In order to be become a Party to the Basel Convention, a State must express its consent to be bound by the treaty – indicating, through a concrete act, it is willing to undertake the legal rights and obligations contained in the treaty.
The Basel Convention was open for signature until 22 March 1990. As such, there are presently several ways to become a Party to the Basel Convention:
- Acceptance or approval;
When a State wishes to ratify, accept, approve or accede to the Basel Convention, it must execute an instrument of ratification, acceptance, approval or accession.
There is no mandated form for the instrument of ratification, acceptance, approval or accession. This instrument and any additional documentation or declarations required would depend on the national legal and constitutional system. The instrument must nonetheless be signed by one of three specified authorities (Head of State, Head of Government or Minister for Foreign Affairs) and must include the following:
- Title, date and place of conclusion of the treaty concerned (the Basel Convention);
- Full name and title of the person signing the instrument, i.e., the Head of State, Head of Government or Minister for Foreign Affairs or any other person acting in such a position for the time being or with full powers for that purpose issued by one of the above authorities;
- An unambiguous expression of the intent of the Government, on behalf of the State, to consider itself bound by the Basel Convention and to undertake faithfully to observe and implement its provisions;
- Date and place where the instrument was issued; and
- Signature of the Head of State, Head of Government or Minister for Foreign Affairs (the official seal is not adequate) or any other person acting in such a position for the time being or with full powers for that purpose issued by one of the above authorities.
Procedures and processes of the Secretariat:
An instrument of ratification, acceptance, approval or accession becomes effective only when it is deposited with the Secretary-General of the United Nations at United Nations Headquarters in New York. The Treaty Section of the United Nations Office of Legal Affairs (UN OLA), based in New York, acts as the Depositary on behalf of the Secretary-General.
When instruments are deposited at the Treaty Section of the UN OLA, the Depositary takes the necessary action. The Secretariat updates its information and contacts new Parties with a welcome package on the basis of information received from the Depositary.
List of Parties & Signatories:
Please click here to access the list of Parties and Signatories to the Basel Convention.