Article 36. Signature

This Protocol shall be open for signature at the United Nations Office at Nairobi by States and regional economic integration organizations from 15 to 26 May 2000, and at United Nations Headquarters in New York from 5 June 2000 to 4 June 2001.

730. Article 36 specifies which entities may sign the Protocol, and the arrangements for signature.

731. The term “regional economic integration organization” is defined in Article 3(j).

732. As of June 5, 2001, 102 States and the European Community had signed the Protocol.

733. By signing the Protocol, States indicate that they intend to become bound by the obligations contained in it. However, signing a treaty does not normally of itself have a binding effect on the State concerned if that instrument requires ratification, as is the case for this Protocol. The Protocol becomes binding in accordance with its provisions on entry into force (see commentary on Article 37). However, after signature, the State concerned is obliged to refrain from acts which could defeat the object and purpose of the instrument.139 In the case of this Protocol, the objective is set out in Article 1.

734. Article 36 allows “States” to sign the Protocol, while only “Parties to the CBD” may actually become Parties. No State that is not Party to the CBD, however, signed the Protocol before the close of the signature period.

139 Vienna Convention on the Law of Treaties, Article 18.

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