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China: Ratification of Convention Against Nuclear Terrorism

(Sept. 9, 2010) On August 28, 2010, China's National People's Congress Standing Committee (NPCSC) promulgated its Decision on Ratification of the International Convention for the Suppression of Acts of Nuclear Terrorism. At the same time it ratified this United Nations convention, which entered into force on July 7, 2007, the NPCSC declared:

1) China does not accept the restrictions of article 23, paragraph 1, of the Convention, on submission to arbitration of any dispute between two or more State parties on the interpretation or application of the Convention that cannot be settled by negotiation “within a reasonable time”;

2) Based on article 9, paragraph 3, on a State Party's notification of the U.N. Secretary General, subsequent to the State Party's ratification (etc.) of the Convention, of the jurisdiction it has established in its national law with respect to certain offenses, China establishes jurisdiction in the case of offenses stipulated in article 9, paragraph 2; that is, when the offense is committed: against a Chinese national, against a Chinese state or government facility abroad (including an embassy or other diplomatic or consular premises), by a stateless person who has his or her habitual residence in China, in an attempt to compel China to do or abstain from doing any act, or on board an aircraft operated by the Chinese government.

3) Before the Government of the People's Republic of China makes a separate notification to that effect, the Convention temporarily will not apply to the Hong Kong Special Administrative Region. (Authorized Issuance: The National People's Congress Standing Committee Decision on Ratification of the International Convention for the Suppression of Acts of Nuclear Terrorism [in Chinese], XINHUANET (Aug. 28, 2010), http://big5.xinhuanet.com/gate/big5/news.xinhuanet.com/2010-08/28/c_1249
4292.htm
; International Convention for the Suppression of Acts of Nuclear Terrorism, 2445 United Nations Treaty Series 89, A/RES/59/290, adopted on Apr. 13, 2005, http://treaties.un.org/doc/Treaties/2005/04/20050413%2004-02%20PM/Ch_XVI
II_15p.pdf
.)

China signed the Convention on September 14, 2005, the date on which it was first opened for signature. (Statusas at: 07-09-2010, Chapter XVIII: Penal Matters, 15. International Convention for the Suppression of Acts of Nuclear Terrorism, United Nations Treaty Collection website, http://treaties.un.org/Pages/ViewDetailsIII.aspx?&src=IND&mtdsg_
no=XVIII-15&chapter=18&Temp=mtdsg3&lang=en
(last visited Sept. 7, 2010).)