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RS 0.923.05 International Convention of 29 April 1958 on the Fishing and Conservation of Biological Resources of the High Seas

Original Language Title: RS 0.923.05 Convention internationale du 29 avril 1958 sur la pêche et la conservation des ressources biologiques de la haute mer

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0.923.05

Original text

International Convention on the Fishing and Conservation of Biological Resources of the High Seas

Cited at Geneva on 29 April 1958

Approved by the Federal Assembly on December 14, 1965 1

Instrument of ratification deposited for Switzerland on 18 May 1966

Entry into force for Switzerland on 17 June 1966

(Status on 24 February 2016)

The States Parties to this Convention,

Whereas the development of the modern technology for the exploitation of the biological resources of the sea, by increasing human opportunities to meet the needs of a growing world population, exposthem some of these Resources at risk of excessive exploitation,

Considering also that the nature of the problems currently posed by the conservation of the biological resources of the high seas stems from the obvious need to resolve, wherever possible, these problems through cooperation Through the concerted action of all interested States,

Agreed to the following provisions:

Art. 1

1. All states have the right to have their nationals fishing on the high seas, subject to a. Their treaty obligations, b. The interests and rights of the riparian states as provided for in this Convention, and c. Provisions for the conservation of the biological resources of the high seas contained in the following articles.

2. All States are obliged to adopt or cooperate with other States to adopt such measures applicable to their respective nationals which may be necessary for the conservation of the biological resources of the high seas.

Art. 2

For the purposes of this Convention, the term "conservation of the biological resources of the high seas" means all measures that make possible the constant optimum performance of those resources, so as to maximize availability Marine, food and other products. Conservation programmes must be established in order to ensure, in the first place, the supply of foodstuffs for human consumption.

Art. 3

A State whose nationals engage in the fishing of one or more stocks of fish or other biological resources of the sea in a region of the high seas where the nationals of other States do not engage in it, shall, if necessary, adopt in respect of Of its own national measures for the conservation of affected biological resources.

Art. 4

If the nationals of two or more States engage in the fishing of the same stock or of the same stocks of fish or other living marine resources in one or more regions of the high seas, those States shall, at the request of one of them, undertake Negotiations with a view to imposing on their nationals the necessary measures for the conservation of the biological resources affected.

2. If the States concerned have not been able to reach an agreement within twelve months, each of the parties may initiate the procedure laid down in Article 9.

Art. 5

1. If, after the adoption of the measures referred to in Articles 3 and 4, nationals of other States wish to engage in one or more areas of the high seas, fishing for the same stock or stocks of fish or other biological resources The other States shall apply to their nationals the measures in question, which shall not establish any discrimination, law or fact, not later than seven months after the date on which such measures have been notified to the Director General The Food and Agriculture Organization of the United Nations. The Director General shall bring these measures to the knowledge of any State which requests it, and in any case of any State specified by the State which has adopted the measure in question.

2. If the other States do not accept such measures and if an agreement cannot be reached within twelve months, each interested party may initiate the procedure laid down in Article 9. Subject to the provisions of paragraph 2 of Article 10, the measures taken shall remain binding pending the decision of the Special Committee.

Art. 6

1. Any riparian state has a special interest in maintaining the productivity of biological resources in any part of the high seas adjacent to its territorial sea.

2. Any riparian State shall have the right to participate, in conditions of equality, in any research organisation and regulatory system for the conservation of the biological resources of the high seas in that region, even if its They are not engaged in fishing.

Any State whose nationals are engaged in fishing in a region of the high seas adjacent to the territorial sea of a riparian State shall, at the request of that riparian State, enter into negotiations with a view to taking, by mutual agreement, the measures Necessary for the conservation of the biological resources of the high seas in this region.

4. Any State whose nationals are engaged in fishing in a region of the high seas adjacent to the territorial sea of a riparian State shall not apply in this region of the high seas conservation measures contrary to those which have been Adopted by the Riparian State in order to agree on the measures necessary for the conservation of the biological resources of the high seas in that region.

5. If the States concerned have not been able to reach an agreement on conservation measures within a period of twelve months, each of the parties may initiate the procedure laid down in Article 9.

Art. 7

In the light of the provisions of paragraph 1 of Article 6, any coastal State may, with a view to maintaining the productivity of the biological resources of the sea, unilaterally adopt the appropriate conservation measures for any stock of fish or Other marine resources in any part of the high seas adjacent to its territorial sea, if negotiations with the other interested States did not lead to an agreement within six months.

2. The measures which the Riparian State has adopted under the preceding paragraph may not have effect vis-à-vis other States except:

A.
There is an urgent need for conservation measures, taking into account the state of knowledge concerning the fishery;
B.
They are based on appropriate scientific findings;
C.
If they do not have in their form or in the substance of a discriminatory effect against foreign fishermen.

These measures shall remain in force pending the settlement, in accordance with the relevant provisions of this Convention, of any dispute concerning their validity.

4. If such measures are not accepted by other interested States, each party may initiate the procedure provided for in Article 9. Subject to the provisions of paragraph 2 of Article 10, the measures adopted shall remain binding pending the decision of the Special Commission.

5. The principles of geographical delimitation set out in Article 12 of the Convention on the Territorial Sea and the contiguous zone 1 Are applicable all times that they are the coasts of different states.


Art. 8

1. A State which, even if its nationals do not engage in fishing in a region of the high seas not adjacent to its coasts, has, however, a special interest in the conservation of the biological resources of the high seas in that region, may require The State or States whose nationals are fishing there to take the measures necessary for the conservation, according to Articles 3 and 4, respectively, by indicating at the same time the scientific reasons which render, in its opinion, these measures And the special interest in this issue.

2. If, within a period of twelve months, it does not obtain satisfaction, that State may initiate the procedure laid down in Article 9.

Art.

1. Any dispute which may arise between States in the cases referred to in Articles 4, 5, 6, 7 and 8 shall, at the request of one of the parties, be submitted for settlement to a special committee composed of five members, unless the parties agree to To seek the solution by alternative means of peaceful settlement, in accordance with Article 33 of the Charter of the United Nations 1 .

(2) The members of the Commission, one of whom shall be responsible for the functions of the President, shall be appointed by common accord of the States Parties to the dispute, within three months of the request for settlement of the dispute on the basis of the provisions In this article. In the absence of agreement, they shall, at the request of any State party to the dispute, be appointed within a further period of three months by the Secretary-General of the United Nations, in consultation with the States parties to the dispute and with the President of the International Court of Justice and the Director-General of the Food and Agriculture Organization of the United Nations, among duly qualified persons, selected outside the States Parties to the dispute, and experts in Legal, administrative or scientific matters relating to fisheries, Nature of the dispute to be resolved. It is provided for the holidays in the same way as the initial designations.

(3) Any State Party to a procedure provided for in these Articles shall have the right to designate one of its nationals to be a member of the Special Committee, with the right to participate fully in the proceedings under the same conditions as Members of the committee; but this national does not enjoy the right to vote and cannot take part in the drafting of the committee's decision.

4. The Commission shall determine its own procedure in such a way as to ensure that each party has the opportunity to be heard and to defend its point of view. It also rules on the apportionment of costs and costs between the parties, in the absence of an agreement between the parties on this matter.

5. The Special Committee shall render its decision within five months of the appointment of its members, unless it decides, if necessary, to extend that period of time which may not exceed three months.

6. In making its decisions, the Special Commission shall comply with these Articles and any special agreements concluded between the parties to the dispute with a view to the settlement of the dispute.

7. The decisions of the committee shall be taken by a majority.


Art. 10

In disputes arising from the application of Article 7, the Special Commission shall apply the criteria set out in paragraph 2 of that Article. In disputes relating to the application of Articles 4, 5, 6 and 8, the Commission shall apply the following criteria, depending on the issues under dispute:

A.
In disputes relating to the application of sections 4, 5 and 6, the Commission must have the following evidence:
(i)
That scientific data show the need for conservation measures,
(ii)
The specific actions taken are based on scientific data and are practically achievable, and
(iii)
That the measures in question do not discriminate, either in law or in fact, against fishermen of other States;
B.
In all conflicts with respect to the application of section 8, the Panel must establish either that scientific evidence demonstrates the need for conservation measures or that the conservation measures program meets the needs.

2. The Special Commission may decide that the measures which are the subject of the dispute shall not be applied until it has made its decision, provided that, in the case of disputes relating to Article 7, the application of the measures shall not Will be suspended if it appears to the Commission, on the basis of presumptions supported by evidence, that this application is not urgently required.

Art. 11

The decisions of the Special Commission are binding on the States concerned, and the provisions of article 94, paragraph 2, of the Charter of the United Nations 1 Are applicable to these decisions. Where recommendations have been attached, they should receive the greatest attention.


Art. 12

1. If the factual data on which the decision of the Special Committee was based are modified as a result of significant changes in the condition of the stock or stocks of fish or other living marine resources, or As a result of changes in fishing methods, each of the States concerned may ask the other States to enter into negotiations so that the necessary amendments are made by common accord to conservation measures.

2. If no agreement can be reached within a reasonable period of time, each of the States concerned may revert to the procedure provided for in Article 9, provided that at least two years have elapsed since the first decision.

Art. 13

1. The regulation of fisheries operated by means of equipment planted in the ground in the areas of the high seas adjacent to the territorial sea of a State may be undertaken by that State when its nationals maintain and exploit those Fisheries for a long time, provided that those who are not its nationals are allowed to participate in these activities under the same conditions as its nationals, with the exception of the regions where these fisheries have been, by virtue of a long use, Operated exclusively by these nationals. This regulation does not affect the general regime of these regions as high seas.

2. In this Article, "fisheries operated by means of gear planted in the ground" means the fisheries using devices fitted with media that are planted in the ground at a fixed position and left for use in the land , or who, if removed, are replanted each season in the same location.

Art. 14

In Articles 1, 3, 4, 5, 6 and 8, the term "nationals" means fishing vessels or vessels of any tonnage which have the nationality of the State in question according to the legislation of that State, irrespective of the nationality of the members of their Crews.

Art. 15

This Convention shall, until October 31, 1958, be open for signature by all States Members of the United Nations or of a specialized institution, as well as any other State invited by the General Assembly of the Organization The United Nations to become a party to the Convention.

Art. 16

This Convention shall be ratified. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Art. 17

This Convention shall be open for accession by any State belonging to one of the categories referred to in Article 15. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. 18

(1) This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by that State of its instrument of Ratification or accession.

Art. 19

At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than Articles 6, 7, 9, 10, 11 and 12.

2. Any Contracting State which has made reservations in accordance with the preceding paragraph may at any time withdraw them by means of a communication to that effect addressed to the Secretary-General of the United Nations.

Art.

After the expiration of a period of five years from the date on which this Convention enters into force, a request for revision of the Convention may be made at any time by any Contracting Party by means of notification Written to the Secretary-General of the United Nations.

2. The General Assembly of the United Nations shall decide on the measures to be taken, if any, with respect to that request.

Art.

The Secretary-General of the United Nations shall notify all States Members of the United Nations and the other States referred to in Article 15:

A.
The signatures to this Convention and the deposit of instruments of ratification or accession in accordance with Articles 15, 16 and 17;
B.
The date on which this Convention enters into force, in accordance with Article 18;
C.
Applications for revision under section 20;
D.
Reservations to this Convention presented in accordance with Article 19.
Art.

The original of this Convention, of which the English, Chinese, Spanish, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to all States referred to in Article 15.

In witness whereof, The undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.

Done at Geneva, on the twenty-ninth of April, nine hundred and fifty-eight.

(Suivent signatures)

Scope of application February 24, 2016 2

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

South Africa

April 9

1963 A

20 March

1966

Australia

14 May

1963

20 March

1966

Belgium

6 January

1972 A

5 February

1972

Bosnia and Herzegovina

12 January

1994 S

6 March

1992

Burkina Faso

4 October

1965 A

20 March

1966

Cambodia

18 March

1960 A

20 March

1966

Colombia

3 January

1963

20 March

1966

Congo (Brazzaville)

5 December

2012 A

4 January

2013

Denmark *

26 September

1968

26 October

1968

Spain *

25 February

1971 A

March 27

1971

United States *

12 April

1961

20 March

1966

Fiji *

25 March

1971

10 October

1970

Finland

February 16

1965

20 March

1966

France

18 September

1970

18 October

1970

Haiti

March 29

1960

20 March

1966

Jamaica *

April 16

1964

20 March

1966

Kenya

20 June

1969 A

July 20

1969

Lesotho *

23 October

1973

4 October

1966

Madagascar

July 31

1962 A

20 March

1966

Malaysia

21 December

1960 A

20 March

1966

Malawi

3 November

1965 A

20 March

1966

Mauritius *

5 October

1970

12 March

1968

Mexico

2 August

1966 A

1 Er September

1966

Montenegro

23 October

2006 S

3 June

2006

Nigeria *

26 June

1961

20 March

1966

Uganda

September 14

1964 A

20 March

1966

Netherlands

18 February

1966

20 March

1966

Portugal

8 January

1963

20 March

1966

Dominican Republic

August 11

1964

20 March

1966

United Kingdom *

March 14

1960

20 March

1966

Solomon Islands *

3 September

1981

7 July

1978

Serbia

13 March

2001 S

April 27

1992

Sierra Leone *

13 March

1962

20 March

1966

Switzerland

18 May

1966

17 June

1966

Thailand

July 2

1968

1 Er August

1968

Tonga *

29 June

1971

4 June

1970

Trinidad and Tobago *

April 11

1966

20 March

1966

Venezuela

10 July

1963

20 March

1966

*
Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


RO 1966 1023, FF 1965 II 1


1 Art. 1 al.1 let.c of 14 Dec. 1965 (RO 1966 999)
2 RO 1966 1023, 1972 2867, 1983 421, 2002 2662, 2007 709, 2016 917. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status February 24, 2016