treaties: 106-8
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| id | congress | number | title | topic | transmitted_date | in_force_date | countries | index_terms | resolution_text |
|---|---|---|---|---|---|---|---|---|---|
| 106-8 | 106 | 8 | CONVENTION (No. 176) CONCERNING SAFETY AND HEALTH IN MINES | Labor | 1999-09-09T00:00:00Z | 106-8, CONVENTION (NO. 176), CONVENTION NO. 176, HEALTH, MINES, SAFETY, SAFETY AND HEALTH IN MINES, T.DOC. 106-8 | <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[106] TreatyRes. 5 for Treaty Doc.106 - 8" /><meta name="Content-Type" content="application/rtf" /><title>[106] TreatyRes. 5 for Treaty Doc.106 - 8</title></head><body><p><b>As recommended by the Committee on Foreign Relations:</b></p><p><i>Resolved, (two thirds of the Senators present concurring therein)</i>,</p><p>That the Senate advise and consent to the ratification of Convention (No. 176) Concerning Safety and Health in Mines, Adopted by the International Labor Conference at its 82nd Session in Geneva on June 22, 1995 (Treaty Doc. 106-8) (hereinafter, "The Convention"), subject to the understandings of subsection (a), the declarations of subsection (b) and the provisos of subsection (c).</p><p><b>(a) Understandings.</b>-- The Senate's advice and consent is subject to the following understandings, which shall be included in the instrument of ratification:</p><p> (1) ARTICLE 12.- The United States understands that Article 12 does not mean that the employer in charge shall always be held responsible for the acts of an independent contractor.</p><p> (2) ARTICLE 13.- The United States understands that Article 13 neither alters nor abrogates any requirement, mandated by domestic statute, that a miner or a miner's representative must sign an inspection notice, or that a copy of a written inspection notice must be provided to the mine operator no later than the time of inspection.</p><p><b>(b) Declarations</b>.-- The Senate's advice and consent is subject to the following declarations, which shall be binding on the President:</p><p> (1) NOT SELF-EXECUTING.--The United States understands that the Convention is not self-executing.</p><p> (2) Treaty interpretation.__The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the State Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.</p><p><b>(c) Provisos.--</b> The advice and consent of the Senate is subject to the following provisos:</p><p> (1) REPORT.--One year after the date the Convention enters into force for the United States, and annually for five years thereafter, the Secretary of Labor, after consultation with the Secretary of State, shall provide a report to the Committee on Foreign Relations of the Senate setting forth the following:</p><p> (i) a listing of parties which have excluded mines from the Convention's application pursuant to Article 2(a), a description of the excluded mines, an explanation of the reasons for the exclusions, and an indication of whether the party plans or has taken steps to progressively cover all mines, as set forth in Article 2(b);</p><p> (ii) a listing of countries which are or have become parties to the Convention and corresponding dates; and</p><p> (iii) an assessment of the relative costs or competitive benefits realized during the reporting period, if any, by United States mine operators as a result of United States ratification of the Convention.</p><p> (2) Supremacy of the Constitution.__Nothing in the Convention requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.</p><p></p></body></html> |
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