Статус Дополнительного протокола I к Договору о запрещении ядерного оружия в Латинской Америке (Договор Тлателолко) (Мехико, 14 февраля 1967 года) [рус., англ.]
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СТАТУС ДОПОЛНИТЕЛЬНОГО ПРОТОКОЛА I
К ДОГОВОРУ О ЗАПРЕЩЕНИИ ЯДЕРНОГО ОРУЖИЯ В ЛАТИНСКОЙ АМЕРИКЕ
(МЕХИКО, 14 ФЕВРАЛЯ 1967 ГОДА)
| Государство | Подписание | Депонирование | Вид депонирования | ||
| Нидерланды | 15.03.1968 | <*> | 26.07.1971 | <*> | Ратификация |
| Соединенное Королевство Великобритании и Северной Ирландии | 20.12.1967 | <*> | 11.12.1969 | <*> | Ратификация |
| Соединенные Штаты Америки | 26.05.1977 | 23.11.1981 | <*> | Ратификация | |
| Франция | 02.03.1979 | <*> | 24.08.1992 | <*> | Ратификация |
ADDITIONAL PROTOCOL I TO THE TREATY FOR THE PROHIBITION OF NUCLEAR WEAPONS IN LATIN AMERICA AND THE CARIBBEAN
| Number of States Parties: | 4 |
|---|
<*> A note, statement, declaration, or reservation, is attached to the signature or depository action.
With the following reservations and declarations:
«The French Government, by virtue of the fact that the French territories situated in the zone of the Treaty for the Prohibition of Nuclear Weapons in Latin America are an integral part of the French Republic, can sign Additional Protocol I of the Treaty only as the authority responsible de jure for those territories. It expects the signatory governments of the Treaty, convened in the Agency for the Prohibition of Nuclear Weapons in Latin America, to take note of the fact that it participates in the Protocol only in that capacity.»
«The French Government, in signing Additional Protocol I of the Treaty for the Prohibition of Nuclear Weapons in Latin America and subject, for its entry into force in respect of France, to the reservation that the required constitutional procedures must be completed, expresses the following reservations and makes the following interpretive declarations:»
«(1) No provision of this Protocol or of the articles of the Treaty to which it relates may detract from the full exercise of the right of self-defence confirmed by Article 51 of the Charter of the United Nations.»
«(2) Pursuant to article 4, paragraph 1, of the Treaty, the zone of application of the undertakings arising out of the Treaty consists of the totality of the territories defined in article 3 of the Treaty, it being understood that the legislation referred to in the said article 3 must conform to international law. For the French Government, any zone which is more extensive, specifically the one referred to in article 4, paragraph 2, of the Treaty, cannot be considered as being established in conformity with international law, and consesquently the French Government could not agree to the application of the Treaty therein.»
«(3) The French Government does not agree that the obligations arising out of Protocol I, which relates to articles 1 and 13 of the Treaty, may be applied to the transit, through territories of the French Republic situated in the zone of the Treaty, of devices referred to in article 5 of the Treaty which are destined for other territories of the French Republic.»
«(4) The French Government, while subscribing, by virtue of its acceptance of article 1 of Protocol I, to the obligations defined in article I of the Treaty, considers those obligations to apply solely to activities enumerated in that article which take place in the French territories on the basis of which Protocol I is signed. It cannot agree that those obligations may be interpreted as limiting in any way the participation of the populations of those territories in such activities taking place outside the zone or in the national defence effort of the French Republic.»
«(5) The provisions of articles 1 and 2 of the Protocol apply to the text of the Treaty as it exists at the time of the signature of the Protocol by the French Government. Accordingly, any amendment to the Treaty which may enter into force pursuant to article 29 thereof cannot be regarded as binding on the French Government without that Government's express consent.»
With the following declaration:
«No provision of the Additional Protocol I shall be interpreted as prejudicing the position of the Kingdom of the Netherlands as regards its recognition or non-recognition of the rights of or claims to sovereignty of the Parties to the Treaty, or of the grounds on which such claims are made.»
«No provision of the Protocol shall be interpreted as implying that, with respect to the carrying-out of nuclear explosions for peaceful purposes on the territory of Surinam and the Netherlands Antilles, other rules apply than those operative for the Parties to the Treaty.»
(On 25 November 1975 Suriname became a sovereign State.)
United Kingdom of Great Britain and Northern Ireland
In a note dated 19 May 1995 to the Ministry of Foreign Affairs of Mexico, the United Kingdom Government made the following comments on the Argentine Government's declaration upon deposit of its instrument of ratification on 18 January 1994:
«The British Government is in no doubt about the United Kingdom's sovereignty over the Falkland Islands, as well as over South Georgia and the South Sandwich Islands, and therefore is also in no doubt about its right to extend the aforesaid Treaty to these territories. The British Government cannot but reject the unjustified claim of the Argentine Government that the islands form part of Argentine territory.»
With the following declaration:
«... It is the understanding of the Government of the United Kingdom of Great Britain and Northern Ireland that:»
«(a) the reference in Article 3 of the Treaty to „its own legislation“ relates only to such legislation as is compatible with the rules of international law and as involves an exercise of sovereignty consistent with those rules, and accordingly that signature or ratification of either Additional Protocol by the Government of the United Kingdom could not be regarded as implying recognition of any legislation which did not, in their view, comply with the relevant rules of international law;»
«(b) Article 18 of the Treaty, when read in conjunction with Articles 1 and 5 thereof, would not permit the Contracting Parties to the Treaty to carry out explosions of nuclear devices for peaceful purposes unless and until advances in technology have made possible the development of devices for such explosions which are not capable of being used for weapons purposes;»
«(c) signature or ratification of either Additional Protocol by the Government of the United Kingdom could not be regarded as affecting in any way the legal status of any territory for the international relations of which they are responsible lying within the limits of the geographical zone established by the Treaty; and»
«(d) the Government of the United Kingdom would, in the event of any act of aggression by a Contracting Party to the Treaty in which that Party was supported by a nuclear-weapon State, be free to reconsider the extent to which they could be regarded as committed by the provisions of Additional Protocol II.»
«... The Government of the United Kingdom are prepared to regard their undertaking under Article 3 of Additional Protocol II not to use or threaten to use nuclear weapons against the Contracting Parties to the Treaty as extending not only to those Parties but also to territories in respect of which the undertaking to apply the statute of denuclearisation, in accordance with Article I of Additional Protocol I, becomes effective.»
With the following declaration:
«In so far as concerns the Additional Protocol I, the ratification includes the Associated States of Antigua, Dominica, Grenada, St.Christopher-Nevis-Anguilla, St. Lucia and St. Vincent, and the territories of the Bahamas, British Honduras, British Virgin Islands, Cayman Islands, Falkland Islands, Montserrat and athe Turks and Caicos Islands.»
With the following declaration made upon deposit of the instruments of ratification by the representative of the United Kingdom:
«On depositing these instruments of ratification, I have to declare that it is the understanding of the Government of the United Kingdom that:»
«I have the honour further to declare that the Government of the United Kingdom are prepared to regard their undertaking under Article 3 of Additional Protocol II not to use or threaten to use nuclear weapons against the Contracting Parties to the Treaty as extending not only to those Parties but also to territories in respect of which the undertaking to apply the statute of denuclearisation, in accordance with Article I of Additional Protocol I, becomes effective.»
«The Government of the United Kingdom have always believed that the establishment of a nuclear-free zone in Latin Ameica would be a most useful step towards nonproliferation and the building up of international confidence. While warmly welcoming the achievement of the States concerned in settting up the organs of the Treaty, Her Majesty's Government note with regret that the Treaty is not yet in force in a number of important States in the area. The Government of the United Kingdom therefore hope that the deposit of their instruments of ratification of the Additional Protocols to the Treaty will serve as an encouragement both to other nuclear-weapon-States to recognise the Treaty and to those Latin American States which have not yet done so, to bring the Treaty into force in their territory.»