Section 90p. 90

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

Organization to enter the refuge in the Register of

Cultural Property under Special Protection.

ARTICLE 12

International Register of Cultural Property Under Special

Protection

1. An "International Register of Cultural Property under

Special Protection" shall be prepared.

2. The Director-General of the United Nations Educational,

Scientific and Cultural Organization shall maintain this

Register. He shall furnish copies to the Secretary-General

of the United Nations and to the High Contracting

Parties.

3. The Register shall be divided into sections, each in the

name of a High Contracting Party. Each section shall be

sub-divided

into

three

paragraphs, headed: Refuges,

Centres

containing

Monuments,

Other

Immovable

Cultural Property. The Director-General shall determine

what details each section shall contain.

ARTICLE 13

Requests for Registration

1.

Any

High

Contracting

Party

may

submit

to

the

Director-General

of

the

United

Nations

Educational,

Scientific and Cultural Organization an application for the

entry

in

the

Register

of

certain

refuges,

centres

containing

monuments

or other immovable cultural

property situated within its territory. Such application

shall

contain

a

description

of

the

location of such

property and shall certify that the property complies with

the provisions of Article 8 of the Convention.

2. In the event of occupation, the Occupying Power shall

be competent to make such application.

3. The Director-General of the United Nations Educational,

Scientific and Cultural Organization shall, without delay,

send copies of applications for registration to each of the

High Contracting Parties.

ARTICLE 14

Objections

1. Any High Contracting Party may, by letter addressed to

the Director-General of the United Nations Educational,

Scientific and Cultural Organization, lodge an objection

to the registration of cultural property. This letter must be

received by him within four months of the day on which

he sent a copy of the application for registration.

2. Such objection shall state the reasons giving rise to it,

the only valid grounds being that:

(a) the property is not cultural property;

(b) the property does not comply with the conditions

mentioned in Article 8 of the Convention.

3. The Director-General shall send a copy of the letter of

objection to the High Contracting Parties without delay.

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.

4. The Director-General, or the High Contracting Party

requesting

registration,

may

make

whatever

representations

they

deem

necessary

to

the

High

Contracting Parties which lodged the objection, with a

view to causing the objection to be withdrawn.

5. If a High Contracting Party which has made an

application for registration in time of peace becomes

involved in an armed conflict before the entry has been

made, the cultural property concerned shall at once be

provisionally

entered

in

the

Register,

by

the

Director-General, pending the confirmation, withdrawal

or cancellation of any objection that may be, or may have

been, made.

6. If, within a period of six months from the date of receipt

of the letter of objection, the Director-General has not

received from the High Contracting Party lodging the

objection a communication stating that it has been

withdrawn,

the

High

Contracting Party applying for

registration may request arbitration in accordance with

the procedure in the following paragraph.

7. The request for arbitration shall not be made more than

one year after the date of receipt by the Director-General

of the letter of objection. Each of the two Parties to the

dispute shall appoint an arbitrator. When more than one

objection has been lodged against an application for

registration, the High Contracting Parties which have

lodged the objections shall, by common consent, appoint

a single arbitrator. These two arbitrators shall select a

chief arbitrator from the international list mentioned in

Article 1 of the present Regulations. If such arbitrators

cannot

agree upon their choice, they shall ask the

President of the International Court of justice to appoint a

chief arbitrator who need not necessarily be chosen from

the

international

list.

The

arbitral

tribunal

thus

constituted shall fix its own procedure. There shall be no

appeal from its decisions.

8. Each of the High Contracting Parties may declare,

whenever a dispute to which it is a Party arises, that it

does not wish to apply the arbitration procedure provided

for

in

the

preceding paragraph. In such cases, the

objection

to

an

application for registration shall be

submitted

by

the

Director-General

to

the

High

Contracting Parties. The objection will be confirmed only

if the High Contracting Parties so decide by a two-third

majority of the High Contracting Parties voting. The vote

shall

be

taken

by

correspondence,

unless

the

Director-General

of

the

United

Nations

Educational,

Scientific and Cultural Organization deems it essential to

convene a meeting under the powers conferred upon

him

by

Article

27

of

the

Convention.

If

the

Director-General decides to proceed with the vote by

correspondence, he shall invite the High Contracting

Parties to transmit their votes by sealed letter within six

months from the day on which they were invited to do so.

ARTICLE 15

Registration

1. The Director-General of the United Nations Educational,

Scientific and Cultural Organization shall cause to be

entered in the Register, under a serial number, each item

of property for which application for registration is made,

provided that he has not received an objection within the

time-limit prescribed in paragraph 1 of Article 14.

2. If an objection has been lodged, and without prejudice

to

the

provision

of

paragraph

5

of

Article

14,

the

Director-General shall enter property in the Register only

if the objection has been withdrawn or has faded to be

confirmed following the procedures laid down in either

paragraph 7 or paragraph 8 of Article 14.

3.

Whenever

paragraph

3

of

Article

11

applies,

the

Director-General shall enter property in the Register if so

requested

by

the

Commissioner-General for Cultural

Property.

4. The Director-General shall send without delay to the

Secretary-General of the United Nations, to the High

Contracting Parties, and, at the request of the Party

applying for registration, to all other States referred to in

Articles 30 and 32 of the Convention, a certified copy of

each entry in the Register. Entries shall become effective

thirty days after despatch of such copies.

ARTICLE 16

Cancellation

1. The Director-General of the United Nations Educational,

Scientific

and

Cultural

Organization

shall

cause the

registration of any property to be cancelled:

(a) at the request of the High Contracting Party within

whose territory the cultural property is situated;

(b)

if

the

High

Contracting

Party

which

requested

registration has denounced the Convention, and when

that denunciation has taken effect;

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