PRELIMINARY DRAFT - NOT FOR CIRCULATION

Prepared by the Global Resource Action Center for the Environment (GRACE)
Convenor of the Abolition 2000 Working Group for Sustainable Energy

Contact: Leslie Seff, Alice Slater
GRACE
15 East 26 St, Suite 915
New York, NY 10010
212-726-9161 (tel)
212-726-9160 (fax)
aslater@gracelinks.org
http://www.gracelinks.org/

TABLE OF CONTENTS
  1. Establishment of the Agency
  2. Objectives
    1. for climate protection
    2. for environmental protection
    3. for equitable access to industrial and energy development
    4. for industrial innovation
  1. Definitions
    1. Sustainable Energy
    2. Unsustainable Energy
  1. Functions
    1. Agency scope and application
    2. Conduct of agency activities
    3. Assistance to members
  1. Membership
    1. Signature and Ratification
    2. Instruments of Acceptance
    3. Sovereign Equality of Members
  1. General Conference
    1. General provisions for annual session(s)
    2. Delegate representation
    3. Election of President and Officers
    4. Scope of discussions and recommendations to membership
    5. Functions
    6. Decisions referred by or/for Board consideration
  1. Board of Governors
    1. Composition
    1. Preparatory Commission
    2. Designation for Membership by region
    3. Elections to membership
    1. Timing of designations and elections per sessions
    2. Term(s) if office for preparatory commission
    3. Term(s) of office for elected members (and/or designees)
    4. Voting
    5. Implementation Authority
    6. Meetings of Board of Governors
    7. Election of Chairman
    8. Establishment of Committees
    9. Preparation of Annual Report

 

 

 

 

  1. Staff
    1. Director General
    2. Functions of Director General
    3. Qualifications of Staff
    4. Recruitment of Staff
    5. Terms and Conditions for appointment, remuneration and dismissal
    6. Performance of staff duties and effects external to Agency
  1. Exchange of Information
    1. General provisions regarding availability
    2. Scientific and Technical information
    3. Assembly and distribution of information
  1. Services, Equipment and Facilities
  2. Agency Projects
    1. Requests for assistance
    2. Securing of financing
    3. Supplying of materials, services, equipment and facilities
    4. Examination of projects
    5. Considerations influencing project approval
    6. Entrance into Agreement
    7. Application of provision
    8. Special activities of members
  1. Reimbursement of Members
  2. Financing and Funding
    1. Submission of annual budget estimates
    2. Expenditures
    1. Administrative
    2. Other
    1. Apportionment of expenses by Board
    2. Exercise of borrowing powers
    3. Authority use of funds or appropriations
    4. Decisions requiring 2/3 majority
    5. Designation of financial advisors to Board
  1. Privileges and immunities
    1. General provisions
    2. Provisions as applied to delegates, governors, Director General and agency staff
    3. Definitions pursuant to separate agreement
  1. Relationship with other organizations
    1. Authority to enter into agreement(s)
    2. Provision of agreement(s)
    1. Submission of reports
    2. Consideration of resolutions
    3. Establishment of relationships with non-participating members and others
  1. Settlement of Disputes
    1. General provision
    2. Request for advisory opinion from ICJ.
  1. Amendments and withdrawals
    1. Amendments and certified copies
    2. General review of provisions
    3. Coming into force of amendments
    4. Withdrawal from Agency
    5. Contractual obligations notwithstanding withdrawal
  1. Suspension of Privileges
    1. Effect of payment arrears on voting privileges
    2. Suspension from membership privileges
  1. Signature, acceptance, and entry into force
    1. Opening date for signature
    2. Deposit of instrument(s) of ratification
    3. Designation of depositary government
    4. Accordance with States constitutional processes
    5. Coming into force
    6. Depositary government notification to states signatory’s
    7. Annex provisions
  1. Registration with the United Nations
    1. Registration with depositary government
    2. Agreements to be registered with the Agency
  1. Authentic texts and certified copies
    1. Authenticated copies in translation

 

ANNEX - Preparatory Commission

    1. Coming into existence
    2. Provision of expenses
    3. Functions
    1. Election of officers and rules of procedure
    2. Appointment of officers and staff
    3. Organization of 1st sessions of General Conference
    4. Designation for membership on 1st Board of Governors
    5. Authority for reports and recommendations for 1st Session General Conference
    6. Recommendation for 1st Meeting of Board
    7. Entrance into negotiations with United Nations
    8. Recommendations concerning Article XVI.

 

 

 

 

 

 

International Sustainable Energy Agency

Article I Establishment of the Agency

The Parties hereto establish an International Sustainable Energy Agency (hereinafter referred to as "the Agency" or "ISEA") upon the terms and conditions hereinafter set forth.

Article II Objectives

The Agency shall seek to accelerate and enlarge the contribution worldwide of technologies for sustainable energy and efficiency toward achieving a higher quality of life for all people, as set forth more fully herein:

    1. for climate protection: to rapidly reduce and eliminate emissions of greenhouse gases, at a pace dictated by the best available climate science and reflecting existing international commitments or targets for same;
    2. for environmental protection: to reduce and eliminate non-greenhouse energy-related pollutants affecting air, water and land;
    3. for equitable access to industrial and energy development: to ensure the equitable global development, distribution and widest availability of sustainable energy technologies to member states, in order for each state to reduce to the maximum and ultimately eliminate its dependence on costly and polluting imported fuels, and to benefit the social and economic development of such states, particularly developing ones;
    4. for industrial innovation: to promote the accelerated development of a new range of sustainable energy industries for the 21st century.

Article III Definition of Sustainable Energy

  1. Sustainable energy is defined as energy which, in its production or consumption, has minimal negative impacts on human health and the healthy functioning of vital ecological systems, including the global environment, and that can be supplied continuously to future generations on earth., Such forms of energy include, but are not limited to the following: solar thermal, solar photo-voltaic (PV), wind, hybrid wind-solar, fuel cell, bio-mass (including agricultural residue), geothermal, small-scale (mini- and pico-) hydro-electric, and tidal. This definition specifically excludes nuclear and fossil fuel energy or their "improvements" as an option thereof.
  2. Unsustainable energy is defined as energy which, in its production or consumption, has significant negative impacts on human health and the healthy functioning of vital ecological systems, including the global environment, and that cannot be supplied continuously to future generations on earth. Such forms of energy include nuclear energy, fossil fuel energy and large- scale hydro-electric.

 

Article IV Functions

  1. The Agency is authorized:
    1. To assist member states in identifying and effectively harnessing their national sustainable resources and efficiency potentials, in promoting conservation, the efficient use of energy and long-term energy security, and in diversifying into sustainable forms of energy while protecting the environment;
    2. To conduct and stimulate research, development, and deployment of sustainable energy technologies in cooperation with member states; and, if requested to do so, to act as an intermediary for the purposes of securing the performance of services or the supplying of materials, equipment, or facilities by one member of the Agency for another; and to perform any operation or service useful in research, development, or deployment of sustainable energy technologies;
    3. To make provision, in accordance with this Statute, for materials, services, equipment and facilities, including,but not limited to sustainable transport and delivery systems, to meet the needs of research on, and development and deployment of sustainable energy technologies; and to acquire or establish any facilities, plant and equipment useful in carrying out its authorized functions;
    4. To assist member states in meeting regional, international, or national targets for greenhouse gas reductions and energy efficiency goals falling within the Protocols to the Climate Convention or otherwise;
    5. To help integrate external costs (such as those to health, society and the environment) into national energy policy and pricing decisions and regulations; to assist in the compilation and comparison of national energy policy and data among member states in order to establish effective energy planning; to provide advice on technical aspects of such planning; and to promote indicators to monitor progress in line with overall development goals;
    6. To assist in increasing the commercial market penetration of sustainable energy technologies by, inter alia, helping integrate sustainable energy considerations into the policy making of major energy-consuming sectors of the economy including, but not limited to transport, agriculture, urban planning, construction and industry; to support greater reliance on sustainable energies both in grid-connected and decentralized systems; and to address regulatory issues and promote public participation in same, so as to allow markets to function in harmony with sustainable development objectives;
    7. To facilitate the international transfer of sustainable energy technologies and cooperation in sustainable energy capacity building by, inter alia, acquiring and disseminating to member states the commercial rights of intellectual property to same;
    8. To facilitate the dissemination and exchange of information and expertise in sustainable energy technologies, policies and practice by acting as both a forum and a clearing-house for same among member states;
    9. To create a pool of skilled sustainable energy managers and technologists through education and training programs in energy management, particularly in developing member states;
    10. To liaise with other related agencies, industries, academics, NGO’s (non-government organizations) of member states, and where appropriate, competent organs of the United Nations, in order to enhance regional and international cooperation for a sustainable energy future, and to promote cooperative relations with non-member states and international organizations for same; and to represent the Agency’s objectives at relevant international fora;
    11. To assist in the standardization of norms for the manufacture of sustainable energy technologies and in the evaluation of their efficiency and performance; to provide for the application of these standards to its own operation as well as operations making use of materials, services, equipment, facilities and information made available by the Agency or at its request or under its supervision or control; and to provide for the application of these standards, at the request of the parties, to operations under any bilateral or multilateral arrangements, or, at the request of a member state, to any of that state’s activities in the field of sustainable energy;
    12. To monitor sustainable energy projects in member states and provide reports based on the standards of efficiency and performance created by paragraph seven, and to serve as a repository for same; and to monitor energy developments in non-member states;

    13. To administer funds and financial advice for the financing of specific sustainable energy programs and pilot projects, especially those in developing countries, while minimizing administration costs; to administer and disburse funding to approved projects from a specially-created fund; to assist in identifying sources of public and private funding and to attract investment, and to advise on financing options. Special focus shall be directed toward providing sustainable energy access to rural and low-income areas (with the concurrent goal of poverty alleviation) and toward assisting developing countries in diversifying into sustainable forms of energy:
    14. To assist member states in identifying, phasing out, or ending government subsidies for unsustainable forms of energy.
  1. In carrying out its functions, the Agency shall:
  1. Conduct its activities in accordance with the purposes and principles of the United Nations to promote peace and international cooperation; and in accordance with the Agenda for Development adopted in l997 by the United Nations General Assembly;
  2. Allocate its resources in such a manner as to secure their efficient utilization and ensure the greatest possible general benefit in all areas of the world, bearing in mind the needs of the underdeveloped and decentralized areas thereof;
  3. Submit reports on its activities annually to the General Assembly of the United Nations, and as required, to the United Nations Economic and Social Council, the UN Development Programme, the UN Commission for Sustainable Development, or other organs of the United Nations on matters within their competency and purview;
  1. In carrying out its functions, the Agency shall not make assistance to members subject to any political, economic, or other conditions incompatible with the provisions of this Statute.

Article V Membership

  1. Members of the Agency shall be those States Members, whether or not Members of the United Nations, which shall have signed this Statute within ninety days after it is opened for signature and shall have deposited an instrument of ratification.
  2. Other members of the Agency shall be those States, whether or not Members of the United

    3. Nations, which deposit an instrument of acceptance of this Statute after their membership has been approved by the General Conference upon the recommendation of the Board of Governors. In recommending and approving a State for membership, the Board of Governors and the General Conference shall determine that the State is able and willing to carry our the obligations of membership in the Agency, giving due consideration to its ability and willingness to act in accordance with the purposes and principles of the Charter of the United Nations.

  3. The Agency is based on the principle of the sovereign equality of all its members; and all

members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligation assumed by them in accordance with this Statute.

Article VI General Conference

  1. A General Conference consisting of representatives of all members shall meet in a regular

    2. annual session and in such special sessions as shall be convened by the Director General at the request of the Board of Governors or of a majority of the members. The sessions shall take place at the headquarters of the Agency unless otherwise determined by the General Conference.

  2. At such sessions, each member shall be represented by one delegate who may be

    3. accompanied by alternates and by advisers. The cost of attendance of any delegation shall be borne by the member concerned.

  3. The General Conference shall elect a President and such other officers as may be required at

    4. the beginning of each session. They shall hold office for the duration of the session. Subject to the provisions of this Statute, the General Conference shall adopt its own rules of procedure. Each member shall have one vote. Decisions shall be made by a majority of the members present and voting, except as to those decisions pursuant to the Agency’s budget and finance, amendments to the Statute, and the suspension of privileges, which shall require a two-thirds majority of the members present and voting. Decisions on other questions, including the determination of additional questions or categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting. A majority of members shall constitute a quorum.

  4. The General Conference may discuss any questions or any matters within the scope of this

    5. Statute or relating to the powers and functions of any organs provided for in this Statute, and may make recommendations to the membership of the Agency or to the Board of Governors or to both on any such questions or matters.

  5. The General Conference shall:
  1. Elect members of the Board of Governors in accordance with article VII;
  2. Approve States for membership in accordance with article V;
  3. Suspend a member from the privileges and rights of membership in accordance with article XIX;
  4. Consider the annual report of the Board;
  5. In accordance with article XIV, approve the budget of the Agency recommended by the

    6. Board or return it to the Board with recommendations as to its entirety or parts for resubmission to the General Conference;

  6. Approve reports to be submitted to the United Nations as required by the relationship

    7. agreement between the Agency and the United Nations, or return them to the Board with recommendations;

  7. Approve any agreement(s) between the Agency and the United Nations and

    8. other organizations as provided in article XVI or return such agreement(s) with recommendations to the Board, for resubmission to the General Conference;

  8. Approve rules and limitations regarding the exercise of borrowing powers by the Board

    9. in accordance with paragraph D of article XIV; approve rules regarding the acceptance of voluntary contributions to the Agency; approve the manner in which the general fund is to be used;

  9. Approve amendments of this Statute in accordance with paragraph C of article XVIII;
  10. Approve the appointment of the Director General in accordance paragraph A of article VIII;

 

 

 

F The General Conference shall have the authority:

  1. To take decisions on any matter specifically referred to the General Conference for this

    2. purpose by the Board;

  2. To propose matters for consideration by the Board and request from the Board reports on

any matter relating to the function of the Agency;

Article VII Board of Governors

  1. The Board of Governors shall be composed as follows:

1. The first Board of Governors shall be designated by a Preparatory Commission in accordance with paragraph 4 of the ANNEX to this Statute. Thereafter:

  1. The outgoing Board of Governors shall designate for membership on the Board nine member states most advanced in the technology of , or advocacy for sustainable energy, including those whose needs for same are largely unmet, one from each of the following regions:

  1. North America
  2. Latin America
  3. Western Europe
  4. Central and Eastern Europe
  5. Africa
  6. Middle East
  7. Central Asia and Far East
  8. South and Southeast Asia
  9. Pacific
  1. The General Conference shall elect to membership of the Board of Governors eighteen members, two from each of the regions listed in sub-paragraph A-2. of this article, with due regard to their equitable representation on the Board as a whole. Each member at the General Conference shall have one vote.
  1. The designations provided for in sub-paragraph A-1 of this article shall take place not less

than sixty days before each regular annual session of the General Conference. The elections provided for in sub-paragraph A-2 of this article shall take place at regular sessions of the General Conference, once every [four?] years.

C. Members represented on the Board of Governors in accordance with sub-paragraph A-1 of this article shall hold office from the end of the next regular annual session of the General Conference after their designation until the end of the following regular annual session of the General Conference.

D. Members represented on the Board of Governors in accordance with sub-paragraph A-2 of this article shall hold office from the end of the regular annual session of the General Conference at which they are elected until the end of the second regular annual session of the General Conference thereafter.

E. Each member of the Board of Governors shall have one vote. Decisions on budget and finance shall be made by a two-thirds majority of those present and voting. Decisions on other questions, including the determination of additional questions or categories of questions to be decided by a two-thirds majority, shall be made by a majority of those present and voting. Two-thirds of all members of the Board shall constitute a quorum.

F. The Board of Governors shall have the authority to carry out the functions of the Agency in accordance with this Statute, subject to its responsibilities to the General Conference as provided in this Statute.

  1. The Board of Governors shall meet at such times as it may determine. The meetings shall

    2. take place at the headquarters of the Agency unless otherwise determined by the Board.

  2. The Board of Governors shall elect a Chairman and other officers from among its members and, subject to the provisions of this Statute, shall adopt its own rules of procedure.
  3. The Board of Governors may establish such committees as it deems advisable. The Board may appoint persons to represent it in its relations with other organizations.
  4. The Board of Governors shall prepare an annual report to the General Conference concerning

the affairs of the Agency and any projects approved by the Agency. The Board shall also prepare for submission to the General Conference such reports as the Agency is or may be required to make to the United Nations or to any other organization the work of which is related to that of the Agency. These reports, along with the annual reports, shall be submitted to members of the Agency at least one month before the regular annual session of the General Conference.

Article VIII Staff

  1. The staff of the Agency shall be headed by a Director General. The Director General shall be

    2. appointed by the Board of Governors with the approval of the General Conference for a term of four years. He or she shall be the chief administrative officer of the Agency.

  2. The Director General shall be responsible for the appointment, organization, and functioning

    3. of the staff and shall be under the authority of and subject to the control of the Board of Governors. He or she shall perform his duties in accordance with regulations adopted by the Board.

  3. The staff shall include such qualified scientific, technical and other personnel as may be

    4. required to fulfill the objectives and functions of the Agency. The Agency shall be guided by the principle that its permanent staff shall be kept to a minimum.

  4. The paramount consideration in the recruitment and employment of the staff and in the

    5. determination of the conditions of service shall be to secure employees of the highest standards of efficiency, technical competence, and integrity. Subject to this consideration, due to regard shall be paid to the contributions of members to the Agency and to the importance of recruiting the staff on as wide a geographic basis as possible.

  5. The terms and conditions on which the staff shall be appointed, remunerated, and dismissed

    6. shall be in accordance with regulations made by the Board of Governors, subject to the provisions of this Statute and to the general rules approved by the General Conference on the recommendation of the Board.

  6. In the performance of their duties, the Director General and the staff shall not seek or receive

instructions from any source external to the Agency. They shall refrain from any action which might reflect poorly on their position as officials of the Agency; subject to their responsibilities to the Agency, they shall not disclose any industrial secret or other confidential information coming to their knowledge by reason of their official duties for the Agency. Each member undertakes to respect the international character of the responsibilities of the Director General and the staff and shall not seek to influence them in the discharge of their duties.

Article IX Exchange of Information

  1. Each member should make available such information as would, in the judgement of the

    2. member, be helpful to the Agency.

  2. Each member shall make available to the Agency all scientific and technical information

    3. developed as a result of assistance extended by the Agency pursuant to article XI

  3. The Agency shall assemble and make available in an accessible form the information made

available to it under paragraphs A and B of this article. It shall take positive steps to encourage the exchange among its members of information relating to sustainable energy and shall serve as an intermediary among its members for this purpose.

Article X Services, Equipment, and Facilities

Members may make available to the Agency such services, equipment, and materials as they deem advisable and on such terms as shall be agreed with the Agency, which may be of assistance in fulfilling the Agency’s objectives and functions.

 

 

Article XI Agency Projects

  1. Any member or group of members of the Agency desiring to set up any project for research

    2. on, development, or deployment of sustainable energy may request the assistance of the Agency in securing services, equipment, materials and facilities necessary for this purpose. Any such request shall be accompanied by an explanation of the purpose and extent of the project and shall be considered by the Board of Governors.

  2. Upon request, the Agency may also assist any member or group of members to make

arrangements to secure necessary financing from outside sources to carry out such projects. In extending this assistance, the Agency will not be required to provide any guarantees or to assume any financial responsibility for the project.

C. The Agency may arrange for the supplying of any materials, services, equipment, and

facilities necessary for the project by one or more members or may itself undertake to provide any or all of these directly, taking into consideration the wishes of the member or members making the request.

  1. For the purpose of considering the request, the Agency may send into the territory of the

    2. member or group of members making the request a person or persons qualified to examine the project. For this purpose the Agency may, with approval of the member or group of members making the request, use members of its own staff or employ suitably qualified nationals of any member.

  2. Before approving a project under this article, the Board of Governors shall give due

consideration to:

  1. The usefulness of the project, including its scientific and technical feasibility;

2. The adequacy of plans, funds, and technical personnel to assure the effective execution of the

project;

3. The inability of the member or group of members making the request to secure the necessary

finances, materials, facilities, equipment, or services;

4. The equitable distribution of materials and other resources available to the Agency;

5. The special needs of the developing countries of the world;

6. Such other matters as may be relevant;

F. Upon approving a project, the Agency shall enter into an agreement with the member or group of members submitting the project, which agreement shall:

1. Set forth the terms and conditions, including charges, on which any materials, services, equipment, or facilities are to be provided by the Agency itself, and, if any such materials, services, equipment, and facilities are to be provided by a member, the terms and conditions as arranged for by the member or group of members submitting the project and the supplying member;

2. Make appropriate provision regarding the rights and interests of the Agency and the member or members concerned in any inventions or discoveries, or any patents or other intellectual property therein, arising from the project;

3. Make appropriate provision regarding settlement of disputes;

4. Include such other provisions as may be appropriate;

G. The provisions of this article shall also apply where appropriate to a request for materials, services, facilities, or equipment in connection with an existing project.

H. Any two or more participating member states may decide to carry out within the scope of the Agency’s objectives special activities other than activities which may be required to be carried out by all participating member states under this Statute. Members who do not wish to take part in such activities shall abstain from taking part in such decisions and shall not be bound by them. Participating states carrying out such activities shall keep the Board of Governors informed thereof.

ARTICLE XII Reimbursement of members

Unless otherwise agreed upon between the Board of Governors and the member furnishing to the Agency materials, services, equipment, or facilities, the Board shall enter into an agreement with such member providing for reimbursement for the items furnished.

ARTICLE XIII Finance and Funding

A. The Board of Governors shall submit to the General Conference the annual budget estimates for the expenses of the Agency. To facilitate the work of the Board in this regard, the Director General shall initially prepare the budget estimates. If the General Conference does not approve the estimates, it shall return them together with its recommendations to the Board. The Board shall then submit further estimates to the General Conference for its approval.

B. Expenditures of the Agency shall be classified under the following categories:

  1. Administrative expenses. These shall include:
  1. Costs of the staff of the Agency other than the staff employed in connection with materials, services, equipment, or facilities referred to in sub paragraph B-2 below;

(b) costs of meetings; and
  1. expenditures required for the preparation of Agency projects and for the distribution of information.

  1. Expenses, other than those included in sub-paragraph 1 of this paragraph, in connection with any materials, facilities, or equipment acquired or established by the Agency in carrying out its authorized functions, and the costs of materials, services, equipment, or facilities provided by it under agreements with one or more members.

C. The Board of Governors shall apportion the expenses referred to in sub- paragraph B-1 above, among members in accordance with a scale to be fixed by the General Conference. In fixing the scale, the General Conference shall be guided by the principles adopted by the United Nations in assessing the contributions of Member States to its regular budget.

D. Subject to rules and limitations approved by the General Conference, the Board of Governors shall have the authority to exercise borrowing powers from multilateral lending institutions on behalf of the Agency without, however, imposing on members of the Agency any liability in respect of loans entered into pursuant to this authority, and to accept voluntary contributions made to the Agency..

E. The Board of Governors shall have the authority to use funds or appropriations made available, inter alia, by the World Bank; or otherwise.

  1. Decisions of the General Conference on financial questions and of the Board of Governors on the amount of the Agency's budget shall require a two- thirds majority of those present and voting.

G. The Board of Governors shall have the authority to designate an organ of the Agency to advise the Board as required on the financial administration of the Agency and to give its opinion on the annual and other budget proposals submitted to the Board.

ARTICLE XIV Privileges and immunities

A. The Agency shall enjoy in the territory of each member such legal capacity and such privileges and immunities as are necessary for the exercise of its functions.

B. Delegates of members together with their alternates and advisers, Governors appointed to the Board together with their alternates and advisers, and the Director General and the staff of the Agency, shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection with the Agency.

C. The legal capacity, privileges, and immunities referred to in this article shall be defined in a separate agreement or agreements between the Agency, represented for this purpose by the Director General acting under instructions of the Board of Governors and the members.

ARTICLE XV Relationship with other organizations

  1. The Board of Governors, with the approval of the General Conference, is authorized to enter into an agreement or agreements establishing an appropriate relationship between the Agency and the United Nations and any other organizations the work of which is related to that of the Agency.
  2. The agreement or agreements establishing the relationship of the Agency and the United Nations shall provide for:
  1. Submission by the Agency of reports as provided for in sub-paragraphs B- 3 and B- 4 of article IV;
  2. Consideration by the Agency of resolutions relating to it adopted by the General Assembly or any of the Councils of the United Nations and the submission of reports, when requested, to the appropriate organ of the United Nations on the action taken by the Agency or by its members in accordance with this Statute as a result of such consideration.
  3. In order to achieve its objectives, the Agency may establish appropriate relationships with states which are not participating members, international organizations, whether governmental or non-governmental, other entities and individuals.

ARTICLE XVI Settlement of disputes

A. Any question or dispute concerning the interpretation or application of this Statute which is not settled by negotiation shall be referred to the International Court of Justice in conformity with the Statute of the Court, unless the parties concerned agree on another mode of settlement.

B. The General Conference and the Board of Governors are separately empowered, subject to authorization from the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on any legal question arising within the scope of the Agency's activities.

ARTICLE XVII Amendments and withdrawals

A. Amendments to this Statute may be proposed by any member. Certified copies of the text of any amendment proposed shall be prepared by the Director General and communicated by him to all members at least ninety days in advance of its consideration by the General Conference.

B. At the [fifth] annual session of the General Conference following the coming into force of this Statute, the question of a general review of the provisions of this Statute shall be placed on the agenda of that session. On approval by a majority of the members present and voting, the review will take place at the following General Conference. Thereafter, proposals on the question of a general review of this Statute may be submitted for decision by the General Conference under the same procedure.

C. Amendments shall come into force for all members when:

1. Approved by the General Conference by a two-thirds majority of those present and voting after consideration of observations submitted by the Board of Governors on each proposed amendment, and

2. Accepted by two-thirds of all the members in accordance with their respective constitutional processes. Acceptance by a member shall be effected by the deposit of an instrument of acceptance with the depositary Government referred to in paragraph C of article XIX.

D. At any time after five years from the date when this Statute shall take effect in accordance with paragraph E of article XIX or whenever a member is unwilling to accept an amendment to this Statute, it may withdraw from the Agency by notice in writing to that effect given to the depositary Government referred to in paragraph C of article XIX, which shall promptly inform the Board of Governors and all members.

E. Withdrawal by a member from the Agency shall not affect its contractual obligations entered into pursuant to article XI or its budgetary obligations for the year in which it withdraws.

ARTICLE XVIII Suspension of privileges

A. A member of the Agency which is in arrears in the payment of its financial contributions to the Agency shall have no vote in the Agency if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two years. The General Conference may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member.

B. A member which has persistently violated the provisions of this Statute or of any agreement entered into by it pursuant to this Statute may be suspended from the exercise of the privileges and rights of membership by the General Conference acting by a two- thirds majority of the members present and voting upon recommendation by the Board of Governors.

 

ARTICLE XIX Signature, acceptance, and entry into force

A. This Statute shall be open for signature on _________ 2001 for the _______th Session of the Commission on Sustainable Development by all States Members of the United Nations or of any of the specialized agencies and shall remain open for signature by those States for a period of ninety days.

B. The signatory States shall become parties to this Statute by deposit of an instrument of ratification.

C. Instruments of ratification by signatory States and instruments of acceptance by States whose membership has been approved under paragraph B of article V of this Statute shall be deposited with the Government of __________?, hereby designated as depositary Government.

D. Ratification or acceptance of this Statute shall be effected by States in accordance with their respective constitutional processes.

E. This Statute, apart from the Annex, shall come into force when eighteen States have deposited instruments of ratification in accordance with paragraph B of this article. Instruments of ratification and instruments of acceptance deposited thereafter shall take effect on the date of their receipt.

F. The depositary Government shall promptly inform all States signatory to this Statute of the date of each deposit of ratification and the date of entry into force of the Statute. The depositary Government shall promptly inform all signatories and members of the dates on which States subsequently become parties thereto.

G. The Annex to this Statute shall come into force on the first day this Statute is open for signature.

ARTICLE XX Registration with the United Nations

A. This Statute shall be registered by the depositary Government pursuant to Article 102 of the Charter of the United Nations.

B. Agreements between the Agency and any member or members, agreements between the Agency and any other organization or organizations, and agreements between members subject to approval of the Agency, shall be registered with the Agency. Such agreements shall be registered by the Agency with the United Nations if registration is required under Article 102 of the Charter of the United Nations.

ARTICLE XXI Authentic texts and certified copies

  1. This statute, executed in the following languages:_____, _____________, each being equally authentic, shall be deposited in the archives of the depositary Government. Duly certified copies of this Statute shall be transmitted by the depositary Government to the Governments of the other signatory States and to the Governments of States admitted to membership under paragraph B of article V.

In witness whereof the undersigned, duly authorized, have signed this Statute.

EXECUTED at the Headquarters of the United Nations, this ______day of April, year two- thousand and one.

ANNEX PREPARATORY COMMISSION

A. A Preparatory Commission shall come into existence on the first day this Statute is open for signature. It shall be composed of one representative from each of the nine regions enumerated above in Article VII-A-2 of this Statute. The Preparatory Commission shall remain in existence until this Statute comes into force, and thereafter until the General Conference has convened and a Board of Governors has been selected in accordance with article VII.

B. The expenses of the Preparatory Commission may be met by a loan provided by the United Nations and for this purpose the Preparatory Commission shall make the necessary arrangements with the appropriate authorities of the United Nations, including arrangements for repayment of the loan by the Agency. Should these funds be insufficient, the Preparatory Commission may accept advances from Governments. Such advances may be set off against the contributions of the Governments concerned to the Agency.

C. The Preparatory Commission shall:

1. Elect its own officers, adopt its own rules of procedure, meet as often as necessary, determine its own place of meeting and establish such committees as it deems necessary;

2. Appoint an executive secretary and staff as shall be necessary, who shall exercise such powers and perform such duties as the Commission may determine;

3. Make arrangements for the first session of the General Conference, including the preparation of a provisional agenda and draft rules of procedure, such session to be held as soon as possible after the entry into force of this Statute;

4. Make designations for membership on the first Board of Governors in accordance with sub- paragraphs A- l and A- 2 and paragraph B of article VII;

5. Make studies, reports, and recommendations for the first session of the General Conference and for the first meeting of the Board of Governors on subjects of concern to the Agency requiring immediate attention, including (a) the financing of the Agency; (b) the programs and budget for the first year of the Agency; (c) technical problems relevant to advance planning of Agency operations; (d) the establishment of a permanent Agency staff; and (e) the location of the permanent headquarters of the Agency;

6. Make recommendations for the first meeting of the Board of Governors concerning the provisions of a headquarters agreement defining the status of the Agency and the rights and obligations which will exist in the relationship between the Agency and the host Government;

7. (a) Enter into negotiations with the United Nations with a view to the preparation of a draft agreement in accordance with article XVI of this Statute, such draft agreement to be submitted to the first session of the General Conference and to the first meeting of the Board of Governors;

(b) Make recommendations to the first session of the General Conference and to the first meeting of the Board of Governors concerning the relationship of the Agency to other international organizations as contemplated in article XVI of this Statute.

 

FINI