Children's Act, 2005 (Act No. 38 of 2005)SchedulesSchedule 1 : Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (29 May 93)Chapter VII : Final Clauses (Articles 43-48) |
Article 43
| (1) | The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session. |
| (2) | It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention. |
Article 44
| (1) | Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1. |
| (2) | The instrument of accession shall be deposited with the depositary. |
| (3) | Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary. |
Article 45
| (1) | If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. |
| (2) | Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. |
| (3) | If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State. |
Article 46
| (1) | The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 43. |
| (2) | Thereafter the Convention shall enter into force— |
| (a) | for each State ratifying, accepting or approving it subsequently, or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession; |
| (b) | for a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to in that Article. |
Article 47
| (1) | A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. |
| (2) | The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary. |
Article 48
The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following—
| (a) | the signatures, ratifications, acceptances and approvals referred to in Article 43; |
| (b) | the accessions and objections raised to accessions referred to in Article 44; |
| (c) | the date on which the Convention enters into force in accordance with Article 46; |
| (d) | the declarations and designations referred to in Articles 22, 23, 25 and 45; |
| (e) | the agreements referred to in Article 39; |
| (f) | the denunciations referred to in Article 47. |
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at The Hague, on the _ _ day of 19 , in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Seventeenth Session and to each of the other States which participated in that Session.