CONVENZIONE AJA 1954 PDF

This Convention does not affect the Hague Convention of 1 March on civil procedure, the Hague Convention of 15 November on the Service Abroad. Statute of the Hague Conference on Private International Law · Convention of 1 March on civil procedure · Convention of 15 June on the law. (In the relations between the Contracting States, this Convention replaces Articles 8 to 16 of the Conventions on civil procedure of and ).

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Apart from the case provided for in paragraph 1 of the present Article, immunity shall be withdrawn from cultural property under special protection only in exceptional cases of unavoidable military necessity, and only for such time as that necessity continues.

A diplomatic officer or consular agent of a Contracting State may, in the territory of another Contracting State and within the area where he exercises his functions, also take the evidence, without compulsion, of nationals of the State in which he exercises his functions or of a third State, in aid of proceedings commenced in the courts of a State which he represents, if.

Article 28 – Secretariat The Committee shall be assisted by the Secretariat of UNESCO which shall prepare the Committee’s documentation and the agenda for its meetings and shall have the responsibility for the implementation of its decisions. These two arbitrators shall select a chief arbitrator from the international list mentioned in Article 1 of the present Regulations.

Should it prove necessary to take measures to preserve cultural property situated in occupied territory and damaged by military operations, and should the competent national authorities be unable to take such measures, the Occupying Power shall, as far as possible, and in close co-operation with such authorities, take the most necessary measures of preservation.

A party to the conflict, which is not a Party to this Protocol but which accepts and applies provisions in accordance with Article 3, paragraph 2, may request appropriate international assistance from the Committee. It may review any grounds listed in Articles 20, 22 and 154 7 c if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or convenzuone other authorities, or in order to designate a representative so to act.

The decision to grant provisional enhanced protection shall be taken as soon as possible and, notwithstanding Article 26, by a majority of four-fifths of its members present and voting. The Netherlands European part – application: Acknowledgement form under Article 12 3. Article 25 – Term of office 1. Such necessity can be established only by the officer commanding a force the equivalent of a division in size or larger.

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The Director-General shall inform all High Contracting Parties as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, approval or accession provided for in Articles 41 and 42 and of denunciations provided for in Article The Director-General shall transmit the replies, received under paragraph 1 of the present Article, to all High Contracting Parties.

HCCH | #38 – Full text

Outline of the Convention. International list of persons On the entry into force of the Convention, the Director-General of the United Nations Educational, Scientific and Cultural Organization shall compile an international list consisting of all persons nominated by the High Contracting Parties as qualified to carry out the functions of Commissioner-General for Cultural Property.

The Organization is authorized to make, 1594 its own initiative, proposals on this matter to the High Contracting Parties. Parties are encouraged to provide technical assistance at bilateral or multilateral level. The fact that an attempt to take evidence under the procedure laid down in this Chapter has failed, owing to the refusal of a person to give evidence, shall not prevent an application being subsequently made to take the evidence in accordance with Chapter I.

CHAPTER 2 General provisions regarding protection Article 5 – Safeguarding of cultural property Preparatory measures taken in time of peace for the safeguarding of cultural property against the foreseeable effects of an armed conflict pursuant to Article 3 of the Convention shall include, as appropriate, the preparation of inventories, the planning of emergency measures for protection against fire or structural collapse, the preparation for the removal of movable cultural property or the provision for adequate in situ protection of such property, and the designation of competent authorities responsible for the safeguarding of cultural property.

Following such consultation, he shall notify the Parties to the conflict concerned of cobvenzione transfer, including in such notification all useful information.

Article 25 – Term of office. Article 41 – Ratification, acceptance or approval.

Conventions, Protocols and Principles

Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not convenzipne challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.

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Article 41 – Ratification, acceptance or approval 1. A Party making such reservation shall until the reservation is withdrawn convemzione treated as a State not a Party to the present Convention with respect to that amendment. He shall, if necessary, seek the advice of the International Committee on Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks fit, of any other competent organization or person.

The instruments of ratification, acceptance or approval shall be deposited with the Director-General. Article 12 Transmission, receipt and processing of applications and cases convenizone Central Authorities.

The present Convention shall not affect the application of Article 23 of the Convention ofor of Article 24 of the Convention of A Contracting State may declare that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request.

Nothing in this Article shall prevent applications from being made directly by the person entitled to the benefit of the order unless the requested State has declared that it will ajja accept applications made in this manner. The situations referred to in Articles 18 and convnezione of the Convention shall give immediate effect to ratifications, acceptances or approvals of or accessions to this Protocol deposited by the parties to the 195 either before or after the beginning of hostilities or occupation.

A Contracting State may declare that a diplomatic officer, consular agent or commissioner authorised to take evidence under Articles 15, 16 or 17, may apply to the competent authority designated by the declaring State for appropriate assistance to obtain the evidence by compulsion. A Contracting State which has more than one official language and cannot, for reasons of internal law, accept Letters in one of these languages for the whole of its territory, shall, by declaration, specify the language in which the Letter or translation thereof shall be expressed for execution in the specified parts of its territory.

Revision of the Convention and of the Regulations for its execution 1. Application of the Convention 1. Similarly it may require that it be given reasonable advance notice of the time, date and place of the taking of the evidence; in such a conveenzione a representative of the authority shall be entitled to be present at the taking ajs the evidence.