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On The Conclusion Of The United Nations Convention On The Law Of The Sea

Original Language Title: o sjednání Úmluvy Organizace spojených národů o mořském právu

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240/1996 Coll.
COMMUNICATION

Ministry of Foreign Affairs


Ministry of Foreign Affairs informs that on December 10, 1982 was
Montego Bay, Jamaica, and accepted on behalf of the Czechoslovak Socialist Republic
signed the United Nations Convention on the Law of the Sea.

On February 22, 1993 Czech Republic announced
Secretary-General of the United Nations, the depositary of the Convention that as a successor state
Czech and Slovak Federal Republic with effect from 1 January 1993
considers signatory state United Nations Convention on the law of the Sea
10 December 1982.

The Convention approved by the Parliament of the Czech Republic and President of the Republic ratified
. The instrument of ratification of the Czech Republic was
deposited with the Secretary General of the United Nations on 21 June 1996.


When ratifying the Convention was simultaneously made the following statement:

"The government of the Czech Republic, seznámivši with the declaration of the government of the Federal Republic of Germany
dated 14 October 1994 concerning the interpretation
provisions of the United Nations Convention on the Law of the Sea, Part X
- right landlocked countries access to and from the sea and freedom of transit
- declares that the declaration by the Government of the Federal Republic of Germany
not be construed against the Czech Republic in contravention of the provisions
Part X of the Convention. "

Convention by virtue of Article 308 para. 1, entered into force on
16th November 1994 and for the Czech Republic in force, according
paragraph 2 of the same article on 21 July 1996.

Czech translation of the Convention shall be open simultaneously.


CONVENTION
The United Nations Convention on the Law of the Sea

The States Parties to this Convention,

Desiring to settle, in a spirit of mutual understanding and cooperation
all questions relating to the law of the sea and aware of the historic significance
this Convention as an important contribution to maintaining peace
justice and progress for all peoples of the world | ||
Noting that developments which have occurred since the United Nations Conference on the Law of the Sea
, which took place in Geneva in 1958 and 1960, stressed the need
new and generally acceptable Convention on the Law of the Sea,

Aware that the problems of ocean space are closely inter-related and
that need to be considered as a whole,

Recognizing the desirability of establishing through this Convention, with
due regard for the sovereignty of all States, a legal order for the seas and
oceans which will facilitate international communication and promote the peaceful uses of the seas and oceans
, the equitable and efficient utilization of their resources and
conservation of their living resources, and the study, protection and preservation of the marine environment
,

Considering that the achievement of these goals will contribute to the realization
just and equitable international economic order, which would be remembered
interests and needs of mankind as a whole, and in particular the special interests and
needs of developing countries, whether coastal or inland,

Desiring through this Convention to develop the principles contained in
Resolution 2749 (XXV) of 17 December 1970, in which the General Assembly
solemnly declared inter alia, that the seabed and ocean floor and the basement
beyond the limits of national jurisdiction, as well as its resources, are
common heritage of mankind, the exploration and exploitation is happening
irrespective of the geographical location of States, for the benefit of mankind as a whole,

Believing that the codification and progressive development of the law of the sea achieved
this Convention will contribute to strengthening peace, security, cooperation and
friendly relations among all States, in accordance with the principles of justice and equality
and to boost the economic and
social advancement of all peoples of the world in accordance with the objectives and principles set out in the UN Charter,

Affirming that matters not regulated by this Convention
will continue to follow the rules and principles of general international law,

Agree to the following:

PART I:

Introduction
Article 1


Use of terms and scope

First For the purposes of this Convention:

(1) "Area" means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction
;

(2) "Authority" means the International Seabed Authority;

(3) "activities in the Area" means all activities in order
exploration and exploitation of the resources of the Area;


(4) "pollution of the marine environment" means the direct or indirect introduction
such substances or energy into the marine environment, including the mouth
rivers that have or may have such deleterious effects as harm
living resources and marine life, hazards to human health, prevention
marine activities, including fishing and other legitimate uses of the sea
impairment of quality of sea water and reduction of amenities;

(5)

(A) "dumping" means:

(I) any deliberate disposal of wastes or other matter from vessels,
aircraft, platforms or other man-made structures at sea;

(Ii) any deliberate disposal of vessels, aircraft, platforms or other
man-made structures at sea;

(B) "dumping" does not include:

(I) the disposal of wastes or other matter which are part
the normal operations of vessels, aircraft, platforms or other
man-made structures at sea and their equipment, other than wastes or other matter
transported to vessels, aircraft, platforms or other
man-made structures at sea, which are used to getting rid
such matter or derived from the treatment of such wastes or other matter on
vessels, aircraft, platforms or | || structures;

(Ii) placement of matter for a purpose other than the mere disposal thereof,
provided that such placement is not contrary to the objectives of this Convention.

Second

(1) "States Parties" means States which have consented to be bound by this
Convention and for which this Convention is in force.

(2) This Convention applies mutatis mutandis ^ 1) to other entities
referred to in Article 305, paragraph. 1 (b), (c), (d), (e) and (f) and that
become parties to this Convention in accordance with the conditions relevant to each of them
; In this sense, the term "States Parties" refers to those entities
.

PART II:

Territorial sea and contiguous zone
Section 1
:
GENERAL PROVISIONS

Article 2


The legal status of the territorial sea, the airspace over the territorial sea and
its bed and subsoil

First The sovereignty of a coastal State extends beyond its land territory and internal waters
, and in the case of an archipelagic State, its archipelagic waters,
on adjacent belt of sea known as the territorial sea.

Second This sovereignty extends to the air space over the territorial sea
, as well as to its bed and subsoil.

Third The sovereignty over the territorial sea is exercised in accordance with this
Convention and other rules of international law.
Section 2
:

Territorial sea
Article 3

The breadth of the territorial sea


Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding
twelve nautical miles, measured from baselines
determined in accordance with this Convention.
Article 4


The outer limit of the territorial sea

The outer limit of the territorial sea is the line every point of which lies
from the nearest point of the line at a distance equal to the breadth of the territorial sea
.
Article 5


Normal baseline

Unless this Convention, the normal baseline for measuring the breadth of the territorial sea
water line of the coast as marked on nautical
large-scale charts officially recognized by the coastal State
.
Article 6

Cliffs


In the case of islands situated on atolls or islands surrounded
reefs, the baseline for measuring the breadth of the territorial sea line
low tide along the cliff towards the sea, as shown by the appropriate
symbol on charts that they are officially recognized by the coastal State
.
Article 7


Straight baseline

First In places where the coast is very rugged and has deep notches or
where there is a fringe of islands along the coast in its immediate vicinity,
can be used in drawing the baseline from which to measure the breadth of the territorial sea
methods straight baselines joining appropriate points.

Second Where's coast due to Delta or other natural conditions
very unstable, may be relevant points selected along the furthest line
tide, and whatever other retreat tide lines remain straight

The baseline valid until changed by the coastal State in accordance with this Convention
.

Third The drawing of such baselines must not depart significantly from
general direction of the coast and the sea areas lying within the lines
must be sufficiently closely linked to the land domain to be subject
regime of internal waters.

Fourth When setting straight baselines may not be based on
low-tide elevations in the low tide zone, provided that no established
lighthouses or similar installations which are permanently above sea level
, except where the drawing of baselines to these
or from such elevations has received general international recognition.

Fifth Where the method of straight baselines is applicable under paragraph. 1
can be taken into account in determining particular baselines
special economic interests of the area concerned, the existence and importance
are clearly evidenced by long usage.

6th The system of straight baselines may not happen
used in such a manner as to cut off the territorial sea of ​​another State from the high seas
or exclusive economic zone.
Article 8



Internal waters
First Notwithstanding the provisions of Part IV, waters stretching toward the mainland
from the baseline of the territorial sea form part of the internal waters of the State.

Second Where the establishment of a straight baseline method set out in Article 7
has the consequence that the internal waters areas where
so previously existed a right of innocent passage through those waters, as
provided in this Convention.
Article 9

Estuaries


If a river flows directly into the sea, the baseline
straight line across the mouth of the river between points of its banks at low tide line.
Article 10

Bays


First This article relates only to bays the coasts of which belong to a single State
.

Second For the purposes of this Convention, a bay is marked indentation whose penetration into
is in such proportion to the width of its mouth as it contains
water surrounded by land and represents more than a mere curvature
coast. Notch is not considered as a bay unless its area is as
large or larger than a semi-circle whose diameter is a line drawn across the mouth
notch.

Third For the purposes of measurement, the area of ​​an indentation is that lying between the low-water line
along the shore of the indentation and a line joining points
largest outflow of its natural entrance. Where, because
presence of islands, an indentation has more than one mouth, circle shall be drawn on
line whose length corresponds to the sum total of the lengths of the lines across the different mouths
. Islands within an indentation shall be included as if they were part
water area of ​​the indentation.

Fourth If the distance between the points of greatest outflow of the natural entrance
bay does not exceed 24 nautical miles, can lay out between these two points
closing line. Thus confined waters are considered internal waters.

Fifth Where the distance between points is the low of the natural entrance
bay exceeds 24 nautical miles, can be drawn within the bay
straight base line of 24 nautical miles in such a way as to include
largest area of ​​water that is possible line of that length.

6th The foregoing provisions shall not apply to so-called. "Historic" bays
even to those cases where it is used system of straight baselines in accordance with Article 7.

Article 11

Ports


Permanent port facilities which extend far into the sea and form
integral part of the harbor system for the purpose of delimitation of the territorial sea
considered as part of the coast. Off-shore installations and artificial islands shall not be considered
as permanent harbor works.
Article 12



Roadsteads
Roadsteads which are normally used for the loading, unloading and anchoring
ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea
are included in the territorial sea.
Article 13

Low-tide elevations


First Tide elevation is a naturally formed area of ​​land which is surrounded
and above water at low tide, but she
submerged at high tide. Where tide elevation

Situated wholly or partly at a distance from the mainland or an island,
not exceeding the breadth of the territorial sea, may be the largest
tide line on that elevation used as the baseline for measuring the breadth of the territorial sea
.

Second If lying tide elevation is quite a distance from the mainland or an island
, exceeding the breadth of the territorial sea, does not have its own
territorial sea.
Article 14


Combination of methods for determining baselines

The coastal State may determine baselines, taking into account the different conditions
turn by any of the methods mentioned in previous articles
.
Article 15


Delimitation of the territorial sea between States with opposite or adjacent

Where the coast of two States are opposite or adjacent to each other,
neither of the two States is entitled to extend its territorial sea beyond the median line
unless an agreement between them to the contrary. Central line is
such a line every point of which is equidistant from the nearest points on the baselines
baselines from which the breadth of the territorial sea is measured
each of the two states. This provision shall not apply where the
historical reasons or for other special circumstances, it is necessary to define
the territorial seas of the two States in a way that differs from
this provision.
Article 16


Charts and lists of geographical coordinates

First The baselines for measuring the breadth of the territorial sea determined in accordance with
Articles 7, 9 and 10, or the limits derived therefrom, and the lines
delineated in accordance with Articles 12 and 15 shall be shown on charts of a scale
or scales adequate for ascertaining their position
. As a replacement can be a list of geographical coordinates of points
specifying the geodetic data.

Second The coastal State shall give due publicity to such charts or lists
geographical coordinates and shall deposit a copy of each such chart or list with
UN Secretary General.
Section 3
:

Innocent passage territorial sea

Subsection A:

Provisions applicable to all ships
Article 17


Right of innocent passage

Ships of all States, whether coastal or inland,
have the right of innocent passage through the territorial sea in accordance with this Convention.
Article 18

Meaning of passage


First Passage means navigation through the territorial sea for the purpose of:

(A) traversing that sea without a boat veplula into internal waters or
stopped at a roadstead or port facility outside
internal waters; or

(B) proceeding to internal waters, or exit from, or call at
such roadstead or port facility.

Second Passage shall be continuous and expeditious. However, it includes stopping and anchoring
, but only insofar as incidental to ordinary navigation or are rendered
necessary by force majeure or distress or for the purpose of providing
assistance to persons, ships or aircraft in danger or distress.
Article 19

Meaning of innocent passage


First Passage is innocent so long as prejudicial to the peace, good order or security of the coastal State
. Such passage shall take place in accordance with this
Convention and other rules of international law.

Second Passage of a foreign ship shall be deemed prejudicial to the peace, good order or security
coastal State if in the territorial sea
any of the following activities:

(A) any threat or use of force against the sovereignty, territorial
integrity or political independence of the coastal State
or in any other manner in violation of the principles of international law
enshrined in the UN Charter;

(B) any exercise or practice with weapons of any kind;

(C) any act aimed at collecting information to the prejudice
defense or security of the coastal State;

(D) any act of propaganda aimed at affecting the defense or security of the coastal State
;

(E) the launching, landing or taking on board of any aircraft;

(F) the launching, landing or taking on board of any military device
;

(G) the loading or unloading of any commodity, currency or person
contrary to the customs, fiscal, immigration or sanitary laws and regulations
coastal State;

(H) any act of willful and serious pollution contrary to

This Convention;

(I) any fishing activities;

(J) carrying out any research or survey activities;

(K) any act aimed at interfering with any systems or other
devices coastal State;

(L) any other activity not having a direct bearing on passage.
Article 20


Submarines and other underwater vehicles

In the territorial sea, submarines and other underwater vehicles are required to navigate
on the surface and to show their flag.
Article 21


Legislation coastal State relating to innocent passage

First The coastal State may, in accordance with the provisions of this Convention and to other rules of international law
relating
innocent passage through the territorial sea, adopt laws and regulations regarding:

(A) the safety of navigation and the regulation of maritime traffic;

(B) the protection of navigational aids and facilities and other facilities and installations
;

(C) the protection of cables and pipelines;

(D) the conservation of the living resources of the sea;

(E) the prevention of violations of fisheries laws and regulations of the coastal state
;

(F) protection of the environment of the coastal State and the prevention, reduction
and control of pollution;

(G) marine scientific research and hydrographic surveys;

(H) the prevention of infringement of customs, fiscal, immigration or sanitary laws and regulations
coastal State.

Second Such laws do not apply to the design, construction,
manning or equipment of foreign ships unless they are giving effect
generally accepted international rules or standards.

Third The coastal State all these laws properly published.

Fourth Foreign ships exercising their right of innocent passage through the territorial sea
to comply with all such laws and all generally accepted
international regulations relating to the prevention of collisions at sea.
Article 22


Sea lanes and traffic separation schemes in the territorial sea

First If it is necessary with regard to the safety of navigation, the coastal State may ask
foreign ships exercising their right of innocent passage through the territorial sea
that used sea lanes and traffic separation schemes,
designated or established for the purpose regulation of the passage of ships.

Second In particular, tankers, nuclear-powered ships and ships carrying nuclear
or other inherently dangerous or noxious substances or materials
may be required to confine their passage to such sea lanes
.

Third The designation of sea lanes and the prescription separation schemes
operation under this article the coastal State shall take into account:

(A) recommendations from relevant international organizations;

(B) any channels customarily used for international navigation;

(C) the special characteristics of particular ships and channels; and

(D) the density of traffic.

Fourth The coastal State shall clearly indicate such sea lanes and traffic separation schemes
on charts, which will be duly published.
Article 23


Foreign nuclear-powered ships and ships carrying nuclear or other
inherently dangerous or noxious substances

Foreign nuclear-powered ships and ships carrying nuclear or other
inherently dangerous or noxious substances shall
when exercising the right of innocent passage through the territorial sea carry with them documents and observe special precautionary measures
prescribed for such ships
international agreements.
Article 24

Duties of the coastal State


First If it is not in accordance with this Convention, the coastal State shall not hamper the innocent passage of foreign
ship territorial sea.
Coastal State in the application of this Convention or any legislation adopted
accordance with this Convention shall particularly:

(A) impose requirements to foreign ships that could actually lead to
denying or impairing the right of innocent passage; or

(B) form or in fact discriminate against the ships of any State or
ships carrying cargo to and from any country or any country
behalf of any State.

Second The coastal State shall give appropriate publicity to any danger to
navigation in its territorial sea, which he knows.
Article 25


Rights of protection of the coastal State

First The coastal State may take in its territorial sea the necessary measures

To prevent passage which is not innocent.

Second In the case of ships sailing in internal waters or calling at
port facilities outside the internal waters of the coastal State shall also have the right
take the necessary measures to prevent any violation of the terms
governing admission of those ships to internal waters or such
port facility.

Third The coastal State may, without formally or de facto discriminated
foreign ships, suspend temporarily in specified areas of its territorial sea
innocent passage of foreign ships if such suspension is essential
to protect its security, including weapons exercises.
Such suspension shall take effect only after due publication.
Article 26


Charges that can be imposed to foreign ships

First Foreign ships may be levied no charges because of their
passage through the territorial sea.

Second Charges may be a foreign ship passing through the territorial sea
as payment only for specific services rendered to the ship.
These charges shall be levied without discrimination.

Subsection B:

Rules applicable to commercial and government ships used for commercial purposes

Article 27


Criminal jurisdiction on board a foreign ship

First Criminal jurisdiction of the coastal State shall not be exercised on board a foreign ship passing through
territorial sea in order to arrest any person or
conducting investigations in connection with the crime committed on board
ship during its passage except in the following cases: || |
(A) if the consequences of the crime extend to the coastal State;

(B) if the crime is of a kind to disturb the peace in the country
order or territorial sea;

(C) if the assistance of the local authorities requested the captain of the ship or
diplomatic agent or consular officer of the flag State; or

(D) if such measures are necessary for the suppression of illicit
trafficking in narcotic drugs or psychotropic substances.

Second The foregoing provisions shall not affect the rights of the coastal State
take any steps authorized by its laws for the purpose
arrest or investigation on board a foreign ship passing through the territorial sea
after leaving internal waters.

Third In the cases referred to in paragraph. 1 and 2, the coastal State shall notify the request
captain diplomatic agent or consular officer of the flag State
before taking any steps, and shall facilitate
establish contact between such agent or officer and the ship's crew . In urgent cases
notification may be communicated while the measures undertaken.

Fourth When considering whether or how an arrest should be made, the local authorities
due consideration to the interests of navigation.

Fifth Except as provided in Part XII or infringement cases
regulations adopted in accordance with Part V, the coastal State may not
steps on board a foreign ship passing through the territorial sea
no action to arrest any person or investigation in connection with | || any crime committed before the ship entered the territorial sea
if the ship sailed from a foreign port, is only
passing through the territorial sea without entering internal waters.
Article 28


Civil jurisdiction in relation to foreign ships

First The coastal State should not stop foreign ship passing through the territorial sea
not change the direction of its voyage for the purpose of exercising civil jurisdiction
against a person on board the ship.

Second The coastal State may not execution or seizure of the ship in order
civil proceedings, unless these measures have been taken in consequence
obligations or liabilities, which took over the ship or
effort that arose in the course or for the purpose of navigation
waters of the coastal State.

Third Paragraph 2 shall not prejudice the rights of the coastal State to enforce the decision
or securing any civil proceedings in accordance with its laws
against foreign ship berthed in the territorial sea, or passing through
territorial sea after leaving internal waters.

Subsection C:

Rules applicable to warships and other government ships used for non-commercial purposes

Article 29


Definition of warships

For the purposes of this Convention, "warship" means a ship that belongs to
armed forces of a State carries external signs indicating nationality

Such ship, under the command of the state government officer duly commissioned
whose name appears in the appropriate service list or its equivalent
document, and whose crew is subjected to the discipline of regular
armed forces.
Article 30


Failure to comply with the legislation of the coastal State warships

Opposes If warship legislation of the coastal State, which
concerning passage through the territorial sea and disregards any request to that
happen, the coastal State may require that immediately leave the territorial | || sea.
Article 31


Flag State responsibility for damage caused by a warship or other
government ship operated for non-commercial purposes

Flag State shall bear international responsibility for any loss or damage caused
coastal State, which flows from non-compliance
coastal State concerning passage through the territorial sea or
failure to comply with the provisions of this Convention or other rules of international | || rights warship or other government ship operated for non-commercial purposes
.
Article 32


Immunity of warships and other government ships used for non-commercial purposes


With the exceptions contained in subsection A and in Articles 30 and 31, nothing in this
Convention affects the immunities of warships and other government vessels
used for non-commercial purposes.
Section 4
:

Contiguous zone
Article 33

The contiguous zone


First In a zone contiguous to its territorial sea, described as the contiguous
zone, the coastal State may exercise the control necessary to:

(A) prevent infringement of its customs, fiscal, immigration or sanitary
regulations within its territory or territorial sea
;

(B) punish infringement of the above laws and regulations committed within its
territory or territorial sea.

Second The contiguous zone may not extend beyond 24 nautical miles from
baselines from which the breadth of the territorial sea is measured.

PART III:

Straits used for international navigation
Section 1
:
GENERAL PROVISIONS

Article 34


Legal status of waters forming straits used for international navigation

First Regime of passage through straits used for international navigation and overflight
over them, set out in this Part shall not in other respects affect
legal status of waters forming such straits or the exercise of sovereignty or jurisdiction
States bordering straits over such waters and
their airspace, seabed and subsoil.

Second Sovereignty or jurisdiction of the States bordering the straits is
exercised in accordance with the provisions of this Part and comply with other rules of international law
.
Article 35


The scope of this Part

Nothing in this Part affects:

(A) any areas of internal waters within a strait, except where
establishment of a straight baseline in accordance with the method described in Article 7
enclosing as internal waters areas which had not previously been under such
considered;

(B) the legal status of the waters beyond the territorial seas of States bordering with
straits as exclusive economic zones or high seas; or

(C) the legal regime in straits in which passage is
wholly or in part by international conventions which such straits
particular concern and are still valid.
Article 36


Routes on the high seas routes or in exclusive economic zones, which leads
straits used for international navigation

This part does not apply to straits used for international navigation
if this strait, the route leads through the high seas or through an exclusive economic zone
which is equally suitable navigational and hydrographical
nature; in such routes, the other relevant Parts of this Convention
including the provisions on freedom of navigation and overflight.
Section 2
:

TRANSIT passage
Article 37


Scope of this section

This section applies to straits which are used for international
navigation between one part of the high seas or an exclusive economic zone and
another part of the high seas or an exclusive economic zone.
Article 38


Right of transit passage

First In straits referred to in Article 37 shall enjoy all ships and aircraft

Right of transit passage, which shall not be impeded;
It does not apply where there is a strait formed an island state, which borders
strait and its mainland, where there is neither
transit passage, if there is an equally appropriate directions on the high seas
or in the exclusive economic zone, which is equally suitable navigational and hydrographic conditions
.

Second In accordance with this Part or the transit proplutím crossing means
exercise freedom of navigation and overflight solely for the purpose of continuous and expeditious transit
strait between one part of the high seas or an exclusive
economic zone and another part of the high seas or an exclusive economic
zone. The requirement of continuous and expeditious transit does not preclude passage
strait over him for the purpose of entering, leaving or
returning from a State bordering the strait, subject to the conditions of entry
this state.

Third Any activity which is not an exercise of the right of transit passage
strait remains subject to the other applicable provisions of this Convention
.
Article 39


Duties of ships and aircraft during transit passage

First In exercising the right of transit passage, ships and aircraft must
:

(A) cut through or over the strait him without delay;

(B) refrain from any threat or use of force against
sovereignty, territorial integrity or political independence of States
bordering the strait, or in any other manner in violation
principles of international law embodied in the Charter of the United Nations ;

(C) refrain from any activities other than those related
normal modes of continuous and expeditious transit, with the exception
necessary by force majeure or by distress;

(D) comply with other relevant provisions of this Part.

Second Ships in transit passage shall:

(A) comply with generally accepted international regulations, procedures and
practices for safety at sea, including
International Regulations for Preventing Collisions at Sea;

(B) comply with generally accepted international regulations, procedures and
practices for the prevention, reduction and control of pollution from ships
.

Third Aircraft in transit crossing must:

(A) observe the Rules of the Air established
International Civil Aviation Organization as they apply to civil aircraft
; State aircraft will normally comply with such safety measures and
always operate with due regard to the safety of navigation;

(B) always monitor the radio frequency assigned by the competent internationally
control authority or the appropriate air traffic
international radio frequency emergency.
Article 40


Research and survey activities

During his transit passage of foreign ships, including ships for
marine scientific research and hydrographic survey
carry out any research or survey activities without the prior authorization of the States bordering straits
.
Article 41


Sea lanes and traffic separation schemes in straits used for international navigation


First In accordance with this Part, States bordering straits may designate
sea lanes and prescribe traffic separation schemes for navigation in straits
where it is necessary for the safe passage of ships.

Second Such States may, if required by circumstances and after due publication
replace sea lanes or traffic separation schemes, which were
previously designated or prescribed, other sea lanes or traffic separation schemes
.

Third Such sea lanes or traffic separation schemes shall
conform to generally accepted international regulations.

Fourth Before designating or substituting sea lanes or prescribing
or substituting traffic separation schemes States
bordering straits proposals to the competent international organization in order
their approval. The organization may adopt only such sea lanes
and traffic separation schemes as may be agreed with the states that
bordering the straits, after which the States may designate, prescribe or replace.

Fifth If it is a strait where sea lanes or traffic separation schemes
through the waters of two or more States

Bordering straits, the States concerned shall cooperate in
formulating proposals in consultation with the competent international organizations
.

6th States bordering straits shall clearly indicate all sea
lanes and traffic separation schemes designated or prescribed by them on charts
which will be duly published.

7th Ships in transit passage must respect existing
sea lanes and traffic separation schemes established in accordance with this Article
.
Article 42


Legal regulations of States bordering straits relating to transit passage


First Notwithstanding the provisions of this section, States bordering straits may adopt laws
regulations relating to transit passage through straits
or flying over them in terms of:

(A) the safety of navigation and the regulation of maritime traffic in accordance with Article 41
;

(B) the prevention, reduction and control of pollution
implementation of relevant international regulations regarding the discharge of oil, oily wastes and
other noxious substances in the strait;

(C) the prevention of fishing, including the stowage of fishing gear
with respect to fishing vessels;

(D) the loading or unloading of any commodity, currency or person in contravention
customs, fiscal, immigration or sanitary laws and regulations
States bordering straits.

Second Such legislation should formally or de facto discriminate against foreign ships
nor may in fact lead to a denial, violation or
restrictions on the right of transit passage as defined in this section
.

Third States bordering straits shall give due publicity to all such laws
regulations.

Fourth Foreign ships exercising the right of transit passage shall comply with such laws and regulations
comply.

Fifth The flag State of the ship or the state registration of the aircraft, entitled to sovereign immunity
and acting in a manner contrary
such laws and regulations or other provisions of this Part shall bear international
liable for any loss or damage arising States | || bordering straits.
Article 43


Navigational and safety aids and other improvements and the prevention, reduction and control

pollution
User States and States bordering a strait should by agreement cooperate
:

(A) the establishment and maintenance of necessary navigational and safety equipment
Channel and other improvements in aid of international navigation; and

(B) the prevention, reduction and control of pollution from ships.
Article 44


Duties of States bordering straits

States bordering straits shall not hamper transit passage and overflight
are required due to any danger, about which they know
which endanger navigation or overflight strait him.
Transit or passage of overflying not be stopped.
Section 3
:

Innocent passage
Article 45


Innocent passage

First Regime of innocent passage in accordance with Part II, Section 3
applies to straits used for international navigation that:

(A) in accordance with Article 38 par. 1 exempted from the application of regime of transit passage
; or

(B) between a part of the high seas or an exclusive economic zone and
territorial sea of ​​a foreign state.

Second Innocent passage through such straits should not be stopped.

PART IV:

Archipelagic State
Article 46

Use of terms


For the purposes of this Convention:

(A) "archipelagic State" means a State which consists of one or more
archipelagos and may include other islands;

(B) "archipelago" means a group of islands, including parts of islands,
interconnecting waters and other natural features which are
so closely interrelated that such islands, waters and other natural features form a
the only geographic, economic and political entity, or were
such as whole historically considered.
Article 47


Archipelagic baseline of

First Archipelagic State may lay out basic straight line connecting the outermost points
farthest islands and reefs of the archipelago as a drying
condition that such basic lines will include the main islands and
area where the ratio of surface water and land, including atolls,
between 1: 1 and 9 to 1.


Second The length of such baselines shall not exceed 100 nautical miles
except that up to 3% of the total number of baselines enclosing
archipelago may exceed that length to a maximum length of 125 nautical miles
.

Third The drawing of straight baselines must not significantly deviate
from the general configuration of the archipelago.

Fourth Such baselines shall not be ranging from emerging
elevations, far been built on them
lighthouses or similar installations which are permanently above sea level, or
tide elevation is situated wholly or partly at a
distance from the nearest island, not exceeding the breadth of the territorial sea.

Fifth The system of such baselines shall not be applied by an archipelagic State in such a way
which the territorial sea of ​​another State
separated from the high seas or an exclusive economic zone.

6th If part of the archipelagic waters of an archipelagic State lies between two parts
immediately adjacent neighboring State, they will be maintained and respected
existing rights and all other legitimate interests which the latter
state traditionally had in these waters, as well as all rights
enshrined in an agreement between the states.

7th For the purpose of computing the ratio of water to land under paragraph. 1
land areas may include waters lying within the fringing reefs of islands and atolls, including that part of a steep
oceanic plateau which is enclosed or nearly enclosed
chain of limestone islands and a drying reefs lying on the perimeter
platforms.

8th The baselines drawn in accordance with this Article shall be
shown on charts of a scale or scales
adequate for ascertaining their position. As a replacement can be used
lists of geographical coordinates of points, specifying the geodetic data.

9th The archipelagic State shall give due publicity to such charts or lists
geographical coordinates and shall deposit a copy of each such chart or list with
UN Secretary General.
Article 48


Measurement of the breadth of the territorial sea, contiguous zone, exclusive economic zone and continental shelf


The breadth of the territorial sea, contiguous zone, exclusive economic zone and continental shelf
measured from archipelagic baselines
set out in accordance with Article 47.
Article 49


Legal status of archipelagic waters, air space over archipelagic waters and their
seabed and subsoil

First The sovereignty of an archipelagic State extends to the waters enclosed
baselines drawn in accordance with Article 47, which without
regardless of their depth or distance from the coast known as
archipelagic waters.

Second This sovereignty extends to the air space over the archipelagic waters
, as well as to their bed and subsoil, and the resources contained therein
.

Third This sovereignty is exercised in accordance with this Part.

Fourth Regime of archipelagic sea lanes passage established in this Part
in other respects affect the status of the archipelagic waters, including
sea lanes, or the exercise of sovereignty of an archipelagic State
over such waters and their air space, bed and subsoil | || and the resources contained therein.
Article 50

Delimitation of internal waters


Within its archipelagic waters, the archipelagic State may draw
closing lines for the delimitation of internal waters, in accordance with Articles 9, 10 and 11

Article 51


Existing agreements, traditional fishing rights and existing submarine cables

First Notwithstanding the provisions of Article 49, an archipelagic State shall respect
existing agreements with other States and shall recognize traditional fishing rights and other legitimate activities
immediately adjacent neighboring States in
certain areas falling within archipelagic waters.
Ways and conditions for the exercise of such rights and activities, including the nature, extent and
areas covered, at the request of any of the States concerned
governed by bilateral agreements between them.
Such rights shall not be transferred to third countries or their nationals, or with them
shared.

Second An archipelagic State shall respect existing submarine cables laid
other States and passing through its waters without touching his
shore. Archipelagic State shall permit the maintenance and replacement of such cables after

Receive proper notification of the location of such cables
and the intention to repair or replace them.
Article 52


Right of innocent passage

First Subject to the provisions of Article 53 and without prejudice to the provisions of Article 50,
ships of all States enjoy the right of innocent passage through archipelagic waters
in accordance with Part II, Section 3.

Second The archipelagic State may, without formally or de facto discriminated
foreign ships, suspend temporarily the innocent passage in specified areas of its archipelagic waters
if such suspension is necessary to protect its security
. Such suspension shall take effect only after proper
publication.
Article 53


Right of archipelagic sea lanes passage

First Archipelagic State may designate sea lanes and air routes
them, which are suitable for the continuous and expeditious passage of foreign ships
its archipelagic waters and the adjacent territorial sea and overflight
aircraft overhead.

Second All ships enjoy the right of passage through archipelagic
such sea lanes and all aircraft overflight rights such
air corridors.

Third Archipelagic sea lanes passage means the exercise
rights of navigation and overflight in accordance with this Convention, in the usual manner
solely for the purpose of continuous, expeditious and unobstructed
transit between one part of the high seas or an exclusive economic zone and
another part of the high seas or an exclusive economic zone.

Fourth Such sea lanes and air routes through archipelagic waters and
adjacent territorial sea and shall include all normal passage routes
used as routes for international navigation or overflight
archipelagic waters and, within such routes, so far as ships,
all normal navigational channels, provided that duplication as well
suitable routes between the same entry and exit points will be necessary.

Fifth Sea and air corridors are designed
series of continuous axis lines from the entry points of passage routes to the exit points.
Ships in archipelagic sea lanes and aircraft
corridors shall not deviate from the axial line of more than 25 nautical miles
on one side or the other. They may not, however, to the coasts
a distance of more than 10% of the distance between the nearest points on
islands bordering the sea lane.

6th Archipelagic State in accordance with this Article shall determine
maritime corridor can to ensure the safe passage also provide traffic separation schemes
ships through narrow channels in such sea lanes.

7th The archipelagic State may, if required by circumstances and after due
publication, replace sea lanes and separation schemes
systems operations, which were previously designated or prescribed by other
sea lanes or traffic separation schemes.

8th Such sea lanes or traffic separation schemes shall
conform to generally accepted international regulations.

9th In designating or substituting sea lanes or
prescribing or substituting traffic separation schemes, an archipelagic state
submit proposals to the competent international organization with a view to their
approval. The organization may adopt only such sea lanes and
traffic separation schemes as may be agreed with the archipelagic
State, after which the archipelagic State may designate, prescribe or replace.

10th The archipelagic State shall clearly indicate the axis of the sea lanes
designed and traffic separation schemes prescribed by it on nautical maps
which will be duly published.

11th Ships in transit passage must respect existing
sea lanes and traffic separation schemes established in accordance with this Article
.

12th Unless the archipelagic State maritime or air corridors may be
right of archipelagic sea lanes passage them
exercised through the routes normally used for international navigation.
Article 54


Duties of ships and aircraft during their passage, research and survey activities
, duties of the archipelagic State and laws and regulations
archipelagic State relating to archipelagic sea lanes passage
over them

Articles 39, 40, 42 and 44 shall apply mutatis mutandis ^ 1) shall apply to passage
archipelagic sea lanes passage over them.

PART V:


Exclusive economic zone
Article 55


Specific legal regime of the exclusive economic zone

The exclusive economic zone is an area beyond the territorial sea and contiguous
him, subject to the specific legal regime established in this Part
under which the rights and jurisdiction of the coastal State and
rights and freedoms of other States governed by the relevant provisions of this Convention.


Čl.56
Rights, jurisdiction and duties of the coastal State in the exclusive economic zone


First In the exclusive economic zone, the coastal State:

(A) sovereign rights for the purpose of exploration and exploitation of natural resources
whether living or non-living, of the seabed and subsoil and waters overlying,
preservation and management, and sovereign rights, respect
of other activities for the economic exploitation and exploration of the zone, as
the production of energy from water, currents and winds;

(B) jurisdiction in accordance with the relevant provisions of this Convention as regards
:

(I) the establishment and use of artificial islands, installations and structures;

(Ii) marine scientific research;

(Iii) the protection and preservation of the marine environment;

(C) other rights and obligations under this Convention.

Second In exercising their rights and performing their duties in the exclusive economic zone
under this Convention, the coastal State shall have due regard
to the rights and duties of other States and shall act in a manner that combines
with the provisions of this Convention.

Third Rights that relate to the seabed and subsoil
provided for in this Article shall be exercised in accordance with Part VI.
Article 57


Breadth of the exclusive economic zone

Exclusive economic zone shall not extend beyond 200 nautical miles from
baselines from which the breadth of the territorial sea is measured.
Article 58


The rights and duties of other States in the exclusive economic zone

First Subject to the applicable provisions of this Convention, all States, whether coastal or inland
shall enjoy the exclusive economic zone
freedoms referred to in Article 87, namely, freedom of navigation and overflight, laying
submarine cables and pipelines, as well as other uses of the sea
concerning those freedoms recognized by international law, which are
associated with the operation of ships, aircraft and submarine cables and pipelines, and
are compatible with the other provisions of this Convention.

Second Articles 88 to 115 and other pertinent rules of international law
apply to the exclusive economic zone in so far as they are not
incompatible with this part.

Third In exercising their rights and performing their duties in the exclusive economic zone
under this Convention, States must have due regard to
rights and duties of the coastal State and are obliged to obey
laws and regulations which the coastal state has adopted in accordance with
provisions of this Convention and other rules of international law in so far
if not inconsistent with this Part.
Article 59


Resolution of conflicts regarding the attribution of rights and jurisdiction in the exclusive economic zone


In cases where this Convention does not confer on the coastal State or other
States within the exclusive economic zone law or jurisdiction, and if there is a
conflict between the interests of the coastal State and any other State or
States should this conflict be resolved on the basis of equity and in
light of all relevant circumstances and given the relative importance
interests concerned parties and the international community as a whole.
Article 60


Artificial islands, installations and structures in the exclusive economic zone

First In the exclusive economic zone, the coastal State has the exclusive right to construct
authorize and regulate the construction, operation and use of:

(A) artificial islands;

(B) installations and structures for the purposes provided for in Article 56 and other economic purposes
;

(C) installations and structures which may interfere with the exercise of rights
coastal State in the zone.

Second The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures
, including jurisdiction with regard to customs, fiscal,
health, safety and immigration laws and regulations.

Third Construction of these artificial islands, installations and structures must be properly
announced and must be maintained constant warning signs

Drawing attention to their existence. Any installations or structures which
are abandoned or disused shall be removed to ensure safety of navigation
with respect to any generally accepted
international standards laid down in this regard by the competent international organizations
. Such removal shall also have due regard to fishing,
protection of the marine environment and the rights and duties of other States.
Depth information about the location and size of any installations or structures not entirely removed
will be duly notified.

Fourth The coastal State may, if necessary, establish reasonable safety
zones around such artificial islands, installations and structures in which
may take appropriate measures to ensure the safety of navigation,
artificial islands, installations and structures.

Fifth The breadth of the safety zones determined by the coastal State, taking
taking into account applicable international standards. Such zones shall be designed so
to ensure that they are reasonably related to the nature and function of the artificial
islands, installations and structures. They shall not exceed a distance of 500 meters
around them, measured from each point of their outer edge, except
cases where authorized by generally accepted international standards or
recommended by the competent international organizations.
Range of security zones will be duly notified.

6th All ships must respect these safety zones and shall comply with
generally accepted international standards regarding navigation in the vicinity
artificial islands, installations, structures and safety zones.

7th Artificial islands, installations and structures and the safety zones around them may not be established
where it could disrupt
use of recognized sea lanes essential to international navigation.

8th Artificial islands, installations and structures do not possess the status of islands.
They have no territorial sea of ​​their own, and their presence does not affect
delimitation of the territorial sea, the exclusive economic zone or continental shelf.
Article 61 of the

Conservation of the living resources


First The coastal State shall determine the allowable catch of living resources in its exclusive economic zone
.

Second The coastal State, in the light of the best scientific data available
has, through appropriate protection measures
and management to maintenance of the living resources in the exclusive economic zone
not endangered by over-exploitation. For this purpose, the coastal State
cooperate, as appropriate with relevant subregional, regional and international organizations
universal.

Third Such measures are also designed to maintain or restore populations
harvested species at levels that can produce the maximum sustainable yield, as qualified
relevant environmental and economic factors
, including the economic needs of coastal fishing communities and the special
requirements of developing countries and take into account
fishing patterns, the interdependence of stocks and any generally recommended
subregional, regional or global
minimum international standards.

Fourth In taking such measures the coastal State shall take into account the consequences
for those species that live in symbiosis with huntable species or are dependent on them
, for the purpose of maintaining or restoring populations above levels at which
would be seriously compromising their reproduction.

Fifth Available scientific information, statistics on catches and fishing
and other data relevant to the conservation of the fish stocks to where it
appropriate, with the participation of all the countries whose citizens are allowed
fishing in the exclusive economic zone, provide and regularly exchanged
through subregional, regional and global international organizations
.
Article 62


Use of living resources

First Notwithstanding the provisions of Article 61, the coastal State shall promote optimal
exploitation of living resources in the exclusive economic zone.

Second The coastal State shall determine its capacity to harvest the living resources in the exclusive economic zone
. Where the coastal State does not have the capacity to harvest the entire allowable amount
provide through agreements or other arrangements
other states access to the surplus of allowable catches, in accordance with
conditions and requirements of the legislation referred to in paragraph. 4 and

Special regard to the provisions of Articles 69 and 70, especially in relation to
developing States mentioned therein.

Third In giving access to other States to its exclusive economic zone
under this article the coastal State shall take into account all relevant factors, including, among others
significance of the living resources of the area to the economy of the coastal State
and its other national interests, the provisions of Articles 69 and 70
requirements of developing States in the subregion or region in harvesting part of the
surplus and the need to minimize the adverse economic consequences
States whose nationals have habitually fished in the zone or which have made substantial efforts
research and identification of stocks.

Fourth Nationals of other States fishing in the exclusive economic zone
must conform to the conservation measures and other terms and conditions established
laws and regulations of the coastal State.
These legal regulations must be in accordance with the provisions of this Convention and may relate, inter alia,
, relate to:

(A) licensing of fishermen, fishing vessels and equipment
including payment of fees and other forms of payments, which in the case
developing coastal States, may consist of adequate compensation in
financing, equipment and technology relating the fish processing industry
;

(B) determining the species whose harvesting is permitted, and the determination of fishing quotas, whether
those quotas relate to certain species or harvesting
by nationals of any State during a specified period;

(C) regulating seasons and areas of fishing, the types, sizes and amount of gear, and
types, sizes and number of fishing vessels
which may be used;

(D) fixing the age and size of fish and other species that may be hunted
;

(E) specifying information required of fishing vessels, including
statistics, harvesting yield and vessel position reports;

(F) applications for implementing specific fisheries research programs
mandate and under the control of the coastal State, the conduct of such research
including the sampling of catches, disposition of samples and reporting of associated scientific data
;

(G) the placing of observers or trainees on board the coastal State
such vessels;

(H) the landing of all or any part of such vessels in the ports
coastal State;

(I) terms and conditions relating to joint ventures or other
cooperation agreement;

(J) requirements for the training of personnel and transfer of fisheries technology, including enhancement
coastal State's capability of undertaking fisheries research;

(K) enforcement practices.

Fifth Coastal States shall give reasonable notice of the legislation concerning the protection and management
.
Article 63


Flocks occurring within the exclusive economic zone of two or more
coastal States or both within the exclusive economic zone and in the zone for
adjacent to it

First In cases where the same flock or flocks
associated species occur within the exclusive economic zones of two or more coastal
States, these States shall seek, either directly or through subregional or regional organizations
to reach agreement on the measures necessary
to coordinate and ensure the conservation and development of such stocks without
violation of other provisions of this part.

Second In cases where the same flock or flocks
associated species occur both within the exclusive economic zone and in the field for this
zone adjacent thereto, coastal states and states such species in the surrounding area
fishing will seek either directly or through
subregional or regional organizations, to reach agreement on
necessary measures to protect these species in the adjacent area.
Article 64

Highly migratory species


First The coastal State and other States whose nationals fish in the region
highly migratory species listed in Appendix I,
cooperate directly or through competent international organizations
view to ensuring conservation and promoting the objective of optimum harvesting of such species
in the field, both within the exclusive economic zone and beyond.
In areas where no appropriate international organization
coastal State and other States whose nationals harvest these species in

Region shall cooperate to establish such an organization and participate in its activities
.

Second Paragraph. 1 apply in addition to the other provisions of this Part
.
Article 65

Marine mammals


Nothing in this Part restricts the right of a coastal State or the competence of an international organization
appropriate, to prohibit, limit or regulate
catch of marine mammals more strictly than provided for in this Section.
States cooperate to protect these marine mammals. Regarding
whales in particular work through the appropriate international
organizations for their conservation, management and study.
Article 66

Anadromous stocks


First States in whose rivers anadromous stocks originate shall have the primary
share for these species and the responsibility for them.

Second State of origin of anadromous stocks shall ensure their conservation by creating
appropriate regulatory measures for fishing in all waters from external
limits of its exclusive economic zone landward and fishing
set out in paragraph. 3 (b). State may, after consultation with the other States
that are mentioned in the paragraph. 3 and 4 fishing these stocks, establish total allowable catches
species originating in its rivers.

Third

(A) Fisheries for anadromous stocks shall be conducted only in waters from
outer limits of the exclusive economic zone to the mainland, except in cases where
this provision would lead to an economic disadvantage of another country than
state of origin. With respect to such fishing beyond the outer limits
exclusive economic zone, States concerned shall maintain consultations with a view
reach agreement on terms and conditions of such fishing, with
due regard to the conservation requirements of these species with respect to | || needs of their country of origin.

(B) The State of origin shall cooperate in minimizing economic distortions
other States fishing these stocks, as
regard to the normal catch and the method of harvesting these states, as well as all areas
in which such fishing has occurred.

(C) States referred to in subparagraph. (B) that the agreement with the State
origin in measures to renew anadromous stocks, particularly
expenditures for that purpose, shall State of origin in the harvesting of stocks
originating in its rivers, particular account.

(D) Enforcement of regulations regarding anadromous stocks beyond the exclusive economic zone
shall be by agreement between the State of origin and other
States concerned.

Fourth In cases where anadromous stocks migrate into or through the waters of
outer limits of the exclusive economic zone of a State other than the State of origin
toward the mainland, such State for the purpose of conservation of these species and
management cooperate with the State of origin.

Fifth State of origin of anadromous stocks and other States fishing these stocks,
agree on measures to implement the provisions of this article and
through regional organizations, where appropriate.
Article 67


Catadromous species

First The coastal state in whose waters catadromous species spend the greater part of their life cycle
, is responsible for the management of these species and
ensure the ingress and egress of migrating fish.

Second Harvesting of catadromous species shall be conducted only in waters from
outer limits of the exclusive economic zone toward the mainland. If harvesting
conducted in exclusive economic zones, will be implemented in accordance with the provisions of this article
as other provisions of this Convention concerning
fishing in these zones.

Third In cases where catadromous fish migrate through the exclusive economic zone
to another state or states, whether juvenile or adolescent
fish, of such fish including harvest
governed by an agreement between the State mentioned in paragraph . 1 and State or States concerned.
Such agreement shall ensure the rational management of the species and take
account the responsibilities of the State mentioned in paragraph. 1
for the maintenance of these species.
Article 68

Sedentary species


This Section does not apply to sedentary species as defined in Article 77. 4th
Article 69


Right landlocked countries

First Landlocked states have the right to participate on an equitable basis
appropriate use of living resources in excess
exclusive economic zones of coastal States of the same subregion or region with

Regard to economic and geographical circumstances of all the States concerned and
in accordance with the provisions of this Article and Articles 61 and 62.

Second The terms and modalities of such participation shall be established by the State concerned
through subregional or regional agreements taking into
account, inter alia:

(A) the need to avoid harmful consequences for fishing communities
or fishing industries of the coastal State;

(B) the extent to which the land-locked State, in accordance with the provisions of this article
participating or is entitled to participate under existing
bilateral, subregional or regional agreements in the exploitation of living resources
exclusive economic zones of other coastal States;

(C) the extent to which locked States and countries geographically disadvantaged
participating in the exploitation of living resources of the exclusive economic zone
coastal State and the consequent need to avoid a particular burden for any
coastal State or portion thereof;

(D) the nutritional needs of the population of these States.

Third When approaching the harvesting capacity of a coastal State to a point that would allow
harvest the entire allowable catch of the living resources in its exclusive economic zone
, the coastal State and other States concerned shall cooperate
on a bilateral, subregional or regional based on the intent
establishment of equitable arrangements that would allow participation of developing landlocked countries
same subregion or region in the use
living resources of the exclusive economic zones of coastal States in the subregion or region
reasonable manner, under circumstances and conditions satisfactory
for all parties. In applying this provision will also
taken into account the factors mentioned in the paragraph. 2nd

Fourth Developed land-locked States are entitled, in accordance with the provisions of this Article
participate in the exploitation of living resources
only in the exclusive economic zones of developed coastal States
same subregion or region having regard to the extent to which coastal || | stand by giving access to other States to the living resources of its exclusive economic zone
took into account the need to minimize detrimental
effects on fishing communities and economic dislocation States
whose nationals have habitually fished in the zone.

Fifth The above provisions are without prejudice to arrangements agreed on in subregions
or regions where the coastal States may grant to land-locked States
same subregion or region equal or preferential rights for the exploitation
living resources in the exclusive economic zones.


Čl.70
Right geographically disadvantaged states

First Geographically disadvantaged states have the right to a fair basis
participate in the exploitation of an appropriate part of the surplus living resources
exclusive economic zones of coastal States of the same subregion or region
, with regard to the relevant economic and geographical circumstances of all the States concerned
and in accordance with the provisions of this Article and Articles 61 and 62.


Second For the purposes of this Convention, "geographically disadvantaged States" means
coastal States, including States bordering enclosed or semi-enclosed seas
whose geographical situation makes them dependent upon
adequate supplies of fish for nutrition of the population or its
part on the exploitation of living resources of the exclusive economic zones of other
States in the subregion or region, and coastal States which can claim
own exclusive economic zone.

Third The terms and modalities of such participation shall be established by the States concerned
through bilateral, subregional or regional agreements
taking into account, inter alia:

(A) the need to avoid harmful consequences for fishing communities
or fishing industries of the coastal State;

(B) the extent to which the geographically disadvantaged State, in accordance with the provisions of this article
participating or is entitled to participate
exploitation of living resources in the exclusive economic zones of other coastal States
under existing bilateral, subregional
or regional agreements;

(C) the extent to which the geographically disadvantaged landlocked countries
participating in the exploitation of living resources of the exclusive economic zone of the coastal
State and the consequent need to avoid a particular disadvantage
any single coastal State or a part ;


(D) the nutritional needs of the population of these States.

Fourth When approaching the harvesting capacity of a coastal State to a point that would allow
harvest the entire allowable catch of the living resources in its exclusive economic zone
, the coastal State and other States concerned shall cooperate
on a bilateral, subregional or regional based on the intent
establishment of equitable arrangements that would allow participation
geographically disadvantaged developing countries of the same subregion or region in
exploitation of living resources of the exclusive economic zones of coastal States of the subregion or region
under circumstances and conditions satisfactory to | || all parties. In applying this provision shall also be taken
account the factors mentioned in the paragraph. 3rd

Fifth Developed geographically disadvantaged States are in compliance with
provisions of this Article shall be entitled to participate in the exploitation of living resources
only in the exclusive economic zones of developed coastal States
same subregion or region having regard to the extent to which coastal
State, in providing access to other States to the living resources of its exclusive economic zone
took into account the need to minimize detrimental
effects on fishing communities and economic dislocation in states
whose nationals have habitually fished in the zone.

6th The above provisions are without prejudice to arrangements agreed on in subregions
or regions where the coastal States may grant to geographically disadvantaged
States of the same subregion or region equal or preferential rights for
exploitation of living resources in the exclusive economic zones.
Article 71


Non-applicability of Articles 69 and 70

A coastal State whose economy is overwhelmingly dependent on the exploitation of living resources
its exclusive economic zone, the provisions of Articles 69 and 70 do not apply
.
Article 72

Restrictions on transfer of rights


First Rights for the exploitation of living resources envisaged in Articles 69 and 70
not be directly or indirectly transferred to third countries or their nationals
by lease or license, creating
joint ventures or in any other manner which has
nature of such transfer, unless otherwise agreed by the States concerned.

Second The foregoing provision does not preclude the States to obtain
to facilitate the exercise of rights under Articles 69 and 70, the technical or financial assistance from
third countries or international organizations provided that this does not result in the transfer
under paragraph. 1st || | Article 73


Application of the law of the coastal State

First The coastal State may exercise its sovereign rights to explore,
exploiting, conserving living resources and management carried out in the exclusive economic zone
such measures as may be necessary to
ensure compliance with regulations adopted by it in accordance
with the provisions of this Convention, including access to the ship inspection, arrest and judicial procedures
.

Second Detained ships and their crews shall be promptly released after
composition of the respective bond or other security.

Third Coastal State penalties for violations of fisheries laws in
exclusive economic zone may not include imprisonment, in the absence
between the States concerned an agreement to the contrary, or any other form of corporal punishment
.

Fourth In the event of arrest or detention of foreign vessels the coastal State shall promptly notify the appropriate channels
flag State of the action taken and subsequently
sanctions imposed.
Article 74


The delimitation of the exclusive economic zone between States with opposite or adjacent coasts


First Delimitation of the exclusive economic zone between States with opposite or adjacent coasts
be determined by agreement on the basis of international
law, as stated in Article 38 of the Statute of the International Court of Justice
so as to achieve an equitable solution.

Second If no agreement can be reached within a reasonable period, acceding States concerned
to the procedures provided for in Part XV.

Third Pending agreement under paragraph. 1, the States concerned, in a spirit
mutual understanding and cooperation make every effort to reach
provisional arrangements of a practical nature, and that during this transitional period will not compromise
final agreement or hamper the achievement
. Such an arrangement is not detrimental to the final delimitation.


Fourth Where among the States concerned an agreement in force, will
questions relating to the delimitation of the exclusive economic zone adjusted in accordance with the provisions of that agreement
.


Čl.75
Charts and lists of geographical coordinates

First In accordance with this Part, the outer limit lines of the exclusive economic zone and
delimitation line drawn in accordance with Article 74 must be
shown on charts of a scale or scales
adequate for ascertaining their position. As a replacement can be used
lists of geographical coordinates of points, specifying the geodetic data.

Second The coastal State shall give due publicity to such charts or lists
geographical coordinates and shall deposit a copy of each such chart or list with
UN Secretary General.

PART VI:

Continental shelf
Article 76


Definition of the continental shelf

First The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas
which lies beyond its territorial sea throughout the natural
after the extension of its continental territory to the outer limit of the continental margin, or
200 nautical miles from
the baselines from which the breadth of the territorial sea is measured where the
external borders of the continental margin does not reach that distance.

Second The continental shelf of a coastal State shall not extend beyond the boundaries set out in paragraph
. 4 to 6

Third The continental margin comprises the submerged prolongation
land mass of the coastal State, and consists of the seabed and subsoil of the shelf, slope and climb
. It does not include the deep ocean floor with its oceanic
ridges or the subsoil.

Fourth

(A) For the purposes of this Convention, the coastal State shall establish the outer limits
continental margin wherever the margin extends beyond 200 nautical miles
from the baselines from which the breadth of the territorial sea is measured, by either:

(I) a line delineated in accordance with par. 7 to the outermost fixed points
at each of which the thickness of sedimentary rocks is at least 1%
shortest distance from such point to the foot of the continental slope; or

(Ii) a line delineated in accordance with par. 7 to fixed points not
more than 60 nautical miles from the foot of the continental slope.

(B) Unless proven otherwise, provides the foot of the continental slope
as the point of maximum change in gradient at its base.

Fifth The fixed points comprising the line of the outer limits of the continental shelf of the
seabed, drawn in accordance with paragraph. 4 (a) (i) and (ii) either
exceed 350 nautical miles from the baselines from which the breadth measures
territorial sea or 100 nautical miles from the 2,500 m isobath, which is
line connecting the depth of 2,500 meters.

6th Notwithstanding the provisions of par. 5 on submarine ridges exceed
outer limit of the continental shelf of 350 nautical miles from the
baselines from which the breadth of the territorial sea is measured.
This paragraph does not apply to submarine elevations that are natural components
continental margin, such as its plateaux, rises, caps, banks and spurs
.

7th The coastal State shall delineate the outer limits of its continental shelf,
where that shelf extends beyond 200 nautical miles from the baselines from which to measure
breadth of the territorial sea, straight lines
exceeding a length of 60 nautical miles
connecting fixed points, defined by coordinates geographic latitude and longitude.

8th The coastal State shall transmit to the Commission on the Limits of the Continental Shelf,
established on the basis of equitable geographical distribution in accordance with Annex II
information about the boundaries of the continental shelf beyond 200
nautical miles from the baselines from which the breadth of the territorial measured
sea. The Commission makes recommendations to coastal States on matters relating to
determine the outer limits of their continental shelf.
Limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding
.

9th The coastal State shall deposit with the Secretary General of the United Nations
nautical charts and relevant information, including geodetic data, permanently describing
outer limits of its continental shelf. The Secretary General is properly
published.

10th The provisions of this article shall prejudice the question
delimitation of the continental shelf between States with opposite or adjacent.
Article 77



Rights of the coastal State over the continental shelf

First The coastal State exercises over the continental shelf sovereign rights for
purpose of exploring and exploiting its natural resources.

Second The rights referred to in paragraph. 1 are exclusive in the sense that it does not carry out coastal State
explore the continental shelf or exploit its natural resources
no one may undertake these activities without the express consent of the coastal state
.

Third The rights of the coastal State over the continental shelf do not depend on
occupation, effective or notional, or on any express proclamation.

Fourth The natural resources referred to in this Part consist of the mineral and other inanimate
resources of the seabed and subsoil together with living organisms
belonging to sedentary species, that is, organisms which, in a state where it is possible
hunt, either are immobile on the sea bottom or underneath
or are unable to move except in constant physical
contact with the seabed or the subsoil.
Article 78


Legal status of waters and air space and the rights and freedoms of other States

First The rights of the coastal State over the continental shelf do not affect the legal status
waters or airspace above those waters.

Second Exercise of the rights of the coastal State over the continental shelf must not infringe
navigation and other rights and freedoms of other States as provided in this Convention
not result in any unjustifiable interference.
Article 79


Submarine cables and pipelines on the continental shelf

First All States are entitled to lay submarine cables and remote
pipelines on the continental shelf in accordance with the provisions of this article.

Second The coastal State may not impede the laying or maintenance
cables or pipelines on the continental shelf, subject to its right to take reasonable measures to
continental shelf exploration, exploitation
natural resources and the prevention, reduction and control of pollution from || | pipe.

Third Laying out the laying of such pipelines on the continental shelf is subject
consent of the coastal state.

Fourth Nothing in this section shall affect the rights of the coastal State
establish conditions for cables or pipelines entering its territory or
into its territorial sea or its jurisdiction over cables and
pipelines constructed or used in connection with
exploration of its continental shelf or exploitation of its resources or
use of artificial islands, installations and structures under its jurisdiction
.

Fifth When laying submarine cables or pipelines, States shall have due regard
already on the cables or pipelines.
Especially not jeopardized possibilities of repairing existing cables or remote
pipeline.


Čl.80
Artificial islands, installations and structures on the continental shelf

Article 60 shall apply mutatis mutandis ^ 1) shall apply to artificial islands, installations and structures
on the continental shelf.


Čl.81
Drilling on the continental shelf

Coastal State has the exclusive right to authorize and regulate drilling on the continental shelf
for any purpose.
Article 82


Payments and contributions associated with the use
continental shelf beyond 200 nautical miles

First Regarding the use of non-living resources of the continental shelf
beyond 200 nautical miles from the baselines from which to measure
breadth of the territorial sea, the coastal State diverts payments or provides
posts in the excavated materials.

Second Payments and contributions to all production at a site and divert
provide annually after the first five years of production at that site
. Sixth year, the rate of payment or contribution shall be 1% of the value or volume
production at the site. This rate increases
each subsequent year until the twelfth year of 1% and then remain at 7%.
Production does not include resources used in connection with exploitation.

Third Developing State which is a net importer of mineral resources
produced from its continental shelf is exempt from making such payments or contributions
of that mineral resource.

Fourth Payments and contributions shall be made through the Authority, which distributes
States Parties to the criteria of fair distribution
with the interests and needs of developing States, which
particularly the least developed and landlocked.

Article 83


Delimitation of the continental shelf between States with opposite or adjacent coasts


First Delimitation of the continental shelf between States with opposite or adjacent coasts
be determined by agreement on the basis of international
law, as stated in Art. 38 of the Statute of the International Court of Justice,
in order to achieve an equitable solution.

Second If no agreement can be reached within a reasonable period, acceding States concerned
to the procedures provided for in Part XV.

Third Pending agreement under paragraph. 1, the States concerned, in a spirit of understanding and cooperation
make every effort to reach
provisional arrangements of a practical nature, and that during this transitional period will not compromise
final agreement or
hamper the achievement. Such an arrangement is not detrimental to the final delimitation.

Fourth Where among the States concerned an agreement in force, will
questions relating to the delimitation of the continental shelf in accordance with regulated
provisions of that agreement.
Article 84


Charts and lists of geographical coordinates

First In accordance with this Part, the outer limit lines of the continental shelf delimitation
a line delineated in accordance with Article 83 shall be shown
on charts of a scale or scales that are appropriate
to determine their position. As a replacement can be used
list of geographical coordinates of points, specifying the geodetic data.

Second The coastal State shall give due publicity to such charts or lists
geographical coordinates and shall deposit a copy of each such chart or list with
UN Secretary-General, and in terms of nautical charts and lists of geographical coordinates
showing the outer boundaries || | continental shelf, with the Secretary General Office.
Article 85

Tunnel construction


This part does not prejudice the right of the coastal State to exploit the subsoil
tunneling, irrespective of the depth of water above the subsoil.

PART VII:

Open sea
Section 1
:
GENERAL PROVISIONS



Čl.86
The scope of this Part

Provisions of this Part apply to all parts of the sea that are not
included in the exclusive economic zone, the territorial sea or in inland waters
state or in the archipelagic waters of an archipelagic state. For
this article does not imply any restrictions on the freedoms enjoyed by all States in
exclusive economic zone in accordance with Article 58.
Article 87


Freedom of the high seas

First The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas is exercised under the conditions laid down by the Convention
and other rules of international law. It includes, among other things, for
coastal and inland states:

(A) freedom of navigation;

(B) freedom of overflight;

(C) freedom to lay submarine cables and pipelines in accordance with
Part VI;

(D) freedom to construct artificial islands and other installations permitted under international law
in accordance with Part VI;

(E) freedom of fishing in accordance with the conditions set out in Section 2;

(F) freedom of scientific research, subject to Parts VI and XIII.

Second These freedoms exercised by all States with due regard for the interests of other states
with the use of freedom of the seas, and also with due regard for the rights
which the Convention applies to activities in the Area.


Čl.88
The high seas for peaceful purposes

Seas shall be reserved for peaceful purposes.


Čl.89
Invalidity of claims of sovereignty over the high seas

No State may validly purport to subject any part
seas to its sovereignty.


Čl.90

Right of navigation
Every State, whether coastal or not, has the right to offshore
sail ships under its flag.


Čl.91
Nationality ships

First Each state sets the conditions for the grant of its nationality
ships, for the registration of ships in its territory and for the right to fly its flag
. Ships have the nationality of the State whose flag they are entitled to fly
There must exist a genuine link between the State and
ships.

Second Each State shall issue to ships to which it has granted the right to fly its
flag documents.


Čl.92

Status of ships
First Ships sail under the flag of one State only and, save in exceptional

Cases expressly provided for in international treaties or in this Convention,
subject on the high seas to its exclusive jurisdiction. During the trip, or while in a port
ship may not change its flag
except in the case of a real transfer of ownership or change of registration.

Second The ship sailing under the flags of two or more States, using them according to convenience
can not be enforced against any third State
any of these nationalities and might be considered a ship without nationality
jurisdiction.


Čl.93
Ships flying the flag of the United Nations, its specialized agencies and the International
Atomic Energy Agency

Previous articles do not prejudice the question of ships used for business purposes
United Nations, its specialized agencies or the International Agency for Atomic Energy
flying the flag of the organization.


Čl.94
Flag State responsibility

First Every State shall effectively exercise its jurisdiction and control in administrative,
technical and social matters over ships flying its flag
.

Second Every state in particular:

(A) maintain a register of ships containing the names and particulars of ships
flying its flag, except those which are excluded from
generally accepted international regulations due to their small size
; and

(B) assume jurisdiction under its internal law over each
ships flying its flag and its master, officers and crew
in administrative, technical and social matters concerning the ship
.

Third Every State shall respect to ships flying its flag
such measures as are necessary to ensure safety at sea, among others
regarding:

(A) the construction and equipment of ships and seaworthiness at sea;

(B) the manning of ships, labor conditions and training of crews,
into account the applicable international instruments;

(C) the use of signals, the maintenance of communications and prevention of collisions.

Fourth Such measures include measures necessary to ensure that:

(A) before registration and thereafter at appropriate intervals
surveyed by a qualified surveyor of ships, and has on board such
maps, nautical publications and navigational equipment and instruments that are necessary for safe
cruise ship;

(B) that each ship is managed by the captain and officers who possess appropriate qualifications
, especially in seamanship, navigation, communications and marine engineering
, and that the crew is appropriate in qualification and numbers
match type size, machinery and equipment of the ship;

(C) the captain, officers, and to the extent appropriate, the crew are fully conversant with
applicable international regulations concerning
safety of life at sea, collision avoidance, prevention, restriction
and control of marine pollution and maintain radio communications, and to be guided
obligation to abide by them.

Fifth In implementing the measures called for in paragraphs. 3 and 4, from
each State is required to conform to generally accepted international
regulations, procedures and practices and to take all necessary steps to ensure their compliance with
.

6th A State which has clear grounds to believe that was not done
proper jurisdiction and control with respect to a ship
can report these facts to the flag State. Upon receiving such a report
state flag investigate the matter and, if appropriate, take the necessary steps to remedy the situation
.

7th Each State shall ensure that every marine casualty investigation or
boating accidents on the high seas on a ship that flies its flag and
caused loss of life or serious injury to nationals of another State or
serious damage to vessels or installations of another State
or the marine environment, and duly qualified person or persons, or
under their command. The flag State and the other State shall cooperate in the implementation
any investigation of a marine casualty or incident of navigation
that other State.
Specifically, Article 95


Immunity of warships on the high seas

Warships are fully exempted from the jurisdiction of any State other than the State
flag.
Article 96


Immunity of ships used only on government non-commercial service

Ships owned or operated by a State and which are

Used only on government non-commercial service are fully exempted from
jurisdiction of any State other than the flag State.


Čl.97
Criminal Jurisdiction in the event of a collision or any other incident of navigation

First In the event of a collision or any other incident of navigation
ship on the high seas, involving the penal or disciplinary responsibility
master or of any other person in the service of the ship can not be
against these persons instituted criminal or disciplinary proceedings , but
before the judicial or administrative authorities either of the State whose flag the ship was sailing
or the State of which such person is a national.

Second In disciplinary matters, the State which issued the command
license or certificate of competency or permit
sole jurisdiction to make after due legal process spoke on the withdrawal of these documents
even when their holder is not a national of the State which issued
.

Third No authorities other than the flag State can not order the seizure or detention
ship, even for investigative purposes.


Čl.98
Obligation to provide assistance

First Every State shall require the master of a ship flying its flag
so far as he can do so without serious danger to the ship, its crew or passengers
:

(A) to render assistance to any person found at sea in danger
life;

(B) with all possible speed to the rescue of people who are in danger
, if informed of their need of assistance, and where
such action may reasonably be expected;

(C) after a collision, to render assistance to the other ship, her crew and her
passengers and, where possible, to inform the other ship of the name
his own ship, its port of registry and the nearest port at which it will call.

Second Every coastal State shall promote the creation, operation and maintenance
adequate and effective search and rescue service to ensure
safety on and over the sea and, where circumstances so require,
negotiated for this purpose regional agreement on mutual cooperation
with neighboring states.


Čl.99 The ban on the transport of slaves


Each State shall take effective measures to prevent and punish
transport of slaves in ships authorized to fly its flag
to prevent the unlawful use of its flag for that purpose. Any slave
refuge on board any ship, irrespective of its flag
sails, shall ipso facto freedom.


Čl.100
Obligation to cooperate in the repression of piracy

All States as much as possible together to tackle piracy on the high seas
or in any other place outside the jurisdiction of any State
.


Čl.101

Definition of piracy
Piracy consists of the following acts:

(A) any illegal acts of violence or detention, or any act of depredation
committed for private ends by the crew or the passengers
private ship or a private aircraft, and directed:

(I) on the high seas, against another ship or aircraft, or against persons or property
on board;

(Ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State
;

(B) any act of voluntary participation in the operation of a ship or aircraft
if the person who commits them, knows the facts that
imprint of the ship or aircraft of this nature pirate ship or aircraft;

(C) any act of inciting or of intentionally facilitating
act described in subparagraph. (A) or (b).


Čl.102
Piracy warship, government ship or government aircraft whose crew has mutinied


Acts of piracy, as defined in Article 101, committed war
, government ship or government aircraft whose crew mutinied
are considered as acts committed by private boat.


Čl.103
Definition of a pirate ship or aircraft

The pirate is deemed ships or aircraft, are persons under their effective control
located, intended to commit any of the acts mentioned
in Article 101. This is also true when it comes to ships or aircraft | || that were used to commit such acts, if they remain under
control of the persons guilty of that act.


Čl.104
Retention or loss of nationality of a pirate ship or aircraft


Ship or aircraft may retain its nationality although it
was transformed into a pirate ship or aircraft. Retention or loss of nationality
determined by state law, which granted such nationality.


Čl.105
Seizure of a pirate ship or aircraft

On the high seas or in any other place outside the jurisdiction of any State
, every State may seize a pirate ship or aircraft, or
ship or aircraft taken by piracy and being in their power
and arrest the persons and seize the property on board. The courts state that
carried out the seizure may decide upon the penalties to be imposed
as well as measures to be taken regarding these aircraft, ships and
property, subject to the rights of third parties acting in good faith.


Čl.106
Liability for seizure without adequate grounds

State that without sufficient reason commandeered a ship or aircraft on suspicion of piracy
is the responsibility of the state whose nationality
impounded ship or aircraft should, for any loss or damage caused by the seizure.
Article 107


Ships and aircraft which are entitled to seize on account of piracy


Seizure on account of piracy may be carried out only by warships
or military aircraft, or other ships and aircraft that are
clearly marked and identifiable as ships or aircraft in service
state and for this purpose empowered .


Čl.108
Illicit traffic in narcotic drugs or psychotropic substances

First All States shall cooperate in combating illicit trafficking
narcotic drugs and psychotropic substances engaged in offshore
contrary to international conventions.

Second Any State which has reasonable grounds for believing that a ship flying its flag
is engaged in illicit traffic in narcotic drugs or psychotropic substances
may request other States to cooperate in
suppress such traffic.


Čl.109
Unauthorized broadcasting from the high seas

First All States shall cooperate in the suppression of unauthorized broadcasting from the high seas
.

Second For the purposes of this Convention, "unauthorized broadcasting" means the transmission
sound radio or television broadcasts from a ship or installation
on the high seas intended for reception by the general public
contrary to international regulations, with the exception of emergency call.

Third Any person engaged in unauthorized broadcasting may be prosecuted before the court
:

(A) of the State whose flag the ship flies;

(B) the State of registry of the installation;

(C) the State of which the person is a national;

(D) any State where the transmissions can be received; or

(E) any State where authorized radio communication is suffering interference.

Fourth On the high seas, a State having jurisdiction in accordance with paragraph.
3 of Article 110, arrest any person or ship that is engaged
unauthorized broadcasting and seize the broadcasting apparatus.


Čl.110
Right to explore the ship

First With the exception of cases where acts of interference derive from powers
by treaty, a warship that is not among the ships
enjoying complete immunity in accordance with Articles 95 and 96, carry identification
this ship unless it is reasonable suspicion that:

(A) the ship is engaged in piracy;

(B) the ship is engaged in the slave trade;

(C) the ship is engaged in unauthorized broadcasting and state
flag the warship has jurisdiction under Article 109;

(D) the ship is without nationality; or

(E) the ship flying a foreign flag or refusing to show its flag has
actually the same nationality as the warship.

Second In the cases referred to in paragraph. 1, the warship may proceed to verify the ship's right
flag it flies. For this purpose the suspected ship
to send a boat under the command of an officer. If suspicion
even after the documents have been checked, it may proceed to a further examination on board
ship, which must be possible consideration.

Third If it turns out that the suspicions were unfounded and that the ship boarded
committed any act that would justify such a suspicion,
to be compensated for any loss or damage suffered.


Fourth These provisions apply mutatis mutandis ^ 1) apply to military aircraft.

Fifth These provisions also apply to any other duly authorized ships or aircraft
which are clearly marked and can be regarded as a ship or aircraft
government service.
Art.111


The right of hot pursuit

First A foreign ship may be persecuted if the competent authorities of the coastal State
reason to believe that the ship has violated the laws of this state
. Such pursuit must be commenced when the foreign
ship or one of its boats is within the internal waters, the archipelagic
waters, the territorial sea or the contiguous zone of the pursuing State, and may
continued outside the territorial sea or zone
adjacent a condition that has not been interrupted. It is not necessary that the ship, which directs
alien ship sailing in the territorial sea or the contiguous zone that
stopped, there is also found when the ship said
receives this command. If the foreign ship is within a contiguous zone, as defined in Article 33
may be persecution initiated only if there has been a breach
rights, the protection of which the zone was established.

Second The right of hot pursuit shall apply mutatis mutandis to
violation of the laws of the coastal State applicable in accordance with
this Convention concerning the exclusive economic zone or continental shelf
including safety zones around continental shelf on
occurring within the exclusive economic zone or continental shelf
including such safety zones.

Third The right of hot pursuit ceases as soon as the ship pursued entering internal
into the sea of ​​its own State or third country.

Fourth Persecution is deemed to commence only on condition that the ship convinced
pursuing such appropriate means at its disposal
that the ship pursued or one of its boats or other boats
forming a group and using the ship pursued as
mother ship is within the boundaries of the territorial sea, or possibly in nearby
zone or the exclusive economic zone or above the continental shelf.
Pursuit may only be commenced after he was given
visual or auditory signal to stop at a distance allowing foreign
boat to be seen or heard.

Fifth The right of hot pursuit may be exercised only by warships
or military aircraft, or other ships or aircraft intended for
government service and authorized to that effect.

6th When the persecution carried out by plane:

(A) the provisions of paragraph. 1-4 applies mutatis mutandis ^ 1) apply to this method
persecution;

(B) the aircraft giving the order to stop must itself actively
pursue the ship until a ship or another aircraft of the coastal State
summoned by the aircraft, arrives to the continued persecution
in the event that the aircraft is itself able to arrest the ship
. In order to stop the ship outside the territorial sea was justified
not enough to bring the plane, only to find that the ship
committed an offense or is suspected of an offense, not when the ship put
ordered to stop and was not pursued by
plane or other aircraft or ships which continue the pursuit without interruption
.

7th The release of a ship arrested on the spot, within the jurisdiction
of a State and escorted to a port of that State for the purpose
inquiry before the competent authorities may not be claimed solely on
reason that the ship and her escorted across a portion of the exclusive economic zone
or the high seas, if the circumstances rendered this necessary.

8th Where a ship has been stopped or arrested outside the territorial sea
under circumstances which do not justify the exercise of the right of hot pursuit
interruption will be compensated for any loss or damage that may have been thereby
occurred.


Čl.112
Right to lay submarine cables and pipelines

First All States are entitled to lay submarine cables and pipelines on the bottom
seas beyond the continental shelf.

Second Such cables and pipelines, Article 79 par. 5th
Rule 113


Breaking or injury of a submarine cable or pipeline


Every State shall adopt the necessary legislation to ensure that it
considered criminal breaking or injury of a submarine cable beneath the high seas
which could result in the interruption or disruption
telegraph or telephone services, and interruption or
damaging undersea pipes or cables of high tension, caused
intentionally or through gross negligence ships flying its flag or
person subject to its jurisdiction. This provision also applies to
conduct that is calculated or likely to result in such
disruptions or damage. But not to interrupt or
injury caused by persons who acted merely saving their lives or
ship, which is legitimate, and having taken all necessary
measures to prevent such break or injury.


Čl.114
Breaking or injury of a submarine cable or pipeline
owner of another submarine cable or pipeline

Every State shall adopt the necessary legislation to ensure that persons
subject to its jurisdiction who are the owners of a cable or remote
pipe on the high seas, in laying or repairing that cable or pipeline
cause a break in or injury to another cable or pipeline
, bear the cost of repair.


Čl.115
Compensation injury that occurred in order to prevent damage to the undersea
cable or pipeline

Every State shall adopt the necessary legislation to ensure that
owners of ships who can prove that in order to prevent damage
submarine cable or pipeline sacrificed an anchor, a net or any other fishing gear
advance They take all reasonable steps to prevent this
were indemnified by the owner of the cable or pipe.
Section 2
:

Maintenance of the living resources of the oceans AND MANAGEMENT OF


Čl.116
Right to fish on the high seas

All States have the right for their nationals
engage in fishing on the high seas subject to:

(A) their treaty obligations;

(B) rights and obligations, as well as the interests of coastal States provided for, inter alia,
, in Article 63, paragraph. 2 and Articles 64 to 67; and

(C) of this section.


Čl.117
Obligation of states to take measures for maintenance of the living resources of the high seas
terms of their nationals

All States have the duty to take, or to cooperate with other
States in taking such measures in respect of their nationals
members, which are necessary for the maintenance of the living resources of the high seas
.


Čl.118
Cooperation of States in the management of living resources and their conservation

States shall cooperate in the management of living resources in the areas
seas and their observance. States whose nationals
nationals exploit identical living resources, or different resources in the same area
, will enter into negotiations with a view to adopt the means necessary for maintaining appropriate
living resources. According
cooperate in taking the measures necessary for the conservation of living
relevant sources. For this purpose, as appropriate, cooperate to establish
regional fisheries organizations.


Čl.119
Conservation of the living resources of the high seas

First In determining the allowable catch and establishing other measures
to the conservation of living resources in the high seas, states:

(A) on the basis of the latest scientific data available to the States concerned
take measures aimed at conserving and restoring populations of huntable
species at levels that allow for maximum continuous extraction of these resources, designed
relevant environmental and economic factors , including articles
to the special requirements of developing countries and taking into account the ways
fishing, the interdependence of stocks and any generally recommended
subregional, regional and universal international minimum standards;

(B) take into consideration the effects on species associated with the harvested species
their dependents with a view to maintaining or restoring populations of such
associated or dependent species above levels at which their reproduction may become seriously
threatened.

Second Available scientific information, statistics on catches and fishing and other

Data relating to the conservation of fish stocks will be the participation of all concerned
States, as appropriate and on a regular basis and provided
exchanged through relevant subregional, regional and international organizations
universal.

Third States concerned shall ensure that measures for conserving living resources and their implementation
form or in fact discriminate against the fishermen of any State
.


Čl.120 Marine mammals


Article 65 also applies to the conservation of marine mammals in the high seas
and managing them.

PART VIII:


MODE ISLANDS

Čl.121

Mode Islands
First The island is a naturally formed area of ​​land, surrounded by water, which is
at high tide the water.

Second Except as provided in par. 3 the territorial sea, the contiguous
zone, exclusive economic zone and continental shelf of the island in accordance with
provisions of this Convention applicable to other land territory.

Third Rocks which can not sustain human habitation or economic
own existence, have no exclusive economic zone or continental shelf.

PART IX:

Closure and semi-enclosed seas


Čl.122

Definition
For the purposes of this Convention, "enclosed or semi-enclosed sea" means a gulf,
basin or sea surrounded by two or more States and connected to another sea
narrow outlet or consisting entirely or primarily of the territorial seas and exclusive
economic zones of two or more coastal States.


Čl.123
Cooperation of States bordering enclosed or semi-enclosed sea

States bordering an enclosed or semi-enclosed sea should
cooperate in the exercise of their rights and obligations under this Convention
. To achieve this goal, either directly or through an appropriate regional organization
strive for:

(A) coordinating the management of the living resources of the sea, conservation, exploration and exploitation
;

(B) to coordinate the implementation of their rights and duties with respect to
protection and preservation of the marine environment;

(C) to coordinate their scientific research policies and undertake where
appropriate joint programs of scientific research in the field;

(D) to invite other interested States or international organizations to
cooperation in the implementation of its provisions, if appropriate.

PART X:

RIGHT INLAND State, to and from the sea AND FREEDOM OF TRANSIT



Čl.124

Definition
First For the purposes of this Convention:

(A) "land-locked State" means a State which has no sea-coast;

(B) "transit State" means a State, whether the sea-coast, or without
whose territory traffic in transit passes, and which lies between
locked State and the sea;

(C) "traffic in transit" means transit of persons, baggage, goods and means of transport
territory of one or more transit States, when
passage across such territory, with or without transhipment, storage,
breaking bulk or change the mode of transport, only part of the whole
journey which begins or ends in the territory locked State;

(D) "means of transport" means:

(I) means of rail transport, sea, lake and river craft and road vehicles
;

(Ii), porters and pack animals, where local conditions so require.

Second Land-locked States and transit States may, by mutual agreement
classified as means of transport pipelines and gas pipelines, as well as other means of transport
than those included in paragraph. 1st
Article 125


Right of access to and from the sea and freedom of transit

First Landlocked countries have a right of access to and from the sea for the purpose
exercise of the rights provided for in this Convention including those relating
freedom of the seas and the common heritage of mankind. For this purpose
locked States shall enjoy freedom of transit through the territory of transit countries
all means of transport.

Second The conditions and modalities for exercising freedom of transit shall be agreed between
locked States and transit States concerned through
bilateral, subregional or regional agreements.

Third Transit States, in the exercise of their full sovereignty over their territory
right to take all necessary measures to ensure that the rights and facilitating
landlocked countries set out in this Part shall not in any way

Infringe their legitimate interests.


Čl.126
Exclusion of application of MFN

The provisions of this Convention, as well as special agreements relating to the exercise
right of access to and from the sea, establishing rights and facilitating
with regard to the special geographical position of land-locked States, are excluded from the application
MFN.


Čl.127
Customs duties, taxes and other charges

First Transit shall not be subject to any customs duties, taxes
or other charges except charges levied for specific services
provided in connection with such traffic.

Second Transit vehicles and other facilities provided
locked States and used by them are not subject to taxes or charges
higher than the taxes and fees imposed for the use of transport
of the transit State.


Čl.128
Free zones and other customs facilities

To facilitate transit transport can be input or output ports
transit States, by agreement between those States and the land-locked States
establishment of free zones and other customs facilities.


Čl.129
Cooperation in the construction and improvement of means of transport

If there are transit-country vehicles, which would
There has freedom of transit or where the existing facilities
including port facilities and equipment in every respect inadequate
may transit States and the inland
States to cooperate in the construction or improvement.
Article 130


Measures to avoid or eliminate delays or other difficulties
technical nature in traffic in transit

First Transit States shall take all appropriate measures to avoid delays or other difficulties
technical nature in traffic in transit.

Second If such delays or difficulties occur, the competent authorities of the transit States and
locked States concerned shall cooperate
towards their expeditious elimination.


Čl.131
Equal treatment in maritime ports

Ships that sail under the flags of landlocked countries in maritime ports
gets the same treatment as that accorded to other foreign ships
.


Čl.132
Providing greater transit facilities

This Convention does not in any way the withdrawal of transit facilities which are
greater than those provided by this Convention and which are agreed
States Parties or granted by a State Party.
This Convention also does not preclude such grant of greater facilities in the future.

PART XI:


AREA Section 1
:
GENERAL PROVISIONS



Čl.133

Definition
For the purposes of this Part:

(A) "resources" means all solid, liquid or gaseous mineral resources
located in the area on the seabed or beneath, including
polymetallic nodules;

(B) resources, when recovered from the Area are presented as "minerals".


Čl.134
The scope of this Part

First This part applies to the area.

Second Activity in the area is governed by the provisions of this Part.

Third Requirements relating to the storage and publication of charts or
lists of geographical coordinates showing the limits referred to in Article 1, paragraph
. 1, are listed in Section VI.

Fourth Nothing in this article shall affect the determination of the external borders
continental shelf in accordance with Part VI or the validity of agreements
relating to delimitation between States with opposite or adjacent coasts
.


Čl.135
The legal status of the waters and the airspace over the area

Neither this Part nor any rights granted under it or
exercised shall affect the legal status of the waters superjacent to the area, nor
airspace above those waters.
Section 2
:

PRINCIPLES GOVERNING THE AREA


Čl.136 Common heritage of mankind


Area and its resources are the common heritage of mankind.


Čl.137
Legal status of the Area and its resources

First No State can claim or exercise sovereignty or
sovereign rights over any part of the area or its resources, and
nor shall any State or natural or legal person may
appropriate any part thereof. No such claim or exercise

Sovereignty or sovereign rights nor such appropriation shall be recognized
.

Second All rights in the resources of the area are vested in mankind as a whole, on whose behalf the
Office. These resources are not subject to alienation.
Minerals recovered from the Area may only be alienated in accordance with this Part and the rules, regulations and procedures
Office.

Third No State or natural or legal person can apply
acquire or exercise rights with respect to the minerals recovered from the Area
otherwise than in accordance with this Part. Otherwise, no such claim,
acquisition or exercise of such rights shall be recognized.


Čl.138
General to exercise the rights and obligations of States in relation to areas

Rights and Duties of States, which relate to areas in order to maintain
peace and security and promoting international cooperation and mutual understanding
generally carried out in accordance with the provisions of this Part, the
principles embodied in the Charter United Nations and other norms of international law
.


Čl.139
Responsibility to ensure compliance and liability for damage

First Participating States are responsible for ensuring that the activities
Area, whether carried out by States Parties, or state enterprises
natural or legal persons who are nationals of States Parties or
which are effectively
control of participating states or their nationals
will be conducted in accordance with this Part. The same responsibility applies to international
organizations carrying out activities in the Area.

Second Notwithstanding the provisions of norms of international law and the provisions of Article 22
Annex III, the damage that has been caused due to failure to perform
liability under this Part State Party or international
organization carries liability; acting together
States Parties or international organizations shall be jointly and severally liable
. The State Party is not liable for damage caused by any failure
provisions of this Part person sponsored by
Article 153. 4 and Article 4, paragraph. 4 of Annex III.

Third States Parties that are members of international organizations shall take
appropriate measures to ensure the implementation of this article with respect to such organizations
.


Čl.140

Benefit of mankind
First Activity in the area, such as specifically provided in this Part, the
carried out for the benefit of mankind as a whole, irrespective of the geographical location
States, whether coastal or inland, and with particular regard to
interests and needs of developing States and peoples who have not attained full independence or other
autonomous status recognized by the United Nations in accordance with
General Assembly resolution 1514 (XV) and other relevant resolutions of the General Assembly
.

Second Office of the use of any appropriate mechanism, on a non-discriminatory basis
ensure the equitable sharing of financial and other economic
benefits derived from activities in the Area in accordance with Article 160 paragraph.
2 (f) (i).


Čl.141
Use Area exclusively for peaceful purposes

The area is open to use exclusively for peaceful purposes by all States
whether coastal or land-locked, without discrimination and without
any other provision of this Part.


Čl.142
Rights and legitimate interests of coastal States

First Regarding the site of resources in areas of activity in areas that
lies beyond national jurisdiction, shall be conducted with due regard
to the rights and legitimate interests of any coastal state in whose jurisdiction the
such deposits are .

Second In order to prevent infringement of such rights and interests concerned will be consulted
state, including a system of prior notification. In cases where activities in the Area
leads to the exploitation of resources lying within national jurisdiction
, requires the prior consent of the coastal state.

Third Neither this Part nor any rights granted or exercised pursuant thereto
shall not affect the rights of coastal States to take such measures
with the relevant provisions of Part XII as may be necessary
to prevent, mitigate or eliminate grave danger
danger to their coastline, or related interests from pollution
or threat thereof or from other hazardous occurrences resulting from

Activities in the Area, or caused by this activity.


Čl.143 Marine scientific research


First Marine scientific research in the field is carried out exclusively for peaceful purposes
and the benefit of mankind as a whole in accordance with Part XIII.

Second The Authority may carry out marine scientific research concerning the Area and its resources
, and may for that purpose enter into contracts.
Office supports the implementation of marine scientific research in the Area
coordinate and disseminate the results of such research and analysis when available.

Third States Parties may carry out marine scientific research in the Area;
Promote international cooperation in marine scientific research in the Area through
:

(A) participating in international programs and encouraging cooperation in marine
scientific research by personnel of different countries and of the Authority;

(B) ensuring that programs are developed through the Authority or other international organizations
, where possible, to the benefit of developing countries and
less technologically advanced countries in order to:

(I) strengthening their research capabilities;

(Ii) training their personnel and the personnel of the Authority in the techniques and applications of research
;

(Iii) fostering the employment of their qualified personnel in research
in the Area;

(C) effectively disseminating the results of research and analysis when
available, depending on the circumstances, either by the Authority or other international institutions
.


Čl.144 Transfer of technology


First Bureau shall, in accordance with this Convention measures:

(A) to acquire technology and scientific knowledge relating to activities in the Area
; and

(B) to promote and encourage the transfer of such technology and scientific knowledge
developing States so that all States Parties
benefit.

Second To this end the Authority and States Parties shall cooperate in promoting
transfer of technology and scientific knowledge relating to activities in the
area so that the enterprise and all States Parties should
benefit. Especially encourage and support:

(A) programs for the transfer of technology of the Enterprise and to developing States with regard
activities in the field, including, inter alia, facilitating access for businesses and
developing States to the relevant technology, under fair and reasonable terms and
conditions ;

(B) measures aimed at developing technology enterprise and private
technology of developing States, particularly by providing experts
Enterprise and developing States opportunities for training in marine science and
technology and for their full involvement in activities in the Area.


Čl.145 Protecting the marine environment


To ensure effective protection of the marine environment from harmful
effects that may result from activities in the Area carried
the necessary measures in accordance with this Convention. For this purpose
Office receives the relevant rules, regulations and procedures, among others, regarding:

(A) the protection, reduction and control of pollution and other hazards to the marine environment, including
coast and interference with the ecological balance
marine environment, with particular attention being paid to the need
protection from the harmful effects of such activities, such as drilling,
dredging, excavation, disposal of wastes and the construction, operation or maintenance
equipment, pipelines and other devices related to such activities
;

(B) protection and conservation of the natural resources of the area and the prevention
damage to the flora and fauna of the marine environment.
Article 146

Protection of human life


To ensure the effective protection of human life in terms of activity
zones are necessary measures. For this purpose, the Authority shall adopt
appropriate rules, regulations and procedures to supplement existing
international law as embodied in relevant treaties.
Article 147


Customizing activities in the Area and in the marine environment

First Activity in the area is carried out with reasonable regard for other activities in the marine environment
.

Second Devices that are used for carrying out activities in the Area
subject to the following conditions:

(A) such installations shall be erected, emplaced and removed solely
in accordance with this Part and the rules, regulations and procedures of the Authority.
Location, relocation and removal of such installations must be properly

Published and must be maintained constant
means for giving warning of their location;

(B) such installations may not be placed where they can interfere
use of recognized sea lanes essential to international navigation
or in areas of intense fishing activity;

(C) around such equipment shall be properly marked safety zones
to ensure the safety of maritime navigation and the installations.
The shape and location of such safety zones will have to form a belt
impeding the lawful access by boat to particular maritime zones or
international maritime shipping lanes;

(D) such installations shall be used exclusively for peaceful purposes;

(E) such facilities do not have the status of islands. They have their own
coastal sea and their presence does not affect the delimitation of the territorial sea,
exclusive economic zone or continental shelf.

Third Other activities in the marine environment shall be conducted with reasonable regard for activities in the Area
.


Čl.148
Participation of developing States in activities in the Area

Effective participation of developing States in activities in the Area shall be promoted as
specifically provided in this part, having due regard to their
special interests and needs of their particular to the special needs of landlocked and
geographically disadvantaged states
overcome obstacles arising from their disadvantaged location, including remoteness from the area and
difficulty of access to and from it.


Čl.149
Archaeological and historical objects

All objects of an archaeological and historical nature found in the Area
shall be preserved or deal with them for the benefit of mankind as a whole, and
with particular regard to the preferential rights of the State or country of origin or the State of cultural origin
or the State of historical and archaeological
origin.
Section 3
:

RESOURCE AREA


Čl.150
Principles activities in the Area

Activities in areas such as specifically provided in this Part, the
carried out in such a way as to promote the healthy development of the world economy
and balanced growth of international trade and to promote international cooperation
for all-round development countries, particularly
developing countries, to ensure that:

(A) development of the resources of the Area;

(B) orderly, safe and rational use of resources areas, including
effective implementation of activities in the Area, in accordance with sound
principles of conservation and the avoidance of unnecessary waste;

(C) the expansion of opportunities for participation in such activities consistent in particular with
Articles 144 and 148;

(D) participation in revenues by the Authority and the transfer of technology to the enterprise and developing
States as defined in this Convention;

(E) increased availability of the minerals derived from the Area as needed
conjunction with minerals derived from other sources so as to ensure
supplies to consumers of such minerals;

(F) the promotion of just and stable prices for minerals derived both from
Areas, and from other sources, to producers and fair to consumers
, and promote long-term balance between supply and demand;

(G) the enhancement of opportunities for all States Parties, regardless
their social and economic systems or geographical location, to participate
in the exploitation of resources of the Area and to prevent monopolization of activities in the
Areas;

(H) the protection of developing countries from adverse effects on their
economies or on their export earnings that would result
reduce the prices of the mineral or in the volume of exports unless
such a reduction would caused by activities in the Area as provided for in Article 151
;

(I) the development of the common heritage for the benefit of mankind as a whole; and

(J) the conditions for access to markets for the imports of minerals produced from
resources of the Area and for imports of commodities produced from such minerals, which
not be more favorable than the most favorable applied to
imports from other sources.


Čl.151

Mining Policy
First

(A) Without prejudice to the objectives set out in Article 150 and for the purpose of implementing subparagraph
. (H) of this Article, the Office, which acts
through existing institutions or such new arrangements or agreements
that will be appropriate, in which all interested parties,

Including manufacturers and consumers, takes necessary measures to support
growth, efficiency and stability of markets for those commodities produced from
minerals derived from the Area, at prices remunerative to producers and fair to consumers
. All States Parties shall cooperate to this end.

(B) The Authority shall have the right to participate in any commodity conference dealing with those commodities
which all interested parties, including
producers and consumers. The Authority has the right to become a party to any
arrangement or agreement resulting from such conferences.
Participation of the Authority in any organs established under those arrangements or agreements
concerns the production in the area and in accordance with the relevant rules of those bodies
.

(C) The Office shall fulfill its obligations under the arrangements or agreements referred to in this paragraph
manner which assures a uniform and non-discriminatory implementation
regarding the entire production of the minerals in the Area.
In accordance with the Authority shall act in a manner that is consistent with the terms
existing contracts and approved plans of work of the Enterprise.

Second

(A) During the interim period specified in paragraph. 3
commercial production will be carried out according to the approved plan of work until
until the operator has applied for permission to produce and such permission had been
Office issued. Such production authorizations may not be
applied for or issued more than five years before the scheduled start
commercial production under the plan works, the rules, regulations and procedures
Authority with regard to the nature and timing of project development
prescribe another period.

(B) In the application for the production authorization, the operator shall specify the annual quantity of nickel
expected production under the approved plan of work.
Request includes distribution costs are reasonably calculated to make
operators were allowed to begin commercial production on the date planned.

(C) For purposes of subparagraph. (A) and (b) The Authority, in accordance with Article 17 of Annex III
provides relevant regulatory requirements.

(D) The Office shall issue in any year of planned production in the transitional period
permission to produce the desired level, if the sum of that level and the levels already authorized
in an authorization shall not exceed the upper limit of the nickel production calculated
by paragraph. 4th

(E) When issued, the production authorization and approved application shall become a part
approved plan of work.

(F) If the operator's application for a production authorization is denied pursuant to subparagraph
. (D), the operator may at any time apply again to the Authority at
.

Third Transitional period of five years starting before January 1 of the year to which
planned under the approved plan of work commencement of commercial production.
If the earliest commercial production is delayed beyond the originally
planned, the beginning of the transitional period originally calculated upper
production ceiling shall be adjusted accordingly. Transitional period lasts either 25 years or until the end
review Conference referred to in Article 155 or until the day when
such new arrangements or agreements referred to in paragraph. 1 enters into force,
depending on what happens previously. Office regains competence for the rest
transitional period provided for in this article if expires
validity of these arrangements or agreements or such arrangements or agreements
become ineffective for any reason.

Fourth

(A) production ceiling for any year of the transition period is the sum
:

(I) the difference between the trend line values ​​for nickel consumption, as calculated pursuant to subparagraph
. (B) for the year immediately preceding the start
commercial production and the year immediately preceding the commencement
transitional period; and

(Ii) 60% of the difference between the trend line values ​​for nickel consumption, as calculated pursuant to subparagraph
. (B) the year in which it requests permission to
mining, and the year immediately preceding the commencement of commercial production.

(B) For the purposes of subparagraph. (A):

(I) trend line values ​​used for computing the
nickel production ceiling shall be those annual
trend line values ​​for nickel consumption, which has been calculated in the year in which it was issued
a production authorization. The trend line is derived from a linear regression
logarithms of actual nickel consumption for the last fifteen years the period for
which such data are available, time being the independent

Variable. This trend line indicates
as the original trend line;

(Ii) if the annual rate of increase of the original trend line is less than 3
%, then the trend line used to determine the quantities specified in sub paragraph
. (A) shall instead be one passing through
original trend line at the value for the first year of the relevant period of fifteen years,
and an annual growth of 3%; provided however that the production ceiling
established for any year of the interim period does not in any case exceed
difference between the original trend line for this year and
the original trend line for the year immediately preceding the commencement
transitional period.

Fifth The Office shall ensure the Enterprise for its initial production a quantity of 38,000 tons
nickel from the available production ceiling calculated pursuant to paragraph. 4th

6th

(A) An operator may in any year produce about 8% or less
more than the level of annual production of minerals from polymetallic nodules
specified in his production authorization, provided that the total volume of production
shall not exceed the amount specified in the authorization. Each
exceeding 8 to 20% in any year, or any excess in the first and
following two consecutive years in which
excesses occur, shall be negotiated with the Authority, which may require | || operator to cover additional production received additional permissions
to produce.

(B) Applications for such supplementary production authorizations
assessed by the Authority only after all pending applications by operators who have not received
production authorizations with due regard to other similar
applicant. In any year transitional period, the Office is governed by the principle
not exceeding the total production allowed under the production ceiling
. It shall not authorize the production under any plan of work
that exceeds the amount of 46,500 tons of nickel per year.

7th The level of production of other metals such as copper, cobalt and manganese
extracted from the polymetallic nodules extracted under authorization
production will be higher than the level of production that would have been obtained if
operator produced from those nodules top amount of nickel
under this Article. To implement this paragraph Authority shall establish rules, regulations and procedures
under Article 17 of Annex III.

8th Exploration and production of minerals from the area covers the rights and obligations
relating to unfair economic practices under relevant multilateral trade agreements
. In the settlement of disputes arising under this provision
States Parties which are parties to such
multilateral trade agreements shall have
dispute settlement procedures of such agreements.

9th The Office is authorized by adopting regulations in accordance with Article 161 paragraph. 8
limit the level of production of minerals from the Area, other than minerals from
nodules, under such conditions and applying such methods
may be appropriate .

10th On the recommendation of the Council, made on the basis of a Commission proposal
Economic Planning, the Assembly provides a system of compensation or take
other measures of economic adjustment assistance including cooperation with
specialized agencies and other international organizations, with the intention to help those
developing countries whose export earnings or
economy suffered a serious adverse consequences as a result of the price reduction
respective mineral or volume of its exports if such reduction
caused by activities in the Area. The Authority on request shall initiate studies on the problems
those States which are likely to be most seriously affected, in order to achieve
minimizing their difficulties and were given assistance
economic adjustment.


Čl.152
Exercise of powers and functions of the Office

First The Authority shall avoid discrimination in the exercise of its powers and functions
including the provision of opportunities for activities in the Area.

Second However, it allows you to pay special attention to developing countries, including special attention
landlocked and geographically disadvantaged
States as expressly provided in this Part.


Čl.153
The exploration and mining

First Authority on behalf of mankind as a whole, organize, conduct and control
activities in the Area in accordance with this article, as well as other

Relevant provisions of this part and the relevant annexes as
rules, regulations and procedures of the Authority.

Second Activities in the Area carried out as specified in paragraph. 3:

(A) Establishment and

(B) in conjunction with the Authority by States Parties, or State enterprises or
natural or legal persons who are nationals of participating States or
these States or their nationals
effectively controlled if the following States, or any group
which meets the requirements set out in this Part and in Annex III
suggested.

Third Activities in the Area shall be carried out in accordance with a formal written plan
work drawn up in accordance with Annex III and approved by the Council after
by the Legal and Technical Commission. In the event that activities in the Area carried out as authorized
by the entities specified in paragraph. 2 (b)
a plan of work in accordance with Article 3 of Annex III to form a contract.
Such contracts may provide for joint arrangements in accordance with Article 11
Annex III.

Fourth The Authority shall exercise such control over activities in the Area
what is necessary to ensure compliance with the relevant provisions of this Part
, Inserts that relating thereto, rules, regulations and procedures
Office and work plans approved accordance with paragraph. 3. In accordance with Article 139
participating States assist the Authority by taking all necessary measures
with the intent to ensure such compliance.

Fifth The Office is authorized to take at any time any measures provided
this part to ensure compliance with its provisions and the exercise
control and management functions that are assigned to it under this Part
or of any contract. The Authority has the right to inspect all
facilities in the area used in connection with activities in the Area.

6th The contract concluded under paragraph. 3 shall provide for security of tenure.
Contract therefore can not be modified, suspended or terminated, unless they have
happened in accordance with Articles 18 and 19 of Annex III.


Čl.154 Periodic review


Every five years after the Convention enters into force, the Assembly
undertake a general and systematic review of the manner in which the international regime
Areas established in this Convention has operated in practice.
Based on this review the Assembly may take, or recommend another
authorities to take measures that will improve the operation of the regime and
in accordance with the provisions and procedures of this part and the Annexes to the || | relating thereto.


Čl.155

Review Conference
First Fifteen years from 1 January this year, which will be launched
commercial production under the approved plan of work,
Assembly shall convene a conference for the review of those provisions of this part and
relevant Annexes which govern the system of exploration and exploitation
resource Areas. Based on the experience gained during this period
revision conference will discuss in detail:

(A) whether the provisions of this Part which govern the system of exploration and exploitation of resources
Areas achieved in all aspects of its objectives, including whether
benefit humankind as a whole;

(B) whether, during the fifteen-year period, reserved areas have been exploited
effective and balanced manner in comparison with non-;

(C) whether the development and use of the Area and its resources have been undertaken so
to foster healthy development of the world economy and balanced growth of international trade
;

(D) whether to prevent monopolization of activities in the Area;

(E) whether the fulfillment of the principles contained in Articles 150 and 151; and

(F) whether the system has resulted in the equitable sharing of benefits derived from activities in the Area
, with particular regard to the interests and needs of developing countries
.

Second The Review Conference will maintain the principles of the common heritage of mankind
international regime designed to ensure equitable exploitation of the resources of the Area
benefit of all countries, particularly developing countries; and
Authority to organize, conduct and control activities in the Area.
Also ensure respect for the principles enshrined in this Part relating
exclusion of claims or exercise of sovereignty over any part of the Area;
Rights of States and their general conduct in relation to the Area;
their participation in activities in the Area in accordance with this Convention;
prevention of monopolisation of activities in the Area; marine scientific research; technology transfer;

Protection of the marine environment; protection of human life;
rights of coastal States; the legal status of water over the area and the legal status
air space above those waters; as well as mutual adaptation activities
Areas with other activities in the marine environment.

Third The decision-making used at the conference will be
same as the one that was applicable at the Third United Nations Conference on the Law of the Sea
. The Conference shall make every effort to reach agreement on any changes
was reached by consensus and, until exhausted efforts to achieve
there should be a vote.

Fourth If, five years after its commencement, the Review Conference has not reached agreement on the system
exploration and exploitation of resources of the Area, it may decide during the next twelve months
three-fourths majority of States Parties that
adopt and submit to the States Parties for ratification or accession | || such amendments changing or modifying the system as it deems necessary and appropriate
. Such amendments enter into force for all States Parties
force twelve months after the deposit of instruments of ratification or accession
about two thirds of the participating states.

Fifth Amendments adopted by the Review Conference pursuant to this Article shall not affect
rights acquired under existing contracts.
Section 4
:


OFFICE
Subsection A:


General Provisions

Čl.156 Establishment of the Office


First There is hereby established the International Seabed Authority, which will operate
in accordance with this Part.

Second All States Parties are ipso facto ^ 2) members of the Authority.

Third Observers at the Third UN Conference on the Law of the Sea, who
signed the Final Act and who are not referred to in Article. 305, paragraph. 1 (c)
(d), (e) or (f), are entitled to participate the Authority as
observers, in accordance with its rules, regulations and procedures.

Fourth Head Office is in Jamaica.

Fifth The Authority may establish such regional centers or offices as
deems necessary for the performance of its functions.


Čl.157
Nature and basic principles of the Office

First The Authority is the organization through which States Parties
accordance with this Part, organize and control activities in the Area,
especially for the purpose of administering the resources of the Area.

Second The powers and functions of the Authority are those expressly conferred on it by this Convention
. Authority shall have such incidental powers, consistent with this Convention
arising from the exercise of the powers and functions with respect
activities in the area and they are essential.

Third The Authority is based on the principle of the sovereign equality of all its members.

Fourth All members of the Authority shall fulfill in good faith the obligations assumed under this Part
order to ensure all the rights and benefits resulting from membership
.


Čl.158 The bodies of


First There are hereby established the principal organs of the Authority, an Assembly, a Council and a Secretariat
.

Second It is hereby established the Enterprise, the organ through which
Office carries out its functions referred to in Article. 170, paragraph. 1

Third In accordance with this Part may be set up such subsidiary bodies
which are deemed necessary.

Fourth Each principal organ of the Authority and the company are responsible for exercising those
powers and functions entrusted to them.
In exercising such powers and functions each organ shall avoid taking any action which may
interfere with the exercise of specific powers and functions entrusted
another organ or hinder him.

Subsection B:


Assembly

Čl.159
Composition, procedures and voting

First The Assembly consists of all members of the Authority. Each member has one representative
Assembly who may be accompanied by alternates and advisers
.

Second The Assembly shall meet in regular annual sessions and in such
special session that may be convened by decision of the Assembly or
convened at the request of the Council or a majority of the members of the Office of the Secretary-General
.

Third If the Assembly decides otherwise, shall be held at the Headquarters Office.

Fourth The Assembly shall adopt its rules of procedure. At the beginning of each regular session
elect its chairman and another as needed
officials. They remain in office until such time as they
at the next regular meeting elected a new President and other officials.


Fifth Quorum consists of a majority of members of the Assembly.

6th Each member of the Assembly shall have one vote.

7th Decisions on procedural matters, including decisions to convene special sessions
Assembly shall be adopted by a majority of the voting members and
.

8th Decisions on matters of substance shall be taken
two-thirds majority of members present and voting, provided that such
majority includes a majority of members attending the meeting.
In the case of a dispute as to whether a substantial question or not, shall be considered a
question as essential, if not stated otherwise by the Assembly
majority of votes required for decisions on matters of substance.

9th If a substantive issue to vote for the first time, the President may postpone a decision on
vote on that question for a period not exceeding five
calendar days; and shall, if requested
least one fifth of the members of the Assembly. This rule can be any question
used only once and not used in a way
to defer the question beyond the end of the session.

10th On a written request addressed to the President and sponsored by at least one quarter
members of the Authority for an opinion on whether the proposal
any question before the Assembly in accordance with this Convention, asks
Assembly Chamber for disputes relating to the International Seabed
Tribunal for the law of the sea for an advisory opinion thereon and shall defer
voting on that proposal pending receipt of the report of the Chamber.
If the Assembly does not receive the report before the final week of the session in which
been requested decide when it will meet to vote on the deferred
proposal.


Čl.160 Powers and functions


First Assembly as the sole organ of the Authority which shall consist of all members
is considered the supreme organ of the Authority to which the other principal organs
accountable as expressly provided in this Agreement.
Assembly has competence in accordance with the relevant provisions of the Convention establish
Guideline on any question or matter which falls within the remit of the
.

Second In addition, the powers and functions of the Assembly are:

(A) to elect the members of the Council in accordance with Article 161;

(B) to elect the Secretary General of the candidates proposed by the Council;

(C) election of members of the Company Management Committee and CEO of the Company,
based on the recommendation of the Council;

(D) to establish such subsidiary organs as it deems necessary for the performance
its functions in accordance with this Part. When setting up subsidiary bodies
emphasis will be to ensure that members qualified and competent in relevant
technical issues, which these authorities
deal, taking due account shall be taken of the principle of equitable geographical distribution
and of special interests;

(E) fix the contribution to the administrative budget of the Authority in
accordance with an agreed scale based on the scale
used for the regular budget of the United Nations until the Authority shall have the seabed to cover administrative
spending sufficient income from other sources;

(F)

(I) upon the recommendation of the Council to consider and approve the rules, regulations and procedures
equitable sharing of financial and other economic
benefits derived from activities in the Area, as well as other payments and
contributions made pursuant to Article 82 , taking into particular consideration
the interests and needs of developing States and peoples who have not attained full independence or other
autonomous status. If the Assembly does not approve the recommendations of the Council
return them to the Council for reconsideration in light
views expressed by the Assembly;

(Ii) to consider and approve the rules, regulations and procedures, as well
amendments thereto, provisionally adopted by the Council pursuant to Article 162, paragraph. 2 (a) (ii).
These rules, regulations and procedures relating to prospecting, exploration and mining
in the areas of financial management and internal administration of the Authority and
recommendations of the Management Committee of the Company and the transfer of funds from the Enterprise to
Office;

(G) to decide on the equitable sharing of financial and other
economic benefits derived from activities in the Area, which will
consistent with this Convention and the rules, regulations and procedures;

(H) to consider and approve the proposed annual budget of the Authority submitted
Council;


(I) to examine periodic reports from the Council and the Enterprise and special reports requested
from the Council or any other organ of the Authority;

(J) to initiate studies and make recommendations in order to promote
international cooperation concerning activities in the area and assist
progressive development of international law in this area and his codification
;

(K) to consider problems of general nature in connection with activities in the Area
arising in particular developing States, as well as those problems
related activities in the Area, in particular those arising
landlocked and geographically disadvantaged States they are a consequence of their geographical position
;

(L) the Council recommendations made on the basis of a Commission proposal for economic
planning to create a system of compensation or other measures of economic adjustment assistance
terms of compensation as provided for in Article 151, paragraph
. 10 ;

(M) to suspend the exercise of rights and privileges under Article 185;

(N) to discuss any questions or matters within the remit of the
and decide which organ of the Authority will consider such a question
or things that were not directly entrusted to one authority, in accordance with
distribution of powers and functions between the Authority.

Subsection C:
Council



Čl.161
Composition, procedure and voting

First The Council consists of 36 members of the Authority elected by the Assembly in the following order
:

(A) four members from among those States Parties that
during the last five years for which statistics are available, have either consumed more than 2%
world consumption or have had net imports of more than 2%
global imports of commodities produced from the categories of minerals
derived from the area, and in any case one state from the East
(Socialist) region, as well as the largest consumer;

(B) four members from among the eight States Parties which have the largest
investments in preparation for and implementation of activities in the area, either directly or
through their nationals, including at least one
State from the East European (Socialist ) areas;

(C) four members from among States Parties which on the basis
production in areas under their jurisdiction are major net exporters of the categories
minerals derived from the Area, including at least two developing countries, in which
exports of such minerals have a substantial bearing on their
economy;

(D) six members from among developing States Parties, representing special interests
. The special interests to be represented include
States with large populations, States locked or geographically disadvantaged
, States which are major importers of the categories of minerals
derived from the area, States which are potential producers || | such minerals and least developed States;

(E) eighteen members elected according to the principle of ensuring a fair
geographical distribution of seats in the Council as a whole, assuming that
each geographical region shall have at least one member elected under this subparagraph
. For this purpose, the geographical regions shall
Africa, Asia, Eastern European (Socialist), Latin America and
Western Europe and other states.

Second In electing the members of the Council in accordance with paragraph. 1 Assembly shall ensure that:

(A) land-locked and geographically disadvantaged States are represented in
a degree which is reasonably proportionate to their representation in the Assembly
;

(B) coastal States, especially developing countries that do not qualify under paragraph
. 1 (a), (b), (c) or (d) are represented in
such an extent that it is in reasonable proportion to their representation in the Assembly
;

(C) each group of States Parties to be represented on the Council
represented by those members, if any, which are nominated by that group
.

Third Elections are held at regular sessions of the Assembly.
Each member of Council shall be elected for a term of four years. At the first election, however
of half the members of each group referred to in paragraph. 1
two years.

Fourth Council members may be re-elected, while also taking due
account the desirability of rotation of membership.

Fifth Board at the seat of the Authority and shall meet as often as required
operation Office, but at least three times a year.

6th Quorum consists of the majority of Council members.

7th Each Council member has one vote.

8th


(A) Decisions on procedural matters are made by a majority
members present and voting.

(B) Decisions on substantive matters which arise under Article 162
next paragraph. 2 subparagraph. (F), (g), (h), (i), (n), (p)
and (v) and Article 191 to take a two-thirds majority of those present and voting
members, provided, that such majority includes
majority of Council members.

(C) Decisions on substantive matters which arise under Article 162, paragraph
. 1; Article 162, paragraph. 2 subparagraph. (A), (b), (c), (d), (e), (l)
(q), (r), (s), (t), (u) in cases of failure of
a contractor or a State Party which nominated him (w) provided that orders issued
accordance with this subparagraph may be binding for not more than thirty days
unless confirmed by a decision taken in accordance with subparagraph || | (d) of this Article; Article 162, paragraph. 2 subparagraph. (X), (y) and (z);
Article 163, paragraph. 2; Article 174 para. 3; and Article 11 of Annex IV shall be adopted
three-fourths majority of members present and voting, provided
that such majority includes a majority of Council members.

(D) Decisions on substantive matters which arise under Article 162, paragraph
. 2 subparagraph. (M) and (o) changes and Part XI shall be adopted by consensus
.

(E) For purposes of subparagraph (d), (f) and (g), "consensus" means that
absence of any formal objection. Within fourteen days after the submission of the proposal to the Council finds
President of the Council, whether to the adoption of the proposal will be raised
formal objection. If the President determines that such an objection,
within three days following such determination shall establish and under his chairmanship
convene a conciliation committee consisting of not more than nine members of the Council, whose aim will be
reconciling the differences and producing a proposal which will be adopted by consensus.
Committee shall work expeditiously and report to the Council within fourteen days after
its establishment. If the committee is unable to recommend a proposal which would
adopted by consensus, set out in its report the reasons why the proposal
avoided.

(F) Decisions on questions not listed above which
the Council is authorized in accordance with the rules, regulations and procedures
Authority or otherwise, shall be adopted in accordance with subparagraphs of this paragraph specified in the rules
, regulations and procedures, and if they are not in them
given, pursuant to subparagraph determined by the Council by consensus, if possible
advance.

(G) Where any issue, under which the subparagraph. (A), (b), (c) or (d)
question is, will discuss this question as a matter falling under subparagraph
which requires, according to the higher or highest majority or consensus
, unless the Council by the said majority or by consensus
decides otherwise.

9th The Council provides for a procedure whereby a member of the Authority not represented in the Council
send a representative to attend a meeting of the Council, if
of such member shall request or if the pending question that it
particularly touching. This representative is entitled to attend the meetings without
to vote.


Čl.162 Powers and functions


First The Council is the executive organ of the Authority. Council has jurisdiction in accordance with this
Convention and the general policies established by the Assembly to establish
specific principles which the Office is to monitor all
questions or matters within his competence.

Second In addition, the powers and functions of the Council are:

(A) monitor and coordinate the implementation of the provisions of this Part
all issues and matters within the competence of the Authority and notify
Assembly to cases of non-compliance;

(B) propose to the Assembly a list of candidates for the election
General Secretary;

(C) recommend to the Assembly candidates for election as members of the Management Committee
businesses as well as CEO of the Company;

(D) as appropriate and with due regard to economy and efficiency
establish such subsidiary organs as it deems necessary for the performance
its functions in accordance with this Part. When setting up subsidiary bodies
emphasis will be to ensure that members qualified and competent in relevant
technical issues, which these authorities
deal, taking due account shall be taken of the principle of equitable geographical distribution
and of special interests;

(E) adopt its rules of procedure including the method of selecting its president;

(F), on behalf of the Authority and within its competence to enter into an agreement with the United Nations or

Other international organizations, and subject to approval
Assembly;

(G) consider the reports of the Company and submit them with their recommendations
Assembly;

(H) present to the Assembly annual reports and such special reports
Assembly may request;

(I) in accordance with Article 170 issue directives to the Enterprise;

(J) in accordance with Article 6 of Annex III to approve plans of work;
The Council adopted a decision on each plan of work within sixty days after it was submitted to the Council
Legal and Technical Commission, in accordance with the following procedure
:

(I) if the Commission recommends approval of a plan of work, it shall be deemed to have been approved by the Council
if no member of the Council within fourteen days to raise any written objection
specific form in which it is stated that the proposed
plan does not meet the requirements of Article 6 of Annex III. If it has been argued apply
conciliation procedure under Article 161, paragraph. 8 (e). If, after completion of the conciliation procedure
continue to insist, the objection
plan to work, it is considered that the work plan was approved by the Council unless the Council disapproves
consensus among its members excluding
State or States that bid on a contract or which follows a request submitted
suggested;

(Ii) if the Commission recommends disapproval of a plan of work or does not do any
recommendation, the Council may decide on approval of the work plan
a three-fourths majority of members present and voting, provided that such
majority includes a majority of members attending the meeting;

(K) approve plans of work submitted by the Enterprise in accordance with Article 12
Annex IV, using mutatis mutandis ^ 1) the procedures in
subparagraph (j);

(L) in accordance with Article 153 paragraph. 4 and the rules, regulations and procedures
Authority to exercise control over activities in the Area;

(M) on the recommendation of the Economic Planning Commission
take necessary and appropriate measures under Article 150 subparagraph. (H)
to provide protection from the adverse economic consequences, which are
therein;

(N) upon proposal of the Economic Planning Commission
make recommendations to the Assembly regarding the system of compensation or other measures
economic adjustment assistance as provided in Article 151, paragraph. 10;

(O)

(I) recommend to the Assembly rules, regulations and procedures for
equitable sharing of financial and other economic benefits
derived from activities in the Area and the payments and contributions
provided under Article 82, taking into particular consideration
the interests and needs of developing States and peoples who have not attained full independence or other self
status;

(Ii) to adopt rules, regulations and procedures and any changes to them
, with regard to the recommendations of the Legal and Technical Commission or other subordinate
authority and until their approval by the Assembly
is tentatively use. These rules, regulations and procedures
relate to prospecting, exploration and exploitation in the area and
financial management and internal administration of the Authority. Preferably adopting rules
regulations and procedures for the exploration and exploitation of polymetallic nodules.
Rules, regulations and procedures for exploration and exploitation
any other source than polymetallic nodules shall be adopted within three years
date on which any member of the Authority has requested the adoption of such
rules, regulations and procedures applicable to such a source.
All rules, regulations and procedures shall remain in effect until they are approved by the Assembly
or amended by the Council in the light of the views expressed by the Assembly
;

(P) review the collection of all payments to be made by
or the Authority in connection with operations pursuant to this Part;

(Q) make the selection from among applicants for production authorizations pursuant to Article 7 of Annex III
where its provisions such selection is required;

(R) submit to the Assembly for approval a draft annual budget of the Authority;

(S) make recommendations to the Assembly concerning policies on
any question or matter within the competence of the Authority;

(T) make recommendations to the Assembly concerning suspension of the exercise
membership rights and privileges under Article 185;

(U) institute proceedings on behalf of the Authority before the Chamber of Disputes

Seabed in cases of non-compliance;

(V) notify the Assembly on a decision taken by the Chamber
disputes relating to the seabed in proceedings instituted under subparagraph
(u), and make any recommendations which it may find appropriate with respect
on the measures to be taken;

(W) issue emergency orders, which may include
orders for the suspension or adjustment of operations, to prevent serious harm
marine environment from activities in the Area;

(X) in cases where substantial evidence indicates the risk of serious harm to the marine environment
disapprove areas for exploitation by contractors or the Enterprise
;

(Y) establish a subsidiary organ for the elaboration of draft financial rules, regulations and procedures
concerning:

(I) financial management in accordance with Articles 171 to 175; and

(Ii) financial arrangements in accordance with Article 13 and Article 17 paragraph.
1 (c) of Annex III;

(Z) establish appropriate mechanisms for managing and supervising a staff of inspectors
supervising activities in the field in terms of compliance
provisions of this Part, the rules, regulations and procedures of the Authority and the terms of any contract with
Office.


Čl.163
Council bodies

First Hereby established the following organs of the Council:

(A) an Economic Planning Commission;

(B) Legal and Technical Commission.

Second Each committee consists of 15 members elected by the Council from among the candidates
by the States Parties. However, if necessary, the Council may decide to extend
number of members of both committees, with due
regard to economy and efficiency.

Third Members of the Commission shall have appropriate qualifications in the field covered
Commission. States Parties shall nominate candidates of the highest standards of competence and integrity
with qualifications in relevant fields so that
ensure the effective performance of the functions of the Commission.

Fourth When selecting commission members must be taken into due account the need
equitable geographical distribution and the representation of special interests.

Fifth No State Party may nominate more than one candidate for the same Commission
. No person shall be elected to more than one committee.

6th Members of the Commissions shall hold office for a term of five years.
May be re-elected for another term.

7th In case of death, incapacity or resignation of a member of the Commission prior to the expiration of his term
the Council shall elect for the remainder of the season
member from the same geographic region or from the same sphere of interest.

8th Members of Commissions shall have no financial interest in any
activity relating to exploration and exploitation in the Area. Subject to their responsibilities
before the commission in which it operates, shall not disclose any
industrial secret, proprietary data submission to the Office
in accordance with Article 14 of Annex III or any other confidential information, with which
They met while performing their duties for the Authority, even
after the termination of their functions.

9th Each Commission shall exercise its functions in accordance with such guidelines and directives adopted by the Council
.

10th Each Commission shall formulate and submit to the Council for approval such rules
regulations and procedures that are necessary for the effective performance of its functions
.

11th Decision-making procedures Commission establishing rules, regulations and procedures
Office. Where necessary, be attached to the recommendation of the Council
brief overview of differences of opinion in the Commission.

12th Each Commission shall normally function at the seat of the Authority and shall meet
as often as it requires effective performance of its functions.

13th Where appropriate, each Commission may, in the exercise of their functions
consult another commission, any competent organ of the United Nations or its specialized agencies
or any international organizations
which have competence in matters which are the subject of such consultation.


Čl.164
Economic Planning Commission

First Members of the Economic Planning Commission shall have appropriate
qualifications in fields such as mining, management activities associated with
mineral resource activities, international trade or international economics.
Council endeavor to ensure that the membership of the Commission reflects all appropriate qualifications
. The Commission shall include at least two members of
developing States whose economy is essential
exports of the categories of minerals to be derived from the Area.

Second Commission:


(A) propose, on the request of the Council, measures to implement decisions relating
to activities in the Area taken in accordance with this Convention;

(B) review the trends and factors affecting supply, demand and
raw material prices, which may be derived from the Area, with respect to
interests of both importing and exporting countries, which are particularly
developing countries;

(C) examine any situation that may cause adverse effects
referred to in Article 150 sub- paragraph. (H) and which was advised concerned
participating State or States, and makes appropriate recommendations to the Council;

(D) proposes that the Council submission to the Assembly system of compensation or other
measures of economic adjustment assistance for developing States which suffer adverse effects caused
activities in areas such as
provided in Article 151, paragraph. 10 . the Commission draws up recommendations to the Council
which are in special cases be necessary to use the system or
other measures adopted by the Assembly.


Čl.165
Legal and Technical Commission

First Members of the Legal and Technical Commission shall have appropriate qualifications in
fields such as exploration, mining and processing mineral resources
oceanology, protection of the marine environment or economic or legal
issues relating to ocean mining and related fields of expertise.
Council shall endeavor to ensure that the membership of the Commission reflects all appropriate qualifications
.

Second Commission:

(A) at the request of the Council makes recommendations relating to the performance of the functions of the Authority;

(B) in accordance with Article 153, paragraph. 3 review formal written plans
work for activities in the Area, and submit appropriate recommendations to the Council.
In its recommendations, the Commission relies solely on the requirements contained in Annex III
and report fully thereon to the Council;

(C) at the request of the Council supervises the activities in the area, and it is
if necessary, in consultation and collaboration with any entity that
carrying out such activities, or with any interested State or States
and shall inform the Council a report;

(D) prepare assessments of the environmental implications of activities in the Area;

(E) make recommendations to the Council on the protection of the marine environment, taking into account
the views of recognized experts in that field;

(F) formulate and submit to the Council the rules, regulations and procedures referred to in Article 162, paragraph
. 2 (a), taking into account all relevant factors
including assessments of the environmental implications of activities in the Area;

(G) keep such rules, regulations and procedures from time to time
Council recommends such changes as it deems necessary or desirable;

(H) make recommendations to the Council regarding the establishment of a monitoring program with the intention
recognized scientific methods, on a regular basis
observe, measure, evaluate and analyze the effects
danger or pollution of the marine environment, which comes from activity in the area;
Ensure that existing regulations are adequate and are complied with;
and coordinate the implementation of the monitoring program approved by the Council;

(I) make recommendations to the Council in order behalf of the Authority and in accordance with this Part
and the relevant Annex, and with particular regard to Article 187
proceedings before the Chamber for disputes on the seabed;

(J) make recommendations to the Council regarding the measures to be taken
based on the decision of the Chamber for disputes relating to seabed
proceedings instituted in accordance with subparagraph (i);

(K) make recommendations to the Council regarding the issue emergency orders
circumstances, which may include orders to suspend or modify
operations, to prevent serious harm to the marine environment arising
activities in the Area. Such recommendations to the Council on a priority basis;

(L) make recommendations to the Council to disapprove areas for exploitation
by contractors or the Enterprise in cases where substantial evidence
risk of serious harm to the marine environment;

(M) make recommendations to the Council regarding the direction and supervision of a staff
inspectors in charge of activities in terms of performance
provisions of this Part, the rules, regulations and procedures of the Authority and the terms of any contract
s Office;

(N) calculate the production ceiling and on behalf of the Office gives permission to
production under Article 151, paragraph. 2-7, after any necessary

Choosing among applicants for production authorizations by the Council in accordance with
Article 7 of Annex III.

Third At the request of any State Party or other party concerned will
committee members in the exercise of their functions, supervision and oversight
accompanied by a representative of such State or other party concerned.
Subsection D
:
Secretariat



Čl.166 Secretariat


First Secretariat of the Authority shall consist of the Secretary-General and the staff
Authority may require.

Second The Secretary General is elected by the Assembly for a period of four years from
candidates proposed by the Council and may be re-elected.

Third The Secretary General is the chief administrative officer of the Authority and in this
capacity in all meetings of the Assembly, Council and
any subsidiary organ, and shall perform such other administrative functions which they entrust
authorities.

Fourth The Secretary General of the Assembly shall submit an annual activity report
Office.
Art 167


Staff
Office
First Authority employees such qualified scientific, technical and
other personnel who may be required to fulfill the administrative functions
Office.

Second Recruitment and hiring of employees and determining their conditions of service
should be the necessity of securing the highest possible level
efficiency, competence and integrity. Subject to the terms of this
be duly paid to the importance of recruiting the staff on the broadest possible geographical basis
.

Third Staff appointed by the Secretary General. The conditions under which they will
appointed, remunerated and dismissed shall be in accordance with
rules, regulations and procedures of the Authority.


Čl.168
The international nature of the Secretariat

First The Secretary General and staff in the performance of their functions
shall not seek or receive instructions from any government or from any other source outside
Office. They shall refrain from any action which would
incompatible with their position as international officials responsible only to the Authority
. Each State Party undertakes to respect the exclusively international character of the responsibilities
Secretary-General and the staff and
not seek to influence them in the performance of their functions. Any violation of obligations
employee will be submitted to the appropriate administrative tribunal
as provided in the rules, regulations and procedures.

Second Secretary-General and the staff shall have no financial interest in
any activity relating to exploration and exploitation in the Area.
Subject to their responsibilities to the Authority shall not disclose any industrial
secret, proprietary data transferred to the Authority in accordance with
Article 14 of Annex III or any other confidential information coming to their knowledge
virtue of his employment the Authority, even after the termination of their functions
.

Third Breach of the obligations set out in paragraph. 2
staff of the Office shall submit to the Office of the tribunal constituted in accordance with the rules, regulations and procedures
Office, at the request of a State Party affected
such violation or at the request of such breach affected by natural or | || legal persons by the state party suggested that, as provided for in Article 153
. 2 (b). The affected party has the right to participate in the proceedings.
Affected employees released the Secretary General on the recommendation
tribunal.

Fourth Rules, regulations and procedures of the Authority shall contain such provisions as
are necessary to implement this article.


Čl.169
Consultation and cooperation with international organizations and NGOs

First With the approval of the Council agreed with the Secretary-General
international and non-governmental organizations recognized by the Economic and Social Council of the United Nations
suitable arrangements for consultation and cooperation in matters which fall within the remit of the
.

Second Any organization with which the Secretary-General negotiated the agreement under paragraph
. 1 may designate representatives to participate as observers in meetings
organs of the Authority in accordance with the rules of procedure of these organs. In appropriate cases
Procedures shall be established for obtaining the views of such organizations
.

Third Secretary-General may distribute to States Parties written reports submitted by NGOs
referred to in paragraph. 1 in the cases
which they have special competence and which are related to the work of the Office.
Subsection E
:
Enterprise



Čl.170
Company


First Enterprise is the organ of the Authority which operates in
Areas under article 153, paragraph. 2 (a), as well as the transporting, processing and
marketing of minerals recovered from the area.

Second The enterprise has within the international subjectivity of the Office
such legal capacity conferred on it by its statute contained in Appendix IV
. The enterprise shall act in accordance with this Convention and the rules, regulations and procedures
Authority, and in accordance with the general principles laid down
Assembly and submits a binding directives and control of the Council.

Third The enterprise has its principal business address at the headquarters of the Authority.

Fourth Undertaking in accordance with Article 173, paragraph. 2 and Article 11 of Annex IV
disposes of such funds as it may require to carry out their functions
, and gives him the technology as stipulated in Article 144 and
other relevant provisions of this Convention.
Subsection F
:
Financing Authority



Čl.171

Resources Office
Resources Office include:

(A) contributions from members of the Authority in accordance with Article 160 paragraph.
2 (e);

(B) funds received by the Authority in connection with activities in the Area
under Article 13 of Annex III;

(C) funds transferred from the Enterprise in accordance with Article 10 of Annex IV;

(D) funds borrowed pursuant to Article 174;

(E) voluntary contributions from members or other entities;

(F) payments to a compensation fund, in accordance with Article 151, paragraph. 10, whose sources are to be recommended
Economic Planning Commission.


Čl.172
The annual budget of the Office

The Secretary General prepares the annual budget proposal
Authority and submit it to the Council. Council debates the draft annual budget and submit it
Assembly, together with recommendations concerning it.
Assembly discusses and approves the annual budget in accordance with Article 160 paragraph.
2 (h).


Čl.173

Office Expenses
First The contributions referred to in Article 171, subparagraph. (A) shall be paid into a special account
to cover administrative expenses of the Authority until the Authority before
has sufficient funds to cover these expenses from other sources
.

Second The funds of the Office primarily covers the administrative expenses of the Authority.
With the exception of the assessed contributions referred to in Article 171, subparagraph. (A)
funds which remain after payment of administrative expenses may, inter alia
:

(A) be shared in accordance with Article 140 and Article 160, paragraph. 2 (g);

(B) be used to provide funds for the Company in accordance with Article 170, paragraph
. 4;

(C) be used to compensate developing States in accordance with Article 151, paragraph
. 10 and Article 160, paragraph. 2 (l).


Čl.174
Vypůjčovací jurisdiction of the Office

First The Authority has the power to borrow funds.

Second The Assembly shall prescribe the limits vypůjčovací powers of the Office of Financial
regulations adopted pursuant to Article 160, paragraph. 2 (f).

Third Vypůjčovací powers exercised Council Office.

Fourth States Parties shall not be liable for the debts of the Authority.
Article 175



Annual inspection
Records, books and accounts of the Authority, including its annual financial statements,
shall be audited annually by an independent auditor appointed by the Assembly.
Subsection G
:

Legal status, privileges and immunities


Čl.176 Legal status


Authority shall have international legal personality and such legal capacity
which is necessary for the performance of its functions and fulfill its tasks.
Article 177

Privileges and immunities


Order to carry out its functions, he shall enjoy in the territory of each State Party
privileges and immunities provided in this subsection
. The privileges and immunities relating to the Enterprise under Article 13
Appendix IV.


Under Rule 178
Immunity in judicial and administrative proceedings

Authority, its property and assets shall be immune from legal and administrative proceedings
except in situations where the Authority in this particular case alone
waives immunity.


Čl.179
Immunity regarding inspection and any form of seizure

The property and assets of the Authority, wherever located and by whomsoever held,
subject to search, requisition, confiscation, expropriation or any other form
seizure by executive or legislative bodies
.


Čl.180
Exemption from restrictions, regulations, controls and moratoria

The property and assets of the Authority shall be exempt from restrictions, regulations, controls and moratoria of any nature
.

Čl.181


Archives Office and its links to official purposes

First The archives of the Authority shall be inviolable, wherever located.

Second Proprietary data, industrial secrets or similar information and personnel records
shall not be placed in publicly accessible archives.

Third Each participating State will provide such a regime Office links to official
purposes, which is not less favorable than that accorded by that state
other international organizations.


Čl.182
Privileges and immunities of certain persons connected with the Authority

Representatives of States Parties attending meetings of the Assembly, the Council
or organs of the Assembly or the Council, the Secretary General and the staff of the Office
the territory of each State Party:

(A) immunity in judicial and administrative proceedings in respect of their dealings
associated with the exercise of their functions, except in cases where the
in a particular case the State which they represent or the Authority, as appropriate,
itself expressly waives this immunity;

(B) if they are not nationals of that State Party, the same
exemption from immigration restrictions, alien registration requirements and
service obligations, the same advantages as regards Foreign exchange restrictions and the same
treatment regarding travel facilitation, what are hereby
State to the representatives, officials and employees of comparable
position of other States Parties.


Čl.183
Exemption from taxes and customs duties

First As part of its official activities, the Authority, its property and assets, his
income, and its operations and transactions authorized by this
Convention, exempt from all direct taxation and goods imported or exported for
its official use shall be exempt from all customs
charges. The Authority shall not claim exemption from taxes which are only
fees for services rendered.

Second When purchases of goods or services of substantial value which are
made by or on behalf of, and which are necessary for the official activities of the Office
; and if the price of such goods or services includes taxes or fees
; Participating States shall as far as practicable
appropriate measures to grant exemption from such taxes or duties or
order for them to provide compensation.
Goods imported or purchased under an exemption provided for in this Article shall not
on the territory of a State Party which granted the exemption, be sold or
with it otherwise disposed of except under conditions agreed with that State Party
.

Third The participating States will not levy any tax on the salaries and emoluments paid or
any other form of payment made by the Authority to the Secretary-General and
Office staff, as well as experts performing missions for
Authority, who are not their nationals.
Subsection H
:

Suspension of rights and privileges of members


Čl.184
Suspension of voting rights

State Party which is in arrears in the payment of its financial contributions
Office has no right to vote if the amount of its
arrears equals or exceeds the amount of contributions that is required
pay for the preceding two full years .
Assembly may, nevertheless, permit such a member to vote if it is satisfied that the failure
pay is due to conditions beyond the control.


Čl.185
Suspension of exercise of rights and privileges

First State Party which has grossly and persistently violated the provisions of this Part
, the Assembly on the recommendation of the Council
suspend the exercise of rights and privileges.

Second Until the Chamber for disputes relating to the seabed finds that
State Party has grossly and persistently violated the provisions of this Part
can not be done any measures under paragraph. 1st
Section 5
:

SETTLEMENT OF DISPUTES AND OPINIONS


Čl.186
Chamber for disputes relating to the seabed of the International Tribunal for the Law of the Sea


The establishment of the Chamber for disputes relating to the seabed and the way
exercise its jurisdiction shall be governed by the provisions of this section, Part XV
and Annex VI.


Čl.187
Comoros has jurisdiction over disputes relating to the seabed

Chamber Disputes seabed
has jurisdiction under the provisions of this section and the annex that relating thereto in disputes
relating to activities in the Area falling within the following categories
:


(A) disputes between States Parties concerning the interpretation and application of this Part
and Inserts that relating thereto;

(B) disputes between States Parties and the Authority concerning:

(I) acts or omissions of the Authority or of a State Party
allegedly violating the provisions of this Part or Inserts that relating thereto, or
rules, regulations and procedures of the Authority adopted in accordance therewith;
And

(Ii) acts of the Authority alleged to be in excess of jurisdiction or misuse
her;

(C) disputes between parties to a contract, being States Parties, the Office
or Enterprise, state enterprises and natural or juridical persons referred to in Article 153
. 2 (b), relating to: || |
(I) the interpretation or application of the relevant contract or a plan of work; or

(Ii) acts or omissions of the parties of the contract, which covers activities
areas and directed to the other party or directly affecting its legitimate interests
;

(D) disputes between the Authority and a prospective contractor who has been sponsored
state, as stipulated in Article 153. 2 (b), and has duly fulfilled the conditions
concerning the refusal of a contract or
legal issues arising in the negotiation of the contract, as mentioned in Article 4 paragraph.
6 and Article 13 paragraph. 2 of Annex III;

(E) disputes between the Authority and a State Party, a state enterprise or
natural or legal person sponsored by a State Party as
provided in Article 153. 2 (b), which allegedly Office
bears responsibility which refers to Article 22 of Annex III;

(F) any other disputes for which the jurisdiction of the Chamber
specifically determined by the Convention.


Čl.188
Submission of disputes Special Chamber of the International Tribunal for the Law
sea, ad hoc chamber, the Chamber of disputes relating to the seabed or binding commercial arbitration


First Disputes between States Parties referred to in Article 187 subparagraph. (A) may be submitted
:

(A) at the request of the parties to the dispute a special chamber of the International Tribunal for the Law of the Sea
to be established pursuant to Articles 15 and 17 of Annex VI;
And

(B) at the request of any party ad hoc chamber Chamber
disputes concerning the seabed, which is to be set up under Article 37 of Annex VI
.

Second

(A) Disputes concerning the interpretation and application of the contract referred to in Article 187
subparagraph. (C) (i), at the request of any party
to binding commercial arbitration, unless the parties agree otherwise
. A commercial arbitral tribunal to which the dispute is submitted
no jurisdiction to decide any question of interpretation of this Convention. If
dispute also involves a question of interpretation of the provisions of Part XI and the Annexes, which
relating thereto, with respect to activities in the Area, shall be referred to the issue
Chamber for a ruling in disputes relating to the seabed.

(B) If at the beginning or in the course of such arbitration, the arbitral tribunal determines
, either at the request of any party or of its own initiative
that his decision depends on the verdict of the Chamber for disputes concerning
the seabed, the arbitral tribunal shall refer such question
disputes Chamber for a seabed that has brought such
decision. After arbitral tribunal proceed to render its verdict
in accordance with the decision of the Chamber for disputes relating to the seabed.

(C) In the event that the contract makes no provision for arbitration,
planned to be used in settling the dispute, the arbitration conducted by
UNCITRAL Arbitration Rules or any other arbitration rules, which can be
prescribed rules, regulations and procedures of the Authority, if
parties agree otherwise.


Čl.189
Limited jurisdiction with regard to decisions of the Office

Chamber Disputes seabed has jurisdiction regarding
exercise discretionary powers of the Authority in accordance with the provisions of this Part;
in any case can not substitute its discretion Office. Without prejudice to Article 191,
in exercising its powers under Article 187 of the chamber for disputes concerning
seabed can not pronounce itself on the question of whether
any rules, regulations and procedures of the Authority in accordance with this Convention,
nor any such rules, regulations and procedures declared invalid.
Its jurisdiction in this regard is limited to deciding on actions that
application of any rules, regulations and procedures of the Authority in

Individual cases, contrary to the obligations arising from the contract
parties to the dispute or their obligations under this Convention; legal actions relating
exceeded its powers or its abuse; and claims for payment
damages or other remedy to the party concerned for the failure
obligations arising from contracts or obligations under this Convention
other party.


Čl.190
Attendance and behavior of States Parties proposing management

First If a natural or legal person party to a dispute referred to in Article 187
will inform the State that proposed it, has been notified and has the right to participate
proceedings by submitting written or oral opinions.

Second If against a State Party by a natural or juridical person
sponsored by another State Party in a dispute referred to in Article 187
subparagraph. (C) the respondent State may request the State that this person
suggested that the name of this person appear in the proceedings. Failing
such, the respondent State may arrange to be represented
legal entity which has its nationality.


Čl.191 Testimonials


Chamber Disputes seabed provide, upon request
Assembly or the Council opinions on legal questions arising within
their activities. Such opinions are provided within the shortest possible
.

SECTION XII:

PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
Section 1
:
GENERAL PROVISIONS



Čl.192 General obligation


States have the duty to protect and preserve the marine environment.


Čl.193
Sovereign right of States to exploit their natural resources

States have the sovereign right to exploit their natural resources pursuant to their
environmental policies and in accordance with their obligations
protect and preserve the marine environment.


Čl.194
Measures to prevent, reduce and control pollution of the marine environment


First States shall take all necessary measures in accordance with this Convention
to prevent, reduce and control pollution of the marine environment
from any source; used for this purpose, according to their abilities and
as needed, either individually or jointly
most effective means at their disposal, and will coordinate
for the purpose of their efforts.

Second States shall take all measures necessary to ensure that activities
under their jurisdiction or control are so conducted as to
not cause any damage by pollution to other States and their
environment and to pollution that originates in emergency | || events or activities under their jurisdiction or
control does not spread beyond the areas where they exercise sovereign rights
in accordance with this Convention.

Third Measures taken under this Part shall deal with all sources of pollution of the marine environment
. Inter alia, include measures aimed at
greatest possible extent:

(A) the release of toxic, harmful or noxious substances, especially
persistent, from land-based sources, from or through the atmosphere
air or dumping into the sea;

(B) pollution from vessels, in particular measures for preventing
accidents and emergencies; ensuring the safety of maritime
operations; preventing intentional and unintentional discharges;
and regulating the design, construction, equipment, operation and manning of ships
crew;

(C) pollution from installations and devices used in exploration or
exploitation of the natural resources of the seabed and subsoil, in particular
measures for preventing accidents and dealing with emergencies;
Ensuring the safety of maritime operations; and regulating the design,
design, construction, equipment, operation and maintenance of these facilities and
devices;

(D) pollution from other installations and devices operating in the marine environment
, in particular measures for preventing accidents and dealing with emergencies
; ensuring the safety of maritime operations;
and control the design, construction, equipment, operation and manning of such
equipment and appliances.

Fourth In taking measures to prevent, reduce and control pollution of the marine environment
States shall refrain from unjustifiable interference

Activities carried out by other States in the exercise of their rights and obligations
in accordance with this Convention.

Fifth Measures taken in accordance with this Part shall include those
measures that are necessary to protect and preserve rare or fragile ecosystems
, as well as the habitat,
of depleted, threatened or endangered species,
as well as other forms of marine life.


Čl.195
Obligation not to transfer damage or hazards, and not rename one type of pollution into another


In taking measures to prevent, reduce and control pollution of the marine environment
States shall act so as to directly or indirectly
do not transfer damage or hazards from one area to another or
transform one type of pollution into another.


Čl.196
Using technology and entry of foreign or new species

First States shall take all necessary measures to prevent, reduce and control pollution of the marine
environment
subject to their jurisdiction or control, that could result from the use of technology
or deliberate or accidental contamination alien or new species in certain parts
the marine environment and which may cause its
significant and harmful changes.

Second This article does not affect the application of this Convention regarding
prevent, reduce and control pollution of the marine environment.
Section 2
:

UNIVERSAL AND REGIONAL COOPERATION


Čl.197
Cooperation on a global or regional basis

States, directly or through competent international organizations to cooperate
universal and, as appropriate, on a regional basis when
establishing and developing international norms, standards and recommended practices and procedures
which are in conformity with this Convention, Considering
yet to regional particularities.


Čl.198
Notification of imminent or damages

State which finds that the marine environment is in imminent danger
damage or damage by pollution, it shall immediately inform the other
States that could be affected by the damage, as well as relevant international organizations
.


Čl.199
Plans emergency measures against pollution

In the cases referred to in Article 198, States shall cooperate in the affected area
according to their abilities and relevant international organizations to the greatest extent possible
in removing the effects of pollution and preventing or reducing
damage to the minimum. For this purpose
States jointly develop and promote contingency plans for responding to pollution of the marine environment
.
Article 200


Studies, research programs and exchange of information and data

States, directly or through competent international organizations
cooperate in order to support studies, undertaking programs of scientific
research and encouraging the exchange of information and data acquired about pollution of the marine environment
. Endeavor to participate actively in regional and global programs
to acquire and were able to determine the nature and extent
pollution, its effects, its means of dissemination, the danger arising from it
and remedies.


Čl.201
Scientific criteria for drawing up regulations

Based on the information and data acquired pursuant to Article 200
States, either directly or through competent international organizations
cooperate in establishing appropriate scientific criteria for identifying and developing
norms, standards and recommended practices and procedures to prevent, reduce and
control pollution of the marine environment.
Section 3
:


TECHNICAL ASSISTANCE

Čl.202
Scientific and technical assistance to developing countries

States, directly or through competent international organizations:

(A) promote programs of scientific, educational, technical and other assistance
developing countries, which are intended for the protection and preservation of the marine environment and
prevention, reduction and control of marine pollution.
This assistance includes, inter alia:

(I) training of their scientific and technical personnel;

(Ii) facilitating their participation in relevant international programs;

(Iii) supplying them with necessary equipment and facilities;

(Iv) enhancing their capacity to manufacture such equipment;


(V) development of equipment and providing consultation in the implementation of research,
monitoring, educational and other programs;

(B) provide appropriate assistance, especially to developing countries, while
minimize the effects of major incidents which may cause serious pollution of the marine environment
;

(C) provide appropriate assistance, especially to developing countries, in the preparation of environmental assessments
.


Čl.203
Preferential treatment for developing countries

In order to prevent, reduce and control pollution of the marine environment
or minimize its consequences provide international organizations
developing countries precedence regarding:

(A) the allocation of appropriate funds and technical assistance; and

(B) the utilization of their specialized services.
Section 4
:

MONITORING AND EVALUATION OF ENVIRONMENTAL


Čl.204
Monitoring of the risks or effects of pollution

First States, acting so as not to prejudice the rights of other states, and
far as practicable, directly or through
international organizations recognized scientific methods, measure, evaluate and analyze
risks or effects of pollution of the marine
environment.

Second In particular, States oversee the consequences of any activities which they permit or in which
conducted in order to determine whether these activities
cause pollution of the marine environment.


Čl.205
Publishing
reports
States shall publish reports of the results obtained pursuant to Article 204
or at appropriate intervals to provide such reports
relevant international organizations, which should make them available to all States.


Čl.206
Evaluation of potential effects of activities

When States have reasonable grounds for believing that planned activities
under their jurisdiction or control may cause substantial
pollution or significant and harmful changes to the marine environment, assess
if possible, the possible consequences such activities on the marine environment and the results of this evaluation
notify the manner provided in Article 205.
Section 5
:

INTERNATIONAL STANDARDS AND NATIONAL LEGISLATION TO PREVENT, REDUCE AND
controlling marine pollution


Čl.207
Pollution from land-based sources

First States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment
from land-based sources, including
rivers, estuaries, pipelines and outfall structures, taking into account the
internationally agreed rules, standards and recommended practices and procedures.

Second States shall take other measures as may be necessary to prevent,
reduce and control pollution of the marine environment from sources located
land.

Third States at the appropriate regional level, endeavor to harmonize their
policy on these issues.

Fourth States, acting through the competent international
organizations or diplomatic conference, shall
establish global and regional rules, standards and recommended
practices and procedures to prevent, reduce and control pollution of the marine environment
from sources located on land; taking into account
characteristic regional features, the economic capacity of developing States and
their need for economic development. Such rules, standards and recommended practices and procedures
as needed periodically reviewed.

Fifth Laws, regulations, measures, rules, standards and recommended practices and procedures
listed in paragraph. 1, 2 and 4 shall include measures aimed at
greatest extent possible, the release of toxic, harmful or
noxious substances, especially persistent, into the marine environment
.


Čl.208
Pollution arising from the activities on the seabed

First Coastal States shall adopt laws and regulations to prevent, reduce and control pollution
marine environment arising from or in connection with
sea-bed activities subject to their jurisdiction, as well
from artificial islands, installations and structures under || | their jurisdiction, pursuant to Articles 60 and 80

Second States shall take other measures as may be necessary to prevent,
reduce and control such pollution.


Third Such laws, regulations and measures shall be no less effective than
international norms, standards and recommended practices and procedures.

Fourth States at the appropriate regional level, endeavor to harmonize their
policy on these issues.

Fifth States, acting through the competent international
organizations or diplomatic conference, shall
establish global and regional rules, standards and recommended
practices and procedures to prevent, reduce and control pollution of the marine environment due
or in connection with sea-bed activities
subject to their jurisdiction and from artificial islands, installations and structures
under their jurisdiction, pursuant to paragraph.
first Such rules, standards and recommended practices and procedures as required
periodically reviewed.


Čl.209
Pollution resulting from activities in the Area

First In accordance with Part XI of establishing international standards, regulations and
procedures to prevent, reduce and control pollution of the marine
environment from activities in the Area. Such rules, regulations and procedures
as needed periodically reviewed.

Second In accordance with the relevant provisions of this section
States shall adopt laws and regulations to prevent, reduce and control pollution of the marine
environment from activities in the Area, which is carried
vessels, installations, structures and other devices flying their || | flag or of their registry or operating under their authority.
Requirements of such laws and regulations shall be no less effective than
international standards, regulations and procedures referred to in paragraph. 1st


Čl.210
Dumping waste into the sea

First States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment
dumping waste into the sea.

Second States shall take other measures as may be necessary to prevent,
reduce and control such pollution.

Third Such laws, regulations and measures shall ensure that dumping
not carried out without the permission of the competent state authorities.

Fourth States, acting through the competent international
organizations or diplomatic conference, shall
establish global and regional rules, standards and recommended
practices and procedures to prevent, reduce and control pollution of the marine environment by dumping
up sea. Such rules, standards and recommended practices and procedures
as needed periodically reviewed.

Fifth The dumping of waste at sea in the territorial sea and the exclusive economic
zone or on the continental shelf shall not be carried out without the express prior approval
coastal State, which has the right to authorize, regulate and control
dumping waste into the sea after proper | || discuss the matter with other States for that
dumping waste into the sea could be due to their geographic position
harmful consequences.

6th National legislation and measures to prevent, reduce and control pollution of the marine
environment by dumping into the sea
shall be no less effective than the global rules and standards.


Čl.211 Pollution from vessels


First States, acting through the competent international
organization or general diplomatic conference,
seek to establish international rules and standards to prevent,
reduce and control pollution of the marine environment from vessels
dumping waste into the sea; in the same way support where it's appropriate
routeing systems designed to minimize accidents that
likely to cause pollution of the marine environment, including the coastline, and
damage to the related interests of coastal States. In the same way, these norms and standards
as needed periodically reviewed.

Second States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment
of vessels flying their flag
or of their registration.

Third States which lays down specific requirements for the prevention, reduction and control of pollution
marine environment as a condition for admission
foreign vessels into their ports or internal waters or for stopping

In its offshore terminals, due publicity to such requirements and
notify the relevant international organizations. Whenever such requirements
identical form by two or more coastal States in an endeavor to harmonize policy
, then the notice will contain information about
which countries are in such cooperative arrangements.
Every state requires that the captain of a vessel flying its flag or
of its registry, when navigating within the territorial sea of ​​a State which is
participating in such cooperative arrangements, to furnish, at the request of the State
information on whether the vessel is heading in the same area and state
participating in such cooperative arrangements; and that in such a case
tell whether the vessel meets the requirements of that State
port entry. The provisions of this Article shall not prejudice
unimpeded law enforcement vessels on innocent passage or
application of Article 25. 2nd

Fourth In the exercise of their sovereignty in the territorial sea Coastal States may
adopt laws and regulations to prevent, reduce and control pollution
seas from foreign vessels, including vessels exercising the right of innocent passage
. In accordance with Part II, Section 3, not a
laws hamper innocent passage of foreign vessels.

Fifth In order to ensure compliance with the measures set out in Section 6
Coastal States may, in respect of their exclusive economic zones
adopt laws and regulations to prevent, reduce and control pollution from vessels
that would meet generally accepted international standards
and standards established through competent international
organization or general diplomatic conference
state in life.

6th

(A) Where the international rules and standards referred to in paragraph 1
inadequate to meet special circumstances and coastal States have reasonable grounds
believe that clearly defined area of ​​its exclusive economic zone is an area
, in which it is necessary to adopt special mandatory
measures to prevent pollution from vessels, from renowned
technical reasons connected with oceanographical and ecological
conditions, as well as utilization or the protection of its resources and
the special nature of vessel traffic in it, the coastal
state, and after appropriate consultations with any other States concerned
through competent international organizations, regarding such areas
send a notification to this organization, which includes scientific and || | technical evidence in support and information necessary
measures it intends to take. Within twelve months after receipt of such notice
the organization shall determine whether the conditions in this area
meet the above requirements. If an organization determines that this
, the coastal State may, for that area, adopt laws and regulations to
prevention, reduction and control of pollution from ships;
while implementing such international rules and standards or navigational
practice, which recognizes the organization, for special areas.
These laws are not applicable to foreign vessels until after
fifteen months from the submission of the communication to the organization.

(B) The coastal States shall publish the limits of any such particular, clearly defined area
.

(C) if they intend to coastal states to adopt for the same area
additional legislation to prevent, reduce and control pollution from vessels
, it shall notify the organization together with the above announcement.
Such additional laws and regulations may relate to discharges or
navigational practices but shall not require foreign vessels to observe design
relating to the design, construction, manning or
equipment than generally accepted international norms and standards
. These provisions are applicable to foreign vessels
fifteen months after the submission of the notification
organization, provided that the organization agrees within twelve months
submission of the communication agreement.

7th International norms and standards referred to in this article include, inter alia
obligation to immediately report incidents, including maritime accidents
involve discharges or probability of discharges

Coastal States, whose coastline or related interests may be affected
.


Čl.212
Pollution from or through the atmosphere

First States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment
from or through the atmosphere, in
relation to the airspace under their sovereignty and
relation to the vessels or aircraft which flying their flag or
their registry; taking into account internationally agreed
rules, standards and recommended practices and procedures and the safety of air traffic
.

Second States shall take other measures as may be necessary to prevent,
reduce and control such pollution.

Third States, acting through the competent international
organizations or diplomatic conference, shall
establish global and regional rules, standards and recommended
practices and procedures to prevent, reduce and control such pollution
.
Section 6
:

Enforcement


Čl.213
Enforcement with respect to pollution from
land-based sources

States shall enforce their laws and regulations adopted in
accordance with Article 207, shall adopt laws and regulations and take other
measures necessary to implement applicable international norms
and standards established through competent international
organizations or diplomatic conference to prevent,
reduce and control pollution of the marine environment from sources located
land.


Čl.214
Enforcement with respect to pollution from activities
seabed

States shall enforce their laws and regulations adopted in
accordance with Article 208, shall adopt laws and regulations and take other
measures necessary to implement applicable international norms
and standards established through competent international
organizations or diplomatic conference to prevent,
reduce and control pollution of the marine environment arising from or in connection with
sea-bed activities subject to their jurisdiction
as well as pollution from artificial islands, installations and structures
under their jurisdiction, pursuant to Articles 60 and 80


Čl.215
Enforcing compliance with the rules, regulations and procedures concerning
pollution from activities in the Area

Promoting compliance with international rules, regulations and procedures
determined in accordance with Part XI to prevent, reduce and control pollution of the marine environment
due to activities in the Area shall be governed by the provisions of this Part
.


Čl.216
Enforcement with respect to pollution
resulting from dumping waste into the sea

First Compliance with regulations, which were adopted in accordance with this
Convention and applicable international rules and standards established
through competent international organizations or diplomatic conference
to prevent, reduce and control pollution of the marine
environment by dumping waste at sea is promoted
:

(A) by the coastal State with regard to dumping within its territorial waters
or its exclusive economic zone or on its continental shelf
;

(B) by the flag State in respect of its vessels and aircraft flying its
flag or of its registry;

(C) any State regarding the disposal of wastes or other matter
which takes place on its territory or at its off-shore terminals.

Second This article does not impose upon the State to initiate proceedings
if such proceedings have already been initiated by another state in accordance with this Article
.


Čl.217
Enforcement flag State

First States shall enforce applicable international rules and standards established through
relevant international
organizations or diplomatic conference and its
regulations to prevent, reduce and control pollution

Marine environment from vessels and vessels flying their flag
or are in their registration; and adopt legislation and take other measures
necessary for their implementation. The flag State promotes effective
observance of such rules, standards and legislation
regardless of where the violation occurred.

Second States in particular, take appropriate measures to ensure that
vessels flying their flag or of their registry are prohibited from sailing
unless they meet the requirements set for
prevention, reduction and control of pollution from ships international
rules and standards referred to in paragraph. 1, including requirements that
concern the design, construction, equipment and manning.

Third States shall ensure that vessels flying their flag or of their registry
on board certificates required
international rules and standards referred to in paragraph. 1 and issued in accordance with them.
Flag state shall ensure that vessels flying its flag was regularly
checked to verify that such certificates are in conformity with the actual state
vessels. These certificates other states accept as
evidence of the condition of vessels and recognize that they have the same validity as if
themselves issued when there are clear grounds for believing that the condition of the vessel
does not correspond substantially above the certificate.

Fourth Should the vessel rules and standards established through competent international organizations
or general
diplomatic conference, without prejudice to Articles 218, 220 and 228 provide state flag
immediate investigation and where necessary, initiate proceedings regarding alleged
violation, irrespective of where the violation occurred or the
pollution caused by such violation or where it was found
.

Fifth During the investigation the flag State may request the assistance of any other
State whose cooperation could be useful in investigating the circumstances of the case
. States shall endeavor to meet appropriate requests of flag
.

6th At the written request of any State, investigate any violation
which allegedly been committed by vessels flying its flag
. If it considers that there are sufficient grounds to
proceedings to be brought regarding the alleged violation, flag
without delay institute such proceedings in accordance with their laws.

7th The flag State shall promptly inform the requesting State and the competent
international organization of the action taken and its outcome.
Such information shall be available to all States.

8th Penalties prescribed by the regulations of States for vessels flying its flag
must be sufficiently severe to discourage
violations, regardless of where they occur.


Čl.218
Enforcement by port States

First Located When a vessel is voluntarily within a port or coastal
terminal of a State, that State may undertake investigations and, where
him the evidence so warrants, institute proceedings in respect of any
discharge from that vessel outside the internal waters,
territorial sea or exclusive economic zone of that State
violation of applicable international rules and standards established through competent international organizations
or general
diplomatic conference.

Second If it is a violation by the discharge at
internal waters, territorial sea or exclusive economic zone of another State
proceedings under paragraph. 1 will not start unless requested by that State, a State
flag or stand afflicted or threatened violation of a discharge
waste or unless the violation has caused or is likely
cause pollution in the internal waters, territorial sea or exclusive economic zone of the State
seised.

Third Located When a vessel is voluntarily within a port or offshore terminal of a State
, this state as possible, comply with requests
any State for investigation of a discharge violation referred to in paragraph
. 1, to which the condition occurred within its internal waters,
in the territorial sea or exclusive economic zone of the requesting State or
them caused damage or threatened infliction; as well as under

Options comply with requests from the flag State for investigation of such violations, and
regardless of where the violation occurred.

Fourth Reports on the investigation carried out by a port State in accordance with the provisions of this Article
forwarded to the flag state or coastal state
at their request. Proceedings initiated on the basis of such an investigation
by the port State may be subject to the provisions of Section 7
discontinued at the request of the coastal State when the violation occurred
in the internal waters, territorial sea or exclusive economic zone || | state. The evidence and records of the case, together with a deposit or other financial guarantee
posted with the authorities of the port State shall be transmitted to the coastal State.
Such transmittal shall preclude the continuation of proceedings in the port State.


Čl.219
Measures to prevent pollution concerning eligibility for vessels sailing


State, which, upon request or on its own initiative found that
vessel, which is in its port or offshore terminal,
in violation of applicable international rules and standards relating to the eligibility
vessels to sail and there is thus causing damage to the marine environment
adopted while respecting the provisions of section 7 as possible
administrative measures to prevent such vessel from sailing.
This State may permit the vessel to proceed only to the nearest appropriate repair yard
; After removing the causes of the violation immediately
permit the vessel to proceed.


Čl.220
Enforcement coastal states

First Located When a vessel is voluntarily within a port or coastal
terminal of a State, that State may subject to the provisions of Section 7
initiate proceedings in respect of any violation of its laws
regulations adopted in accordance with this Convention, or
in accordance with applicable international rules and standards to prevent, reduce and control
pollution from vessels when the violation occurred in coastal
waters or exclusive economic zone.

Second Where there are reasonable grounds to believe that the vessel
passing through the territorial sea of ​​any State violated during his
passage of legislation that the country has taken in accordance with this Convention
or in accordance with international norms and standards
to the prevention, reduction and control of pollution from ships, this may become
without prejudice to the application of the relevant provisions of Part II, section 3
carry out a physical inspection of the vessel relating to the violation and where
him to do the evidence warrant, institute proceedings, including detention
vessel, in accordance with its laws and respecting the provisions of section 7


Third Where there are reasonable grounds to believe that a vessel flying
exclusive economic zone or the territorial sea of ​​any State
wrought in this exclusive economic zone
violation of applicable international rules and standards to prevent, reduce and control || | pollution from vessels or laws of that State in accordance with them
such international norms and standards of conduct, may
this state require the vessel
information on its identity and port of registry, its last and
next port of call and other necessary information
needed to determine whether violations have occurred.

Fourth The flag State shall adopt laws and regulations and take other measures to ensure that
vessels flying its flag shall comply with requests for information pursuant to paragraph
. 3rd

Fifth Where there are reasonable grounds to believe that a vessel flying
exclusive economic zone or the territorial sea of ​​any State
wrought in this exclusive economic zone violation referred to in paragraph. 3 and
leading to extensive waste discharge způsobivšímu serious
pollution of the marine environment, or the threat of such serious
pollution, the latter may carry out a physical inspection of the vessel
connection with violation if the vessel
refused to provide information or if the information provided by the vessel is manifestly contrary to || | evident facts and if the facts of the case justify such inspection
.

6th Where there is clear, objective evidence that a vessel flying
exclusive economic zone or the territorial sea of ​​any State

Wrought in this exclusive economic zone violation referred to in paragraph. 3 and
leading to discharges způsobivšímu great harm or the risk of severe damage
coast or its related interests of the coastal State or
resources of its territorial sea or exclusive economic zone, this may
become subject to the provisions of section 7 and assuming it to
evidence so warrants, institute proceedings, including detention of the vessel,
in accordance with its laws.

7th Notwithstanding paragraph. 6, where
appropriate procedures have been established, either through an international organization or as otherwise agreed
, to ensure compliance with the compositional requirements
deposit or other appropriate financial security, coastal state
is bound by such procedures shall allow the vessel to proceed.

8th Paragraphs 3, 4, 5, 6 and 7 shall apply equally in respect of
national legislation adopted pursuant to Article 211, paragraph. 6th


Čl.221
Measures to prevent pollution caused by accidents at sea

First Nothing in this Part does not prejudice the right of States under international law,
both customary and contractual, adopt and enforce measures
boundaries of the territorial sea proportionate to the actual or imminent harm, for
order to protect their coastline or related interests therewith, including
fishing, from pollution or threat of pollution as a result of an accident at sea or
as a result of the activities associated with such accidents, in which you can
reasonably be expected to lead to serious adverse consequences.

Second For the purposes of this article, "maritime accident" means a collision of vessels
impact stranding or other incident of navigation, or other occurrence on board a vessel or
outside, which has resulted in material damage or imminent threat of material
damage to a vessel or cargo.


Čl.222
Enforcement with respect to pollution from
or through the atmosphere

States has been pushing in the airspace under their jurisdiction
or in relation to the vessels or aircraft flying
their flag or their registration, compliance with its legal
regulations adopted in accordance with Article 212 paragraph. 1 and in accordance with
other provisions of this Convention; and shall adopt laws and regulations and take other measures
which are necessary to implement applicable international
rules and standards established through competent international
organizations or diplomatic conference to prevent,
reduce and control pollution of the marine environment
air or over the air, and in compliance with all relevant international norms and standards
relating to air safety.

Section 7:
WARRANTIES



Čl.223
Measures to facilitate management

In the proceedings under this Part states adopt measures to facilitate
questioning witnesses and taking evidence submitted by authorities of another State or
relevant international organizations and facilitate participation in these proceedings
official representatives of relevant international organizations
or the flag State or any other State affected by pollution arising in
a violation. The official representatives attending such
proceedings shall have such rights and duties as may be determined
national legislation or international law.


Čl.224
Coercive powers

Enforcement powers against foreign vessels under this Part may be
exercised by officials or by warships, military aircraft
or other ships or aircraft clearly marked so that they can be easily identified as
empowered to do so ships or aircraft in the civil service
.


Čl.225
Obligation to prevent negative consequences for the exercise of coercive powers


In the exercise of enforcement powers against foreign vessels under this Convention
States shall not endanger the safety of navigation or otherwise endanger
vessel, or bring it to a port or anchorage, which is not safe
or expose the marine environment to an unreasonable risk.


Čl.226
Investigation of foreign vessels

First

(A) States shall not delay a foreign vessel longer than is necessary for the purposes
investigations referred to in Articles 216, 218 and 220. Any physical

Inspection of a foreign vessel shall be limited to the reinvestigation of such certificates
reports and other documents that the vessel has to carry by generally accepted
international norms and standards, or to reinvestigation
similar documents that vessel;
further physical inspection of the vessel may be undertaken only after such investigation and only
case:

(I) there are reasonable grounds for believing that the condition of the vessel or its equipment does not correspond substantially
particulars of those documents;

(Ii) the contents of these documents are not to be
could confirm or verify a suspected violation; or

(Iii) the vessel is not carrying valid certificates and records.

(B) If the investigation indicates that a violation of applicable laws or regulations
international norms and standards for the protection and preservation of the marine environment
, the vessel will be immediately placed under the assumption that they will be executed
such efficient procedures, such as granting bail
or other appropriate financial security.

(C) Without prejudice to the relevant international norms and standards concerning
seaworthiness of the vessel can be refused
release of the vessel or may be conditional departure to the nearest appropriate repair
dock where the vessel unduly threatening marine environment. If
release of the vessel refused or made conditional, must be promptly informed
flag State, which may seek release of the vessel
in accordance with Part XV.

Second States shall cooperate to develop procedures for the avoidance of unnecessary
physical inspection of vessels at sea.


Čl.227 Non-discrimination of foreign vessels


In exercising their rights and performing their duties under this Part
States avoid formal or de facto discrimination against the vessels of another state.


Čl.228
Break and management constraints

First Proceedings to impose penalties for violation of applicable laws
regulations or international rules and standards to prevent, reduce and control pollution of
vessels committed by a foreign vessel off
coastal States, which initiated the proceedings shall be suspended if
flag State within six months of first opening of proceedings such proceedings
takes to impose a sanction corresponding to the charges, except in cases where proceedings
associated with serious damage to the coastal State concerned, or when
flag state has repeatedly disregarded its obligation
effective way to enforce the relevant international norms and standards relating
to the infringements committed by its vessels. The flag State shall in due time forward
State that first launched proceedings
a full report on the case and the records of the proceedings, whenever the flag State has requested the suspension
proceedings in accordance with the provisions of this article. When proceedings initiated by the flag State
completed, it will complete the suspended
management. On payment of costs incurred in connection with proceedings
released by the coastal State bail or other financial security provided in connection with the suspended
management.

Second Proceedings to impose penalties on foreign vessels shall not be instituted after
expiry of three years from the date the violation was committed, and will begin
any State where proceedings have already been instituted by another State
while respecting the provisions referred to in paragraph. 1st

Third The provisions of this Article shall not prejudice the right of the flag State
to take any measures, including proceedings to impose penalties, in accordance with its laws
, and irrespective of prior proceedings conducted by another
state.


Čl.229
Commencement of civil proceedings

Nothing in this Convention shall affect the initiation of civil proceedings regarding
claim for loss or damage resulting from pollution of the marine environment
.


Čl.230
Penalty and respecting recognized rights of the accused

First For violations of national laws and regulations or applicable
international norms and standards to prevent, reduce and control pollution of the marine environment
committed by foreign vessels beyond the territorial sea
, they may only be imposed monetary penalties.

Second For violations of national laws and regulations or applicable
international norms and standards to prevent, reduce and control

Pollution of the marine environment, committed by foreign vessels in the territorial sea
, may only be imposed financial sanctions, but
except in cases of willful and serious pollution of the coastal sea.

Third In the conduct of proceedings in respect of such violations committed by
foreign vessel which may lead to the imposition of sanctions will be respected
recognized rights of the accused.


Čl.231
Flag State notifications and other affected countries

States shall promptly notify the flag State and other States concerned about
measures taken pursuant to Section 6 against foreign vessels and
transmitted to the flag State all official reports concerning such measures
. However, with regard to violations that occurred in the territorial sea,
subject to the following obligations of the coastal State only to measures that
are taken in proceedings. The diplomatic or consular representatives
officers and where possible the maritime authority of the flag state shall immediately
informed of any such measures taken against foreign
vessels in accordance with Section 6


Čl.232
Responsibility of States arising from enforcement measures

States are responsible for any damages or losses suffered by them can be attributed to a
arising from measures taken pursuant to Section 6 when this
measures are unlawful or exceed those reasonably required
measures in light of available information. States shall provide for recourse
their courts for actions that caused such damage or loss.


Čl.233
Safeguards with respect to straits used for international navigation

Nothing in Sections 5, 6 and 7 shall not affect the legal regime of straits used for international navigation
. However, if a foreign ship other than
referred to in section 10 has committed a breach of the legislation referred to in Article 42, paragraph
. 1 (a) or (b), causing or threatening to cause great harm to the marine environment
straits States bordering straits may
take appropriate enforcement measures and if so shall, mutatis mutandis
^ 1) comply with the provisions of this section.

Section 8:


Glaciation AREAS

Čl.234
Glaciated area

Coastal States have the right to adopt and enforce non-discriminatory laws
regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered areas
within the exclusive economic zone, where
particularly harsh climatic conditions and the presence of ice covering over
majority of such areas create obstructions or exceptional hazards to navigation, and
pollution of the marine environment could cause major
damage to the ecological balance or irreversible disturbance. These legal
regulations shall have due regard to navigation and the protection and preservation of the marine environment
, based on the latest available scientific data
.

Section 9:


RESPONSIBILITY

Čl.235 Responsibility


First States are responsible for meeting their international obligations
relating to the protection and preservation of the marine environment.
Bear responsibility under international law.

Second States shall ensure that their legal systems for prompt and
adequate compensation or other relief in respect of damage caused
pollution of the marine environment by natural or legal persons
under their jurisdiction.

Third In order to ensure prompt and adequate compensation for all damages
caused by pollution of the marine environment, States shall cooperate in
implementation of existing international law and the further development
relating to responsibility and liability for the assessment and compensation and settlement
related disputes, and, as appropriate, development of criteria and procedures
for payment of adequate compensation, such as compulsory insurance or compensation funds
.

Section 10:

Sovereign immunity


Čl.236

Sovereign immunity
Provisions of this Convention regarding the protection and preservation of the marine environment
do not apply to warships, auxiliary vessels and other vessels or
aircraft owned or operated by a State and used, for the time
only on government non purposes. However, each State shall
appropriate measures not impairing operations or operational capabilities it
owned or operated vessels or aircraft, to ensure that

Such vessels or aircraft act in a manner where
reasonable and practicable, in accordance with this Convention.

Section 11:

OBLIGATIONS UNDER OTHER CONVENTIONS ON THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT


Čl.237
Obligations under other conventions on the protection and preservation of the marine environment

First The provisions of this Section shall not prejudice the specific commitments that
States under previously concluded special conventions and agreements
relating to the protection and preservation of the marine environment and agreements
may be closed to support the general principles set out in this Convention .

Second Specific obligations assumed by States under special conventions regarding
protection and preservation of the marine environment shall be conducted in a manner that is
compatible with the general principles and objectives of this Convention.

SECTION XIII:

Marine scientific research
Section 1
:
GENERAL PROVISIONS



Čl.238
Right to conduct marine scientific research

All States, regardless of their geographic location, as well
competent international organizations have the right to conduct marine scientific research
while respecting the rights and duties of other States as provided in this Convention
.


Čl.239
Promotion of marine scientific research

States and competent international organizations shall promote and facilitate the development and implementation
marine scientific research in accordance with this Convention.


Čl.240
General principles for the conduct of marine scientific research

In the conduct of marine scientific research the following principles apply:

(A) marine scientific research shall be conducted exclusively for peaceful purposes;

(B), this research is conducted with appropriate scientific methods and means
which correspond to this Convention;

(C) scientific research shall not unjustifiably interfere with other legitimate uses of the sea
which is consistent with this Convention and orderly manner
such use respects;

(D) marine scientific research shall be conducted in compliance with all rules
related to this activity and has been adopted in accordance with this Convention, and it
including provisions for the protection and preservation of the marine environment.


Čl.241
Non-recognition of marine scientific research as
legal basis for any claim

Activities carried out within the marine scientific research
create legal basis for any claim to any part of the marine environment or its resources
.
Section 2
:


INTERNATIONAL COOPERATION

Čl.242
Promoting international cooperation

First States and relevant international organizations in accordance with their
principle of respect for sovereignty and jurisdiction and on the basis of mutual benefit
international cooperation in marine scientific research for peaceful purposes
.

Second In this context, the State using this Part shall provide an appropriate manner
other States with a reasonable opportunity to obtain from him or working with him
information that is necessary to prevent and control damage
health and safety of people and the marine environment,
and without prejudice to the rights and obligations of States under this Convention.


Čl.243
Creation of favorable conditions

States and relevant international organizations on the basis of bilateral and multilateral agreements
cooperate in creating favorable conditions for
undertaking marine scientific research in the marine environment and when
unification of efforts of scientists in studying the essence of phenomena and processes that need to
occur in the marine environment, and the relationships between them.


Čl.244
Publication and dissemination of information and knowledge

First States and relevant international organizations shall, in accordance with this Convention
information on proposed major programs and their
objectives as well as knowledge resulting from marine scientific research, and it
their publication and dissemination through appropriate channels.

Second For this purpose, States individually or in cooperation with other
States and relevant international organizations actively promote the flow
scientific data and information and the transfer of knowledge resulting from marine
scientific research, especially to developing countries, as well as
strengthening of the autonomous marine scientific research capabilities of developing countries
inter alia, programs to provide adequate education and

Training of their technical and scientific personnel.
Section 3
:

Implementation and promotion of marine scientific research


Čl.245
Marine scientific research in the territorial sea

Coastal States, in the exercise of their sovereignty, the exclusive right to authorize
regulate and conduct marine scientific research in their territorial sea.
Marine scientific research in the territorial sea can be done only with the express consent of the coastal state
and under the conditions set by it.


Čl.246
Marine scientific research in the exclusive economic zone and on the continental shelf


First Coastal States, in the exercise of its jurisdiction in accordance with the law
relevant provisions of the Convention regulate, authorize and conduct
marine scientific research in its exclusive economic zone and on its continental shelf
.

Second Marine scientific research in the exclusive economic zone and on the continental shelf
is done with the consent of the coastal State.

Third The coastal State normally has granted its approval to the projects
marine scientific research with other States or competent international organizations
in its exclusive economic zone or continental shelf
to be in conformity with this Convention, conducted exclusively for peaceful
purposes and to expand scientific knowledge about the marine environment
to the benefit of all mankind. To this end, coastal States shall establish rules
and procedures ensuring that such consent will not be without serious reasons
delayed or denied.

Fourth For the purposes of applying paragraph. 3, normal circumstances exist
if no diplomatic relations between the coastal State and the researching State
.

Fifth Coastal States may however in their discretion withhold their consent to perform
marine scientific research project
another State or competent international organization in its exclusive economic zone or
on its continental shelf if that project:

(A) is of direct significance for the exploration and exploitation of natural resources
whether living or non-living;

(B) involves drilling into the continental shelf, the use of explosives
or the introduction of harmful substances into the marine environment;

(C) involves the construction, operation or use of artificial islands, installations
structures referred to in Articles 60 and 80;

(D) contains inaccurate information concerning the nature and objectives of the project
communicated in accordance with Article 248, or if the State or competent international organizations conducting research
has the coastal State
unfulfilled obligations from a previous project.

6th Notwithstanding the provisions of paragraph. 5, coastal States may not
its discretion to withhold consent under subparagraph. (A) of the preceding paragraph
regarding marine scientific research projects to be
carried out in accordance with the provisions of this Part on the continental shelf
beyond 200 nautical miles from the baselines from which || | to measure the breadth of the territorial sea, outside those specific areas which
coastal state may at any time publicly designate as areas in which progress
or within a reasonable time period will be
mining or detailed exploratory operations focused on those areas. The coastal State shall give due publicity
designation of such areas, as well as any changes
but is not obliged to give details of the operations therein.

7th Paragraph. 6 shall not affect the rights of coastal states over the continental shelf
enshrined in Article 77

8th Activities carried out within the marine scientific research referred to in this article
shall not unjustifiably interfere with activities
coastal States in the exercise of their sovereign rights and jurisdiction provided for by the Convention
.


Čl.247
Marine scientific research project carried out by international organizations
or under their auspices

It is considered that the coastal state which is a member of an international organization or
concluded a bilateral agreement with an international organization, and in whose
exclusive economic zone or on the continental shelf
wants this organization directly or under its aegis to conduct the project
marine scientific research, gave permission to carry out such a project
in accordance with the agreed specifications, if approved by the state step

Project when an international organization made a decision on his
execution or wishes to participate in it and expressed no objections
within four months after notification of the project by an international organization
coastal state.


Čl.248
Obligation to provide information to the coastal state

States and competent international organizations which intend to undertake
marine scientific research in the exclusive economic zone or on the continental shelf of a coastal
law, provide that State
least six months before the event the marine scientific
research complete information about:

(A) the nature and objectives of the project;

(B) the method and means to be used, including name,
tonnage, type and class of vessels and a description of scientific equipment;

(C) the precise geographical areas in which the project is to be carried
;

(D) expected date of first appearance and final departure
research vessels, or deployment of the equipment and its removal;

(E) the name of the organizing institution, its director and the person in charge
project management; and

(F) the extent to which it is assumed that the coastal State should
project could participate or to be represented.


Čl.249
Obligation to comply with certain conditions

First States and relevant international organizations when implementing
marine scientific research in the exclusive economic zone or continental shelf
coastal State shall comply with the following conditions:

(A) if a coastal State wishes to secure its right to participate
or be represented in the marine scientific research, particularly
on board research vessels and other craft or scientific research
facilities when practicable, without payment of any remuneration
scientists of the coastal State and without obligation
coastal State to contribute to the cost of the project;

(B) provide the coastal State, at its request, with preliminary reports
as quickly as possible, and after completion of the research
final results and conclusions;

(C) undertake to provide the coastal State, at its request
access to all data and samples derived from the marine scientific research as well as his
deliver data that can be multiplied, and samples which can || | be divided without being damaged by their scientific value;

(D) provide the coastal State with an assessment of such
data, samples and research results or provide assistance in their assessment or interpretation
;

(E) to ensure that research results are made available on an international scale
through appropriate national or international
channels, as quickly as possible while respecting paragraph.
2;

(F) inform the coastal State immediately of any major change
research program;

(G) once the research is completed, remove the scientific research installations
devices, unless otherwise agreed.

Second This article is without prejudice to the conditions laid down by the legislation
coastal State for the exercise of its discretion to grant or withhold consent
under Article 246 Para. 5, including requiring prior agreement for
access to research results of the project, which has direct relevance to
exploration and exploitation of natural resources on an international scale.


Čl.250
Communication concerning marine scientific research projects

Communication concerning marine scientific research projects shall be transmitted
through appropriate official channels, unless otherwise agreed.


Čl.251
General criteria and guidelines

States, through competent international organizations seek
establishment of general criteria and guidelines that would assist States
in ascertaining the nature and implications of marine scientific research.


Čl.252 Tacit consent


State or competent international organization may accede to
implementation of marine scientific research project after six months
date on which it was granted the coastal State the information required by Article 248
if, within four months of receipt of the notification
containing such information not communicated to the coastal State or State organization conducting research that
:

(A) it has withheld its consent under the provisions of Article 246; or


(B) information regarding the nature or purpose of the project, provided such
State or competent international organizations are not in accordance with
manifestly evident facts; or

(C) it requires supplementary information relevant to conditions and the information provided
under Articles 248 and 249; or

(D) outstanding commitments relative to the previous project
marine scientific research conducted by the State or organization
regarding the conditions set out in Article 249.


Čl.253
Suspension or interruption of marine scientific research

First The coastal state has the right to require the suspension of any action
marine scientific research undertaken in its exclusive economic zone
or on its continental shelf if:

(A) research activity is conducted in accordance with the information communicated as
provisions of Article 248, to which the consent of the coastal State based;
And

(B) the State or competent international organization conducting the research activities fails to comply
provisions of Article 249 concerning the rights
coastal State with respect to the marine scientific research.

Second The coastal state has the right to require the cessation of any activity within
marine scientific research activities in case of any failure to comply with the provisions of Article 248
which would represent a major change in the research
project or research activities.

Third The coastal State may also require cessation of activity within
marine scientific research activities if any of the circumstances described in paragraph.
1 are not rectified within a reasonable time.

Fourth States or competent international organizations authorized to conduct
of marine scientific research activities shall terminate the research,
which is subject to notification of the coastal State of its decision to suspend or terminate
.

Fifth Once the State or competent international organization conducting research
fulfill the conditions required under Articles 248 and 249 cancels
coastal state regulation of suspension under paragraph. 1 and continues to permit activity
marine scientific research.


Čl.254
Rights of neighboring landlocked and geographically disadvantaged states

First States and relevant international organizations coastal State
submitted a project for the implementation of marine scientific research referred to in Article 246, paragraph
. 3, familiar neighboring landlocked and geographically disadvantaged states
with a proposed research project and notify
the coastal State.

Second After obtaining the consent of the coastal State with the proposed project
marine scientific research in accordance with Article 246 and other
relevant provisions of this Convention, States and relevant international organizations
carrying out such a project to provide neighboring landlocked and geographically disadvantaged
States at their request, and if possible,
relevant information referred to in Article 248 and Article 249, paragraph. 1 (f).

Third If feasible, the aforementioned neighboring landlocked and geographically disadvantaged States
at their request, be given an opportunity
participate in the proposed marine scientific research project through
appointed by them qualified professionals, against which the coastal state
has not objected in accordance with the conditions that
agreed for the project in accordance with the provisions of this Convention
between the coastal State concerned and the State or competent international
organizations conducting the marine scientific research.

Fourth States and competent international organizations referred to in paragraph. 1
provide the above-mentioned landlocked and geographically disadvantaged States, at their request
and subject to the provisions of Article 249, paragraph. 2
information and assistance referred to in Article 249, paragraph. 1 ( d).


Čl.255
Measures to facilitate marine scientific research and assist research vessels


To promote and facilitate marine scientific research conducted in accordance with
this Convention beyond their territorial sea
States shall endeavor to adopt reasonable rules, regulations and procedures, and if possible, and when
compliance with the provisions of their laws
vessels regulations facilitate marine scientific research comply with the relevant provisions of this Part
access to their harbors and provide them with assistance.


Čl.256
Marine scientific research in the Area


All States, irrespective of their geographical location, and competent
international organizations have the right, in accordance with the provisions of Part XI
marine scientific research in the Area.


Čl.257
Marine scientific research in the water column beyond the exclusive economic zone


All States, irrespective of their geographical location, and competent
international organizations have the right in accordance with this Convention
marine scientific research in the water column beyond the exclusive economic zone
.
Section 4
:

SCIENTIFIC RESEARCH AND EQUIPMENT marine environment


Čl.258 The deployment and use


Deployment and use of any type of scientific research installations and equipment
in any area of ​​the marine environment
subject to the same conditions as prescribed in this Convention for the conduct of marine
scientific research in any such area.


Čl.259 Legal status


Equipment and facilities referred to in this section do not possess the status of islands.
They have no territorial sea and their presence does not affect the delimitation
territorial sea, the exclusive economic zone or continental shelf.


Čl.260

Safety zones
Around scientific research installations may be in accordance with the relevant provisions of this Convention
created a safety zone
reasonable breadth not exceeding a distance of 500 meters. All States shall ensure that such
safety zones were respected by their vessels.


Čl.261
-Interference shipping routes

Deployment and use of any type of scientific research installations and
equipment shall not constitute an obstacle to established international shipping routes
.


Čl.262
Identification marks and warning signals

Equipment and facilities referred to in this section shall bear
identification markings indicating the State of registration or
international organization to which they belong and shall have adequate
internationally agreed warning signals to ensure safety at
sea ​​and air safety, with regard to norms and standards established
relevant international organizations.
Section 5
:


RESPONSIBILITY

Čl.263 Responsibility


First States and relevant international organizations are responsible for ensuring that
ensure that by them or on their behalf conducted marine scientific research
was conducted in accordance with this Convention.

Second States and relevant international organizations are responsible for the actions
take in contravention of this Convention and which relate
marine scientific research conducted by other States, their natural or juridical persons or
relevant international organizations, and || | provide compensation for damage resulting from such measures.

Third States and relevant international organizations, according to Article 235
responsible for damage caused by pollution of the marine environment due
marine scientific research undertaken by them or on their behalf.
Section 6
:

SETTLEMENT OF DISPUTES AND INTERIM MEASURES


Čl.264 Settlement of disputes


Disputes concerning the interpretation or application of the provisions of this Convention
regard to marine scientific research shall be settled in accordance with
Part XV, sections 2 and 3


Čl.265 Provisional measures


States or competent international organizations authorized to conduct
marine scientific research project to settle the dispute in accordance with
Part XV, sections 2 and 3 allow to be launched
research activities or for the it was continued without the express consent of the coastal State
.

SECTION XIV:

DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY
Section 1
:
GENERAL PROVISIONS



Čl.266
Support the development and transfer of marine technology

First States, directly or through competent international organizations
and in accordance with their capabilities work together to provide
promote actively the development and transfer of scientific knowledge about the sea and marine
technology on fair and reasonable terms.

Second States to accelerate social and economic development of the developing countries
promote the development of marine scientific and technological capability
States which may need and request technical assistance in this area
terms of exploration, exploitation, conservation and management

Marine resources; the protection and preservation of the marine environment;
marine scientific research; and other activities in the marine environment compatible with this Convention
, especially developing countries, including landlocked and geographically disadvantaged
.

Third States to foster favorable economic and legal conditions for the transfer of marine technology
on an equitable basis and to the benefit of all concerned parties
.


Čl.267
Protection of the legitimate interests

States, in promoting cooperation pursuant to Article 266
properly take into account all legitimate interests including, inter alia
rights and duties of holders, suppliers and recipients of marine technology.


Čl.268
Basic objective

States, directly or through competent international organizations support
:

(A) the acquisition, evaluation and dissemination of marine technological
knowledge and facilitate access to such data;

(B) development of appropriate marine technology;

(C) the development of the necessary technological infrastructure to facilitate the transfer
marine technology;

(D) development of human resources through training and education
nationals of developing States and countries and especially the least developed among them
;

(E) international cooperation at all levels, particularly at the regional, subregional and bilateral
level.


Čl.269
Measures to achieve the basic objectives

In order to achieve the objectives set out in Article 268, States, directly or
through competent international organizations seek, inter alia, by
:

(A) establish programs of technical cooperation for the effective transfer
all kinds of marine technology to States which could
need and request technical assistance in this area, particularly
developing land-locked and geographically disadvantaged States, as well
and other developing States which have not been able either to create or develop
their own technological capacity in marine science and in
exploration and exploitation of marine resources; or to develop the infrastructure of such technology
;

(B) promote favorable conditions for the conclusion of agreements, contracts and other similar arrangements
under fair and reasonable conditions;

(C) conferences, seminars and symposia on scientific and technological
issues, in particular on policies and methods
transfer of marine technology;

(D) promote the exchange of scientists and of technological and other experts;

(E) undertake projects and promote joint ventures and other forms
bilateral and multilateral cooperation.
Section 2
:


INTERNATIONAL COOPERATION

Čl.270
Ways and means of international cooperation

Where possible and appropriate, international cooperation to
development and transfer of marine technology
done through existing bilateral, regional or multilateral programs
and also through expanded and new programs to facilitate | || marine scientific research and transfer of marine technology, particularly in
new fields, and appropriate international funding
ocean research and development.


Čl.271
Instructions, criteria and standards

States, directly or through competent international organizations
promote the establishment of widely accepted guides,
criteria and standards for the transfer of marine technology on a bilateral basis or
within international organizations and other fora, with a particular
consideration the interests and needs of developing States.


Čl.272 Coordination of international programs


In the field of transfer of marine technology, States shall endeavor to ensure that
that competent international organizations coordinate their activities with
into account the interests and needs of developing States, particularly land-locked and geographically disadvantaged
, including regional and
universal programs.


Čl.273
Cooperation with international organizations and the Office

To encourage and facilitate the transfer of skills and marine technology
developing States, their nationals and businesses regarding
activities in the Area, States shall cooperate actively with competent international organizations and
Office.


Čl.274

Office Targets
Concerning activities in the Area Office with regard to all eligible

Interests, inter alia, the rights and duties of holders, suppliers and recipients of technology
ensure that:

(A) nationals of developing States, whether coastal or inland
geographically disadvantaged, shall be for the purpose
training and the principle of equitable geographical representation
workers are assigned as the control, research and technical staff | || created for his business;

(B) the technical documentation on the relevant equipment, machinery, devices and processes is made
all States, in particular developing countries, which would
may need and request technical assistance in this area;

(C) The Office shall take appropriate measures to ensure that states which could
need and request technical assistance in the field of marine
technology, especially developing countries, to facilitate the acquisition and that
their nationals acquiring the necessary skills and knowledge
, including professional training;

(D) States which may need and request technical assistance in
this field, particularly developing States, are
through any financial arrangements provided for in this Convention shall assist with
acquisition of necessary equipment, processes and manufacturing and other technical
knowledge.
Section 3
:

NATIONAL AND REGIONAL MARINE SCIENTIFIC AND TECHNOLOGICAL CENTRES


Čl.275
Establishment of national centers

First To stimulate and accelerate the implementation of marine scientific research
developing coastal States and to enhance their national possibilities
utilize and preserve their marine resources for their economic benefit
, States, directly or through competent international organizations or
office support
establishment of national marine scientific and technological research centers, particularly in
developing coastal States, and strengthening of existing national centers
.

Second States, through competent international organizations and the Authority
provide reasonable assistance to those countries who might need
or require them to facilitate the establishment and strengthening of such national centers
so that the teach-equipped with modern facilities
and the necessary equipment, knowledge and skills as well as technical experts
.


Čl.276
Establishment of regional centers

First To stimulate and accelerate the implementation of marine scientific research
developing countries and to promote the transfer of marine technology, States
in cooperation with relevant international organizations, or by
national marine scientific and technological institutions
support the establishment of regional marine scientific
research and technological centers, particularly in developing countries.

Second To make this more effective in achieving their goals, all States of the region
cooperate with the regional centers.


Čl.277 The regional centers


The activities of such regional centers shall include, inter alia:

(A) training and educational programs at all levels on various aspects
marine scientific and technological research, particularly marine biology
, including conservation of living resources and management,
oceanography, hydrography, engineering, geological exploration of the sea
bed, mining and desalination technologies;

(B) studies on management issues;

(C) study programs related to the protection and preservation of the marine environment and
prevention, reduction and control of pollution;

(D) organization of regional conferences, seminars and symposia;

(E) acquisition and processing of marine scientific and technological data and information
;

(F) prompt dissemination of results of marine scientific and technological
research in readily available publications;

(G) publicizing national policies with regard to the transfer
marine technology and systematic comparative study of those policies;

(H) compilation and systematization of data on the marketing of technology and
contracts and other arrangements concerning patents;

(I) technical cooperation with other States of the region.
Section 4
:

Cooperation between international organizations


Čl.278
Cooperation between international organizations

Competent international organizations referred to in this Part and in Part XIII

Shall take all appropriate measures to ensure, either directly or in close cooperation
, the effective performance of its functions and duties under this Part
.

PART XV:


SETTLEMENT OF DISPUTES Section 1
:
GENERAL PROVISIONS



Čl.279
Obligation to settle disputes by peaceful means

States Parties shall solve any dispute between them which concerns the interpretation
or application of this Convention by peaceful means in accordance with Article 2, paragraph
. 3 UN Charter, and to this end, they seek to settle disputes by peaceful means
referred to in Article 33. 1 of the Charter.


Čl.280
Settlement of disputes by peaceful means in accordance with the parties' choice

Nothing in this Part shall not affect the rights of States Parties to the
ever agreed to settle the dispute among themselves concerning the interpretation or application of this Convention
, by any peaceful means of their choice.


Čl.281
Management in the event that the parties reached a settlement

First If the States Parties which are parties to a dispute concerning
the interpretation or application of this Convention have agreed to seek settlement of the dispute
peaceful means of their own choice, the procedures provided for in this Part
only if the dispute has not been these funds
settled and the agreement between the parties does not exclude any further procedure.

Second If the parties have also agreed on a deadline, the paragraph.
1 after the expiry of this period.


Čl.282
Obligations under general, regional or bilateral agreements


If the States Parties which are parties to a dispute concerning the interpretation or application
this Convention, agreed on the basis of universal
regional or bilateral agreement or otherwise, that such dispute
at the request of either the parties settled the dispute in the proceedings, which
result in a binding decision, apply such a procedure in place
procedure set out in this part, unless the parties agree otherwise
.


Čl.283
Obligation to exchange views

First If the States Parties a dispute arises concerning the interpretation or application of this
Convention, the parties exchanged opinions immediately,
regarding its settlement by negotiation or other peaceful means.

Second The parties shall also proceed to an exchange of views where a procedure
to settle the dispute has been terminated without a settlement has been reached, or when
settlement has been reached and the circumstances require consultation regarding the manner of implementing the settlement
.


Čl.284 Conciliation


First State Party which is a party to a dispute concerning the interpretation or application of this Convention
, the other party or parties propose that
submit the dispute to conciliation in accordance with the procedure laid down in
1 of Annex V or another conciliation management.

Second If the proposal is accepted and if the parties agree to use arbitration,
any party may submit the dispute to arbitration.

Third If the proposal is not accepted or the parties agree on the management,
deemed the conciliation proceedings were closed.

Fourth If the dispute is submitted to arbitration, and unless the parties agree otherwise
may be terminated only in accordance with the agreed conciliation
management.


Čl.285
Use this section to disputes submitted pursuant to Part XI

The provisions of this section shall apply to any dispute to be
under Part XI, Section 5, is to be settled in accordance with the procedures set out in this Part
. This section shall apply mutatis mutandis ^ 1) Where a party to a dispute
such an entity other than a State Party.
Section 2
:

Obligatory proceedings which result in serious decision


Čl.286
Use of proceedings under this section

Subject to Section 3, any dispute concerning the interpretation or application of this Convention
not resolved by recourse to Section 1, at the request of any party to the dispute
before a court or tribunal having jurisdiction under
of this section.


Čl.287

Choice of procedure
First State may, when signing, ratifying or acceding to this Convention or at any time thereafter
written statement to select one or more of the following ways
settlement of disputes concerning the interpretation or application of this Convention
:

(A) the International Tribunal for the Law of the Sea established in accordance with Annex VI
;

(B) the International Court of Justice;


(C) an arbitral tribunal constituted in accordance with Annex VII;

(D) a special arbitral tribunal constituted in accordance with Annex VIII
for one or more categories of disputes specified therein.

Second A declaration made under paragraph. 1 shall be without prejudice and shall not affect the obligations of the State party
recognize the jurisdiction of the Chamber for disputes
on the seabed of the International Tribunal for the Law of the Sea in
extent and manner set out in Part XI, Section 5 | ||
Third If a State Party is a party to the dispute, which is not included in
valid statement it shall be deemed to have accepted arbitration in accordance with Annex VII.

Fourth If the parties to a dispute have accepted the same dispute settlement proceedings may be
dispute submitted for settlement only to that procedure, Unless the parties agree otherwise
.

Fifth If the parties to the dispute have not the same dispute settlement proceedings
dispute may be submitted only to arbitration in accordance with Annex VII
Unless the parties agree otherwise.

6th A declaration made under paragraph. 1 shall remain in force until three months
after notice of revocation has been deposited with the UN Secretary General.

7th A new declaration, a notice of revocation or the expiry
statement does not affect proceedings pending before a court or tribunal
having jurisdiction under this article, Unless the parties agree otherwise
.

8th Declarations and notices referred to in this Article shall be deposited with
UN Secretary General, who shall transmit copies to the States Parties.


Čl.288 Jurisdiction


First The court or tribunal referred to in Article 287 shall have jurisdiction over any
dispute concerning the interpretation or application of this Convention which he
submitted in accordance with the provisions of this Part.

Second The court or tribunal referred to in Article 287 shall also have jurisdiction
any dispute concerning the interpretation and application of international agreements
relating to the objectives of this Convention and which is submitted in accordance with that agreement
.

Third Chamber Disputes seabed
International Tribunal for the Law of the Sea established in accordance with Annex VI
or any other chamber or arbitral tribunal referred to in Part XI, Section 5, are
jurisdiction in any matter which is they submitted in accordance with this Part
.

Fourth The dispute about whether a court or tribunal has jurisdiction, be settled by the decision
this court or tribunal.


Čl.289 Experts


In any dispute involving scientific or technical matters, a court or tribunal
who is under this section may, at
request of a party or on its own initiative, selected after consultation with the parties
least two scientific or technical experts, preferably from
relevant list prepared in accordance with Article 2 of Annex VIII to
without voting rights attended the session of the court or tribunal
.


Čl.290 Precautionary measures


First If a dispute has been duly submitted to a court or tribunal which
decided that his dispute prima facie ^ 3) is entitled under this Part or by
Part XI, section 5, the court or tribunal may prescribe any provisional measures
, that under the circumstances it considers appropriate to preserve
respective rights of the parties to the dispute or to prevent serious damage
marine environment, pending the final decision.

Second Provisional measures may be modified or revoked as soon as
changed or ceased circumstances that brought them.

Third Provisional measures under this Article may be prescribed, modified or revoked
only at the request of the parties and after parties
given an opportunity to be heard.

Fourth The court or tribunal shall inform the parties and such other
States Parties as it considers appropriate, of the prescription, modification or revocation of provisional measures
.

Fifth To the establishment of the arbitration tribunal, which shall be in accordance with this section
a dispute, any court or tribunal, to which the parties agreed
; or, failing such agreement within two weeks from the date
request for provisional measures, the International Tribunal for the marine
law; or, with respect to activities in the Area Chamber
disputes relating to the seabed, in accordance with this Article enact, amend or withdraw
precautionary measure, if it considers that the tribunal which is to be referred to
shall be prima facie ^ 3) responsible for this dispute, and that

It requires urgency of the situation. Tribunal to which the dispute has been submitted may
modify, revoke or affirm those provisional measures, once
established; while acting in accordance with paragraph. 1 to 4

6th Parties to the dispute shall comply promptly with any provisional measures ordered
under this Article.


Čl.291 Access


First All procedures for the settlement of disputes set out in this Part are
open to all participating States.

Second If it is expressly provided in this Convention, the procedures for the settlement of disputes
specified in this part open to entities other than
participating States.


Čl.292
Prompt release of vessel and crew

First If the authorities of a State Party have detained a vessel flying the flag
another State Party and it is suspected that the State which carried out the arrest
, complied with the provisions of this Convention concerning
the swift release of the vessel and its crew after taking reasonable
deposit or other financial guarantees, the question can be released
submitted to any court or tribunal by agreement of the parties; or, if no such agreement
within ten days from the date of arrest, the court or tribunal
which under Article 287 elected State which carried out the arrest;
or the International Tribunal for the Law of the Sea, unless the parties otherwise
.

Second The application for release may be made only by the flag state of the vessel
or on his behalf.

Third The court or tribunal shall deal without delay with the application for release and
deals only with the question of release, without prejudice
basically any case before the appropriate domestic forum against the vessel
its owner or its crew. The authorities state that the detaining
are entitled at any time to release the vessel or its crew.

Fourth After payment of a deposit or other financial security determined by the court or tribunal, the authorities
State which carried out the arrest shall comply promptly
decision of the court or tribunal concerning the release of the vessel or its crew
.


Čl.293 Applicable law


First A court or tribunal having jurisdiction under this section uses
this Convention and other rules of international law not
incompatible with this Convention.

Second If the parties so agree, without prejudice to paragraph. 1
jurisdiction of the court or tribunal having jurisdiction under this section to decide
case ex aequo et bono. ^ 4)


Čl.294 Preliminary proceedings


First The court or tribunal provided for in Article 287, which was submitted
request regarding the dispute referred to in Article 297 may, at the request of a party or on its own initiative
decide whether this application is an abuse of legal
process or whether prima facie ^ 3) justified. If the court or tribunal
that the application is an abuse of legal process or is prima facie ^ 3)
unfounded, will this matter be discussed further.

Second After receiving the request, the court or tribunal shall immediately notify the other party or parties
and determine a reasonable time limit within which it may request
to make a decision in accordance with paragraph. 1st

Third Nothing in this Article shall affect the rights of parties to a dispute to make preliminary objections
in accordance with the applicable rules of procedure.


Čl.295
Exhaustion of domestic remedies

Any dispute between States Parties concerning the interpretation or application of this Convention
may be submitted to the procedures provided for in this section only after
have been exhausted domestic remedies
if it requires international right.


Čl.296
Finality and binding force of decisions

First Any decision rendered by a court or tribunal having jurisdiction
under this section is final and all parties subjected to him.

Second Any such decision is binding only on the parties and the dispute
.
Section 3
:

LIMITATIONS AND EXCEPTIONS TO SECTION 2


Čl.297
Use Limitations Section 2

First Disputes concerning the interpretation or application of this Convention regarding
exercise of sovereign rights of coastal states or jurisdictions
set out in this Convention, in the following cases pending before the proceedings
provided for in Section 2:

(A) when it is alleged that a coastal State has acted in contravention of the provisions of this Convention
regarding the freedom and rights of navigation and overflight or
lay submarine cables and pipelines, or in terms of other from

International perspective, the legitimate use of the sea as provided for in Article 58
;

(B) when it is alleged that a State in exercising the aforementioned freedoms, rights
uses has acted in contravention of this Convention or legislation
adopted by the coastal State in accordance with the provisions of this Convention and || | other rules of international law which are not incompatible with this Convention
; or

(C) when it is alleged that a coastal State has acted in conflict with certain
international norms and standards for the protection and preservation of the marine environment
which apply to the coastal State and referred to in this Convention
or through competent international organizations or diplomatic conference
.

Second

(A) Disputes concerning the interpretation or application of the provisions of this Convention
regarding marine scientific research shall be settled in accordance with Section 2
that the coastal State is not obliged to accept the submission to
such settlement of any dispute that arises:

(I) the exercise of a right or discretion of the coastal State in accordance with Article 246
; or

(Ii) the decision of the coastal State to order suspension or interruption
research project in accordance with Article 253;

(B) The dispute, which arose claiming State performing research that if
terms of specific project the coastal State does not exercise its rights under Articles 246 and 253
manner consistent with this Convention, at the request of one of the | || parties submit to arbitration under section 2 of Appendix V to the fact that
conciliation commission shall not call in question the exercise of discretion
coastal state to designate specific areas as defined in Article 246 Para.
6 or of its discretion to withhold consent in accordance with Article 246, paragraph
. 5th

Third

(A) Disputes concerning the interpretation and application of the provisions of this Convention
regard to fisheries shall be settled in accordance with Section 2 that
coastal State is not obliged to accept the submission to such settlement
any dispute relating to its sovereign rights over the living resources
exclusive economic zone or their exercise, including its discretionary powers for determining the allowable catch
, výlovnou capacity, the allocation of surpluses to other
States as well as the conditions laid down its legislation
conservation of these resources and their management.

(B) Failing a settlement by recourse to Section 1 of this part, and if
alleged that:

(I) a coastal State has manifestly failed to fulfill its obligations
appropriate measures to ensure the maintenance of the living resources of the exclusive economic zone and
managing them so as not to seriously jeopardize their preservation;

(Ii) a coastal State has arbitrarily refused to determine, at the request of another State
allowable catch and the catch capacity of living resources in terms of species, of which mining has
that other State is interested;

(Iii) a coastal State has arbitrarily refused to allocate to another state in accordance with
Articles 62, 69 and 70 and under terms and conditions set
coastal State in accordance with this Convention in whole or part of the surplus, about which he said,
that exists;
Passes the dispute at the request of one of the parties to the dispute to conciliation under Section 2

Annex V.
(C) Discretionary conciliation commission does not replace free
discretion of the coastal State.

(D) The report of the conciliation commission shall be communicated to the appropriate international organizations
.

(E) Unless agreed otherwise, the participating States to include
agreements negotiated under Articles 69 and 70 clause on measures which they shall
what to minimize the possibility of a disagreement concerning the interpretation or
the use of such agreements and procedures in the event that a disagreement nevertheless arises.


Čl.298
Possible exceptions to the application of Section 2

First When signing, ratifying or acceding to this Convention or at any time thereafter
can happen without violating the obligations arising from Section 1
make a written statement that accepts one or more procedures for the settlement of disputes
set out in Section 2 as regards one or more of the following categories of disputes
:

(A)

(I) disputes concerning the interpretation or application of Articles 15, 74 and 83
regarding the delimitation of maritime boundaries, or those involving
historic bays or titles, provided that state
which has made such a declaration, agrees that if there is such a dispute
after the entry into force of this Convention and unless a reasonable time

Negotiations between the parties reached an agreement, be submitted, at the request of any party
dispute to conciliation under section 2 of Annex V;
and provided further that any dispute that necessarily involves the concurrent
consideration of any unsettled dispute concerning sovereignty or
other rights over continental or insular land territory shall be from such a submission
removed;

(Ii) after the conciliation commission shall submit a report containing the reasons on which
is based, the parties shall negotiate on the basis of this report the agreement;
and failing to negotiate an agreement and unless agreed otherwise, the parties shall submit
mutual consent question to one of the procedures provided for in Section 2
;

(Iii) of this subparagraph shall not apply to any dispute over the sea border
, who had already been definitively settled
agreement between the parties, or to any such dispute which is to be settled in accordance
with a bilateral or multilateral agreement between those parties
binding;

(B) disputes concerning military activities, including military action
government ships and aircraft engaged in non-commercial service, and disputes concerning
activities to ensure compliance with the law and the exercise of sovereign rights
or jurisdiction excluded from the jurisdiction
court or tribunal under article 297, paragraph. 2 or 3;

(C) disputes in which the Security Council is exercising the functions assigned to it by the UN Charter
unless the Security Council decides to remove the item from the agenda
meetings or calls on the parties to settle it by the means provided for in
this Convention.

Second A State Party which has made a declaration under paragraph. 1 may
statement at any time withdraw or agree with the fact that this dispute
declaration was submitted to exempt settle any procedure
established by the Convention.

Third A State Party which has made a declaration under paragraph. 1
not required to submit any dispute which falls into one of these exemption categories
disputes, as against another State Party, without his consent
used the procedure laid down in this Convention.

Fourth If one of the participating countries made a declaration under paragraph.
1 (a), any other State Party to submit to the procedure set out in this statement
any dispute, which is headed by the party which
such statements have been made, and which falls into one of these exemption categories
disputes.

Fifth The new declaration or withdrawal of a declaration does not affect the proceedings
that has previously been in compliance with this Article
brought before the courts or tribunal, unless the parties agree otherwise.

6th A declaration under this article and notices of withdrawal will be
deposited with the UN Secretary General, who shall transmit copies
States Parties.


Čl.299
Consent managing

First Any dispute excluded under Article 297 or under
declarations made under Article 298 from the dispute settlement procedures set out in Section 2
may be submitted for settlement under such proceedings
only with the consent of the parties.

Second Nothing in this section shall affect the rights of parties to the dispute
agree to some other procedure for the settlement of such dispute or to reach an amicable settlement
.

SECTION XVI:
GENERAL PROVISIONS



Čl.300
Good faith and abuse of rights

States Parties shall faithfully fulfill in good faith the obligations assumed
under this Convention and shall exercise the rights, freedoms and jurisdiction conferred
this Convention in a manner which would not constitute an abuse of rights.


Čl.301 Peaceful uses of the seas


In exercising their rights and performing their duties in accordance with
provisions of this Convention, States Parties shall refrain
any threat or use of force against the territorial integrity
or political independence of any State, or in any
any other manner inconsistent with the principles of international law embodied in the Charter of the United Nations
.


Čl.302 Information disclosure


Without prejudice to the right of any State Party to resort to the procedures for dispute settlement
set out in this Convention, it will not be about anything in this Convention
considers that requires a State Party to the fulfillment of their
obligations under this Convention to provide information whose disclosure is
contrary to the essential interests of its security.


Čl.303

Archaeological and historical objects found at sea

First States have a duty to protect the archaeological objects and
historical nature found at sea and cooperate to that effect.

Second In order to control traffic in such objects, the coastal State may
when applying Article 33, that their removal from the seabed in the zone
in that article without its approval would constitute a breach
legislation mentioned in that article, and on its territory or territorial sea
.

Third Nothing in this article shall affect the rights of owners whose identity can
determine the rights of the hoisting of ships and other objects from the seabed
or other rules of admiralty, or laws and practices regarding
cultural exchange.

Fourth This article is without prejudice to other international agreements and norms
international law concerning the protection of archaeological objects and
historical nature.


Čl.304
Liability

Provisions of this Convention concerning the liability for damage are without prejudice
using existing rules and the development of further rules regarding
responsibility under international law.

PART XVII:
FINAL PROVISIONS



Čl.305 Signature


First This Convention is open for signature by:

(A) all States;

(B) Namibia, represented by the UN for Namibia;

(C) all self-governing associated States which have chosen this status
an act of self-determination under the supervision and with the approval of the United Nations in accordance with
General Assembly resolution 1514 (XV) and which have competence in matters || | governed by this Convention, including the competence to enter into contracts in these
matters;

(D) all self-governing associated States which, in accordance with
respective instruments of association, have competence over matters governed
this Convention, including the competence to conclude agreements on these matters;

(E) all territories which enjoy full internal self-government, recognized as such
United Nations, but have not attained full independence in accordance with UN General Assembly
1514 (XV) and which have competence in matters covered by this
Convention, including the competence to enter into treaties in these matters;

(F) international organizations, in accordance with Annex IX.

Second This Convention shall remain open for signature until 9 December 1984 at
Ministry of Foreign Affairs of Jamaica and also, from 1 July 1983 until
9th December 1984 at UN headquarters in New York.


Čl.306 Ratification and approval


This Convention is subject to ratification by States and other entities that are
mentioned in article 305, paragraph. 1 (b), (c), (d) and (e), and to formal approval
in accordance with Annex IX other entities referred to in Article 305, paragraph
. 1 (f). The instruments of ratification and of formal approval
will be deposited with the UN Secretary General.


Čl.307 Accession


This Convention shall remain open for accession by all States and other
entities referred to in Article 305. Accession
entities referred to in Article 305, paragraph. 1 (f) shall be conducted in accordance with Annex IX.
Instrument of accession shall be deposited with the UN Secretary General.


Čl.308 Entry into force


First This Convention shall enter into force twelve months after the date of deposit
sixtieth instrument of ratification or accession.

Second Subject to the provisions of paragraph 1, for each State ratifying
this Convention or accedes after the deposit of the sixtieth instrument of
ratification or accession, this Convention shall enter into force on the thirtieth day after
deposit of its instrument of ratification or accession.

Third On the day when the Convention enters into force, the Assembly will meet
Office and elect the Council Office. If the provisions of Article 161 can not be
consistently applied, first Council shall be constituted in a manner that is compatible with the purpose
Article 161.

Fourth Rules, regulations and procedures drafted by the Preparatory Commission will
apply provisionally pending their formal adoption by the Authority in accordance with Part XI
.

Fifth The Authority and its organs shall act in accordance with Resolution II
Third United Nations Conference on Law of the Sea relating to preparatory investment and
in accordance with decisions of the Preparatory Commission taken pursuant to that resolution
.


Čl.309 Reservations and exceptions


To this Convention shall be no reservations or exceptions unless expressly
permitted by other articles of this Convention.


Čl.310
Declarations and


Article 309 does not preclude a State, when signing, ratifying
or acceding to this Convention made a declaration or statement
any content or title, inter alia, to harmonize their
legislation with the provisions of this Convention and it provided that
such declarations or statements do not purport to exclude or to modify the legal effect
provisions of this Convention in their application to that State
.


Čl.311
Relationship to other conventions and international agreements

First This Convention is among the States Parties precedence over the Geneva Conventions
Law of the Sea of ​​29 April 1958

Second This Convention shall not alter the rights and obligations of States Parties arising from
other agreements which are compatible with this Convention and which
affect the enjoyment of rights and fulfillment of obligations by other States Parties
under this Convention.

Third Two or more States Parties may conclude agreements modifying or suspending the operation
provisions of this Convention in relations between
them, provided that such agreements do not apply to such
provisions of this Convention, which can not be derogated without
would be incompatible with the effective execution of the object and purpose of the Convention, and
provided further that such agreements shall not prejudice the application
basic principles contained therein, and that the provisions of such agreements do not affect the use
rights or performance of obligations under this Convention
other participating States.

Fourth Participating States intending to conclude an agreement referred to in paragraph
. 3 shall notify the depositary of the Convention through
other participating States its intention to conclude an agreement to amend or
suspension for which it provides.

Fifth This article does not affect international agreements expressly permitted
or preserved by other articles of this Convention.

6th States Parties agree that there shall be no change in the basic
principles relating to the common heritage of mankind set forth in Article 136 and
that they shall not be party to any agreement that would be in derogation thereof.


Čl.312 Changes


First After the expiration of ten years from the date of entry into force of this Convention may
any State Party by written communication addressed to the UN Secretary-General
propose specific amendments to this Convention, except for changes
which would cover activities in the Area and to ask the convening of a conference
which would assess such proposed changes. The Secretary General shall notify
such communication to all States Parties. If within twelve months
on which such notice has been sent, responds favorably to the request
least half of the participating States, convened by Secretary-General
conference.

Second The decision-making used to change conference
will be the same as that applicable at the Third United Nations Conference on the Law of the Sea
if the conference decides otherwise. The conference should make
every effort to reach agreement on any amendments by way of consensus
, and until it is exhausted efforts to achieve it, it should not be
vote.


Čl.313
The amendments adopted by the simplified procedure

First A State Party may, by written notification addressed to the UN Secretary-General
propose an amendment to this Convention, to be adopted
simplified procedure without convening a conference, with the exception of changes
which would cover activities in the Area. Secretary-General shall
communication to all States Parties.

Second If within twelve months of the date on which such notice was sent
, a State Party objects to the proposed amendment
or the proposal for its adoption by the simplified procedure, they are
these changes have been rejected. UN Secretary-General
forthwith notify all States Parties.

Third If after the expiration of twelve months from the date of receipt of such notification
sent, no State Party has objected to the
proposed amendment or to the proposal for its adoption by the simplified procedure
, the proposed amendment shall be accepted.
UN Secretary-General shall notify all States Parties that the proposed amendment has been adopted
.


Čl.314
Amendments to the provisions of this Convention relating exclusively to activities in the Area

First State Party may, by written communication addressed to the General

Office of the Secretary to propose to amend the provisions of this Convention, which
exclusively relate to activities in the Area, including the provisions of Section 4 of Annex VI
. The Secretary General shall circulate such communication to all States Parties.
Proposed amendment after its approval by the Council is subject to approval by the Assembly.
Representatives of States Parties in those organs shall have full powers to consider and approve the proposed amendment
. The proposed amendment as approved by the Council and
Assembly shall be considered adopted.

Second Before approving any amendment under paragraph. 1
provide the Council and the Assembly to change not prejudice the system of exploration and exploitation of resources
areas until the convening of the Review Conference in accordance with Article 155.


Čl.315
Signature, ratification, accession and authentic texts of amendments

First Amendments adopted in accordance with this Convention shall be open for signature
participating States at the UN headquarters after a period of twelve months from the date of receipt
if the amendment itself otherwise noted.

Second Articles 306, 307 and 320 apply to all amendments to this Convention
.


Čl.316
Entry into force of amendments

First Amendments to this Convention, except those listed in paragraph. 5
enter into force for the States Parties ratifying these changes
or acceding to them on the thirtieth day after two-thirds or sixty
participating States, whichever number is greater
deposited instruments of ratification or accession.

Second Changes may provide for its entry into force is required
larger number of ratifications or accessions than required by this Article.

Third For each State Party that ratifies an amendment referred to in paragraph. 1
or acceding after the deposit of the required number of instruments of ratification or accession
, the amendment shall enter into force on the thirtieth day after
deposit of its instrument of ratification or accession.

Fourth A State which becomes a party to this Convention after the entry into force
amendment in accordance with paragraph. 1 shall be deemed failing an expression of different intention:

(A) a party to this Convention as amended; and

(B) a party to the unamended Convention in relation to any local
State which is not bound by the amendment.

Fifth Any amendment relating exclusively to activities in the Area and any amendments to Annex VI
enter into force for all States Parties force
year after three quarters of States Parties have deposited instruments of ratification or accession
.

6th A State which becomes a party to this Convention after the entry into force
changes in accordance with paragraph. 5, is considered to be a party to this Convention as
been changed.


Čl.317 Termination


First A State Party may, by written notification addressed to the UN Secretary-General
denounce this Convention and may indicate its reasons.
Failure to indicate reasons shall not affect the validity of testimony.
The denunciation will enter into force one year after the date on which it was received
notification, unless the notification specifies a later date.

Second Denunciation does not absolve the state of financial and contractual obligations which
took over at a time when he was a party to this Convention, nor shall the denunciation
affect any right, obligation or legal situation of that State
created through the execution of this Convention before ending its
binding on the state.

Third The denunciation shall in no way affect the duty of any
State Party to fulfill any obligation embodied in this Convention
which would be independent of this Convention subject under international law.


Čl.318

Status of Annexes
Annexes are an integral part of this Convention and, unless expressly provided otherwise
, reference to this Convention or to one of their frequent
includes a reference to its annexes.


Čl.319 Custodian


First Depositary of this Convention and amendments thereto Secretary-General of the United Nations.

Second Besides its depositary functions, the Secretary General of the United Nations:

(A) report to all States Parties, the Authority and competent international
organizations on issues of a general nature that have arisen regarding
this Convention;

(B) notify the Authority of ratifications of this Convention and accession thereto, including
amendments thereto, as well as the testimony of this Convention;

(C) notify States Parties of agreements in accordance with Article 311 paragraph. 4;

(D) circulate to States Parties for ratification or accession
amendments adopted in accordance with this Convention;


(E) convene meetings of States Parties, which are necessary in accordance with this Convention
.

Third

(A) The Secretary General shall also submit the information
observers referred to in Article 156:

(I) reports referred to in paragraph 2 (a);

(Ii) the notice referred to in paragraph 2 (b) and (c); and

(Iii) texts of amendments referred to in paragraph 2 (d).

(B) The Secretary General also invite those observers who will attend
as observers at meetings of States Parties referred to in paragraph 2
(e).


Čl.320 Authentic texts


Original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall, with
subject to Article 305, paragraph. 2, be deposited with the UN Secretary General.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto, have signed this Convention
.

DONE AT MONTEGO BAY this tenth day of December one thousand nine hundred and eighty-second
.


Příl.I Highly migratory species

1st Albacore tuna (Thunnus alalunga)
2nd Bluefin tuna (Thunnus thynnus)
3rd Bigeye tuna (Thunnus obesus)
4th Tuna smaller (Katsuwonus pelamis)
5th Yellowfin tuna (Thunnus albacares)
6th Blackfin tuna (Thunnus atlanticus)
7th Tuna:
-
Euthynnus alletteratus - Euthynnus affinis
8th Southern bluefin tuna (Thunnus maccoyii)
9th mackerel:
- Auxis thazard
-
Auxis rochei 10th family pražmovití (Bramidae)
11th marlin:
-
Tetrapturus angustirostris - Tetrapturus belone
-
Tetrapturus Pflueger - Tetrapturus albidus
-
Tetrapturus audax - Tetrapturus George
-
Makaira Mazara - Makaira indica
-
Makaira nigricans 12th marlin:
- Istiophorus platypterus
-
Istiophorus albicans 13th Swordfish (Xiphias gladius)
14th Rohoretka:
- Atlantic saury (Scomberesox saurus)
(Scomberesox saurus scombroides)
- Saira - Cololabis Saira
- Cololabis adocetus
15th Dorada or zlakové:
- purple dolphin / dolphin fish / (Coryphaena hippurus)
- small dolphin fish (Coryphaena equiselis)
16th Shark:
- Shark Grey (Hexanchus griseus)
- Basking shark (Cetorhinus maximus)
- Whale shark (Rhincodon typus)
- Sharks fox / family / (Alopiidae)
- hammerhead shark / family / (Sphyrnidae)
- sharks / family / (Isuridae)
- Carcharhinidae / family /
17th cetaceans / family /:
- vorvaňovití (Physeteridae)
- plejtvákovití (Balaenopteridae)
- whales (Balaenidae)
- whales (Eschrichtiidae)
- monodontidae (Monodontidae)
- vorvaňovcovití (Ziphiidae)
- Delphinidae (Delphinidae)


Příl.II
COMMISSION FOR beyond the continental shelf
Article 1


In accordance with the provisions of Article 76 shall be in accordance with the following Articles
established the Commission on the Limits of the Continental Shelf beyond 200 nautical miles
.
Article 2


First The Commission shall consist of 21 members who are experts in the field
geology, geophysics or hydrography, elected by States Parties from among their citizens
, with due regard to the need to ensure
equitable geographical representation, who
will act ad personam. ^ 5)

Second The first elections to be held as soon as possible, but in any case within
eighteen months after the date of entry into force of this Convention.
Least three months before each election, the Secretary-General of the United Nations
participating States a letter in which it asked to
after appropriate regional consultations, within three months of nominations. The Secretary-General
prepare an alphabetical list of all persons thus nominated and
forward it to all States Parties.

Third Elections of the members of the Commission shall be held at a meeting of States Parties
main UN headquarters convened by the Secretary-General. At this meeting, which
two thirds of States Parties shall constitute a quorum, they will be chosen from those
nominees who obtain a two-thirds majority vote of the representatives present and voting
participating states. For each geographical area
will be elected at least three members.

Fourth Commission members are elected for a term of five years and may be re-elected
.

Fifth State Party which proposed member of the Commission shall defray the expenses related to the activities
member of the Commission. The coastal State shall pay the expenses incurred in connection with
advice referred to in Article 3. 1 (b) of this
Attachments. Secretariat of the Commission shall ensure that the UN Secretary General.
Article 3


First The Commission's functions:


A) consider the data and other material concerning the outer limits
continental shelf in areas where those limits extend beyond 200 nautical miles
submitted by coastal States, and submit recommendations on
accordance with Article 76 and the Statement of Understanding adopted on 29 August 1980
third United Nations conference on the law of the Sea;

B) provide during the preparation of the data referred to in subparagraph (a)
scientific and technical advice, if requested by the coastal State concerned.

Second The Commission may, to the extent that it is considered necessary and useful,
with the Intergovernmental Oceanographic Commission of UNESCO, the International
Hydrographic Organisation and other relevant international organizations
terms of exchanging scientific and technical information that
could assist the Commission in carrying out its duties.
Article 4


Where a coastal State intends to establish, in accordance with Article 76
outer limits of its continental shelf to the sea zone of 200 nautical miles
submit to the Commission detailed particulars of such limits, together with supporting
scientific and technical information, as soon as practicable, but in any case
within 10 years from the entry into force of this Convention for that
state. The coastal State at the same time give the names of any Commission members who had
provide scientific and technical advice.
Article 5


If the Commission decides otherwise, it will work through the Subcommittee
composed of seven members appointed in a balanced view of the special
elements of each submission by a coastal State.
Citizens of the coastal State making the submission who are members of the Commission, and each member
Commission that coastal State by providing scientific and technical consulting
assist in determining the boundaries, they can not be members of the Subcommittee
dealing with this application, but they have a right to participate as members of the Commission
which that request relates. Coastal State
asked the Commission may send its representatives to participate in the proceedings
without voting rights.
Article 6


First Sub-committee submits its recommendations to the Commission.

Second Commission approves the recommendation of the Subcommittee
two-thirds majority of those present and voting members of the Commission.

Third Commission recommendations will be submitted in writing to the coastal State which made the request
, as well as UN Secretary General.
Article 7


Coastal States shall establish the outer limits of the continental shelf in accordance with
provisions of Article 76 par. 8 and in accordance with the relevant national procedures
.
Article 8


If he disagrees coastal State with the recommendations of the Commission shall within a reasonable time
revised or new application.
Article 9


The Commission's work does not interfere with matters that relate
delimitation of boundaries between States with opposite or adjacent coasts.


Příl.III
GENERAL CONDITIONS SEARCH, exploration and production
Article 1


Ownership rights to minerals

Rights to minerals shall pass upon their recovery in accordance with this Convention.
Article 2


Search

First

(A) The Office promotes the search in the area.

(B) The search is performed only after the Authority has received a satisfactory written
commitment that anticipated prospector will comply with this Convention and
under the relevant rules, regulations and procedures of the Authority concerning cooperation
the training programs referred to in Articles 143 and 144 and
protection of the marine environment, and will accept verification by the Authority of compliance
this commitment. Along with the commitment of the estimated prospector Office
approximate boundaries of the part or parts where it has conducted.

(C) In the same part or parts can be conducted simultaneously by more than one prospector
.

Second Search does prospector any rights regarding
resources. A prospector may, however, make the reasonable quantity of minerals to
testing.
Article 3


Exploration and mining

First Enterprise, States Parties and other entities referred to in Article 153.
2 (b) may apply to the Authority for approval of plans of work with respect to activities in the Area
.

Second The enterprise may apply with respect to any part of the area, but
requests of other entities regarding restricted parts must meet other requirements
Article 9 of this Annex.

Third Exploration and exploitation shall be carried out only in components that are used in

Work schedules referred to in Article 153. 3 and approved by
in accordance with the provisions of this Appendix and in accordance with applicable rules, regulations and procedures
Office.

Fourth Every approved plan of work shall:

(A) be in accordance with this Convention and the rules, regulations and procedures
Office;

(B) provide for control by the Authority of activities in the Area in accordance with Article 153, paragraph
. 4;

(C) in accordance with the rules, regulations and procedures of the Authority
operators exclusive rights for exploration and exploitation of certain resources
area covered by the work plan. If the applicant shall submit a plan of work for only
stage of exploration or mining stage, work plan provides exclusive rights
only for this stage.

Fifth With the exception of the work plans submitted by businesses has every plan works
form of a contract concluded between the Authority and the applicant or the applicant.
Article 4

Qualifications of applicants


First Applicants, other than the Enterprise, shall be qualified if they have
nationality or control and sponsorship required by Article 153, paragraph
. 2 (b), and if they follow the procedures and meet the qualification criteria
laid down in the rules, regulations and procedures of the Authority.

Second Except as provided in paragraph. 6, such qualification standards shall relate
financial and technical capabilities of the applicant and its compliance with all
previous contracts with the Authority.

Third Each applicant must be by the State Party, which is
national unless the applicant has more than one nationality
nationality, as in the case of joint ventures or consortia
entities from several States; In this case, they propose request
all concerned States Parties. If the applicant is under the effective control
another participating State other than the State of which he is a national
or nationals of that State Party propose request
both participating States. The rules, regulations and procedures
establishes the criteria and procedures for implementation of the design.

Fourth The sponsoring State or States shall, pursuant to Article 139 of the responsibility for that
within their legal systems, that a contractor so sponsored
will carry out activities in the Area in accordance with the provisions of the contract and
in accordance with their obligations under this Convention. The sponsoring State
is not liable for damage caused by the contractor, who suggested
however failed to fulfill obligations if that State Party has adopted legal provisions and did
administrative measures which are within its legal
system, reasonably appropriate for securing the fulfillment of obligations
persons under its jurisdiction.

Fifth Procedures for assessing the qualifications of States Parties which are
applicants shall take into account their character as States.

6th Qualifying criteria require that every applicant, without exception
part of his application vowed:

(A) accept as enforceable and comply with the obligations arising from
provisions of Part XI, the rules, regulations and procedures of the Authority, the decisions
organs of the Authority and terms of his contracts with the Authority;

(B) accept control by the Authority of activities in the area as it empowers
to this Convention;

(C) provide the Authority with a written assurance that faithfully fulfill its obligations under the contract
;

(D) comply with the provisions on transfer of technology contained in Article 5 of this
Attachments.
Article 5

Transfer of technology


First When submitting a work plan, each applicant shall provide the Office
general description of the equipment and methods to be used in carrying out activities in
areas, as well as other relevant information, which is not subject
intellectual property, the nature of such technologies and information
about where such technology is feasible.

Second Every operator shall inform the Authority of revisions in the description and information provided under paragraph
. 1 whenever a substantial
technological change or innovation.

Third Every contract for carrying out activities in areas containing these commitments contractor
:

(A) whenever the Authority so requests, provide a fair and reasonable
commercial terms and conditions of business technology, which uses
carrying out activities in the Area under the contract and for which the transfer is authorized
. This is done by means of licenses or other
appropriate arrangements which the contractor shall negotiate with the Enterprise and which shall be

Forth in a specific agreement supplementary to the contract. This undertaking may be
invoked only if the Enterprise finds that it is unable
fair and reasonable commercial terms and conditions
obtain the same or equally efficient and useful technology on the open market;

(B) obtain a written assurance from the owner of any technology
used in carrying out activities in the Area under the contract, which is not
generally available on the open market and which is not covered by subparagraph.
(A) that whenever the Authority so requests, the owner of such technology provides
businesses in the same extent that it was available to the contractor, and it
under license or other appropriate arrangements and on fair
and reasonable commercial terms and conditions. If the contractor fails to provide
such assurances can not use the technology in question
in the implementation of activities in the Area;

(C) whenever the company requests, and if this can be done without significant
cost to the contractor, acquired by an enforceable contract
from the owner the legal right to transfer any technology that uses
contractor at implementation of activities in the Area and which is not generally
available on the open market on the company if its conversion is not
contractor is otherwise entitled. If there is a substantial corporate relationship
between the contractor and the owner of the technology, the closeness of this relationship and
degree of control or influence shall be relevant for determining whether the
taken all available measures to acquire such a right.
Where the contractor exercises effective control over the owner, is considered
Acquiring the legal right of the owner
considered relevant to the contractor's qualification for any subsequent work plan designed to
approval;

(D) to facilitate the Company at its request, the acquisition of any technology covered by subparagraph
. (B) on the basis of licenses or other
appropriate arrangements and on fair and reasonable commercial terms and conditions
which now decides to negotiate directly with the owner
technology;

(E) take the same measures as are prescribed in subparagraph. (A), (b)
(c) and (d) in favor of developing State or group of developing States
who applied for a contract under Article 9 of this Annex, provided that such measures
they will be limited to mining in the proposed work
contractor, which was reserved under Article 8 of this Annex, and
provided that the activities under the contract sought by
developing country or a group of developing countries, will involve the transfer of technology
third State or third country nationals.
An obligation under this provision shall apply with respect to any given contractor where technology
company has not requested or that contractor to the Company not transferred.

Fourth Disputes concerning undertakings required by paragraph. 3, as well as other
provisions of the contracts, subject to the obligatory
settlement of disputes in accordance with Part XI and, in cases of violation of these obligations can be
order the suspension or termination of
contract or impose monetary penalties, as provided for in Article 18 of this Annex.
Disputes about whether the offer made by the contractor shall, within the limits of fair and
reasonable commercial terms and conditions, can either party
submit to binding commercial arbitration in accordance with the UNCITRAL Arbitration Rules
or in accordance with other arbitration rules, which can be
laid down in the rules, regulations and procedures of the Authority. If found
that the offer made by the contractor is not within
fair and reasonable commercial terms and conditions, provide to the contractor 45 days to
revise its offer so that it pointed to these limits before the Office
take any measures in accordance with Article 18 of this Annex.

Fifth Unless the company can obtain the appropriate technology on fair and
reasonable commercial terms and conditions in order to make a timely launch
mining and processing of minerals from the Area, either the Council or the Assembly may convene a group
those States Parties, that perform or propose
entities conducting activities in the Area and other States parties,
having access to such technology. This group shall advise
and take effective measures to ensure that this technology will be provided
Enterprise on fair and reasonable commercial terms and conditions
. Each such State Party shall take this

Purpose all available measures under its own legal system
.

6th In the case of joint ventures with the Enterprise, transfer of technology
carried out in accordance with the terms of the joint venture.

7th The undertakings required by paragraph. 3 are included in each contract for
undertaken in the field for 10 years after the commencement of commercial production
Enterprise, and at this time they can reach you.

8th For the purposes of this article, "technology" means the specialized
equipment and technical know-how, including manuals, designs, operating
instructions, training and technical advice and assistance that is necessary for
assemble, maintain and operate a viable system and the legal right
use these items for that purpose on a non-exclusive basis.
Article 6


Approving work plans

First Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority
for consideration proposed plans of work.

Second When assessing an application for approval of a plan of work in the form of a contract
Authority shall first ascertain whether:

(A) the applicant has complied with the procedure laid down for the application in accordance with Article 4 of this Annex
and whether the authorities have undertaken to give assurances required by that article
. In cases of non-compliance with these procedures or in the absence
any of these undertakings and assurances, the applicant
45 days to remedy these defects;

(B) the applicant possesses the requisite qualifications under Article 4 of this Annex.

Third All submitted work plans are processed in the order they were received
. The proposed plans of work shall comply with and abide by
relevant provisions of this Convention and the rules, regulations and procedures
Authority, including those on operational requirements, financial contributions and
obligations regarding the transfer of technology. If
submitted work plans meet these requirements, the Authority shall approve for
provided they are uniform and non-discriminatory requirements
established rules, regulations and procedures of the Authority, unless:

(A) part or all of the area covered by the proposed plan of work are
included in an approved plan of work or a previously submitted
draft work plan, which the Office yet definitively settled the;
And

(B) part or all of the area covered by the proposed plan of work was
by the Authority pursuant to Article 162, paragraph. 2 (x);

(C) the proposed plan of work has been submitted or proposed
participating State, which already holds:

(I) plans of work for exploration and exploitation of polymetallic nodules in non-reserved areas
which, together with any portion of the part
mentioned in the plan of work overlap in area 30%
circular area of ​​between 400 000 km2, which should be centered in any part
Areas concerning the submission of a plan of work;

(Ii) plans of work for exploration and exploitation of polymetallic nodules in non-reserved
areas which, taken together, constitute 2% of the area
seabed, which is not reserved or disapproved for exploitation pursuant to Article 162
Sec. 2 (x).

Fourth For the purpose of the criteria contained in paragraph. 3 (c) the work plan submitted
community or consortium counts on a mutual basis between
concerned proposing the States Parties under Article 4, paragraph.
2 of this Annex. The Authority may approve plans of work covered by paragraph. 3 (c)
if it determines that such approval would not permit a State Party
or entities sponsored by it to monopolize the conduct of activities in the Area
or to preclude other States Parties from activities in the area.

Fifth Notwithstanding paragraph. 3 (a), the Authority may, after the expiration of the interim period
as provided in Article 151, adopt by means of rules
regulations and procedures other procedures and criteria consistent with this Convention
for deciding which applicants shall have plans of work approved in cases of selection
applicants for a proposed area. These procedures and criteria
ensure approval of plans of work on an equitable and non-discriminatory basis
.
Article 7


Selection of applicants for production authorizations

First Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority
to assess requests for permission to produce
submitted during the immediately preceding period. If it can
approved all such requests without exceeding the production limitation or

Breach of the obligations of the Authority under a commodity agreement or arrangement to which it
become a party, as provided in Article 151, the Office shall issue permission for
which he is required.

Second Where must be between applicants for production authorizations made
choice because of the limitations of production referred to in Article 151, paragraph. 2-7
or because of the obligations of the Authority under a commodity agreement or arrangement to which
become a Party as provided in Article 151, paragraph. 1, the Office
selection on the basis of objective and non-discriminatory criteria
laid down in its rules, regulations and procedures.

Third In applying paragraphs. 2 Authority shall give priority to those applicants who:

(A) give better assurance of performance, taking into account their financial and
technical qualifications and their performance under previously approved plans of work were
if any;

(B) with respect to it, when is scheduled to begin production
provide earlier prospective financial benefits to the Authority;

(C) have already invested the most resources and effort in prospecting and exploration.

Fourth Applicants who are not selected will have priority in subsequent periods
until they receive a production authorization.

Fifth Selection is done with regard to the need to enhance opportunities for all
participating States, irrespective of their social and economic systems or
geographic location so as to avoid discrimination against any State or system
participate in activities in the Area and to avoid
monopolisation of those activities.

6th Requests for production authorizations regarding the reserved areas have
priority whenever the production is carried out on a smaller number of parts than the reserved
unreserved.

7th The decision referred to in this Article shall be made as soon as possible after
each period.
Article 8


Earmarking parts

Each application, other than those submitted by the Company or any other entity
of reserved areas, shall cover a total that may not be
single coherent area, but must be large enough and have sufficient
estimated market value so as to allow two mining
activities. The applicant shall indicate the coordinates dividing the area into two parts
equal estimated commercial value and submit all the data obtained,
in terms of both parts. Without prejudice to the powers of the Office under Article 17 of this
Attachment data on polymetallic nodules to be submitted
shall relate to mapping, sampling, the abundance of nodules and their metal content.
Within 45 days after receiving such data, the Authority shall designate the part that has to be
reserved only for the conduct of activities by the Authority through the Enterprise
or in association with developing States. This designation may be deferred for
additional 45 days if the Authority requests an independent expert to assess
whether all data required by this Article has been submitted.
Marked shall become a reserved part, once approved plan of work for
non-reserved and signed a contract.
Article 9


Activities in reserved areas

First The company gets an opportunity to decide whether it intends to carry
activities in each reserved area. This decision may be made at any time
if the Office receives notification pursuant to paragraph. 4; In this case
now decide within a reasonable time. The enterprise may decide to exploit
such areas in joint ventures with the interested State or entity
.

Second The enterprise may conclude contracts for the implementation of its activities
accordance with Article 12 of Annex IV. It may also enter into joint
enterprises to carry out such activities with any entities that wish
and under Article 153, paragraph. 2 (b) are authorized to perform such activities
. When considering such joint ventures will offer Enterprise
States Parties which are developing States and their nationals
the opportunity of effective participation.

Third The Authority may, in its rules, regulations and procedures, substantive and procedural requirements
conditions and terms of such contracts and joint ventures
.

Fourth Each State Party which is a developing State;
or any natural or legal person, which was designed and is
effectively controlled by it or by another developing State which is a qualified applicant
; or any group of the foregoing
entities; may notify the Authority that it wishes to submit a plan of work by

Article 6 of this Annex with respect to a reserved area.
Work plan will be considered if the company in accordance with paragraph. 1 decides that he does not intend to carry
activities in that area.
Article 10


Preference and priority among applicants

Operator who has an approved plan of work for exploration only, as
stipulated in Article 3. 4 (c) of this Annex, takes precedence and priority
among applicants for a plan of work for mining, in terms of equal parts and resources.
However, such preference or priority may be withdrawn if the operator
performance was not satisfactory.
Article 11



Joint Arrangement
First Contracts may provide for joint arrangements between
contractor and the Authority through the enterprise, in the form of joint
ventures or production, as well as any other form of joint arrangement
which have the same protection against revision, || | suspension or termination as having contracts with the Authority.

Second Contractors entering into such joint arrangements with the Enterprise
may be financially encouraged, as provided for in Article 13 of this Annex
.

Third Companions of the Company in joint ventures responsible for payment
required by Article 13 of this Annex to the extent of their shares in these joint ventures
, with the exception of financial incentives as provided for in that article
determined.
Article 12


Activities conducted by firms

First Work on the implementation by the Company pursuant to Article 153, paragraph. 2 (a)
is governed by the provisions of Part XI, the rules, regulations and procedures of the Authority and its relevant decisions
.

Second Any plan of work submitted by the enterprise must be supported by evidence
supporting its financial and technical capabilities.
Article 13


Financial provisions of the contracts

First In adopting rules, regulations and procedures relating to financial
provisions of the contracts between the Authority and the entities referred to in Article 153, paragraph
. 2 (b), and in negotiating those financial terms in accordance with Part XI
and in accordance with these rules, regulations and procedures of the Authority will manage
following objectives:

(A) to ensure optimum revenues for the Authority from the proceeds of commercial production;

(B) to attract investments and technology to the exploration and exploitation in the Area;

(C) to ensure equality of financial treatment and comparable financial obligations for contractors
;

(D) stimulate on a uniform and non-discriminatory basis contractors to conclude
joint arrangements with the Enterprise and developing States or their nationals
and promote technology transfer and
above mentioned and to support the training of personnel and the Office developing countries;

(E) to enable the firm to engage in sea-bed mining
simultaneously with the entities referred to in Article 153. 2 (b); and

(F) to ensure that financial stimulation contractors under paragraph.
14 or under the provisions of the contracts reviewed in accordance with Article 19 of this
Attachments or under the provisions of Article 11 of this Annex in terms of joint ventures
, resulted in the support of contractors so that they receive
competitive advantage in relation to inland miners.

Second A fee is levied for the administrative cost of processing an application for approval of a plan
work in the form of a contract, which is set at EUR 500
000 USD upon request. The Council will review from time to time fee amount to
ensure that it covers the administrative cost incurred.
If the administrative costs incurred by the Authority in processing an application
less than the fixed fee, the Authority shall refund the difference to the applicant.

Third A contractor shall pay an annual fixed fee of $ 1 million from the date of contract
entry into force. If the approved date of commencement of commercial production is postponed
since issuing the production authorization, in accordance with Article 151
was delayed, the annual fixed fee for
postponement. From the date of commencement of commercial production, the contractor pays
either the production charge or the annual fixed fee
according to which of them is greater.

Fourth Within a year from the commencement of commercial production, the contractor in accordance with paragraph
. 3 chooses to make his financial contribution to the Authority either:

(A) paying a production charge; or

(B) paying a combination of a production charge and a share of net profit.

Fifth

(A) If a contractor chooses to make his financial contribution to the Authority by
paying a production charge only provides this benefit is a percentage of the

Market value of the processed metals produced from the part to which the contract relates
. This percentage shall be as follows:

(I) 1 to 10 of commercial production ............ 5%

(Ii) from 11 year to the end of commercial production ..... 12%.

(B) The market value is the quantity of the processed metals
produced from the polymetallic nodules recovered from, to which
covered by the contract and the average price for those metals during the relevant accounting year
as determined by para. 7 and 8

6th If a contractor chooses to make his financial contribution to the Authority by
paying a combination of production and a share of net income, determined
payments as follows:

(A) The production charge is determined as a percentage of commercial
value determined in accordance with subparagraph. (B) the processed metals produced from
polymetallic nodules recovered from the area covered by the contract
. This percentage shall be as follows:

(I) first period of commercial production .......... 2%

(Ii) second period of commercial production .......... 4%.

If in the second period of commercial production, as defined in subparagraph.
(D), the return on investment in any accounting year as defined in subparagraph
. (M) falls below 15% due to a four percent pay levies
production has in this fiscal year benefit from the production of 2% instead of 4%.

(B) The market value is the quantity of the processed metals
produced from the polymetallic nodules recovered from, to which
covered by the contract and the average price for those metals during the relevant accounting year
as set out in paragraph. 7 and 8

(C)

(I) Percentage of the Office of the net profit is derived from the part of the contractor
net profit, which was achieved by mining resources of the area to which the contract relates
and which is hereinafter called the achieved net profit.

(Ii) Percentage of the Office of the achieved net profit shall be determined in accordance with this incremental scheme
:

Part of net profit Share Office
- In the first period - 2nd period:

portion representing a return on investment which is greater than 0%
but less than 10%: ........... ....... 35% 40% .........

part constituting the return on investment which is 10% or more,
but less than 20% ... ................ 42.5% ....... 50%

portion representing a return on investment which is 20% or more
. ................................ 50% ......... 70%.

(D)

(I) first period of commercial production referred to in subparagraph. (A) and (c)
begins in the first financial year of commercial production and ending in the fiscal year in which
contractor's development costs with interest on the unrecovered portion
will be fully reimbursed its net profit as noted below.
In the first financial year in which it incurred development costs, the costs of development
equal the development costs less cash surplus in that year.
In each subsequent accounting year, unrecovered development costs shall equal
unrecovered development costs at the end of the previous financial year
plus interest thereon at the rate of 10% per annum, plus development costs incurred in the current financial
year and less contractor's cash surplus in the current fiscal year
. The accounting year in which unrecovered development costs
zero for the first time, the accounting year in which the contractor
development costs with interest on the unrecovered portion thereof are fully recovered by his
net profit. The contractor's cash surplus in any accounting year shall
its gross profit decreased operating costs and less his payments to the Authority in accordance with subparagraph
. (C);

(Ii) second period of commercial production will start in the financial year after
end of the first period of commercial production and shall continue until the end
contract.

(E) "Attributable net profit" means the product of the contractor's net profit
ratio of the development costs in the mining sector to the contractor's costs
development. If the contractor engages in mining, transporting polymetallic nodules
and production primarily of three processed metals, namely, cobalt, copper and nickel
, no amount of attributable net profit of less than 25%
contractor's net profit. With the exception of subparagraph. (N)
in all other cases, including those where the contractor engages in mining, transporting
polymetallic nodules and production primarily of four processed metals,
namely, cobalt, copper, manganese and nickel, the Authority may || | rules, regulations and procedures, prescribe appropriate to

Same relationship to each case as the 25% level for three
metals.

(F) "Net Contractor" means the contractor's gross proceeds less
his operating costs and a return on its development costs, as provided in subparagraph
. (J).

(G)

(I) If the contractor engages in mining, transporting polymetallic nodules and production
processed metals, "contractor's gross proceeds"
means the gross revenues from the sale of the processed metals and any other
cash that can reasonably be considered to operations under the contract
in accordance with the financial rules, regulations and procedures.

(Ii) In all cases other than those specified in subparagraph. (G) (i) and
(n) (iii) means "contractor's gross profit" gross revenues from sales
semi-processed metals from the polymetallic nodules recovered from the area
covered by the contract, and any other cash that can be
deemed reasonably attributable to operations under the contract in accordance with
financial rules, regulations and procedures of the Authority.

(H) "Contractor's development costs" means:

(I) all expenses incurred prior to the commencement of commercial production, which
directly related to the development of the productive capacity of the area covered
contract, and operations related thereto; operations under the contract
in all cases except those specified in subparagraph. (N), in accordance with
generally accepted accounting principles, including, inter alia costs
machinery, equipment, ships, processing plant, construction, buildings,
land, roads, prospecting and exploration of covered
contract, research and development, interest, required leases, licenses and fees; and

(Ii) expenditures similar to those mentioned in the previous paragraph
(i) incurred subsequent to the commencement of commercial production and necessary to carry
work plan, with the exception of expenses attributable to operating costs.

(I) Proceeds from disposal of capital assets and the market value of those
capital assets which are no longer required for operations under
contract and which are not sold shall be deducted from the contractor's costs
on developments in the relevant fiscal year. Whenever the these deductions
contractor's development costs, plus an excess
to the contractor's gross proceeds.

(J) The contractor's development costs incurred prior to the termination
commercial production referred to in sub-paragraph. (H) (i) and (n) (iv) shall be ten
equal annual installments from the date of commencement of commercial production.
Contractor's development costs incurred after the commencement of commercial production referred to in subparagraph
. (H) (ii) and (n) (iv) shall be recovered in ten equal annual installments
so as to ensure their complete recovery by the end
contract.

(K) "Contractor's operating costs" means all expenditures incurred
after the commencement of commercial production in the operation of the productive capacity of at
covered by the contract, and operations related thereto;
during operations under the contract in accordance with generally accepted accounting principles
, inter alia, the annual fixed fee or levies
production, whichever is greater, expenditures for wages, salaries, employee benefits
, materials, services, transporting, processing and marketing costs,
interest, utilities, preservation of the marine environment, overhead and administrative costs
directly related to operations under the contract and all
net operating losses carried forward or backward, as noted below.
Net operating losses may be carried forward for two consecutive years
except the last two years of the contract, which can be converted back
the previous two years.

(L) If the contractor engages in mining, transporting
polymetallic nodules and production of processed and semi-processed metals
mean "development costs of the mining sector" that part
contractor's development costs which directly related to the mining resources of
part, covered by the contract, in accordance with generally accepted accounting principles and
financial rules, regulations and procedures of the Authority, inter alia
application fee, annual fixed fee and
, where applicable, costs of prospecting and exploration work, to
covered by the contract, and a portion of research and development costs.

(M) "Return on investment" means in any accounting year
ratio of net profit this year to the development costs of the mining sector.

Development costs of the mining sector for the purposes of this subparagraph
include expenditures on new or replacement equipment in the mining sector
less the original cost of the equipment replaced.

(N) If the contractor engages in mining only:

(I) "achieved net income" means the contractor's entire net profit;

(Ii) "contractor's net profit" is consistent with the definition in subparagraph. (F);

(Iii) "contractor's gross proceeds" means the gross revenues from the sale
polymetallic nodules, and any other monies that could reasonably be considered
to operations under the contract in accordance with the financial
rules, regulations and procedures office;

(Iv) "contractor's development costs" means all expenditures incurred
prior to the commencement of commercial production, as defined in subparagraph. (H) (i) and
all expenditures incurred after the commencement of commercial production, as specified in subparagraph
. (H) (ii), which are directly related to the mining resources of the area to which the contract relates
in accordance with generally accepted accounting principles;

(V) "contractor's operating costs" means the contractor
operating costs, as specified in subparagraph. (K) which are directly related to the mining
resources of the area covered by the contract in conformity with generally accepted accounting principles
;

(Vi) "return on investment" means in any accounting year
ratio of the contractor's net proceeds in that year to the contractor's costs
development. For the purpose of calculating this ratio, the contractor's development costs
include expenditures on new or replacement equipment less the original
cost of the equipment replaced.

(O) The costs referred to in subparagraph. (H), (k), (l) and (n) in respect of interest paid by the contractor
are allowed to the extent and under the circumstances in which
Office under Article 4, paragraph. 1 of this Annex approves the ratio of assets and
liabilities and rates of interest as reasonable, having regard to existing commercial practice
.

(P) The costs referred to in this paragraph shall be construed as including
payments of corporate income taxes or similar charges levied by States
regarding the operations of the contractor.

7th

(A) "Processed metals" in paragraph. 5 and 6, means the metals in
most basic form in which they are customarily traded on international futures markets
. For this purpose the Office in its
financial rules, regulations and procedures, the relevant international terminal market
. Regarding metals, which are not traded on
futures markets, "processed metals" means the metals in the most basic
form in which they are customarily traded in representative
futures.

(B) If the Authority can not otherwise determine the quantity of the processed metals
produced from the polymetallic nodules recovered from, to which the contract relates
as specified in paragraph. 5 (b) and 6 (b)
amount determined by the metal content of the nodules coefficient
metal processing recovery efficiency and other relevant factors, in accordance with
rules, regulations and procedures of the Authority and in conformity with generally accepted accounting principles
.

8th If an international terminal market provides a representative
pricing mechanism for processed metals, polymetallic nodules and
semi-processed metals from the nodules, then the average price on that market.
In all other cases, the Authority, after consulting the contractor provides
reasonable price of the products listed in accordance with paragraph. 9th

9th

(A) All costs, expenditures, proceeds and revenues and all determinations of price and
values ​​given in this article are the result of free market or
futures. Unless there, determined after consultation with the contractor
Office as if they were the result of free market or
transactions, taking into account relevant transactions in other markets.

(B) To ensure compliance with and enforcement of the provisions of this paragraph
governed by the principles of the Office for futures and their
interpretation adopted by the Commission of the Economic and Social Council of the United Nations
multinationals Group of Experts
tax treaty between developing and developed countries, as well as other international organizations
, and lay down in its rules, regulations and procedures
uniform and internationally acceptable accounting rules and procedures, as well as the means of selection
Office
acceptable authorized independent contractor accountants, for the purpose of checking compliance with those
rules, regulations and procedures.


10th In accordance with the financial rules, regulations and procedures of the Authority
contractor reporting such financial data they need to make
determined that compliance with this Article.

11th All costs, expenditures, proceeds and revenues, and all prices and values ​​
mentioned in this Article shall be determined in accordance with generally accepted accounting principles and
financial rules, regulations and procedures of the Authority.

12th Payments to the Authority under paragraph. 5 and 6 shall be made in freely convertible
currencies or currencies which are freely available and effectively usable on
major foreign exchange markets or, at the option of the contractor
equivalents of processed metals at market value .
Market value determined in accordance with paragraph. 5 (b). The freely usable currencies and currencies which are
freely available and effectively usable on the major foreign exchange markets
, in accordance with prevailing international monetary practice defined in the rules, regulations and procedures
Office.

13th All financial obligations of the contractor to the Authority, as well
all fees, costs, expenditures, proceeds and revenues referred to in this article
adjusted by expressing them in constant terms relative to a base year
.

14th The Authority may, with respect to any recommendations the Commission for Economic Planning and
Legal and Technical Commission, adopt rules, regulations and procedures
setting on a uniform and non-discriminatory basis
incentives for contractors to achieve the objectives set out in paragraph. 1st | ||
15th In the event of a dispute between the Authority and the contractor concerning the interpretation or application
financial provisions of the contract by either party to the dispute may submit the dispute
binding commercial arbitration, unless both parties agree to settle the dispute
other means in accordance with Article 188 paragraph. second
Article 14

Transmission of data


First In accordance with the rules, regulations and procedures and in accordance with the terms and conditions
work plan passes operator
Office at intervals determined by the Authority all data which are necessary and important
to effectively exercise the powers and functions of major organs office
regarding part, covered by the plan of work.

Second Passed proprietary data relating to the work to which the plan applies
work may be used only for the purposes set out in this Article
. The data that are necessary for establishing rules, regulations and procedures
Office relating to the protection of the marine environment and safety
cruises are not considered proprietary data.

Third Proprietary data transmitted to the Authority by prospectors, applicants for contracts or contractors
Office shall provide Enterprise or to anyone external
Office; but data on the reserved areas may be granted to a company.
Such data transferred by such persons of the Company shall provide Enterprise
Authority or to anyone external to the Authority.
Article 15

Training programs


The contractor shall draw up practical programs for the training of personnel of the Authority and
developing countries, including the participation of such personnel in all activities in
area that is the subject of the contract in accordance with Article 144 paragraph. 2nd
Article 16


The exclusive right of exploration and exploitation

Pursuant to Part XI and its rules, regulations and procedures prescribed by
Office shall grant the operators the exclusive right to exploration and exploitation in
part, which is covered by the plan work on specific categories
sources, ensure that no other entity not carry out activities related
to other categories of resources in the same area in a way that could
interfere with the operator. The operator has security of tenure
in accordance with Article 153 paragraph. 6th
Article 17


Rules, regulations and procedures

First The Authority shall adopt and uniformly apply rules, regulations and procedures
in accordance with Article 160, paragraph. 2 (f) (ii) and Article 162, paragraph. 2 (a) (ii)
to perform its functions set out in Part XI inter alia, the following matters
:

(A) administrative procedures relating to prospecting, exploration and exploitation in the
Areas;

(B) operation:

(I) the scale member;

(Ii) duration of operations;

(Iii) performance requirements including assurances pursuant to Article 4 paragraph. 6 (c)
this Annex;

(Iv) categories of resources;

(V) renunciation of areas;

(Vi) progress reports;

(Vii) submission of data;

(Viii) inspection and supervision of operations;

(IIx) to prevent interference with other activities in the marine environment;


(X) transfer of rights and obligations by a contractor;

(Xi) procedures for transfer of technology to developing States in accordance with
Article 144 and for their direct participation;

(Xii) mining standards and practices, including those relating
operational safety, conservation of resources and protection of the marine environment;

(Xiii) definition of commercial production;

(Xiv) qualification standards for applicants.

(C) financial matters:

(I) establishment of uniform and non-discriminatory costing and accounting rules
, as well as the method of selection of auditors;

(Ii) the distribution of profits from operations;

(Iii) the incentives referred to in Article 13 of this Annex;

(D) implementation of decisions taken under Article 151, paragraph. 10 and
according to Article 164, paragraph. 2 (d).

Second Rules, regulations and procedures relating to the following points must
fully reflect the objective criteria set out below:

(A) Scope parts:

Office provides a reasonable range of parts for exploration which may be
twice as large as those for exploitation in order to permit intensive exploration operations.
The range of work is calculated to suit the requirements of Article 8 of this Annex on
earmarking parts as well as production requirements
compatible with Article 151 in accordance with the contract provisions, with a view to achieving
state mining technology on the seabed and the appropriate nature
characteristic part. Shall be neither smaller nor larger than necessary
to achieve this purpose.

(B) Duration of operation:

(I) the search was conducted without a time limit;

(Ii) exploration should be sufficiently long to allow
get a thorough overview of a particular component, design and construction of mining equipment for
this episode, design and construction of small and medium-sized processing plants
to verify
mining and processing systems;

(Iii) the duration of exploitation should relate to the economic life
mining project, taking into consideration such factors as the depletion
ore, the useful life of mining equipment and processing
facilities and commercial viability. Exploitation should be long enough
so as to permit commercial extraction of minerals of the area and should include
reasonable time period for construction of mining and processing systems
commercial scale within which it should not require commercial production.
Total duration of exploitation, however, should also be short enough to give
Authority an opportunity to amend the terms and conditions of the plan of work at a time when
considers renewal in accordance with rules, regulations and procedures
received after the approval of the work plan.

(C) performance requirements:

Office requires the operator during the exploration exerted
regular expenses which are reasonably proportionate to the scope of work, covered
work plan and costs that can be expected from an honest operator
which intends to take part in commercial production
time limits set by the Office. The required expenditures should not be
set at a level which would discourage prospective operators with less costly technology
than one that is mostly used. Office
establish a maximum time interval between the conclusion of the survey stage to stage
commencement of mining so as to achieve commercial production. When
determine this interval, the Authority should take into account that the construction
scale mining and processing systems can not be initiated until after the termination
stage exploration stage and started mining. Therefore
interval to bring an area into commercial production should take into account the time
necessary for this construction after the completion of the exploration stage and reasonable allowance should
should be made for unavoidable delays in the construction schedule. Once
reaches commercial production, the Authority will require the operator in
reasonable limits and taking into consideration all relevant factors
to maintain commercial production throughout the period of the work plan.

(D) Categories of resources: In determining the category of resources, taking into account
which may be approved work plan puts Authority, inter alia, focus on these facts
:

(I) that certain resources require the use of similar mining methods; and

(Ii) that some resources can be developed simultaneously without undue
interference between operators developing different resources in the same area.

Nothing in this paragraph shall preclude the Authority approved the work plan

More than one category of resources in the same area to the same applicant.

(E) Waiver parts:

The operator has the right at any time without penalty waive all or part of their
rights to the work, the area covered by the plan of work.

(F) protection of the marine environment:

They will develop rules, regulations and procedures to ensure
effective protection of the marine environment from harmful effects
directly resulting from activities in the area or that
processing of minerals extracted from the mining space ship immediately above this | || place, taking into account the extent to which such harmful effects
directly result from drilling, dredging, coring and excavation and from disposal, dumping
and discharge of sediment, debris and other waste
substances into the marine environment .

(G) Commercial production:

Commercial production shall be deemed to have commenced when the operator
engaged in continuous and extensive mining activity that brings
sufficient quantity of material, it is obvious that the main objective is extensive
production rather than production oriented obtaining information, analysis or testing
equipment or facilities.
Article 18

Penalties


First A contractor's rights under the relevant contract may be suspended or terminated
only in the following cases:

(A) if despite warnings by the Authority conducted his activities
way that leads to serious, persistent and willful violations of the fundamental
terms of the contract, Part XI and the rules, regulations and procedures
Office; or

(B) if the contractor failed to meet a final binding decisions of the dispute settlement
that is the case.

Second In case of breach of contract, not covered by paragraph. 1 (a)
or in lieu of suspension or termination under paragraph. 1 (a) The Authority may
contractor monetary penalties proportionate to the seriousness of the violation.

Third Except for emergency orders under article 162, paragraph. 2 (w)
Authority may not execute a decision involving monetary penalties, suspension or termination
contractor has been given a reasonable opportunity
exhaust legal remedies, which can be used by Parts XI, section 5

Article 19



Revision of contract
First If arisen or are likely to arise
such circumstances that in the opinion of either party to make contract
underprivileged, unenforceable or would be impossible to achieve the goals
specified in the contract or in Part XI, the parties shall enter into negotiations to | || revise it accordingly.

Second Any contract entered into in accordance with Article 153 paragraph.
3 may be revised only with the consent of the parties.
Article 20


The rights and obligations

The rights and obligations arising under a contract may be transferred only with the consent of the Authority
and in accordance with the rules, regulations and procedures.
The Authority shall not unreasonably withhold consent to the transfer if the proposed
transferee is in all respects a qualified applicant and assumes all obligations of the transferor
and obtained a job transfer plan, which
approval is prohibited by Article 6, paragraph . 3 (c) of this Annex.
Article 21

Applicable law


First The contract is governed by the provisions of the contract, the rules, regulations and procedures
Authority, Part XI and other rules of international law
not incompatible with this Convention.

Second Any final decision rendered by a court or tribunal
has jurisdiction under the Convention relating to the rights and obligations of the Authority and
contractor shall be enforceable in the territory of each State Party.

Third No State Party may impose conditions on a contractor that
incompatible with the provisions of Part XI. However, using state laws
environmental regulations or other laws that are stricter than
rules, regulations and procedures laid down under Article 17, paragraph
. 2 (f) of this Annex, on its proposed contractors or
a ship flying its flag, it shall not be deemed inconsistent with Part XI.
Article 22

Responsibility


The contractor is liable for damages resulting from wrongful acts in the conduct
operations, taking into consideration the conduct and omissions
Office that it helped. Similarly, the Authority shall have responsibility for
damage arising out of wrongful acts in the exercise of their powers and

Functions, including violations under article 168, paragraph. 2, while
take into account the actions and omissions by the contractor that helped.
In any case, the responsibility for the actual damage.


Příl.IV

STATUTE OF THE ENTERPRISE Article 1

Objectives


First Enterprise is the organ of the Authority which, under Article 153, paragraph. 2 (a)
directly carry out activities in the Area, transporting, processing and marketing
minerals recovered from the Area.

Second In pursuit of its objectives and in the exercise of its functions, the
Company in accordance with the provisions of this Convention and the rules, regulations and procedures of the Authority
.

Third When using the resources of the Area pursuant to paragraph. 1
progresses Company in accordance with sound commercial principles, subject to the provisions of this Convention
.
Article 2


Relationship to the Authority

First According to Article 170, the Company in accordance with the general principles
of the Assembly and in accordance with the directives of the Council.

Second Venture enjoys autonomy in carrying out its operations, subject to paragraph
. 1st

Third Nothing in this Convention makes Enterprise liable for the acts or obligations of the Authority
Authority liable for the acts or obligations of the Company.
Article 3

Limitation of Liability


Without prejudice to Article 11. 3 of this Annex, no member of the Authority shall
liable for the acts or obligations of the Company solely because of their membership.
Article 4



Company Structure
The company has a Steering Committee, the Director-General and the staff are
necessary to perform its functions.
Article 5

The Steering Committee


First The Steering Committee is composed of 15 members elected by the Assembly in accordance with article 160, paragraph
. 2 (c). When selecting the members of the Committee shall be taken
due regard to the principle of equitable geographical representation. When
nomination of candidates for election to the Management Committee, members of the Office for
mind the need to nominate candidates of the highest levels of knowledge and
qualifications in relevant fields so as to ensure the viability and success
Company.

Second Members of the Steering Committee shall be elected for a term of four years and may be re-elected
, taking due account of the principle of rotation of membership
.

Third Members of the Steering Committee shall remain in office until their successors are elected
. If space becomes a member of the Steering Committee selects
Assembly in accordance with Article 160, paragraph. 2 point. (C)
a new member for the rest of his predecessor's term.

Fourth Members of the Steering Committee has ad personam. ^ 5) In the performance of their duties
not seek or receive instructions from any government or from any other source
. Members of the Office
respect the independent character of the members of the Committee and shall refrain from all attempts to influence any of them
performance of his duties.

Fifth Each member of the Steering Committee shall be paid remuneration from the funds
Company. The amount of remuneration fixed by the Assembly on the recommendation of the Council.

6th Steering committee usually operates in the headquarters of the firm and the
meet as often as required by business venture.

7th Two-thirds of the members of the Committee shall constitute a quorum.

8th Each member of the Management Committee shall have one vote. All questions that
Steering Committee shall be decided by a majority vote of the members of the Steering Committee.
Member shall abstain from voting on an issue that affects its interests.

9th Each member of the Authority may ask the Steering Committee for information that
particularly affects its interests. The board shall endeavor to provide such information
.
Article 6

Powers and functions


Steering Committee manages the business. In accordance with the provisions of this Convention
Steering Committee performs the powers necessary to fulfill the objectives of the Company, including:

(A) election of the chairman from among its members;

(B) to adopt its Rules of Procedure;

(C) to draw up and submit formal written plans of work
Council in accordance with Article 153, paragraph. 3 and Article 162, paragraph. 2 (j);

(D) to develop plans of work and programs for carrying out the activities specified in Article 170
;

(E) prepare and submit to the Council applications for production authorizations in
accordance with Article 151 paragraph. 2-7;

(F) to authorize negotiations concerning the acquisition of technology, including
laid down in Article 5 para. 3 (a), (c) and (d) Annexes III and approval
results of such negotiations;


(G) determining the conditions, and to authorize negotiations, concerning joint ventures and
about other forms of joint arrangements referred to in Articles 9 and 11
Annexes III and approve the results of such negotiations;

(H) to recommend to the Assembly what portion of the net profits of the enterprise
should be retained as its reserves in accordance with Article 160, paragraph. 2 (f) and Article 10
this Annex;

(I) approve the annual budget of the Enterprise;

(J) to authorize the procurement of goods and services in accordance with Article 12.
3 of this Annex;

(K) to submit an annual report to the Council in accordance with Article 9 of this Annex;

(L) to submit to the Council of the Assembly for approval
draft rules relating to organization, management, appointment and dismissal of the staff
Enterprise and to adopt regulations to give effect to such rules
;

(M) to borrow funds and to furnish such collateral or other guarantees
as he decides in accordance with Article 11 paragraph.
2 of this Annex;

(N) to enter into any legal proceedings, agreements and transactions and to take
any other actions in accordance with Article 13 of this Annex;

(About) delegating its powers, which are not exercised by the free
discretion, the Director-General and to its committees, subject to the approval of the Council.
Article 7


Director General and staff of enterprises

First Assembly on the recommendation of a draft Management Committee
elect the CEO of the Company, which is not a member of the Steering Committee.
General Director for a fixed term, which shall not exceed
five years and may be re-elected for another term.

Second The Director General is the legal representative and chief executive officer
Enterprise; He is directly responsible to the Steering Committee for the operations
Enterprise. Responsible for the organization, management, appointment and dismissal of employees
Company in accordance with the rules and regulations referred to in Article 6
(l) of this Annex. Without the right to vote participates in meetings of the Steering Committee
, as well as the Assembly and the Council when dealing with issues concerning
now.

Third During the recruitment and appointment of staff and in the determination of their conditions of service
it is particularly necessary to manage the necessity of securing the highest
level of performance and technical knowledge. Subject to this consideration, it is necessary to properly
ensure that employees are selected on the basis
principle of equitable geographical representation.

Fourth In the performance of their duties, the Director General and staff shall not seek
or receive instructions from any government or from any other source
outside the company. They shall refrain from any action which might reflect on their position as international
officials Enterprise.
Each State Party undertakes to respect the exclusively international character of the responsibilities
General Director and the staff and not to seek them in the discharge of their duties
influence.

Fifth Obligations laid down in Article 168, paragraph. 2 also apply to employees of enterprises
.
Article 8

Head


The company has its principal office in the Office. The enterprise may establish other
offices and facilities in the territory of any State Party with
consent of that State Party.
Article 9


Reports and financial statements

First No later than three months after the end of each financial year submit
Enterprise Council for its consideration an annual report containing certified
final statement on the status of their accounts and at appropriate intervals
Council provides a summary statement of its financial position and statement
profit and loss showing the results of its operations.

Second The enterprise shall publish its annual report and such other reports as it deems appropriate
.

Third All reports and financial statements referred to in this Article shall be
members of the Authority.
Article 10


Distribution of net profit

First Subject to paragraph 3, the Establishment of the Office of payments under Article 13
Annexes III or their equivalent.

Second Based on the recommendations of the Steering Committee of the Assembly, which
portion of the net profit of the Company will be retained as reserves of the Enterprise.
The rest will be transferred to the Authority.

Third During the initial period, businesses need to become self-sufficient
which shall not exceed 10 years from the commencement of commercial production,

Assembly shall exempt the Enterprise from the payments referred to in paragraph. 1 and all of the net profit
Company keeps its reserves.
Article 11

Finance


First Enterprise resources include:

(A) payments received from the Authority in accordance with Article 173, paragraph. 2 (b);

(B) voluntary contributions made by States Parties for the financial
undertaking;

(C) the borrowings of the Company in accordance with the provisions of paragraph. 2 and 3;

(D) income of the Enterprise from its operations;

(E) other funds provided by the companies, which enable it to commence as soon as possible
operate and perform their functions.

Second

(A) the Company has the power to borrow funds and may in its decision
provide collateral or other guarantees.
Before making a public sale of its obligations in the financial markets or currency of any Participating State
company must first obtain the consent of that State Party.
The total amount of borrowings shall be approved on the recommendation of the Steering Committee
Council.

(B) States Parties shall make every reasonable effort to support applications
Enterprise for loans on capital markets and from international financial institutions
.

Third

(A) The company is provided with funds necessary to explore and exploit
one mine site, and to transport, process and market the minerals recovered
him and the nickel, copper, cobalt and manganese to cover their
initial administrative expenses. The amount of remittances and
criteria and factors for its adjustment involves the Preparatory Commission in the draft
rules, regulations and procedures of the Authority.

(B) All States Parties shall
Company uses long-term interest-free loans amount equal to half of the funds referred to in subparagraph
. (A) in accordance with the scale of assessments for the regular budget of the United Nations
force at the time when contributions are provided and adapted
so as to take into account the States which are not members of the United Nations. For debts incurred by the Company
by increases in the second half, all
States Parties shall guarantee in accordance with the same scale.

(C) If the sum of the financial contributions of States Parties is less than
remedies provided by the Company subparagraph. (A), explores
Assembly at its first session, the EUR and the non
resources and attention to the commitment of the participating States in accordance with subparagraph. (A) and (b) and
on the recommendation of the Preparatory Commission adopted by consensus measures to address this shortcoming
.

(D)

(I) Each State Party shall, within 60 days after this Convention enters into force
, or within 30 days after the deposit of its instrument of ratification or
instrument of accession, whichever is later, deposit with the Enterprise
irrevocable, non interest-bearing promissory notes in the amount of the share
such State Party of interest-free loans pursuant to subparagraph. 3 (b).

(Ii) In the earliest practicable time after the entry into force of the Convention
and thereafter at annual or other appropriate intervals
Steering Committee prepares an overview of the scope and timing of the resource requirements for its administrative
expenditure and on the implementation of the enterprise in accordance with
Article 170 and Article 12 of this Annex.

(Iii) On that basis, notify the company through the Office
participating States of their respective shares of the funds in accordance with paragraph. 3 (b)
required for such expenses. Regarding interest loan
Enterprise shall encash such amounts of the promissory notes, which will be needed to cover
provided in the report.

(Iv) Upon receipt of this notification, the participating States in accordance with paragraph
. 3 (b) their respective shares of debt guarantees for the enterprise.

(E)

(I) At the request of the Company Parties may provide
additional debt guarantees in accordance with the scale referred to in subparagraph.
(B).

(Ii) In lieu of debt guarantees, a State Party may provide the Company
allowance equal to that portion of the debts which it would otherwise be subject
warranty.

(F) Repayment of interest-bearing loans shall have priority over the repayment of interest-free loans
. Repayment of interest-free loans shall be in accordance with a schedule
adopted at the Council's recommendation and advice of the Management Committee
Assembly. In exercising this function, the Steering Committee of the Company
governed by the relevant provisions of the rules, regulations and procedures of the Authority;
such rules, regulations and procedures shall take into account the paramount importance that

Ensure the operation of the business and in particular its financial independence.

(G) Funds now offer in freely convertible currencies or
currencies which are freely available and effectively usable on the major foreign exchange markets
. These currencies are defined in the rules, regulations and procedures
Authority in accordance with prevailing international monetary practice
. Except as provided in paragraph. 2, no participating state
maintain or impose restrictions on the holding, use or exchange by the
those of the firm.

(H) "guarantee for the debts" means a promise of a State Party to creditors of the Company
that after he announces that the Company is in default, pay them the amount
financial liabilities of the Company, which is covered by a warranty
which to him in accordance with the relevant scale seems. Procedures for the payment of these obligations
agree with the rules, regulations and procedures.

Fourth Means and business name of the enterprise shall be kept separate from funds and asset
Office. This article shall not prevent the Enterprise from making arrangements with
Authority regarding facilities, personnel and services and arrangements for reimbursement
administrative expenses paid by either on behalf of another.

Fifth The records, books and accounts of the Enterprise, including its annual financial
statements are audited annually by an independent auditor appointed by the Council
.
Article 12

Operation


First The company submits proposals to the Council on the implementation of activities in accordance with Article 170.
These proposals include, in accordance with Article 153, paragraph. 3
formal written plan of work relating to activities in the Area and any other
information and data They may be required from time to time for its appraisal
Legal and technical Commission and approval by the Council.

Second After approval by the Company performs project on the basis of a formal
written plan of work referred to in paragraph. 1st

Third

(A) Unless the Company is available goods and services required for its operation,
can obtain them. To that end, they conclude contracts to bidders who
his call to offer the best combination of quality, price and delivery time
.

(B) If more than one such bargain offer, closes contract:

(I) with due diligence and in accordance with the principle of non-discrimination on the basis
political or other considerations that are unrelated to the operation; and

(Ii) in accordance with guidelines approved by the Council relating
preference to goods and services originating in developing
countries, including landlocked or geographically disadvantaged
.

(C) The Governing board may adopt rules determining the special circumstances
which can be in the best interests of the Company waive the requirement
invitations to bid.

Fourth The enterprise has the right to all minerals and processed substances produced
.

Fifth The firm sells its products on a non-discriminatory basis.
Does not give non-commercial discounts.

6th Without prejudice to any general or specific powers
Enterprise under any other provisions of this Convention, as required
Company exercise such powers incidental to its
activities.

7th Enterprise interfere in the political affairs of any State Party
nor shall it be influenced in its decisions by the political character
State Party concerned.
Its decisions are influenced by commercial considerations undertaken impartially
order to achieve the objectives set out in Article 1 of this Annex.
Article 13


Legal status, privileges and immunities

First To carry out its functions, the Enterprise on the territory of States Parties
legal status and enjoy the privileges and immunities provided in this article.
To perform this principle the enterprise and States Parties
if necessary, enter into special agreements.

Second The enterprise has a legal capacity, which is necessary for the performance of its functions and
carrying out its tasks, in particular the capacity:

(A) enter into contracts, joint or other arrangements, including agreements with
States and international organizations;

(B) to acquire, lease, hold immovable and movable property and dispose of it
;

(C) be a party to legal proceedings.

Third

(A) the Company may sue only in a court of competent jurisdiction in the territory of a State Party
where Enterprise:

(I) has an office or facility;

(Ii) has appointed an agent for the purpose of accepting service or notice of process;


(Iii) has entered into a contract to supply goods or services;

(Iv) has issued securities; or

(V) is otherwise engaged in commercial activity.

(B) The property and assets of the Enterprise, wherever located and held
anyone before the delivery of final judgment against the Enterprise
immune from all forms of seizure, attachment or execution.

Fourth (A) The property and assets of the Enterprise, wherever located and by whomsoever held at
are immune from requisition, confiscation, expropriation
or any other form of seizure by executive or legislative power
.

(B) The property and assets of the Enterprise, wherever located and held
anyone be free from discriminatory restrictions, regulations, controls and moratoria of any
nature.

(C) The Enterprise and its employees shall respect in every state and territory in any
where Enterprise or its employees may do business or otherwise act
local laws and regulations.

(D) States Parties shall ensure that the Enterprise enjoys all rights, privileges and immunities
them to entities conducting commercial activities in their territories
. These rights, privileges and immunities are granted to the Company
basis no less favorable than that which they are accorded to entities engaged in similar
business. If
participating States provide developing States or their commercial entities
special privileges enjoyed Establishment those privileges on a similarly preferential basis
.

(E) Participating States, enterprises can provide special incentives, rights, privileges and immunities
without the obligation to provide such benefits
rights, privileges and immunities to other commercial entities.

Fifth The enterprise shall negotiate with the host countries in which they are located
its offices and facilities, exemption from direct and indirect taxation.

6th Each State Party shall take such measures as are necessary to carry
in this Appendix principles laid down in terms of its legal
order, and shall inform the Enterprise of the specific action which it has taken.

7th The enterprise may waive any of the privileges and immunities provided under
this Article or in the special agreements referred to in paragraph. 1, in
extent and under the conditions laid down.
Příl.V
:


CONCILIATION Section 1
:

Arbitration referred to Section 1 of Part XV
Article 1

Initiation of proceedings


If the parties have agreed, in accordance with Article 284, that
submit the dispute to conciliation under this section, then
, either party may initiate proceedings by written notification to the other party or parties to the dispute
.
Article 2


List of mediators

The UN Secretary General will draw up a list of mediators.
Each State Party shall be entitled to nominate four conciliators, each of whom
a person enjoying the highest reputation for fairness, competence and integrity
. The names of the persons so nominated shall constitute the list.
If it falls in the list so constituted the number of intermediaries
nominated by a State Party under four, then that subscriber
become entitled to make further nominations as necessary. Until the State party
withdrawn mediator appointed by the remains of the name
provider in the list; this intermediary remains a member
any conciliation commission to which he was appointed until the proceedings before this commission
end.
Article 3


Establishment of a conciliation commission

Unless the parties agree otherwise, the Constitution Conciliation Commission as follows:

(A) Subject to subparagraph. (G), the conciliation commission consists of five members
.

(B) the party instituting the proceedings shall appoint two conciliators
chosen preferably from the list referred to in Article 2 of this Annex, one of whom
may be its national, unless the parties agree otherwise.
These provisions will be included in the notification referred to in Article 1 of this
Attachments.

(C) Within 21 days after receiving the notification referred to in Article 1 of this Annex
appoint the other party to the dispute two conciliators in the manner set
subparagraph. (B). If within this period the appointment is not made, the party instituting the proceedings
within one week after the expiry of that period, either terminate the proceedings
notification to the other party, or request the UN Secretary-General
to make the appointment in accordance with subparagraph . (E).


(D) Within thirty days after all four conciliators these
mediators chosen from the list referred to in Article 2 of this Annex
appoint a fifth mediator who will be chairman. If in this period
provisions made, either party may, within one week
after the expiry of that period, request the Secretary-General to
the appointment in accordance with subparagraph. (C).

(E) Within thirty days after receipt of a request under sub-paragraph. (C) or (d) and
after consultation with the Parties the Secretary General of the United Nations needed
provision from the list referred to in Article 2 of this Annex.

(F) Any vacancy shall be filled in the manner prescribed for the initial
provisions.

(G) Two or more parties agree that the same interest
appoint two conciliators jointly. If two or more parties
separate interests or if they agree to take the same
interest shall appoint conciliators separately.

(H) In disputes involving more than two parties having different interests or
agreed that the same interest, the parties
provisions of subparagraph. (A) through (f) to the greatest possible extent.
Article 4



Rules of Procedure
Unless the parties agree otherwise, the Conciliation Commission shall decide its own rules of procedure
. With the consent of the parties, the Board may invite any participating
state orally or in writing to submit their opinions.
Decisions regarding procedural matters, reports and recommendations shall
majority of its members.
Article 5



Friendly settlement
Commission may notify the parties to any measures which might help
amicable settlement of the dispute.
Article 6

The commission


Shall hear the parties, examine their claims and objections, and
submit proposals to the parties aimed at reaching an amicable settlement.
Article 7


Message to

First Within twelve months after its establishment, the Commission shall submit a report. Her
report contains all the agreements reached, and if no agreement was reached
, the Commission's findings on any factual or legal issues
to the matter in dispute and such recommendations, which the Commission considers appropriate
for amicable settlement. The report shall be deposited with the UN Secretary General
which it immediately to the parties to the dispute.

Second The committee's report, including its conclusions and recommendations, not binding on the parties
.
Article 8



Termination of proceedings
The conciliation proceedings are terminated when a settlement has been reached when the parties
written notification addressed to the Secretary General of the United Nations adopted
or one party has rejected the recommendations contained in the report or when
date of handover report to the parties the deadline of three months .
Article 9

Fees and Expenses


Fees and commission expenses borne by the parties to the dispute.
Article 10


Right of the parties to modify the procedure

The parties may amend any provisions of this Annex
agreement applicable solely to that dispute.
Section 2
:

Obligatory submitted to conciliation under section 3 of Part XV
Article 11

Initiation of proceedings


First Any party to the dispute which, in accordance with the provisions of Part XV, Section 3
may be submitted to conciliation under this section,
may by written notification to the other party or parties to the dispute
initiate proceedings.

Second Any party to the dispute, notified under paragraph. 1
is obliged to submit to such proceedings.
Article 12


Failure to reply or refusal to submit to arbitration

Not interfere with the proceedings, if one or more parties to a dispute
did not reply to the notice of initiation or with such
management refused to submit.
Article 13

Jurisdiction


Disagreement as to whether a conciliation commission acting under this section is relevant
decided by the commission.
Article 14


Use Section 1

Articles 2 to 10 of Section 1 of this Appendix shall apply subject to the provisions of this section
.


Příl.VI
STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
Article 1

General


First International Tribunal for the Law of the Sea is constituted and shall function in
accordance with the provisions of this Convention and this Statute.

Second The seat of the Tribunal is in the Free and Hanseatic City of Hamburg in

Federal Republic of Germany.

Third The Tribunal may sit and exercise its functions elsewhere whenever
it deems desirable.

Fourth Reference to the Tribunal shall be governed by the provisions of Parts XI and XV.
Section 1
:


ORGANISATION OF THE TRIBUNAL Article 2

Composition


First The Tribunal is composed of 21 independent members, elected from among persons who
enjoying the highest reputation for fairness and integrity and of recognized competence
in the field of maritime law.

Second In the Tribunal as a whole will ensure the representation of the principal legal systems of the world
and equitable geographical distribution.
Article 3

Membership


First The Tribunal must not be more than one national of the same State. If
terms of membership in the Tribunal, and the person who could be considered
member of more than one State shall be deemed to be a member of
state where ordinarily exercises civil and political rights.

Second At least three members from each geographical group as such
groups established by the General Assembly of the UN.
Article 4


Nomination of candidates and elections

First Each State Party may nominate not more than two persons
having the qualifications prescribed in Article 2 of this Annex.
Tribunal members are elected from a list of persons thus nominated.

Second At least three months before election day UN Secretary General
at the first election and the Secretary of the Tribunal at the next election
writing invite participating States to two months to submit their nominations of members of the Tribunal.
Prepare an alphabetical list of all persons thus nominated, indicating
States Parties which have nominated them, and before the seventh day of the last
months before each election shall submit it to the States Parties.

Third The first election will be held within six months from the date of entry into force of this Convention
force.

Fourth Members of the Court shall be elected by secret ballot. Elections are held at
meeting of States Parties convened by the UN Secretary General for the first
election and at the next election procedure agreed by the participating States.
Two thirds of States Parties shall constitute a quorum at that meeting. Do Tribunal
Those candidates who get the highest number of votes and
two-thirds majority of those present and voting
participating States, provided that such majority includes a majority
participating States.
Article 5


Term

First Members of the Tribunal shall be elected for nine years and may be re-elected;
However, the term of office expires seven members elected on the first ballot with
end of three years and seven other members elected on the first ballot with
end of the sixth year.

Second The members of the Tribunal whose terms are to expire after three and six years after
, as mentioned above, draws
UN Secretary-General immediately after the first election.

Third Tribunal members hold their office until their places
occupied. But even after they were replaced, complete all proceedings that
prior to the date of their replacement.

Fourth The resignation of a member of the Tribunal of its functions, it shall notify by letter to the President of the Court
. Instead uprazdňuje the receipt of that letter.
Article 6

Vacancies


First Vacancies shall be filled in the same manner as in the first election
subject to the following provisions: a month after the occurrence of the vacancy, the Secretary shall circulate
challenges set out in Article 4 of this Annex;
election day, the President shall Tribunal after consultation with the States.

Second A member of the Court who was elected to replace a member whose term of office has not expired
hold office for the remainder of the term of his predecessor
.
Article 7


Incompatible activities

First No member of the Tribunal may exercise any political or administrative function
or are in active connection or be financially interested
on any operations of any enterprise which is engaged in the exploration or exploitation of resources
sea or the seabed or other commercial exploitation
sea or the seabed.

Second No member of the Tribunal shall in no case act as agent,
counsel or advocate.

Third Any doubt on these matters will be decided by a majority of the other members present
Court.
Article 8


Conditions relating to participation of members of the Tribunal in a particular matter


First No member of the Tribunal may participate in the decision in any case in which
previously taken part as agent, counsel or
some parties or as a member of a national or international court or tribunal
or in any other capacity.

Second If a member of the Tribunal for some special reason considers that
should not take part in decision-making in a particular case, it shall inform the President of the Court
.

Third Believes if the President determines that any of the members of the Court, for some strange reason
not sit in a particular case, warns him about it.

Fourth Any doubt on these matters will be decided by a majority of the other members present
Court.
Article 9


The consequence, when a member of the Tribunal ceases to meet the conditions

If, in the unanimous opinion of the other members of the Tribunal ceases
a member to fulfill the required conditions, President of the Court
declare the seat vacant.
Article 10


Diplomatic privileges and immunities

In the exercise of their functions, the members of the Tribunal
diplomatic privileges and immunities.
Article 11


Ceremonial declaration of members

Every member of the Tribunal, before taking up his duties, solemnly declare
public session that he will exercise his powers impartially and conscientiously
.
Article 12


Chairman, Vice Chairman and Secretary

First The Tribunal shall elect for three years, its chairman and vice-chairman;
may be re-elected.

Second The Tribunal shall appoint its Registrar and may arrange for the appointment
other officers as may be necessary.

Third Chairman and Secretary reside at the seat of the Court.
Article 13

Quorum


First They sit all the members of the Court who are on hand. The establishment of the Tribunal
requires a quorum of eleven elected members.

Second Subject to the provisions of Article 17 of this Annex, the Tribunal will determine who
members are available to constitute the Tribunal for consideration of a particular
dispute with regard to the effective functioning of the chambers as provided for in Articles 14 and 15
this Annex.

Third Tribunal hear and decide all disputes and claims that he will
submitted, unless Article 14 of this Annex, or if the parties have requested
to do with it in accordance with Article 15 of this Annex.
Article 14


Chamber Disputes seabed

In accordance with the provisions of Section 4 of this Annex will be established for
Chamber of disputes relating to the seabed. Its jurisdiction, powers and functions
are set out in Part XI, Section 5
Article 15


Special Chamber

First Tribunal may form such chambers, composed of three or more of its elected
members, as it considers necessary for dealing with particular categories of disputes
.

Second The Tribunal shall form a chamber to deal with a particular dispute that had been submitted
if the parties so request. The composition of such a chamber shall determine
Tribunal with the consent of the parties.

Third In the interest of quick disposal of cases each year, the Tribunal formed
chamber composed of five of its members which may hear and determine disputes
in summary proceedings. They selected two substitute members to replace
members who could not participate in a particular proceeding.

Fourth Disputes shall be heard and determined by the chambers provided for in this
article if the parties so request.

Fifth The judgment of any of the chambers of formed pursuant to this Article and Article 14
this Annex is considered as rendered by the Court.
Article 16

Court Rules


The Tribunal shall frame rules for carrying out its functions.
Provides in particular its rules of procedure.
Article 17


Nationality members

First Tribunal members who are nationals of either of
parties to the dispute shall retain their right to participate as members of the Tribunal.

Second When sitting in the Court when hearing a dispute as a judge member who
is a national of one of the parties may have any other party in the dispute
designate a person to participate as a member of the Tribunal.

Third When not in session, the General Court when hearing a dispute as a judge member
which would be a national party, we can each of those parties
designate a person to participate as a member of the Tribunal.

Fourth The provisions of this Article shall apply to the chambers referred to in Articles 14 and 15

This Annex. In such cases, the President, after consultation with the parties so intended
members of the Tribunal forming the chamber, how many of them will need
to give place to those members of the Court who are nationals
parties concerned, and unless there
or can not attend, the members specially chosen by the parties.

Fifth If there are several parties in the same interest, then
for the purpose of the preceding provisions, be considered as one party only.
Any doubt on this issue decided by the Tribunal.

6th Members chosen in accordance with paragraph. 2, 3 and 4 must meet the conditions
required by Articles 2, 8 and 11 of this Annex. Participate in the decisions
complete equality with their colleagues.
Article 18

Remuneration


First Each elected member of the Tribunal and receives an annual salary for each day in
which he exercises his functions, a special allowance; the total amount
extra charge payable in each year to each member
exceed the amount of annual salary.

Second The President shall receive a special annual allowance.

Third Vice Chairman shall receive a special allowance for each day on which he acts as Chairman
.

Fourth The members chosen under Article 17 of this Annex, other than elected
members of the Tribunal, shall receive compensation for each day on which they exercise their functions
.

Fifth The salaries, allowances and compensation shall be determined from time to time in the meeting
participating States, taking into account the workload
Court. During the term they can not be reduced.

6th Salary Secretary of the Tribunal's proposal states participating in the meeting
States.

7th Regulations adopted at meetings of States Parties shall determine the conditions under which
members of the Court and the Secretary-retirement pensions,
and the conditions under which members of the Tribunal and the Registrar shall have their traveling expenses
.

8th The salaries, allowances and compensation shall be exempt from all taxes
.
Article 19



Court Costs
First Court costs borne by the States Parties and the Authority, and subject to the conditions and
way will be decided at a meeting of States Parties.

Second If a party to a case submitted to the Court
entity other than a State Party or the Authority, the Tribunal shall determine the amount that would
party will contribute to covering the costs of the Tribunal.
Section 2
:
JURISDICTION

Article 20



Access to Court
First Access to the Tribunal participating States.

Second Entities other than States Parties have access to the Court in a dispute
expressly provided for in Part XI or submitted under any other
agreement conferring jurisdiction on the Court, if this jurisdiction
accepted by all parties.
Article 21

Jurisdiction


Jurisdiction of the Court applies to all disputes and applications submitted
in accordance with this Convention and all matters specifically provided for in
any other agreement which confers jurisdiction on the Tribunal.
Article 22


Assignment disputes under other agreements

If this is agreed by all parties to a treaty or convention
which is already in force and relates to matters covered by this Convention
can be any dispute concerning the interpretation or application of such treaty or convention submitted
tribunal in accordance with the agreement.
Article 23

Applicable law


The Tribunal shall decide all disputes and claims in accordance with Article 293.
Section 3
:


MANAGEMENT Article 24

Initiation of proceedings


First Disputes shall be submitted to the General Court under the circumstances, either
notification of a special agreement or by written application, addressed to the Secretary. In both cases
will be given the subject matter, as well as his party.

Second Secretary shall promptly notify the special agreement or action
all concerned parties.

Third The Registrar shall also notify all States Parties.
Article 25

Precautionary measures


First In accordance with Article 290 of the Tribunal and have a chamber for disputes concerning
seabed jurisdiction to grant interim measures.

Second If the Tribunal is not in session, or if not at hand
sufficient number of members to constitute a quorum, ordering interim measures
Chamber for summary procedure formed under Article 15. 3 of this Annex. With
Subject to Article 15, paragraph. 4 of this Annex may be the preliminary

Measures taken at the request of any party.
Precautionary measures will be subject to review and revision by the Tribunal.
Article 26

The trial


First Trial directed by the President, or is unable to preside, the Vice Chairman.
If he can not preside over any of them, present chaired by the most senior judge
.

Second The hearing shall be public unless the Tribunal decides otherwise or unless
parties demand that the public be excluded.
Article 27

Case Management


Tribunal issued a regulation on the management of the case, decide the form and time in
which each party must conclude its arguments, and make all
measures related to the taking of evidence.
Article 28

Failure to appear


Fails if one of the parties before the Tribunal or her at all
tenderness, then the other party may request the Tribunal to continue
proceedings and to render a decision. Absence of a party or its re nehájení
not hinder the proceedings. Before making its decision, the Tribunal must
satisfy itself not only that it has jurisdiction over the dispute but also
that the claim is factually and legally justified.
Article 29


Most admission decisions

First All questions shall be decided by a majority of members present
Court.

Second In the event of a tie, the vote of the Chairman or the member
Tribunal who acts in his place.
Article 30

Judgment


First The judgment shall state the reasons on which it is based.

Second The judgment contains the names of the members of the Court who attended
decisions.

Third If a judgment does not represent in whole or in part the unanimous opinion of the Court
members, then each member of the Tribunal has the right to join him
separate opinion.

Fourth The judgment signed by the Chairman and Secretary. Announces a public meeting
after they had been duly notified by the parties.
Article 31


Request to intervene

First If a State Party considers that the decision in any dispute
could be affected by any legal interest may apply
Tribunal for permission to intervene.

Second Tribunal's decision on this matter.

Third If a request to intervene is granted, the decision of the dispute
Court for the State party entering into a binding management
regarding matters in which the State Party to intervene
entered.
Article 32


Right to intervene in cases of interpretation or application

First Whenever the interpretation or application of this Convention, it shall notify the Secretary
immediately to all States Parties.

Second Whenever the interpretation or application of an international agreement by
Article 21 or 22 of this Annex, it shall notify the Secretary
notify all parties to this Agreement.

Third Every party referred to in paragraph. 1 and 2 has the right to intervene;
If it uses this right, the interpretation of the judgment will be equally binding
.
Article 33


Finality and binding force of decisions

First Tribunal's decision is final and all parties to the dispute
he obeys.

Second The decision of a particular dispute is binding only on the parties to this dispute
.

Third If there is a dispute about the meaning or scope of the decision, the General Court lays
at the request of any party.
Article 34

Expenses


Each party shall bear its own costs, unless the Tribunal decides otherwise.
Section 4
:

CHAMBER Disputes seabed
Article 35


Composition Chamber

First Chamber for disputes relating to the seabed, mentioned in Article 14 of this
annexes, is composed of eleven members selected by a majority of elected members
Court from among its members.

Second When selecting the members of the Chamber will ensure the representation of the principal legal systems of the world
and equitable geographical distribution.
Assembly of the Authority may adopt general recommendations relating to such representation and distribution
.

Third Members of the Chamber shall be selected every three years and may be selected for a second term
.

Fourth The Chamber shall elect from among its members a chairman, who operates the function
period for which the Chamber has been selected.

Fifth If at the end of three years, at which the chamber selected
proceedings are still in progress, completed by the Chamber these proceedings in its original composition
.


6th If a vacancy occurs in the Chamber, the Tribunal selects a successor from among its
elected members, who shall hold office for the remainder of the term of office of his predecessor
.

7th The establishment of the Chamber is required quorum of seven members
Court.
Article 36


Comoros ad hoc

First To discuss any dispute submitted to it in accordance with Article 188, paragraph
. 1 (b), the Chamber for disputes relating to the seabed creates an ad hoc chamber
composed of three of its members. The composition of this chamber provides chamber
disputes relating to the seabed with the consent of the parties.

Second If the parties do not agree with the composition of the ad hoc chamber, each party shall appoint one member
dispute and the third member will be appointed by them by agreement.
If they disagree, or fails if any party appointment, after consultation with the parties
makes the appointment or appointments promptly
Chairman of the Chamber for disputes relating to the seabed from among its members.

Third Members of the ad hoc chamber must not be in the service of, or be nationals
members of any of the parties.
Article 37

Access


Access to the Chamber, all States Parties, Office and other entities
set out in Part XI, Section 5
Article 38

Applicable law


In addition to the provisions of Article 293 of the chamber uses:

(A) the rules, regulations and procedures of the Authority adopted in accordance with this Convention
; and

(B) provisions of contracts concerning activities in the Area in
matters relating to these contracts.
Article 39


Enforcement Chamber

The decision of the Chamber shall be enforceable in the territory of States Parties
same manner as judgments or orders of the highest court of
subscriber State in whose territory the enforcement is sought.
Article 40


Using other sections of this Annex

First At the Chamber apply other sections of this Annex which is not
inconsistent with this section.

Second In the exercise of its functions relating to advisory opinions, the Chamber
governed by the provisions of this Annex, which are applicable to proceedings before the Court,
the extent that it deems applicable.
Section 5
:
CHANGES

Article 41

Changes


First Amendments to this Annex, other than amendments, section 4, may be adopted only in
accordance with Article 313 or by consensus at a conference convened in accordance with this Convention
.

Second Changes to Section 4 of this Annex may be adopted only in accordance with Article 314.


Third The Tribunal may propose such amendments to this Statute, which it considers
necessary, through written communications to the States Parties so that
of them could be treated in accordance with paragraphs 1 and 2.


Příl.VII ARBITRATION

Article 1

Initiation of proceedings


Subject to the provisions of Part XV, any party to the dispute
written notification to the other party or parties to the dispute submit the dispute to arbitration
set out in this Appendix. The proposal and its justification
joins the announcement.
Article 2


List of arbitrators

First UN Secretary-General shall compile and maintain a list of arbitrators.
Each State Party shall be entitled to nominate four arbitrators, each of which is
person skilled in the law of the sea and enjoying the highest reputation
for fairness, competence and integrity. The names of the persons so nominated shall constitute
list.

Second If at any time following the completed list of arbitrators nominated by a State Party under
four, then that State Party shall be entitled
perform other necessary appointments.

Third Until the State party withdraws the arbitrator appointed remains
the name of the arbitrator on the list; the arbitrator remains a member
any arbitral tribunal to which he was appointed until
proceedings before this tribunal is over.
Article 3

The establishment of the arbitration tribunal


Unless the parties agree otherwise, the arbitral tribunal shall establish the following:

(A) Subject to subparagraph. (G), the arbitral tribunal shall consist of five members
.

(B) the party instituting the proceedings shall appoint one member selected
preferably from the list referred to in Article 2 of this Annex, who may be its national
. These provisions will be included in the notice
mentioned in Article 1 of this Annex.

(C) Within thirty days after receipt of the notification referred to in Article 1 of this
Attachments appoint the other party to the dispute one member selected priority

From the list referred to in Article 2 of this Annex, who may be its national
. If within this period the provisions implemented, it may
party instituting the proceedings within two weeks after the expiration of that period, request
that the appointment be made in accordance with subparagraph. (E).

(D) The other three members shall be appointed by agreement of the parties.
Unless the parties agree otherwise, be chosen preferably from the list referred to in Article 2
this Annex and shall be nationals of third countries.
Parties to the dispute shall appoint three members of the President of the arbitral tribunal. If
parties within sixty days after receipt of the notification referred to in Article 1 of this
Annexes to reach agreement on the appointment of one or more members
tribunal to be appointed by agreement, or by appointment of the President, then
upon request one of the parties implement the other provisions in accordance with subparagraph
. (E). Such a request may be made within two weeks after
abovementioned period.

(E) Unless the parties agree that any provisions under subparagraph.
(C) and (d) has been carried out by a person or a third country, which would be selected
parties make the necessary provisions
President of the International Tribunal for the Law of the Sea. If the President is unable to act under this subparagraph or
is a national of one of the parties, the appointments
next senior member of the International Tribunal for the Law of the Sea
who is available and is not a national || | one of the parties. The provisions mentioned in this paragraph shall, after consultation with the parties
carried from the list referred to in Article 2 of this Annex
within thirty days after receipt of the request. The members so appointed shall have
different nationalities and may not be in the service of any of the parties to the dispute
not have permanent residence in its territory, nor are its nationals
members.

(F) Any vacancy shall be filled in the manner prescribed for the initial
provisions.

(G) Parties in the same interest shall appoint one member
tribunal jointly by agreement. If several parties have separate interests or
unless the parties agree that the same interest,
appoint each one member of the tribunal.
Number of members of the tribunal established by the parties separately is always one less than the number of members
tribunal to be appointed jointly by the parties.

(H) In disputes involving more than two parties, the provisions of subparagraph.
(A) to (f) shall apply to the maximum extent possible.
Article 4

The arbitral tribunal


Arbitral tribunal constituted under Article 3 of this Annex
operates in accordance with this Appendix and in accordance with other provisions of this Convention.
Article 5



Rules of Procedure
Unless the parties agree otherwise, the arbitral tribunal shall determine its own rules of procedure
, assuring to each party a full opportunity to be heard and to present its case
.
Article 6


Obligations of the parties to the dispute

In accordance with its laws and using all means at their disposal
, the parties shall facilitate the work of the arbitral tribunal, especially
:

(A) provide it with all relevant documents, facilities and information; and

(B) enable it when necessary to call witnesses or experts and receive their evidence
and visit places where the case.
Article 7

Expenses


If the arbitral tribunal with regard to the particular circumstances of the case
decides otherwise, the expenses of the tribunal, including the remuneration of its
members equally by the parties.
Article 8


Majority required to adopt the decision

The arbitral tribunal shall take decisions by majority vote of its members.
If less than half of the members is absent or abstain if a vote
not to interfere with the decision. In case of equality
chairman has the casting vote.
Article 9

Failure to appear


Fails if one of the parties before the arbitral tribunal or its
at all tenderness, the other party may request the tribunal to
continue the proceedings and make its award. Absence of a party or its re
nehájení not hinder the proceedings. Before making its award
arbitral tribunal must satisfy itself not only that it is appropriate for
dispute but also that the claim is factually and legally justified
.
Article 10


Opinion


Award of the arbitral tribunal shall be confined to the subject of the dispute is justified.
It contains the names of members who have participated and the date of the award.
Any member of the tribunal may attach a separate or
divergent opinion.
Article 11



Finality of verdict
If the parties to the dispute have agreed in advance to an appellate procedure, the verdict
final and irrevocable. All parties are obliged to submit his
.
Article 12


Interpretation and implementation of the verdict

First Any dispute concerning the interpretation or application of the statement
tribunal that might arise between the parties to the dispute
may be submitted by either party to an arbitral tribunal which statement
earned. To this end, every vacancy in the tribunal
busy manner prescribed for the original appointments of members of the tribunal.

Second By agreement of the parties may be, any such dispute
submitted to another court or tribunal under Article 287.
Article 13


Application to entities other than States Parties

The provisions of this Appendix shall apply mutatis mutandis ^ 1) any dispute
which relates to any party other than the participating States.


Příl.VIII SPECIAL ARBITRATION

Article 1

Initiation of proceedings


Subject to the provisions of Part XV, any party to a dispute concerning the interpretation or application
articles of this Convention that apply: (1)
fishing; (2) protection and preservation of the marine environment; (3) marine scientific research
; or (4) navigation, including pollution from vessels and
dumping, may by written notification to the other party or parties to the dispute
submit the dispute to arbitration special
set out in this Appendix. The proposal and its justification joins
notice.
Article 2

List of experts


First They are established and maintained various lists of experts for each
following areas: (1) fishing; (2) protection and preservation of the marine environment
; (3) marine scientific research; (4) navigation, including pollution from vessels and
dumping.

Second The lists of experts drawn up and maintained in fisheries
Organization of the United Nations Food and Agriculture; the protection and preservation of the marine environment
United Nations Environment Programme;
in the field of marine scientific research by the Intergovernmental Oceanographic Commission;
in the field of navigation, including pollution from vessels and by dumping
International Maritime Organization; or in any dispute and the Assistant
authority to which such organization, program or commission has delegated that function
.

Third Each State Party shall be entitled to nominate two experts in each field
whose competence in the legal, scientific or technical issues such
field is established and generally recognized and who
enjoying the highest reputation for fairness and integrity. Names like this
nominees in each field shall constitute the appropriate list.

Fourth If it falls in any list so constituted
number of experts nominated by a State Party under two, then that State Party
entitled to make further nominations as necessary.

Fifth Until the State party withdraws expert appointed by the remains of expert
name on the list; This expert will, however, continue to carry out its function
on any special arbitral tribunal to which he was appointed
until the proceedings before the Special Tribunal finishes.
Article 3


The establishment of the special arbitral tribunal

Unless the parties agree otherwise, establish a special arbitral tribunal
for the purpose of proceedings under this Annex as follows:

(A) Subject to subparagraph. (G) a special arbitral tribunal
consist of five members.

(B) the party instituting the proceedings shall appoint two members to be chosen preferably from
appropriate list or lists referred to in Article 2
relating to the matters in dispute; One of them may be its national
member. These provisions are included in the notification referred to in Article 1 of this Annex
.

(C) Within thirty days after receipt of the notification referred to in Article 1 of this
Attachments appoint the other party to the dispute two members to be chosen preferably from
appropriate list or lists relating to the matters in dispute;
One of whom may be its national. Unless this

Period, the measures implemented, the party instituting the proceedings within two weeks
after that period, request that the appointments be made in accordance with subparagraph
. (E).

(D) The parties to the dispute by agreement appoint the President of the special arbitral tribunal
preferably selected from the list;
who shall be a national of a third State, unless the parties agree otherwise.
If, within thirty days from the date of receipt of the notification referred to in Article 1 of this
Attachments parties fail to reach agreement on the appointment of the President, this will be
appointment at the request of either party to the dispute made in accordance with subparagraph
. (E). This request will be made within two weeks after the expiration of the thirty-day time limit specified
.

(E) Unless the parties agree that the provision under subparagraph. (C) and (d)
was carried out by a person or a third country, which would be selected
parties make the necessary provisions of the UN Secretary General
within thirty days of receipt of the request under subparagraph. (C) and (d).
Provisions mentioned in this paragraph shall, after consultation with the parties carried out
appropriate list or lists referred to in Article 2 of this Annex.
Members so appointed shall be of different nationalities and may not be
in the service of any of the parties to the dispute, nor have permanent residence in its territory
, nor are its nationals.

(F) Any vacancy shall be filled in the manner prescribed for the initial
provisions.

(G) Parties in the same interest shall appoint two members of the tribunal jointly by agreement
. If several parties have separate interests or
unless the parties agree that they hold the same interest, each of them
one member of the tribunal.

(H) In disputes involving more than two parties, the provisions of subparagraph.
(A) to (f) shall apply to the maximum extent possible.
Article 4

General


Articles 4-13 of Annex VII shall apply mutatis mutandis ^ 1)
apply to the special arbitration proceedings in accordance with this Annex.
Article 5

Investigation


First Parties to a dispute concerning the interpretation or application of the provisions of this Convention
applicable: (1) fisheries; (2) protection and preservation of the marine environment
; (3) marine scientific research; or (4) navigation,
including pollution from vessels and by dumping, may at any time
agree to request a special arbitral tribunal constituted in accordance with Article 3
this Annex to carry out an inquiry and establish the facts,
that led to the dispute.

Second Unless the parties otherwise agree, the facts established
special arbitral tribunal acting in accordance with paragraph. 1 shall be deemed conclusive
parties.

Third If you ask all parties to the dispute may
special arbitral tribunal to recommend a basis for review by the parties questions
that led to the dispute; such recommendations do not force decisions.

Fourth Subject to para. 2, the special arbitral tribunal shall act in accordance with
provisions of this Annex, unless the parties agree otherwise.


Příl.IX
Participation of international organizations
Article 1

Use of terms


For the purposes of Article 305 and this Annex, "international organization" means
intergovernmental organization constituted by States to which its Member States
transferred competence over matters governed by this Convention, including
competence to enter into contracts to
refer such matters.
Article 2

Signature


International organization may sign this Convention if a majority
its Member States have signed the Convention. When signing international organizations make
statement in which they specifically state those
matters covered by this Convention, in which its Member States
have signed this Convention has been transferred to the competence, and the nature and extent
this power.
Article 3


Formal confirmation and accession

First An international organization may deposit its instrument of formal approval
or of accession if a majority of its member States deposit or
have deposited their instruments of ratification or accession.

Second The instruments deposited by the international organization
contain commitments and declarations required by Articles 4 and 5 of this Annex.
Article 4


Scope of participation, rights and obligations

First The Charter of the International Organization for formal approval or

Accession contains a promise regarding matters in which her
has been transferred to its Member States which are Parties to this Convention
, to accept the rights and obligations prescribed in this Convention for the States
.

Second The international organization is a party to this Convention to the extent that the
it has competence in accordance with the declarations, communications or notifications
referred to in Article 5 of this Annex.

Third Such an international organization shall exercise the rights and fulfill the responsibilities that would otherwise
issues in which to place it in its Member States
delegated authority, should those of its Member States which are Parties to this Convention
. Member States of that international organization shall not exercise
competence which they have transferred to it.

Fourth Participation of such an international organization in no way authorizes the
greater representation, which would otherwise be entitled to its Member States
which are States Parties, including decision-making rights.

Fifth Participation of such an international organization in no case does
any rights under this Convention on Member States of the organization
which are not States Parties to this Convention.

6th In the event of a conflict between the obligations of an international organization under this
Convention and its obligations under the agreement establishing the organization or by any
her acts relating prevail
obligations under this Convention.
Article 5


Declarations, notifications and communications

First The Charter of the International Organization for formal approval or accession
contains a statement in which specifying the
matters covered by this Convention, in which those Member States
organizations that are Parties to this Convention, competence has been transferred.

Second When ratifying this Convention or acceding to it, or if he
international organization deposits its instrument of formal approval
or accession, whichever occurs later, the Member State
this organization's statement, in which They are specifying the
matters governed by this Convention in which that Member state
transferred competence to the organization.

Third It is believed that States Parties which are Member States
international organization which is party to this Convention have jurisdiction in
all matters governed by this Convention, in which, according to this article
particular, he has not notified or communicated by
powers to the organization.

Fourth The international organization and its member States which are Parties
shall promptly notify the depositary of this Convention of any changes in
range of powers, including the new delegation of powers
specifically mentioned in the declaration under paragraph 1 and 2.

Fifth Each State Party may request an international organization and its
Member States which are States Parties to provide information about
who has jurisdiction in any particular issues that arose.
International organizations and Member States may also
such information to provide on its own initiative.

6th Declarations, notifications and communications of information under this Article
specify the nature and extent of the delegation.
Article 6

Responsibility


First Parties which have competence under Article 5 of this Annex
bear responsibility for failure to comply with obligations or for any other violation.

Second Any State Party may request an international organization or those
its Member States which are States Parties to provide
information about who is responsible in any specific matter.
Organization and its Member States concerned shall provide this information.
Failure to provide such information within a reasonable time or the provision of contradictory information
result in joint and several liability.
Article 7

Settlement of disputes


First When depositing the instrument of formal confirmation or accession, or at any time thereafter
an international organization may choose a written statement
one or several ways of settling disputes concerning the interpretation or application of this Convention
that are mentioned in Article 287 paragraph. 1 (a), (c)
or (d).

Second The provisions of Part XV shall apply mutatis mutandis ^ 1)
any dispute between parties to this Convention, one or more of them are
international organizations.

Third When an international organization and one or more of its Member

States to act together as a party to the dispute or as parties
same interest, it is considered that this organization adopted the same
means of dispute settlement as Member States. If
however, a member State has chosen only the International Court of Justice under Article 287, it is considered
that this organization and the member states concerned
arbitration in accordance with Annex VII, unless the parties agree otherwise.
Article 8

Applicability of Part XVII


Part XVII applies mutatis mutandis ^ 1), an international organization with
subject to the following provisions:

(A) the application of Article 308 para. 1 shall be disregarded in deed
international organization for formal approval or accession;

(B)

(I) an international organization shall have exclusive competence in the use of legal
Articles 312-315 to the extent that they have jurisdiction under Article 5
this Annex regarding the whole subject of the amendment;

(Ii) the instrument of formal confirmation or of accession of an international organization
changed, the entire subject matter within the jurisdiction of this international organization
under Article 5 of this Annex, for the purposes of the application of Article 316, paragraph
. 1, 2 and 3 was considered as an instrument of ratification or instrument of accession
each Member State which is a State Party;

(Iii) in respect of any other changes, list international organizations
a formal approval or accession shall not be taken into account when using
Article 316 para. 1 and 2;

(C)

(I) international organization may not denounce this Convention in accordance with Article 317
if any of its Member States are participating
state and if it continues to fulfill the requirements laid down in Article 1
this Annex;

(Ii) an international organization shall denounce this Convention when none of its
Member States is a State Party or if the international organization
no longer complies with the requirements laid down in Article 1 of this
Attachments. Such denunciation shall take effect immediately.

1) similarly

2) on the ground; without further

3) at first glance

4) justice and decency

5) for himself; as a person