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Network formalization

Intergovernmental Agreement on the Trans-Asian Railway Network

AGREEMENT


(Picture: Uzbekistan Railways)
  • Full text of Agreement (as adopted by Resolution 62/4 of 12 April 2006).

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Chinese

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SIGNATORIES


PROCEDURE FOR SIGNING THE AGREEMENT AT UNITED NATIONS HEADQUATERS IN NEW YORK

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RATIFYING THE AGREEMENT

When a State wishes to ratify, accept or approve the treaty, it must execute an instrument of ratification, acceptance or approval signed by one of the three following authorities: Head of State, Head of Government or Minister for Foreign Affairs. The instrument of ratification, acceptance or approval becomes effective when it is deposited with the Secretary-General of the United Nations. States are advised to deliver such instrument to the Treaty Section of the United Nations directly to ensure the action is promptly processed. Click below for a copy of a model instrument of ratification, acceptance or approval.


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In certain cases, States make statements upon signature, ratification, acceptance or approval. Such statements may be entitled “reservation” or “declaration”. When a reservation is formulated, it must be included in the instrument of ratification, acceptance or approval or be annexed to it and (if annexed) must be separately signed by the Head of State, Head of Government or Minister for Foreign Affairs or a person having full powers for that purpose issued by one of the above authorities. Click below for a copy of a model instrument of reservation / declaration.


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The Intergovernmental Agreement on the Trans-Asian Railway Network was signed at Busan, Republic of Korea, on 10 November 2006 during the Ministerial Conference on Transport that took place in the port city from 6 to 11 November 2006. On that occasion 18 of the 28 member countries that are part of the TAR network signed the Agreement. (More on context of Intergovernmental Agreement on Trans-Asian Railway Network).

1. Background

2. The negotiation process

    - Regional meeting (November 2004)

    - Subregional meetings (April and September 2005)

    - Intergovernmental Meeting (November 2005)

3. Adoption of the Intergovernmental Agreement on the Trans-Asian
    Railway Network



1. Background

The growth of international trade, the continued surge of containerized freight through the ports of the Asia-Pacific region and the recognition of the importance of greater regional integration are encouraging countries to seek efficient connectivity through transport networks.

For the railways of the region, this new international environment offers an opportunity to upgrade existing infrastructure or construct new one with the aim of defining and operating international corridors. It also calls for a higher level of cooperation to find synergies between national infrastructure projects and international corridors.

With this in mind, countries opt to define a framework within which they can discuss and plan the future expansion, upgrading and operation of the Trans-Asian Railway network. At the 60th session of the UNESCAP Commission, they agree that an Intergovernmental Agreement on the Trans-Asian Railway Network will provide such a framework and request the secretariat to take action.

2. The negotiation process

The regional meeting

The secretariat launches the negotiation process for the Intergovernmental Agreement on the Trans-Asian Railway Network at a Regional Meeting in Bangkok on 22 and 23 November 2004. At the meeting, the representatives of 27 member countries discuss and revise a draft Agreement prepared by the secretariat with the assistance of the Office of Legal Affairs at UN headquarters in New York. They recommend that the draft agreement be further reviewed at the subregional level in collaboration with relevant organizations (Meeting report: English, Russian).

The Subcommittee on Transport Infrastructure and Facilitation and Tourism that follows the Regional Meeting takes note of the support and active involvement of member countries towards the Agreement and fixes an ambitious calendar. It requests the secretariat to have the Agreement finalized at an Intergovernmental Meeting to be organized in 2005, adopted by the 62nd session of the UNESCAP Commission in April 2006 and presented for signature at the Ministerial Conference on Transport scheduled for November 2006. The UNESCAP Commission approves this calendar at its 61st session in May 2005.

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The subregional meetings

In preparation for the Intergovernmental Meeting, and following the recommendation expressed at the Regional Meeting, the secretariat takes the negotiation process to the subregional level. The objectives are to (i) brief the member countries on the importance of formalizing the Trans-Asian Railway network in relation to subregional and regional integration; (ii) introduce the draft Intergovernmental Agreement on the Trans-Asian Railway Network; and (iii) identify issues that may be raised for negotiation at the Intergovernmental Meeting.

One meeting is organized by UNESCAP and the Ministry of Railways, Government of India, in New Delhi (April 2005) for countries of South Asia. It is hosted by the Asian Institute of Transport Development (AITD), a regional, inter-disciplinary centre for research, studies and training in the infrastructure area having consultative status with the United Nations Economic and Social Council and a collaborative Memorandum of Understanding with UNESCAP
(Meeting report).

Another meting is organized by UNESCAP and the Ministry of Transport of the Russian Federation in Moscow (September 2005) for countries of the Caucasus, Central Asia, North and North-East Asia. It is hosted by the Joint Stock Company Russian Railways (Meeting report: English, Russian).

Meanwhile, the merits of the Agreement for countries in South-East Asia were highlighted through various forums such as the 1st Asia Rail Conference organized by the Government of Malaysia (April 2005) and the Conference of Chief Executive Officers of ASEAN Railways (Indonesia, July 2005).

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The Intergovernmental Meeting

Noting the smooth progress of the negotiations at the regional and subregional levels, the 61st session of the UNESCAP Commission endorses the implementation schedule to have the Agreement finalized at an Intergovernmental Meeting in November 2005, adopted by the 62nd session of the Commission and presented for signature at the Ministerial Conference on Transport to be held in 2006.

The secretariat convenes the Intergovernmental Meeting to Develop the Intergovernmental Agreement on the Trans-Asian Railway Network at UNESCAP headquarters from 28 to 30 November 2005. The Meeting is opened by the Executive Secretary of UNESCAP (full text of opening statement) and attended by 51 representatives from 26 member countries. A senior officer of the Office of Legal Affairs, United Nations Headquarters, New York, also takes part in the Meeting to assist the secretariat and the delegations through the process of finalizing the Agreement (Meeting report - English, Chinese, Russian).

3. Adoption of the Intergovernmental Agreement on the Trans-Asian Railway Network

At a special event organized during the ministerial segment of the 62nd session of the UNESCAP Commission, Dr. Hak-Su, Executive Secretary of UNESCAP, presents the Intergovernmental Agreement on the Trans-Asian Railway Network.

He highlights the importance of the Trans-Asian Railway network as a building block towards the realization of an International Integrated Intermodal transport system for the region as envisaged by the Ministers at the Ministerial Conference on Infrastructure (November 2001) and embedded in the Seoul Declaration on Infrastructure Development in Asia and the Pacific.

He remarks that the Agreement will provide new impetus for regional development and play a catalytic role in defining a common vision, coordinating programmes of action, and, in collaboration with international financial institutions, identifying investment requirements and sources. Finally, he remarks that transport in general, and the Trans-Asian Railway in particular, will trigger development based on a network of hubs of prosperity
(full text of intervention).

Answering the call of Dr Kim Hak-Su, the 62nd session of the Commisssion adopts the Intergovernmental Agreement on the Trans-Asian Railway Network through Resolution 62/4 on 12 April 2006 (Text of Resolution 62/4 - English, Chinese, Russian).

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