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AG/RES.
1484 (XXVII-O/97)
PROCEDURE FOR CORRECTING ERRORS IN TREATIES OR CONVENTIONS
FOR WHICH THE ORGANIZATION OF AMERICAN STATES IS DEPOSITORY
(Resolution adopted at the seventh plenary session, held on
June 5, 1997)
THE GENERAL ASSEMBLY,
TAKING INTO ACCOUNT the need to establish a procedure for
correcting errors in treaties or conventions for which the
Organization of American States is depository;
CONSIDERING that resolution AG/RES. 545 (XI-O/81),
"Procedure for Correcting Errors or Discrepancies in
Treaties or Conventions for Which the OAS Is Depository,"
has presented certain difficulties and drawbacks in terms of
its application and interpretation, which have come to light
in recent cases in which the error correction process was
applied;
BEARING IN MIND that, through resolution AG/RES. 1329
(XXV-O/95), the General Assembly said that the Organization
should consider studying possible guidelines covering the
entire process of preparing inter-American legal
instruments, which would include a procedure for correcting
errors; and
CONSIDERING that the Inter-American Juridical Committee, in
resolution CJI/RES.I-3/97, recommended a review of
resolution AG/RES. 545 (XI-O/81),
RESOLVES:
To adopt the following Procedure for Correcting Errors in
Treaties or Conventions for Which the Organization of
American States Is Depository, which shall replace in its
entirety the procedure set forth in resolution AG/RES. 545
(XI-O/81):
PROCEDURE FOR CORRECTING ERRORS IN TREATIES OR CONVENTIONS
FOR WHICH THE ORGANIZATION OF AMERICAN STATES IS DEPOSITORY
Article 1
The purpose of this procedure is to correct errors in texts
of treaties for which the General Secretariat of the
Organization of American States is depository. The procedure
applies to cases in which, after the text has been
certified, the signatory states or states parties agree that
the treaty contains an error.
Article 2
For the purpose of applying this procedure, an error shall
be understood as:
a. One of a typographical nature;
b. A discrepancy between the certified texts of the treaty
in the official languages of the Organization of American
States due to errors in translation or omissions in one text
with respect to another or others;
c. A discrepancy between the text signed by the negotiating
states and open for signature, ratification, or accession by
the states and the text as adopted, as it appears in the
minutes, for presentation to the delegations for signature.
Article 3
When an error has been noticed by a signatory state or state
party, it shall be reported to the Secretary General for the
purposes provided in this procedure. The Secretary General
shall initiate the procedure ex officio when the error has
been noticed by the General Secretariat in its capacity as
depository. In both instances, the period during which the
signatory states or states parties, or the Secretary
General, may submit proposals for correction shall be the 90
days beginning on the date of adoption of the text of the
treaty.
Article 4
In order to make the correction, the Secretary General,
within the 15 days following expiry of the initial 90-day
period, shall inform the signatory states and the states
parties of the error and of the proposal for its correction.
A period of 60 days, beginning on the date of notification,
shall be established for the states to present their
objections to the proposal for correction.
Article 5
If, upon expiry of the period stipulated in the preceding
article, no objection has been raised, the Secretary General
shall make the correction in the text, shall execute a
procès-verbal of rectification of the text, and shall
transmit a copy of the procès-verbal and a certified copy of
the amended text to the signatory states of, or states
parties to, the treaty.
If an objection or objections have been raised during the
time period specified in the preceding paragraph, the
Secretary General shall communicate the objection or
objections to the other parties to the treaty and to the
other signatory states, and shall invite them to present
their observations or comments within 30 days. Within the 15
days following expiry of that period, the Secretary General
shall convene a special meeting, at which, if applicable,
any decisions taken on corrections to be made in the texts
in question will be conveyed to the Secretary General. Once
a written agreement has been signed by all the signatory
states or states parties that have presented written
proposals or objections, the Secretary General shall proceed
as provided under the first paragraph of this article and
shall append the agreement to the procès-verbal of
rectification referred to in that paragraph.
Article 6
The corrected text shall replace the defective text ab
initio.
Article 7
The correction of the text of a treaty that has been
registered shall be reported to the Secretariat of the
United Nations. |
