195
2. Part XV applies mutatis mutandis to any dispute between Parties to
this Convention, one or more of which are international organizations.
3. When an international organization and one or more of its member
States are joint parties to a dispute, or parties in the same interest, the
organization shall be deemed to have accepted the same procedures for the
settlement of disputes as the member States; when, however, a member State
has chosen only the International Court of Justice under article 287, the
organization and the member State concerned shall be deemed to have
accepted arbitration in accordance with Annex VII, unless the parties to the
dispute otherwise agree.
Article 8
Applicability of Part XVII
Part XVII applies mutatis mutandis to an international organization,
except in respect of the following:
(a) the instrument of formal confirmation or of accession of an
international organization shall not be taken into account in the
application of article 308, paragraph l;
(b) (i) an international organization shall have exclusive capacity with
respect to the application of articles 312 to 315, to the extent
that it has competence under article 5 of this Annex over the
entire subject-matter of the amendment;
(ii) the instrument of formal confirmation or of accession of an
international organization to an amendment, the entire
subject-matter over which the international organization has
competence under article 5 of this Annex, shall be considered
to be the instrument of ratification or accession of each of the
member States which are States Parties, for the purposes of
applying article 316, paragraphs 1, 2 and 3;
(iii) the instrument of formal confirmation or of accession of the
international organization shall not be taken into account in the
application of article 316, paragraphs 1 and 2, with regard to all
other amendments;
(c) (i) an international organization may not denounce this Convention
in accordance with article 317 if any of its member States is a
State Party and if it continues to fulfil the qualifications
specified in article 1 of this Annex;
(ii) an international organization shall denounce this Convention
when none of its member States is a State Party or if the
international organization no longer fulfils the qualifications
specified in article 1 of this Annex. Such denunciation shall
take effect immediately.
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