CONVENZIONE AJA 1954 PDF

This Convention does not affect the Hague Convention of 1 March on civil procedure, the Hague Convention of 15 November on the Service Abroad. Statute of the Hague Conference on Private International Law · Convention of 1 March on civil procedure · Convention of 15 June on the law. (In the relations between the Contracting States, this Convention replaces Articles 8 to 16 of the Conventions on civil procedure of and ).

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convehzione The meeting may further undertake a revision of the Convention or the Regulations for its execution if the majority of the High Contracting Parties are represented, and in accordance with the provisions of Article Article 5 – Safeguarding of cultural property.

Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of this Protocol.

HCCH | #29 – Full text

This Protocol shall enter into force three months after twenty instruments of ratification, acceptance, approval or accession have been deposited.

No provision in this Protocol relating to individual criminal responsibility conbenzione affect the responsibility of States under international law, including the duty to provide reparation.

With the goal of ensuring respect for cultural property in accordance with Article 4 of the Convention: Article 1 shall apply to legal advice provided the person seeking advice is present in the State where advice is sought. However, as regards simplified, more expeditious procedures referred to in paragraph 1 bthey must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.

A Contracting State may, by declaration, specify the language or languages other than those referred to in the preceding paragraphs, in which a Letter may be sent to its Central Authority. Outline of the Convention. If a High Contracting Party considers that the safety of certain cultural property requires its transfer and that the matter is of such urgency that the procedure laid down in Article 12 cannot be followed, especially at the beginning of an armed conflict, the transport may display the distinctive emblem described in Article 16, provided that an application for immunity referred to in Article 12 has not already been made and refused.

He shall, if necessary, seek the advice of the International Committee on Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks fit, of any other competent organization or person. For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of the Director-General of the United Nations Educational, Scientific and Cultural Organization, or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural property, if considered appropriate on suitably chosen neutral territory.

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Outline of the Convention. Nothing in this Protocol shall prejudice the primary jurisdiction of a Party in whose territory an armed conflict not of an international character occurs over the violations set forth in Article The guarding of cultural property mentioned in paragraph I above by armed custodians specially empowered to do so, or the presence, in the vicinity of such cultural property, of police forces normally responsible for the maintenance of public order shall not be deemed to be used for military purposes.

The situations referred to in Articles 18 and 19 shall give immediate effect to ratifications or accessions deposited by the Parties to the conflict either before or after the beginning of hostilities or occupation.

Distinctive marking of cultural property In accordance with the provisions of Article 16, cultural property may bear a distinctive emblem so as to facilitate its recognition. Various proposals were formulated between that date and that of the adoption of the above-quoted resolution with a view to changing the representation of China at the United Nations, but these proposals were not adopted.

The Convention shall remain in force for the other Contracting States. The instruments of ratification, acceptance or approval shall be deposited with the Director-General. The same rule shall apply to any payment required of plaintiffs or intervening parties as security for court fees. Article 23 Procedure on an application for recognition and enforcement. The person is the same as the applicant named in point 4. A Contracting State which has more than one official language and cannot, for reasons of internal law, accept Letters in one of these languages for the whole of its territory, shall, by declaration, specify the language in which the Letter or translation thereof shall be expressed for execution in the specified parts of its territory.

Criminal responsibility and jurisdiction. The distinctive emblem of the Convention shall take the form of a shield, pointed below, persaltire blue and white a shield consisting of a royal-blue square, one of the angles of which forms the point of the shield, and of a ana triangle above the square, the space on either side being taken up by a white triangle. Substitutes for Protecting Powers If a Party to the conflict does not benefit or ceases to benefit from the activities of a Protecting Power, a neutral State may be asked to undertake ajw functions of a Protecting Power which concern the appointment of a Commissioner-General for Cultural Property 1945 accordance with the procedure laid down in Article 4 above.

English, French, Russian and Spanish. Article 35 – Conciliation procedure. Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair.

Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the end of the five year period. Any Contracting State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right to exclude.

Thereafter, it shall enter into force, for each Party, three months after the deposit of its instrument of ratification, acceptance, approval or accession. Each Contracting State shall designate one or more transmitting authorities for the purpose of forwarding to the appropriate Central Authority in the requested State applications for rendering enforceable orders to which Article 15 applies.

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There shall be no appeal from its decisions.

Conventions, Protocols and Principles

Outline of the Convention. However, where the application forwarded by the transmitting 154 is in either English or French, or is accompanied by a translation into one of those languages, communications emanating from the receiving Central Authority shall also be in one of those languages. Article 24 – Committee for the protection of cultural property in the event of armed conflict. Execution of this Protocol.

If the Director-General decides to proceed with the vote by correspondence, he shall invite the High Contracting Parties to transmit their votes by sealed letter within six months from the day on which they were invited to do so.

It shall ensure that formal requirements are met. Parties convfnzione encouraged to give technical assistance of all kinds, through the Committee, to those Cnvenzione or parties to the conflict who request it. The receiving Central Authority shall transmit requests for further information to the transmitting authority and shall inform it of any difficulty relating to the examination of the application and of the decision taken.

The offences set forth in Article 15 sub-paragraphs 1 a to c conenzione be deemed to be included as extraditable offences in any extradition treaty existing between any of the Parties before the entry into force of this Protocol.

Such a declaration shall take effect on the date of entry into force of the Convention for the State concerned.

For the purpose of this provision, residence excludes mere presence. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary. A Party may call upon UNESCO for technical assistance in organizing the protection of its cultural property, such as preparatory action to safeguard cultural property, preventive and organizational measures for emergency situations and compilation of national inventories of cultural property, or in connection with any other problem arising out of the application of this Protocol.

The fact that an attempt to take evidence under the procedure laid down in this Chapter has failed, owing to the refusal of a person to give evidence, shall not prevent an application being subsequently made to take the evidence in accordance with Chapter I. Article 41 – Ratification, acceptance or approval 1. List in chronological order. The denunciation ajs have effect only as regards the State which has notified it. Before jaa such a decision, the Committee shall afford an opportunity to the Parties to make their views known.