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International Convention on the Elimination of All Forms of Racial Discrimination
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dispute
[
Global Index
]
ARTICLE-12
[
go to this ARTICLE
]
... 1. (a) After the
Committee
has obtained and collated all the
information
it deems necessary, the
Chairman
shall appoint an
ad hoc
Conciliation Commission
(hereinafter referred to as the
Commission
) comprising five
persons
who may or may not be
members
of the
Committee
. The
members
of the
Commission
shall be appointed with the
unanimous
consent
of the
parties
to the
dispute
, and its good
offices
shall be made available to the
States
concerned
with a
view
to an
amicable solution
of the matter on the basis of
respect
for this
Convention
; ...
... (b) If the
States parties
to the
dispute
fail to reach
agreement
within three
months
on all or part of the composition of the
Commission
, the
members
of the
Commission
not
agreed
upon by the
States parties
to the
dispute
shall be
elected
by
secret ballot
by a two-thirds
majority vote
of the
Committee
from among its own
members
. ...
... (b) If the
States parties
to the
dispute
fail to reach
agreement
within three
months
on all or part of the composition of the
Commission
, the
members
of the
Commission
not
agreed
upon by the
States parties
to the
dispute
shall be
elected
by
secret ballot
by a two-thirds
majority vote
of the
Committee
from among its own
members
. ...
... 2. The
members
of the
Commission
shall serve in their
personal
capacity
. They shall not be
nationals
of the
States parties
to the
dispute
or of a
State
not
Party
to this
Convention
. ...
... 5. The
secretariat
provided in
accordance
with
article
10
, paragraph 3, of this
Convention
shall also
service
the
Commission
whenever a
dispute
among
States Parties
brings the
Commission
into being. ...
... 6. The
States parties
to the
dispute
shall
share
equally
all the
expenses
of the
members
of the
Commission
in
accordance
with
estimates
to be provided by the
Secretary-General of the United Nations
. ...
... 7. The
Secretary-General
shall be empowered to
pay
the
expenses
of the
members
of the
Commission
, if necessary, before
reimbursement
by the
States parties
to the
dispute
in
accordance
with paragraph 6 of this
article
. ...
ARTICLE-13
[
go to this ARTICLE
]
... 1. When the
Commission
has
fully
considered the matter, it shall prepare and submit to the
Chairman
of the
Committee
a
report
embodying its findings on all
questions
of
fact
relevant
to the issue between the
parties
and containing such
recommendations
as it may think proper for the
amicable solution
of the
dispute
. ...
... 2. The
Chairman
of the
Committee
shall
communicate
the
report
of the
Commission
to each of the
States parties
to the
dispute
. These
States
shall, within three
months
, inform the
Chairman
of the
Committee
whether or not they
accept
the
recommendations
contained in the
report
of the
Commission
. ...
ARTICLE-16
[
go to this ARTICLE
]
... The
provisions
of this
Convention
concerning
the
settlement of disputes
or
complaints
shall be applied without
prejudice
to other
procedures
for settling
disputes
or
complaints
in the
field
of
discrimination
laid down in the constituent
instruments
of, or
conventions
adopted
by, the
United Nations
and its specialized
agencies
, and shall not
prevent
the
States Parties
from having
recourse
to other
procedures
for settling a
dispute
in
accordance
with
general
or
special
international agreements
in
force
between them. ...
... The
provisions
of this
Convention
concerning
the
settlement of disputes
or
complaints
shall be applied without
prejudice
to other
procedures
for settling
disputes
or
complaints
in the
field
of
discrimination
laid down in the constituent
instruments
of, or
conventions
adopted
by, the
United Nations
and its specialized
agencies
, and shall not
prevent
the
States Parties
from having
recourse
to other
procedures
for settling a
dispute
in
accordance
with
general
or
special
international agreements
in
force
between them. ...
... The
provisions
of this
Convention
concerning
the
settlement of disputes
or
complaints
shall be applied without
prejudice
to other
procedures
for settling
disputes
or
complaints
in the
field
of
discrimination
laid down in the constituent
instruments
of, or
conventions
adopted
by, the
United Nations
and its specialized
agencies
, and shall not
prevent
the
States Parties
from having
recourse
to other
procedures
for settling a
dispute
in
accordance
with
general
or
special
international agreements
in
force
between them. ...
ARTICLE-22
[
go to this ARTICLE
]
... Any
dispute
between two or more
States Parties
with
respect
to the
interpretation
or
application
of this
Convention
, which is not settled by
negotiation
or by the
procedures
expressly provided for in this
Convention
, shall, at the
request
of any of the
parties
to the
dispute
, be referred to the
International Court of Justice
for
decision
, unless the disputants
agree
to another mode of
settlement
. ...
... Any
dispute
between two or more
States Parties
with
respect
to the
interpretation
or
application
of this
Convention
, which is not settled by
negotiation
or by the
procedures
expressly provided for in this
Convention
, shall, at the
request
of any of the
parties
to the
dispute
, be referred to the
International Court of Justice
for
decision
, unless the disputants
agree
to another mode of
settlement
. ...
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