2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

ARTICLE 11:   EXCLUSION FROM THIS PROTOCOL

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    11.1   The provisions of this Protocol shall subject to the following paragraphs not affect the rights and obligations under any agreements entered into by any Protocol Member State prior to the coming into force of this Protocol.

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    11.2   Protocol Member States shall take any steps at their disposal which are necessary to reconcile the provisions of any such agreements with the basic objectives of this Protocol.

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    11.3   In case of any non-observance of any provision of this Protocol by an exempted Protocol Member State, any other Protocol Member State which considers that it would enjoy any benefit under this Protocol but for such exemption only may, if no satisfactory settlement is reached between the Protocol Member States concerned, refer the matter to the Economic Affairs Council.

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    11.4   In the event of a reference under the preceding paragraph, the Economic Affairs Council may, by majority vote, authorise any Protocol Member State to suspend, as regards the exempted Protocol Member State, the application of such obligation under this Protocol as the Economic Affairs Council considers fit, due regard being had to the report of such committee (if any) as may have been constituted in accordance with Article 31 to examine the matter, and paragraphs 2 and 5 of Article 30 shall apply mutatis mutandis in the case of any reference under the preceding paragraph as they apply in the case of a reference under paragraph 1 of Article 30.

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    11.5   All agreements under paragraph 1 of this Article shall be registered in such form as the Economic Affairs Council may, by majority vote, decide.

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    11.6   The Economic Affairs Council shall annually review the observance by Protocol Member States of paragraph 2 of this Article and may from time to time, by majority vote, recommend to any of them the taking of any steps for the purpose of that paragraph.

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    11.7   For the purposes of this Article —

“agreement” means any agreement binding on any Protocol Member State in international law or under the law of the Protocol Member State;

“exempted Protocol Member State” means a Protocol Member State which is party to an agreement under paragraph 1 of this Article and which is relying on that agreement to justify non-observance under paragraph 3 of this Article.