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LEGAL PROBLEMS ARISING FROM THE PRESENT STATE OF IMPLEMENTATION OF THE BARCELONA CONVENTION AND ITS ... - page 3 / 14

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II. THE DIRECT LEGAL IMPLICATIONS FROM THIS SITUATION

From a legal point of view, this situation poses a fundamental question concerning the relationship between the earlier and the new regime of the Barcelona Convention system

Article 22 (former Article 16) of the Barcelona Convention provides in para. 4 that amendments …. shall enter into force between Contracting Parties having accepted such amendment”.

Thus, the Vienna Convention on the Law of Treaties, 1969 specifically provides in Article 40 (4) that “the amending agreement does not bind any State already a party to the treaty which does not become a party to the amending agreement.” It also provides that in relation to such a State applies Article 30 (4) (b) of the Convention.

Article 30 (4) (b) sets forth the following provision: “when the parties to the later

treaty do not include all the parties to the earlier one”, then, “….(b) as between a

State party to both treaties and a State party to only one of the treaties, the treaty

to which both States are parties governs their mutual rights and obligations.”

With respect to the first category, where an amended instrument has entered into force (the amended Barcelona Convention) there is a coexistence of the new and the earlier regime

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