4 Protocols

The term «protocol» designates different kinds of official documents recording, in an authoritative and solemn manner, the results of a negotiation. The form is very flexible. Derived from the Latin protocollum, Greek Πρωτόχολλου (the «first glued-in» to the book), the word «protocol» has come to mean the form used in drawing up public documents, and in diplomacy the register in which the minutes of a conference are kept. «It is also employed to signify the forms to be observed in the official correspondence of the minister for foreign affairs, and in the drafting of diplomatic documents, such as treaties, conventions, declarations, full powers, ratifications, letters of credence and other letters addressed by one head of state to another. In France le bureau du protocole is the sub-department charged with the preparation of such papers and the regulation of ceremonial in all such matters. In Great Britain this work is shared between the Protocol and the Treaty and Nationality Departments of the Foreign Office» (E. Satow).

In the field of international agreements, the term «protocol» is most often used to designate particular agreements, less formal than a treaty or convention, which supplement a basic agreement. Protocols are also frequently used to amend multilateral international agreements or to prolong their existence. The Covenant of the League of Nations, for example, was amended in various articles by a series of protocols.

If, after the conclusion of the negotiation and before the treaty is signed, the high contracting parties desire to add new stipulations, the form of an «additional protocol» may be used. This is then signed on the same day and in the same form as the principal text. Additional protocols are, however, sometimes signed and ratified on later dates.

If, in the end, it seems necessary to amend or complete a treaty, this can be done by an additional article or articles presented

in the same form as the basic text, or in the form of a protocol and, if necessary, ratified as the said text.

Very often, temporary clauses or reservations are expressed in a separate document which is signed at the same time as a treaty and expressly refers to it. If it contains clauses which are additional to the execution of the principal convention or reservations of fundamental importance which change the nature of the meaning of a clause, it should be ratified in the same manner as the convention itself and at the same time. If the document confines itself to the certification of the fact that the signatures were affixed, or to setting forth unilateral declarations or reservations not touching the fundamentals of the convention, it may not need to be submitted to ratification.

The form of this final signature protocol (protocole de signature) is usually the same as for the additional protocol.

EXHIBIT 11

PROTOCOL