Rs 0.923.05 International Convention Of 29 April 1958 On Fishing And Conservation Of The Living 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 text original International Convention on fishing and conservation of the living resources of the high seas, concluded at Geneva on 29 April 1958 approved by the Federal Assembly on December 14, 1965, Instrument of ratification deposited on 18 May 1966 entry into force for the Switzerland for the Switzerland on June 17, 1966 (status February 24, 2016). States parties to this Convention considering that the development of modern technology in the exploitation of the living resources of the sea, by increasing human possibilities to meet the needs of a growing world population, sets out some of these resources to the risk of excessive exploitation, considering also that the nature of the problems posed at the present time the conservation of the living resources of the high seas stems the obvious need to solve , whenever it is possible, these problems by way of international cooperation, through the concerted action of all States concerned, have agreed to the following provisions: art. 1-1. All States have right to exercise their national fishing on the high seas, subject a. their conventional obligations, b. the interests and rights of the littoral States as they are provided for by this Convention, and (c) provisions for the conservation of resources biological of the high seas, contained in the following articles.
2. all States are required to adopt or to cooperate with other States to adopt such measures for their respective nationals who may be necessary for the conservation of the living resources of the high seas.

Art. 2 for the purposes of this Convention, the 'conservation of the living resources of the high seas' means all the measures making it possible to constant optimum performance of these resources, so as to maximize the marine, food and other products available. Conservation programs 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 fishing for one or several stocks of fish or other living resources of the sea in an area of the high seas where the nationals of other States don't, engage must, if necessary, adopt of its own nationals of the measures for the conservation of biological resources.

Art. 4-1. If nationals of two or several States engaged in fishing the same stock or the same stocks of fish or other living marine resources in one or more areas of the high seas, these States shall, at the request of one of them, negotiations to impose agreed on their national measures for the conservation of the living resources affected.
2. If the States concerned could not reach an agreement within a period of 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 the same stock or the same stocks of fish or other living marine resources, other States apply to their nationals the measures in question, which would have to establish any discrimination of law or of fact, seven months at the latest after the date on which these measures will have been notified to the Director-general of the United Nations Organization for food and agriculture. The Director general shall these measures inform any State that request, and in any case any State specified by the State which adopted the measure in question.
2. If other States do not accept these measures and if an agreement cannot be achieved within a period of 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 remain mandatory pending the decision of the special commission.

Art. 6-1. Any coastal State has a special interest in maintaining the productivity of the living resources in any part of the high seas adjacent to its territorial sea.
2. any coastal State has the right to participate, under conditions of equality, to any research organisation and any system of regulation for the purposes of the conservation of the living resources of the high seas in this region, even if its nationals don't engage not fishing.
3. any State whose nationals are engaged in fishing in an area of the high seas adjacent to the territorial sea of a coastal State will engage, at the request of the coastal State, negotiations to take, by mutual agreement, the necessary measures for the conservation of the living resources of the high seas in this region.
4. any State whose nationals are engaged in fishing in an area of the high seas adjacent to the territorial sea of a coastal State cannot apply in this area of the high seas of conservation measures that are contrary to those which have been adopted by the coastal State to take the necessary measures for the conservation of the living resources of the high seas in this region by mutual agreement.
5. While interested States were able to reach, within a period of twelve months, an agreement on conservation measures, each of the parties may initiate the procedure laid down in article 9.

Art. 7-1. Having regard to the provisions of paragraph 1 of article 6, to maintain the productivity of the living resources of the sea, all coastal State can unilaterally adopt conservation measures appropriate for any stock of fish or other marine resources in any part of the high seas adjacent to its territorial sea, if the negotiations with other interested States not led to an agreement within a period of six months.
2. the measures that the coastal State has adopted under the previous paragraph may have effect in respect of the other States that: a. If it is urgent to apply conservation measures, given the State of knowledge concerning the fishery; (b) if they are based on scientific conclusions appropriate; c. If they are not in their form or substance to discriminate against foreigners.

3. these measures will remain in force until the regulations, in accordance with the relevant provisions of this Convention, of any dispute regarding their validity.
4. If these measures are not accepted by other interested States, either party can initiate the procedure laid down in article 9. Subject to the provisions of paragraph 2 of article 10, the measures remain mandatory pending the decision of the Special Commission.
5. the geographic principles set out in article 12 of the Convention on the territorial sea and the contiguous zone are applicable whenever it comes to the sides of different States.

SR 0.747.305.11 art. 8-1. A State which, although its nationals do not indulge in fishing in an area of the high seas not adjacent to his side, however, has a special interest in the conservation of the living resources of the high seas in this region, may require the State or States whose nationals are fishing for the necessary conservation measures under the terms of articles 3 and 4, respectively, at the same time indicating the scientific reasons that make, in his view, these measures and the special interest that he carries this question.
2. If, within a period of twelve months, it does not get satisfaction, that State may initiate the procedure laid down in article 9.

Art. 9-1. Any dispute which may arise between States in the cases referred to in articles 4, 5, 6, 7 and 8 is, at the request of one of the parties, subject to regulation to a Special Committee composed of five members, unless the parties don't agree to seek the solution by another mode of peaceful settlement, in accordance with article 33 of the Charter of the United Nations.
2. the members of the commission, which is responsible for the functions of president, are appointed by mutual agreement by the States parties to the dispute, within a period of three months from the request for settlement of the dispute on the basis of the provisions of this article. Otherwise agree, they are, at the request of any State party to the dispute, 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 as well as with the President of the International Court of Justice and the Director-general of the United Nations Organization for food and agriculture among persons duly qualified, chosen outside of the States parties to the dispute, and specialists of the legal, administrative or relating to fisheries scientists, according to the nature of the dispute to settle. He has holidays in the same way as the original names.
3. any State party to a procedure provided for in the present articles has the right to designate one of its nationals to be part of the special commission, with the right to participate fully in the discussions in the same conditions as the members of the commission; but this citizen does not have the right to vote and cannot take part in the drafting of the commission's decision.

4. the commission shall itself fix its procedure to ensure to each party the opportunity to be heard and to defend his point of view. It also decides on the distribution of costs between the parties if an agreement between them on this subject.
5. the special commission makes its decision within five months following the appointment of its members, unless she decides, if necessary, to extend this time limit for a period which cannot exceed three months.
6. in making its decisions, the special commission conforms to these articles as well as all special agreements between the parties to the dispute for the settlement of the latter.
7. the decisions of the commission are taken by the majority.

RS 0.120 art. 10-1. In disputes arising from the application of article 7, the special commission applies the criteria set out in paragraph 2 of the article. In disputes relating to the application of articles 4, 5, 6 and 8, the commission applies the following criteria, based on the questions which are the subject of the dispute: a. in disputes relating to the application of articles 4, 5 and 6, the commission must have the evidence: (i) scientific data showed the need for conservation measures , (ii) specific measures are based on scientific data and are practically feasible, and (iii) that the measures in question do not discrimination, in law or in fact, against fishermen from other States;

b. in all disputes relating to the application of article 8, the commission must establish either that scientific data to prove the need for conservation measures conservation measures program responds to the needs.

2. the special commission may decide that the measures which are the subject of the dispute will not be applied as long as it has not made its decision, subject that, when it comes to disputes related to article 7, the application of the measures will be suspended if it appears to the commission, on the basis of presumptions that are supported by evidence, that this application cannot be imposed emergency.

Art. 11. the decisions of the special commission are binding on the States concerned, and the provisions of paragraph 2 of article 94 of the United Nations Charter are applicable to these decisions. If the recommendations were joined, they should receive the greatest attention.

RS 0.120 art. 12-1. If the facts on which the decision of the special commission was founded are modified as a result of significant changes in the State 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 request other States to enter into negotiations so that the necessary changes by mutual agreement to conservation measures.
2. If no agreement can be achieved within a reasonable time, each of the States concerned can further recourse to the procedure laid down in article 9, provided that at least two years have passed since the first decision.

Art. 13-1. Regulation of fisheries exploited by devices planted in the ground in the areas of the high seas adjacent to the territorial sea of a State can be undertaken by that State when its national maintain and exploit these fisheries for a long time, as long as those who are not its nationals be allowed to participate in these activities under the same conditions as nationals with the exception of the regions where these fisheries have been under long use, operated exclusively by national ESCs. This regulation does not affect to the general scheme of these regions as high seas.
2. in this article, "fisheries exploited by devices planted in the ground" means fisheries using gear fitted with brackets which are planted in the ground at fixed position and who are left there for purposes of permanent use, or that, if we take out them, are replanted each season on the same location.

Art. 14 in articles 1, 3, 4, 5, 6 and 8, 'national' means the boats or of any fishing boats who were nationals of the State in question under the law of that State, regardless of the nationality of the members of their crews.

Art. 15. the present Convention will be, until October 31, 1958, open for signature by all Member States of the Organization of the United Nations or of a specialized agency, as well as any other State invited by the General Assembly of the United Nations to become a party to the Convention.

Art. 16. the present Convention will be ratified. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Art. 17. the present Convention will be open for accession by any State belonging to one of the categories referred to in article 15. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. 18-1. This agreement will take effect on the thirtieth day following the date of the deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification or accession.
2. for each of the States that ratify the Convention or there will join after the deposit of the twenty-second instrument of ratification or accession, the Convention will take effect on the thirtieth day after the deposit by that State of its instrument of ratification or accession.

Art. 19-1. 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 having entered reservations in accordance with the preceding paragraph may at any time remove them by a communication to this effect addressed to the Secretary-General of the United Nations.

Art. 20-1. After expiry of a period of five years from the date on which this Convention comes into force, an application for revision of the Convention may be made at any time by any Contracting Party, by means of a written notification to the Secretary-General of the United Nations.
2. the General Assembly of the United Nations shall decide on measures to be taken, as appropriate, about this request.

Art. 21. the Secretary-General of the Organization of the United Nations shall notify all Member States of the Organization of the United Nations and the other States referred to in article 15: a. the signatures attached to this Convention and the deposit of the instruments of ratification or accession, in accordance with articles 15, 16 and 17; (b) the date on which this Convention will enter into force in accordance with article 18; c. Requests for review made pursuant to section 20; d. reservations to this Convention made in accordance with article 19.

Art. 22. the original of this Convention, including English, Chinese, Spanish, french and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, which will hold certified copy to all States referred to in article 15.
In faith whereof, the undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.
Done at Geneva, April twenty-nine thousand nine hundred and fifty-eight.
(Follow signatures)

Scope on 24 February 2016 States parties Ratification, accession (A) Declaration of estate (S) entry into force April 9, 1963 South Africa has 20 March 1966 Australia 14 May 1963 March 20, 1966 Belgium 6 January 1972-5 February 1972 Bosnia and Herzegovina 12 January S 1994, 6 March Burkina Faso 4 October 1992 1965-20 March 1966 Cambodia March 18 1960-20 March Colombia 3 January 1966 1963 20 March 1966 Congo (Brazzaville) 5 December 2012 January 4, 2013 Denmark * September 26, 1968 October 26, 1968 Spain * February 25, 1971 has 27 March 1971 United States * April 12, 1961 20 March 1966 Fiji * March 25, 1971 October 10, 1970 Finland February 16, 1965 March 20, 1966 France September 18, 1970 18 October 1970 Haiti March 29, 1960 Jamaica March 20, 1966 * 16 April 1964 20 March 1966 Kenya 20 June 1969 was July 20, 1969 Lesotho * 23 October 1973 Madagascar 31 October 4, 1966 July 1962 20 March 1966 Malaysia 21 December 1960 has 20 March 1966 Malawi 3 November 1965 has 20 March 1966 Maurice * 5 October 1970 12 March 1968 Mexico August 2, 1966 A September 1, 1966 Montenegro 23 October 2006 S 3 June 2006 Nigeria * 26 June 1961 March 20, 1966 Uganda 14 September 1964 was March 20, 1966 Netherlands February 18, 1966 March 20, 1966 Portugal January 8, 1963 March 20, 1966 Dominican Republic 11 August 1964 20 March 1966 United Kingdom * March 14, 1960 20 March 1966 Solomon, Islands * September 3, 1981 7 July 1978 Serbia March 13, 2001 S 27 April 1992 Sierra Leone * March 13, 1962 March 20, 1966 Switzerland may 18, 1966 June 17, 1966 Thailand July 2, 1968 1 August 1968 Tonga * June 29, 1971 4 June 1970 Trinidad and Tobago * April 11, 1966 March 20, 1966 Venezuela July 10, 1963 March 20, 1966 * reservations and declarations.

Reservations and declarations are not published to the RO. Texts in french and English can be found at the United Nations Internet site address: http://untreaty.un.org or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

RO 1966 1023, FF 1965 II 1 art. 1 1 let.c of AF of 14 Dec. 1965 (1966 999 RO) RO 1966-1023, 1972-2867, 1983 421, 2002 2662, 2007 709, 2016 917. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

Status February 24, 2016

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