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RS 0.784.402 International Convention of 23 September 1936 concerning the use of broadcasting in the interest of peace

Original Language Title: RS 0.784.402 Convention internationale du 23 septembre 1936 concernant l’emploi de la radiodiffusion dans l’intérêt de la paix

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0.784.402

Original text 1

International Convention on the Use of Broadcasting in the Interest of Peace

Cited in Geneva on 23 September 1936
Approved by the Federal Assembly on 16 December 1938 2
Instrument of ratification deposited by Switzerland on 30 December 1938
Entry into force for Switzerland on 28 February 1939

(Status on 7 March 2006)

Albania, the Republic of Argentina, Austria, Belgium and the United States Brazil, the United Kingdom of Great Britain and Northern Ireland, Chile, Colombia, Denmark, Dominican Republic, Egypt, Spain, Estonia, France, Greece, India, Lithuania, Luxembourg, states - United States of Mexico, Norway, New Zealand, the Netherlands, Romania, Switzerland, the Czech Republic O Czechoslovakia, Turkey, the Union of Soviet Socialist Republics and Uruguay,

Having recognized the need to avoid, by mutually agreed rules, that broadcasting should not be used in a manner contrary to the good international agreement;

Animated, on the other hand, the desire to use, through the application of the same rules, the possibilities offered by this mode of transmission of thought for a better mutual understanding of peoples;

Have decided to conclude, for this purpose, a convention and have appointed for their Plenipotentiaries:

(follow the names of plenipotentiaries)

Which, after having communicated their full powers, found in good and due form, have agreed the following provisions:

Art. 1

The High Contracting Parties shall mutually agree to prohibit and, where appropriate, terminate without delay in their respective territories any broadcast which, to the detriment of the good international agreement, would be such as to encourage Inhabitants of any territory to acts contrary to the internal order or to the security of a territory of a High Contracting Party.

Art. 2

The High Contracting Parties undertake each other to ensure that the programmes broadcast by the posts in their respective territories do not constitute incitement to war against another High Contracting Party nor encourage them to Acts likely to lead to it.

Art. 3

The High Contracting Parties shall mutually agree to prohibit and, where appropriate, to terminate without delay in their respective territories any broadcast which may be detrimental to the good international agreement by allegations of which The inaccuracy would be or should be known to those responsible for dissemination.

They also commit each other to ensure that any program that is likely to harm the international agreement by inaccurate claims is corrected as soon as possible by the most effective means, even if the inaccuracy Appeared only after the broadcast.

Art. 4

The High Contracting Parties undertake to ensure, in particular in times of crisis, that the posts in their respective territories broadcast on international relations information the accuracy of which has been verified by the Persons responsible for the dissemination of this information and this by all means in their power.

Art. 5

Each of the High Contracting Parties undertakes to make available to the other High Contracting Parties requesting the information which, in its opinion, would facilitate the dissemination by the various departments of Broadcasting, broadcasts aimed at raising awareness of its own civilization and its special conditions, as well as the essential features of the development of its relations with other peoples and its contribution to the work Organization of peace.

Art. 6

With a view to ensuring full effect on the obligations arising from the foregoing Articles, the High Contracting Parties undertake to establish, to the use of broadcasting services placed under the direct dependence of the Government, and to make Apply appropriate instructions and regulations through these services.

For the same purpose, the High Contracting Parties undertake each other to include, for the use of self-management broadcasting undertakings, either in the charter of a national institute or in the conditions imposed on them A dealer, in the regulations applicable to other private holdings, of appropriate clauses, and to take the necessary measures to ensure its application.

Art. 7

If there is any dispute between the High Contracting Parties concerning the interpretation or application of this Convention, and if the dispute has not been satisfactorily resolved by diplomatic means, it shall be settled In accordance with the provisions in force between the Parties concerning the settlement of international disputes.

In the event that such provisions do not exist between the parties to the dispute, they will submit it to arbitral or judicial proceedings. In the absence of an agreement on the choice of another court, they shall submit the dispute, at the request of one of them, to the Permanent Court of International Justice if they are all parties to the Protocol of 16 December 1920 on the status of Said Court 1 , and, if not all parties to it, to an arbitration tribunal established in accordance with the Hague Convention of 18 October 1907 for the peaceful settlement of international conflicts 2 .

Before resorting to the procedures referred to in paras. 1 and 2 above, the High Contracting Parties may, by mutual agreement, appeal to the good offices of the International Commission for Intellectual Cooperation, to whom it would be a matter for the establishment of a special committee.


1 The Permanent Court of International Justice was dissolved by resolution of the Assembly of the League of Nations of 18 April 1946 (FF 1946 II 1186) and replaced by the International Court of Justice [RO 1948 1035].
2 See RS 0.193.212

Art. 8

This Convention, of which the French and English texts will also be authentic, shall bear the date of this day and shall be, until 1 Er May 1937, open for signature on behalf of any Member of the League of Nations, or any non-member State represented at the Conference which has prepared this Convention, or any non-member State to which the Council of the League of Nations shall have A copy of this Agreement to that effect.

Art.

This Convention shall be ratified. The notifications of ratification shall be transmitted to the Secretary-General of the League of Nations. This shall be notified to all Members of the Society, as well as to the non-member States referred to in the preceding Article.

Art. 10

From 1 Er May 1937, any Member of the League of Nations and any non-member State referred to in Art. 8 may accede to this Convention.

The notifications of accession shall be transmitted to the Secretary-General of the League of Nations 1 This shall be notified to all Members of the Society, as well as to all non-member States referred to in that Article.


1 After the dissolution of the League of Nations, the General Secretariat of the United Nations was responsible for the functions mentioned here. Cf. FF 1946 II 1181 1187 et sev.

Art. 11

This Agreement shall be registered by the Secretary-General of the League of Nations 1 Pursuant to the provisions of s. 18 of the Covenant, sixty days after receipt by it of the sixth ratification or accession.

The Convention will enter into force on the day of that registration.


1 See note to art. 10, para. 2

Art. 12

Each ratification or accession following the entry into force of the Convention shall have effect sixty days after its receipt by the Secretary-General of the League of Nations 1 .


1 See note to art. 10, para. 2

Art. 13

This Convention may be denounced by a notification addressed to the Secretary-General of the League of Nations 1 This notification will take effect one year after its receipt.

The Secretary-General shall notify all Members of the Society and non-member States referred to in Art. 8 the denunciations thus received.

This Convention shall cease to have effect if, as a result of denunciations, the number of High Contracting Parties becomes less than six.


1 See note to art. 10, para. 2

Art. 14

Any High Contracting Party may, at the time of signature, ratification, accession, or thereafter, in a written act addressed to the Secretary-General of the League of Nations 1 , declare that this Agreement shall apply to all or any part of its colonies, protectorates, Overseas Territories or Territories under its suzerainty or mandate. This Agreement shall apply to the territory or territories listed in the declaration sixty days after its receipt. In the absence of such a declaration, the Convention shall not apply to any of those dens.

Any High Contracting Party may subsequently, at any time, by notification to the Secretary-General of the League of Nations 2 , declare that this Agreement shall cease to apply to all or any part of its colonies, protectorates, Overseas Territories or Territories under its suzerainty or mandate. The Convention shall cease to apply to the territory or territories designated in the notification one year after its receipt.

The Secretary-General shall communicate to all Members of the Society, as well as to non-member States referred to in Art. 8, all returns received under this section.


1 See note to art. 10, para. 2
2 See note to art. 10, para. 2

Art. 15 Scope of application 5 October 2005 Reservations and declarations

The application for revision of this Convention may be submitted at any time by a High Contracting Party in the form of a notification to the Secretary-General of the League of Nations 1 This notification will be communicated by the Secretary-General of the League of Nations 2 To the other High Contracting Parties. If at least one third of them associate themselves with that request, the High Contracting Parties agree to meet to review the Convention.

In this case, it will be for the Secretary-General to propose to the Council or the Assembly of the League of Nations the convening of a conference of revision.

Done at Geneva, on twenty-three September thousand nine hundred and thirty-six, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations 3 A certified copy shall be given to all Members of the League of Nations and to non-member States referred to in Art. 8.

(Suivent signatures)


1 See note to art. 10, para. 2
2 See note to art. 10, para. 2
3 See note to art. 10, para. 2

Scope of application 5 October 2005

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Afghanistan *

February 8

1985 A

April 9

1985

South Africa

1 Er February

1938 A

2 April

1938

South West Africa

1 Er February

1938 A

2 April

1938

Brazil

February 11

1938

12 April

1938

Bulgaria *

17 May

1972 A

July 16

1972

Cameroon

19 June

1967 S

1 Er January

1960

Chile

20 February

1940

20 April

1940

Denmark

11 October

1937

2 April

1938

Egypt

July 29

1938

27 September

1938

El Salvador

August 18

1938 A

17 October

1938

Finland

29 November

1938 A

28 January

1939

Guatemala

18 November

1938 A

17 January

1939

Hungary *

September 20

1984 A

19 November

1984

India

August 11

1937

2 April

1938

Ireland

25 May

1938 A

24 July

1938

Laos

23 March

1966 A

22 May

1966

Liberia

16 September

2005 A

15 November

2005

Luxembourg

February 8

1938

April 8

1938

Malta

1 Er August

1966 S

21 September

1964

Mauritius

18 July

1969 S

12 March

1968

Mongolia *

10 July

1985 A

8 September

1985

Norway

5 May

1938

4 July

1938

New Zealand

27 January

1938

2 April

1938

Russia *

3 February

1983

April 4

1983

Holy See

5 January

1967 A

6 March

1967

Sweden

22 June

1938 A

August 21

1938

Switzerland

December 30

1938

28 February

1939

Zimbabwe

1 Er December

1998 S

18 April

1980

*
Reservations and declarations, see below.

Reservations and declarations

Afghanistan

The Democratic Republic of Afghanistan does not consider itself bound by the provisions of Art. 7 of the Convention, because under this Article, where a dispute arises between two or more High Contracting Parties in respect of the interpretation or application of the Convention, the dispute may be submitted for judgment to the International Permanent Court of Justice on the request of only one of the parties concerned.

Bulgaria

The People's Republic of Bulgaria will not consider itself bound by the provisions of Art. 7 of the Convention, in the part of this article providing for the examination of disputes between the Parties by the International Court of Justice, at the request of one of the Parties. Any decision of the International Court pronounced on a dispute between the People's Republic of Bulgaria and another Party to the Convention on the basis of an application submitted to the Court without the consent of the People's Republic of Bulgaria Will be considered invalid.

2. The People's Republic of Bulgaria shall apply the principles of the Convention in relation to all States Parties to the Convention on the basis of reciprocity. However, the Convention will not be interpreted as creating formal commitments between countries without diplomatic relations.

Hungary

The People's Republic of Hungary considers that it is not bound by the provisions of Art. 7 of the Convention, under which, if it rises between the Contracting Parties any dispute relating to the interpretation or application of the Convention, and if the dispute has not been satisfactorily resolved by means of Parties shall submit, at the request of one of the Parties, to arbitral or judicial proceedings, and it declares that the submission of such a dispute to an arbitral or judicial proceeding requires the consent of each Party Concerned.

Mongolia

The Mongolian People's Republic declares that it reserves the right to take all necessary measures to protect its interests both in the event of non-compliance with the provisions of the Convention by other States and in the case of other acts Affecting the interests of the Mongolian People's Republic.

Russia

1. Russia does not consider itself bound by the provisions of Art. 7 of the Convention, which provides that disputes which may arise in respect of the interpretation or application of the Convention and which could not have been resolved by diplomatic means shall be subject to the request of one of the parties to a Arbitration procedure, and declares that, in order for such a dispute to be subject to arbitral or judicial proceedings, the agreement of all the disputing parties is indispensable in each particular case.

2. Russia declares that it reserves the right to take all necessary measures to protect its interests both in the event of non-compliance with the provisions of the Convention by other States and in the case of other acts affecting the Russian interests.


RS 13 731


1 The English text is equally authentic.
2 AF 16 Dec. 1938 (RO 55 152)


State 11. July 2006