Interpretation And General Provisions Act Seychelles

[Brunilda Chestnut]

DisclaimerThe information in this circular relating to the legal requirements of specific foreign countries is provided for general information only and may not be totally accurate in a particular case. questions involving interpretation of specific foreign laws should be addressed to foreign counsel or the foreign central authority for the convention.

1 This country achieved independence. No declaration has been made on the continuation in force of the Convention. We have requested the assistance of the Hague Conference on Private International Law in ascertaining from these countries whether they are applying the Convention.

2 In accordance with Article 34(1) of the Vienna Convention on Succession of States in Respect of Treaties, the U.S. view is that when a country which is a party to a multilateral treaty or convention has dissolved, the successor state(s) inherit the treaty obligations of the former government, consistent with Article 34 of the Vienna Convention on Succession of States in Respect of Treaties. However, as a practical matter, the custom is for depositaries to expect a notice of succession to confirm that the new entity is performing its treaty obligations. Many newly independent states may not really be implementing such conventions at this time in that they may be performing the functions set forth in the Convention. We continue to work with these governments and the depositories to obtain confirmation that the respective successor state is complying with treaty obligations.

7 Argentina, China, the Czech Republic, Egypt, Germany, Greece, Latvia, Lithuania, Luxembourg, Norway, Poland, the Republic of South Korea, the Slovak Republic, Sri Lanka, Switzerland, Turkey, Ukraine, and Venezuela have notified the Hague Conference on Private International Law on accession, ratification or subsequently that they object to service in accordance with Article 10, sub-paragraph a of the Convention, via postal channels.

9 On November 19, 1992, the Federal Republic of Germany advised the depositary for the Convention that notwithstanding the provisions of the first paragraph of Article 15, a German judge may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled: the document was transmitted by one of the methods provided for in the Convention; a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document; no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed. In addition, Germany advised that an application for relief in accordance with Article 16 will not be entertained if it is filed after the expiration of one year following the termination of the time-limit which has not been observed.

10 On November 23, 1989, Greece informed the depositary government for the Convention that the judges of Greece may give judgment if all the conditions in Article 15, paragraph 2(a),(b) and (c) of the Convention are fulfilled even if no certificate of service or delivery has been received.

11 Luxembourg communicated the withdrawal of its declaration opposing service through postal channels in accordance with Article 10(a) of the Convention in a Note to the Government of the Netherlands dated June 2, 1978.

12 As of June 28, 1978, the United States will not charge a fee for service of judicial documents which it receives from any State Party to the Convention which does not impose a charge for service of documents sent from the United States for service under the Convention. On March 31, 1994, the Government of the United States declared that the Convention shall also be extended to the Commonwealth of the Northern Mariana Islands.

13 In accordance with Article 28, second paragraph, the Convention will enter into force for the Republic of Bulgaria in the absence of any objection from a State which has ratified the Convention before the deposit of the accession, notified to the Ministry of Foreign Affairs of the Netherlands within a period of six months after the date on which the Ministry has notified it of the accession. For practical reasons, this six months' period will run from January 31, 2000 to July 31, 2000. The Republic of Bulgaria objects to the use of channels of transmission for service mentioned in Article 10 of the Convention. The Republic of Bulgaria requires the document, which is to be served, to be written in or accompanied by a translation into the Bulgarian language. The Republic of Bulgaria designates the district courts as authorities which are competent to complete the certificate (Article 6, paragraphs 1 and 2).

14 Ratified Convention January 13, 2000; in accordance with Article 28, second paragraph, the Convention will enter into force for the Republic of Korea in the absence of any objections from a State which has ratified the Convention before the deposit of the accession, notified to the Ministry of Foreign Affairs of the Netherlands within a period of six months after the date on which the Ministry has notified it of the accession. For practical reasons, this six month's period will run from January 31, 2000 to July 31, 2000. Pursuant to Article 10, the Republic of Korea objects to the following:

Note: The information related to the service of court process that is contained on this web site is general information and not intended to be an exhaustive or definitive explanation or depiction of Federal rules of procedures for the service of process. Readers are directed to the Federal Rules of Criminal and Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28; their local U.S. Attorney's Office and District Court for specific, authoritative guidance.

The General Assembly today overwhelmingly backed protections for the human rights of indigenous peoples, adopting a landmark declaration that brought to an end nearly 25 years of contentious negotiations over the rights of native people to protect their lands and resources, and to maintain their unique cultures and traditions.

Countries voting against the Declaration said they could not support it because of concerns over provisions on self-determination, land and resources rights and, among others, language giving indigenous peoples a right of veto over national legislation and State management of resources.

Speaking in explanation of vote before the text was adopted, Canada's representative said that, unfortunately, the provisions in the Declaration on lands, territories and resources were overly broad, unclear, and capable of a wide variety of interpretations, discounting the need to recognize a range of rights over land and possibly putting into question matters that have been settled by treaty.

The Assembly also approved a draft decision contained in paragraph 14 of the report of the Ad Hoc Working Group on Assistance and Support to Victims of Sexual Exploitation and Abuse (document A/61/1044). By that action, the Assembly decided to defer the convening of a substantive session of the Ad Hoc Open-Ended Working Group to its sixty-second session. It also requested the Working Group to meet from 3 to 7 December to submit a report on its work to the Assembly at the sixty-second session.

Assembly President Sheika Haya said that Ms. Brooks-Randolph had been the first Associate Justice of Liberia and had a distinguished career in Government administration, legal education and the promotion of gender equality. In 1969, she became the first African woman to be elected President of the Assembly.

Paying tribute were the representatives of Zimbabwe (on behalf of the African Group), Philippines (on behalf of the Asian States Group), Montenegro (on behalf of the Eastern European States Group), Paraguay (on behalf of the Group of Latin American and Caribbean States), Switzerland (on behalf of the Western European and Other States Group), Liberia and Luxembourg.

The Assembly was also expected to take action on draft resolutions concerning the prevention of armed conflict (document A/61/L.68), zone of peace and cooperation of the South Atlantic (document A/61/L.66), and the report of the Human Rights Council, which included a draft resolution on a Declaration on the Rights of Indigenous Peoples (document A/61/L.67).

Following that action, ISMAEL GASPAR MARTINS (Angola), chair of the permanent committee on the zone, introduced the draft resolution on zone of peace and cooperation of the South Atlantic (document A/61/L.66), saying more than 20 years ago, the United Nations had declared the South Atlantic a zone of peace and cooperation among its members. Today, the zone was an effective interregional mechanism for cooperation in the areas of development, peace and security among its 24 member States. Among others, in the area of crime prevention and combating drug trafficking and the illicit trade in small arms, including piracy, the members of the zone were committed to cooperate, among others, for the full implementation of the relevant United Nations programmes of action and ensuring the exchange of information, experiences and lessons learned related to the reinforcement of boarder security, arms control policies and systems.

Following that decision, the Assembly approved a draft decision contained in paragraph 14 of the report of the Ad Hoc Working Group on Assistance and Support to Victims of Sexual Exploitation and Abuse (document A/61/1044).

By that action, the Assembly decided to defer the convening of a substantive session of the Ad Hoc Open-Ended Working Group to its sixty-second session. It also requested the Working Group to meet from 3 to 7 December to submit a report on its work to the Assembly at the sixty-second session.

Acting on the recommendations of the Secretary-General, the Assembly then decided to defer to its sixty-second session consideration of the report of the United Nations Peacebuilding Fund (document A/62/137).

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