Mr.
Walter
Schwimmer
Secretary
General
of the Council of Europe Vienna, April 2003
B. P. 431 RG
F-67006 Strasbourg No.
2125.20/0004e-I.2/2003
Dear
Secretary-General,
I have the
honour to refer to your Note dated 5 March 2003 which reads as follows:
quote:
“I have the honour to refer to the 1963
Convention on the Reduction of Cases of Multiple Nationality and Military
Obligations in Cases of Multiple Nationality ratified by twelve Member States
of the Council of Europe, and by your country on 31 July 1975. It entered into
force for your country on 1 September 1975. Since then problems have arisen
from the fact that in 1997 another Convention on Nationality (ETS No. 166)
containing different rules was adopted. This Convention has now been ratified by
eight Member States.
Considering the reciprocal impact of the two
Conventions, the Committee of Experts on Nationality (CJ-NA) recently discussed
the possibility of a partial denunciation of the 1963 Convention. Some of the
Contracting Parties have declared that they no longer wish to be bound by
Chapter I of the Convention because their domestic legislation is no longer in
line with the provisions contained therein. Nonetheless, these States wish to
continue to be bound by the Convention’s Chapter II relating to military
obligations in cases of multiple nationality.
The CJ-NA via the European Committee on Legal
Co-operation (CDCJ) consulted the Committee of Legal Advisers on Public
International Law (CAHDI) on this issue. The CJ-NA took note of CAHDI’s opinion
that, according to the law of treaties embodied in the Vienna Convention on the
Law of Treaties (in particular Article 44, paragraph 1), a partial denunciation
of the Convention will only be possible if agreed by all Parties to the
Convention. Considering that the provisions contained in Chapter I are separate
from the remainder of the treaty with regard to their application, the CJ-NA
decided to recommend that the Parties reach an agreement on the interpretation
of Article 12, paragraph 2, of the 1963 Convention, trough written procedure.
Such an agreement will be based on the
following understanding reached as a result of the discussions in the CJ-NA:
1. Any
Contracting Party may at any time, in so far as it is concerned, denounce
Chapter I of this Convention by means of a notification addressed to the
Secretary General of the Council of Europe.
2. Such
denunciation shall take effect one year after the date of receipt by the
Secretary General of such notification.
3. The
provisions of Article 7, paragraph 2, of the Convention shall apply as amended
by the 1977 Protocol.
I would be grateful if you could inform me,
within a period of six months, that the foregoing provisions are accepted by
your Government. This letter, sent in my capacity as depositary of the Council
of Europe treaties, and the letters of acceptance by all Contracting Parties,
will constitute the agreement on interpretation, within the meaning of Article
31, paragraph 3, sub-paragraph a, of the Vienna Convention on the Law of
Treaties. Once all Contracting Parties have expressed their consent, I will
confirm in a certificate that all Contracting Parties have reached this
agreement. The agreement on interpretation will enter into force on the date of
the certificate.”
In reply I have the honour to confirm that the
foregoing provisions are accepted by the Government of the Republic of Austria.
I avail
myself of this opportunity to renew to you the assurance of my highest
consideration,