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Article 5
Declarations, notifications and communications
l. The instrument of formal confirmation or of accession of an
international organization shall contain a declaration specifying the matters
governed by this Convention in respect of which competence has been
transferred to the organization by its member States which are Parties to this
Convention.
2. A member State of an international organization shall, at the time it
ratifies or accedes to this Convention or at the time when the organization
deposits its instrument of formal confirmation or of accession, whichever is
later, make a declaration specifying the matters governed by this Convention
in respect of which it has transferred competence to the organization.
3. States Parties which are member States of an international
organization which is a Party to this Convention shall be presumed to have
competence over all matters governed by this Convention in respect of which
transfers of competence to the organization have not been specifically
declared, notified or communicated by those States under this article.
4. The international organization and its member States which are
States Parties shall promptly notify the depositary of this Convention of any
changes to the distribution of competence, including new transfers of
competence, specified in the declarations under paragraphs 1 and 2.
5. Any State Party may request an international organization and its
member States which are States Parties to provide information as to which,
as between the organization and its member States, has competence in respect
of any specific question which has arisen. The organization and the member
States concerned shall provide this information within a reasonable time. The
international organization and the member States may also, on their own
initiative, provide this information.
6. Declarations, notifications and communications of information under
this article shall specify the nature and extent of the competence transferred.
Article 6
Responsibility and liability
l. Parties which have competence under article 5 of this Annex shall
have responsibility for failure to comply with obligations or for any other
violation of this Convention.
2. Any State Party may request an international organization or its
member States which are States Parties for information as to who has
responsibility in respect of any specific matter. The organization and the
member States concerned shall provide this information. Failure to provide
this information within a reasonable time or the provision of contradictory
information shall result in joint and several liability.
Article 7
Settlement of disputes
l. At the time of deposit of its instrument of formal confirmation or of
accession, or at any time thereafter, an international organization shall be free
to choose, by means of a written declaration, one or more of the means for the
settlement of disputes concerning the interpretation or application of this
Convention, referred to in article 287, paragraph 1(a), (c) or (d).
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