Summary.
The bill approves in full the Convention on the International Hydrographic Organization, done at Mónaco on May 3, 1967, and amended by the Protocol dated April 14, 2005. The instrument places the seat of the International Hydrographic Organization (Organización Hidrográfica Internacional) in Mónaco and gives it a consultative and technical character. Its purposes include promoting hydrography for navigational safety and other maritime activities, expanding access to hydrographic data and services, developing capacity and international standards, advising states and international organizations, and coordinating regional cooperation. The preamble identifies it as a competent organization within the framework of the United Nations Convention on the Law of the Sea (Convenio de las Naciones Unidas sobre el Derecho del Mar).
The governments party to the convention are members of the organization. Its structure comprises the Assembly (Asamblea), Council, Finance Commission (Comisión de Finanzas), Secretariat and subsidiary bodies. The Assembly brings together all member states and exercises the principal powers: it sets the strategy and work program, elects officers, establishes subsidiary bodies, reviews reports and proposals, approves accounts and the three-year budget, and decides on operational services. It meets in ordinary session every three years and may hold extraordinary sessions under the convention. The Council's composition reflects regional representation and hydrographic interests; it meets at least once a year, coordinates activities between Assembly sessions, reviews accounts and prepares proposals for the Assembly. Member states outside the Council may attend its meetings without voting rights.
The Finance Commission is open to all member states, with one vote for each state, and reviews accounts, budget estimates and administrative reports. The Secretariat comprises the Secretary-General, directors and staff. The Secretary-General heads the administration, maintains records, distributes documents, submits annual financial statements and three-year budget estimates, and informs members. The convention requires staff to act independently and states to respect that independence. It governs voting when consensus cannot be reached, including votes weighted by fleet tonnage for elections to senior offices and the majorities applicable to finances, the work program and decisions by correspondence.
The instrument allows cooperation with other international organizations. It assigns detailed operating rules to the annexed General and Financial Regulations while giving the convention precedence; makes French and English the official languages; and recognizes legal personality, privileges and immunities subject to the agreement of the member state concerned. Expenses are funded through annual contributions calculated by fleet tonnage and other resources approved by the Assembly. A government two years in arrears on its contributions loses voting rights and benefits until it pays the outstanding amounts.
The Government of the Principality of Monaco (Gobierno del Principado de Mónaco) serves as depositary and communicates signatures, accessions, ratifications, amendments and denunciations. Disputes unresolved through negotiation or the Secretary-General's good offices are referred to an arbitrator appointed by the President of the International Court of Justice (Corte Internacional de Justicia). The convention includes its historical provisions on signature and entry into force, including acts performed through the Legation of the Principality of Monaco (Legación del Principado de Mónaco) in París. It allows accession by members of the United Nations (Naciones Unidas) and, with approval by two-thirds of the member states, by other states; it also sets procedures for amendment and denunciation after the prescribed period. It provides for registration of amendments with the Secretariat of the United Nations Organization (Secretaría de la Organización de las Naciones Unidas) and of the convention with the United Nations Secretariat (Secretaría de las Naciones Unidas). Article 2 makes promulgation the starting point for the approving law's operation.
Through its subject matter, the proposal concerns public authorities responsible for hydrography and maritime affairs, the International Hydrographic Organization and the Government of the Principality of Monaco. It could interest hydrographic services, maritime transport, and those who produce or use nautical charts, data and documents.
What it proposes.
- Approval of the international hydrographic convention.
- Organization and functions of hydrographic cooperation.
- Financing, accession, amendment and denunciation of the convention.
Who it would affect.
- Governments party to the convention and member states of the organization.
- The organization's bodies and staff.
- States seeking to accede to the convention.
Key points.
- Approves the amended convention in full and locates the seat of the International Hydrographic Organization in Mónaco.Art. 1
- Defines the organization's technical and consultative purposes and its structure of Assembly, Council, Finance Commission, Secretariat and subsidiary bodies.Art. 1
- Allocates management, coordination, budget and administrative functions among the Assembly, Council, Finance Commission and Secretariat.Art. 1
- Sets voting rules, majorities and procedures for decisions by correspondence among member states.Art. 1
- Funds the organization through fleet-tonnage-based contributions and other approved resources, and suspends rights for contribution arrears.Art. 1
- Governs depositary functions, arbitration of disputes, state accession, amendments and denunciation.Art. 1
- Provides that the approving law takes effect upon promulgation.Art. 2