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LEGAL PROBLEMS ARISING FROM THE PRESENT STATE OF IMPLEMENTATION OF THE BARCELONA CONVENTION AND ITS ... - page 4 / 14

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The same applies with respect to the second category, where a new Protocol has entered into force replacing an earlier one (The 1995 SPA & Bio-Diversity Protocol, The 2002 Prevention & Emergency Protocol, 2002)

With respect to those amended instruments of the first category that have not as yet entered into force (the 1976 Dumping Protocol, as amended in 1995, and the 1980 LBS Protocol, as amended in 1996) at the international level, the original (unamended) versions of these Protocols continue to be in force, legally binding all Contracting Parties.

Pending the entry into force of these two amended instruments,

the only legal obligation that may be invoked against those

Contracting Parties that have accepted them is the general

obligation not to defeat the object and purpose of a treaty

Provided in Article 18 of the Vienna Convention on

the Law of Treaties, 1969.

Similar considerations are applicable to the third category of instruments. Pending the entry into force of the 1994 Offshore Protocol and the 1996 Hazardous Wastes Protocol, those Contracting Parties that have signed them are under the general obligation not to defeat the object and purpose of a treaty provided in Article 18 of the Vienna Convention on the Law of Treaties, 1969.

In the light of this situation, the Contracting Parties are obliged to report under two legal regimes

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