Annexes to JOIN(2012)1 - Accession of the EU to the Treaty of Amity and Cooperation in Southeast Asia - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | JOIN(2012)1 - Accession of the EU to the Treaty of Amity and Cooperation in Southeast Asia. |
|---|---|
| document | JOIN(2012)1  |
| date | April 26, 2012 |
Article 16
The foregoing provision of this Chapter shall not apply to a dispute unless all the parties to the dispute agree to their application to that dispute. However, this shall not preclude the other High Contracting Parties not party to the dispute from offering all possible assistance to settle the said dispute. Parties to the dispute should be well disposed towards such offers of assistance.
Article 17
Nothing in this Treaty shall preclude recourse to the modes of peaceful settlement contained in Article 33(l) of the Charter of the United Nations. The High Contracting Parties which are parties to a dispute should be encouraged to take initiatives to solve it by friendly negotiations before resorting to the other procedures provided for in the Charter of the United Nations.
1.1.1.5. CHAPTER V: GENERAL PROVISION
Article 18
This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand. It shall be ratified in accordance with the constitutional procedures of each signatory State. It shall be open for accession by other States in Southeast Asia.
Article 19
This Treaty shall enter into force on the date of the deposit of the fifth instrument of ratification with the Governments of the signatory States which are designated Depositories of this Treaty and the instruments of ratification or accession.
Article 20
This Treaty is drawn up in the official languages of the High Contracting Parties, all of which are equally authoritative. There shall be an agreed common translation of the texts in the English language. Any divergent interpretation of the common text shall be settled by negotiation.
IN FAITH THEREOF the High Contracting Parties have signed the Treaty and have hereto affixed their Seals.
Done at Denpasar, Bali, this twenty-fourth day of February in the year one thousand nine hundred and seventy-six.
Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia
Philippines, 15 December 1987
The Government of Brunei Darussalam
The Government of the Republic of Indonesia
The Government of Malaysia
The Government of the Republic of the Philippines
The Government of the Republic of Singapore
The Government of the Kingdom of Thailand
DESIRING to further enhance cooperation with all peace-loving nations, both within and outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia region;
CONSIDERING paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
HEREBY AGREE TO THE FOLLOWING:
Article 1
Article 18 of the Treaty of Amity shall be amended to read as follows:
‘This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand. It shall be ratified in accordance with the constitutional procedures of each signatory State.
It shall be open for accession by other States in Southeast Asia.
States outside Southeast Asia may also accede to this Treaty by the consent of all the States in Southeast Asia which are signatories to this Treaty and Brunei Darussalam.’
Article 2
Article 14 of the Treaty of Amity shall be amended to read as follows:
‘To settle disputes through regional processes, the High Contracting Parties shall constitute, as a continuing body, a High Council comprising a Representative at ministerial level from each of the High Contracting Parties to take cognisance of the existence of disputes or situations likely to disturb regional peace and harmony.
However, this article shall apply to any of the States outside Southeast Asia which have acceded to the Treaty only in cases where that state is directly involved in the dispute to be settled through the regional processes.’
Article 3
This Protocol shall be subject to ratification and shall come into force on the date the last instrument of ratification of the High Contracting Parties is deposited.
Done at Manila, the fifteenth day of December in the year one thousand nine hundred and eighty-seven.
Second Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia
Manila, Philippines, 25 July 1998
The Government of Brunei Darussalam
The Government of the Kingdom of Cambodia
The Government of the Republic of Indonesia
The Government of the Lao People’s Democratic Republic
The Government of Malaysia
The Government of the Union of Myanmar
The Government of the Republic of the Philippines
The Government of the Republic of Singapore
The Government of the Kingdom of Thailand
The Government of the Socialist Republic of Vietnam
The Government of Papua New Guinea
Hereinafter referred to as the High Contracting Parties:
DESIRING to ensure that there is appropriate enhancement of cooperation with all peace-loving nations, both within and outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia region;
CONSIDERING paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
HEREBY AGREE TO THE FOLLOWING:
Article 1
Article 18, paragraph 3, of the Treaty of Amity shall be amended to read as follows:
‘States outside Southeast Asia may also accede to this Treaty with the consent of all the States in Southeast Asia, namely, Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Vietnam.’
Article 2
This Protocol shall be subject to ratification and shall come into force on the date the last instrument of ratification of the High Contracting Parties is deposited.
Done at Manila, the twenty-fifth day of July in the year one thousand nine hundred and ninety-eight.
Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia
Ha Noi, Viet Nam, 23 July 2010
Brunei Darussalam
Kingdom of Cambodia
The Republic of Indonesia
The Lao People’s Democratic Republic
Malaysia
The Union of Myanmar
The Republic of the Philippines
The Republic of Singapore
The Kingdom of Thailand
The Socialist Republic of Vietnam
The Commonwealth of Australia
The People’s Republic of Bangladesh
The People’s Republic of China
The Democratic People’s Republic of Korea
The French Republic
The Republic of India
Japan
Mongolia
New Zealand
The Islamic Republic of Pakistan
Papua New Guinea
The Republic Of Korea
The Russian Federation
The Democratic Socialist Republic of Sri Lanka
The Democratic Republic of Timor-Leste
The Republic of Turkey
The United States of America
Hereinafter referred to as the High Contracting Parties:
DESIRING to ensure that there is appropriate enhancement of cooperation with all peace-loving nations, both within and outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia region, as well as with regional organisations whose members are only sovereign States;
CONSIDERING paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
HEREBY AGREE TO THE FOLLOWING:
Article 1
Article 18, paragraph 3, of the Treaty of Amity shall be amended to read as follows:
‘This Treaty shall be open for accession by States outside Southeast Asia and regional organisations whose members are only sovereign States with the consent of all the States in Southeast Asia, namely, Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Vietnam.’
Article 2
Article 14, paragraph 2, of the Treaty of Amity shall be amended to read as follows:
‘However, this article shall apply to any of the High Contracting Parties which have acceded to the Treaty only in cases where that High Contracting Party is directly involved in the dispute to be settled through the regional processes.’
Article 3
This Protocol shall be subject to ratification and shall come into force on the date of the last instrument of ratification of the High Contracting Parties is deposited.
Done at Hanoi, Viet Nam, the twenty-third day of July in the year two thousand and ten in a single copy in the English language.
Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by the European Union
WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First, the Second and the Third Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987, 25 July 1998 and 23 July 2010 respectively;
WHEREAS Article 18, paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Third Protocol provides that regional organisations whose members are only sovereign States may accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam;
WHEREAS the Minister of Foreign Affairs of Finland and the Member of the European Commission responsible for External Relations and the European Neighbourhood Policy lodged an application for the accession of the European Union to the Treaty through the letter dated 7 December 2006;
WHEREAS the States in Southeast Asia have consented to the accession of the European Union to the Treaty;
The European Union hereby accedes to the Treaty of Amity and Cooperation in Southeast Asia with effect of the date of deposit of this instrument.
IN WITNESS WHEREOF, this Instrument of Accession is signed by the [TITLE].
Done at [place], [country], this [date] day of [month] in the year two thousand and [year].
For the European Union