August 17

1971

18 May

1972

Laos

19 October

1971

18 May

1972

Lesotho

3 April

1973

3 April

1973

Latvia

24 June

1992 A

24 June

1992

Libya

July 6

1990 A

July 6

1990

Liechtenstein

30 May

1991 A

30 May

1991

Luxembourg

11 November

1982

11 November

1982

Malaysia

21 June

1972

21 June

1972

Malta

4 May

1971

18 May

1972

Morocco

26 July

1971

18 May

1972

Mauritius

April 23

1971

18 May

1972

Mexico *

23 March

1984 A

23 March

1984

Mongolia

8 October

1971

18 May

1972

Montenegro

9 January

2007 S

3 June

2006

Nepal

July 6

1971

18 May

1972

Nicaragua

7 February

1973

7 February

1973

Niger

August 9

1971

18 May

1972

Norway

28 June

1971

18 May

1972

New Zealand

24 February

1972

18 May

1972

Panama

20 March

1974

20 March

1974

Netherlands

14 January

1976

14 January

1976

Netherlands Antilles

14 January

1976

14 January

1976

Aruba

20 December

1985

1 Er January

1986

Philippines

5 November

1993 A

5 November

1993

Poland

15 November

1971

18 May

1972

Portugal

24 June

1975 A

24 June

1975

Qatar

12 November

1974 A

12 November

1974

Central African Republic

July 9

1981

July 9

1981

Dominican Republic

February 11

1972

18 May

1972

Czech Republic

24 March

1993 S

1 Er January

1993

Romania

10 July

1972

10 July

1972

United Kingdom

18 May

1972

18 May

1972

Territories under the territorial sovereignty of the United Kingdom

18 May

1972 A

18 May

1972

Russia

18 May

1972

18 May

1972

Rwanda

20 May

1975

20 May

1975

Saint Vincent and the Grenadines

13 May

1999 S

27 October

1979

Sao Tome and Principe

August 24

1979 A

August 24

1979

Serbia

25 October

1973

25 October

1973

Seychelles

12 March

1985 A

12 March

1985

Singapore

10 September

1976

10 September

1976

Slovakia

17 May

1993 S

1 Er January

1993

Slovenia

7 April

1992 S

25 June

1991

Sweden

28 April

1972

18 May

1972

Switzerland

4 May

1976

4 May

1976

Swaziland

August 9

1971

18 May

1972

Togo

28 June

1971

18 May

1972

Tunisia

22 October

1971

18 May

1972

Turkey

19 October

1972

19 October

1972

Ukraine

3 September

1971

18 May

1972

Vietnam

20 June

1980 A

20 June

1980

Yemen

1 Er June

1979

1 Er June

1979

Zambia

9 October

1972 A

9 October

1972

*

Reservations and declarations.

**

Objections.

Reservations, declarations and objections are not published in the RO. The original texts can be found at: www.untreaty.un.org/ or obtained at DDIP/DFAE, International Treaty Section, 3003 Berne.


RO 1976 1431; FF 1973 I 290


1 RO 1976 1429
2 RS 0.120
3 A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status on 7 October 2009