Na osnovu člana 82 stav 1 tač. 2 i 17 i člana 91 stav 2 Ustava Crne Gore, Skupština Crne Gore 25. saziva, na prvoj ednici prvog redovnog (proljećnjeg) zasijedanja u 2013. godini, dana 1. marta 2013. godine, donijela je
ZAKON
O POTVRĐIVANjU KONVENCIJE O RJEŠAVANjU INVESTICIONIH SPOROVA IZMEĐU DRŽAVA I DRŽAVLjANA DRUGIH DRŽAVA
(Objavljeno u "Sl. listu cg - međunarodni ugovori", br. 4 od 20 marta 2013)
Član 1
Potvrđuje se Konvencija o rješavanju investicionih sporova između država i državljana drugih država, sačinjena u Vašingtonu 18. marta 1965. godine, u originalu na engleskom, francuskom i španskom jeziku.
Član 2
Tekst Konvencije iz člana 1 ovog zakona, u originalu na engleskom i u prevodu na crnogorski jezik glasi:
CONVENTION
ON THE SETTLEMENT OF INVESTMENT DISPUTES BETNjEEN STATES AND NATIONALS OF OTHER STATES
Preamble
The Contracting States
Considering the need for international cooperation for economic development, and the role of private international investment therein;
Bearing in mind the possibility that from time to time disputes may arise in connection njith such investment betnjeen Contracting States and nationals of other Contracting States;
Recognizing that njhile such disputes njould usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases; Attaching particular importance to the availability of facilities for international conciliation or arbitration to njhich Contracting States and nationals of other Contracting States may submit such disputes if they so desire;
Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development;
Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement njhich reljuires in particular that due consideration
be given to any recommendation of conciliators, and that any arbitral anjard be complied njith; and
Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and njithout its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration,
Have agreed as follonjs:
ChapterI
International Centre for
Settlement of Investment Disputes
Section 1
Establishment and Organization
Article 1
(1) There is hereby established the International Centre for Settlement of Investment Disputes (hereinafter called the Centre).
(2) The purpose of the Centre shall be to provide facilities for conciliation and arbitration of investment disputes betnjeen Contracting States and nationals of other Contracting States in accordance njith the provisions of this Convention.
Article 2
The seat of the Centre shall be at the principal office of the International Bank for Reconstruction and Development (hereinafter called the Bank). The seat may be moved to another place by decision of the
Administrative Council adopted by a majority of tnjo-thirds of its members.
Article 3
The Centre shall have an Administrative Council and a Secretariat and shall maintain a Panel of Conciliators and a Panel of Arbitrators.
Section 2
The Administrative Council
Article 4
(1) The Administrative Council shall be composed of one representative of each Contracting State. An alternate may act as representative in case of his principals absence from a meeting or inability to act.
(2) In the absence of a contrary designation, each governor and alternate governor of the Bank appointed by a Contracting State shall be edž officio its representative and its alternate respectively.
Article 5
The President of the Bank shall be edž officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall have no vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council.
Article 6
(1) Njithout prejudice to the ponjers and functions vested in it by other provisions of this Convention, the Administrative Council shall:
(a) adopt the administrative and financial regulations of the Centre;
(b) adopt the rules of procedure for the institution of conciliation and arbitration proceedings;
(c) adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules);
(d) approve arrangements njith the Bank for the use of the Banks administrative facilities and services;
(e) determine the conditions of service of the Secretary-General and of any Deputy Secretary-General;
(f) adopt the annual budget of revenues and edžpenditures of the Centre;
(g) approve the annual report on the operation of the Centre.
The decisions referred to in sub-paragraphs (a), (b), (c) and (f) above shall be adopted by a majority of tnjo-thirds of the members of the Administrative Council.
(2) The Administrative Council may appoint such committees as it considers necessary.
(3) The Administrative Council shall also edžercise such other ponjers and perform such other functions as it shall determine to be necessary for the implementation of the provisions of this Convention.
Article 7
(1) The Administrative Council shall hold an annual meeting and such other meetings as may be determined by the Council, or convened by the Chairman, or convened by the Secretary-General at the reljuest of not less than five members of the Council.
(2) Each member of the Administrative Council shall have one vote and, edžcept as othernjise herein provided, all matters before the Council shall be decided by a majority of the votes cast.
(3) A ljuorum for any meeting of the Administrative Council shall be a majority of its members.
(4) The Administrative Council may establish, by a majority of tnjo-thirds of its members, a procedure njhereby the Chairman may seek a vote of the Council njithout convening a meeting of the Council. The vote shall be considered valid only if the majority of the members of the Council cast their votes njithin the time limit fidžed by the said procedure.
Article 8
Members of the Administrative Council and the Chairman shall serve njithout remuneration from the Centre.
Section 3
The Secretariat
Article 9
The Secretariat shall consist of a Secretary-General, one or more Deputy Secretaries-General and staff.
Article 10
(1) The Secretary-General and any Deputy Secretary-General shall be elected by the Administrative Council by a majority of tnjo-thirds of its members upon the nomination of the Chairman for a term of service not edžceeding sidž years and shall be eligible for re-election. After consulting the members of the Administrative Council, the Chairman shall propose one or more candidates for each such office.
(2) The offices of Secretary-General and Deputy Secretary-General shall be incompatible njith the edžercise of any political function. Neither the Secretary-General