The Court shall recognise that sovereign States, nations, constituent countries, territories, autonomous communities, and other qualifying political communities may possess distinct constitutional, democratic, legal, national, or territorial identities and may, where the requirements of this Treaty are satisfied, establish a separate relationship with the Court.
Participation in the Court shall not be restricted exclusively to sovereign States where this Treaty expressly permits a nation, constituent country, territory, autonomous community, or other qualifying political community to participate independently.
A qualifying nation, constituent country, territory, autonomous community, or other political community may apply for separate accession to the Court independently of the State of which it forms part where it can demonstrate a lawful, democratic, constitutional, or otherwise recognised basis of authority for making such an application.
The refusal of a sovereign State to become a Party to the Treaty shall not, by itself, prevent a qualifying nation, constituent country, territory, autonomous community, or other political community from applying for separate participation where the requirements established by the Treaty and Rules of the Court are satisfied.
Where a sovereign State becomes a Party to the Treaty, that accession shall not automatically make every nation, constituent country, territory, autonomous community, or other qualifying political community within that State a separate Party to the Court.
A nation, constituent country, territory, autonomous community, or other qualifying political community which separately accedes to the Court shall possess a distinct membership relationship with the Court and shall not be treated solely as a representative, extension, delegation, or subdivision of another Party.
The accession, withdrawal, suspension, termination, dissolution, separation, merger, succession, or constitutional transformation of one Party shall not automatically terminate, suspend, or alter the separate membership of another Party where that other Party has independently established its relationship with the Court.
Where a Party withdraws from the Court, any separately recognised nation, constituent country, territory, autonomous community, or other political community within or formerly associated with that Party shall not be required to withdraw solely because of that withdrawal.
A nation, constituent country, territory, autonomous community, or other qualifying political community which has separately acceded to the Court shall retain its membership unless it independently withdraws, its membership is lawfully suspended or terminated under this Treaty, or another provision of this Treaty provides otherwise.
Where a State undergoes dissolution, separation, merger, succession, constitutional reorganisation, independence, devolution, federation, confederation, or another substantial constitutional transformation, the Court may determine the continuity of existing memberships and obligations in accordance with this Treaty and applicable international law.
The Court shall not presume that the dissolution, separation, merger, or constitutional transformation of one Party automatically creates, terminates, or transfers the membership of another Party.
Where a State, nation, constituent country, territory, autonomous community, or other qualifying political community requests assistance concerning constitutional change, State dissolution, succession, independence, territorial status, territorial claims, border disputes, or related matters, the Court may provide mediation, legal assistance, good offices, investigation of agreed facts, expert assistance, or other peaceful dispute-resolution services authorised by this Treaty.
The Court may establish independent mediation panels, constitutional commissions, boundary commissions, expert bodies, or other appropriate mechanisms for the peaceful resolution of disputes concerning constitutional or territorial change.
A mediation or assistance process established under this Article shall seek to facilitate a lawful and peaceful settlement between the affected parties and shall not, unless expressly authorised by this Treaty and accepted under the applicable jurisdictional requirements, determine the constitutional status, sovereignty, independence, or territorial ownership of a participating community.
The Court may assist affected parties in negotiating arrangements concerning borders, territory, public assets, public liabilities, governmental institutions, records, natural resources, citizenship, nationality, public services, international obligations, transitional administration, minority protections, and other matters arising from constitutional change or State succession.
Where a territorial or border dispute is submitted to the Court, the Court may assist the parties through mediation, negotiation, independent fact-finding, legal analysis, mapping, historical evidence, expert assessment, or other appropriate peaceful means.
Where the parties expressly consent to a binding determination by the Court, the Court may determine a territorial or constitutional dispute in accordance with the applicable provisions of this Treaty and applicable international law.
Where the parties have not consented to a binding determination, the Court shall not convert a mediation, recommendation, or advisory process into a binding judgment without an independent legal basis under this Treaty.
The Court may assist parties in establishing lawful and democratic procedures for determining the wishes of an affected population where such determination is relevant to a constitutional or territorial dispute.
Procedures established under paragraph 19 may include referendums, elections, representative assemblies, constitutional conventions, public consultations, or other democratic mechanisms appropriate to the circumstances and consistent with applicable law.
The Court shall not regard its supervision, observation, or assistance in a democratic process as, by itself, constituting recognition of a particular constitutional outcome.
Where constitutional change or State succession creates competing claims concerning citizenship or nationality, the Court may assist the affected parties in establishing lawful transitional arrangements and shall seek to prevent arbitrary deprivation of nationality and the creation of statelessness wherever reasonably possible.
Where constitutional change or State succession creates disputes concerning public assets, liabilities, records, property, institutions, diplomatic premises, natural resources, infrastructure, pensions, or other public obligations, the Court may assist the affected parties in establishing fair and lawful arrangements for their allocation or continuation.
Where a State requests assistance concerning its possible dissolution or constitutional separation, the Court may establish a specialised process to assist the affected parties in determining succession, continuity of obligations, territorial arrangements, institutional arrangements, and other matters necessary for a peaceful transition.
A request for assistance under this Article shall not, by itself, constitute recognition by the Court of the applicant's claim to sovereignty, independence, territorial ownership, or any particular constitutional status.
The Court shall distinguish between accepting an application, providing mediation or assistance, recognising an agreement reached between parties, and issuing a binding determination.
The Court shall not deny access to the mediation and assistance mechanisms established under this Article solely because a dispute concerns a nation, constituent country, territory, autonomous community, or other political community rather than two sovereign States.
No Party shall be prevented from requesting assistance under this Article solely because another affected Party refuses to participate in mediation, provided that the Court does not make a binding determination against the non-participating Party without a lawful basis for jurisdiction.
The Court may provide impartial legal assistance, good offices, preventive mediation, or other non-binding assistance where appropriate to reduce the risk of violence, unlawful territorial change, forced displacement, or other serious harm.
The Court shall seek to ensure that constitutional or territorial disputes are resolved through peaceful means and shall not treat the use or threat of unlawful force as a lawful substitute for negotiation, mediation, or adjudication.
No territorial settlement reached through proceedings under this Article shall authorise the unlawful forcible transfer of civilian populations or otherwise remove protections provided by applicable international law.
Where a State, nation, constituent country, territory, autonomous community, or other qualifying political community has reached a peaceful agreement concerning constitutional or territorial change, the parties may deposit that agreement with the Court for registration, verification, monitoring, implementation assistance, or future dispute resolution.
A registered agreement may include provisions concerning constitutional arrangements, territorial boundaries, citizenship, nationality, public assets and liabilities, international obligations, transitional administration, minority protections, security arrangements, implementation periods, monitoring, and procedures for resolving future disputes.
The Court may establish a permanent mechanism for recording and preserving agreements, settlements, boundary arrangements, succession arrangements, and other instruments concluded or deposited under this Article.
Where the constitutional status of a Party subsequently changes, the Court may amend the description of that Party in its records without requiring automatic re-accession where the legal continuity of the Party is established.
Where a State separates into two or more successor States, or where a nation, constituent country, territory, autonomous community, or other political community becomes constitutionally separate from a State, the Court shall determine questions of membership, succession, and continuity separately for each affected Party in accordance with this Treaty and applicable international law.
Where more than one political community claims continuity of a former Party's membership, the Court may consider the constitutional arrangements, lawful acts, democratic consent, agreements between the affected parties, continuity of legal obligations, and other relevant circumstances.
Nothing in this Article shall require a nation, constituent country, territory, autonomous community, or other qualifying political community to become a Party merely because the State with which it is constitutionally associated becomes a Party.
Nothing in this Article shall prevent a sovereign State and one or more separately recognised nations, constituent countries, territories, or autonomous communities within that State from simultaneously maintaining separate relationships with the Court.
The rights and obligations of each Party under this Article shall be determined independently and shall not automatically be transferred to, imposed upon, or removed from another Party solely because of a constitutional, territorial, historical, or political association between them.
The Court shall apply the provisions of this Article equally to all States, nations, constituent countries, territories, autonomous communities, and other qualifying political communities and shall not create a special rule solely for the circumstances of any particular State or region.
The application of this Article shall remain consistent with the purposes and principles of the United Nations Charter, applicable international treaties, customary international law, and other applicable rules of international law.
The Rules of the Court shall establish the procedures for National or Territorial Accession, verification of authority, constitutional-change applications, State succession, territorial mediation, boundary assistance, registration of settlements, continuity of membership, and independent withdrawal under this Article.
The fundamental principle of this Article shall be that the membership and legal relationship of each separately recognised Party with the Court shall stand independently, so that the decision of one Party to enter, remain within, withdraw from, or otherwise alter its relationship with the Court shall not automatically determine the relationship of another Party.