DRAFT PROTOCOL ON DISPUTE SETTLEMENT TO THE TREATY GOVERNING THE ACTIVITIES OF STATES ON THE CELESTIAL BODIES OF THE SOLAR SYSTEM
(Dispute Settlement Protocol to the Solar System Treaty)
(Dispute Settlement Protocol to the Solar System Treaty)
OPSA-2014-04
2014
PART 2
CONCILIATION
SECTION 1
CONCILIATION PROCEDURE PURSUANT TO SECTION 1 OF PART 1
ARTICLE 19
INSTITUTION OF PROCEEDINGS
If the parties to a dispute have agreed, in accordance with Article 6 of this Protocol, to submit it to conciliation under this section, any such party may institute the proceedings by written notification addressed to the other party or parties to the dispute.
ARTICLE 20
LIST OF CONCILIATORS
A list of conciliators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four conciliators, each of whom shall be a person enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list. If at any time the conciliators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make further nominations as necessary. The name of a conciliator shall remain on the list until withdrawn by the State Party which made the nomination, provided that such conciliator shall continue to serve on any conciliation commission to which that conciliator has been appointed until the completion of the proceedings before that commission.
ARTICLE 21
CONSTITUTION OF CONCILIATION COMMISSION
The conciliation commission shall, unless the parties otherwise agree, be constituted as follows:
(a) Subject to subparagraph (g), the conciliation commission shall consist of five members.
(b) The party instituting the proceedings shall appoint two conciliators to be chosen preferably from the list referred to in Article 20 of this Protocol, one of whom may be its national, unless the parties otherwise agree. Such appointments shall be included in the notification referred to in Article 19 of this Protocol.
(c) The other party to the dispute shall appoint two conciliators in the manner set forth in subparagraph (b) within 21 days of receipt of the notification referred to in Article 20 of this Protocol. If the appointments are not made within that period, the party instituting the proceedings may, within one week of the expiration of that period, either terminate the proceedings by notification addressed to the other party or request the Secretary-General of the United Nations to make the appointments in accordance with subparagraph (e).
(d) Within 30 days after all four conciliators have been appointed, they shall appoint a fifth conciliator chosen from the list referred to in Article 20 of this Protocol, who shall be chairman. If the appointment is not made within that period, either party may, within one week of the expiration of that period, request the Secretary-General of the United Nations to make the appointment in accordance with subparagraph (e).
(e) Within 30 days of the receipt of a request under subparagraph (c) or (d), the Secretary-General of the United Nations shall make the necessary appointments from the list referred to in Article 20 of this Protocol in consultation with the parties to the dispute.
(f) Any vacancy shall be filled in the manner prescribed for the initial appointment.
(g) Two or more parties which determine by agreement that they are in the same interest shall appoint two conciliators jointly. Where two or more parties have separate interests or there is a disagreement as to whether they are of the same interest, they shall appoint conciliators separately.
(h) In disputes involving more than two parties having separate interests, or where there is disagreement as to whether they are of the same interest, the parties shall apply subparagraphs (a) to (f) in so far as possible.
ARTICLE 22
PROCEDURE
The conciliation commission shall, unless the parties otherwise agree, determine its own procedure. The commission may, with the consent of the parties to the dispute, invite any State Party to submit to it its views orally or in writing. Decisions of the commission regarding procedural matters, the report and recommendations shall be made by a majority vote of its members.
ARTICLE 23
AMICABLE SETTLEMENT
The commission may draw the attention of the parties to any measures which might facilitate an amicable settlement of the dispute.
ARTICLE 24
FUNCTIONS OF THE COMMISSION
The commission shall hear the parties, examine their claims and objections, and make proposals to the parties with a view to reaching an amicable settlement.
ARTICLE 25
REPORT
1. The commission shall report within 12 months of its constitution. Its report shall record any agreements reached and, failing agreement, its conclusions on all questions of fact or law relevant to the matter in dispute and such recommendations as the commission may deem appropriate for an amicable settlement. The report shall be deposited with the Secretary-General of the United Nations and shall immediately be transmitted by him to the parties to the dispute.
2. The report of the commission, including its conclusions or recommendations, shall not be binding upon the parties.
ARTICLE 26
TERMINATION
The conciliation proceedings are terminated when a settlement has been reached, when the parties have accepted or one party has rejected the recommendations of the report by written notification addressed to the Secretary-General of the United Nations, or when a period of three months has expired from the date of transmission of the report to the parties.
ARTICLE 27
FEES AND EXPENSES
The fees and expenses of the commission shall be borne by the parties to the dispute.
ARTICLE 28
RIGHT OF PARTIES TO MODIFY PROCEDURE
The parties to the dispute may by agreement applicable solely to that dispute modify any provision of this Part.
SECTION 2
COMPULSORY SUBMISSION TO CONCILIATION PROCEDURE PURSUANT TO SECTION 3 OF PART 1
ARTICLE 29
INSTITUTION OF PROCEEDINGS
1. Any party to a dispute which, in accordance with Part 1, section 3 of this Protocol, may be submitted to conciliation under this section, may institute the proceedings by written notification addressed to the other party or parties to the dispute.
2. Any party to the dispute, notified under paragraph 1, shall be obliged to submit to such proceedings.
ARTICLE 30
FAILURE TO REPLY OR TO SUBMIT TO CONCILIATION
The failure of a party or parties to the dispute to reply to notification of institution of proceedings or to submit to such proceedings shall not constitute a bar to the proceedings.
ARTICLE 31
COMPETENCE
A disagreement as to whether a conciliation commission acting under this section has competence shall be decided by the commission.
ARTICLE 32
APPLICATION OF SECTION 1
Articles 20 to 28 of section l of this Part apply subject to this section.
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