Treaty of the Exumbran Convention

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This is the text of the founding treaty of the Exumbran Convention.

Important note: Any text in small blue font like this is an explanatory (or other kind of) comment and not part of the official text of the treaty.



The State of Adzhatia, the Ataxunist Republic of Chimor, the Democratic People's Republic of the Dhram River Valley, the Democratic Republic of Harrawi, the Republic of Huenan, the Republic of Khusqaikama, the Unified Democratic Republic of Kpwahele and Nɣurumba, the Kingdom of Kronenburg, and the Duchy of New Courland, represented at the August 23, 2012 summit in Louise Charlotte, New Courland,

Preamble

Convinced that international cooperation contributes to peace, stability and development of this world;
Confident that cooperation between their nations will increase their people’s welfare;
Resolved to reinforce the voice of non-aligned nations by their cooperation;
Conscious of their nation’s underlying values;

AGREE

Article 1: Constitution of the EXUMBRAN CONVENTION

The nations party to this treaty decide to constitute the Exumbran Convention as an entity with international juridical character.

Article 2: Objective

The objective of the Exumbran Convention is:

  1. to exchange industrial and technological knowledge and ideas, and to cooperate in the further development thereof, in order to let its member states profit from each other’s knowledge and strengths,
  2. to promote the links between (applied) science and industry within and between countries and between scientists and companies in the member states,
  3. to support the economic development of its member states by all appropriate means, and
  4. to promote other forms of cooperation and exchange of ideas between its member states in support of the aforementioned first two, 'primary' objectives.

Article 3: Bodies

The bodies of the Exumbran Convention are:

  1. The Council of Heads of State and Government (CHSG)
  2. The Parliament of the Exumbran Convention (PEC)
  3. The Permanent Preparational Office (PPO)

Article 4: Commissions

The commissions of the Exumbran Conventions are:

  1. The Exumbran Scientific Commission (ESC)
  2. The Exumbran Development Commission (EDC)
  3. The Exumbran Integration Commission (EIC)
  4. The Exumbran Social Investment Bank (ESIB)

Other sectoral ministerial meetings, and meetings of the councils at ministerial level, working groups and other institutional levels may be convened as required on a permanent or temporary basis, in order to fulfill the mandates and recommendations of the competent bodies. These bodies will report on their activities through the Permanent Preparational Office, which will present its findings to the Council of Heads of State and Government.

The agreements adopted by the sectoral ministerial meetings, councils at ministerial level, working groups and other institutional levels will be submitted for consideration by the competent body which has summoned or created them.

Regulations with regards to the commissions, their activities, their finances, and their subordinate institutes enter into force with this treaty in accordance with ARTICLE 19. These regulations are:

  1. Exumbran Council Regulation on the Exumbran Scientific Commission (ECR.ESC)
  2. Exumbran Council Regulation on the Exumbran Development Commission (ECR.EDC)
  3. Exumbran Council Regulation on the Exumbran Integration Commission (ECR.EIC)
  4. Exumbran Council Regulation on the Exumbran Social Investment Bank (ECR.ESIB)

Article 5: The Council of Heads of State and Government

The Council of Heads of State and Government (CHSG) is the highest organ of the Exumbran Convention.

Its responsibilities are:

  1. To adopt and amend Council Regulations, Council Directives, Council Decisions, and Council Recommendations;
  2. To establish policy guidelines, plans of action, programs and projects of the Exumbran cooperation process and to decide on the priorities to be implemented;
  3. To adopt the program budget in accordance with ARTICLE 13 and relevant Council Regulations;
  4. To summon sectoral ministerial meetings and to create councils at ministerial level;
  5. To decide on the proposals presented by the Permanent Preparational Office;
  6. To adopt the political guidelines for relation with third parties.

The ordinary meetings of the Council of Heads of State and Government will be held annually. Upon the request of a member state, extraordinary meetings may be summoned through the Permanent Preparational Office, subject to the consensus of all member states of the Exumbran Convention.

comment: The CHSG is better know under its unofficial name "Exumbran Council".

Article 6: The Parliament of the Exumbran Convention

The Parliament of the Exumbran Convention (PEC) advices the Council of Heads of State and Government (CHSG) in all issues on the CHSG's agenda.

The PEC convenes prior to a CHSG meeting. The way of convention and other procedures are decided by the PEC itself, except for what is regulated in this treaty or by the CHSG.

The number of seats in the PEC per member state is the square root of its population size, divided by 200, rounded to the nearest integer, plus 1. Members of the Exumbran Parliament (MEPs) are elected for a term of four years, and can either be elected by a member state's elected members of parliament(s) or directly by a member state's citizens if the parliament of that member state so prefers. A member state's seats are distributed through a system of proportional representation with remaining seats distributed by largest remainders, such that seats are assigned to official PEC factions first, and then to parties within those factions. All candidate members have to be candidates for political parties that are allowed in their member states, and that are part of official PEC factions. An official PEC faction consists of political parties with seats in the national parliaments of at least three member states, operates as a single party within the PEC as much as possible, and is registered as such at the Permanent Preparational Office.

comment: The PEC is better know under its unofficial name "Exumbran Parliament".

Article 7: The Permanent Preparational Office

The Permanent Preparational Office (PPO) is the body that, under the leadership of the Secretary General, executes the mandates conferred upon it by the organs of the Exumbran Convention and represents them accordingly. The location of the headquarters shall be determined by the Council of Heads of State and Government.

Its responsibilities are:

  1. To prepare, summon, preside over the meetings of the Council of Heads of Sate and Government;
  2. To propose draft acts and legislation for the meetings of the Council of Heads of State and Government;
  3. To prepare and present the annual program of activities of the Exumbran Convention, with dates, venues and agenda of the meetings of its bodies;
  4. To develop and promote political dialogue and coordination between the member states;
  5. To represent the Exumbran Convention in international events, with the prior authorization of the member states;
  6. To implement the policy guidelines for relations with third parties;
  7. To undertake commitments and to sign declarations with third parties, with prior consent of the appropriate bodies of the Exumbran Convention;
  8. To serve as depository of the agreements, acts, and legislation in the framework of the Exumbran Convention and to arrange for their respective publication.

The Permanent Preparational Office will consist of the Permanent Preparational Council (PPC) and administrative and other support staff.

The Permanent Preparational Council will consist of one representative of each member state, known as Permanent Representative, the appointment of whom is decided by the member states themselves.

The Permanent Preparational Office (PPO) and Council (PPC) will be headed by the Secretary General and the Vice Secretary General.

The Secretary General (SG) and the Vice Secretary General (VSG) shall be appointed by the Council of Heads of State and Government. The offices of SG and VSG are incompatible and cannot be held by two persons originating from the same member state. The SG and VSG shall hold office for a term of two years, but can serve multiple terms.

In the selection of the employees of the Permanent Preparational Office, an equitable representation for each member state will be pursued, taking into account, as far as possible, criteria of gender, language, ethnicity and others.

comment: Internally, both the PPO and the PPC are generally referred to as "the office".

Article 8: Juridical Sources

The juridical sources of the Exumbran Convention are the following:

  1. The founding treaty of the Exumbran Convention and other additional instruments;
  2. The agreements concluded by the member states of the Exumbran Convention as a consequence of the instruments mentioned in the item above;
  3. Council Regulations, Council Directives, and Council Decisions;
  4. Commission Regulations, and Commission Decisions.

explanatory note: A "regulation" is a law-like general rule; a "directive" instructs member states to do something or to reach some result, but those member states they can decide themselves how; a "decision" concerns an individual case rather than a general rule. The general term covering all is "Council legislation". "Council acts" covers all other kinds of decisions in the broad sense of the CHSG such as Council Recommendations and resolutions.

Article 9: Legislation procedure

All proposed Council Regulations, Council Directives, Council Decisions, Council Recommendations, and other kinds of proposed acts and legislation by the Council of Heads of State and Government are adopted by triple two-thirds majority, meaning that the proposal is accepted if the favorable votes by their heads of state or government represent at least two-thirds of the member states, two-thirds of the total population of the member states of the Exumbran Convention, and two-thirds of the non-voluntary financial contributions to the Convention.

Article 10: Proposals

One or more member states may submit for the consideration of the Permanent Preparational Office a proposal for adoption by the Council of Heads of State and Government, in accordance with the objectives of the Exumbran Convention and the provisions of ARTICLE 9 of this treaty and applicable Council Regulations.

The proposals will be submitted to the Permanent Preparational Office. Once approved by at least two-thirds of the members of the Permanent Preparational Council, they will be forwarded to the Council of Heads of State and Government. If a proposal is not accepted by the Permanent Preparational Council, it may only be submitted to the Permanent Preparational Office six months after its last inclusion in the agenda.

Programs, institutions and organisations in which member states participate prior to the entry into force of this treaty may be considered as programs, institutions or organisations of the Exumbran Convention, in accordance with the procedures outlined in this article and in accordance with the objectives of this treaty.

Article 11: Political dialogue

The political consultation and coordination among the member states of the Exumbran Convention will be based on harmony and mutual respect, strengthening stability and supporting the preservation of democratic values and the promotion of human rights.

Member states will reinforce the practice of consensus-building on the central themes on the international agenda and will promote initiatives that affirm the identity of the Exumbran Convention as a dynamic factor in international relations.

Article 12: Relationship with third parties

The Exumbran Convention will promote initiatives for dialogue on themes of international interest and will seek to strengthen cooperation mechanisms with other international groups, states and other entities with international legal character, focusing on projects in the areas of science, industry, energy, financing, infrastructure, social policies, education and others to be identified.

The Permanent Preparational Office is responsible for overseeing the implementation of activities. For the purpose of achieving proper coordination, the Permanent Preparational Office shall be informed of and consider the positions that the Exumbran Convention will adopt in its relationship with third parties.

Article 13: Financing

The Permanent Preparational Office will propose to the Council of Heads of State and Government, for consideration and approval, the draft annual ordinary budget for the functioning of the bodies of the Convention as mentioned in ARTICLE 3, and the draft annual commission and program budgets for the functioning of the Commissions as mentioned in ARTICLE 4 and other programs and activities of the Convention.

Size and purpose of commission budgets will be determined by Council Regulation.

The financing of all budgets will be based on differentiated contribution quotas of the member states to be determined by Council Regulation, taking into account the economic capacity of the member states, shared responsibility and the principle of equity.

In case the Council of Heads of State and Government fails to reach agreement on an annual budget, then that budget will be the same as in the preceding year.

Article 14: Observer states

Non-member states that request participation as observer states of the Exumbran Convention may be admitted with the approval of the Council of Heads of State and Government.

The rights and obligations of the observer states will be regulated by the Council of Heads of State and Government.

Article 15: Accession of new members

After six months of the entry into force of the present treaty, the Council of Heads of State and Government may consider requests for accession as member states by observer states by means of a consensual recommendation by the Permanent Preparational Office. The respective protocols of accession will enter into force 30 days after the completion of the ratification process by all member states and the acceding state.

Article 16: Dispute settlement

Any dispute that may emerge between states regarding the interpretation or implementation of the provisions of this founding treaty will be settled through direct negotiations.

In the case where a solution is not reached through direct negotiations, the member states involved will submit the dispute for the consideration of the Permanent Preparational Office, which will formulate within 60 days, the appropriate recommendations for the settlement of the dispute.

If a solution is not reached by the Permanent Preparational Office, the dispute will be taken to the Council of Heads of State and Government, which will consider it at its next meeting.

Article 17: Privileges and immunities

The Exumbran Convention shall enjoy in the territory of each of its member states, the privileges and immunities necessary for the fulfilment of its functions.

The representatives of the member states of the Exumbran Convention and the international employees of the Exumbran Convention will therefore benefit from the privileges and immunities necessary for the independent exercise of their functions with relation to this treaty.

The Exumbran Convention shall establish with Kronenburg the corresponding Headquarters Agreement which will establish the specific privileges and immunities.

Article 18: Official language

The official language of the Exumbran Convention will be English.

Article 19: Associated agreements

The following seven agreements are considered integral part of this treaty and will enter into force with this treaty.

  1. The Agreement on the Exumbran Scientific Commission, to be known and treated as the "Exumbran Council Regulation on the Exumbran Scientific Commission (ECR.ESC)" after entry into force;
  2. The Agreement on the Exumbran Development Commission, to be known and treated as the "Exumbran Council Regulation on the Exumbran Development Commission (ECR.EDC)" after entry into force;
  3. The Agreement on the Exumbran Integration Commission, to be known and treated as the "Exumbran Council Regulation on the Exumbran Integration Commission (ECR.EIC)" after entry into force;
  4. The Agreement on the Exumbran Social Investment Bank, to be known and treated as the "Exumbran Council Regulation on the Exumbran Social Investment Bank (ECR.ESIB)" after entry into force;
  5. The Agreement on the Contribution Quotes of the Exumbran Convention, to be known and treated as the "Exumbran Council Regulation on the Contribution Quotas (ECR.CQ)" after entry into force;
  6. The Agreement on the 2013 Budget of the Exumbran Convention, to be known and treated as the "Exumbran Council Decision on the Ordinary Budget and Commission Budgets for the year 2013" after entry into force;
  7. The Agreement on Transitional Measures and Procedures of the Exumbran Convention.

Article 20: Validity and denunciation

This treaty will have an indefinite validity. It may be denounced by any of the member states by means of a written notification to the depositary, which shall communicate such notification to the other member states.

The denunciation will have effect six (6) months after the date in which the notification is received by the depositary.

The notification of the denunciation shall not exempt the member state of the obligation to pay outstanding ordinary contributions.

Article 21: Amendments

Any member state may propose amendments to this founding treaty. The proposed amendments will be communicated to the Permanent Preparational Office which shall notify the other member states for its consideration by the bodies of the Exumbran Convention.

The amendments approved by the Council of Heads of State and Government will follow the procedure established in ARTICLE 22 for entry into force.

Article 22: Entry into force

The present founding treaty of the Exumbran Convention will enter into force thirty days after the date of receipt of two thirds (2/3) of the instruments of ratification by the member states.

The instruments of ratification will be deposited at the Prime Minister of the Duchy of New Courland, which will communicate the date of the deposit to the other states, as well as the date of entry into force of this founding treaty, and which will transfer all instruments of ratification to the Permanent Preparational Office after entry into force.

For the member state which ratifies the founding treaty after the deposit of two thirds (2/3) of the instruments of ratification, the treaty will enter into force 30 days after the date in which that state deposits its instrument of ratification.

Article 23: Registration

This founding treaty and its amendments will be registered at the United Nations Secretariat.


Done in the city of Louise Charlotte, New Courland, on the 23th day of the month of August of the year 2012, in original copies in the English, Adzhatic, Spanish, Dhramphanese, Harrawi, Khusqaian, Gbene, and Dutch languages, the eight texts being equally authentic.