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RS 0.747.305.15 United Nations Convention of 10 December 1982 on the Law of the Sea (with annexes)

Original Language Title: RS 0.747.305.15 Convention des Nations Unies du 10 décembre 1982 sur le droit de la mer (avec annexes)

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0.747.305.15

Original text

United Nations Convention on the Law of the Sea

Complied in New York on 10 December 1982

Approved by the Federal Assembly on 19 December 2008 1

Instrument of ratification deposited by Switzerland on 1 Er May 2009

Entry into force for Switzerland on 31 May 2009

(State on 9 February 2016)

The States Parties to the Convention,

Motivated by the desire to settle, in a spirit of mutual understanding and cooperation, all the problems concerning the law of the sea and mindful of the historic significance of the Convention, which constitutes an important contribution to the maintenance of the Convention Peace, justice and progress for all peoples of the world,

Noting that the developments since the United Nations Conferences on the Law of the Sea held in Geneva in 1958 and 1960 have reinforced the need for a new Convention on the Law of the Sea, which is generally acceptable,

Aware that the problems of marine spaces are closely interlinked and must be considered as a whole,

Recognizing the desirability of establishing, through the Convention, due regard for the sovereignty of all States, a legal order for the seas and oceans that facilitates international communications and promotes uses Peaceful use of the seas and oceans, the fair and efficient use of their resources, the conservation of their biological resources and the study, protection and preservation of the marine environment,

Whereas the achievement of these objectives will contribute to the establishment of a just and equitable international economic order in which the interests and needs of all humanity and, in particular, interests and interests are taken into account, and The specific needs of developing countries, whether coastal or landlocked,

Wishing to develop, by the Convention, the principles contained in resolution 2749 (XXV) of 17 December 1970, in which the United Nations General Assembly solemnly declared, inter alia, that the area of the seabed and oceans, as well as That their subsoil, beyond the limits of the national jurisdiction and the resources of that area, are the common heritage of mankind and that the exploration and exploitation of the area will be in the interests of all humanity, Irrespective of the geographical situation of States,

Convinced that the codification and progressive development of the law of the sea in the Convention will contribute to the strengthening of peace, security, cooperation and friendly relations among all nations, in accordance with the Principles of justice and equal rights, and promote the economic and social progress of all peoples of the world, in accordance with the purposes and principles of the United Nations, as set out in the Charter 2 ,

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

Agreed to the following:

Part I Introduction

Art. 1 Use of terms and scope

(1) For purposes of the Convention:

"Zone" means the seabed and its subsoil beyond the limits of the national jurisdiction;

2. The "Authority" means the International Seabed Authority;

3. "Activities carried out in the Area" means all exploration and exploitation of the resources of the Area;

"Pollution of the marine environment" means the direct or indirect introduction by humans of substances or energy into the marine environment, including estuaries, where it has or may have harmful effects such as damage to resources Marine flora and fauna, risks to human health, hindrance to maritime activities, including fishing and other legitimate uses of the sea, alteration of sea water quality from the point of view of its Use and degradation of agreements;

5. (a)
"Immersion" means:
(i)
Any deliberate dumping of waste or other matter, from ships, aircraft, platforms or other works at sea,
(ii)
Any scuttling at sea of ships, aircraft, platforms or other works,
(b)
The term "immersion" is not intended to:
(i)
The dumping of waste or other materials produced directly or indirectly during the normal operation of ships, aircraft, platforms or other works at sea, as well as their equipment, except waste or other Materials transported by or transhipped on ships, aircraft, platforms or other works at sea which are used for the disposal of such materials, or arising from the treatment of such waste or other matter on board such ships, Aircraft, platforms or works,
(ii)
The deposit of materials for purposes other than their mere elimination, provided that the deposit is not contrary to the purposes of the Convention.

(2) 1. "States Parties" means those States which have consented to be bound by the Convention and in respect of which the Convention is in force.

2. The Convention applies Mutatis mutandis To entities referred to in s. 305, para. 1, let. (b), (c), (d), (e) and (f), which become Parties to the Convention in accordance with the terms and conditions applicable to each of them, to that extent, the term "States Parties" means those entities.

Part II Territorial Sea and contiguous area

Section 1 General provisions

Art. 2 Legal regime of the territorial sea and the underlying airspace, as well as the seabed and its subsoil

1. The sovereignty of the coastal state extends beyond its territory and inland waters and, in the case of an archipelago, its archipelagic waters, to an adjacent sea area known as the territorial sea.

2. This sovereignty extends to airspace above the territorial sea, as well as to the bottom of this sea and its subsoil.

3. Sovereignty over the territorial sea shall be exercised under the conditions laid down in the provisions of the Convention and other rules of international law.

Section 2 Limits of the territorial sea

Art. 3 Width of the Territorial Sea

Any State shall have the right to determine the width of its territorial sea, this width shall not exceed 12 nautical miles measured from baselines established in accordance with the Convention.

Art. 4 Outer boundary of the territorial sea

The outer limit of the territorial sea shall consist of the line with each point at a distance equal to the width of the territorial sea of the point closest to the baseline.

Art. 5 Normal baseline

Except as otherwise provided by the Convention, the normal baseline from which the width of the territorial sea is measured shall be the low-sea leash along the coast as shown on the large-scale nautical charts Officially recognised by the coastal state.

Art. 6 Dies

In the case of island parts of an atollian formation or of islands lined with fringing reefs, the baseline from which is measured the width of the territorial sea is the low-sea leash on the reef, large side, such as That it is indicated on the charts officially recognised by the coastal State.

Art. 7 Lines of straight baselines

1. Where the coast is deeply indented and cut, or if there is a chain of islands along the coast, in close proximity to it, the method of straight baselines connecting appropriate points can be used to draw the line From which is measured the width of the territorial sea.

2. Where the coast is extremely unstable due to the presence of a delta and other natural features, the appropriate points may be selected along the most advanced low-sea level and, even in the case of subsequent decline of the On a low sea level, these straight baselines shall remain in force until they have been modified by the coastal State in accordance with the Convention.

3. The route of straight baselines shall not deviate significantly from the general direction of the coast and the lying areas below shall be sufficiently linked to the land area to be subject to the inland water regime.

4. Lines of straight baselines shall not be drawn to or from the discoverable shoals, unless there have been permanently emergent lighthouses or similar installations, or the drawing of such straight baselines Has been the subject of general international recognition.

5. In cases where the straight baselines method applies under s. 1, for the establishment of certain basic lines, account may be taken of the economic interests of the region concerned, whose reality and importance are clearly attested by a long-term use.

6. The method of straight baselines cannot be applied by a state in such a way that the territorial sea of another state is cut off from the high seas or from an exclusive economic zone.

Art. 8 Inland waters

1. Subject to Part IV, waters below the base line of the territorial sea shall be part of the internal waters of the State.

2. Where the route of a straight base line established in accordance with the method described in Art. 7 includes in inland waters waters which were not previously considered to be such, the right of safe passage provided for in the Convention extends to those waters.

Art. Embouchure of rivers

If a river flows into the sea without forming an estuary, the baseline is a straight line drawn across the mouth of the river between the boundary points of the low water mark on the banks.

Art. 10 Bays

1. This Article relates only to embayments of which only one State is Riparian.

2. For the purposes of the Convention, "bay" means a well-marked echanchure whose entry into the land from its width at the opening is such that the waters it contains are identified by the coast and that it is more than one Simple inflexion of the coast. However, a beaker is considered to be a bay only if its area is at least equal to that of a half circle having a diameter of the right traced across the inlet of the scanchor.

3. The area of a scanchor is measured between the lower sea leash along the shore of the scanchor and the line joining the low-sea heifers at the natural points of entry. When, due to the presence of islands, a tangles has several entrances, the half circle has for diameter the sum of the lengths of the lines closing the different entries. The area of islands within a range is included in the total area of the island.

4. If the distance between the low-sea heifers at the natural points of entry of a bay does not exceed 24 nautical miles, a delineation line may be drawn between these two low-sea lashes, and the waters below that line are Considered inland waters.

5. When the distance between the low sea heifers at the natural points of entry of a bay exceeds 24 nautical miles, a straight line of 24 nautical miles is drawn inside the bay so as to lock the maximum water.

6. The preceding provisions do not apply to "historic" bays or in cases where the method of straight baselines provided for in s. 7 is followed.

Art. 11 Ports

For the purposes of the delimitation of the territorial sea, permanent installations forming an integral part of a port system that move the most towards the sea are considered to be part of the coast. Offshore facilities and artificial islands are not considered to be permanent port facilities.

Art. 12 Rades

When normally used in the loading, unloading and anchoring of vessels, rades that would normally be wholly or partly beyond the outer limit of the territorial sea are considered to be Part of the territorial sea.

Art. 13 Discoverable Hauts

1. "Discoveries" refers to the natural elevations of land that are surrounded by the sea, discovered at low tide and covered at high tide. Where the discoverable shoals are wholly or partly located at a distance from the mainland or an island that does not exceed the width of the territorial sea, the low-sea leash on these shoals may be taken as a baseline for Measure the width of the territorial sea.

2. When the discoverable shoals are entirely within a distance of the continent or an island that exceeds the breadth of the territorial sea, they do not have their own territorial sea.

Art. 14 Combining methods to establish baselines

The coastal State may, depending on the different situations, establish the baselines according to one or more of the methods provided for in the preceding articles.

Art. 15 Delimitation of the territorial sea between states with adjacent or opposite coasts

Where the coasts of two states are adjacent or face, neither of these states shall be entitled, unless otherwise agreed between them, to extend its territorial sea beyond the midline, all points of which are equidistant from the points Closest to the baselines from which the width of the territorial sea of each of the two states is measured. This provision does not, however, apply where, due to the existence of historical titles or other special circumstances, it is necessary to delimit otherwise the territorial sea of the two states.

Art. 16 Charts and lists of geographical coordinates

1. The baselines from which the width of the territorial sea is measured according to Art. 7, 9 and 10 or the resulting limits and delineation lines drawn in accordance with s. 12 and 15 are shown on charts at the appropriate scale to determine their location. Otherwise, a list of geographical coordinates of points specifying the geodesic system used can be substituted.

2. The coastal State shall give the appropriate publicity to the maps or lists of geographical coordinates and shall file a copy with the Secretary-General of the United Nations.

Section 3 Harmful passage in the territorial sea

Subsection A Rules applicable to all ships

Art. 17 Right of safe passage

Subject to the Convention, ships of all States, coastal or landlocked, shall enjoy the right of safe passage in the territorial sea.

Art. 18 Meaning of the term "passage"

"Passage" means sailing in the territorial sea for the purpose of:

(a)
Cross without entering inland waters or stop at a harbour or port facility outside of inland waters; or
(b)
To return to or from inland waters, or to stop at such a harbour or port facility, or to leave.

2. The passage must be continuous and rapid. However, the crossing shall include stopping and anchoring, but only if they constitute ordinary incidents of navigation or are required as a result of a case of force majeure or distress or in order to provide relief to persons, ships Or aircraft in danger or in distress.

Art. 19 Meaning of "safe passage"

1. The passage is harmless as long as it does not affect the peace, order or security of the coastal state. It must be carried out in accordance with the provisions of the Convention and other rules of international law.

2. The passage of a foreign ship shall be considered to be prejudicial to the peace, order or security of the coastal State if, in the territorial sea, that ship engages in any of the following activities:

(a)
Threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State or in any other way contrary to the principles of international law set out in the Charter of the United Nations;
(b)
Exercise or manoeuvre with weapons of any type;
(c)
Collection of information to the detriment of the defence or security of the coastal State;
(d)
Propaganda aimed at undermining the defence or security of the coastal State;
(e)
Launch, bridging or boarding of aircraft;
(f)
Launching, laying or boarding of military equipment;
(g)
Embarkation or disembarkation of goods, funds or persons contrary to customs, tax, health or immigration laws and regulations of the coastal State;
(h)
Deliberate and serious pollution, in violation of the Convention;
(i)
Fishing;
(j)
Research or surveys;
(k)
Disruption of the operation of any communication system or other equipment or installation of the coastal State;
(l)
Any other activity that is not directly related to the crossing.
Art. Submarine and other submersible vehicles

In the territorial sea, submarines and other submersible vehicles are required to sail on the surface and to fly their flag.

Art. Laws and regulations of the coastal State relating to the safe passage

1. The coastal State may adopt, in accordance with the provisions of the Convention and other rules of international law, laws and regulations relating to the safe passage in its territorial sea, which may address the following questions:

(a)
Safety of navigation and regulation of maritime traffic;
(b)
Protection of aids to navigation equipment and systems and other equipment or installations;
(c)
Cable and pipeline protection;
(d)
Conservation of biological resources of the sea;
(e)
Prevention of infringements of the laws and regulations of the coastal State relating to fishing;
(f)
Preservation of the coastal environment and prevention, reduction and control of its pollution;
(g)
Marine scientific research and hydrographic surveys;
(h)
Prevention of infringements of the laws and customs, tax, health or immigration regulations of the coastal state.

2. These laws and regulations do not apply to the design, construction or arming of foreign vessels, unless they give effect to generally accepted international rules or standards.

3. The coastal State shall give the necessary publicity to these laws and regulations.

4. Foreign vessels exercising the right of safe passage in the territorial sea shall comply with these laws and regulations, as well as all generally accepted international regulations relating to the prevention of collisions at sea.

Art. Traffic systems and devices for the separation of traffic in the territorial sea

1. The coastal State may, where the safety of navigation requires it, require foreign vessels which exercise the right of safe passage in its territorial sea to take the routes of circulation designated by it and respect the Traffic separation devices prescribed by it for the regulation of the passage of vessels.

2. In particular, tankers, nuclear-powered vessels and ships carrying radioactive substances or substances or other inherently dangerous or harmful substances may be required to borrow only those Traffic lanes.

When designating traffic lanes and prescribes devices for the separation of traffic under this Article, the coastal State shall take into account:

(a)
Recommendations of the competent international organization;
(b)
All channels used routinely for international marine navigation;
(c)
Specific characteristics of certain vessels and channels; and
(d)
The density of traffic.

4. The coastal State shall clearly indicate these traffic lanes and traffic separation devices on nautical charts to which it shall give the appropriate publicity.

Art. Non-nuclear-powered foreign vessels and ships carrying radioactive or other inherently dangerous or harmful substances

Foreign nuclear-powered vessels, as well as those carrying radioactive substances or other inherently dangerous or harmful substances, shall be obliged, when exercising their right of safe passage in the territorial sea, To be in possession of the documents and to take the special precautionary measures provided for in international agreements for these vessels.

Art. 24 Obligations of the coastal State

1. The coastal State shall not hinder the safe passage of foreign vessels in the territorial sea, outside the cases provided for by the Convention. In particular, when applying the Convention or any law or regulation adopted in accordance with the Convention, the coastal State shall not:

(a)
Impose obligations on foreign vessels that have the effect of preventing or restricting the exercise of the right of safe passage of such vessels;
(b)
To discriminate in law or in fact against ships of a specified State or ships carrying goods to or from a specified State or on behalf of a particular State.

2. The coastal State shall indicate by adequate publicity any danger to navigation in its territorial sea of which it is aware.

Art. 25 Rights of protection of the coastal State

The coastal State may, in its territorial sea, take the necessary measures to prevent any passage that is not harmless.

2. With regard to ships travelling to inland waters or to a port facility outside these waters, the coastal State shall also have the right to take the necessary measures to prevent any violation of the conditions To which the admission of such vessels in these waters or port facility is subject.

The coastal State may, without establishing any discrimination of law or de facto between foreign vessels, temporarily suspend, in specified areas of its territorial sea, the exercise of the right of safe passage of foreign vessels, if This measure is essential to ensure its safety, inter alia, to enable it to carry out arms exercises. The suspension only takes effect after having been duly published.

Art. 26 Perceived fees on foreign vessels

1. It cannot be levied on foreign vessels because of their mere passage into the territorial sea.

2. No duty may be levied on a foreign ship passing through the territorial sea or in compensation for specific services rendered to that ship. These rights are collected in a non-discriminatory manner.

Subsection B Rules applicable to merchant ships and state ships used for commercial purposes

Art. 27 Criminal court on board a foreign ship

1. The coastal State should not exercise its criminal jurisdiction on board a foreign ship passing through the territorial sea to arrest or carry out acts of investigation as a result of a criminal offence committed on board The crossing, except in the following cases:

(a)
Whether the consequences of the infringement extend to the coastal State;
(b)
Whether the offence is likely to disturb the peace of the country or order in the territorial sea;
(c)
Whether the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular official of the flag State; or
(d)
Whether such measures are necessary for the suppression of the illicit traffic in narcotic drugs or psychotropic substances.

2. Le par. 1 shall not affect the right of the coastal State to take any measures provided for by its domestic law with a view to making arrests or acts of instruction on board a foreign ship which passes into the territorial sea after leaving Inland waters.

3. In the cases provided for in s. 1 and 2, the coastal State shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State in advance of any action and shall facilitate the contact between that agent and the crew of the Vessel. However, in the event of an emergency, such notification may be made while the measures are in progress.

4. When considering the desirability and modalities of the arrest, the local authority shall take due account of the interests of navigation.

(5) Except in accordance with Part XII or in the event of an infringement of laws and regulations adopted in accordance with Part V, the coastal State shall not take any measure on board a foreign ship which passes into the territorial sea for the purpose of carrying out a Arrest or acts of investigation as a result of a criminal offence committed before the ship's entry into the territorial sea if the ship, originating from a foreign port, only passes through the territorial sea without entering the waters Internal.

Art. 28 Civil Jurisdiction in Respect of Foreign Ships

1. The coastal State should not stop or divert a foreign ship passing through the territorial sea to exercise its civil jurisdiction in respect of a person on board.

2. The coastal State may not take enforcement action or protective measures in civil matters in respect of that ship, except by reason of obligations incurred or liabilities incurred by the ship in the course of or in view of its passage In coastal waters.

3. Le par. 2 shall not affect the right of the coastal State to take the implementing measures or the protective measures in civil matters provided for by its domestic law in respect of a foreign ship that statiates in the territorial sea or passes through the Territorial sea after leaving inland waters.

Subsection C Rules applicable to warships and other ships of State for non-commercial purposes

Art. Definition of "warship"

For the purposes of the Convention, "warship" means any ship that is part of the armed forces of a State and bears the distinctive outer marks of the military vessels of its nationality, which is placed under the command of an officer of In the service of that State and placed on the list of officers or an equivalent document, and whose crew is subject to the rules of military discipline.

Art. Preservation by a warship of the laws and regulations of the coastal State

If a warship does not comply with the laws and regulations of the coastal State relating to the passage into the territorial sea and, in addition to the request made to comply with it, the coastal State may require that the ship immediately leave the sea Territorial.

Art. Responsibility of the flag State as a result of a warship or other state ship

The flag State shall bear the international responsibility for any loss or damage caused to the coastal State as a result of non-compliance by a warship or by any other state ship used for non-commercial purposes of the laws and regulations Of the coastal State relating to the passage into the territorial sea or the provisions of the Convention or other rules of international law.

Art. 32 Immunities from warships and other non-commercial ships of state

Subject to the exceptions set out in Subsection A and ss. 30 and 31, none of the provisions of the Convention affect the immunities enjoyed by warships and other non-commercial ships of State.

Section 4 Contiguous area

Art. 33 Contiguous

In a zone contiguous to its territorial sea, designated as a contiguous zone, the coastal State may exercise the necessary control in order to:

(a)
To prevent infringements of its customs, tax, health or immigration laws and regulations in its territory or in its territorial sea;
(b)
To suppress infringements of the same laws and regulations committed on its territory or in its territorial sea.

2. The contiguous zone shall not extend beyond 24 nautical miles from the baselines from which the width of the territorial sea is measured.

Part III International Navigation straits

Section 1 General provisions

Art. 34 Legal regime for the waters of straits used for international navigation

1. The regime of passage through the straits used for the international navigation established by this Part shall not affect any other respect for the legal regime of the waters of those straits or the exercise by the riparian states of their sovereignty or Their jurisdiction over these waters, the corresponding seabed and subsoil, and the underlying airspace.

2. The States bordering the straits shall exercise their sovereignty or their jurisdiction under the conditions laid down in the provisions of this Part and the other rules of international law.

Art. 35 Scope of this Part

Nothing in this Part shall affect:

(a)
The inland waters forming part of a strait, except when the route of a straight base line established in accordance with the method described in Art. 7 includes in inland waters waters that were not previously considered to be such;
(b)
The legal regime of waters beyond the territorial sea of the states bordering the straits, whether they are part of an exclusive economic zone or of the high seas;
(c)
The legal regime for straits where the passage is regulated, in whole or in part, by existing long-standing international conventions that are still in force and are specifically aimed at them.
Art. 36 High-sea routes or routes through an exclusive economic zone in straits used for international navigation

This Part does not apply to international navigation straits that can be crossed by a high seas road or a road passing through an exclusive economic zone of comparable convenience from the point of view of Navigation and hydrographic characteristics; in respect of these routes, are applicable to other relevant parts of the Convention, including the provisions on freedom of navigation and overflight.

Section 2 Transit passage

Art. Scope of this section

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

Art. 38 Right of transit passage

1. In the straits referred to in s. 37, all ships and aircraft shall enjoy the right of passage in transit without hindrance, to this restriction that this right does not extend to the straits formed by the continental territory of a State and an island belonging to that State, where it exists Off the island a high seas road, or a road passing through an exclusive economic zone, of convenience from the point of view of navigation and hydrographic characteristics.

2. "Transit passage" means the exercise, in accordance with this Part, of the freedom of navigation and overflight for the sole purpose of continuous and rapid transit through the strait between a part of the high seas or an exclusive economic zone; and Another part of the high seas or an exclusive economic zone. However, the requirement of continuity and speed of transit does not prohibit passage through the strait to the territory of a coastal State, leave it or leave it, subject to the conditions of admission to the territory of that State.

(3) Any activity which does not fall within the scope of the right of transit through the straits shall remain subject to the other applicable provisions of the Convention.

Art. 39 Obligations of ships and aircraft during transit passage

1. In the exercise of the right of transit, ships and aircraft:

(a)
Cross or fly over the strait without delay;
(b)
Refrain from using the threat or use of force against the sovereignty, territorial integrity or political independence of the riparian states of the strait or in any other way contrary to the principles of international law stated The Charter of the United Nations;
(c)
Refrain from any activity other than those involved in continuous and rapid transit, in accordance with their normal mode of navigation, except in cases of force majeure or distress;
(d)
Comply with the other relevant provisions of this Part.

2. During transit, vessels shall comply with:

(a)
Generally accepted international regulations, procedures and practices for the safety of navigation, including the International Regulations for the Prevention of Collisions at Sea;
(b)
Generally accepted international regulations, procedures and practices to prevent, reduce and control pollution from ships.

3. During transit passage, aircraft shall:

(a)
Comply with air regulations established by the International Civil Aviation Organization that are applicable to civil aircraft, State aircraft shall normally comply with the security measures provided for in those regulations and shall operate in accordance with Taking due account, at all times, of the safety of navigation;
(b)
Continuously monitor the radio frequency assigned to them by the internationally designated competent authority for air traffic control, or the international frequency of distress.
Art. 40 Hydrographic Research and Surveys

During the transit passage, foreign vessels, including those assigned to marine scientific research or hydrographic surveys, shall not be used for research or surveys without the prior authorisation of States Riparian area.

Art. Traffic lanes and traffic separation devices in straits used for international navigation

1. In accordance with this Part, States bordering straits may, where the safety of ships in straits so require, designate traffic lanes and prescribe traffic separation devices.

2. These States may, where the circumstances so require and after having given appropriate publicity to that measure, designate new traffic lanes or prescribe new traffic separation devices in lieu of any route or Any device they had previously designated or prescribed.

3. Traffic lanes and traffic separation devices shall be in accordance with generally accepted international regulations.

4. Before designating or replacing traffic lanes or to prescribe or replace traffic separation devices, the States bordering the straits shall submit their proposals for adoption to the competent international organization. This organisation may adopt only the traffic lanes and the traffic separation devices which have been agreed with the riparian states, which may then designate them, prescribe or replace them.

5. When it is proposed to establish in a strait of traffic lanes or devices for the separation of traffic affecting the waters of several riparian states, the States concerned shall cooperate in formulating proposals in consultation with The competent international organization.

6. The states bordering the straits shall clearly indicate on nautical charts to which they shall give appropriate publicity all traffic lanes or devices for the separation of traffic which they have established.

During the transit passage, the vessels shall respect the traffic lanes and the traffic separation devices established in accordance with this Article.

Art. Laws and regulations of the states bordering the straits relating to transit passage

1. Subject to this section, States bordering a strait may adopt laws and regulations relating to the passage through the strait of:

(a)
The safety of navigation and the regulation of maritime traffic, as provided for in Art. 41;
(b)
The prevention, reduction and control of pollution by giving effect to the applicable international regulations for the release into the strait of hydrocarbons, residues of hydrocarbons and other harmful substances;
(c)
In relation to fishing vessels, the prohibition of fishing, including the regulation of the stowage of fishing gear;
(d)
Embarkation or disembarkation of goods, funds or persons contrary to customs, tax, health or immigration laws and regulations of the riparian states.

2. Such laws and regulations shall not entail any discrimination in law or de facto between foreign vessels or their application to prevent, restrict or impede the exercise of the right of transit passage as it is Defined in this section.

3. Riparian states shall give appropriate publicity to these laws and regulations.

4. Foreign vessels exercising the right of transit through the strait must comply with these laws and regulations.

5. In the event of a contravention of such laws and regulations or the provisions of this Part by a ship or aircraft enjoying sovereign immunity, the flag State of the ship or the State of registration of the aircraft shall bear the responsibility Of any loss or damage that may result for the riparian states.

Art. 43 Safety installations, aids to navigation and other equipment, and prevention, reduction and control of pollution

The user states of a strait and the riparian states should, by agreement, cooperate to:

(a)
Establishing and maintaining in the strait the necessary safety facilities and navigation aids, as well as other equipment intended to facilitate international navigation; and
(b)
Prevent, reduce and control pollution from ships.
Art. 44 Obligations of States Riparian Parties

The states bordering the straits shall not obstruct the passage in transit and shall indicate by adequate publicity any danger to navigation in the strait or the flyover of the strait of which they are aware. The exercise of the right of transit passage cannot be suspended.

Section 3 Harmful passage

Art. 45 Harmless passage

1. The safe passage regime set out in Section 3 of Part II applies to international navigation straits which:

(a)
Are excluded from the scope of the transit passage regime under s. 38, para. 1; or
(b)
Link the territorial sea of a State to a part of the high seas or to the exclusive economic zone of another State.

2. The exercise of the right of safe passage in such straits shall not be suspended.

Part IV archipelagos

Art. Use of terms

For the purposes of the Convention:

(a)
"Archipelago" means a state consisting entirely of one or more archipelagos and possibly other islands;
(b)
"Archipelago" means a set of islands, including parts of islands, adjacent waters and other natural features that have such close relationships that they are intrinsically geographical, economic and political, or which Are historically considered to be such.
Art. Archipelagic baselines

1. An archipelago nation can draw straight archipelagic baselines linking the extreme points of the outermost islands and the discovered reefs of the archipelago, provided that the route of these basic lines includes the main islands and Define an area where the ratio of the area of water to that of the lands, including atolls, is between 1: 1 and 9:1.

2. The length of these baselines shall not exceed 100 nautical miles, however, a maximum of 3 % of the total number of baselines around a given archipelago may be longer than 125 nautical miles.

3. The route of these basic lines should not deviate significantly from the general outline of the archipelago.

4. These baselines shall not be drawn to or from the discoverable shoals, unless there have been any permanent headlights or similar installations that have been built or the high ground is wholly or partly located at A distance from the nearest island not exceeding the width of the territorial sea.

5. An archipelago nation cannot apply the method of tracing these baselines in such a way that the territorial sea of another State is cut off from the high seas or from an exclusive economic zone.

6. If a part of the archipelagic waters of an archipelago state is situated between two parts of the territory of a neighbouring State, the rights and all legitimate interests which the latter State traditionally claims in those waters, as well as all Rights deriving from agreements concluded between the two States, remain and are respected.

7. For the purpose of calculating the ratio of the area of water to the area of the land set out in s. 1, may be considered to be part of the waters below the fringing reefs bordering the islands and atolls, as well as any part of an oceanic plateau with steep sides entirely or almost entirely surrounded by a Chain of limestone islands and discovered reefs.

8. The baselines plotted in accordance with this section shall be shown on charts at the appropriate scale to determine its location. Lists of geographic coordinates of points specifying the geodesic system used may be substituted for these maps.

The State shall give the necessary publicity to the maps or lists of geographical coordinates and shall file a copy with the Secretary-General of the United Nations.

Art. 48 Measures of the width of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf

The width of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf is measured from the archipelagic baselines in accordance with Art. 47.

Art. Legal regime for archipelagic waters and overlying airspace and associated seabed and subsoil

1. The sovereignty of the State archipelago extends to waters below the archipelagic basic lines drawn up in accordance with Art. 47, referred to as archipelagic waters, regardless of their depth or remoteness from the coast.

2. This sovereignty extends to the airspace over archipelagic waters, as well as to the seabed and the corresponding subsoil, and to the resources therein.

3. This sovereignty shall be exercised under the conditions laid down in this Part.

4. The regime of the archipelagic passage established by this Part does not affect any other regard for the legal regime of archipelagic waters, including the routes of circulation, nor the exercise by the State archipelago of its sovereignty over those waters, The underlying airspace, the bottom of these waters and the corresponding subsoil, and the resources therein.

Art. 50 Inland water delimiting

Within its archipelagic waters, the state can draw closure lines to delimit its inland waters, in accordance with art. 9, 10 and 11.

Art. Existing agreements, traditional fishing rights and submarine cables already in place

1. Without prejudice to s. 49, archipelagos comply with existing agreements concluded with other states and recognise the traditional fishing rights and legitimate activities of the neighbouring states in certain areas forming part of their archipelagic waters. The conditions and arrangements for the exercise of such rights and activities, including their nature, extent and the areas in which they are exercised, shall, at the request of any of the States concerned, be defined by means of bilateral agreements Concluded between these States. Such rights may not be transferred or shared for the benefit of third States or their nationals.

2. The archipelagos respect the submarine cables already in place that have been laid by other states and pass through their waters without touching the shore. They authorize the maintenance and replacement of these cables after being notified of their location and of the proposed maintenance or replacement.

Art. Right of safe passage

1. Subject to s. 53 and without prejudice to art. 50, the vessels of all States shall enjoy in the archipelagic waters the right of safe passage as defined in Section 3 of Part II.

2. The State archipelago may, without establishing any discrimination of law or fact between foreign vessels, temporarily suspend, in specified areas of its archipelagic waters, the exercise of the right of safe passage of foreign vessels Whether this measure is necessary to ensure its safety. The suspension shall take effect only after being duly published.

Art. Archipelagic right of way

1. In its archipelagic waters and the adjacent territorial sea, the State archipelago may designate traffic lanes and, in the airspace overlying these routes, air routes which permit the continuous and rapid passage of vessels or Foreign aircraft.

2. All ships and aircraft shall enjoy the right of archipelagic passage through these traffic lanes and air routes.

"Archipelagic passage" means the unimpeded exercise by ships and aircraft, in accordance with their normal mode of navigation and in accordance with the Convention, of the rights of navigation and overflight, solely at the end of a continuous and rapid transit between Point of the high seas or an exclusive economic zone and another point of the high seas or an exclusive economic zone.

4. These traffic lanes and routes through archipelagic waters and the adjacent territorial sea or the overlying airspace shall include all roads normally used for international navigation in waters Archipelagic and overlying airspace; traffic lanes shall follow all channels normally used for navigation, it being understood that there is no need to establish between a given point of entry and a given exit point Comparable channels of convenience.

5. These traffic lanes and routes are defined by a series of continuous axial lines joining their points of entry at the exit points. During their passage, ships and aircraft shall not depart more than 25 nautical miles from these axial lines, on the understanding that they shall not sail at a distance of the coast less than the tenth of the distance between the most Close to the islands bordering a traffic lane.

The State archipelago which designates traffic lanes pursuant to this Article may also prescribe traffic separation devices to ensure the safety of the passage of vessels using narrow channels within these channels.

7. When the circumstances so require, the State archipelago may, after giving such publicity to that measure, designate new traffic lanes or prescribe new devices for the separation of traffic in lieu of all routes or Any devices previously established by the person.

8. These traffic lanes and traffic separation devices must comply with generally accepted international regulations.

9. When designating or replacing traffic lanes or prescribes or replaces traffic separation devices, the State shall submit its proposals for adoption to the competent international organization. Such an organization may adopt only the traffic lanes and traffic separation devices which may have been agreed with the Archipelago, which may then be designated, prescribed or replaced by the State.

The State shall clearly indicate on nautical charts to which it shall give the appropriate publicity the axial lines of the traffic lanes which it designates and the traffic separation devices it prescribes.

11. During the archipelagic passage, the vessels shall respect the traffic lanes and the traffic separation devices established in accordance with this Article.

12. If the State archipelago has not designated a route of traffic or of air routes, the right of archipelagic passage may be exercised by using the routes and routes normally used for international navigation.

Art. Obligations of ships and aircraft during their passage, hydrographic research and surveys, obligations of archipelagos and laws and regulations of the State archipelago concerning the archipelagic passage

Art. 39, 40, 42 and 44 apply Mutatis mutandis Archipelagic passage.

Part V Exclusive Economic Zone

Art. Special legal regime of the exclusive economic zone

The exclusive economic zone is an area beyond the territorial sea and adjacent to it, subject to the special legal regime established by this Part, by virtue of which the rights and jurisdiction of the coastal State and the rights and The freedoms of other States are governed by the relevant provisions of the Convention.

Art. 56 Rights, jurisdiction and obligations of the coastal State in the exclusive economic zone

1. In the exclusive economic zone, the coastal State shall:

(a)
Sovereign rights for the purposes of exploration and exploitation, conservation and management of natural, biological or non-biological resources, waters overlying the seabed, seabed and subsoil, as well as Concerns other activities for the exploration and exploitation of the zone for economic purposes, such as the production of energy from water, currents and winds;
(b)
Jurisdiction, in accordance with the relevant provisions of the Convention, as regards:
(i)
The establishment and use of artificial islands, installations and works,
(ii)
Marine scientific research,
(iii)
Protection and preservation of the marine environment;
(c)
Other rights and obligations under the Convention.

2. Where, in the exclusive economic zone, it exercises its rights and fulfils its obligations under the Convention, the coastal State shall take due account of the rights and obligations of other States and shall act in a manner consistent with the Convention.

3. The rights in respect of the seabed and subsoil set out in this section shall be exercised in accordance with Part VI.

Art. 57 Exclusive Economic Zone Width

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the width of the territorial sea is measured.

Art. Rights and obligations of other States in the exclusive economic zone

1. In the exclusive economic zone, all States, whether coastal or landlocked, shall enjoy, under the conditions laid down in the relevant provisions of the Convention, the freedoms of navigation and overflight and the freedom to lay down Subsea cables and pipelines referred to in s. 87, as well as the freedom to use the sea for other internationally licit purposes related to the exercise of those freedoms and compatible with the other provisions of the Convention, in particular in the context of the operation of ships, aircraft and Submarine cables and pipelines.

2. Art. 88 to 115, as well as other relevant rules of international law, apply to the exclusive economic zone in so far as they are not inconsistent with this Part.

3. Where, in the exclusive economic zone, they exercise their rights and fulfil their obligations under the Convention, States shall take due account of the rights and obligations of the coastal State and shall respect the laws and regulations Adopted by the latter in accordance with the provisions of the Convention and, to the extent that they are not incompatible with this Part, to other rules of international law.

Art. Basis for dispute settlement in the event that the Convention does not confer rights or jurisdiction within the exclusive economic zone

In cases where the Convention does not assign rights or jurisdiction, within the exclusive economic zone, to the coastal State or to other States and where there is a conflict between the interests of the coastal State and those of one or more other States, That conflict should be resolved on the basis of fairness and in all relevant circumstances, given the importance of the interests involved for the various parties and for the international community as a whole.

Art. 60 Artificial islands, installations and works in the exclusive economic zone

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

(a)
Artificial islands;
(b)
Facilities and works for the purposes of s. 56 or for other economic purposes;
(c)
Facilities and works which may hinder the exercise of the rights of the coastal State in the area.

2. The coastal State has exclusive jurisdiction over these artificial islands, installations and works, including customs, tax, health, security and immigration laws and regulations.

3. The construction of these artificial islands, installations and works shall be duly notified and the maintenance of permanent means to indicate their presence shall be ensured. Abandoned or abandoned installations or works shall be removed in order to ensure the safety of navigation, taking into account the generally accepted international standards established in the matter by the competent international organization. Their removal shall be carried out with due regard also to fishing, protection of the marine environment and the rights and obligations of other States. Adequate publicity is given to the position, dimensions and depth of the remaining elements of a facility or structure that has not been completely removed.

4. The coastal State may, if necessary, establish around these artificial islands, installations or structures of reasonable security zones in which it may take appropriate measures to ensure the safety of navigation Such as that of artificial islands, installations and works.

5. The coastal State shall set the width of the security zones in accordance with the applicable international standards. These safety zones shall be designed to provide a reasonable response to the nature and functions of artificial islands, installations and structures and shall not extend over a distance of more than 500 metres around the artificial islands, Installations or works, measured from each point on their external edge, unless otherwise permitted by international standards generally accepted or recommended by the competent international organization. The scope of the security zones shall be duly notified.

6. All vessels must respect these safety zones and comply with generally accepted international standards for navigation in artificial islands, installations, structures and safety zones.

7. It shall not be possible to set up artificial islands, installations or works or establish safety zones at their entor, where this may hinder the use of recognised traffic lanes which are essential for international navigation.

8. The artificial islands, installations and works do not have the status of islands. They do not have their own territorial sea and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.

Art. 61 Conservation of biological resources

1. The coastal State shall determine the permissible volume of catches in respect of biological resources in its exclusive economic zone.

2. The coastal state, taking into account the most reliable scientific data available to it, takes appropriate conservation and management measures to ensure that the maintenance of the biological resources of its exclusive economic zone is not compromised By over-exploitation. The coastal State and relevant international organizations, sub-regional, regional or global, cooperate as appropriate for this purpose.

3. These measures are also intended to maintain or restore stocks of exploited species at levels that ensure maximum sustainable yield, having regard to the relevant ecological and economic factors, including the economic needs of Fishing coastal communities and the special needs of developing States, and taking into account fishing methods, the interdependence of stocks and all international minimum standards generally recommended in the Sub-regional, regional or global plan.

4. When taking such measures, the coastal State shall take into account their effects on species associated with or dependent on species exploited in order to maintain or restore stocks of these associated or dependent species to a level Such that their reproduction is not likely to be seriously compromised.

5. Available scientific information, catch and fishing effort statistics and other data on the conservation of fish stocks shall be disseminated and exchanged regularly through the Competent international organisations, sub-regional, regional or global, where appropriate, with the participation of all the States concerned, in particular those whose nationals are authorised to fish in the exclusive economic zone.

S. 62 Exploitation of biological resources

1. The coastal State shall set itself the objective of promoting optimum exploitation of the biological resources of the exclusive economic zone, without prejudice to art. 61.

2. The coastal state determines its capacity to exploit the biological resources of the exclusive economic zone. If this operating capacity is less than the total allowable catch volume, it shall authorise other States, by means of agreements or other arrangements and in accordance with the terms and conditions and the laws and regulations referred to in subs. 4, to exploit the balance of the eligible volume; in doing so, it takes particular account of art. 69 and 70, in particular with regard to the developing States targeted by them.

3. When granting other States access to its exclusive economic zone under this Article, the coastal State shall take into account all relevant factors, inter alia: the importance that the biological resources of the area present for its Economy and its other national interests, s. 69 and 70, the needs of developing States in the region or sub-region with regard to the exploitation of part of the residue, and the need to minimize economic disruption in States whose nationals Usually fish in the area or who have contributed significantly to the research and inventory inventory.

4. Nationals of other States fishing in the exclusive economic zone shall comply with conservation measures and other terms and conditions laid down by the laws and regulations of the coastal State. These laws and regulations must be compatible with the Convention and may include, inter alia:

(a)
The issuing of licences to fishermen or for vessels and fishing gear, including the payment of rights or any other consideration which, in the case of developing coastal States, may consist of an adequate contribution to the financing, to Equipment and technical development of the fishing industry;
(b)
Indication of species for which fishing is authorised and the establishment of quotas, either for stocks or groups of particular stocks or for catches by ship for a given period of time, or for catches by nationals of a State Over a period of time;
(c)
Regulation of fishing areas and areas, of the type, size and number of gear, and of the type, size and number of fishing vessels that can be used;
(d)
Determination of the age and size of fish and other organisms that may be fished;
(e)
Information required of fishing vessels, including statistics on catches and fishing effort and communication of the position of vessels;
(f)
Obligation to conduct, with the authorisation and under the control of the coastal State, research programmes determined on the fisheries and regulation of the conduct of such research, including the sampling of catches, the destination of the Samples and the communication of related scientific data;
(g)
Placement by the coastal State of observers or trainees on board such vessels;
(h)
Unloading all or part of the catches of these vessels in the ports of the coastal State;
(i)
Terms and conditions relating to joint ventures or other forms of cooperation;
(j)
Requirements for staff training and technology transfer in the fisheries sector, including the strengthening of coastal state fisheries research capacity;
(k)
Enforcement actions.

5. The coastal State shall give due notice of the laws and regulations it adopts in the field of conservation and management.

S. 63 Fish stocks in the exclusive economic zones of several coastal states or both in the exclusive economic zone and in an area adjacent to the zone

1. Where the same stock of fish or stocks of associated species are found in the exclusive economic zones of several coastal States, those States shall endeavour, directly or through subregional or regional organizations Agree on the measures necessary to coordinate and ensure the conservation and development of these stocks, without prejudice to the other provisions of this Part.

2. Where the same stock of fish or stocks of associated species are found both in the exclusive economic zone and in an area adjacent to the zone, the coastal State and the States exploiting those stocks in the adjacent sector shall endeavour, Directly or through appropriate subregional or regional organizations, to agree on the measures necessary for the conservation of these stocks in the adjacent sector.

Art. 64 Highly Migratory

1. The coastal State and other States whose nationals are engaged in the fishing of highly migratory species listed in Annex I shall cooperate, directly or through the appropriate international organisations, in order to To ensure the conservation of the species in question and to promote the optimal exploitation of these species throughout the region, both in the exclusive economic zone and beyond. In regions where there is no suitable international organisation, the coastal State and the other states whose nationals exploit these species in the region cooperate to establish such an organisation and participate in its Jobs.

2. Le par. 1 applies in addition to the other provisions of this Part.

Art. Marine Mammals

Nothing in this Part shall restrict the right of a coastal State to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in this Part, or possibly the jurisdiction of a International organization to do this. States shall cooperate with a view to the protection of marine mammals and, through appropriate international organizations, shall, in particular, protect, manage and study cetaceans.

Art. 66 Anadromous fish stocks

1. States in rivers where anadromous fish stocks breed are the first to be interested in, and are primarily responsible for, fish stocks.

2. A State of origin of anadromous fish stocks shall ensure their conservation by the adoption of appropriate measures to regulate fishing in all waters below the outer limits of its exclusive economic zone, As well as the fishery referred to in s. 3, let. (b). The State of origin may, after consulting the other States referred to in s. 3 and 4 who exploit these stocks, determine the total allowable catch of fish from its rivers.

3. A)
Anadromous fish stocks may be fished only in waters below the outer limits of the exclusive economic zones, except where the application of this provision would cause economic disruption to a State other than the State of origin. With regard to fishing beyond the limits of the exclusive economic zones, the States concerned shall consult each other with a view to agreeing on the terms and conditions of this fishery, taking due account of the requirements of conservation And the needs of the State of origin in respect of the stocks in question.
(b)
The State of origin shall contribute to the reduction to a minimum of economic disturbances in the other States exploiting these species, taking into account the normal catches of those States and the way in which they exploit these stocks and of all Sectors where they are exploited.
(c)
The states referred to in the letter. (b) participating, by agreement with the State of origin, in measures to ensure the renewal of anadromous fish stocks, in particular by contributing to the financing of these measures, are specially taken into account by The State of origin in relation to the exploitation of species originating in its rivers.
(d)
The application of the rules concerning anadromous fish stocks beyond the exclusive economic zone shall be ensured by agreement between the State of origin and the other States concerned.

4. When stocks of anadromous fish migrate to waters or pass through waters below the outer limits of the exclusive economic zone of a State other than the State of origin, that State shall cooperate with the State of origin for conservation And the management of these stocks.

5. The State of origin of anadromous fish stocks and the other States fishing for such fish shall enter into arrangements for the application of this Article, where appropriate, through organizations Regional.

Art. 67 Catafield species

1. A coastal state in which catadromous species pass most of their existence is responsible for the management of these species and ensures that migratory fish can enter and leave them.

2. The catadromous species shall be operated only in waters below the outer limits of the exclusive economic zones. In exclusive economic zones, exploitation shall be governed by this Article and the other provisions of the Convention relating to fishing in those areas.

3. In cases where the catadromous fish, whether or not they have reached the stage of maturation, migrate through the exclusive economic zone of another State, the management of these fish, including their exploitation, is regulated by agreement Between the State referred to in paragraph 1. 1 and the other State concerned. This agreement shall ensure the rational management of the species concerned and take account of the responsibilities of the State referred to in paragraph 2. 1 concerning the conservation of these species.

Art. 68 Sedentary species

This Part does not apply to sedentary species, as defined in s. 77, para. 4.

Art. 69 Right of landlocked States

1. A landlocked State shall have the right to participate, in a fair manner, in the exploitation of an appropriate share of the balance of the biological resources of the exclusive economic zones of the coastal States of the same sub-region or region, taking into account The relevant economic and geographical characteristics of all States concerned and in accordance with this Article and Art. 61 and 62.

2. The terms and conditions of such participation shall be adopted by the States concerned by means of bilateral, subregional or regional agreements, taking into account inter alia:

(a)
The need to avoid any adverse effects on fishing communities or the fishing industry of coastal States;
(b)
The extent to which the landlocked State, in accordance with this Article, participates or has the right to participate, under existing bilateral, subregional or regional agreements, in the exploitation of the biological resources of the zones Exclusive economic activities of other coastal States;
(c)
The extent to which other landlocked States or geographically disadvantaged States are already involved in the exploitation of the biological resources of the exclusive economic zone of the coastal State and the need to avoid imposing such resources A particularly heavy burden on coastal states or in such a region;
(d)
The food needs of the population of the States concerned.

3. Where the fishing capacity of a coastal State would enable it almost to achieve by itself the total allowable catch for the exploitation of the biological resources of its exclusive economic zone, that State and the other States Cooperation with a view to concluding equitable bilateral, subregional or regional arrangements allowing landlocked developing States in the same region or sub-region to participate in the exploitation of biological resources of the The exclusive economic zones of the coastal States of the subregion or region, according to the Appropriate, having regard to the circumstances and to satisfactory conditions for all parties. For the purposes of this provision, account shall also be taken of the factors mentioned in subs. 2.

4. The landlocked developed States shall have the right to participate in the exploitation of biological resources under this Article only in the exclusive economic zones of developed coastal States of the same sub-region or region, taking into account the The extent to which the coastal State, by giving access to the biological resources of its exclusive economic zone to other States, took into account the need to reduce to a minimum the detrimental effects on fishing communities As well as economic disturbances in states whose nationals practise Usually fishing in the area.

5. The preceding provisions shall apply without prejudice to arrangements which may be made in sub-regions or regions where coastal States may grant landlocked States of the same sub-region or region of equal rights, or Preference for the exploitation of the biological resources of their exclusive economic zone.

Art. Right of geographically disadvantaged States

(1) The geographically disadvantaged States shall have the right to participate, in a fair manner, in the exploitation of an appropriate share of the biological resources of the exclusive economic zones of the coastal States of the same subregion or Region, taking into account the relevant economic and geographical characteristics of all States concerned and in accordance with this Article and Art. 61 and 62.

2. For the purposes of this Part, the term "geographically disadvantaged States" means coastal States, including those in the vicinity of a closed or semi-closed sea, that their geographical location depends on the exploitation of the Biological resources of the exclusive economic zones of other States in the subregion or region for a sufficient supply of fish for the feeding of their population or part of their population, as well as coastal States Which cannot claim an exclusive exclusive economic zone.

3. The terms and conditions of such participation shall be adopted by the States concerned by means of bilateral, subregional or regional agreements, taking into account inter alia:

(a)
The need to avoid any adverse effects on fishing communities or the fishing industry of coastal States;
(b)
The extent to which the geographically disadvantaged State, in accordance with this Article, participates or has the right to participate, under existing bilateral, subregional or regional agreements, in the exploitation of the biological resources of the Exclusive economic zones of other coastal States;
(c)
The extent to which other geographically disadvantaged States and landlocked States are already involved in the exploitation of the biological resources of the exclusive economic zone of the coastal State and the need to avoid imposing such resources A particularly heavy burden on coastal states or in such a region;
(d)
The food needs of the population of the States concerned.

4. Where the fishing capacity of a coastal State would enable it almost to achieve the total allowable catch for the exploitation of the biological resources of its exclusive economic zone, that State and the others States concerned shall cooperate with a view to concluding equitable bilateral, subregional or regional arrangements enabling the geographically disadvantaged developing States of the same sub-region or region to participate in the exploitation of the Biological resources of the exclusive economic zones of the coastal States of the subregion or Region, as appropriate, having regard to the circumstances and conditions satisfactory to all parties. For the purposes of this provision, account shall also be taken of the factors mentioned in subs. 3.

5. Developed geographically disadvantaged States shall have the right to participate in the exploitation of biological resources under this Article only in the exclusive economic zones of developed coastal States of the same sub-region or In view of the extent to which the coastal State, by giving access to the biological resources of its exclusive economic zone to other States, took into account the need to reduce to a minimum the adverse effects on Fishing communities as well as economic disturbances in states including Nationals usually fish in the area.

6. The preceding provisions shall apply without prejudice to arrangements which may be concluded in subregions or regions where coastal States may grant to geographically disadvantaged States in the same sub-region or region of the Equal or preferential rights to the exploitation of the biological resources of their exclusive economic zone.

Art. Cases where s. 69 and 70 are not applicable

Art. 69 and 70 do not apply to coastal states whose economies depend heavily on the exploitation of the biological resources of their exclusive economic zone.

Art. 72 Restrictions on the transfer of rights

1. The exploitation rights of the biological resources provided for in art. 69 and 70 may not be transferred directly or indirectly to third States or their nationals, either by way of lease or licence, or by the establishment of joint undertakings, or by virtue of any other arrangement having the effect of such Transfer, unless the States concerned agree otherwise.

2. The above provision does not prohibit the States concerned from obtaining technical or financial assistance from third States or international organisations in order to facilitate the exercise of their rights in accordance with art. 69 and 70, provided that this does not result in the effect referred to in s. 1.

Art. Enforcement of coastal State laws and regulations

1. In the exercise of its sovereign rights to explore, exploit, conserve and manage the biological resources of the exclusive economic zone, the coastal State may take all measures, including boarding, inspection, And the introduction of a judicial body, which is necessary to ensure compliance with the laws and regulations it has adopted in accordance with the Convention.

2. Where a surety or adequate security has been provided, the release of the seizure of which a ship would have been the object and the release of its crew shall be released without delay.

3. Sanctions provided by the coastal State for infringements of fishing laws and regulations in the exclusive economic zone may not include imprisonment unless the States concerned agree otherwise, or any other Corporal punishment.

4. In cases of seizure or detention of a foreign vessel, the coastal State shall, without delay, notify the flag State, through appropriate channels, of the measures taken and the penalties that would be imposed thereafter.

S. 74 Delimitation of the exclusive economic zone between states with adjacent or adjacent coastlines

(1) The delimitation of the exclusive economic zone between States whose coasts are adjacent or facing shall be effected by agreement in accordance with international law as referred to in Art. 38 of the Statute of the International Court of Justice 1 , in order to arrive at a fair solution.

2. If they fail to reach an agreement within a reasonable period of time, the States concerned shall use the procedures laid down in Part XV.

3. Pending the conclusion of the agreement referred to in paragraph 1. 1, the States concerned, in a spirit of understanding and cooperation, make every possible effort to conclude provisional arrangements of a practical nature and not to compromise or hinder during this transitional period the conclusion Of the Final Agreement. Interim arrangements shall be without prejudice to the final delimitation.

4. Where an agreement is in force between the States concerned, matters relating to the delimitation of the exclusive economic zone shall be settled in accordance with that agreement.


Art. 75 Charts and lists of geographical coordinates

Subject to this Part, the outer limits of the exclusive economic zone and the lines of delimitation drawn in accordance with Art. 74 are shown on charts at the appropriate scale to determine their location. Where appropriate, the delimitation of these outer limits or delimitation lines may be replaced by lists of geographical coordinates of points specifying the geodesic system used.

2. The coastal State shall give the appropriate publicity to the maps or lists of geographical coordinates and shall file a copy with the Secretary-General of the United Nations.

Part VI Continental Shelf

Art. 76 Definition of the continental shelf

1. The continental shelf of a coastal State comprises seabed and subsoil beyond its territorial sea, over the full extent of the natural extension of the land territory of that State to the outer edge of the continental margin, or Up to 200 nautical miles from the baselines from which the width of the territorial sea is measured, when the outer edge of the continental margin is at a lower distance.

2. The continental shelf does not extend beyond the limits provided for in subs. 4 to 6.

3. The continental margin is the submerged extension of the land mass of the coastal State; it is constituted by the seabed corresponding to the plateau, the slope and the glacis and their subsoil. It does not include large ocean botany, ocean ridges, or subsoil.

4. A)
For the purposes of the Convention, the coastal State shall define the outer edge of the continental margin, where it extends beyond 200 nautical miles from the baselines from which the width of the territorial sea is measured, by:
(i)
A line drawn according to par. 7 by reference to extreme fixed points where the thickness of the sedimentary rocks is equal to the hundredth at least the distance between the point considered and the foot of the continental slope; or
(ii)
A line drawn according to par. 7 by reference to fixed points at 60 nautical miles at the foot of the continental slope.
(b)
Unless proven otherwise, the toe of the continental slope coincides with the steepest slope failure at the base of the slope.

5. The fixed points which define the boundary line, on the seabed, the outer limit of the continental shelf, drawn in accordance with subs. 4, let. (a), (i) and (ii) are located either at a distance not exceeding 350 nautical miles from the baselines from which the width of the territorial sea is measured, or at a distance not exceeding 100 nautical miles from the 2500 metre isobath, which Is the line connecting the points of 2500 meters deep.

6. Notwithstanding s. 5, on a submarine ridge, the outer limit of the continental shelf does not exceed a line drawn 350 nautical miles from the baselines from which the width of the territorial sea is measured. This paragraph shall not apply to shoals which constitute natural elements of the continental margin, such as trays, thresholds, ridges, benches or eperons that it contains.

7. The coastal State shall set the outer limit of its continental shelf, when that plateau extends beyond 200 nautical miles from the baselines from which the width of the territorial sea is measured, by connecting with lines of a length Not exceeding 60 nautical miles from fixed points defined by longitude and latitude coordinates.

8. The coastal State shall provide information on the limits of its continental shelf, where it extends beyond 200 nautical miles from the baselines from which the width of the territorial sea is measured, to the Commission of The limits of the continental shelf established under Annex II on the basis of equitable geographical representation. The Commission shall make recommendations to coastal States on matters relating to the fixation of the outer limits of their continental shelf. The limits set by a coastal State on the basis of these recommendations are final and binding.

The coastal State shall provide to the Secretary-General of the United Nations relevant maps and information, including geodetic data, which shall permanently indicate the outer limit of its continental shelf. The Secretary-General shall give such documents the necessary publicity.

10. This article does not prejudge the question of the delimitation of the continental shelf between states with adjacent or adjacent coastlines.

Art. 77 Rights of the coastal State on the continental shelf

The coastal State exercises sovereign rights over the continental shelf for the purpose of its exploration and exploitation of its natural resources.

2. The rights referred to in s. 1 are exclusive in that if the coastal State does not explore the continental shelf or exploit its natural resources, no one can undertake such activities without his express consent.

3. The rights of the coastal State on the continental shelf are independent of the actual or fictitious occupation, as well as any express proclamation.

The natural resources referred to in this Part shall include the mineral and other non-biological resources of the seabed and their subsoil, as well as the living organisms that belong to the sedentary species, That is, organisms which, at the stage where they can be fished, are either immobile on the bottom or below the bottom, or unable to move otherwise than by remaining constantly in contact with the bottom or subsoil.

S. 78 Legal regime for the overlying waters and airspace and the rights and freedoms of other States

1. The rights of the coastal State on the continental shelf do not affect the legal regime of the overlying waters or the airspace above those waters.

2. The exercise by the coastal State of its rights in the continental shelf shall not prejudice the navigation or the rights and freedoms accorded to other States by the Convention, nor interfere with the exercise thereof in an unjustifiable manner.

Art. Submarine Cables and Pipelines on the Continental Shelf

1. All States shall have the right to lay cables and subsea pipelines on the continental shelf in accordance with this Article.

2. Subject to its right to take reasonable measures for the exploration of the continental shelf, the exploitation of its natural resources and the prevention, reduction and control of pollution by pipelines, the coastal State cannot Impede the installation or maintenance of these cables or pipelines.

3. The pipeline route on the continental shelf must be approved by the coastal State.

4. Nothing in this Part shall affect the right of the coastal State to establish conditions for cables or pipelines entering its territory or in its territorial sea, or its jurisdiction over cables and pipelines Installed or used in the exploration of its continental shelf or the exploitation of its resources, or the exploitation of artificial islands, installations or works within its jurisdiction.

5. When laying cables or subsea pipelines, States shall take due account of the cables and pipelines already in place. They shall in particular ensure that they do not compromise the possibility of repairing them.

Art. 80 Artificial islands, facilities and works on the continental shelf

Art. 60 applies, Mutatis mutandis , the artificial islands, installations and works located on the continental shelf.

Art. Forages on the continental shelf

The coastal State shall have the exclusive right to authorize and regulate drilling on the continental shelf, whatever the purpose.

Art. Contributions in cash or in kind for the operation of the continental shelf beyond 200 nautical miles

The coastal State shall pay contributions in cash or in kind for the exploitation of the non-biological resources of the continental shelf beyond 200 nautical miles from the baselines from which the width of the sea is measured Territorial.

2. Contributions are paid annually for all production at a given operating site, after the first five years of operation of this site. In the sixth year, the contribution rate is 1 % of the value or volume of production at the site. This rate then increases by one percentage point per year to grade 12, from which 7 % remains. The production does not include the resources used in the operation.

3. Any developing State which is a net importer of a mineral extracted from its continental shelf shall be exempt from such contributions in respect of that mineral.

4. Contributions shall be made by the Authority's channel, which shall be distributed among States Parties according to equitable sharing criteria, taking into account the interests and needs of developing States, in particular developing States, Less developed or landlocked.

Art. 83 Delimitation of the continental shelf between states with adjacent or adjacent coastlines

The delimitation of the continental shelf between States with adjacent or adjacent coastlines shall be effected by agreement in accordance with international law as referred to in Art. 38 of the Statute of the International Court of Justice 1 , in order to arrive at a fair solution.

2. If they fail to reach an agreement within a reasonable period of time, the States concerned shall use the procedures laid down in Part XV.

3. Pending the conclusion of the agreement referred to in paragraph 1. 1, the States concerned, in a spirit of understanding and cooperation, make every possible effort to conclude provisional arrangements of a practical nature and not to compromise or hinder during this transitional period the conclusion Of the Final Agreement. Interim arrangements shall be without prejudice to the final delimitation.

4. Where an agreement is in force between the States concerned, matters relating to the delimitation of the continental shelf shall be settled in accordance with that agreement.


Art. 84 Charts and lists of geographical coordinates

1. Subject to this Part, the outer limits of the continental shelf and the delineation lines drawn in accordance with Art. 83 are shown on charts at the appropriate scale to determine their location. Where appropriate, the delimitation of these outer limits or delimitation lines may be replaced by lists of geographical coordinates of points specifying the geodesic system used.

2. The coastal State shall give the necessary publicity to the maps or lists of geographical coordinates and shall file a copy with the Secretary-General of the United Nations and, in the case of those indicating the location of the limit From the continental shelf, to the Secretary-General of the Authority.

Art. 85 Creating Galleries

This Part does not affect the right of the coastal State to exploit the subsurface by excavating galleries, regardless of the depth of the water at the location.

Part VII High Seas

Section 1 General provisions

Art. 86 Scope of this Part

This Part applies to all parts of the sea that are not included in the Exclusive Economic Zone, Territorial Sea or Inland Waters of a State, or in archipelagic waters of an Archipelago State. This Article shall in no way restrict the freedoms enjoyed by all States in the exclusive economic zone under Art. 58.

Art. Freedom of the High Seas

1. The high seas are open to all states, whether coastal or landlocked. The freedom of the high seas is exercised under the conditions laid down in the provisions of the Convention and the other rules of international law. It includes, inter alia, states, whether coastal or landlocked:

(a)
Freedom of navigation;
(b)
Freedom of flight;
(c)
The freedom to lay submarine cables and pipelines, subject to Part VI;
(d)
The freedom to construct artificial islands and other facilities authorized by international law, subject to Part VI;
(e)
Freedom of fishing, subject to the conditions set out in Section 2;
(f)
Freedom of scientific research, subject to Parts VI and XIII.

(2) Each State shall exercise these freedoms by taking due account of the interest in the exercise of the freedom of the high seas for other States, as well as the rights recognized by the Convention concerning the activities carried out in the Area.

Art. Posting of the high seas for peaceful purposes

The high seas are for peaceful purposes.

Art. 89 Illlegitiousness of sovereignty claims on the high seas

No state can legitimately claim to submit any part of the high seas to its sovereignty.

Art. Navigation Right

Any State, whether coastal or landlocked, has the right to sail on the high seas of ships flying its flag.

Art. 91 Nationality of ships

(1) Each State shall lay down the conditions under which it shall submit its nationality to the vessels, the conditions for the registration of ships on its territory and the conditions required for them to have the right to fly its flag. Vessels possess the nationality of the State of which they are entitled to fly the flag. There must be a substantial link between the state and the ship.

2. Each State shall issue to the ships to which it has granted the right to fly its flag of documents to that effect.

Art. 92 Legal condition of vessels

Ships shall operate under the flag of a single State and shall be subject, except in exceptional cases expressly provided for in international treaties or by the Convention, to its exclusive jurisdiction on the high seas. No change of flag may occur during a journey or stopover, except in the case of actual transfer of ownership or change of registration.

2. A ship which navigates under the flags of several States, which it uses at its convenience, shall not, vis-à-vis any third State, take advantage of any of these nationalities and may be assimilated to a ship without nationality.

Art. 93 Ships flying the flag of the United Nations, the specialized agencies of the United Nations or the International Atomic Energy Agency

The previous articles do not prejudge the question of the ships assigned to the official service of the United Nations, its specialized agencies or the International Atomic Energy Agency flying the flag of the Organization.

Art. 94 Obligations of the flag State

1. Any State effectively exercises its jurisdiction and control in the administrative, technical and social fields on vessels flying its flag.

2. In particular any State:

(a)
Maintains a maritime register containing the names and characteristics of vessels flying its flag, with the exception of those who, because of their small size, are not covered by the generally accepted international regulations;
(b)
Exercises its jurisdiction in accordance with its domestic law on any ship flying its flag, as well as on the master, officers and crew for administrative, technical and social matters concerning the ship.

(3) Any State shall take in respect of ships flying its flag the measures necessary to ensure safety at sea, in particular as regards:

(a)
The ship's construction and equipment and its airworthiness;
(b)
The composition, working conditions and training of crews, taking into account the applicable international instruments;
(c)
The use of signals, the proper functioning of communications and prevention of collisions.

4. These measures include those necessary to ensure that:

(a)
Every ship is inspected, before it is entered in the register and, at a later time, at appropriate intervals, by a qualified maritime inspector, and has on board the nautical charts, nautical publications and the equipment and the equipment. Navigation instruments required by navigation safety;
(b)
Any ship is assigned to a master and to officers with the appropriate qualifications, in particular with respect to manoeuvring, navigation, communications and the conduct of the machinery, and that the crew possesses the qualifications Adequate and sufficient in relation to the type, size, machinery and equipment of the vessel;
(c)
The captain, the officers and, to the extent necessary, the crew know perfectly well and are obliged to comply with the applicable international rules concerning the protection of human life at sea, the prevention of collisions, the Prevention, reduction and control of pollution and the maintenance of radiocommunication services.

5. When taking the measures referred to in s. 3 and 4, each State is obliged to comply with generally accepted international rules, procedures and practices and to take all necessary steps to ensure compliance with them.

6. Any State which has serious grounds to believe that the appropriate jurisdiction and control over a ship has not been exercised may report the facts to the flag State. Once notified, the Agency conducts an investigation and, where appropriate, takes the necessary measures to remedy the situation.

7. Each State shall order the initiation of an investigation, carried out by or before one or more duly qualified persons, on any sea accident or incident of navigation in the high seas in which a ship flying its flag is involved and which has Cost of life or cause serious injury to nationals of another State, or significant damage to ships or installations of another State or to the marine environment. The flag State and the other State shall cooperate in the conduct of any investigation carried out by the flag State in connection with a sea accident or incident of such navigation.

Art. 95 Immunity from warships on the high seas

Warships enjoy in the high seas the complete immunity from jurisdiction over any State other than the flag State.

Art. 96 Immunity of ships used exclusively for a non-commercial public service

Ships belonging to or operated by a State and used exclusively for a non-commercial public service shall enjoy, on the high seas, full immunity from jurisdiction in respect of any State other than the flag State.

Art. 97 Criminal jurisdiction in the area of collision or any other maritime incident

1. In the case of a collision or any other incident of maritime navigation on the high seas that incurs the criminal or disciplinary responsibility of the master or any other member of the ship's personnel, he shall not be brought in criminal proceedings or Disciplinary proceedings before the judicial or administrative authorities either of the flag State or of the State of which the person concerned has nationality.

2. In disciplinary matters, the State which has granted a command certificate or a certificate of capacity or permit is the sole competent authority to pronounce, in accordance with the legal channels, the withdrawal of such titles, even if the holder does not have the nationality of This state.

3. The seizure or detention of the ship, even in the execution of investigative acts, may not be ordered by other authorities than that of the flag State.

Art. 98 Obligation to provide assistance

(1) Any State shall require the master of a ship flying its flag that, provided that it is possible without causing serious risks to the ship, crew or passengers:

(a)
Providing assistance to anyone found at sea;
(b)
It is as quickly as possible to assist people in distress if they are informed that they need assistance, to the extent that they can reasonably be expected to act in such a way;
(c)
In the case of a collision, it shall provide assistance to the other ship, its crew and its passengers, and, to the extent possible, shall indicate to the other ship the name and the port of registration of its own ship and the nearest port to which it will touch.

2. All coastal states shall facilitate the creation and operation of an adequate and effective permanent search and rescue service to ensure maritime and air safety and, where appropriate, cooperate with their neighbours in this regard in this regard. The framework for regional arrangements.

Art. Prohibition of the carriage of slaves

Every State shall take effective measures to prevent and suppress the transport of slaves by ships authorised to fly its flag and to prevent the usurpation of its flag for that purpose. Any slave who takes refuge on a ship, regardless of its flag, is free Ipso facto .

Art. 100 Obligation to cooperate in the suppression of piracy

All States shall cooperate to the maximum extent possible in the suppression of piracy on the high seas or in any other place within the jurisdiction of any State.

Art. 101 Definition of piracy

Piracy means any of the following acts:

(a)
Any unlawful act of violence or detention or any depredation by the crew or passengers of a private vessel or aircraft, acting for private purposes, and directed:
(i)
Against another ship or aircraft, or against persons or goods on board, on the high seas,
(ii)
Against a ship or aircraft, persons or property, in a place outside the jurisdiction of any State;
(b)
Any act of voluntary participation in the use of a ship or aircraft, when the author is aware of the facts of which the ship or aircraft is a pirate ship or aircraft;
(c)
Any act intended to induce the commission of the acts defined in the let. (a) or (b), or committed with the intention of facilitating them.
Art. 102 Piracy by a warship, a state ship or a state aircraft whose crew mutinied

Acts of piracy, as defined in Art. 101, carried out by a warship, a state ship or a state aircraft whose mutiny crew has become a master, is treated as acts committed by a private ship or aircraft.

Art. 103 Definition of a pirate ship or aircraft

Ships or aircraft shall be considered to be ships or aircraft whose persons who actually control them intend to use them to carry out any of the acts referred to in s. 101. The same applies to ships or aircraft which have been used to commit such acts as long as they remain under the control of the persons guilty of such acts.

Art. 104 Retention or loss of the nationality of a pirate ship or aircraft

A ship or aircraft that has become pirate may retain its nationality. The retention or loss of nationality shall be governed by the domestic law of the State which has conferred it.

Art. 105 Seizure of a pirate ship or aircraft

Any State may, on the high seas or at any other place within the jurisdiction of any State, seize a pirate ship or aircraft, or a ship or aircraft caught as a result of an act of piracy and the hands of pirates, and apprehend Persons and seize the goods on board. The courts of the State which have made the seizure may decide on the penalties to be imposed, as well as the measures to be taken in respect of the ship, aircraft or property, reserved for third parties in good faith.

Art. 106 Liability for arbitrary seizure

Where the seizure of a suspect ship or aircraft of piracy has been carried out without sufficient cause, the State which has carried out the seizure shall be responsible to the State for which the ship or aircraft has the nationality of any loss or damage caused by that fact.

Art. 107 Ships and aircraft entitled to seizure due to piracy

Only warships or military aircraft, or other ships or aircraft which bear external marks clearly indicating that they are assigned to a public service and which are authorized for that purpose, may make a seizure for Cause of piracy.

S. 108 Illicit traffic in narcotic drugs and psychotropic substances

1. All States cooperate in the suppression of the illicit traffic in narcotic drugs and psychotropic substances, in violation of international conventions, of ships sailing on the high seas.

2. Any State which has serious reasons to believe that a ship flying its flag is engaged in the illicit traffic in narcotic drugs or psychotropic substances may request the cooperation of other States in order to put an end to this traffic.

S. 109 Unauthorized Emissions from the High Seas

1. All states cooperate in the suppression of unauthorized broadcasts from the high seas.

2. For the purposes of the Convention, "unauthorized broadcasts" means radio or television broadcasts transmitted to the general public from a ship or a high seas installation in violation of international regulations, to Exclusion from the transmission of distress calls.

3. Any person who broadcasts unauthorized broadcasts may be prosecuted before the courts of:

(a)
The flag State of the issuing ship;
(b)
The State of registration of the facility;
(c)
The State of which the person in question is a national;
(d)
Any State where the emissions can be received; or
(e)
Any State whose authorized radio communications are jammed by such broadcasts.

4. On the high seas, a state having jurisdiction in accordance with par. 3 may, in accordance with s. 110, arrest any person or stop any ship that broadcasts unauthorized broadcasts and seize the transmitting equipment.

Art. 110 Right of visit

1. Except in cases where the intervention proceeds from powers conferred by treaty, a warship which crosses on the high seas a foreign ship, other than a ship enjoying the immunity provided for in art. 95 and 96, can only be boarded if there are serious grounds for suspecting that the ship:

(a)
Engages in piracy;
(b)
Is engaged in the transport of slavery;
(c)
Is used for unauthorized emissions, the flag state of the warship having jurisdiction under s. 109;
(d)
Is stateless; or
(e)
Has the same nationality as the warship, although it is a foreign flag beater or refuses to fly its flag.

2. In the cases referred to in s. 1, the warship may proceed with the verification of the titles authorizing the port of the flag. To this end, he may dispatch a vessel, under the command of an officer, to the suspect vessel. If, after verification of the documents, the suspicions remain, he may continue the examination on board the ship, acting in all possible ways.

3. If the suspicion is unfounded, the boarded ship shall be compensated for any loss or damage, provided that it has not committed any act making it suspect.

4. These provisions shall apply Mutatis mutandis Military aircraft.

5. These provisions shall also apply to all other ships or aircraft duly authorised and bearing external marks clearly stating that they are assigned to a public service.

S. 111 Right of prosecution

The prosecution of a foreign vessel may be initiated if the competent authorities of the coastal State have serious reasons to believe that the ship has contravened the laws and regulations of that State. Such prosecution shall begin when the foreign vessel or one of its vessels is in the inland waters, in the archipelagic waters, in the territorial sea or in the contiguous area of the prosecuting State, and cannot be continued Beyond the limits of the territorial sea or the contiguous zone only if it has not been interrupted. It is not necessary that the ship that orders to stop the foreign ship sailing in the territorial sea or in the contiguous area is also there at the time of the reception of the order by the intended vessel. If the foreign vessel is in the contiguous area, defined in s. 33, the prosecution can only be engaged if it has infringed the rights that the institution of that area is intended to protect.

2. The right to sue applies Mutatis mutandis Infringements of the laws and regulations of the coastal State applicable, in accordance with the Convention, the exclusive economic zone or the continental shelf, including the security zones surrounding the installations on the continental shelf, Whether these offences were committed in the areas mentioned.

The right of prosecution shall cease as soon as the ship pursued enters the territorial sea of the State of which it belongs or of another State.

4. The pursuit shall be considered as commenced only if the prosecuting vessel has ensured, by all the available means available to it, that the vessel continued or one of its vessels or other vessels operating as a team and using The vessel shall be located within the limits of the territorial sea or, where appropriate, in the contiguous zone, in the exclusive economic zone or over the continental shelf. The pursuit can only commence after a signal to stop, visual or sound is issued at a distance allowing the intended vessel to perceive it.

(5) The right of prosecution may only be exercised by warships or military aircraft or other ships or aircraft which bear external marks clearly indicating that they are assigned to a public service and which are authorised to This effect.

6. In the event that the ship is continued by an aircraft:

(a)
And s. 1 to 4 apply Mutatis mutandis ;
(b)
The aircraft that gives the order to stop must itself continue the ship until a ship or other aircraft in the coastal State, alerted by the first aircraft, arrives at the scene to continue the pursuit, unless it can itself Stop the ship. In order to justify the termination of a ship outside the territorial sea, it is not sufficient for the vessel to have simply been identified as having committed an offence or as a suspect of an offence; it must also have been required to stop And continued by the aircraft that identified it or by other aircraft or ships without the continuation of the pursuit.

7. The release of the detention of a ship arrested at a place under the jurisdiction of a State and escorted to a port of that State for investigation by the competent authorities may not be required for the sole reason that the ship has crossed Under escort, because the circumstances imposed it, part of the exclusive economic zone or of the high seas.

8. A ship that has been stopped or arrested outside the territorial sea in circumstances which do not justify the exercise of the right to sue shall be compensated for any loss or damage.

Art. 112 Right to use submarine cables or pipelines

1. Any State shall have the right to lay down submarine cables or pipelines on the bottom of the high seas, beyond the continental shelf.

2. Art. 79, para. 5, applies to these cables and pipelines.

Art. 113 Breaking or Deterioration of Underwater Cable or Pipeline

Each State shall adopt the laws and regulations necessary for the conduct of offences punishable by sanctions, wilful failure or damage caused by negligence by a ship flying its flag or a person under its control. Jurisdiction of a high-voltage cable or submarine pipeline on the high seas, as well as a telegraph or submarine telephone, to the extent that it may result in disruption or interruption of telegraph communications Or telephone. This provision also applies to any behaviour likely to result in the rupture or deterioration of such cables or pipelines, or deliberately. However, it does not apply where the breakdown or deterioration of such cables and pipelines is caused by persons who, after taking all the precautions necessary to avoid them, acted only in the legitimate aim of saving their lives or Their ship.

Art. 114 Breaking or Deterioration of an Underwater Cable or Pipeline by the Owner of another Cable or Pipeline

Each State shall adopt the laws and regulations necessary to ensure that, in the event of a breach or deterioration in the high seas of a submarine cable or pipeline caused by the installation of another cable or pipeline belonging to a person within its jurisdiction, That person bears the costs of repairing the damage caused by it.

Art. 115 Compensation for losses incurred for avoiding the deterioration of a submarine cable or pipeline

Any State shall adopt the laws and regulations necessary to ensure that the owner of a ship who provides proof that he has sacrificed an anchor, net or other fishing gear to avoid damage to a submarine cable or pipeline shall be compensated by The owner of the cable or pipeline provided that the owner of the ship has taken reasonable precautions.

Section 2 Conservation and management of the biological resources of the high seas

Art. 116 Fishing Right on the High Seas

All states have the right to their nationals fishing on the high seas, subject to:

(a)
Their treaty obligations;
(b)
Rights and obligations, as well as the interests of coastal States, as provided for, inter alia, in art. 63, para. 2, and s. 64 to 67; and
(c)
In this section.
Art. Obligation on states to take measures to conserve the biological resources of the high seas

All States have an obligation to take measures, applicable to their nationals, which may be necessary to ensure the conservation of the biological resources of the high seas or to cooperate with other States in the taking of such Measures.

Art. 118 Cooperation of States in the conservation and management of biological resources on the high seas

States cooperate in the conservation and management of biological resources on the high seas. States whose nationals exploit different biological resources within the same zone or the same biological resources negotiate with a view to taking the necessary measures for the conservation of the resources concerned. To this end, they shall cooperate, if necessary, to establish sub-regional or regional fisheries organisations.

S. 119 Conservation of the biological resources of the high seas

1. When setting the allowable catch volume and taking other measures for the conservation of biological resources on the high seas, states shall:

(a)
Focus, on the basis of the most reliable scientific data available to them, to maintain or restore stocks of exploited species to levels that ensure maximum sustainable yield, having regard to ecological factors and Relevant economic conditions, including the special needs of developing States, and taking into account fishing methods, the interdependence of stocks and any international minimum standards generally recommended in the plan Sub-regional, regional or global;
(b)
Take into account the effects of these measures on the species associated with or dependent on the species exploited, in order to maintain or restore stocks of these associated or dependent species to a level such as their reproduction May not be seriously compromised.

2. Available scientific information, catch and fishing effort statistics and other data on the conservation of fish stocks shall be disseminated and exchanged regularly through the Competent international organisations, sub-regional, regional or global, where appropriate, and with the participation of all the States concerned.

3. The States concerned shall ensure that the conservation measures and their application do not discriminate against any fisherman, irrespective of the State of which he is a national.

Art. 120 Marine Mammals

Art. 65 also applies to the conservation and management of marine mammals on the high seas.

Part VIII Islands Regime

Art. 121 Islands Regime

1. An island is a natural range of land surrounded by water that remains discovered at high tide.

2. Subject to subs. 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island shall be delimited in accordance with the provisions of the Convention applicable to other land-based territories.

3. Rocks that do not lend themselves to human habitation or a clean economic life, do not have an exclusive economic zone or continental shelf.

Part IX Private or semi-closed

Art. 122 Definition

For the purposes of the Convention, "closed or semi-closed sea" means a gulf, basin or sea surrounded by several States and connected to another sea or to the ocean by a narrow passage, or consisting wholly or principally, by the seas And the exclusive economic zones of several states.

Art. 123 Cooperation between states bordering closed or semi-enclosed seas

States bordering a closed or semi-closed sea should cooperate with each other in the exercise of their rights and the fulfilment of their obligations under the Convention. To this end, they shall endeavour, directly or through an appropriate regional organisation, to:

(a)
Coordinating the management, conservation, exploration and exploitation of marine biological resources;
(b)
Coordinate the exercise of their rights and the fulfilment of their obligations concerning the protection and preservation of the marine environment;
(c)
Coordinating their scientific research policies and undertaking, where appropriate, joint scientific research programmes in the area concerned;
(d)
Invite, where appropriate, other States or international organizations concerned to cooperate with them in the implementation of this Article.

Part X Rights of access of landlocked States to the sea and from the sea and freedom of transit

Art. 124 Use of terms

For the purposes of the Convention:

(a)
"Landlocked State" means any State which does not have a maritime coast;
(b)
"Transit State" means any State with or without a seacoast, situated between a landlocked State and the sea, through the territory of which traffic in transit passes;
(c)
"Transit traffic" means the transit of persons, baggage, goods and means of transport through the territory of one or more transit States, when the journey in that territory, whether or not there is transhipment, storage, breach of Load or change of mode of transport, represents only a fraction of a complete journey that begins or ends in the territory of the landlocked State;
(d)
"Means of transport" means:
(i)
Railway rolling stock, ships used for shipping, lacustrine or inland waterway and road vehicles,
(ii)
When local conditions so require, carriers and load beasts.

2. The landlocked and transit states may agree to include in the means of transport pipelines and pipelines and means of transport other than those referred to in subs. 1.

Art. 125 Rights of access to the sea and from the sea and freedom of transit

1. The landlocked States have the right of access to the sea and from the sea for the exercise of the rights provided for in the Convention, including those relating to the freedom of the high seas and the common heritage of mankind. To this end, they shall enjoy freedom of transit through the territory of transit States by all means of transport.

2. The conditions and arrangements for the exercise of freedom of transit have been agreed between the landlocked States and the transit states concerned by bilateral, subregional or regional agreements.

3. In the exercise of their full sovereignty over their territory, transit States shall have the right to take all necessary measures to ensure that the rights and facilities set out in this Part for the benefit of landlocked States do not Have in any way infringed their legitimate interests.

Art. Exclusion of Most-Favoured-Nation Clause

The provisions of the Convention and the special agreements relating to the exercise of the right of access to the sea and from the sea, which provide for rights and facilities for landlocked States because of their geographical location Are excluded from the application of the Most-Favoured-Nation clause.

Art. 127 Customs duties, taxes and other charges

1. In-transit traffic shall not be subject to any customs duties, taxes or other charges, with the exception of the fees charged for the provision of particular service in connection with that traffic.

2. The means of transport in transit and the other transit facilities provided for by the landlocked State and used by it shall not be subject to higher taxes or charges than those levied for the use of means of transport Of the transit State.

S. 128 Free zones and other customs facilities

In order to facilitate transit traffic, free zones or other customs facilities may be provided for the ports of entry and exit of transit states, by agreement between these states and the landlocked States.

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

Where it does not exist in the State of transit of means of transport for the effective exercise of freedom of transit, or where existing means, including facilities and port facilities, are inadequate in any respect The transit State and the landlocked State concerned may cooperate to build or improve those that exist.

Art. 130 Measures to avoid delays or difficulties of a technical nature in the transport of traffic in transit, or to eliminate its causes

The transit State shall take all appropriate measures to avoid delays or difficulties of a technical nature in the carriage of traffic in transit.

2. The competent authorities of the State of transit and those of the landlocked State shall cooperate, in the event of delay or difficulty, in order to eliminate the causes of the situation in a timely manner.

Art. 131 Equal treatment in seaports

Ships flying the flag of a landlocked State shall enjoy at sea ports equal treatment to that accorded to other foreign vessels.

S. 132 Granting of more extensive transit facilities

The Convention does not in any way imply the withdrawal of more extensive transit facilities than it provides, which would have been agreed between States Parties or granted by a State Party. Likewise, the Convention does not in any way prohibit States Parties from granting more extensive facilities in the future.

Part XI The Area

Section 1 General provisions

Art. 133 Use of terms

For the purposes of this Part:

(a)
"Resources" means all solid, liquid or gaseous mineral resources In situ Who, in the Area, are on the seabed or in their basement, including polymetallic nodules;
(b)
Resources, once extracted from the Zone, are referred to as " mineral".
Art. 134 Scope of this Part

1. This Part applies to the Area.

2. The activities carried out in the Area shall be governed by this Part.

3. The filing of maps or lists of geographical coordinates indicating the location of the limits referred to in s. 1, para. 1, subpar. 1), as well as the advertising to be given to such cards or lists, are governed by Part VI.

(4) Nothing in this Article shall affect the definition of the outer limit of the continental shelf in accordance with Part VI or the validity of agreements relating to the delimitation of States whose coasts are adjacent to or Are facing.

Art. 135 Legal regime of the underlying waters and airspace

Neither this Part nor any rights granted or exercised pursuant to this Part shall affect the legal regime of waters overlying the Zone or that of the airspace above those waters.

Section 2 Principles of the Area

Art. 136 Common heritage of humanity

The Area and its resources are the common heritage of humanity.

Art. 137 Legal regime of the Area and its resources

(1) No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources; no State or any natural or legal person may appropriate any part of the Area or Its resources. No claim, exercise of sovereignty or sovereign rights, nor any act of appropriation is recognized.

2. All humanity, on whose behalf the Authority acts, shall be vested with all rights to the resources of the Zone. These resources are inalienable. The minerals extracted from the Area may be disposed of only in accordance with this Part and with the rules, regulations and procedures of the Authority.

3. A State or a natural or legal person shall not claim, acquire or exercise rights in minerals extracted from the Area in accordance with this Part. The rights otherwise claimed, acquired or exercised are not recognised.

Art. 138 General conduct of States concerning the Zone

In their general conduct concerning the Zone, States shall abide by this Part, the principles set forth in the Charter of the United Nations and other rules of international law, with a view to maintaining peace and security and Promote international cooperation and mutual understanding.

Article 139 Obligation to ensure compliance with the Convention and liability in case of damage

It is for the States Parties to ensure that the activities carried out in the Area, whether by themselves, by their State enterprises or by natural or legal persons possessing their nationality or effectively controlled by them, or Their nationals shall be in accordance with this Part. The same obligation is the responsibility of the international organisations for the activities carried out in the Area by them.

2. Without prejudice to the rules of international law and art. 22 of Annex III, a State Party or an international organization shall be liable for damages resulting from its failure to fulfil its obligations under this Part; States Parties or international organizations Acting together jointly and severally, that responsibility. However, the State Party shall not be liable for damages resulting from such failure on the part of a person sponsored by him under Art. 153, para. 2, let. (b) if it has taken all necessary and appropriate measures to ensure the effective observance of this Part and the related schedules, as provided for in s. 153, para. 4, and art. 4, para. 4, of Annex III.

States Parties which are members of international organizations shall take appropriate measures to ensure the implementation of this Article in respect of such organizations.

Art. 140 Interest of humanity

Activities carried out in the Area are, as expressly provided for in this Part, in the interests of all mankind, irrespective of the geographical situation of States, whether coastal or landlocked States, and Particularly with regard to the interests and needs of developing States and peoples who have not acceded to full independence or to another regime of self-government recognised by the United Nations in accordance with resolution 1514 (XV) and Other relevant General Assembly resolutions.

2. The Authority shall ensure the equitable sharing, on a non-discriminatory basis, of the financial and other economic benefits derived from the activities carried out in the Area by an appropriate mechanism in accordance with Art. 160, para. 2, let. (f) (i).

Art. 141 Use of the Area for exclusively peaceful purposes

The Area shall be open to the use for exclusively peaceful purposes by all States, whether coastal or landlocked States, without discrimination and without prejudice to the other provisions of this Part.

Art. 142 Legitimate rights and interests of coastal States

1. In the case of resource deposits of the Area which extend beyond the limits of the Area, the activities carried out in the Area shall be duly taken into account of the rights and legitimate interests of the coastal State under whose jurisdiction these Deposits.

2. A system of consultations with the State concerned, and in particular prior notification, shall be established in order to avoid any infringement of those rights and interests. In cases where activities in the Area may result in the exploitation of resources within the limits of the national jurisdiction of a coastal State, the prior consent of that State is required.

Neither this Part nor the rights granted or exercised pursuant to this Part shall affect the right of the coastal States to take the measures compatible with the relevant provisions of Part XII which may be necessary for To prevent, mitigate or eliminate a serious and imminent danger to their coastline or related interests caused by pollution or a threat of pollution resulting from any activities carried out in the Area or to any other accidents caused by Such activities.

Art. 143 Marine Scientific Research

1. Marine scientific research in the Area shall be conducted for exclusively peaceful purposes and in the interests of all humanity, in accordance with Part XIII.

2. The Authority may conduct marine scientific research on the Area and its resources and may contract for this purpose. It promotes and encourages marine scientific research in the Area, and coordinates and disseminates the results of this research and analysis, when available.

3. States Parties may conduct marine scientific research in the Area. They promote international cooperation in marine scientific research in the Area:

(a)
Participating in international programs and encouraging cooperation in marine scientific research by staff from different countries and the Authority;
(b)
Ensuring that programmes are developed through the Authority or other international organisations, where appropriate, for the benefit of developing States and technologically less advanced states in order to:
(i)
Strengthen their research potential,
(ii)
Train their staff and the Authority in research techniques and applications,
(iii)
Encourage the use of qualified personnel for research conducted in the Area;
(c)
By effectively disseminating the results of research and analysis, when available, through the Authority or through other international mechanisms, where appropriate.
Art. Technology Transfer

1. In accordance with the Convention, the Authority shall take action:

(a)
To acquire the scientific techniques and knowledge of the activities carried out in the Area; and
(b)
To encourage and encourage the transfer to developing States of such scientific techniques and knowledge, so that all States Parties can benefit from them.

2. To this end, the Authority and the States Parties shall cooperate to promote the transfer of scientific techniques and knowledge relating to the activities carried out in the Area, so that the Enterprise and all States Parties may Benefit. In particular, they take or encourage the initiative:

(a)
Programmes for the transfer to the Enterprise and the developing States of techniques relating to the activities carried out in the Area, including, for the Enterprise and the developing States, facilities for access to relevant technologies On fair and reasonable terms and conditions;
(b)
Measures to ensure the advancement of the technology of the Enterprise and indigenous technologies of developing States, and in particular to enable the staff of the Enterprise and of those States to receive training in science and To participate fully in the activities carried out in the Area.
Art. 145 Protection of the marine environment

With regard to the activities carried out in the Area, the necessary measures must be taken in accordance with the Convention to effectively protect the marine environment from the harmful effects of such activities. To this end, the Authority shall adopt appropriate rules, regulations and procedures aimed in particular at:

(a)
To prevent, reduce and control the pollution of the marine environment, including the coastline, and to deal with the other risks that threaten it, as well as any disturbance to the ecological balance of the marine environment, paying particular attention to the The need to protect it from the harmful effects of activities such as drilling, dredging, excavation, waste disposal, construction and operation or maintenance of installations, pipelines and other equipment used for such activities;
(b)
Protect and conserve the area's natural resources and prevent damage to marine flora and fauna.
Art. 146 Protection of human life

As regards the activities carried out in the Area, the necessary measures must be taken to ensure the effective protection of human life. To this end, the Authority shall adopt appropriate rules, regulations and procedures to complement existing international law as contained in the relevant treaties.

Art. 147 Compatibility of activities in the Area and other activities in the marine environment

Activities carried out in the Area shall take reasonable account of other activities in the marine environment.

2. The following conditions apply to facilities used for activities carried out in the Area:

(a)
Such installations shall be installed, set up and removed only in accordance with this Part and under the conditions laid down by the rules, regulations and procedures of the Authority. Their installation, installation and removal must be duly notified and the maintenance of permanent means to signal their presence must be ensured;
(b)
These facilities should not be put in place where they are likely to interfere with the use of recognised traffic routes essential for international navigation, nor in areas where intensive fishing is practised;
(c)
These facilities must be surrounded by properly marked safety zones so as to ensure the safety of the facilities themselves and the safety of navigation. The configuration and location of these safety zones shall be determined in such a way that they do not form a cordon preventing the lawful access of ships to certain marine areas or navigation in waterways used for navigation International;
(d)
These facilities are used exclusively for peaceful purposes;
(e)
These facilities do not have island status. They do not have their own territorial sea and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.

3. Other activities in the marine environment shall be carried out with reasonable regard to the activities carried out in the Area.

Article 148 Participation of developing States in activities in the Area

The effective participation of developing States in the activities carried out in the Area shall be encouraged, as expressly provided for in this Part, taking due account of the special interests and needs of those States, including the need for Persons who are landlocked or geographically disadvantaged to overcome the obstacles resulting from their unfavourable situation, including their remoteness from the Zone and their difficulties in accessing the Zone, and From this one.

Art. 149 Archaeological and Historical Objects

All objects of an archaeological or historical character found in the Area shall be kept or transferred in the interest of all mankind, taking into account in particular the preferential rights of the State or country of origin, or of the State of origin Of the state of historical or archaeological origin.

Section 3 Development of Area Resources

Art. 150 General policy on activities in the Area

The activities carried out in the Area are, as expressly provided for in this Part, in order to promote the harmonious development of the world economy and the balanced expansion of international trade, to promote cooperation For the purposes of the general development of all countries, especially developing States, and in view:

(a)
Develop the resources of the Area;
(b)
Ensure the orderly, safe and rational management of the Area's resources, including ensuring that activities in the Area are effectively managed, avoiding waste in accordance with sound conservation principles;
(c)
Increase opportunities for participation in these activities, in particular in a way that is compatible with art. 144 and 148;
(d)
To ensure the participation of the Authority in income and transfer of technology to the Enterprise and to the developing States in accordance with the Convention;
(e)
Increase, as required, the available quantities of minerals from the Area in conjunction with minerals from other sources to ensure the supply of these minerals to consumers;
(f)
To promote minerals from the Area as well as minerals from other sources, the formation of fair and stable prices for producers and fair prices for consumers, and the long-term balance of Supply and demand;
(g)
To give all States Parties, regardless of their social and economic systems or geographical location, greater opportunities for participation in the development of the resources of the Area, and to prevent the monopolization of Activities in the Area;
(h)
To protect developing States from the adverse effects on their economies or export earnings of the decline in the price of a mineral from among those extracted from the Area or the reduction in the volume of their exports Of this mineral, provided that this reduction or reduction is due to activities carried out in the Area, in accordance with Art. 151;
(i)
To promote the common heritage in the interests of all humanity;
(j)
Ensure that market access conditions for the import of minerals from the Area and for the import of commodities from these minerals are no more favourable than the most favourable conditions applied Imports from other sources.
Art. 151 Production Policy
1. A)
Without prejudice to the objectives set out in Art. 150 and with a view to applying the let. H), of this Article, the Authority, acting through existing bodies or, if necessary, in the framework of new arrangements or agreements with the participation of all interested parties, including producers and consumers, shall The measures necessary to promote growth, efficient operation and market stability for commodities derived from the minerals from the Zone, at profitable prices for producers and fair to consumers. All States Parties shall cooperate to this end.
(b)
The Authority shall have the right to take part in any product conferences whose work relates to these commodities and to which all interested parties, including producers and consumers, are involved. It has the right to become party to any arrangement or agreement reached at the end of such conferences. It shall participate, in respect of production in the Area, in any body established under such an arrangement or agreement in accordance with the rules of that body.
(c)
The Authority shall fulfil its obligations under the arrangements or agreements referred to in this paragraph so as to ensure its uniform and non-discriminatory application to the entire production of the minerals in question, in the Field. In so doing, it shall act in a manner consistent with the terms of the contracts in force and the provisions of the approved work plans of the undertaking.
2. A)
During the interim period defined in s. 3, commercial production can only start under an approved work plan if the operator has applied to the Authority and obtained from it a production authorisation; this authorisation may not be requested or issued more than five years before The expected date for the commencement of commercial production under the work plan unless the Authority prescribes another time limit in its rules, regulations and procedures, having regard to the nature and timing of the implementation of the projects.
(b)
In its application for approval, the licensee shall indicate the annual quantity of nickel that it intends to extract under the approved work plan. The application includes a table of expenses that will be incurred by the operator after the receipt of the authorization and that have been reasonably calculated to allow the start of the commercial production on the expected date.
(c)
For the purpose of applying the let. (a) and (b), the Authority shall adopt standards of efficiency in accordance with art. 17 of Annex III.
(d)
The Authority shall issue a production authorisation for the quantity specified in the application, unless the sum of that quantity and the quantities previously authorised exceed, for any year of production included in the period The cap on the production of nickel calculated in accordance with subs. 4 for the year in which the authorization is issued.
(e)
The application and the production authorization become an integral part of the approved work plan.
(f)
If the application for leave by the operator is refused under the terms of the let. (d) the latter may at any time submit a new application to the Authority.

3. The interim period begins five years before 1 Er January of the year for the start of the first commercial production under an approved work plan. If the start of this commercial production is carried forward to a year later than expected, the start of the interim period and the production ceiling initially calculated shall be adjusted accordingly. The interim period ends after 25 years or at the end of the Review Conference referred to in s. 155 or the coming into force of the new agreements or arrangements referred to in s. 1, the closest date being retained. If such arrangements or agreements become obsolete or cease to have effect for any reason, the Authority shall recover the powers provided for in this Article for the remainder of the interim period.

4. A)
The production limit for any year of the interim period is given by the sum of:
(i)
The difference between the value of the trend line for the consumption of nickel for the year preceding the start of the first commercial production and the value of this curve for the year preceding the start of the interim period, These values are calculated in accordance with the let. (b); and
(ii)
60 % of the difference between the value of the trend line of nickel consumption for the year for which the production authorization is requested and the value of this curve for the year preceding the start year of the first Commercial production, these values being calculated in accordance with the let. (b).
(b)
For the purposes of the let. (a):
(i)
The values of the trend line used to calculate the ceiling for the production of nickel are the annual values of the consumption of nickel read on a trend line established during the year in which the Production is issued. The trend curve is obtained by linear regression of the logarithms of the actual annual consumption of nickel corresponding to the most recent 15-year period for which data are available, the time being taken as Independent variable. This trend line is said to be the initial trend curve.
(ii)
If the annual rate of increase indicated by the trend line is less than 3 %, this curve is substituted to determine the quantities referred to in the let. A), a trend curve constructed in such a way that it cuts the initial trend line to the point representing the value of consumption for the first year of the fifteen year period considered and its slope corresponds to a 3 % annual increase. However, the production ceiling fixed for any year of the interim period shall in no case exceed the difference between the value of the initial trend line for the year in question and the value of that curve for the year Prior to the beginning of the interim period.

5. The Authority shall reserve to the Company, for its initial production, a quantity of 38,000 metric tonnes of nickel on the specified quantity of production in accordance with par. 4.

6. A)
An operator may, in any year, produce less than the annual production of minerals from polymetallic nodules that is indicated in its production authorization or exceed this production by up to 8 %, provided that The whole of its production does not exceed that indicated in that authorisation. Any exceedance between 8 and 20 % for any year or any exceedance for any year following two consecutive years in which the fixed production has already been exceeded is the subject of negotiations with the Authority which may Require the operator to request an additional production authorization.
(b)
The Authority will review requests for additional production authorizations only when it has ruled on all pending applications for production authorizations and has duly considered the possibility of other applications. The principle guiding the Authority in this respect is that, for any year of the interim period, the total production allowed under the production limitation formula must not be exceeded. The Authority does not authorize production of more than 46,500 metric tonnes of nickel per year for any work plan.

7. Production of other metals, such as copper, cobalt and manganese, from polymetallic nodules extracted under a production authorization should not exceed the level it would have reached if the operator had Produced from these nodules the maximum quantity of nickel calculated in accordance with this Article. The Authority shall adopt, in accordance with Art. 17 of Annex III, of the rules, regulations and procedures laying down detailed rules for the application of this paragraph.

8. The rights and obligations relating to unfair economic practices provided for in the relevant multilateral trade agreements shall apply to the exploration and exploitation of the minerals in the Area. For the settlement of disputes under this provision, States Parties to these multilateral trade agreements shall use the dispute settlement procedures provided for in these multilateral trade agreements.

The Authority shall have the power to limit the level of production of minerals in the Area other than minerals extracted from polymetallic nodules, in accordance with such conditions and methods as it deems appropriate, by adopting regulations in accordance with Art. 161, para. 8.

10. On the recommendation of the Council, based on the opinion of the Economic Planning Commission, the Assembly establishes a system of compensation or takes other assistance measures to facilitate economic adjustment, including cooperation With the specialized agencies and other international organizations, in order to assist developing States whose economies and export earnings are seriously affected by a decline in the price of a mineral Among those retrieved from the Area or a reduction in the volume of their Exports of this mineral, provided that this decrease or reduction is due to activities in the Area. Upon request, the Authority undertakes studies on the problems of states that are at risk of being most severely affected with a view to minimizing their difficulties and helping them to make their economic adjustment.

Art. 152 Exercise of powers and duties

The Authority shall avoid any discrimination in the exercise of its powers and functions, in particular when it grants the possibility of carrying out activities in the Area.

(2) Nevertheless, it may, in accordance with the express provisions of this Part, grant special attention to developing States, and especially to those of them who are landlocked or geographically disadvantaged.

Art. 153 Exploration and Operations System

Activities in the Area shall be organized, conducted and controlled by the Authority on behalf of all humanity in accordance with this Article, and other relevant provisions of this Part and the related annexes thereto And to the rules, regulations and procedures of the Authority.

2. The activities carried out in the Area shall be carried out in accordance with paragraph 2. 3:

(a)
By the Entreprise; and
(b)
In association with the Authority, by States Parties or enterprises of the State or by natural or legal persons possessing the nationality of States Parties or effectively controlled by them or their nationals, when they are sponsored By those States or by any group of the aforementioned categories satisfying the conditions laid down in this Part and in Annex III.

3. The activities carried out in the Area shall be carried out in accordance with a formal and written work plan established in accordance with Annex III and approved by the Council after consideration by the Legal and Technical Commission. Where, on authorisation by the Authority, activities are carried out in the Area by the entities or persons referred to in s. 2, let. (b) the work plan shall be in the form of a contract in accordance with Art. 3 of Annex III. This contract may provide for joint venture agreements in accordance with s. 11 of Annex III.

4. The Authority shall exercise control over the activities carried out in the Area to ensure compliance with the relevant provisions of this Part and the related annexes, the rules, regulations and procedures of the Authority, as well as Work plans approved in accordance with s. 3. States Parties shall assist the Authority by taking all necessary measures to ensure compliance with these texts in accordance with Art. 139.

5. The Authority shall have the right to take, at any time, any measure provided for in this Part to ensure compliance and to be able to carry out the supervisory and regulatory functions incumbent upon it under this Part or A contract. It shall have the right to inspect all installations which are used for activities carried out in the Area and which are located in the Area.

6. Any contract concluded in accordance with par. 3 provides for security of title. It can therefore only be revised, suspended or terminated pursuant to s. 18 and 19 of annex III.

Art. Periodic review

Every five years after the entry into force of the Convention, the Assembly shall carry out a general and systematic examination of the way in which the international regime of the Area established by the Convention has functioned in practice. In the light of this examination, the Assembly may take or recommend to other bodies measures in accordance with the provisions and procedures laid down in this Part and the related annexes and in order to improve the Operation of the plan.

Art. 155 Review Conference

1. Fifteen years after 1 Er January of the year of the start of the first commercial production under an approved work plan, the Assembly shall convene a conference for the revision of the provisions of this Part and the related annexes thereto Area resource exploration and exploitation system. The Review Conference will examine in detail, in the light of the experience gained during the past period:

(a)
Whether the provisions of this Part governing the exploration and exploitation of the resources of the Zone have met their objectives in all respects, and in particular whether all humanity has benefited from it;
(b)
If, over the fifteen-year period, the reserved areas have been operated in an efficient and balanced manner compared to the non-reserved sectors;
(c)
Whether the development and use of the Area and its resources have been undertaken in a manner conducive to the harmonious development of the world economy and the balanced expansion of international trade;
(d)
If the monopolization of activities in the Area has been prevented;
(e)
Whether the policies referred to in s. 150 and 151 were followed; and
(f)
The system has provided a fair sharing of the benefits derived from the activities in the Area, particularly in light of the interests and needs of developing States.

2. The Review Conference shall ensure that the principle of the common heritage of mankind is maintained, the international regime aimed at its equitable exploitation for the benefit of all countries, in particular the developing States, and The existence of an authority to organize, conduct and control activities in the Area. It shall also ensure the maintenance of the principles set forth in this Part with regard to the exclusion of any claim and exercise of sovereignty over any part of the Area, the rights of States and their conduct Relating to the Area, as well as their participation in the activities carried out in the Area, in accordance with the Convention, the prevention of the monopolization of the activities carried out in the Area, the use of the Area for purposes exclusively Peaceful, economic aspects of the activities carried out in the Area, marine scientific research, Transfer of technology, the protection of the marine environment and the protection of human life, the rights of coastal States, the legal regime of the waters overlying the Zone and that of the airspace above those waters and the compatibility of the Activities in the Area and other activities in the marine environment.

The Review Conference will follow the same decision-making procedure as the Third United Nations Conference on the Law of the Sea. It should make every effort to reach agreement on all possible amendments by consensus and there should be no vote on these issues until all efforts to reach a consensus have been exhausted.

4. If, five years after its beginning, the Review Conference has not reached an agreement on the system for the exploration and exploitation of the resources of the Area, it may, within the next twelve months, decide by a majority of three-fourths of the States Parties to adopt and submit to the States Parties for ratification or accession amendments relating to the change or modification of the system it deems necessary and appropriate. These amendments shall enter into force for all States Parties twelve months after the deposit of instruments of ratification or accession by three-fourths of the States Parties.

5. The amendments adopted by the Review Conference pursuant to this Article shall not affect the rights acquired under existing contracts.

Section 4 The Authority

Subsection A General Provisions

Article 156 Establishment of the Authority

1. An International Seabed Authority shall be established whose operation is governed by this Part.

2. All States Parties shall be Ipso facto Members of the Authority.

3. Observers to the Third United Nations Conference on the Law of the Sea, which have signed the Final Act and which are not subject to Art. 305, para. 1, let. (c), (d), (e) or (f), have the right to participate in the work of the Authority as observers, in accordance with its rules, regulations and procedures.

4. The Authority shall be based in Jamaica.

5. The Authority may establish such regional centres or offices as it deems necessary for the performance of its functions.

Art. 157 Nature of the Authority and fundamental principles governing its operation

(1) The Authority shall be the organization through which the States Parties organize and control the activities carried out in the Area, in particular for the purposes of the administration of the resources of the Area, in accordance with this Part.

2. The Authority shall hold the powers and functions expressly conferred upon it by the Convention. It shall be vested with subsidiary powers, consistent with the Convention, which necessarily implies the exercise of such powers and functions in relation to the activities carried out in the Area.

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

4. In order to ensure to each of them the rights and benefits arising out of its membership, all members of the Authority shall fulfil in good faith the obligations incumbent upon them under this Part.

S. 158 Organs of the Authority

1. An Assembly, a Council and a Secretariat shall be established, which shall be the principal organs of the Authority.

(2) An Enterprise shall be established, which shall be the body through which the Authority performs the functions referred to in s. 170, para. 1.

(3) The subsidiary bodies deemed necessary may be established in accordance with this Part.

4. It is the responsibility of each of the principal organs of the Authority and the Enterprise to exercise the powers and functions conferred upon them. In the exercise of these powers and functions, each body avoids acting in such a way as to impair or impair the exercise of the particular powers and functions conferred on another body.

Subsection B The Assembly

Art. 159 Composition, procedure and voting

The Assembly shall be composed of all members of the Authority. Each member shall have a representative to the Assembly, who may be accompanied by alternates and councillors.

(2) The Assembly shall meet in ordinary session every year, and in extraordinary session whenever it so decides or when convened by the Secretary-General at the request of the Council or the majority of the members of the Authority.

3. The sessions of the Assembly, unless it decides otherwise, shall take place at the headquarters of the Authority.

The Assembly shall adopt its rules of procedure. At the opening of each ordinary session, it shall elect its President and so many other members of the Bureau as is necessary. They shall remain in office until the election of a new office at the next regular session.

5. A majority of the members of the Assembly shall constitute a quorum.

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

7. Their decisions on procedural matters, including the convening of an extraordinary session of the Assembly, shall be taken by a majority of the members present and voting.

8. Decisions on matters of substance shall be taken by a two-thirds majority of the members present and voting, provided that the majority includes that of the members participating in the session. In case of doubt as to whether it is a matter of substance, the matter under discussion shall be considered as such, unless the Authority decides otherwise by the required majority for decisions on substantive matters.

9. When a substantive matter is about to be put to the vote for the first time, the President may, and shall, if at least one fifth of the members of the Assembly so request, postpone the decision to vote on the matter. For a period not exceeding five calendar days. This rule can only be applied once in respect of the same issue, and its application should not result in adjournment of questions beyond the end of the session.

10. Where the President is seized by at least one quarter of the members of the Authority of a written request for the Assembly to request an advisory opinion on the conformity with the Convention of a proposal submitted to it concerning a Any question, the Assembly requests an advisory opinion in the Chamber for the resolution of disputes relating to the seabed of the International Tribunal for the Law of the Sea. The vote is postponed until the House has given its opinion. If the Assembly has not received it before the last week of the session in which it has been requested, the Assembly shall decide when it will meet to vote on the proposal adjourned.

Art. 160 Powers and functions

The Assembly, the only body composed of all members of the Authority, is considered to be the supreme organ of the Authority before which the other principal organs are responsible, as expressly provided for in the Convention. The Assembly shall have the power to arrest, in accordance with the relevant provisions of the Convention, the general policy of the Authority on any matter or matter within the competence of the Authority.

2. In addition, the Assembly has the following powers and functions:

(a)
Elect the members of the Board in accordance with s. 161;
(b)
Elect the Secretary-General from among the candidates proposed by the Council;
(c)
Elect, on the recommendation of the Council, the members of the Board of Directors of the Enterprise and the Director General of the Enterprise;
(d)
Establish such subsidiary bodies as it deems necessary to carry out its functions in accordance with this Part. With regard to the composition of such bodies, due regard shall be given to the principle of equitable geographical distribution of seats, special interests and the need to ensure the participation of qualified members in such bodies and Competent in the technical fields of which they are concerned;
(e)
Determine the members' contributions to the Authority's administrative budget in accordance with an agreed scale, based on the scale used for the regular budget of the United Nations, until the Authority has revenue Sufficient from other sources to meet its administrative expenses;
(f) (i) to consider and approve on the recommendation of the Board, the rules, regulations and procedures relating to the equitable sharing of financial benefits and other economic benefits derived from activities in the Area, as well as to contributions Under s. 82, taking particular account of the interests and needs of developing States and peoples who have not attained full independence or another regime of autonomy. If the Assembly does not agree with the Council's recommendations, it shall refer them to the Council for reconsideration in the light of the views expressed by the Assembly,
(ii)
To examine and approve the rules, regulations and procedures of the Authority, as well as any amendments thereto, which the Council has provisionally adopted pursuant to Art. 162, para. 2, let. (o), (ii) These rules, regulations and procedures shall be the subject of prospecting, exploration and exploitation in the Area, the financial management of the Authority and its internal administration and, on the recommendation of the Board of Directors of the Enterprise, Transfers from the Enterprise to the Authority;
(g)
Deciding on the equitable sharing of financial benefits and other economic benefits derived from activities in the Area in a manner consistent with the Convention and the rules, regulations and procedures of the Authority;
(h)
To review and approve the annual draft budget of the Authority submitted by the Council;
(i)
Review the periodic reports of the Council and the Enterprise, as well as the special reports requested by the Council and any other body of the Authority;
(j)
Conduct studies and make recommendations to promote international cooperation in the field of activities in the Area and to encourage the progressive development of international law and its codification;
(k)
To examine the problems of a general nature relating to the activities in the Area, which arise in particular for developing States, as well as the problems that arise in relation to these activities in certain States due to their Geographical situation, in particular the landlocked and geographically disadvantaged States;
(l)
On the recommendation of the Council, based on the opinion of the Economic Planning Commission, establish a compensation system or take other assistance measures to facilitate economic adjustment as provided for in Art. 151, para. 10;
(m)
To suspend the exercise of the rights and privileges inherent in the quality of a member pursuant to s. 185;
(n)
To deliberate on any matter or matter within the competence of the Authority and to decide, in a manner consistent with the division of powers and functions between the organs of the Authority, which of these bodies will deal with a question or The subject whose examination was not specifically assigned to one of them.

Subsection C The Board

Art. 161 Composition, procedure and voting

The Council shall consist of 36 members of the Authority, elected by the Assembly in the following order:

(a)
Four members chosen from among the States Parties whose consumption or net imports of commodities falling within the category of minerals to be mined from the Zone have exceeded, in the last five years for which it is There are statistics, 2 % of the world's total consumption or imports of these commodities, including at least one state in Eastern Europe (socialist), as well as the largest consumer;
(b)
Four members chosen from among the eight States Parties which have made, directly or through their nationals, the most important investments in the preparation and implementation of activities in the Area, including at least A state in the Eastern European (socialist) region;
(c)
Four members chosen from among the States Parties which, on the basis of production from the areas submitted to their jurisdiction, are among the main net exporters of the categories of minerals to be extracted from the Zone, of which at least two Developing countries whose economies depend heavily on their exports of these minerals;
(d)
Six members chosen from developing States Parties representing specific interests. The specific interests to be represented include those of States with large populations, landlocked or geographically disadvantaged States, states which are among the main importers of the categories of minerals to be Extracts from the Zone, of the potentially producing States of such minerals and of the least developed States;
(e)
18 members elected in accordance with the principle of equitable geographical distribution of all seats of the Council, on the understanding that at least one member per geographical region shall be elected as a member under this provision. To this end, the geographical regions are: Africa, Latin America, Asia, Eastern Europe (socialist), and Western Europe and other states.

2. When it elects the members of the Board in accordance with s. 1 the Assembly shall ensure that:

(a)
The representation of landlocked and geographically disadvantaged States reasonably corresponds to their representation in the Assembly;
(b)
The representation of coastal States, in particular of developing States, which do not fulfil the conditions set out in par. 1, let. (a), (b), (c) or (d), reasonably corresponds to their representation in the Assembly;
(c)
Each group of States Parties to be represented in the Council shall be represented by the members, if any, designated by that group.

3. Elections are held at an ordinary session of the Assembly. Each member of the Council is elected for four years. However, during the first election, the term of office of one-half of the members representing each of the groups referred to in s. 1 is two years.

4. Members of the Council are eligible for re-election, but due consideration should be given to the desirability of rotating seats.

The Council shall carry out its functions at the headquarters of the Authority; it shall meet as often as required by the activities of the Authority, but at least three times a year.

6. A majority of the members of the Council shall constitute a quorum.

7. Each member of the Council shall have one vote.

8. (a)
Decisions on procedural matters shall be taken by a majority of the members present and voting;
(b)
Decisions on matters of substance that arise in relation to s. 162, para. 2, let. (f), (g), (h), (i), (n), (p), (v), and s. 191 shall be taken by a two-thirds majority of the members present and voting, provided that the majority includes that of the members of the Council;
(c)
Decisions on substantive matters arising from the provisions listed below shall be taken by a majority of three-fourths of the members present and voting, provided that the majority includes that of the members of the Council: art. 162, para. 1; art. 162, para. 2, let. (a), (b), (c), (d), (e), (l), (q), (r), (s), (t); art. 162, para. 2, let. (u) in cases of non-compliance by a contractor or the sponsoring State; art. 162, para. 2, let. W), on the understanding that orders issued under this provision may be mandatory for more than 30 days only if they are confirmed by a decision pursuant to the letter. (d); art. 162, para. 2, let. X), y) and z); art. 163, para. 2; art. 174, para. 3; art. 11 of Annex IV;
(d)
Decisions on matters of substance that arise in relation to s. 162, para. 2, let. (m) and (o), as well as the adoption of the amendments to Part XI, shall be taken by consensus;
(e)
For the purposes of the let. (d), (f) and (g) "consensus" means the absence of any formal objection. Within 14 days of the submission of a proposal to the Council, the President shall consider whether there would be an objection to its adoption. If he finds that such an objection is made, the President shall, within three days, convene and convene a conciliation commission composed, at most, of nine members of the Council and chaired by himself, responsible for eliminating the differences and Formulate a proposal that could be adopted by consensus. The Commission shall promptly carry out its task and report to the Council within 14 days after its establishment. If it is unable to recommend a proposal that could be adopted by consensus, it shall set out in its report the grounds for opposition to the proposal;
(f)
Decisions on matters not listed above which the Council is entitled to take under the rules, regulations and procedures of the Authority or any other title shall be taken in accordance with the provisions of this paragraph indicated in Such rules, regulations and procedures or, failing that, in accordance with the provision determined by a decision of the Council adopted by consensus;
(g)
In case of doubt as to whether a matter falls within the categories referred to in the let. (a), (b), (c) or (d), the question shall be deemed to fall under the provision requiring the highest majority or consensus, as the case may be, unless the Council decides otherwise by that majority or by consensus.

9. The Council shall establish a procedure for a member of the Authority who is not represented in the Council to be represented at a meeting of the Council when that Member submits an application to that effect or the Council considers a matter Which is particularly relevant to it. The representative of that member may participate in the debates without the right to vote.

Art. 162 Powers and functions

The Council is the executive organ of the Authority. It has the power to arrest, in accordance with the Convention and with the general policy defined by the Assembly, the specific policies to be followed by the Authority on any matter or subject within its competence.

2. In addition, the Council:

(a)
Monitors and coordinates the application of this Part for all matters and matters within the competence of the Authority and draws the Assembly's attention to cases of non-compliance;
(b)
Submits to the Assembly a list of candidates for the post of Secretary-General;
(c)
Recommends to the Assembly of candidates to the functions of members of the Board of Directors of the Enterprise and to the post of Director General of the Enterprise;
(d)
Shall establish, as appropriate, and with due regard to the requirements of economy and efficiency, the subsidiary bodies that it deems necessary to carry out its functions in accordance with this Part. With regard to the composition of such bodies, the emphasis should be placed on the need to ensure the assistance of qualified and competent members in the technical fields in which they are concerned, with due regard to the principle of Equitable geographical distribution and special interests;
(e)
Adopt rules of procedure, in which it lays down in particular the method of appointment of its President;
(f)
Concludes, on behalf of the Authority, agreements with the United Nations and other international organizations within its competence and subject to the approval of the Assembly;
(g)
Reviews the Company's reports and forwards them to the Assembly, including its recommendations;
(h)
Presents to the Assembly annual reports and the special reports requested by the Assembly;
(i)
Provides direction to the Company in accordance with s. 170;
(j)
Approves work plans in accordance with s. 6 of Annex III. The Council shall decide on each work plan within 60 days after the date on which it has been submitted to it at one of its sessions by the Legal and Technical Commission, in accordance with the following procedures:
(i)
When the Commission recommends approval of a work plan, it shall be deemed to be accepted by the Council if no member of the Council submits in writing to the President, within fourteen days, a specific objection in which he alleges Failure to comply with the conditions set out in s. 6 of Annex III. If such an objection is made, the conciliation procedure provided for in Art. 161, para. 8, let. (e) applies. If, at the end of this procedure, the objection is maintained, the work plan shall be deemed to have been approved by the Council, unless it rejects it by consensus, excluding the State or States that have applied or sponsored the applicant,
(ii)
When the Commission recommends the rejection of a work plan or does not make a recommendation, the Council may approve it by a majority of three-fourths of the members present and voting, provided that the majority of the members present Members participating in the session;
(k)
Approves the work plans submitted by the Company in accordance with s. 12 of Annex IV, by applying, Mutatis mutandis , the procedures provided for in the let. (j);
(l)
Exercises control over the activities carried out in the Area, in accordance with Art. 153, para. 4, and the rules, regulations and procedures of the Authority;
(m)
Shall, on the recommendation of the Economic Planning Commission, take the necessary and appropriate measures to protect developing States in accordance with Art. 150, let. (h) the adverse economic effects referred to in this provision;
(n)
Shall, on the basis of the opinion of the Economic Planning Commission, make recommendations to the Assembly concerning the establishment of a compensation system or the taking of other assistance measures to facilitate economic adjustment, As provided for in s. 151, para. 10;
(o) (i) recommend to the Assembly rules, regulations and procedures relating to the equitable sharing of financial benefits and other economic benefits derived from the activities carried out in the Area, as well as to contributions under art. 82, taking particular account of the interests and needs of developing States and peoples who have not attained full independence or another regime of autonomy,
(ii)
Adopts and provisionally applies, pending the approval of the Assembly, the rules, regulations and procedures of the Authority and any amendments to those texts, taking into account the recommendations of the Legal and Technical Commission or any other Subordinate body. These rules, regulations and procedures are aimed at prospecting, exploration and exploitation in the Area, as well as the financial management of the Authority and its internal administration. Priority is given to the adoption of rules, regulations and procedures relating to the exploration and exploitation of polymetallic nodules. The rules, regulations and procedures relating to the exploration and exploitation of any resource other than polymetallic nodules shall be adopted within three years from the date on which the Authority has received an application to that effect. Effect by one of its members. They shall all remain in force provisionally until they are approved by the Assembly or until amended by the Council, in the light of the views expressed by the Assembly;
(p)
Shall ensure that all amounts owing by the Authority or the Authority are paid in respect of operations carried out in accordance with this Part;
(q)
Makes a choice between applicants for a production authorization under s. 7 of Annex III in the cases provided for in that Article;
(r)
Submits the annual draft budget of the Authority to the Assembly for approval;
(s)
Makes recommendations to the Assembly on the policy to be followed on any matter or subject matter within the authority of the Authority;
(t)
Makes recommendations to the Assembly on the suspension of the exercise of the rights and privileges inherent in the quality of members pursuant to s. 185;
(u)
Seizes, on behalf of the Authority, the Chamber for the settlement of disputes relating to the seabed in cases of non-compliance;
(v)
Notify the House of the decision of the Chamber for the settlement of disputes relating to the seabed, seized in accordance with the provisions of the Act. (u) and make such recommendations as it deems necessary on the measures to be taken;
(w)
Issuing orders in the event of an emergency, including any order to suspend or modify operations, in order to prevent any serious damage that may be caused to the marine environment by activities carried out in the Area;
X)
Excludes the exploitation of certain areas by contractors or by the Company where there are serious grounds for believing that this would result in a risk of serious harm to the marine environment;
(y)
Creates a subsidiary body responsible for the development of draft rules, regulations and financial procedures relating to:
(i)
Financial management in accordance with ss. 171 to 175, and
(ii)
The financial arrangements provided for in s. 13 and art. 17, para. 1, let. (c) of Annex III;
(z)
Put in place appropriate mechanisms to direct and supervise a body of inspectors responsible for monitoring the activities carried out in the Area to determine whether this Part, the rules, regulations and procedures of the Authority and the clauses and Conditions of contracts concluded with the Authority are observed.
S. 163 Council bodies

1. It shall be established as organs of the Council:

(a)
An Economic Planning Commission;
(b)
A Legal and Technical Commission.

2. Each committee shall be composed of fifteen members, elected by the Council from among the candidates nominated by the States Parties. However, the Council may, if necessary, decide to extend the composition of either one or the other by taking due account of the imperatives of economy and efficiency.

3. Members of a committee must have the necessary qualifications in the areas covered by the competence of the committee. In order to enable the committees to carry out their functions effectively, the States Parties shall appoint candidates of the highest competence and of the highest integrity, having the necessary qualifications in the relevant fields.

4. At the time of the election, due regard shall be given to the need for equitable geographical distribution of seats and for the representation of special interests.

5. No State Party may nominate more than one candidate to a single commission. No one can be elected to more than one commission.

6. The members of the committees shall be elected for five years. They are eligible for re-election for a new term.

7. In the event of the death, incapacity or resignation of a member of a committee before the expiry of its term of office, the Council shall elect, for a term of office remaining to be run, a member of the same geographical area or representing the same category Interest.

8. Members of the commissions shall not have any financial interests in any of the activities relating to exploration and exploitation in the Area. Subject to their obligations to the commission of which they belong, they shall not disclose, even after the termination of their duties, no industrial secrets, any data which is industrial property and which has been transferred to the Authority Pursuant to s. 14 of Schedule III, or any other confidential information that they are aware of as a result of their duties.

9. Each committee shall carry out its functions in accordance with the principles and directives adopted by the Council.

Each Commission shall draw up and submit to the Council the rules and regulations necessary for its proper functioning.

11. The procedures for the decision-making of committees shall be laid down in the rules, regulations and procedures of the Authority. The recommendations made to the Council shall be accompanied, where appropriate, by a brief statement of the differences that have arisen in the Committee.

The committees normally carry out their duties at the headquarters of the Authority and meet as often as necessary to carry out their duties effectively.

13. In the performance of its functions, each committee shall consult, where appropriate, another committee or competent organ of the United Nations and its specialized agencies or any other international organization having Competence in the field concerned.

Art. 164 The Economic Planning Commission

The members of the Economic Planning Commission must have the right qualifications, including mining, mineral resource management, international trade and international economics. The Council shall endeavour to ensure that, by its composition, the Commission has the full range of qualifications required. The commission must include at least two developing-country nationals whose economy is heavily dependent on exports of categories of minerals to be mined from the Zone.

2. The Commission:

(a)
Proposes to the Council, at the request of the Council, measures to implement the decisions taken in accordance with the Convention with regard to the activities carried out in the Area;
(b)
Examines trends in the supply and demand for minerals that may come from the Area and their prices, as well as the factors that affect these data, taking into account the interests of importing States as exporting states, In particular those of developing States;
(c)
Considers any situation that may result in the adverse effects referred to in s. 150, let. H), brought to its attention by the State Party or the States Parties concerned and shall make appropriate recommendations to the Council;
(d)
Proposes to the Council, for submission to the Assembly, as provided for in Art. 151, para. 10, a system of compensation for developing States for which the activities carried out in the Area have adverse effects, or other assistance measures to facilitate economic adjustment, and shall do so to the Council Recommendations necessary for the implementation, in specific cases, of the system or measures adopted by the Assembly.
Article 165 The Legal and Technical Commission

The members of the Legal and Technical Commission shall have the right qualifications, including the exploration, exploitation and treatment of mineral resources, oceanology and the protection of the marine environment, or in respect of Addresses economic or legal issues related to offshore mining activities, or other related areas. The Council shall endeavour to ensure that, by its composition, the Commission has the full range of qualifications required.

2. The Commission:

(a)
Makes recommendations to the Board, at the request of the Board, on the performance of the duties of the Authority;
(b)
Reviews formal and written work plans for activities to be conducted in the Area in accordance with s. 153, para. 3, and makes appropriate recommendations to the Council. The Commission bases its recommendations on the provisions of Annex III alone and submits a full report to the Council on the subject;
(c)
Monitor, at the request of the Council, the activities carried out in the Area, where appropriate, in consultation and in cooperation with any entity or person carrying out such activities or with the State or States concerned, and reports to the Council;
(d)
Assesses the ecological impact of the activities carried out or conducted in the Area;
(e)
Makes recommendations to the Council on the protection of the marine environment, taking into account the views of recognized experts;
(f)
Develops and submits to the Board the rules, regulations and procedures referred to in s. 162, para. 2, let. (o) taking into account all relevant factors, including the assessment of the ecological impact of the activities carried out in the Area;
(g)
Re-examine these rules, regulations and procedures from time to time and recommend to the Council any amendments it deems necessary or desirable;
(h)
Makes recommendations to the Council on the establishment of a monitoring program to monitor, measure, evaluate and analyze regularly, through recognized scientific methods, the risks or consequences of activities Carried out in the Area on Marine Pollution, ensures that the existing regulations are appropriate and respected and coordinates the implementation of the monitoring programme once approved by the Council;
(i)
Recommends to the Board, on behalf of the Authority, the House for the resolution of disputes relating to the seabed, particularly in relation to s. 187, in accordance with this Part and the related schedules;
(j)
Makes recommendations to the Board on measures to be taken after the House of Commons for the resolution of disputes relating to the seabed, seized in accordance with the provisions of the Act. (i) has rendered its decision;
(k)
Recommends that the Council issue orders in the event of an emergency, including any order to suspend or modify operations, in order to prevent any serious damage that may be caused to the marine environment by the activities carried out in the Area; Council reviews these recommendations as a matter of priority;
(l)
Recommends that the Council exclude the exploitation of certain areas by contractors or by the Company where there is serious reason to believe that there would be a risk of serious harm to the marine environment;
(m)
Makes recommendations to the Council concerning the direction and supervision of a body of inspectors to monitor the activities carried out in the Area and to determine whether this Part, the rules, regulations and procedures of the Authority and The terms and conditions of any contract with the Authority are observed;
(n)
Calculates the production ceiling and issues production authorizations on behalf of the Authority under s. 151, para. 2 to 7, once the Board has made the necessary choice between applicants in accordance with s. 7 of Annex III.

(3) At the request of any State Party or any other Party concerned, the members of the Commission shall be accompanied by a representative of that State or of that Party concerned when carrying out their supervisory and inspection functions.

Subsection D The Secretariat

Article 166 The secretariat

The Secretariat of the Authority shall comprise a Secretary-General and the staff necessary for the Authority.

2. The Secretary-General shall be elected by the Assembly from among the candidates proposed by the Council for a term of four years and shall be re-elected.

The Secretary-General shall be the highest official of the Authority and shall act in that capacity at all meetings of the Assembly and of the Council and of any subsidiary body; he shall carry out all other administrative functions of which he is responsible. Organs.

The Secretary-General shall submit to the Assembly an annual report on the activities of the Authority.

Article 167 Staff of the Authority

(1) The staff of the Authority shall include persons qualified in the scientific, technical and other fields necessary for the exercise of its administrative functions.

2. The dominant consideration in the recruitment and establishment of the terms and conditions of employment of staff is to provide the Authority with the services of persons with the highest quality of work, competence and integrity. Subject to this reservation, due account shall be taken of the importance of recruitment carried out on as wide a geographical basis as possible.

3. Staff shall be appointed by the Secretary-General. The terms and conditions of appointment, remuneration and dismissal of staff shall be in accordance with the rules, regulations and procedures of the Authority.

Art. 168 International character of the Secretariat

In the performance of their duties, the Secretary-General and the staff shall not seek and accept instructions from any Government or from any other source outside the Authority. They shall refrain from any act incompatible with their status as international civil servants and shall be responsible only to the Authority. Each State Party undertakes to respect the exclusively international character of the functions of the Secretary-General and staff and not to seek to influence them in the performance of their tasks. Failure to fulfil its obligations on the part of an official shall be submitted to an administrative tribunal designated in accordance with the rules, regulations and procedures of the Authority.

2. The Secretary-General and staff shall not have any financial interests in any of the activities relating to exploration and exploitation in the Area. Subject to their obligations to the Authority, they shall not disclose, even after the termination of their duties, any industrial secret, any data which is industrial property and which has been transferred to the Authority pursuant to Art. 14 of Schedule III, or any other confidential information that they are aware of as a result of their duties.

3. Non-compliance by an official of the Authority with the obligations set out in s. 2 shall, at the request of a State Party aggrieved by such failure or of a natural or legal person sponsored by a State Party in accordance with Art. 153, para. 2, let. (b) and aggrieved by such failure, to prosecute the Authority against the official in question before a court designated in accordance with the rules, regulations and procedures of the Authority. The injured party shall have the right to participate in the proceedings. If recommended by the court, the Secretary-General shall lay off the official concerned.

4. The rules, regulations and procedures of the Authority shall provide for the implementing provisions of this Article.

Art. 169 Consultations and cooperation with international organizations and non-governmental organizations

1. For matters within the competence of the Authority, the Secretary-General concludes, after approval by the Council, agreements for consultations and cooperation with international organizations and non-governmental organizations Recognized by the Economic and Social Council of the United Nations.

(2) Any organization with which the Secretary-General has entered into an agreement under s. 1 may appoint representatives who attend as observers at meetings of the organs of the Authority in accordance with the rules of procedure of the Authority. Procedures are established to allow these organizations to make their views known in appropriate cases.

The Secretary-General may circulate to the States Parties written reports submitted by the non-governmental organizations referred to in para. 1 on matters which fall within their particular competence and relate to the work of the Authority.

Sub-section E Enterprise

Art. 170 The Enterprise

1. The Enterprise is the body of the Authority which carries out activities in the Area directly under Art. 153, para. 2, let. (a), as well as the transportation, processing and marketing of minerals from the Area.

2. Within the framework of the Authority, an international legal person, the Company shall have the legal capacity provided for in Annex IV. The Enterprise shall act in accordance with the Convention and the rules, regulations and procedures of the Authority, as well as the general policy adopted by the Assembly, and shall observe the directives of the Council and shall be subject to its control.

The Company shall have its principal place of business at the headquarters of the Authority.

4. The Company is staffed in accordance with s. 173, para. 2, and art. 11 of Schedule IV, the financial resources required to carry out its duties, and the techniques transferred to it pursuant to s. 144 and other relevant provisions of the Convention.

Subsection F Financial Organization of the Authority

Art. Financial resources of the Authority

The financial resources of the Authority shall include:

(a)
The contributions of the members of the Authority fixed in accordance with Art. 160, para. 2, let. (e);
(b)
The revenue received by the Authority pursuant to Art. 13 of annex III, for the activities carried out in the Area;
(c)
Amounts transferred by the Company in accordance with s. 10 of Annex IV;
(d)
Proceeds from borrowings under s. 174;
(e)
Voluntary contributions from members or from other sources; and
(f)
Payments made to a compensation fund in accordance with s. 151, para. 10, to be recommended by the Economic Planning Commission.
Art. Annual budget of the Authority

The Secretary-General shall prepare the annual budget of the Authority and present it to the Council. It shall examine it and submit it, together with its recommendations, to the approval of the Assembly pursuant to Art. 160, para. 2, let. (h).

Art. 173 Expenditure of the Authority

1. The contributions referred to in s. 171, let. (a) shall be paid to a special account and shall be used to cover the administration of the Authority until such time as the Authority has sufficient revenue from other sources for that purpose.

2. The Authority's financial resources are primarily used to pay for administrative expenses. With the exception of contributions referred to in s. 171, let. (a), the remaining funds after payment of such expenses may include:

(a)
Be shared in accordance with s. 140 and art. 160, para. 2, let. (g);
(b)
To provide the Company with the financial resources referred to in s. 170, para. 4;
(c)
Be used to compensate developing States in accordance with art. 151, para. 10, and art. 160, para. 2, let. (l).
Art. 174 Ability of the Authority to borrow money

1. The Authority has the capacity to borrow.

2. The Assembly shall determine the limits of this capacity in the Financial Regulation adopted pursuant to Art. 160, para. 2, let. (f).

3. The Council exercises this capacity.

4. The States Parties shall not be liable for the debts of the Authority.

Art. Annual Audit of Accounts

The reports, 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

Art. 176 Legal status

The Authority has international legal personality and has the legal capacity to carry out its functions and achieve its goals.

Art. 177 Privileges and immunities

In order to carry out its functions, the Authority shall enjoy, in the territory of each State Party, the privileges and immunities provided for in this subsection. The privileges and immunities relating to the Company are provided for in Art. 13 of Annex IV.

Art. Immunity from jurisdiction and enforcement

The Authority, together with its assets and assets, shall enjoy immunity from jurisdiction and enforcement, except to the extent that the Authority expressly waives it in a particular case.

Article 179 Exemption from search and other forms of coercion

The property and assets of the Authority, wherever situated and the holder thereof, shall be exempt from search, requisition, confiscation, expropriation and any other form of compulsion to measure the executive or the Legislative power.

Art. 180 Exemption from any control, restriction, regulation or moratorium

The property and assets of the Authority shall be exempt from any control, restriction or regulation and any moratorium.

Art. Archives and official communications of the Authority

1. The archives of the Authority shall be inviolable, wherever situated.

2. Industrial property data, information covered by industrial secret and similar information, as well as personnel files, shall not be kept in archives accessible to the public.

(3) Each State Party shall accord to the Authority, for its official communications, treatment at least as favourable as it accords to other international organizations.

Art. Privileges and immunities of persons acting within the authority of the Authority

Representatives of States Parties attending meetings of the Assembly, the Council or the bodies of the Assembly or of the Council, as well as the Secretary-General and the staff of the Authority, shall enjoy, in the territory of each State Party:

(a)
Immunity from jurisdiction and enforcement for acts performed by them in the performance of their duties, except to the extent that the State they represent or the Authority, as the case may be, expressly renounces it in a particular case;
(b)
The same exemptions as those granted by the State in whose territory they are to the representatives, officials and comparable employees of the other States Parties with regard to the conditions of immigration, formalities The registration of foreigners and national service obligations, as well as the same facilities for the regulation of foreign exchange and travel, unless they are nationals of the State concerned.
Art. 183 Exemption from taxes and customs duties

(1) The Authority, in the performance of its functions, as well as its assets, assets and income, as well as its activities and transactions authorized by the Convention, shall be exempt from any direct tax, and the property that it imports or exports for its use Is free of all customs duties. The Authority may not request any exemption from fees paid for services rendered.

2. If purchases of goods or services of a substantial value, necessary for the performance of the functions of the Authority, are carried out by or on behalf of the Authority and whether the price of such goods or services includes taxes or duties, States Parties shall, as far as possible, take appropriate measures to grant the exemption from such taxes or duties or to ensure the reimbursement thereof. Goods imported or purchased under the exemption system provided for in this Article shall not be sold or otherwise disposed of in the territory of the State Party which granted the exemption, unless it is under agreed conditions With this state.

3. The States Parties shall not receive any tax that takes directly or indirectly on the basis of the salaries, emoluments and other amounts paid by the Authority to the Secretary-General and the staff of the Authority, as well as to the experts who Carry out tasks for the Authority, unless they are their nationals.

Subsection H Suspension of Exercise of Members' Rights and Privileges

Art. 184 Suspension of voting rights

A State Party in arrears in the payment of its contributions to the Authority shall not participate in the votes if the amount of its arrears equals or exceeds the contributions owed by it for the preceding two full years. The Assembly may, however, allow that State to participate in the votes if it finds that the failure is due to circumstances beyond its control.

Art. 185 Suspension of the exercise of rights and privileges inherent in membership

1. A State Party which has seriously and persistently infringed this Part may, on the recommendation of the Council, be suspended from the exercise of the rights and privileges inherent in the quality of membership by the Assembly.

2. No decision may be taken under s. 1 as long as the Chamber for the settlement of disputes relating to the seabed has not found that the State Party in question has seriously and persistently violated this Part.

Section 5 Settlement of disputes and advisory opinions

Article 186 Chamber for the settlement of disputes relating to the seabed of the International Tribunal for the Law of the Sea

This section, Part XV and Schedule VI govern the Constitution of the House for the settlement of disputes relating to the seabed and the manner in which it exercises its jurisdiction.

Art. 187 Jurisdiction of the Chamber for the settlement of disputes relating to the seabed

The House of Commons for the resolution of disputes relating to the seabed shall have jurisdiction under this Part and the related schedules to determine the following categories of disputes relating to activities in the Area:

(a)
Disputes between States Parties relating to the interpretation or application of this Part and the annexes thereto;
(b)
Disputes between a State Party and the Authority relating to:
(i)
Acts or omissions of the Authority or of a State Party which is alleged to contravene the provisions of this Part or the annexes thereto or to the rules, regulations or procedures adopted by the Authority in accordance with those provisions Provisions, or
(ii)
Acts of the Authority alleged to exceed its competence or constitute a misuse of powers;
(c)
Disputes between parties to a contract, whether they are States Parties, the Authority or the Enterprise, or State enterprises or natural or legal persons referred to in Art. 153, para. 2, let. (b) relating to:
(i)
The interpretation or performance of a contract or work plan, or
(ii)
Acts or omissions of a party to the contract relating to activities carried out in the Area affecting the other party or directly affecting its legitimate interests;
(d)
Disputes between the Authority and an applicant who is sponsored by a State in accordance with Art. 153, para. 2, let. (b) and who has met the conditions set out in s. 4, para. 6, and art. 13, para. 2, of Annex III, relating to a refusal to contract or to a legal question arising during the negotiation of the contract;
(e)
Disputes between the Authority and a State Party, a State enterprise or a natural or legal person sponsored by a State Party in accordance with Art. 153, para. 2, let. (b) where it is alleged that the Authority is liable under s. 22 of Annex III;
(f)
Any other dispute for which the jurisdiction of the House is expressly provided for by the Convention.
Art. 188 Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or a Chamber Ad hoc Of the Chamber for the settlement of disputes relating to the seabed or to a binding commercial arbitration

Disputes between States Parties referred to in Art. 187, let. (a) may be submitted:

(a)
To a special chamber of the International Tribunal for the Law of the Sea constituted in accordance with art. 15 and 17 of Annex VI, at the request of the parties to the dispute; or
(b)
To a room Ad hoc Of the House of Commons for the resolution of disputes relating to seabed constituted in accordance with s. 36 of Annex VI, at the request of any party to the dispute.
2. A)
Disputes concerning the interpretation or application of a contract referred to in s. 187, let. (c), (i) shall, at the request of any party to the dispute, be subject to compulsory commercial arbitration, unless the parties to the dispute otherwise agree. The commercial arbitral tribunal seised of such a dispute does not have jurisdiction to rule on a point of interpretation of the Convention. If the dispute has a point of interpretation in Part XI and the related schedules relating to the activities in the Area, this item shall be referred for decision to the House for the resolution of disputes relating to the seabed.
(b)
If, at the beginning or in the course of such arbitration proceedings, the commercial arbitral tribunal, acting at the request of one of the parties to the dispute or ex officio, finds that its decision is subject to a decision of the Chamber for the settlement of the Disputes relating to the seabed, it refers this point to the House for decision. The arbitral tribunal shall then render its award in accordance with the decision of the Chamber.
(c)
In the absence, in the contract, of a provision on arbitral proceedings applicable to the dispute, arbitration shall take place, unless the parties otherwise agree, in accordance with the UNCITRAL Arbitration Rules or any other regulation Which may be provided for in the rules, regulations and procedures of the Authority.
S. 189 Limitation of jurisdiction in respect of decisions of the Authority

The Chamber for the settlement of disputes relating to the seabed shall have no jurisdiction to rule on the exercise by the Authority, in accordance with this Part, of its discretionary powers; it shall under no circumstances be a substitute for The Authority in exercising its discretionary powers. Without prejudice to art. 191, when exercising the jurisdiction conferred upon it by s. 187, the Chamber for the settlement of disputes relating to the seabed does not rule on the question whether a rule, regulation or procedure of the Authority complies with the Convention and cannot declare this rule null and void. Regulation or procedure. Its competence is limited to determining whether the application of rules, regulations or procedures of the Authority in particular cases would be in conflict with the contractual obligations of the parties to the dispute or the obligations incumbent on them Of the Convention and to hear appeals for incompetence or misuse of powers, as well as claims for damages and other claims for damages brought by one of the parties against the other for failure to fulfil its obligations Contractual obligations or obligations under the Convention.

Art. 190 Participation in the proceedings and appearance of the States Parties which have granted their patronage

1. The State Party sponsoring a natural or legal person who is a party to a dispute referred to in s. 187 shall be notified of the dispute and shall have the right to participate in the proceedings by submitting written or oral observations.

(2) Where an action is brought against a State Party by a natural or legal person sponsored by another State Party for a dispute referred to in Art. 187, let. (c) the respondent State may ask the sponsoring State to appear on behalf of the respondent. Failing to appear, the respondent State may be represented by a legal person possessing his nationality.

Art. 191 Advisory Opinions

The Chamber for the settlement of disputes relating to the seabed shall give advisory opinions, at the request of the Assembly or the Council, on the legal issues arising in the course of their activity. Such opinions shall be given as soon as possible.

Part XII Protection and preservation of the marine environment

Section 1 General provisions

Art. 192 General obligation

States have an obligation to protect and preserve the marine environment.

Art. 193 The sovereign right of States to exploit their natural resources

States have the sovereign right to exploit their natural resources according to their environmental policy and in accordance with their obligation to protect and preserve the marine environment.

Art. 194 Measures to prevent, reduce and control pollution of the marine environment

States shall take, separately or jointly, as appropriate, all measures compatible with the Convention which are necessary to prevent, reduce and control the pollution of the marine environment, irrespective of the source; they shall To this end the most appropriate means available to them, according to their capacities, and strive to harmonise their policies in this respect.

2. States shall take all necessary measures to ensure that activities within their jurisdiction or control are so as not to cause pollution damage to other States and their environment and to ensure that pollution Arising from incidents or activities within their jurisdiction or control do not extend beyond areas where they exercise sovereign rights in accordance with the Convention.

3. The measures taken under this Part shall cover all sources of pollution of the marine environment. They shall include, in particular, measures to limit as much as possible:

(a)
The disposal of toxic, harmful or harmful substances, in particular non-degradable substances, from telluric sources, from or through the atmosphere or by immersion;
(b)
Pollution by ships, in particular measures to prevent accidents and deal with emergencies, to ensure the safety of operations at sea, to prevent discards, whether intentional or not, and to regulate The design, construction, armament and operation of ships;
(c)
Pollution from installations or equipment used in the exploration or exploitation of the natural resources of the seabed and its subsoil, in particular measures to prevent accidents and to deal with emergencies, To ensure the safety of operations at sea and to regulate the design, construction, equipment, operation of such installations or equipment and the composition of the personnel assigned to them;
(d)
Pollution from other facilities or equipment operating in the marine environment, in particular measures to prevent accidents and deal with emergencies, to ensure the safety of operations at sea and to regulate Design, construction, equipment, operation of these facilities or gear and the composition of personnel assigned to them.

4. When taking measures to prevent, reduce or control the pollution of the marine environment, States shall refrain from any unjustifiable interference in the activities carried out by other States exercising their rights or carrying out their activities Obligations under the Convention.

5. The measures taken in accordance with this Part shall include measures necessary to protect and preserve rare or sensitive ecosystems and the habitat of species and other marine organisms in decline, threatened or under way Of extinction.

Art. 195 Obligation not to move the harm or the risks and not to replace one type of pollution with another

When taking measures to prevent, reduce and control pollution of the marine environment, States shall act in such a way as not to move, directly or indirectly, the damage or the risks of one zone in another and not to replace one Type of pollution by another.

Art. 196 Use of techniques or introduction of foreign or new species

States shall take all necessary measures to prevent, reduce and control the pollution of the marine environment resulting from the use of techniques within the framework of their jurisdiction or under their control, or the intentional introduction or Accidental exposure to a portion of the marine environment of foreign or new species that may cause significant and harmful changes.

2. This Article shall not affect the application of the provisions of the Convention on measures to prevent, reduce and control pollution of the marine environment.

Section 2 Global and regional cooperation

Art. 197 Global or regional cooperation

States shall cooperate globally and, where appropriate, at the regional level, directly or through relevant international organizations, in the formulation and development of rules and standards, as well as practices and procedures International guidelines compatible with the Convention, to protect and preserve the marine environment, taking into account regional particularities.

Art. Notification of imminent risk of injury or injury

Any State which is aware of cases in which the marine environment is in imminent danger of suffering damage or has suffered damage as a result of pollution, shall immediately inform the other States that it considers to be exposed to such damage and the organisations Competent international.

Art. Pollution Contingency Plans

In the cases referred to in s. 198, States in the affected area, according to their capacities, and the competent international organisations shall cooperate, as far as possible, in order to eliminate the effects of pollution and to prevent or reduce to a minimum damage. To this end, States must jointly develop and promote emergency plans to deal with incidents involving pollution of the marine environment.

Art. 200 Studies, research programs and exchange of information and data

States shall cooperate, directly or through the competent international organisations, with a view to promoting studies, undertaking scientific research programmes and encouraging the exchange of information and data on Marine pollution. They strive to participate actively in regional and global programs to acquire the knowledge required to determine the nature and extent of pollution, exposure to pollution, pathways, risks And the possible remedies.

Art. 201 Scientific Criteria for the Development of Regulations

Based on the information and data collected pursuant to s. 200, States shall cooperate, directly or through the competent international organisations, with a view to establishing appropriate scientific criteria for the formulation and elaboration of rules and standards, as well as practices and Recommended procedures to prevent, reduce and control marine pollution.

Section 3 Technical assistance

Art. 202 Assistance to developing States in the fields of science and technology

States, acting directly or through the competent international organizations, shall:

(a)
Promote programmes of assistance to developing States in the fields of science, education, technology and other fields, with a view to protecting and preserving the marine environment and preventing, reducing and controlling the Marine pollution.
This assistance includes:
(i)
Train the scientific and technical staff of these states,
(ii)
Facilitate their participation in relevant international programmes,
(iii)
Provide these States with the necessary equipment and facilities,
(iv)
Increase their capacity to manufacture this material themselves,
(v)
Provide advisory services and develop material resources for research, ongoing monitoring, education and other programs;
(b)
Provide appropriate assistance, especially to developing States, to help them reduce to a minimum the effects of major accidents that could lead to pollution of the marine environment;
(c)
Provide appropriate assistance, especially to developing countries, for the preparation of ecological assessments.
Art. 203 Preferential treatment for developing States

In order to prevent, reduce and control pollution of the marine environment or reduce to a minimum its effects, international organizations shall accord preferential treatment to developing States with regard to:

(a)
The allocation of appropriate funds and technical assistance; and
(b)
The use of their specialized services.

Section 4 Continuous Monitoring and Ecological Assessment

Art. Continuous monitoring of pollution risks and the effects of pollution

States shall endeavour, to the extent possible and in a manner consistent with the rights of other States, directly or through the competent international organizations, to observe, measure, evaluate and analyse, by means of Recognized scientific methods, the risks of pollution of the marine environment or the effects of such pollution.

2. In particular, they constantly monitor the effects of all activities they authorize or engage in in order to determine whether these activities are likely to pollute the marine environment.

Art. Publishing reports

States shall publish reports on the results obtained pursuant to Art. 204 or provide, at appropriate intervals, such reports to the competent international organizations, which shall make them available to all other States.

Art. 206 Evaluation of the potential effects of activities

Where States have serious reasons to believe that proposed activities under their jurisdiction or control may result in significant pollution or significant and harmful alteration of the marine environment, they shall evaluate, To the extent possible, the potential effects of such activities on this environment and report on the results of such assessments in the manner provided for in s. 205.

Section 5 International and domestic regulations to prevent, reduce and control pollution of the marine environment

Art. Land-based pollution

States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment of land origin, including pollution from rivers, rivers, estuaries, pipelines and discharge facilities, taking into account Rules and standards, as well as internationally agreed best practices and procedures.

(2) States shall take all other measures which may be necessary to prevent, reduce and control such pollution.

States shall endeavour to harmonise their policies in this respect at the appropriate regional level.

States, acting in particular through the competent international organizations or a diplomatic conference, shall endeavour to adopt, at a global and regional level, rules and standards and practices and procedures To prevent, reduce and control this pollution, taking into account the regional particularities, the economic capacity of the developing States and the requirements of their economic development. These rules and standards, as well as these recommended practices and procedures, are reviewed from time to time, as required.

5. Legislation, regulations and measures, as well as the rules and standards and recommended practices and procedures referred to in s. 1, 2 and 4, include measures to limit as far as possible the disposal in the marine environment of toxic, harmful or harmful substances, in particular non-degradable substances.

Art. 208 Pollution resulting from activities relating to the seabed within the national jurisdiction

Coastal States shall adopt laws and regulations in order to prevent, reduce and control the pollution of the marine environment resulting directly or indirectly from activities relating to the seabed and within their jurisdiction or originating from islands Artificial, installations and works within their jurisdiction under s. 60 and 80.

(2) States shall take all other measures which may be necessary to prevent, reduce and control such pollution.

3. These laws, regulations and measures should not be less effective than international rules and standards or recommended practices and procedures of an international nature.

4. States shall endeavour to harmonise their policies in this respect at the appropriate regional level.

5. States, acting in particular through the competent international organizations or a diplomatic conference, shall adopt rules and standards, as well as recommended practices and procedures, at the global and regional level; To prevent, reduce and control the pollution of the marine environment referred to in subs. 1. These rules and standards, as well as these recommended practices and procedures, are reviewed from time to time, as required.

Article 209 Pollution from activities in the Area

1. International rules, regulations and procedures shall be adopted in accordance with Part XI to prevent, reduce and control pollution of the marine environment resulting from activities carried out in the Area. These rules, regulations and procedures are reviewed from time to time, as required.

2. Subject to the relevant provisions of this Section, States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment resulting from activities carried out in the Area by ships or from Installations, structures or other equipment, flying their flag, registered in their territory or under their authority, as the case may be; these laws and regulations shall not be less effective than the rules, regulations and procedures International referred to in s. 1.

Art. 210 Pollution by immersion

States shall adopt laws and regulations in order to prevent, reduce and control the pollution of the marine environment by immersion.

(2) States shall take all other measures which may be necessary to prevent, reduce and control such pollution.

3. These laws, regulations and measures ensure that no immersion can be made without the authorization of the competent authorities of the States.

States, acting in particular through the competent international organizations or a diplomatic conference, shall endeavour to adopt, at the global and regional level, rules and standards, as well as practices and procedures To prevent, reduce and control this pollution. These rules and standards, as well as these recommended practices and procedures, are reviewed from time to time, as required.

5. Disposal in the territorial sea and the Exclusive Economic Zone or on the continental shelf may not take place without the express prior agreement of the coastal State; the coastal State shall have the right to authorize, regulate and control such dumping, After having duly considered the matter with the other States for which, due to their geographical location, such dumping may have adverse effects.

6. National laws and regulations, as well as national measures, must not be less effective in preventing, reducing and controlling this pollution than global rules and standards.

Art. 211 Pollution from ships

States, acting through the competent international organization or a general diplomatic conference, shall adopt international rules and standards to prevent, reduce and control pollution of the marine environment by Vessels and shall endeavour to promote the adoption, where appropriate, of vessel traffic arrangements aimed at reducing to a minimum the risk of accidents likely to pollute the marine environment, including the coastline, and to carry Thereby affecting the related interests of coastal States. These rules and standards are similarly reviewed from time to time, as required.

2. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment by vessels flying their flag or registered by them. Such laws and regulations shall not be less effective than generally accepted international rules and standards established through the competent international organization or a general diplomatic conference.

States which, with the aim of preventing, reducing and controlling the pollution of the marine environment, impose special conditions on foreign vessels for the entry into their ports or inland waters or the use of their facilities At the end of the spectrum, give the necessary publicity to these conditions and communicate them to the competent international organisation. Where, with a view to harmonising the policy followed in this field, two or more coastal States impose such conditions in an identical form, it is indicated in the communication which States are participating in such arrangements. Each State shall require the master of a ship flying its flag or registered by him, when that ship is in the territorial sea of a participating State, to furnish information at the request of that State Indicating whether it is heading towards a State of the same region which participates in these arrangements and, if so, whether the ship complies with the conditions imposed by that State concerning the entry into its ports. This Article shall be without prejudice to the continuation of the exercise by a ship of its right of safe passage or of the application of s. 25, para. 2.

(4) Coastal States may, in the exercise of their sovereignty over their territorial sea, adopt laws and regulations to prevent, reduce and control the pollution of the marine environment by foreign vessels, including vessels engaged in Safe passage right. These acts and regulations, in accordance with section 3 of Part II, must not interfere with the safe passage of foreign vessels.

5. For the purposes of the implementation referred to in Section 6, coastal States may adopt laws and regulations for their Exclusive Economic Zone to prevent, reduce and control pollution by vessels that are compliant and Effect on generally accepted international rules and standards established through the competent international organization or a general diplomatic conference.

6. A)
Where the international rules and standards referred to in s. 1 does not adequately address particular situations and that a coastal State is reasonably justified in considering that a specific and clearly defined Area of its Exclusive Economic Zone requires the adoption of Special mandatory measures for the prevention of pollution by ships, for technical reasons recognized in relation to its oceanographic and ecological characteristics, its use or the protection of its resources and character In particular traffic, this State may, after having held through the organization Competent international consultations with any State concerned, communicate to that organization a communication concerning the Area concerned by providing, in support of, scientific and technical justifications and Information on the necessary reception facilities. Within twelve months of receipt of the communication, the organisation shall decide whether the situation in the Area under consideration meets the above conditions. If the organization decides that this is the case, the coastal state may adopt laws and regulations for this Area to prevent, reduce and control pollution from ships that give effect to rules and standards or navigation practices The organization has made applicable to the Special Areas. These laws and regulations become applicable to foreign vessels only upon expiry of a period of fifteen months from the date of communication to the organization.
(b)
The coastal State shall publish the boundaries of these Specific and clearly defined Areas.
(c)
In the communication referred to above, the coastal State shall at the same time indicate to the organization if it intends to adopt for the Area which is the subject of the additional laws and regulations to prevent, reduce and control pollution by Ships. These additional laws and regulations may relate to discards or navigation practices, but do not require foreign vessels to comply with other standards for design, construction and armaments than the rules and regulations. Generally accepted international standards; they become applicable to foreign vessels on expiry of a period of fifteen months from the date of communication to the organisation, provided that the organisation approves them within a time limit of Twelve months from that date.

7. The international rules and standards referred to in this article should include, inter alia, the obligation to notify, without delay, coastal States whose coastline or related interests are liable to be affected, sea accidents, These include those that result in or are likely to cause discards.

Art. 212 Air pollution or transatmospheric pollution

1. States, in order to prevent, reduce or control the pollution of the marine environment of atmospheric or transatmospheric origin, shall adopt laws and regulations applicable to the airspace of their sovereignty and to vessels flying their Flag or to vessels or aircraft registered by them, taking into account rules and standards, as well as internationally agreed recommended practices and procedures and the safety of air navigation.

(2) States shall take all other measures which may be necessary to prevent, reduce and control such pollution.

States, acting in particular through the competent international organizations or a diplomatic conference, shall endeavour to adopt rules and standards, as well as practices and procedures, at the global and regional level To prevent, reduce and control this pollution.

Section 6 Implementation

Art. Enforcement of Land-based Pollution Regulations

States shall ensure the application of the laws and regulations adopted in accordance with Art. 207; adopt the laws and regulations and take other necessary measures to give effect to the applicable international rules and standards, established through competent international organizations or a conference Diplomatic, in order to prevent, reduce and control pollution of the marine environment of land origin.

Art. 214 Enforcement of pollution regulations arising from activities relating to the seabed

States shall ensure the application of the laws and regulations adopted in accordance with Art. 208; adopt laws and regulations and take other necessary measures to give effect to applicable international rules and standards established through relevant international organizations or conferences Diplomatic, in order to prevent, reduce and control the pollution of the marine environment resulting directly or indirectly from activities relating to the seabed and within their jurisdiction, or which originates from artificial islands, installations and Works within their jurisdiction under s. 60 and 80.

Art. 215 Implementation of international pollution regulations resulting from activities in the Area

The implementation of international rules, regulations and procedures established in accordance with Part XI to prevent, reduce and control marine pollution resulting from activities in the Area shall be governed by that Party.

Art. Enforcement of the Disposal of Pollution Regulations

1. The laws and regulations adopted in accordance with the Convention and the applicable international rules and standards established through the competent international organizations or a diplomatic conference to prevent, reduce and Control the pollution of the marine environment by disposal is implemented by:

(a)
The coastal State, in respect of the disposal within the limits of its territorial sea or its Exclusive Economic Zone or on its continental shelf;
(b)
Flag State, in respect of ships flying its flag or of ships or aircraft registered by it;
(c)
Any State, in respect of the loading of waste or other matter into its territory or its terminal facilities offshore.

(2) No State shall, under this Article, be required to bring an action where an action has already been brought by another State in accordance with that same article.

Art. Powers of the flag State

States shall ensure that vessels flying their flag or registered by them comply with the applicable international rules and standards established through the competent international organization or a diplomatic conference And the laws and regulations they have adopted in accordance with the Convention in order to prevent, reduce and control the pollution of the marine environment by ships and adopt the laws and regulations and shall take the necessary measures to Give them effect. The flag State shall ensure that these rules, standards, laws and regulations are effectively enforced, regardless of the place of the offence.

2. States shall, in particular, take appropriate measures to prohibit ships flying their flag or registered by them to sail as long as they have not complied with the international rules and standards referred to in subs. 1, including provisions for the design, construction and arming of ships.

States shall ensure that ships flying their flag or registered by them are equipped with the required certificates and issued in accordance with the international rules and standards referred to in subs. 1, States shall ensure that vessels flying their flag are inspected periodically to verify that the references on the certificates are in accordance with the actual state of the vessel. The other States shall accept such certificates as proof of the State of the ship and shall accept them the same force as those they issue, unless there are serious reasons to believe that the State of the ship does not correspond, to a measure Significance, to the references to the certificates.

4. If a ship commits an infringement of the rules and standards established through the competent international organization or a general diplomatic conference, the flag State shall, without prejudice to art. 218, 220 and 228 shall immediately conduct an investigation and, where appropriate, conduct an action for the alleged offence, regardless of where the offence occurred or where the resulting pollution occurred or was found to have occurred.

5. When investigating the infringement, the flag State may request the assistance of any other State whose cooperation may be useful in elucidating the circumstances of the case, States shall endeavour to respond to the appropriate requests for Flag State.

6. States, upon the written request of a State, investigate any infringement that would have been committed by ships flying their flag. The flag State shall undertake without delay, in accordance with its domestic law, the prosecution of the head of the alleged offence if it is satisfied that there is sufficient evidence to do so.

The flag State shall without delay inform the requesting State and the competent international organisation of the action taken and its results. All States shall have access to the information thus communicated.

8. The sanctions provided for by the laws and regulations of states against ships flying their flag must be sufficiently rigorous to deter infringements in any place.

Art. Port State Authorities

1. When a ship is voluntarily in a port or a terminal facility offshore, the port State may initiate an investigation and, where the evidence so warrants, commence an action for any discharge beyond its waters Inland, the territorial sea or its Exclusive Economic Zone by the ship in breach of the applicable international rules and standards established through the competent international organization or a diplomatic conference General.

2. The port State does not take action under s. 1 for an offence as a result of discharges to inland waters, the territorial sea or the Exclusive Economic Zone of another State, unless such discharges have caused or are likely to cause the pollution of its internal waters, of its sea Or its Exclusive Economic Zone, or if the other State, the flag State or a State which has suffered or is at risk of suffering damage as a result of such discards, the request.

(3) Where a ship is voluntarily in a port or at a terminal facility offshore, the port State shall endeavour to grant the requests for an investigation by any other State concerning discharges liable to constitute the infringement referred to in par. 1 which would have been carried out in the inland waters, the territorial sea or the exclusive economic zone of the requesting State, and which would have polluted or could pollute these areas. The port State shall also endeavour to grant the flag State's requests for investigation of such offences, wherever they may have been committed.

4. The record of the investigation carried out by the port State pursuant to this Article shall be transmitted, upon request, to the flag State or to the coastal State. Any action taken by the port State on the basis of that investigation may, subject to Section 7, be suspended at the request of the coastal State, where the offence has been committed in the inland waters, the territorial sea or the economic zone Exclusive of the latter. The evidence, the case file, as well as any security or other financial security deposited with the authorities of the port State, shall then be transmitted to the coastal State. This transmission excludes the action being continued in the port State.

S. 219 Airworthiness Control Measures to Prevent Pollution

Subject to section 7, States, when they have determined, upon request or on their own initiative, that a ship in one of their ports or at one of their terminal facilities offshore has breached the rules and standards Applicable international in relation to the seaworthiness of ships and the risk of causing damage to the marine environment, shall, as far as possible, take administrative measures to prevent this ship from sailing. They only allow it to go to the nearest appropriate repair site and, once the causes of the infringement have been eliminated, allow it to proceed without delay.

Art. 220 Powers of the coastal State

1. Where a ship is voluntarily in a port or terminal offshore, the State of the port may, subject to section 7, bring an action for any infringement of the laws and regulations it has adopted in accordance with the Convention or the applicable international rules and standards for the prevention, reduction and control of pollution by ships, if the offence has been committed in its territorial sea or exclusive economic zone.

2. Where a State has serious reasons to believe that a ship sailing in its territorial sea has violated, at the time of its passage, the laws and regulations it has adopted in accordance with the Convention or the applicable international rules and standards In order to prevent, reduce and control pollution by ships, it may proceed, without prejudice to the application of the relevant provisions of Section 3 of Part II, to the physical inspection of the ship in order to establish the infringement and, where The evidence justifies it, take action and, in particular, order The detention of the vessel in accordance with its domestic law, subject to Section 7.

3. Where a State has serious reasons to believe that a ship sailing in its exclusive economic zone or territorial sea has committed, in the exclusive economic zone, an infringement of the relevant international rules and standards To prevent, reduce and control pollution by ships or the laws and regulations that it has adopted in accordance with these international rules and standards and give effect to them, that State may request the ship to provide information concerning its Identity and port of registration, last and next port of call and other Relevant information required to establish whether an offence has been committed.

States shall adopt the laws and regulations and shall take the necessary measures to ensure that vessels flying their flag are entitled to the requests for information referred to in subs. 3.

5. Where a State has serious reasons to believe that a ship sailing in its exclusive economic zone or its territorial sea has committed, in the exclusive economic zone, an offence under subs. 3 resulting in significant releases to the marine environment that have caused or are likely to cause significant pollution, the vessel may inspect the vessel to determine if there has been an offence, if the vessel has refused to provide Information or if the information provided is in clear conflict with the facts, and the circumstances of the case justify this inspection.

6. Where there is clear evidence that a ship operating in the exclusive economic zone or the territorial sea of a State has committed, in the exclusive economic zone, an offence under subs. 3 having caused discards that have caused or are likely to cause significant damage to the coastline or related interests of the coastal State or any resources of its territorial sea or exclusive economic zone, this State may, subject to Section 7, if the evidence warrants, to bring an action, including the ordering of the detention of the ship in accordance with its domestic law.

7. Notwithstanding s. 6, in all cases where appropriate procedures have been established through the competent international organization, or otherwise agreed to ensure compliance with the obligations concerning the payment of security Or the deposit of another appropriate financial guarantee, the coastal State, if it is bound by these procedures, authorships the ship to continue its route.

8. The s. 3, 4, 5, 6 and 7 also apply to national laws and regulations adopted under s. 211, para. 6.

Art. 221 Measures to prevent pollution following a sea accident

Nothing in this Part shall affect the right of States, under international law, both customary and conventional, to take and enforce beyond the territorial sea measures proportionate to the Damage that they have actually suffered or are threatened with in order to protect their coastline or related interests, including fishing, against pollution or a threat of pollution resulting from an accident at sea, or acts related to such an accident, Which can reasonably be expected to have adverse consequences.

2. For the purposes of this Article, "sea accident" means a collision, grounding or other incident of navigation or incident on board or outside a ship causing material damage or an imminent threat of damage Equipment for a ship or its cargo.

Art. 222 Implementation of regulations related to air and/or transatmospheric pollution

Within the limits of the airspace in which their sovereignty is exercised or in respect of ships flying their flag or of ships or aircraft registered by them, States shall ensure the application of the laws and regulations adopted by them in accordance with Art. 212, para. 1, and other provisions of the Convention and adopt laws and regulations and take other measures to give effect to applicable international rules and standards established through competent international organizations Or a diplomatic conference to prevent, reduce and control the pollution of the marine environment of atmospheric or transatmospheric origin, in accordance with all relevant international rules and standards relating to the safety of the marine environment. Air navigation.

Section 7 Guarantees

Art. Measures to facilitate the conduct of an action

Where an action is brought under this Part, States shall take measures to facilitate the hearing of witnesses and the admission of evidence produced by the authorities of another State or by the competent international organization And facilitate participation in the debates of official representatives of this organisation, the flag State or any state affected by the pollution resulting from any infringement. The official representatives participating in these discussions shall have the rights and obligations under domestic law or international law.

Art. Exercise of police powers

Only officially authorised officials, as well as warships or military aircraft or other ships or aircraft which bear external marks clearly indicating that they are assigned to a public service and which are authorised to That effect, may exercise police powers against foreign vessels under this Part.

Art. 225 Obligation of States to avoid the adverse consequences of the exercise of their police powers

When exercising, under the Convention, their police powers against foreign vessels, States shall not endanger the safety of navigation, nor shall there be any risk to a ship or to a port or place thereof Dangerous anchoring or excessive risk to the marine environment.

Art. 226 Investigations to be made by foreign vessels
1. A)
States shall not retain a foreign ship any longer than is necessary for the purposes of investigations under Art. 216, 218 and 220. The physical inspection of a foreign ship shall be limited to the examination of certificates, records or other documents required by the ship to be provided under generally accepted international rules and standards, or of any documents May be undertaken for further physical inspection of the vessel only as a result of this review and only if:
(i)
There are serious reasons to believe that the state of the ship or its equipment does not correspond essentially to the records on the documents;
(ii)
The contents of these documents are not sufficient to confirm or verify the alleged offence;
(iii)
The ship is not equipped with valid certificates and documents.
(b)
Where it is apparent from the investigation that there has been an infringement of the applicable laws and regulations or the international rules and standards for the protection and preservation of the marine environment, the vessel's detention shall be released without delay after The completion of reasonable formalities, such as the deposit of a security or other financial guarantee.
(c)
Without prejudice to the international rules and standards applicable to the airworthiness of ships, if the release of the immobilization of a ship were to result in a risk of undue damage to the marine environment, the vessel in question could Not be permitted to proceed or be permitted to proceed to the nearest appropriate repair site. In the event that the release of the vessel's detention has been refused or has been subject to conditions, the flag State shall be informed without delay and may request such release in accordance with Part XV.

2. States shall cooperate in the elaboration of procedures to avoid unnecessary physical inspections of ships at sea.

Art. 227 Non-discrimination against foreign vessels

When exercising their rights and fulfilling their obligations under this Part, States shall not subject the ships of any other State to any discrimination of law or fact.

Art. 228 Suspension of prosecution and restrictions on the institution of prosecution

1. Where proceedings have been instituted by a State for the purpose of repressing an infringement of the applicable laws and regulations or the international rules and standards to prevent, reduce and control pollution by ships, committed beyond its Territorial sea by a foreign ship, those proceedings shall be suspended where the flag State itself has instituted proceedings against the head of the same offence, within six months of the first action being introduced, unless the first action is Concerned a case of serious damage to the coastal State or that the flag State in question has Several times failed to fulfil its obligation to ensure the effective application of the international rules and standards in force as a result of infringements committed by its vessels. The flag State which has requested the suspension of proceedings in accordance with this Article shall provide the first State with a complete record of the case and the minutes of the proceedings. When the courts of the flag State have handed down their judgment, the prosecution is terminated. After settlement of the costs of the proceedings, any surety or other financial security posted on the occasion of such proceedings shall be returned by the coastal State.

2. No prosecution shall be instituted against foreign vessels after the expiry of a period of three years from the date of the offence, and no State may initiate such proceedings if another State has already committed it, subject to the From s. 1.

3. This Article shall not affect the right of the flag State to take all measures, including the right to prosecute, in accordance with its domestic law, independently of those previously committed by another State.

Art. 229 Action in civil liability

Nothing in the Convention shall affect the right to take action in civil liability in the event of loss or damage resulting from pollution of the marine environment.

Art. Monetary penalties and respect for the rights of the accused

1. Only monetary penalties may be imposed in the event of an infringement of national laws and regulations or applicable international rules and standards to prevent, reduce and control pollution of the marine environment, which have been committed by Foreign vessels beyond the territorial sea.

2. Only monetary penalties may be imposed in the event of an infringement of national laws and regulations or applicable international rules and standards to prevent, reduce and control pollution of the marine environment, which have been committed by Foreign vessels in the territorial sea, unless it is a deliberate and serious act of pollution.

3. In the course of proceedings instituted to suppress such offences committed by a foreign ship for which penalties may be imposed, the rights of the accused shall be respected.

Art. 231 Notification to the flag State and other States concerned

States shall notify the flag State and any other State concerned without delay of all measures taken against foreign vessels pursuant to Section 6 and shall submit to the flag State all official reports concerning these Measures. However, in the case of offences committed in the territorial sea, the coastal State is bound by these obligations only with regard to the measures taken in the course of proceedings. Diplomatic agents or consular officials and, to the extent possible, the maritime authority of the flag State shall be immediately informed of any such measures.

Art. 232 Responsibility of States by means of enforcement measures

States shall be liable for any loss or damage attributable to them as a result of measures taken pursuant to Section 6, where such measures are unlawful or go beyond those reasonably necessary, having regard to Information available. States shall provide remedies before their courts for actions to remedy such loss or damage.

Art. Guarantees concerning straits used for international navigation

Nothing in Sections 5, 6 and 7 affects the legal regime of straits used for international navigation. However, if a foreign ship other than those referred to in section 10 has contravened the acts and regulations referred to in s. 42, para. 1, let. (a) and (b) causing or threatening to cause significant damage to the marine environment of the straits, the states bordering the straits may take appropriate police measures while respecting Mutatis mutandis This section.

Section 8 Ice-covered areas

Art. Ice-covered areas

Coastal States shall have the right to adopt and enforce non-discriminatory laws and regulations in order to prevent, reduce and control the pollution of the marine environment by vessels in areas covered by ice and included in The limits of the exclusive economic zone, when particularly severe climatic conditions and the fact that these areas are covered by the ice during most of the year are an obstacle to navigation or render it Exceptionally dangerous, and the pollution of the marine environment is likely to seriously damage the Ecological balance or irreversibly disturbing it. These laws and regulations shall take due account of navigation, as well as the protection and preservation of the marine environment on the basis of the most reliable scientific data available.

Section 9 Responsibility

Art. 235 Liability

1. States are responsible for ensuring the fulfilment of their international obligations with regard to the protection and preservation of the marine environment. They are responsible in accordance with international law.

2. States shall ensure that their domestic law provides remedies for prompt and adequate compensation or other compensation for damage resulting from pollution of the marine environment by natural or legal persons Under their jurisdiction.

3. In order to ensure prompt and adequate compensation for all damage resulting from pollution of the marine environment, States shall cooperate to ensure the application and development of international law of liability in respect of The assessment and compensation of damages and the settlement of disputes in this field, as well as, where appropriate, the elaboration of criteria and procedures for the payment of adequate compensation, including, for example, compulsory insurance or Compensation funds.

Section 10 Sovereign immunity

Art. 236 Sovereign Immunity

The provisions of the Convention relating to the protection and preservation of the marine environment shall not apply to warships or auxiliary vessels, or to other ships or aircraft belonging to or operated by a State when The latter uses them, at the time considered, exclusively for non-commercial public service purposes. However, each State shall take the appropriate measures which do not affect the operations or operational capacity of the ships or aircraft owned or operated by it in such a way that they act, as far as possible, in a manner that Compatible with the Convention.

Section 11 Obligations under other conventions on the protection and preservation of the marine environment

Art. 237 Obligations arising from other conventions on the protection and preservation of the marine environment

(1) This Part does not affect the specific obligations of States under specific conventions and agreements concluded previously with regard to the protection and preservation of the marine environment, nor the agreements which may be Concluded in accordance with the general principles set out in the Convention.

States shall fulfil their specific obligations with regard to the protection and preservation of the marine environment under special conventions in a manner consistent with the general principles and objectives of the Convention.

Part XIII Marine Scientific Research

Section 1 General provisions

Article 238 Right to conduct marine scientific research

All States, irrespective of their geographical location, as well as the competent international organizations, have the right to conduct marine scientific research, subject to the rights and obligations of other States as they are Defined in the Convention.

Article 239 Obligation to promote marine scientific research

States and relevant international organizations shall encourage and facilitate the development and conduct of marine scientific research in accordance with the Convention.

Art. 240 General principles governing the conduct of marine scientific research

Marine scientific research is guided by the following principles:

(a)
It is conducted exclusively for peaceful purposes;
(b)
It is carried out using appropriate scientific methods and means compatible with the Convention;
(c)
It does not unjustifiably hinder other legitimate uses of the sea compatible with the Convention and is duly taken into account in those uses;
(d)
It shall be conducted in accordance with all relevant regulations adopted pursuant to the Convention, including those for the protection and preservation of the marine environment.
S. 241 Non-recognition of marine scientific research as the legal basis for any claim

Marine scientific research is not the legal basis for any claim to any part of the marine environment or its resources.

Section 2 International cooperation

S. 242 Obligation to foster international cooperation

1. In accordance with the principle of respect for sovereignty and jurisdiction, and on the basis of reciprocity of benefits, States and competent international organizations shall promote international cooperation in research Marine science for peaceful purposes.

2. In this context and without prejudice to the rights and obligations of States under the Convention, a State, acting in accordance with this Part, shall offer to other States, as appropriate, reasonable opportunities to obtain from it or With its cooperation the information necessary to prevent and control the harmful effects on the health and safety of persons and the marine environment.

Art. Introduction of favourable conditions

States and relevant international organizations shall cooperate, through the conclusion of bilateral and multilateral agreements, to create favourable conditions for the conduct of marine scientific research in the marine environment and to unite efforts Researchers who study the nature of the phenomena and processes that are the site and their interactions.

Article 244 Publication and dissemination of information and knowledge

States and competent international organizations shall publish and disseminate, through appropriate channels and in accordance with the Convention, information concerning the main programmes envisaged and their objectives, as well as the Knowledge derived from marine scientific research.

2. To this end, States, both individually and in cooperation with other States and relevant international organisations, actively promote the communication of scientific data and information, and the transfer, in In particular to developing States, knowledge derived from marine scientific research, and the strengthening of their own capacity to conduct marine scientific research, in particular by means of programmes aimed at Provide appropriate education and training to their technical and scientific staff .

Section 3 Conduct of marine scientific research and action to promote it

Art. Marine scientific research in the territorial sea

The coastal states, in the exercise of their sovereignty, have the exclusive right to regulate, authorize and conduct marine scientific research in their territorial sea. Marine scientific research in the territorial sea shall be carried out only with the express consent of the coastal State and under the conditions laid down by it.

Art. Marine scientific research in the exclusive economic zone and on the continental shelf

Coastal States, in the exercise of their jurisdiction, have the right to regulate, authorize and conduct marine scientific research in their exclusive economic zone and on their continental shelf in accordance with the provisions of the Relevant to the Convention.

2. Marine scientific research in the Exclusive Economic Zone and on the Continental Shelf is conducted with the consent of the coastal State.

3. In normal circumstances, coastal States consent to the conduct of marine scientific research projects which other States or relevant international organizations propose to undertake in their economic zone In accordance with the Convention, for exclusively peaceful purposes and in order to increase scientific knowledge of the marine environment in the interests of all mankind. To this end, coastal States shall adopt rules and procedures to ensure that their consent is granted within a reasonable time and shall not be unreasonably withheld.

4. For the purposes of the application of s. 3, the circumstances may be considered normal even in the absence of diplomatic relations between the coastal State and the State which proposes to carry out research.

5. The coastal States may, however, at their discretion, refuse their consent to the execution of a marine scientific research project by another State or by a competent international organization in their exclusive economic zone or on Their continental shelf in the following cases:

(a)
Whether the project has a direct impact on the exploration and exploitation of natural, biological or non-biological resources;
(b)
If the project involves drilling in the continental shelf, using explosives or introducing deleterious substances into the marine environment;
(c)
If the project involves the construction, operation or use of artificial islands, installations and works referred to in s. 60 and 80;
(d)
Whether the information disclosed in relation to the nature and objectives of the project under s. 248 are incorrect or if the State or the competent international organisation responsible for the project has not fulfilled its obligations to the coastal State concerned in respect of a previous research project.

6. Notwithstanding s. 5, coastal states cannot exercise their discretion to refuse consent under the terms of the let. (a) in respect of marine scientific research projects to be undertaken, in accordance with this Part, on the continental shelf, more than 200 nautical miles from the baselines from which the The width of the territorial sea, outside specific areas which they may at any time, officially designate as being the object, or to be the subject within a reasonable period of time, of exploitation or advanced exploration work. Coastal States shall notify within a reasonable time the areas they designate and any amendments thereto, but shall not be obliged to provide details of the work to which they are subject.

7. Le par. 6 applies without prejudice to the rights on the continental shelf recognized by coastal States to s. 77.

The marine scientific research referred to in this Article shall not unjustifiably interfere with the activities undertaken by coastal States in the exercise of the sovereign rights and jurisdiction laid down in the Convention.

Art. 247 Research projects undertaken by or under the auspices of international organizations

A coastal State which is a member of or related to an international organization by a bilateral agreement and in the exclusive economic zone or on the continental shelf of which that organization wishes to execute directly or do Executed under its auspices a marine scientific research project, shall be deemed to have authorized the execution of the project in accordance with the agreed specifications if it approved the detailed project when the organization has taken the decision to undertake it Or if it is willing to participate in it and has no objection to the expiry of a period of Four months from the time when the project was notified by the organization.

Art. 248 Obligation to provide information to the coastal State

States and competent international organizations intending to undertake marine scientific research in the exclusive economic zone or on the continental shelf of a coastal State shall provide the latter, not more than six months Late before the start date of the marine scientific research project, a complete description of:

(a)
The nature and objectives of the project;
(b)
The method and means to be used, specifying the name, tonnage, type and category of vessels, and a description of scientific equipment;
(c)
The specific geographic areas where the project will be carried out;
(d)
The expected dates of the first arrival and departure of the research vessels or of the installation and removal of the research material, as appropriate;
(e)
The name of the institution sponsoring the research project, the director of the institution and the project leader;
(f)
The extent to which the coastal State may participate in the project or be represented.
Art. 249 Obligation to meet certain conditions

States and competent international organizations conducting marine scientific research in the exclusive economic zone or on the continental shelf of a coastal State shall comply with the following conditions:

(a)
To guarantee to the coastal State, if it so desires, the right to participate in the proposed marine scientific research or to be represented, in particular, where possible, on board vessels and other research vessels or on the Scientific research facilities, but without payment of any remuneration to researchers in that State and without the latter being obliged to participate in the project costs;
(b)
Provide the coastal State, on its request, with preliminary reports as soon as possible, as well as the final results and conclusions, once the research has been completed;
(c)
Undertake to give the coastal State, on its request, access to all samples and data obtained in the framework of the marine scientific research project, as well as to provide it with data that can be reproduced and samples which may be Fractionated without affecting their scientific value;
(d)
Provide to the coastal State, upon request, an evaluation of such data, samples and research results, or help them to evaluate or interpret them;
(e)
To do so, subject to s. 2, that the results of the research be made available as soon as possible at international level through appropriate national or international channels;
(f)
Inform the coastal state immediately of any major changes to the research project;
(g)
Remove the scientific research facilities or equipment once the research has been completed, unless otherwise agreed.

(2) This Article shall apply without prejudice to the conditions laid down by the laws and regulations of the coastal State in respect of the exercise of its discretion to grant or refuse its consent pursuant to Art. 246, para. 5, including the requirement to obtain prior agreement to disseminate internationally the results of research under a project directly relevant to the exploration and exploitation of natural resources.

Art. 250 Communications concerning marine scientific research projects

Communications concerning marine scientific research projects shall be made by the appropriate official channels, unless otherwise agreed.

Article 251 General Criteria and Guiding Principles

States shall endeavour to promote, through the competent international organizations, the establishment of general criteria and guidelines to assist them in determining the nature and implications of the research Marine science.

Art. 252 Tacit Consent

States or competent international organizations may carry out a marine scientific research project at the expiration of a period of six months from the date on which the information required under Art. 248 have been communicated to the coastal State, unless, within a period of four months from the receipt of such information, the State or the organisation proposing to carry out the searches has not been informed:

(a)
Refuses his or her consent under s. 246; or
(b)
Information provided by that competent State or international organization as to the nature or objectives of the project does not correspond to the facts of the case; or
(c)
That he or she needs more information about the information or conditions under s. 248 and 249; or
(d)
Obligations under the conditions set out in s. 249 for a marine scientific research project previously carried out by that State or organization has not been fulfilled.
Article 253 Suspension or termination of marine scientific research

The coastal State shall have the right to require the suspension of the work of marine scientific research in progress in its exclusive economic zone or on its continental shelf:

(a)
If such work is not conducted in accordance with the information provided under s. 248, on which the coastal State relied to give its consent; or
(b)
If the relevant State or international organization does not comply with the provisions of Art. 249 on the rights of the coastal state with regard to the marine scientific research project.

2. The coastal State shall have the right to demand the cessation of all marine scientific research in all cases where non-compliance with s. 248 is equivalent to significantly changing the project or research.

The coastal State may also require the cessation of marine scientific research if it is not remedied within a reasonable period of time to any of the situations referred to in s. 1.

4. After notification by the coastal State of its decision to require the suspension or cessation of marine scientific research, the States or competent international organizations authorized to carry out such work shall terminate the Those that are the subject of notification.

5. The order of suspension given under s. 1 shall be lifted by the coastal State and the marine scientific research project may continue as soon as the State or the competent international organization conducting the marine scientific research has complied with the conditions laid down in the Art. 248 and 249.

Art. 254 Rights of landlocked and geographically disadvantaged neighbouring states

1. States and competent international organisations which have submitted to a coastal State a marine scientific research project referred to in Art. 246, para. 3, inform the landlocked neighbouring states and geographically disadvantageous neighbouring States and notify the coastal State of the sending of such opinions.

2. Once the coastal State concerned has given its consent to the project, in accordance with Art. 246 and the other relevant provisions of the Convention, the States and the competent international organisations undertaking the project shall provide landlocked and geographically disadvantaged neighbouring States with their Request and, as appropriate, the information specified in s. 248 and Art. 249, para. 1, let. (f).

3. The landlocked and geographically disadvantaged States shall be granted, on their request, the opportunity to participate as much as possible in the proposed marine scientific research project through experts Designated by them and not challenged by the coastal State, in accordance with the conditions under which the coastal State and the State or competent international organizations conducting the marine scientific research have agreed to the implementation of the Project, in accordance with the Convention.

4. States and relevant international organizations referred to in par. 1 provide, on their request, to the landlocked States and the geographically disadvantaged States referred to above the information and assistance specified in Art. 249, para. 1, let. (d) subject to subs. 2 of the same article.

Art. 255 Measures to facilitate marine scientific research and assistance to research vessels

States shall endeavour to adopt reasonable rules, regulations and procedures with a view to encouraging and facilitating marine scientific research conducted in accordance with the Convention beyond their territorial sea and, if necessary, to facilitate Marine scientific research vessels that comply with the relevant provisions of this Part with access to their ports, subject to their laws and regulations, and to promote assistance to these vessels.

Art. 256 Marine scientific research in the Area

All States, irrespective of their geographical location, as well as the competent international organizations, have the right to conduct marine scientific research in the Area, in accordance with Part XI.

Art. 257 Marine scientific research in the water column beyond the limits of the exclusive economic zone

All States, regardless of their geographical location, as well as relevant international organizations, have the right, in accordance with the Convention, to carry out marine scientific research in the water column beyond the limits of The exclusive economic zone.

Section 4 Scientific research facilities and equipment in the marine environment

Article 258 Setting up and using

The establishment and use of scientific research facilities or equipment of any kind in any area of the marine environment shall be subject to the same conditions as those laid down in the Convention for the Conduct of Research Marine science in the area concerned.

Art. 259 Legal regime

The facilities or equipment referred to in this section shall not have the status of islands. They do not have their own territorial sea, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.

Art. 260 Security Zones

Safety areas of a reasonable width not exceeding 500 metres may be established around scientific research facilities, in accordance with the relevant provisions of the Convention. All states ensure that their vessels comply with these safety zones.

Art. 261 Obligation not to create obstacles to international navigation

The establishment and use of scientific research facilities or equipment of any kind should not interfere with the use of international routes.

Art. 262 Identification marks and means of signalling

The installations or equipment referred to in this section shall be fitted with identification marks indicating the State of registration or the international organization to which they belong, as well as appropriate means of signalling Internationally agreed to ensure the safety of sea and air navigation, taking into account the rules and standards established by the competent international organisations.

Section 5 Accountability

Art. 263 Liability

It is the responsibility of States and relevant international organizations to ensure that marine scientific research, whether undertaken by them or on their behalf, is carried out in accordance with the Convention.

2. States and competent international organizations shall be responsible for the measures they take in violation of the Convention in respect of marine scientific research carried out by other States, by natural persons Or legal entities having the nationality of these States or by the competent international organisations, and they shall repair the damage caused by such measures.

(3) States and competent international organizations shall be responsible under art. 235, damage caused by pollution of the marine environment resulting from marine scientific research carried out by or on behalf of them.

Section 6 Settlement of disputes and provisional measures

Art. 264 Dispute Settlement

Disputes concerning the interpretation or application of the provisions of the Convention relating to marine scientific research shall be settled in accordance with Sections 2 and 3 of Part XV.

Art. 265 Conservatory Measures

As long as a dispute has not been settled in accordance with Sections 2 and 3 of Part XV, the State or the competent international organization authorized to carry out the marine scientific research project shall not be able to undertake or continue the Research without the express consent of the coastal State concerned.

Part XIV Development and Transfer of Marine Technologies

Section 1 General provisions

Art. 266 Promotion of development and transfer of marine technologies

States, directly or through the competent international organizations, shall cooperate, to the extent of their capacity, with a view to actively promoting the development and transfer of science and technology from the sea according to Terms and conditions that are fair and reasonable.

2. States shall promote the development of the capacity, in the field of marine science and technology, of those of them who need and request technical assistance in this field, including developing States, Including landlocked and geographically disadvantaged States in the exploration, exploitation, conservation and management of the resources of the sea, the protection and preservation of the marine environment, marine scientific research Other activities in the marine environment that are compatible with the Convention, To accelerate the social and economic progress of developing States.

States shall endeavour to promote the establishment of economic and legal conditions conducive to the transfer of marine technology, on a fair basis, to the benefit of all concerned.

S. 267 Protection of legitimate interests

States, by promoting cooperation in application of art. 266, shall take due account of all legitimate interests, as well as the rights and obligations of the holders, suppliers and purchasers of marine technologies.

Article 268 Core Objectives

States, directly or through the competent international organisations, shall promote:

(a)
The acquisition, evaluation and dissemination of knowledge in the field of marine technologies; and facilitate access to relevant information and data;
(b)
Development of appropriate marine techniques;
(c)
Developing the technical infrastructure necessary to facilitate the transfer of marine technology;
(d)
The development of human resources through training and education for nationals of States and developing countries, in particular those of the least developed countries;
(e)
International cooperation at all levels, including regional, subregional and bilateral cooperation.
Art. 269 Measures to be taken to achieve the fundamental objectives

In order to achieve the objectives set out in Art. 268, States shall, inter alia, work directly or through the competent international organisations to:

(a)
To establish technical cooperation programmes for the effective transfer of marine technology from all levels to the States that need and request technical assistance in this area, in particular to developing States without Landlocked or geographically disadvantaged, as well as other developing States that have not been able to either create or develop their own technical capacity in the field of marine sciences and exploration and The exploitation of marine resources and the development of the infrastructure involved Techniques;
(b)
To promote the establishment of conditions conducive to the conclusion of agreements, contracts or similar arrangements under fair and reasonable conditions;
(c)
To hold conferences, seminars and colloquies on scientific and technical subjects, including policies and methods for the transfer of marine technology;
(d)
Encourage the exchange of scientists, technicians and other experts;
(e)
Undertake projects and promote joint ventures and other forms of bilateral and multilateral cooperation.

Section 2 International cooperation

Art. 270 Framework for international cooperation

International cooperation for the development and transfer of marine technology shall be exercised, where possible and appropriate, within the framework of existing bilateral, regional and multilateral programmes as well as in the context of Expanded programmes and new programmes to facilitate marine scientific research and the transfer of marine technology, particularly in new areas, and appropriate international funding for ocean research and research Ocean development.

Art. 271 Guiding Principles, Criteria and Standards

States, directly or through relevant international organizations, are engaged in promoting the development of generally accepted guiding principles, criteria and standards for the transfer of marine technology within the framework of Bilateral arrangements or within the framework of international organizations and other bodies, taking into account, in particular, the interests and needs of developing States.

Art. 272 Coordination of international programmes

In the field of the transfer of marine technology, States shall endeavour to ensure that relevant international organizations coordinate their activities, including any regional or global programmes, taking into account interests and The needs of developing States, in particular the landlocked and geographically disadvantaged states.

Art. 273 Cooperation with international organizations and the Authority

States shall cooperate actively with the competent international organizations and with the Authority with a view to encouraging and facilitating the transfer to developing States, their nationals and the Enterprise of Practical Knowledge and Marine techniques relating to activities in the Area.

Art. 274 Objectives of the Authority

Taking into account all legitimate interests, as well as the rights and obligations of the holders, suppliers and purchasers of technology, the Authority, with regard to the activities carried out in the Area, shall ensure that:

(a)
In accordance with the principle of equitable geographical distribution, nationals of developing States, whether coastal, landlocked or geographically disadvantaged, are engaged as interns among staff members Technical, management and research recruited for the needs of its activities;
(b)
Technical documentation on the equipment, machinery, devices and processes used shall be made available to all States, in particular developing States that require and request technical assistance in This domain;
(c)
Appropriate arrangements are made to facilitate the acquisition by States that require and request technical assistance in the field of marine technology, including developing States, and Their nationals, knowledge and know-how, including the acquisition of vocational training;
(d)
States that need and request technical assistance in this area, including developing States, receive assistance in the acquisition of equipment, processes, equipment and technical expertise In the framework of the financial arrangements provided for in the Convention.

Section 3 National and regional scientific and technical research centres

Art. 275 Establishment of national centres

States, directly or through the competent international organizations and the Authority, shall promote the establishment, in particular in the developing coastal States, of national marine scientific and technical research centres, And the strengthening of existing national centres, in order to stimulate and advance marine scientific research in these states and to increase their respective capacities to use and preserve their marine resources for economic purposes.

2. States, through the competent international organizations and the Authority, shall provide adequate support to facilitate the establishment and strengthening of national centres in order to provide advanced training, equipment, The practical knowledge and know-how, as well as technical experts available to the states that need it, and ask for such assistance.

Art. 276 Creation of regional centres

1. States shall facilitate, in coordination with the competent international organisations, the Authority and the national scientific and technical research institutes, the creation, in particular in developing States, of regional centres Marine scientific and technical research, in order to stimulate and advance marine scientific research in these states and to promote the transfer of marine technology.

2. All states in the same region cooperate with the regional centres in order to better ensure the achievement of their objectives.

Art. 277 Functions of the regional centres

The regional centres, among other functions, are responsible for ensuring:

(a)
Training and education programmes at all levels in various fields of marine scientific and technical research, in particular marine biology, including the conservation and management of biological resources, Oceanography, hydrography, engineering, seabed geological exploration, mining, and water desalination techniques;
(b)
Management studies;
(c)
Curricula relating to the protection and preservation of the marine environment and the prevention, reduction and control of pollution;
(d)
The organization of regional conferences, seminars and symposia;
(e)
The gathering and processing of data and information in the field of marine science and technology;
(f)
Rapid dissemination of the results of marine scientific and technical research in easily accessible publications;
(g)
The dissemination of information on national policies on the transfer of marine technology, and the systematic comparative study of such policies;
(h)
Compilation and systematization of information relating to the commercialization of technology, as well as to contracts and other patent arrangements;
(i)
Technical cooperation with other states and the region.

Section 4 Cooperation between international organizations

S. 278 Cooperation between international organizations

The competent international organizations referred to in this Part and Part XIII shall take all appropriate measures to carry out, directly or in close cooperation, the functions and responsibilities entrusted to them by Under this Part.

Part XV Settlement of disputes

Section 1 General provisions

Art. 279 Obligation to settle disputes by peaceful means

States Parties shall settle any dispute arising between them concerning the interpretation or application of the Convention by peaceful means in accordance with Art. 2, para. 3, of the Charter of the United Nations and, for that purpose, shall seek the solution by means specified in art. 33, para. 1, of the Charter.

Art. 280 Settlement of disputes by any peaceful means chosen by the parties

Nothing in this Part shall affect the right of States Parties to agree at any time to settle by any peaceful means of their choice a dispute arising between them concerning the interpretation or application of the Convention.

Art. 281 Procedure to be followed when the parties have not reached a settlement

(1) Where States Parties which are parties to a dispute relating to the interpretation or application of the Convention have agreed to seek to settle the dispute by a peaceful means of their choice, the procedures provided for in this Part shall not Apply only if a settlement has not been reached by this means and the agreement between the parties does not preclude the possibility of entering into another procedure.

2. If the parties have also agreed to a period of time, s. 1 only applies after the expiration of that period.

Article 282 Obligations arising from general, regional or bilateral agreements

Where States Parties to a dispute relating to the interpretation or application of the Convention have agreed, within the framework of a general, regional or bilateral agreement or otherwise, that such a dispute shall be submitted, to The request of one of the parties, in a proceeding leading to a binding decision, that procedure shall apply instead of those set out in this Part, unless otherwise agreed to by the parties in dispute.

Article 283 Obligation to exchange views

1. Where a dispute arises between States Parties concerning the interpretation or application of the Convention, the parties in dispute shall promptly exchange views on the settlement of the dispute through negotiation or by Other peaceful means.

(2) Likewise, the parties shall proceed promptly to an exchange of views whenever a dispute settlement procedure has been terminated without the dispute having been settled or whenever a settlement has been reached and the circumstances Require consultations on how to implement it.

S. 284 Conciliation

(1) Any State Party which is a party to a dispute relating to the interpretation or application of the Convention may invite the other Party or other parties to submit the dispute to conciliation in accordance with the procedure set out in section 1 of Annex V Or in another conciliation procedure.

2. Where the invitation is accepted and the parties agree on the conciliation procedure to be applied, any party may submit the dispute to conciliation in accordance with that procedure.

3. Where the invitation is not accepted or the parties do not agree on the conciliation procedure, it shall be deemed to have been terminated at conciliation.

4. Where a dispute has been submitted to conciliation, the conciliation may be terminated only in accordance with the agreed conciliation procedure, unless otherwise agreed by the parties.

Article 285 Application of this Section to disputes submitted under Part XI

This Division applies to any dispute that, pursuant to Division 5 of Part XI, is to be resolved in accordance with the procedures set out in this Part. If an entity other than a State Party is a party to such a dispute, this section shall apply Mutatis mutandis .

Section 2 Mandatory procedures leading to mandatory decisions

Article 286 Scope of this section

Subject to section 3, any dispute relating to the interpretation or application of the Convention that has not been settled by the application of section 1 shall be submitted, at the request of a party to the dispute, to the court or tribunal having Jurisdiction under this section.

S. 287 Choice of procedure

1. When signing or ratifying or acceding to the Convention, or at any time thereafter, a State shall be free to choose, by way of written declaration, one or more of the following means for the settlement of disputes relating to The interpretation or application of the Convention:

(a)
The International Tribunal for the Law of the Sea established in accordance with Annex VI;
(b)
International Court of Justice;
(c)
A arbitral tribunal established in accordance with Annex VII;
(d)
A special arbitral tribunal, established in accordance with Annex VIII, for one or more of the categories of disputes specified therein.

2. A declaration made under s. 1 does not affect the obligation of a State Party to accept, to the extent and in the manner provided for in section 5 of Part XI, the jurisdiction of the Chamber for the resolution of disputes relating to the seabed of the International Tribunal for the The law of the sea, and is not affected by this obligation.

(3) A State Party which is a party to a dispute not covered by a declaration in force shall be deemed to have accepted the arbitration procedure provided for in Annex VII.

4. If the parties to the dispute have agreed to the same procedure for the settlement of the dispute, the dispute may only be submitted to that proceeding, unless the parties agree otherwise.

5. If the parties in dispute have not agreed to the same procedure for the settlement of the dispute, the dispute may only be submitted to the arbitration procedure set out in Annex VII, unless the parties agree otherwise.

6. A declaration made in accordance with par. 1 shall remain in force for three months following the filing of a notice of revocation with the Secretary-General of the United Nations.

7. A new declaration, notification of revocation or expiration of a declaration shall in no way affect the proceedings before a court or tribunal having jurisdiction under this Article, unless the parties agree Otherwise.

The declarations and notifications referred to in this Article shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the States Parties.

Art. 288 Jurisdiction

1. A court or tribunal referred to in s. 287 with jurisdiction to hear any dispute relating to the interpretation or application of the Convention submitted to it in accordance with this Part.

2. A court or tribunal referred to in s. 287 also has jurisdiction to hear any dispute relating to the interpretation or application of an international agreement relating to the purposes of the Convention and which is submitted to it in accordance with that agreement.

3. The Chamber for the settlement of disputes relating to seabed constituted in accordance with Annex VI and any other chamber or arbitral tribunal referred to in section 5 of Part XI shall have jurisdiction to hear any matter that Is submitted to them in accordance with it.

4. In the event of a dispute as to whether a court or tribunal is competent, the court or tribunal shall decide.

Art. 289 Experts

For any dispute involving scientific or technical matters, a court or tribunal exercising its jurisdiction under this Division may, at the request of a party or ex officio, and in consultation with the parties, choose, from Preference on the appropriate list established in accordance with s. 2 of Annex VIII, at least two scientific or technical experts who sit on the court or the court without the right to vote.

Art. 290 Conservatory Measures

1. If a court or tribunal duly seized of a dispute considers, Prima facie , having jurisdiction under this Part or Division 5 of Part XI, that court or tribunal may prescribe any interim measure that it considers appropriate in the circumstances in order to preserve the rights of the parties to the Dispute or to prevent serious damage to the marine environment pending the final determination.

2. Precautionary measures may be amended or reported as soon as the circumstances justifying them have changed or ceased to exist.

(3) Provisional measures may be prescribed, amended or reported under this Article only at the request of a party to the dispute and after the opportunity to be heard has been given to the parties.

4. The court or tribunal shall immediately notify any precautionary measure or any decision affecting it or relating it to the parties to the dispute and, if it considers it appropriate, to other States Parties.

5. Pending the establishment of a arbitral tribunal with a dispute under this Division, any court or tribunal designated by mutual agreement by the parties or, failing agreement within two weeks from the date of Of the request for protective measures, the International Tribunal for the Law of the Sea or, in the case of activities carried out in the Area, the Chamber for the settlement of disputes relating to the seabed, may prescribe, amend or report measures In accordance with this Article, if it considers, Prima facie Which the court to be constituted would have jurisdiction and if it considers that the urgency of the situation requires it. Once constituted, the court seised of the dispute, acting in accordance with s. 1 to 4, may amend, report or confirm these provisional measures.

6. The parties to the dispute shall comply without delay with any provisional measures prescribed under this Article.

S. 291 Access to dispute resolution procedures

1. All dispute settlement procedures under this Part shall be open to the States Parties.

2. The dispute settlement procedures provided for in this Part shall be open to entities other than States Parties only to the extent that the Convention expressly provides for such procedures.

S. 292 Prompted release of ship's downtime or prompt release of crew

1. Where the authorities of a State Party have detained a ship flying the flag of another State Party and it is alleged that the State which has detained the ship has failed to comply with the provisions of the Convention providing for the prompt release of The detention of the ship or the release of its crew upon the deposit of a reasonable security or other financial security, the issue of release or release may be brought before a designated court or tribunal of a Agreed by the parties; failing agreement within ten days from the time of the The detention of the ship or the arrest of the crew, this issue may be brought before a court or tribunal accepted pursuant to s. 287 by the State which carried out the detention or arrest, or before the International Tribunal for the Law of the Sea, unless the parties agree otherwise.

2. The request for release or release may be made only by the flag State or on its behalf.

3. The court or tribunal shall promptly examine this application and shall only have to know of the issue of release or release, without prejudice to any action that may be taken by the ship, its owner or its crew Be the subject before the appropriate national court. The authorities of the State which carried out the detention or arrest shall remain entitled to order at any time the release of the detention of the ship or the release of its crew.

4. Upon the deposit of the surety or other financial security determined by the court or the court, the authorities of the State who has detained the ship shall comply with the decision of the court or tribunal concerning the release of the capital property of the Ship or the release of its crew.

Art. 293 Applicable law

1. A court or tribunal having jurisdiction under this section shall apply the provisions of the Convention and other rules of international law which are not incompatible with the Convention.

2. Le par. 1 shall not affect the power of the court or tribunal having jurisdiction under this section to adjudicate Ex aequo and bono If the parties agree.

Art. 294 Preliminary Procedures

1. The Court or the Court referred to in s. 287 seized of application in respect of a dispute referred to in s. 297 decides, at the request of a party, that an ex officio decision may be taken, if that application constitutes an abuse of the right of law or if it is established Prima facie That it is founded. If the court or tribunal decides that the application constitutes an abuse of the legal remedies or is Prima facie Without foundation, he ceases to consider the application.

2. Upon receipt of the request, the court or tribunal shall immediately notify the other party or the other parties and shall fix a reasonable period of time in which they may request it to rule on the points referred to in s. 1.

(3) Nothing in this Article shall affect the right of a party to a dispute to raise preliminary objections in accordance with the applicable rules of procedure.

S. 295 Exhaustion of domestic remedies

A different between States Parties relating to the interpretation or application of the Convention may be subject to the procedures provided for in this section only after the domestic remedies have been exhausted according to the requirements of the law International.

Art. Finality and binding force of decisions

1. Decisions of a court or tribunal having jurisdiction under this section shall be final and all parties to the dispute shall abide by them.

2. These decisions are binding only on the parties and in the present case.

Section 3 Limitations and Exceptions to the Application of Section 2

Art. Limitations on the application of section 2

Disputes concerning the interpretation or application of the Convention as regards the exercise by a coastal State of its sovereign rights or its jurisdiction as provided for in the Convention shall be subject to the settlement procedures laid down in the Convention. Section 2 where:

(a)
It is alleged that the coastal State has contravened the Convention with regard to freedom and the right of navigation or overflight or freedom and the right to use submarine cables and pipelines, as well as the use of The sea for other internationally licit purposes referred to in Art. 58;
(b)
It is alleged that, in the exercise of such freedoms and rights or in such uses, a State has contravened the Convention or the laws or regulations adopted by the coastal State in accordance with the provisions of the Convention and the other rules of the International law that is not inconsistent with the law; or
(c)
It is alleged that the coastal State has contravened any established international rules or standards to protect and preserve the marine environment that is applicable to it and which have been established by the Convention, or through an organization Or a diplomatic conference acting in accordance with the Convention.
2.
(a) Disputes concerning the interpretation or application of the provisions of the Convention relating to marine scientific research shall be settled in accordance with Section 2, except that the coastal State shall not be obliged to accept Resolving a dispute arising from:
(i)
The exercise by that State of a right or discretion in accordance with Art. 246; or
(ii)
The decision of that State to order the suspension or termination of a research project in accordance with Art. 253.
(b)
Disputes arising out of a claim by the State concerned that the coastal State does not exercise, in the case of a particular project, the rights conferred on it by art. 246 and 253 in a manner consistent with the Convention shall be submitted, at the request of either party, to conciliation in accordance with the procedure laid down in Section 2 of Annex V, on the understanding that the Conciliation Commission should not call into question The exercise by the coastal State of its discretion to designate specific areas, as provided for in Art. 246, para. 6, nor the exercise of its discretion to refuse consent in accordance with s. 5 of the same article.
3.
(a) Disputes concerning the interpretation or application of the provisions of the Convention relating to fishing shall be settled in accordance with Section 2, except that the coastal State shall not be obliged to accept that such settlement shall be subject to Dispute over its sovereign rights over the biological resources of its exclusive economic zone or the exercise of such rights, including its discretion to determine the permissible volume of catches and its fishing capacity, to allocate The balance between other States and the terms and conditions laid down in its laws and Conservation and management regulations.
(b)
If the use of Section 1 has not resulted in a settlement, the dispute shall, at the request of any of the parties in dispute, be submitted to conciliation in accordance with the procedure set out in section 2 of Annex V, where it is alleged that Coastal State:
(i)
Has manifestly failed in its obligation to ensure, through appropriate conservation and management measures, that the maintenance of the biological resources of the exclusive economic zone is not seriously compromised;
(ii)
Has arbitrarily refused to fix, at the request of another State, the allowable catch volume and its capacity to exploit biological resources in respect of stocks of interest to the other State; or
(iii)
Has arbitrarily refused to grant to any State, as provided for in Art. 62, 69 and 70 and in accordance with the terms and conditions which he has himself adopted and which are compatible with the Convention, all or part of the balance he declared to exist.
(c)
In no case does the Conciliation Committee substitute its discretion for that of the coastal state.
(d)
The report of the Conciliation Commission must be communicated to the appropriate international organisations.
(e)
When negotiating agreements under s. 69 and 70, the States Parties, unless otherwise agreed, include a clause providing for the measures they must take to reduce to a minimum the possibility of divergence in the interpretation or application of the agreement, As well as the procedure to be followed in the event that there is nevertheless a discrepancy.
Art. 298 Optional Exceptions to the Application of Section 2

1. When signing or ratifying or acceding to the Convention, or at any time thereafter, a State may, without prejudice to its obligations under section 1, declare in writing that it does not accept one or more of the settlement procedures Disputes under section 2 with respect to one or more of the following categories of disputes:

(a) (i) disputes concerning the interpretation or application of s. 15, 74 and 83 relating to the delimitation of maritime zones or disputes relating to historic bays or titles, provided that the State which made the declaration accepts, when such a dispute arises after the entry into force of the Convention And if the parties reach no agreement by negotiation within a reasonable time, to submit it, at the request of one of them, to conciliation in accordance with the procedure set out in section 2 of Annex V, and on the understanding that May be subject to this procedure no dispute necessarily involving the simultaneous examination of a Unresolved dispute over sovereignty or other rights in a continental or island territory,
(ii)
Once the Conciliation Commission has submitted its report, which must be reasoned, the parties shall negotiate an agreement on the basis of this report; if the negotiations fail, the parties shall submit the matter, by mutual consent, to the Procedures set out in Section 2, unless otherwise agreed,
(iii)
This paragraph shall not apply to disputes relating to the delimitation of maritime zones which have been definitively settled by an arrangement between the parties, or to disputes which have to be settled in accordance with a bilateral agreement or Multilateral binding on the parties;
(b)
Disputes relating to military activities, including military activities of ships and State aircraft used for non-commercial service, and disputes relating to acts of enforcement carried out in the exercise of Sovereign rights or jurisdiction and that s. 297, para. 2 or 3, excludes from the jurisdiction of a court or tribunal;
(c)
Disputes for which the Security Council of the United Nations exercises the functions conferred upon it by the Charter of the United Nations, unless the Security Council decides to remove the item on its agenda or Invites the parties to settle their dispute by means provided for in the Convention.

(2) A State Party that has made a declaration under s. 1 may at any time withdraw it or agree to submit a dispute excluded by that declaration to any settlement procedure provided for in the Convention.

(3) A State Party that has made a declaration under s. 1 may not submit a dispute falling within a category of disputes excluded in any of the proceedings provided for in the Convention without the consent of the State Party with which it is in dispute.

4. If a State Party has made a declaration under s. 1, let. (a), any other State Party may submit to the procedure specified in that declaration any dispute between the State Party and the State which is the author of the declaration and which enters into a category of excluded disputes.

5. A new declaration or notification of withdrawal of a declaration shall in no way affect the proceedings before a court or court seised pursuant to this Article, unless the parties otherwise agree.

6. Declarations or notifications of withdrawal referred to in this Article shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the States Parties.

Art. Right of the parties to agree on the procedure

1. Any dispute that has been excluded from the dispute resolution procedures set out in section 2 under s. 297 or by a declaration made in accordance with s. 298 may be subject to these procedures only by agreement of the parties to the dispute.

2. Nothing in this Section shall affect the right of the parties to a dispute to agree on another procedure for the settlement of this dispute or to settle it amicably.

Part XVI General Provisions

Art. 300 Good faith and abuse of rights

States Parties shall fulfil in good faith their obligations under the Convention and shall exercise the rights, competences and freedoms recognized in the Convention in a manner that does not constitute an abuse of rights.

Art. 301 Use of the seas for peaceful purposes

In the exercise of their rights and the fulfilment of their obligations under the Convention, States Parties shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or In any other manner inconsistent with the principles of international law set out in the Charter of the United Nations.

Art. 302 Disclosure of Information

Without prejudice to the right of any State Party to resort to the dispute settlement procedures provided for in the Convention, no provision of the Convention shall be construed as obliging a State Party, in the performance of its obligations Under the Convention, to provide information whose disclosure would be contrary to its essential security interests.

Article 303 Archaeological and historical objects discovered at sea

States shall have the obligation to protect objects of an archaeological or historical nature found at sea and shall cooperate to that end.

2. In order to control the trade in these objects, the coastal State may, by applying s. 33, consider that their removal from the seabed in the area referred to in that article, without its approval, would be a cause of an offence in its territory or in its territorial sea, the laws and regulations of the coastal State referred to in that article.

3. This Article shall not affect the rights of identifiable owners, the right to recover shipwrecks and other rules of maritime law, or the laws and practices relating to cultural exchanges.

(4) This Article shall be without prejudice to other international agreements and rules of international law concerning the protection of objects of an archaeological or historical nature.

S. 304 Liability for damages

The provisions of the Convention on liability for damages are without prejudice to the application of existing rules and the establishment of new rules concerning liability under international law.

Part XVII Final provisions

Art. 305 Signature

1. The Convention is open for signature:

(a)
All states;
(b)
Namibia, represented by the United Nations Council for Namibia;
(c)
Of all the autonomous associated States that have chosen this regime through an act of self-determination, supervised and approved by the United Nations, in accordance with General Assembly resolution 1514 (XV) and which have competence for the Matters covered by the Convention, including the competence to conclude treaties on such matters;
(d)
All autonomous Associated States which, by virtue of their instruments of association, have jurisdiction over the matters dealt with in the Convention, including the competence to conclude treaties on such matters;
(e)
Of all territories which enjoy complete internal autonomy, recognized as such by the United Nations, but which have not attained full independence in accordance with General Assembly resolution 1514 (XV), and which Have jurisdiction over matters dealt with in the Convention, including the competence to conclude treaties on such matters;
(f)
International organisations, in accordance with Annex IX.

2. The Convention shall be open for signature at the Ministry of Foreign Affairs of Jamaica until 9 December 1984, as well as at United Nations Headquarters in New York, of 1 Er July 1983 to December 9, 1984.

Art. 306 Ratification and formal confirmation

The Convention shall be subject to ratification by States and other entities referred to in Art. 305, para. 1, let. (b), (c), (d) and (e), and to the formal confirmation, in accordance with Annex IX, by the entities referred to in s. 1, let. (f) of this article. Instruments of ratification and formal confirmation shall be deposited with the Secretary-General of the United Nations.

Article 307 Accession

The Convention remains open to the accession of States and other entities referred to in Art. 305. The membership of the entities referred to in s. 305, para. 1, let. (f), is governed by Annex IX. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 308 Entry into force

The Convention shall enter into force twelve months after the date of the deposit of the sixtieth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the sixtieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day following the date of deposit of the instrument of ratification or accession, Subject to subs. 1.

The Assembly of the Authority shall meet on the date of entry into force of the Convention and shall elect the Council of the Authority. In the event that s. 161 could not be strictly enforced, the first Council shall be constituted in a manner consistent with the purposes referred to in that Article.

4. The rules, regulations and procedures developed by the Preparatory Commission shall apply provisionally until they are formally adopted by the Authority in accordance with Part XI.

5. The Authority and its bodies shall act in accordance with resolution II of the Third United Nations Conference on the Law of the Sea, on preparatory investments, and the decisions taken by the Preparatory Commission in accordance with This resolution.

Art. 309 Reservations and Exceptions

The Convention does not admit any reservations or exceptions other than those expressly permitted in other articles.

Art. 310 Statements

Art. 309 shall not prohibit a State, at the time when it signs or ratifies the Convention, or accedes to it, to make declarations, whatever the wording or name thereof, in particular with a view to harmonising its laws and regulations with the Convention, to Condition that these declarations are not intended to exclude or modify the legal effect of the provisions of the Convention in their application to that State.

Art. 311 Relationship to other international conventions and agreements

1. The Convention prevails between the States Parties on the Geneva Conventions of 29 April 1958 on the Law of the Sea 1 .

2. The Convention shall in no way affect the rights and obligations of States Parties arising from other treaties compatible with it, and which do not affect the enjoyment by other States Parties of their rights under the Convention, And the fulfilment of their obligations under it.

2. Two or more than two States Parties may conclude agreements which modify or suspend the application of the provisions of the Convention and which apply only to their mutual relations, provided that such agreements do not relate to The provisions of the Convention, the non-compliance of which would be incompatible with the realization of its object and purpose, and also provided that those agreements did not affect the application of the fundamental principles set out in the Convention and Impair or the enjoyment by other States Parties of the rights they hold The Convention, or the fulfilment of its obligations under the Convention.

4. States Parties proposing to conclude an agreement referred to in paragraph 1. 3 notify the other Parties, through the depositary of the Convention, of their intention to conclude the agreement as well as the amendments or suspension of the application of the provisions of the Convention which it would provide.

5. This Article shall not affect international agreements expressly authorised or maintained by other articles of the Convention.

6. The States Parties agree that no amendment shall be made to the fundamental principle concerning the common heritage of mankind as set out in Art. 136 and that they will not be party to any agreement derogating from this principle.


Article 312 Amendment

At the end of a period of ten years from the date of entry into force of the Convention, any State Party may propose, by written communication addressed to the Secretary-General of the United Nations, amendments to the Convention on specific points, provided that they do not relate to the activities carried out in the zone, and request the convening of a conference to consider the proposed amendments. The Secretary-General shall transmit this communication to all States Parties. It shall convene the Conference if, within twelve months of the date of transmission of the communication, at least half of the States Parties shall respond favourably to that request.

2. Unless otherwise decided, the amendment conference shall apply the decision-making procedure followed by the Third United Nations Conference on the Law of the Sea. It should make every effort to reach agreement on the amendments by consensus and there should be no vote on these amendments until all efforts to reach a consensus have been exhausted.

Art. 313 Amendment by simplified procedure

(1) Any State Party may propose, by written communication addressed to the Secretary-General of the United Nations, an amendment to the Convention, other than an amendment relating to the activities carried out in the Area, and request that it Be adopted in accordance with the simplified procedure provided for in this Article, without the convening of a conference. The Secretary-General shall transmit the communication to all States Parties.

2. If, within twelve months of the date of transmission of the communication, a State Party objects to the proposed amendment or to the proposal to have it adopted in accordance with the simplified procedure, the proposed amendment shall be considered As rejected. The Secretary-General shall notify all States Parties.

If, twelve months after the date of the transmission of the communication, no State Party has objected to the proposed amendment or to the proposal to have it adopted in accordance with the simplified procedure, the proposed amendment shall be considered as Adopted. The Secretary-General shall notify all States Parties.

Art. 314 Amendments to the provisions of the Convention relating exclusively to activities in the Area

(1) Any State Party may submit, by written communication addressed to the Secretary-General of the Authority, a proposal for an amendment to the provisions of the Convention relating exclusively to activities in the Area, including Provisions of Section 4 of Annex VI. The Secretary-General shall transmit this communication to all States Parties. Once approved by the Council, the proposed amendment must be approved by the Assembly. The representatives of the States Parties shall be in possession of full powers to consider and approve the proposed amendment. The proposed amendment, as approved by the Council and the Assembly, is considered adopted.

2. Before approving an amendment in accordance with paragraph 2. 1, the Council and the Assembly shall ensure that it does not interfere with the system of exploration and exploitation of the resources of the Zone, pending the convening of the Review Conference in accordance with Art. 155.

Art. 315 Amendments: signature, ratification, accession and authentic texts

Amendments to the Convention, once adopted, shall be open for signature by the States Parties at United Nations Headquarters in New York for a period of twelve months from the date of their adoption, unless Amendments do not provide any other means.

2. Art. 306, 307 and 320 apply to all amendments to the Convention.

Art. 316 Entry into force of the amendments

For States Parties which have ratified or acceded to the Convention, the amendments to the Convention, other than those referred to in subs. 5, shall enter into force on the thirtieth day following the date of deposit of the instruments of ratification or accession of two-thirds of the States Parties or 60 States Parties, the highest of those two numbers being retained. The amendments shall not affect the enjoyment by other States Parties of their rights under the Convention or the fulfilment of their obligations under the Convention.

2. An amendment may provide that its entry into force requires a higher number of ratifications or accessions than that required by this Article.

3. For each State Party which has ratified an amendment referred to in paragraph 1. 1 or acceded to it after the date of the deposit of the required number of instruments of ratification or accession, this amendment shall enter into force on the thirtieth day following the date of deposit by the State Party of its instrument of ratification or accession.

(4) Any State which becomes a Party to the Convention after the entry into force of an amendment in accordance with s. 1 is, in the absence of a different intention, considered to be:

(a)
Part of the Convention as amended; and
(b)
Part of the unamended Convention in respect of any State Party which is not bound by this amendment.

5. The amendments relating exclusively to the activities carried out in the Area and the amendments to Annex VI shall enter into force for all States Parties one year after the date of deposit of the instruments of ratification or accession of three-fourths of the States Parties.

6. Any State which becomes a Party to the Convention after the entry into force of amendments referred to in s. 5 is considered to be a Party to the Convention as amended.

Art. Denunciation

1. A State Party may denounce the Convention, by written notification addressed to the Secretary-General of the United Nations, and indicate the grounds for the denunciation. The fact that there are no grounds does not affect the validity of the denunciation. It shall take effect one year after the date of receipt of the notification, unless it provides for a later date.

(2) The denunciation does not relieve a State of the financial and contractual obligations incurred by it while it was a Party to the Convention, and the denunciation shall not affect the rights, obligations or legal situations arising out of That State of the application of the Convention before it ceases to be in force in its respect.

(3) Denunciation shall in no way affect the duty of any State Party to fulfil any obligation set out in the Convention to which it would be subject under international law independently of it.

Art. 318 Status of annexes

The annexes are an integral part of the Convention and, unless expressly provided otherwise, a reference to the Convention also refers to its annexes, and a reference to part of the Convention also refers to the annexes relating thereto.

Art. 319 Depositary

The Secretary-General of the United Nations shall be the depositary of the Convention and the amendments thereto.

In addition to his functions as depositary, the Secretary-General shall:

(a)
Reports to all States Parties, the Authority and relevant international organizations on issues of a general nature that have arisen in connection with the Convention;
(b)
Notify the Authority of the ratifications, formal confirmations and accessions of which the Convention and the related amendments are the subject, as well as the denunciations of the Convention;
(c)
Notify the States Parties of the agreements concluded in accordance with Art. 311, para. 4;
(d)
Transmit to the States Parties, for ratification or accession, the amendments adopted in accordance with the Convention;
(e)
Convene the necessary meetings of States Parties in accordance with the Convention.
3.
(a) The Secretary-General shall also transmit to the observers referred to in art. 156:
(i)
The reports referred to in s. 2, let. (a);
(ii)
The notifications referred to in s. 2, let. (b) and (c);
(iii)
For information, the text of the amendments referred to in paragraph 1. 2, let. (d).
(b)
The Secretary-General also invites such observers to participate as observers in the meetings of the States Parties included in s. 2, let. (e).
Art. 320 Authentic texts

The original of the Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited, taking into account the art. 305, para. 2, to the Secretary-General of the United Nations.

In witness whereof, The undersigned plenipotentiaries, duly authorized to that effect, have signed the Convention.

Done at Montego Bay, on December 10 mil nine hundred and ninety-two.

(Suivent signatures)

Annex I

Highly Migratory

1.
White Thon germon: Thunnus alalunga
2.
Red Thon: Thunnus thynnus
3.
Thon bigeye obese: Thunnus obesus
4.
Striped belly Bonite: Katsuwonus pelamis
5.
Yellow fin tuna: Thunnus albacares
6.
Black Thon: Thunnus atlanticus
7.
Thine: Euthynnus alletteratus; Euthynnus affinis
8.
Blue fin tuna: Thunnus maccoyii
9.
Auxide: Auxis rochei Auxis rochei
10.
Sea Brem: Familie Bramidae
11.
Martin: Tetrapturus angustirostris; Tetrapturus belone; Spill Tetrapturus E Geri; Tetrapturus albidus; Tetrapturus audax; Tetrapturus georgei; Makaira maz A Ra; Makaira indica; Makaira nigricans
12.
Sail: Istiophorus platypterus; Istiophorus albicans
13.
Espadon: Xiphias gladius
14.
Sauri or balaou: Scomberesox saurus; Cololabis saira; Cololabis adocetus; Scomberesox saurus scombroides
15.
Coryphene or tropical dorado: Coryphaena hippurus; Coryphaena equis E Lilies
16.
Required: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Rhincodon Typus Carcharhinidae; Sphyrnidae; Isurida
17.
Cetaceans (whales and porpoises): Physeteridae; Balaenidae; Balaenidae Eschrichtiidae; Monodontidae; Ziphiidae; Delphinidae

Status on February 9, 2016

Annex II

Commission on the Limits of the Continental Shelf

Art. 1

Pursuant to Art. 76, a Commission on the Limits of the Continental Shelf beyond 200 nautical miles shall be created in accordance with the following articles.

Art. 2

1. The Commission shall comprise 21 members, experts in the field of geology, geophysics or hydrography, elected by the States Parties to the Convention among their nationals, taking due account of the need to ensure geographical representation Members who perform their duties on an individual basis.

2. The first election shall take place as soon as possible and, in any event, within 18 months of the entry into force of the Convention. The Secretary-General of the United Nations shall, at least three months before the date of each election, send a letter to the States Parties inviting them to submit nominations after the appropriate regional consultations, in A period of three months. The Secretary-General shall establish in alphabetical order a list of all candidates thus nominated and shall submit that list to all States Parties.

3. The election of the members of the Commission shall take place at a meeting of the States Parties convened by the Secretary-General at United Nations Headquarters. The quorum shall be two thirds of the States Parties. Candidates who collect the votes of two-thirds of the members present and voting shall be elected members of the Commission. At least three members of each geographical region are elected.

4. The members of the Commission shall be elected for a term of five years. They are eligible for re-election.

(5) The State Party which has submitted the candidature of a member of the Commission shall bear the expenses incurred by it in carrying out its functions on behalf of the Commission. The coastal State concerned shall bear the expenses incurred in respect of the opinions referred to in Art. 3, para. 1, let. (b) of this schedule. The secretariat of the Commission shall be provided by the Secretary-General of the United Nations.

Art. 3

The functions of the Commission are as follows:

(a)
Review data and other information submitted by coastal States with respect to the outer limit of the continental shelf when the shelf extends beyond 200 nautical miles and submit recommendations in accordance with art. 76, and the Memorandum of Understanding adopted on 29 August 1980 by the Third United Nations Conference on the Law of the Sea;
(b)
, at the request of the coastal State concerned, issue scientific and technical opinions with a view to the establishment of the data referred to in the previous letter.

2. The Commission may, to the extent deemed necessary or useful, cooperate with the Intergovernmental Oceanographic Commission of Unesco, the International Hydrographic Organization and other relevant international organizations with a view to Provide scientific and technical data to assist in the discharge of its responsibilities.

Art. 4

The coastal State which proposes to fix, pursuant to s. 76, the outer limit of its continental shelf beyond 200 nautical miles, shall submit to the Commission the characteristics of that limit, with scientific and technical data in support as soon as possible and, in any event, within a time limit of Ten years from the entry into force of the Convention for that State. The coastal State shall at the same time communicate the names of all members of the Commission who have provided scientific and technical advice.

Art. 5

Unless it decides otherwise, the Commission shall operate through sub-committees composed of seven members appointed in a balanced manner taking into account the specific elements of each application submitted by a coastal State. The members of the Commission who are nationals of the coastal State who submitted an application, or a member of the Commission which has assisted the coastal State by providing scientific and technical advice on the route, cannot do so. Part of the Sub-Commission to consider the application, but they have the right to participate as members in the work of the Commission concerning the application. The coastal State which has submitted an application to the Commission may send representatives to participate in the relevant work without the right to vote.

Art. 6

The Sub-Commission shall submit its recommendations to the Commission.

2. The Commission shall approve the recommendations of the Sub-Commission by a two-thirds majority of the members present and voting.

3. The recommendations of the Commission shall be submitted in writing to the requesting coastal State and to the Secretary-General of the United Nations.

Art. 7

Coastal States set the outer limit of their continental shelf in accordance with art. 76, para. 8 and appropriate national procedures.

Art. 8

If it does not agree with the recommendations of the Commission, the coastal State shall submit to it, within a reasonable time, a revised application or a new application.

Art.

The Commission's actions do not prejudge issues relating to the establishment of boundaries between states with adjacent or opposite coasts.


Annex III

Basic provisions governing prospecting, exploration and exploitation

Art. 1 Mineral Rights

The transfer of mineral rights shall take place at the time of their extraction in accordance with the Convention.

Art. 2 Prospecting
1.
(a) The Authority shall encourage prospecting in the area.
(b)
Prospecting may be undertaken only when the Authority has received a satisfactory written undertaking from the prospective prospector indicating that it will comply with the Convention and the rules, regulations and procedures of the Authority concerning cooperation with the Training programs under s. 143 and 144, and the protection of the marine environment and that it accepts that the Authority shall verify compliance with it. The future prospector shall notify the Authority, together with this undertaking, of the approximate limits of the area or areas to be prospected.
(c)
Prospecting can be carried out simultaneously by several prospectors in the same area or zones.

2. Prospecting does not confer any resource rights on the prospector. The prospector may, however, extract a reasonable quantity of minerals as samples.

Art. 3 Exploration and Operations

1. The Company, the States Parties and the other entities or persons referred to in Art. 153, para. 2, let. (b) may request the Authority to approve work plans for the activities to be carried out in the area.

2. The Company may apply to any part of the Area, but applications by other entities or persons for reserved areas must also satisfy the conditions set out in s. 9 of this annex.

3. Exploration and exploitation shall be carried out only in the sectors specified in the work plans referred to in Art. 153, para. 3, and approved by the Authority in accordance with the Convention and the relevant rules, regulations and procedures of the Authority.

4. Any approved work plan shall:

(a)
Comply with the Convention and the rules, regulations and procedures of the Authority;
(b)
Provide for the control of the Authority in respect of activities carried out in the area, in accordance with Art. 153, para. 4;
(c)
Confer on the operator, in accordance with the rules, regulations and procedures of the Authority, exclusive rights for exploration and exploitation in the area covered by the work plan, the categories of resources specified therein. If an applicant submits a work plan only for the exploration or exploitation phase, exclusive rights are granted to the applicant for that phase alone.

5. Once approved by the Authority, any work plan, unless it has been submitted by the Enterprise, is in the form of a contract between the Authority and the applicant (s).

Art. 4 Conditions for qualification of applicants

1. Qualified applicants, other than the Company, who meet the requirements of s. 153, para. 2, let. (b) in matters of nationality or control and patronage, and must follow the procedures and meet the qualification criteria set out in the rules, regulations and procedures of the Authority.

2. Subject to subs. 6, these qualification criteria relate to the applicant's financial and technical capacity as well as to the manner in which the applicant has performed the contracts previously with the Authority.

3. Any applicant shall be sponsored by the State Party of which he is a national, unless the applicant has more than one nationality, as is the case for an association or consortium composed of entities or persons of different States, in which case All the States Parties concerned shall sponsor the application, or if the applicant is effectively controlled by another State Party or its nationals, in which case the two States Parties shall sponsor the application. The criteria and procedures for applying the conditions of sponsorship are set out in the rules, regulations and procedures of the Authority.

(4) It shall be the responsibility of the State Party or the States Parties that sponsor an application to ensure, pursuant to s. 139 and in the light of their legal systems, to the extent that the activities carried out in the area by a contractor that that State or those States sponsor are carried out in accordance with its obligations under the contract and the Convention. However, a State Party shall not be liable for damages arising out of a contractor's failure to comply with its obligations if it has adopted the laws and regulations and taken the administrative measures which, with regard to its system Legal provisions, are reasonably appropriate to ensure the effective observance of these obligations by persons within its jurisdiction.

5. The procedures for assessing applications submitted by States Parties shall take account of their status as States.

6. The qualification criteria require that all applicants, without exception, undertake in their application to:

(a)
To accept as executory and to comply with its obligations under Part XI, the rules, regulations and procedures of the Authority, the decisions of the bodies of the Authority and the terms of the contracts it has concluded with the Authority;
(b)
Accept that the Authority exercises control over the activities carried out in the zone authorized by the Convention;
(c)
Provide the Authority with written assurance that it will fulfil its obligations under the contract in good faith;
(d)
Comply with the provisions relating to the transfer of techniques set out in Art. 5 of this annex.
Art. 5 Technology Transfer

1. When submitting a work plan, an applicant shall make available to the Authority a general description of the equipment and methods to be used for the activities carried out in the area and other relevant information which is not Industrial property and which relate to the characteristics of the techniques envisaged, as well as information indicating where these techniques are available.

2. Any operator shall communicate to the Authority any changes to the description, data and information made available to the Authority under s. 1 each time an important modification or technical innovation is introduced.

3. Any contract relating to activities to be carried out in the area shall contain clauses by which the Contractor undertakes to:

(a)
Make available to the Company, at the request of the Authority and in accordance with fair and reasonable commercial terms and conditions, the techniques that it uses to carry out activities in the area under the contract and that it is in Right to transfer. The transfer shall be effected by means of license agreements or other appropriate arrangements which the contractor negotiates with the Company and which are recorded in a special agreement supplementing the contract. This undertaking may only be mentioned if the Company finds that it is not in a position to obtain on the free market, in accordance with fair and reasonable commercial terms and conditions, the same techniques or techniques as effective And appropriate;
(b)
Obtain from the owner of any technique to be used to carry out activities in the Area under the contract, which is not covered by the let. (a), or generally available on the open market, written assurance that, at the request of the Authority, it shall authorize the Company, by means of licensing agreements or other appropriate arrangements, to use this technique to the same extent as the Contracting, and in accordance with fair and reasonable terms and conditions. In the absence of such insurance, these techniques cannot be used by the contractor to carry out activities in the Area;
(c)
Acquire, through a binding contract, at the request of the Company and if it can do so without causing significant costs to the Company, the right to transfer to the Company any technique that it uses to carry out activities in the Area to the Title of the contract, which it is not already entitled to transfer and which is not generally available on the open market. If, within the framework of a company, there is a substantial link between the contractor and the owner of the technique, the narrowness of that link and the degree of control or influence are taken into account in determining whether all the Possible arrangements have been made for the acquisition of such a right. If the contractor exercises effective control over the owner and does not acquire that right from him, it shall be taken into account in determining whether the contractor is qualified when submitting a new application for approval of a work plan;
(d)
Facilitate the acquisition of any of the techniques referred to in the letter at the request of the Company. (b) by means of licence agreements or other appropriate arrangements, on terms and conditions that are fair and reasonable, in the event that it decides to negotiate directly with the owner;
(e)
Take in respect of a State or group of developing States that has applied for a contract under Art. 9 of this schedule, the same provisions as those prescribed in the let. (a), (b), (c) and (d), provided that they are limited to the operation of the part of the area proposed by the Contractor which has been reserved pursuant to Art. 8 of this Annex and that the activities, provided for in the contract requested by the State or group of developing States, do not involve the transfer of techniques to the benefit of a third State or nationals of a third State. The obligation under this provision shall apply only to contractors whose techniques have not been the subject of a transfer request to the Company or have not already been transferred to the Company.

4. Disputes concerning the undertakings required by s. 3, as well as those relating to other clauses in contracts, are subject to the procedure for the compulsory settlement of disputes under Part XI, and failure to comply with those commitments may result in fines and suspension or Termination of the contract in accordance with Art. 18 of this annex. Disputes concerning whether the offers made by the Contractor contain fair and reasonable terms and conditions may be submitted by any of the parties to the Commercial Arbitration Procedure Under the UNCITRAL Arbitration Rules or any other arbitration procedure prescribed in the rules, regulations and procedures of the Authority. If the arbitration results in a negative decision on this point, the Contractor shall have 45 days to amend the offer so that it contains fair and reasonable terms and conditions before the Authority takes a decision on the matter. Application of s. 18 of this annex.

5. If the Company is not in a position to obtain, in accordance with fair and reasonable terms and conditions, appropriate techniques to undertake, in a timely manner, the extraction and processing of the minerals in the Area, the The Council or the Assembly may convene a group of States Parties composed of States which carry out activities in the Area, those who sponsor entities or persons carrying out such activities and other States Parties which have access to such techniques. This group shall, after consultation, take effective measures to ensure that these techniques are made available to the Company in accordance with fair and reasonable terms and conditions. Each of these States Parties shall, for that purpose, take all possible measures in practice with regard to its legal system.

6. In the case of joint ventures with the Enterprise, the transfer of technology shall be carried out in accordance with the agreement governing these undertakings.

7. The commitments required by s. 3 shall be included in each contract for activities to be carried out in the Area until the expiry of a period of ten years after the start of the commercial production by the Company and may be invoked during that period.

8. For the purposes of this Article, "techniques" means specialized equipment and technical know-how, including descriptions, manuals, explanatory notes, training, advice and technical assistance required by the The assembly, maintenance and operation of a viable system and the right to use these elements for this purpose on a non-exclusive basis.

Art. 6 Approval of work plans

The Authority will undertake a review of the proposed work plans six months after the entry into force of the Convention, and every four months thereafter.

2. When considering a request for approval of a work plan in the form of a contract, the Authority shall first ensure that:

(a)
The applicant has followed the procedures for submitting applications under s. 4 of this Annex and that it has made commitments to the Authority and has given it the assurances required by this Article. If these procedures have not been followed, or if any of these commitments and assurances are lacking, the applicant has 45 days to remedy these deficiencies;
(b)
The applicant is qualified within the meaning of s. 4 of this annex.

3. All proposed work plans are reviewed in the order of their receipt. The proposed work plans must comply with and are subject to the relevant provisions of the Convention and to the rules, regulations and procedures of the Authority, including conditions relating to operations, contributions Financial and technical transfer commitments. If the proposed work plans comply with these provisions, the Authority shall approve them, provided that they also comply with the uniform and non-discriminatory conditions laid down in the rules, regulations and procedures of the Authority, Unless:

(a)
That some or all of the area covered by the proposed work plan is included in an already approved work plan or in a previously proposed work plan on which the Authority has not yet decided definitively;
(b)
The operation of a part or all of the area covered by the proposed work plan has not been excluded by the Authority pursuant to s. 162, para. 2, let. X); or
(c)
The proposed work plan should not be submitted or sponsored by a State Party which has already approved:
(i)
Work plans for the exploration and exploitation of polymetallic nodule deposits in non-reserved areas, including area, added to that of any part of the area covered by the proposed work plan, Would exceed 30 % of the area of a 400 000 km circular area 2 Determined from the centre of any part of the area covered by the proposed work plan,
(ii)
Work plans relating to the exploration and exploitation of polymetallic nodule deposits in non-reserved sectors representing 2 % of the total area of the Area which has not been reserved and whose implementation Has not been excluded under s. 162, para. 2, let. X).

4. For the purpose of applying the rule set out in par. 3, let. (c) a work plan submitted by an association or consortium shall be charged on a proportionate basis to the States Parties that sponsor the association or consortium in accordance with Art. 4, para. 3, of this annex. The Authority may approve work plans governed by s. 3, let. (c) if it establishes that such approval does not give a State Party or entities or persons that it sponsors the possibility of monopolizing activities in the Area or of preventing other States Parties from carrying out activities in the Area.

5. Notwithstanding s. 3, let. (a), the Authority may, after the end of the interim period referred to in s. 151, para. 3, adopt, by means of rules, regulations and procedures, other procedures and criteria compatible with the Convention to determine, in the event of choice between applicants for a given area, those whose work plans will be approved. These procedures and criteria must ensure that work plans are approved on a fair and non-discriminatory basis.

Art. 7 Deciding between production authorization applicants

At the end of a period of six months after the entry into force of the Convention, and every four months thereafter, the Authority shall examine applications for production authorisations presented in the previous period. If all such requests can be approved without the production limits being exceeded and the Authority is not in breach of its obligations under an agreement or product arrangement to which it has become a party, as Provides for s. 151, the Authority shall issue the authorisations requested.

2. Where an election is to be made between the applicants for production authorisations because of the production limitation provided for in Art. 151, para. 2 to 7, or obligations under an agreement or arrangement of a product to which it has become a party as provided for in s. 151, para. 1, the Authority shall make this choice on the basis of objective and non-discriminatory criteria laid down in its rules, regulations and procedures.

3. In the application of s. 2, the Authority gives priority to applicants who:

(a)
Offer the best guarantees of effectiveness, taking into account their financial and technical capacity and the way in which they have implemented previously approved work plans, if any;
(b)
Provide the Authority with the prospect of faster financial gains, taking into account the expected start date of commercial production;
(c)
Have already invested the most resources and effort in prospecting or exploration.

4. Applicants who have not been selected for any period of time have priority over subsequent periods until they receive a production authorization.

5. The choice is made in the light of the need to offer all States Parties a better opportunity to participate in the activities carried out in the Area and the need to avoid monopolization of these activities, irrespective of the system The economic and social status of these States or their geographical location, so that there is no discrimination against any State or system.

6. Each time there are fewer reserved areas in operation than non-reserved areas, requests for production authorizations for the reserved areas are given priority.

The decisions referred to in this Article shall be taken as soon as possible after the expiry of each period.

Art. 8 Reservation of sectors

Each application, other than those submitted by the Company or by any other entity or person and relating to reserved areas, must cover an area, not necessarily a single holding, having a total area and a commercial value Estimated to be sufficient for two mining operations. The applicant shall indicate the coordinates for dividing the area into two parts of estimated commercial value and shall communicate all the data it has collected for the two parts of the zone. Without prejudice to the powers of the Authority under Art. 17 of this Annex, the data to be disclosed to it with respect to polymetallic nodules shall relate to the surveys, samples, nodule concentration and the metals contained therein. Within 45 days of receipt of such data, the Authority shall designate the part which shall be reserved exclusively for activities carried out by the Authority through the Enterprise or in association with developing States. Such designation may be deferred for an additional 45 days if the Authority instructing an independent expert to determine whether all the data required by this Article has been communicated to it. The designated area becomes a reserved area as soon as the unreserved sector work plan is approved and the contract is signed.

Art. Activities carried out in reserved areas

It is up to the Company to decide whether to carry out the activities in each reserved area. This decision may be taken at any time, unless the Authority receives a notification in accordance with s. 4, in which case the Company makes its decision within a reasonable period of time. The Company may decide to exploit these sectors as joint ventures with the State or the entity or person concerned.

2. The Company may enter into contracts for the performance of a portion of its activities in accordance with s. 12 of Annex IV. In order to carry out these activities, it may also associate in joint ventures with any entity or person authorized to carry out activities in the Area pursuant to Art. 153, para. 2, let. (b). When considering such joint ventures, the Enterprise offers the possibility of effective participation in the States Parties which are developing States and their nationals.

3. The Authority may, in its rules, regulations and procedures, prescribe substantive and procedural conditions governing such contracts and joint ventures.

(4) Any State Party which is a developing State, or any natural or legal person patronized by it and effectively controlled by it or by another developing State, which is a qualified applicant, or any group of the above categories, May notify the Authority of its desire to submit a work plan for an area reserved for the purposes of s. 6 of this annex. The work plan shall be considered if the Company decides, pursuant to s. 1, not to carry out activities in this sector.

Art. 10 Preference and priority given to certain applicants

Where, pursuant to s. 3, para. 4, let. (c) of this schedule, a work plan has been approved only for exploration, its holder has preference and priority over other applicants if it submits a work plan for the operation of the same sector and resources. This preference and priority may, however, be withdrawn in the event that the work plan is not implemented satisfactorily.

Art. 11 Joint Venture Agreements

1. Contracts may provide for joint venture agreements between the contractor and the Authority, acting through the Enterprise, in the form of joint ventures or production sharing, as well as any other form of Joint venture, which has the same protection in respect of review, suspension or termination as the contracts with the Authority.

2. Contractors who enter into joint ventures with the Company may benefit from the financial incentives provided for in Art. 13 of this annex.

3. Business partners in a joint venture are required to make payments under s. 13 of this Annex, in proportion to their participation in the joint undertaking, subject to the financial incentives provided for in that Article.

Art. 12 Activities undertaken by the Enterprise

1. Activities carried out in the Area by the Company pursuant to s. 153, para. 2, let. (a) are governed by Part XI, the rules, regulations and procedures of the Authority and the relevant decisions of the Authority.

2. Any work plan submitted by the Company must be accompanied by evidence of its financial and technical capacity.

Art. 13 Financial provisions of contracts

1. When adopting rules, regulations and procedures relating to the financial provisions of contracts between the Authority and the entities or persons referred to in Art. 153, para. 2, let. (b) and when negotiating the financial provisions of such a contract in accordance with Part XI and those rules, regulations and procedures, the Authority shall achieve the following objectives:

(a)
Ensure maximum revenue from commercial production;
(b)
Ensure that appropriate investments and techniques are devoted to the exploration and exploitation of the Area's resources;
(c)
Ensure that contractors are treated equally financially and that their financial obligations are comparable;
(d)
Provide incentives on a uniform and non-discriminatory basis to encourage contractors to enter into joint venture agreements with the Enterprise and with developing countries or their nationals, stimulate the transfer of technology To the Enterprise, the developing States or their nationals and to train the staff of the Authority and the developing States;
(e)
Allow the Company to undertake resource extraction at the same time as the entities or persons referred to in s. 153, para. 2, let. (b); and
(f)
To avoid the financial incentives provided to them under s. 14 or clauses of the revised contracts in accordance with Art. 19 of this schedule, or pursuant to s. 11 of the same annex relating to joint undertakings, the contractors are not subsidised in such a way that they are artificially advantaged in competition with the operators of land-based deposits.

2. Under the administrative expenditure relating to the review of applications for approval of work plans in the form of contracts, a fee is estimated to be set at $500,000 per request. The amount of this right shall be revised from time to time by the Council in order to cover the administrative expenditure incurred. If the expenditure incurred by the Authority for the study of an application is less than the fixed amount, the Authority shall reimburse the difference to the applicant.

3. The Contractor shall pay a fixed annual fee of one million United States dollars from the date of the effective date of the contract. If the date approved for the start of the commercial production is postponed as a result of a delay in the issuance of the production authorization, in accordance with Art. 151, the Contractor shall be exempt from the portion of the fixed annual fee corresponding to the duration of the carry-forward. From the start of the commercial production, the contractor pays either the production fee or the fixed annual fee, whichever is higher.

4. Within one year from the start of commercial production, in accordance with par. 3, the contractor chooses to make its financial contribution to the Authority:

(a)
Either in payment of a royalty on production;
(b)
Either by paying a royalty on production and by paying a share of its net income.
5.
(a) If the contractor chooses to pay its financial contribution to the Authority by paying only a royalty on the production, the amount of that royalty shall be equal to a certain percentage of the market value of the metals treated From polymetallic nodules extracted from the sector covered by the contract, this percentage is fixed at:
(i)
5 % of the first to the tenth year of commercial production;
(ii)
12 % of the eleventh year at the end of commercial production.
(b)
The market value of treated metals is calculated by multiplying the quantity of metals processed from the polymetallic nodules extracted from the sector covered by the contract by the average price of those metals determined in accordance with subs. 7 and 8, during the accounting period.

6. If the Contractor chooses to pay his financial contribution to the Authority by paying a royalty on production and paying a share of his net income, the amount of such payments shall be determined as follows:

(a)
The amount of the royalty on the production is equal to a certain percentage of the market value determined in accordance with the let. (b) treated metals derived from polymetallic nodules extracted from the sector covered by the contract; this percentage shall be fixed at:
(i)
2 % for the first period of commercial production,
(ii)
4 % for the second commercial production period.
If, during the second period of commercial production, as defined in the let. (d) the return on the investment for a particular fiscal year, as defined in the letter. (m) is, as a result of the payment of the charge on production at the rate of 4 %, less than 15 %, the rate of the charge on production is set at 2 % instead of 4 % for that year;
(b)
The market value of the treated metals is calculated by multiplying the quantity of metals processed from the polymetallic nodules extracted from the sector covered by the contract by the average price of those metals determined in accordance with subs. 7 and 8, during the accounting period;
(c) (i) the share of revenue accruing to the Authority shall be levied on the share of the net income of the contractor attributable to the resource extraction activities of the sector covered by the contract, hereinafter referred to as net attributable income,
(ii)
The share of the net attributable revenue accruing to the Authority shall be determined in accordance with the following progressive schedule:

Net attributable revenue

First Period of Commercial Production (%)

Second Period of Commercial Production (%)

Tranche representing return on investment equal to or greater than 0 % but less than 10 %

35 %

40 %

Tranche representing return on investment equal to or greater than 10 % but less than 20 %

42.5 %

50 %

Tranche representing return on investment equal to or greater than 20 %

50 %

70 %

(d) (i) the first period of commercial production referred to in the let. (a) and (c), shall commence in the first accounting period of the period of commercial production and shall end with the accounting year for which the expenses of the valuation of the contractor adjusted, taking into account the interest in the part of those Previously unamortized expenditures, are fully depreciated using the actual surplus, as shown below:
For the first accounting year giving rise to development expenses, the non-amortized presentation expenditure shall be the expenditure on the depreciation of the amount of the actual surplus for the financial year concerned. For each of the following years, non-amortised development expenditures are calculated by adding to the non-amortized value at the end of the previous fiscal year, plus an annual interest rate of 10 %, the development expenditures Incurred during the current fiscal year and by deducting the contractor's actual surplus for that fiscal year from that total. The accounting year for which the increased interest in the share of these undepreciated expenses is fully amortized is the first year for which the valuation expenditure is nil; the surplus Of the Contractor in respect of any accounting year shall mean its gross revenue reduced from its operating expenses and payments made by it to the Authority in accordance with the provisions of the Act. (c),
(ii)
The second period of commercial production begins in the accounting period beginning at the end of the first period and lasts until the end of the contract;
(e)
"Allocable net revenue" means the Contractor's net revenue multiplied by the ratio of the extraction-related expenditure to the total of the Contractor's presentation expenditure. Where the activities of the Contractor relate to the extraction and transport of polymetallic nodules and the main commercial production of three treated metals, namely cobalt, copper and nickel, the amount of the Net income attributable to the contractor may not be less than 25 % of its net income. Subject to the terms and conditions referred to in the let. (n) in all other cases, including that in which the activities of the Contractor relate to the extraction and transport of polymetallic nodules and the commercial production of four treated metals, namely cobalt, copper, manganese and Nickel, the Authority may, in its rules, regulations and procedures, prescribe appropriate floor rates by applying the same proportionality formula as for fixing the floor rate of 25 % for the three metals;
(f)
"Net income to the Contractor" means the Contractor's gross revenue, which shall be reduced by its operating expenses and the amortization of its presentation expenses in accordance with the terms and conditions laid down in the let. (j);
(g) (i) if the activities of the Contractor relate to the extraction, transport of polymetallic nodules and the commercial production of treated metals, the term "gross revenue of the contractor" means the gross proceeds from the sale of the metals treated and Any other revenue considered to be reasonably attributable to transactions under the contract in accordance with the financial rules, regulations and procedures of the Authority,
(ii)
In all cases other than those specified in the let. (g), (i), and the let. (n), (iii) 'gross revenue of the contractor' means the gross proceeds from the sale of semi-treated metals from the polymetallic nodules extracted from the sector covered by the contract and any other revenue considered reasonably to be Attributable to transactions under the Contract in accordance with the financial rules, regulations and procedures of the Authority;
(h)
"Expenditure on the development of the contractor" means:
(i)
All costs incurred prior to start-up and commercial production that are directly related to the development of the production capacity of the sector covered by the contract and related activities under the contract In all cases other than those specified in the let. N), in accordance with generally accepted accounting principles, including, inter alia, capital expenditure, purchases of equipment, ships, processing facilities, construction expenditure, purchases of Buildings, land, expenses relating to the construction of roads, the exploration and exploration of the sector covered by the contract, research and development, interest, potential leases, licences, rights, and
(ii)
Expenses similar to those referred to in the let. (n), (i), incurred after the start of the commercial production, in order to be able to implement the work plan, with the exception of those relating to operating expenses;
(i)
Revenues from the disposal of capital equipment and the market value of capital goods that are no longer required for transactions under the contract that are not sold are netted against development expenses Of the contractor for the financial year concerned. When the amount of these deductions exceeds the amount of the development expenses, the excess is added to the gross revenue;
(j)
The expenditure on the marketing of the contractor incurred before the start of the commercial production referred to in the let. (h), (i), and the let. (n), (iv) shall be amortised in ten equal annuities as from the date of the start of the commercial production. The expenditure on the presentation of the contractor referred to in the let. (h), (ii), and the let. (n), (iv), incurred after the start of the commercial production, shall be amortised in ten equal annuities or in a lower number of equal annuities so that they are fully amortised upon the expiry of the contract;
(k)
"Operating expenses of the contractor" means all expenditure incurred after the start of the commercial production to exploit the production capacity of the sector covered by the contract and for related activities under the Operations provided for in the contract, in accordance with generally accepted accounting principles, including, in particular, the annual production or fixed-law fee, if it is higher, expenditure on salaries, wages and Related benefits, equipment, services, transportation, treatment and Marketing, interest, public services, the preservation of the marine environment, general expenses and administrative costs directly related to the operations provided for in the contract, as well as any operating deficit carried forward in a direction Or in the other as shown below. The operating deficit may be carried forward twice consecutively, from one fiscal year to another, with the exception of the last two years of the contract, where it can be charged retroactively over the previous two years;
(l)
If the contractor is primarily responsible for the extraction, transport of polymetallic nodules and the commercial production of treated and semi-treated metals, the expression "extraction-related expenditure" means the share of the expenditure Development undertaken by the contractor who is directly linked to the extraction of the resources of the sector covered by the contract, in accordance with generally accepted accounting principles and rules of financial management and rules, Financial regulations and procedures of the Authority, including the right to study the Application for a contract, fixed annual fee and, where applicable, expenses incurred in the exploration and exploration of the sector covered by the contract and a fraction of research and development expenditures;
(m)
"Return on investment" means, for a particular fiscal year, the relationship between the net revenue attributable to that fiscal year and the development expenses related to the extraction. For the purposes of calculating this report, extraction-related development expenses include expenses incurred for the purchase of new equipment or for the replacement of equipment for which use is related to extraction activities, deduction Make the initial cost of the replaced equipment;
(n)
If the contractor only provides the extraction;
(i)
"Net attributable revenue" means the total net income of the contractor,
(ii)
The term "net income of the contractor" means that it is defined in the let. (f),
(iii)
"Contractor gross revenue" means the gross proceeds from the sale of polymetallic nodules and any other income considered to be reasonably attributable to transactions under the contract in accordance with the rules, Financial regulations and procedures of the Authority,
(iv)
"Contractor's development expenses" means all expenses incurred prior to the start of the commercial production as indicated in the letter. (h), (i), and all expenses incurred after the start of the commercial production, as indicated in the letter. (h), (ii) which are directly related to the extraction of resources from the sector covered by the contract, calculated in accordance with generally accepted accounting principles,
(v)
'operating expenses of the Contractor' shall mean those of the operating expenses of the Contractor referred to in the let. (k), which are directly related to the extraction of resources from the sector covered by the contract, calculated in accordance with generally accepted accounting principles,
(vi)
"Return on investment" means, for a given financial year, the relationship between the net revenue of that financial year and the development expenditure incurred by the contractor. For the purpose of calculating this report, development expenses include expenses incurred for the purchase of new equipment or replacement of equipment, net of the initial cost of the replaced equipment;
(o)
The taking into account of the charges relating to the service of interest by the contractor referred to in the let. (h), (k), (l) and (n) is authorized to the extent that, in all cases, the Authority, in accordance with s. 4, para. 1, of this Annex, acknowledges that the ratio of social capital to debt and interest rates are reasonable, taking into account current business practices;
(p)
The expenditure referred to in this paragraph shall not include amounts paid in respect of corporate tax or similar taxes levied by States due to the operations of the Contractor.
7.
(a) The term " treated metals used in subs. 5 and 6 refers to metals in the most common form under which they are normally traded on international final markets. For the purposes of this letter, the Authority shall specify in the relevant rules, regulations and financial procedures the relevant international final markets. For metals that are not traded on these markets, the term "treated metals" refers to metals in the most common form under which they are normally traded in normal transactions in accordance with the principles of The independent company.
(b)
If the Authority is not in a position to determine in any other way the quantity of metals processed from the polymetallic nodules extracted from the sector covered by the contract referred to in subs. 5, let. (b), and at para. 6, let. (b) that quantity shall be determined on the basis of the metal content of these nodules, the recovery coefficient after treatment and the other relevant factors, in accordance with the rules, regulations and procedures of the Authority and the accounting principles Usually allowed.

If an international final market offers an appropriate mechanism for fixing the prices of treated metals, polymetallic nodules and semi-treated metals derived from nodules, the Authority shall use the average price in this market. In all other cases, it shall, after consulting the contractor, fix a fair price for those products, in accordance with subs. 9.

9.
(a) All charges, expenses and revenues and all prices and values referred to in this Article shall carry out transactions in accordance with the principles of the free market or the independent undertaking. If this is not the case, they shall be determined by the Authority after consulting the contractor, as if they conduct transactions in accordance with the principles of the free market or the independent undertaking, taking into account the relevant transactions on Other markets.
(b)
In order to ensure compliance with this paragraph and its implementation, the Authority shall be guided by the principles adopted and the interpretation given for transactions in accordance with the principles of the independent undertaking by the Commission of Companies By the Group of Experts on Tax Treaties between developed and developing countries and other international bodies, and determines in its rules, regulations and procedures, rules and procedures Consistent and internationally acceptable accounting and methods The contractor shall be required to select independent accounting experts who are acceptable to the Authority for the purpose of auditing accounts in accordance with these rules, regulations and procedures.

The Contractor shall provide to the accounting experts, in accordance with the rules, regulations and financial procedures of the Authority, the financial data necessary to establish whether this Article has been complied with.

11. All expenses, expenses and revenues and all prices and values referred to in this Article shall be determined in accordance with generally accepted accounting principles and the financial rules, regulations and procedures of the Authority.

12. The sums paid to the Authority pursuant to s. 5 and 6 shall be in freely available currencies or in currencies freely available and effectively usable in the main foreign exchange markets or, at the option of the contractor, in the form of the metal equivalent treated, calculated on the basis of the Market value. The market value is determined in accordance with s. 5, let. (b). Freely usable currencies and freely available and effectively usable currencies in the main foreign exchange markets shall be defined in the rules, regulations and procedures of the Authority in accordance with monetary practices Dominant international.

13. All financial obligations of the Contractor to the Authority, as well as all duties, charges, expenses and revenues referred to in this Article, shall be adjusted by being expressed in constant value in relation to a reference year.

14. In order to serve the objectives stated in par. 1, the Authority may, as a result of recommendations of the Economic Planning Commission and the Legal and Technical Commission, adopt rules, regulations and procedures providing for incentives to be granted to contractors on a basis Uniform and non-discriminatory.

15. Where a dispute arises between the Authority and a contractor concerning the interpretation or application of the financial provisions of a contract, either party may submit it to a binding commercial arbitration, unless The two parties agree to settle the matter by other means in accordance with s. 188, para. 2.

Art. 14 Data Communication

1. In accordance with the rules, regulations and procedures of the Authority and in accordance with the terms and conditions of the work plan, the operator shall communicate to the Authority, at intervals fixed by it, all data which are necessary and Relevant for the effective exercise by the principal organs of the Authority of their powers and functions in relation to the sector covered by the work plan.

2. The data provided on the sector covered by the work plan and deemed to be industrial property may be used only for the purposes set out in this Article. The data necessary for the development by the Authority of rules, regulations and procedures relating to the protection of the marine environment and safety, other than data relating to the design of the equipment, shall not be deemed to be Industrial property.

(3) The Authority shall refrain from communicating to the Company or any person who is foreign to the Authority the data supplied to it by prospectors, contract applicants and contractors and who are deemed to be industrial property, but the Data concerning the reserved area may be communicated to the Company. The Company shall not communicate to the Authority or anyone outside the Authority any such data provided to the Authority in the same manner.

Art. 15 Training Programs

The Contractor shall establish practical training programmes for the staff of the Authority and the developing States, including the participation of the Authority in all activities carried out in the Area which are the subject of the contract, in accordance with Art. 144, para. 2.

Art. 16 Exclusive exploration and exploitation right

The Authority shall accord to the operator, pursuant to Part XI and its rules, regulations and procedures, the exclusive right to explore and operate a specified class of resources in the area covered by the work plan; That no other entity or person carries out activities in the same sector that relate to a different resource category in a manner that may interfere with the operations of the operator. The latter has the guarantee of the title in accordance with Art. 153, para. 6.

Art. 17 Rules, regulations and procedures of the Authority

1. The Authority shall adopt, and apply in a uniform manner, rules, regulations and procedures under s. 160, para. 2, let. (f), (ii), and art. 162, para. 2, let. (o), (ii) for the performance of its functions as set out in Part XI, in particular with respect to the following matters:

(a)
Administrative procedures relating to the exploration of the Area, its exploration and exploitation.
(b)
Operations:
(i)
Area of sectors;
(ii)
Duration of operations;
(iii)
Standards of effectiveness, including insurance under s. 4, para. 6, let. (c) of this annex;
(iv)
Resource categories;
(v)
Renunciation of sectors;
(vi)
Progress reports on the work;
(vii)
Data communication;
(viii)
Inspection and monitoring of operations;
(ix)
Measures to avoid impeding other activities in the marine environment;
X)
Transfer of its rights and obligations by a contractor;
(xi)
Procedures relating to the transfer of technology to developing States in accordance with Art. 144, and the direct participation of the latter;
(xii)
Mining standards and practices, including those related to operational safety, resource conservation and the protection of the marine environment;
(xiii)
Definition of commercial production;
(xiv)
Criteria for qualification of applicants.
(c)
Financial matters:
(i)
The development of uniform and non-discriminatory rules for calculating costs and accounting and the method of selecting auditors;
(ii)
Distribution of revenue from transactions;
(iii)
Incentives referred to in s. 13 of this annex.
(d)
Enforcement of decisions under s. 151, para. 10, and art. 164, para. 2, let. (d).

2. The rules, regulations and procedures relating to the following questions must fully meet the objective criteria set out below:

(a)
Area of Area:
The Authority sets the area of exploration, which can be up to twice that of the operating sectors, so as to allow for intensive exploration. The area of operating areas is calculated to meet the requirements of s. 8 of this annex concerning the reservation of sectors and the production requirements, which must be compatible with art. 151 and the terms of the contract, taking into account the state of available techniques in the field of seabed mining and the relevant physical characteristics of the sector. The area of the sectors cannot be less than or greater than is necessary to meet this objective.
(b)
Duration of operations:
(i)
The duration of prospecting is not limited;
(ii)
The duration of the exploration phase should be sufficient to allow for the in-depth study of the sector involved, the study and construction of mining equipment for this sector, and the establishment of plans and construction of Small and medium capacity processing to test mining and mineral processing systems;
(iii)
The duration of the operation should be a function of the economic life of the mining project, taking into account such factors as the depletion of the deposit, the longevity of the operating equipment and processing facilities, and the Commercial viability. The duration of the operating phase should be sufficient to permit the commercial extraction of the minerals in the sector and should include a reasonable period of time for the construction of mining and processing facilities on a scale Period during which no commercial production should be required. However, the total duration of the operation should also be sufficiently short for the Authority to be able to amend the terms and conditions of the work plan at the time it studies its renewal, in accordance with the rules, regulations and Procedures adopted after the approval of the work plan.
(c)
Efficacy Standards:
The Authority shall require that, during the exploration phase, the operator shall periodically conduct expenditure that reasonably corresponds to the area of the sector covered by the work plan and the expenses incurred by an operator in good faith Proposing to launch commercial production in this sector within the time limits set by the Authority. The expenditure deemed necessary should not be set at a level which would discourage potential operators with less expensive techniques than the techniques commonly used. The Authority shall set a maximum period for the start of commercial production, which shall begin to run after the end of the exploration phase and the first operations. In determining this period, the Authority should take into account the fact that the construction of large operating and processing facilities can only be undertaken when the exploration phase is completed and the operating phase is Started. Consequently, the time limit for starting the commercial production of a sector should be fixed in view of the time required for the construction of such facilities after the exploration phase; Reasonable time frames for unavoidable delays in the construction program. Once the commercial production stage has been reached, the Authority shall apply to the operator, within reasonable limits and taking into account all relevant factors, to continue this commercial production throughout the period. Duration of the work plan.
(d)
Resource Categories:
In order to determine the categories of resources for which work plans can be approved, the Authority is based, inter alia, on:
(i)
The fact that different resources require similar extraction methods; and
(ii)
The fact that different resources can be simultaneously developed by several operators in the same sector without undue interference.
This provision shall not prevent the Authority from approving a work plan covering several categories of resources in the same sector.
(e)
Waiver of sectors:
The operator may at any time waive all or part of its rights in the area covered by the work plan without the imposition of sanctions.
(f)
Marine Environmental Protection:
Rules, regulations and procedures shall be established to effectively protect the marine environment from harmful effects resulting directly from activities carried out in the Area or the treatment of minerals extracted from a mine site on board a vessel Immediately above the site, taking into account the extent to which such adverse effects may result directly from drilling, dredging, coring and excavation, and dumping, dumping and disposal into the environment Marine sediment, waste or other effluent.
(g)
Commercial Production:
Commercial production shall be deemed to have started when an operator has undertaken continuous and large-scale extraction operations which produce a sufficient quantity of materials to clearly indicate that the principal purpose of these Operations is a large-scale production and not a production for the purpose of gathering information, carrying out analytical work or testing equipment or installations.
Art. 18 Sanctions

1. The rights of the contractor under the contract may not be suspended or may be terminated only in the following cases:

(a)
Where, in spite of the warnings of the Authority, the contractor carried out its activities in such a way that they lead to serious, repeated and deliberate infringements of the fundamental provisions of the contract, the rules, regulations and procedures of the The Authority and Part XI; or
(b)
Where the Contractor has not complied with a final and binding decision taken by the Dispute Settlement Body.

2. The Authority may, in cases of infringement of the terms of the contract other than those referred to in par. 1, let. (a), or instead of suspending or terminating the contract in the cases referred to in s. 1, let. (a), impose fines proportionate to the gravity of the infringement.

3. Except for orders issued in the event of an emergency under s. 162, para. 2, let. W), the Authority cannot enforce a decision on monetary penalties or the suspension or termination of the contract until the contractor has reasonably been able to exhaust the judicial remedies available to him or her Pursuant to Part XI, Division 5.

Art. 19 Contract Revision

1. When it presents itself or may present circumstances which, in the opinion of either party, would have the effect of rendering an agreement inequitable or of compromising or preventing the achievement of the objectives set out in the The parties enter into negotiations with a view to revising the contract accordingly.

2. A contract concluded in accordance with Art. 153, para. 3, may be revised only with the consent of the parties.

Art. Transfer of rights and obligations

The rights and obligations arising out of a contract may be transferred only with the consent of the Authority and in accordance with its rules, regulations and procedures. The Authority shall not unreasonably withhold its consent to the transfer if the prospective concessionaire is, in all respects, a qualified applicant and assumes all the obligations of the transferor and if the transfer does not give the concessionaire a plan Of work for which approval is prohibited by s. 6, para. 3, let. (c) of this annex.

Art. Applicable law

1. The contract shall be governed by the provisions of the contract, the rules, regulations and procedures of the Authority, Part XI and other rules of international law which are not incompatible with the Convention.

(2) Any final decision of a court or tribunal having jurisdiction under the Convention concerning the rights and obligations of the Authority and the Contractor shall be enforceable in the territory of any State Party.

A State Party may not impose conditions on a contractor incompatible with Part XI. However, the application by a State Party to contractors sponsored by it or to ships flying its flag of laws and regulations relating to the protection of the marine environment or others, more stringent than the rules, regulations and procedures adopted By the Authority pursuant to Art. 17, para. 2, let. (f) in this Annex, is not considered to be inconsistent with Part XI.

Art. Liability

Any damage caused by an unlawful act by the Contractor in the conduct of operations shall be liable, taking into account the share of responsibility attributable to the Authority as a result of its acts or omissions. The Commission is also responsible for the damage caused by the unlawful acts it commits in the exercise of its powers and functions, including violations of art. 168, para. 2, taking into account the liability attributable to the Contractor as a result of his acts or omissions. In all cases, the repair must correspond to the actual damage.


Annex IV

Company Status

Art. 1 Goals

1. The Enterprise is the body of the Authority which carries out activities in the Area directly under Art. 153, para. 2, let. (a), as well as the transportation, processing and marketing of minerals from the Area.

2. In order to achieve its aims and perform its functions, the Company shall act in accordance with the Convention and the rules, regulations and procedures of the Authority.

3. To highlight the resources of the Zone under s. 1, the Company, subject to the Convention, conducts its operations in accordance with the principles of sound business management.

Art. 2 Relation to the Authority

1. Pursuant to s. 170, the Enterprise acts in accordance with the general policy adopted by the Assembly and the directives of the Council.

2. Subject to subs. 1, the Enterprise acts independently.

3. Nothing in the Convention shall make the Company responsible for the acts or obligations of the Authority or the Authority responsible for the acts or obligations of the Enterprise.

Art. 3 Limitation of Liability

Without prejudice to art. 11, para. 3, of this Annex, no member of the Authority shall be responsible for the acts or obligations of the Company solely because of its membership.

Art. 4 Structure

The Company shall have a Board of Directors, a Director General and the staff necessary for the performance of its functions.

Art. 5 The Governing Council

The Board of Directors shall be composed of fifteen members elected by the Assembly in accordance with Art. 160, para. 2, let. (c). In the election of members of the Board of Directors, due regard shall be had to the principle of equitable geographical distribution. In proposing candidatures to the Council, the members of the Authority shall take into account the need to nominate candidates with the highest skills and qualifications in the areas needed to ensure sustainability and success The Enterprise.

2. Members of the Board of Directors shall be elected for four years and shall be eligible for re-election. In the elections and reelections, due account shall be taken of the principle of seat rotation.

3. The members of the Board of Directors shall remain in office until their successors are elected. If the seat of a member of the Governing Council becomes vacant, the Assembly shall, in accordance with Art. 160, para. 2, let. (c) elect a new member for the remainder of the term of office.

4. The members of the Board of Directors shall act in a personal capacity. In carrying out their duties, they shall neither seek nor take instructions from any government or from any other source. The members of the Authority shall respect the independence of the members of the Board of Directors and shall refrain from any attempt to influence them in the performance of their duties.

5. Each member of the Board of Directors receives an imputed remuneration from the company's financial resources. The amount of this number shall be fixed by the Assembly on the recommendation of the Council.

6. The Board of Directors normally performs its duties at the headquarters of the Principal Institution; it meets as often as required by the Board's business.

The quorum shall be two thirds of the members of the Board of Directors.

8. Each member of the Governing Council shall have one vote. Decisions of the Board of Directors on all matters before it shall be taken by a majority of its members. If a question raises a conflict of interest for one of its members, it does not participate in the vote.

9. Any member of the Authority may ask the Board of Directors for information on operations that are of particular concern to the Authority. The Commission strives to provide this information.

Art. 6 Powers and functions of the Board of Directors

The Board of Directors leads the Enterprise. Subject to the Convention, it shall exercise the powers necessary for the achievement of the aims of the Enterprise, including the power of:

(a)
To elect its President from among its members;
(b)
Adopt its own rules of procedure;
(c)
Establish and submit formal and written work plans to the Board in accordance with s. 153, para. 3, and art. 162, para. 2, let. (j);
(d)
Develop work plans and programs to carry out the activities referred to in s. 170;
(e)
Establish and submit to the Board applications for production authorizations, in accordance with s. 151, para. 2 to 7;
(f)
To authorize negotiations on the acquisition of technology, including those under s. 5, para. 3, let. (a), (c) and (d), of Annex III, and to approve the results of those negotiations;
(g)
Establish terms and conditions and authorize negotiations for joint ventures and other forms of joint venture agreements referred to in s. 9 and 11 of Annex III and to approve the results of those negotiations;
(h)
To make recommendations to the Assembly on the share of the Company's net income that must be retained for the establishment of reserves in accordance with Art. 160, para. 2, let. (f), and art. 10 of this annex;
(i)
Approve the annual budget of the Entreprise;
(j)
Authorize the purchase of goods and the use of services in accordance with s. 12, para. 3, of this annex;
(k)
Submit an annual report to the Board in accordance with s. 9 of this annex;
(l)
To submit to the Council, for approval by the Assembly, draft rules concerning the organisation, administration, appointment and dismissal of the staff of the Enterprise, and to adopt regulations giving effect to these rules;
(m)
To take out loans and to provide guarantees and other security that it determines in accordance with art. 11, para. 2, of this annex;
(n)
To take legal action, enter into agreements, conduct transactions and take all other measures, as provided for in s. 13 of this annex;
(o)
Delegate, subject to the approval of the Board, any non-discretionary power to its committees or the Director General.
Art. 7 The Director General and staff

1. The Assembly shall elect, on the recommendation of the Council, from among the candidates proposed by the Governing Council, the Director-General of the Interview, who shall not be a member of the Board of Directors. The Director-General shall be elected for a term of term, not exceeding five years, and shall be re-elected for new terms of office.

2. The Director General is the legal representative of the Enterprise and is the Chief Administrator; he is directly responsible to the Board of Directors for the conduct of the Company's operations. It shall be responsible for the organisation, administration, appointment and dismissal of the Company's staff, in accordance with the rules and regulations referred to in Art. 6, let. (l), of this annex. It shall participate in meetings of the Board of Directors without the right to vote. It may participate, without the right to vote, in meetings of the Assembly and of the Council when these bodies examine questions of interest to the Enterprise.

3. The dominant consideration in the recruitment and establishment of the terms and conditions of employment of staff is to provide the Enterprise with the services of persons with the highest quality of work and technical competence. Subject to this reservation, due account shall be taken of the importance of recruitment carried out on a fair geographical basis.

4. In the performance of their duties, the Director General and the staff shall neither seek nor take instructions from any Government or from any other source outside the Enterprise. They shall refrain from any action incompatible with their quality as international officials of the Enterprise and shall be responsible only to the Company. Each State Party undertakes to respect the exclusively international character of the functions of the Director General and staff and not to seek to influence them in the performance of their duties.

5. The obligations set out in s. 168, para. 2 is also the responsibility of the Company's staff.

Art. 8 Location

The Company has its principal office at the headquarters of the Authority. It may establish other offices and facilities in the territory of any State Party with its consent.

Art. Reports and financial statements

The Company shall submit to the Council, within three months after the end of each financial year, an annual report containing an audited statement of its accounts and shall, at appropriate intervals, provide it with a summary of its situation Financial and a statement of the losses and profits showing its operating results.

2. The Company shall publish its annual report and any other reports it deems appropriate.

3. All reports and financial statements referred to in this Article shall be communicated to the members of the Authority.

Art. 10 Distribution of net income

1. Subject to subs. 3, the Company shall pay to the Authority the sums provided for in Art. 13 of Annex III or their equivalent.

2. The Assembly, on the recommendation of the Board of Directors, shall determine the proportion of the net income of the Company which shall be retained for the maintenance of reserves, with the remainder being transferred to the Authority.

3. During the initial period required for the Company to be self-sufficient, the duration of which may not exceed ten years from the start of the commercial production, the Assembly shall exempt the Company from the payments referred to in par. 1 and leaves all of the company's net income on its reserves.

Art. 11 Finance

1. The Company's financial resources include:

(a)
Amounts received from the Authority in accordance with Art. 173, para. 2, let. (b);
(b)
Voluntary contributions made by States Parties for the financing of the activities of the State Party;
(c)
The amount of borrowings contracted by the Company in accordance with subs. 2 and 3;
(d)
The income that the Business derives from these transactions;
(e)
The other financial resources made available to the Company to enable it to commence operations as soon as possible and to carry out its functions.
2.
(a) The Company has the capacity to borrow and provide such security or other security that it may determine. Before proceeding to a public sale of its obligations in the financial markets or in the currency of a State Party, the Company shall obtain the consent of that State. The total amount of borrowings is approved by the Council on the recommendation of the Board of Directors.
(b)
States Parties shall endeavour, as far as is reasonable, to support requests for loans from the Enterprise on financial markets and from international financial institutions.
3.
(a) The Company has the financial resources necessary to explore and operate a mine site, for the transportation, processing and marketing of mined minerals, and of nickel, copper, cobalt And manganese derived from these minerals and to cover its initial administration expenses. The Preparatory Commission shall indicate, in the draft rules, regulations and procedures of the Authority, the amount of such resources and the criteria and factors selected to make the necessary adjustments.
(b)
All States Parties shall provide the Enterprise with an amount equivalent to one-half of the financial resources referred to in the let. (a) in the form of non-interest-bearing long-term loans, in accordance with the scale of contributions to the regular budget of the United Nations in force at the time of payment of such contributions, adjustments being made to hold Member States which are not members of the United Nations. The other half of the financial resources shall be obtained by means of borrowings guaranteed by the States Parties in accordance with this scale.
(c)
If the amount of the contributions of the States Parties is less than that of the financial resources to be provided to the Enterprise under the let. (a), the Assembly shall consider at its first session the failure to receive and, taking into account the obligations of the States Parties under the terms of the let. (a) and (b), and recommendations of the Preparatory Commission, adopt, by consensus, measures concerning this lack.
(d) (i) Within 60 days after the entry into force of the Convention or within 30 days after the date of deposit of its instruments of ratification or accession, whichever is the more distant, each State Party shall file with the The Company of irrevocable, non-negotiable promissary notes and non-interest in the amount of its share in respect of non-interest-bearing loans provided for in the let. (b).
(ii)
As soon as possible after the entry into force of the Convention, and thereafter annually or at other appropriate intervals, the Board of Directors shall establish a quantitative statement of the needs of the Enterprise with a timetable for the financing of the Administrative expenditure and the activities carried out in accordance with Art. 170 and art. 12 of this annex.
(iii)
The Company shall notify the States Parties, through the Authority, of the amount of their respective shareholdings in such expenditure, as determined in accordance with the provisions of the Act. (b). The Company will cash the promiss-ordered notes out of the amounts necessary to finance the expenses mentioned in the schedule for non-interest-bearing loans.
(iv)
Upon receipt of the notification, the States Parties shall make available to the Company their respective shares of the debt guarantees in accordance with the whistle. (b).
(e) (i) If requested by the Enterprise, States Parties may provide debt guarantees in addition to those they provide in accordance with the scale referred to in the letter. (b).
(ii)
Instead of a debt guarantee, a State Party may make a voluntary contribution to the Company of an amount equivalent to the fraction of the debts that it would have been obliged to guarantee.
(f)
Reimbursement of interest-bearing loans has priority over non-interest-bearing loans. Non-interest-bearing loans shall be repaid in accordance with a timetable adopted by the Assembly on the recommendation of the Council and after the opinion of the Administrative Council. The Administrative Board shall exercise this function in accordance with the relevant provisions of the rules, regulations and procedures of the Authority which take account of the fundamental need to ensure the smooth functioning of the Enterprise and, in particular, To ensure its financial independence.
(g)
The sums paid to the Enterprise are in freely available and freely available currencies and can be effectively used in the major foreign exchange markets. These currencies are defined in the rules, regulations and procedures of the Authority in accordance with prevailing international monetary practices. Subject to subs. 2, no State Party shall apply or impose any restrictions with regard to the possibility for the Company to hold, use or exchange such sums.
(h)
"Debt guarantee" means the promise made by a State Party to the creditors of the Enterprise to honour, to the extent provided by the appropriate scale, the financial obligations of the Company covered by the guarantee, after notification by The creditors of the Company's failure to fulfil these obligations. The procedures for implementing these obligations must be in accordance with the rules, regulations and procedures of the Authority.

4. The financial resources, assets and expenses of the Enterprise shall be separated from those of the Authority. The Company may nevertheless enter into agreements with the Authority concerning facilities, personnel and services or agreements relating to the reimbursement of administrative expenses paid by one on behalf of the other.

5. The documents, books and accounts of the Company, including its annual financial statements, shall be audited annually by an independent auditor appointed by the Council.

Art. 12 Operations

The Company shall submit to the Council projects relating to the activities referred to in Art. 170. These projects include a formal written work plan for the activities to be carried out in the Area, in accordance with s. 153, para. 3, as well as any other information or data which may be required for their assessment by the Legal and Technical Commission and their approval by the Council.

2. Once the project has been approved by the Council, the Enterprise shall execute it in accordance with the formal and written work plan referred to in subs. 1.

3.
(a) If the Company does not have the goods and services necessary for its operations, it may acquire such goods or services. To this end, it calls for tenders and contracts with the tenderers whose offer is the most advantageous from the point of view of quality, price and delivery date.
(b)
If several offers meet these conditions, the contract shall be awarded in accordance with:
(i)
The principle of prohibiting discrimination on the basis of political or other considerations which are unrelated to the diligent and effective execution of operations;
(ii)
The directives adopted by the Council with regard to the preference to be given to goods and services originating in developing States, particularly those of a landlocked or geographically disadvantaged group.
(c)
The Board of Directors may adopt rules defining the special circumstances in which it may be waived, in the interests of the undertaking, to issue invitations to tender.

4. The Company has ownership of all the minerals and treated substances it produces.

5. The Company sells its products on a non-discriminatory basis. It does not grant non-commercial discounts.

6. Without prejudice to the general or special powers conferred on it by other provisions of the Convention, the Enterprise shall exercise the powers necessary for the conduct of its affairs.

7. The Enterprise shall not interfere in the political affairs of the States Parties and shall not be influenced in its decisions by the political orientation of the States to which it is dealing. Its decisions are based exclusively on commercial considerations, which it takes into account impartially with a view to achieving the aims set out in Art. 1 of this annex.

Art. 13 Legal status, privileges and immunities

1. In order to enable the Company to carry out its functions, the legal status, privileges and immunities defined in this Article shall be recognized in the territory of the States Parties. In order to give effect to this principle, the Enterprise and the States Parties may conclude the special agreements they deem necessary.

2. The Company has the legal capacity to carry out its functions and achieve its goals, including the following:

(a)
Enter into contracts and joint or other agreements, including agreements with States or international organizations;
(b)
Acquire, lease, hold and dispose of movable and immovable property;
(c)
Legal proceedings.
3.
(a) The Company may only be prosecuted before the competent courts in a State Party on whose territory it:
(i)
Has an office or facility;
(ii)
Appointed an agent for the purpose of receiving service from justice;
(iii)
Has a market for goods or services;
(iv)
Issued securities; or
(v)
Carries on business in any other form.
(b)
The assets and assets of the Company, wherever located and whatever the holder, are exempt from any form of seizure or other execution until a final judgment against the Company has been made.
4. A)
The assets and assets of the Company, wherever located and whatever the holder thereof, shall be exempt from requisition, confiscation, expropriation, or any other form of constraint that is a measure of the executive or legislative power.
(b)
The assets and assets of the Company, wherever situated and in any person, shall not be subject to any control, restriction, regulation or moratorium of a discriminatory nature, of any kind whatsoever.
(c)
The Company and its staff shall comply with the laws and regulations of any State or territory in which they engage in industrial and commercial or other activities.
(d)
States Parties shall ensure that the Enterprise shall enjoy all the rights, privileges and immunities accorded to entities engaged in commercial activities in their territory. These rights, privileges and immunities are granted to the Company in a manner that is no less favourable than those applied to entities engaged in similar commercial activities. Where States grant special privileges to developing States or their commercial entities, the Company shall enjoy such privileges on a similar preferential basis.
(e)
States Parties may grant the Company special incentives, rights, privileges and immunities without being obliged to grant them to other commercial entities.

5. The company negotiates with the states on whose territory it has offices and facilities to obtain exemption from direct and indirect taxes.

6. Each State Party shall take the necessary measures to give effect, in its legislation, to the principles set out in this Annex, and shall inform the Enterprise of the concrete provisions it has made.

7. The Company may waive, to the extent and under the conditions determined by it, any privilege or privilege conferred upon it by this section or the special agreements referred to in s. 1.


Annex V

Conciliation

Section 1 Conciliation in accordance with section 1 of Part XV

Art. 1 Opening of the proceedings

If the parties to a dispute have agreed, in accordance with Art. 284, to submit it to conciliation in accordance with the procedure provided for in this section, any party to that dispute may initiate proceedings by way of written notification addressed to the other party or to the other parties to the dispute.

Art. 2 List of conciliators

The Secretary-General of the United Nations shall prepare and maintain a list of conciliators. Each State Party shall have the power to designate four conciliators with the highest reputation for impartiality, competence and integrity. The names of the designated persons are listed.

(2) If, at any time, the number of conciliators designated by a State Party and appearing on the list is less than four, that State may make the additional designations to which it is entitled.

3. The name of a conciliator shall remain on the list until such time as it has been withdrawn by the State Party which appointed the conciliator, on the understanding that the conciliator shall continue to serve on any conciliation commission to which he has been appointed until such time as the procedure Before that committee was completed.

Art. 3 Constitution of the Conciliation Commission

Unless the parties otherwise agree, the Conciliation Commission shall be constituted as follows:

(a)
Subject to the let. (g) the conciliation commission shall consist of five members;
(b)
The party that initiates the proceedings shall appoint two conciliators, who shall preferably be chosen from the list referred to in s. 2 of this Annex and one of which may be of its nationals, unless the parties agree otherwise. Such appointments shall be indicated in the notification provided for in Art. 1;
(c)
The other party to the dispute within 21 days of the receipt of the notification referred to in Art. 1, appoints two conciliators in the manner provided for in the let. (b). If the appointments do not take place within the prescribed period, the party who initiated the proceedings may, within one week after the expiration of that period, either terminate the procedure by notification addressed to the other party or request the Secretary-General of the United Nations to make such appointments in accordance with the provisions of the Act. (e);
(d)
Within 30 days from the date of the last appointment, the four conciliators shall appoint a fifth, chosen from the list referred to in s. 2 of this Annex, which shall be the President. If the appointment is not made within the prescribed period, each party may, within one week after the expiration of that period, request the Secretary-General of the United Nations to make the appointment in accordance with the letter. (e);
(e)
Within 30 days of receipt of an application under the let. (c) or (d), the Secretary-General of the United Nations shall make the necessary appointments by selecting, in consultation with the parties to the dispute, persons on the list referred to in art. 2 of this annex;
(f)
It is filled with any vacant seat in the manner prescribed for the initial appointment;
(g)
When two or more parties agree to cause common cause, they jointly appoint two conciliators. Where two or more parties are separate or unable to agree as to whether they are to cause common cause, they appoint conciliators separately;
(h)
Where more than two parties are separate or unable to agree as to whether they should jointly cause the dispute, the parties to the dispute shall apply the let. (a) to (f) to the maximum extent possible.
Art. 4 Procedure

Unless the parties concerned agree otherwise, the conciliation commission shall adopt its own procedure. It may, with the consent of the parties to the dispute, invite any State Party to submit its views orally or in writing. The procedural decisions, recommendations and report of the committee shall be adopted by a majority of its members.

Art. 5 Friendly Settlement

The Commission may bring to the attention of the parties any measures which may facilitate the amicable settlement of the dispute.

Art. 6 Functions of the Commission

The Commission shall hear the parties, consider their claims and objections and make proposals to assist them in reaching an amicable settlement of the dispute.

Art. 7 Report

1. The committee shall report within twelve months of its constitution. Its report shall contain any agreement and, failing agreement, its conclusions on all matters of fact or law relating to the subject-matter of the dispute, as well as any recommendations it deems appropriate for the purpose of an amicable settlement. The report shall be deposited with the Secretary-General of the United Nations and transmitted to the parties to the dispute.

2. The report of the panel, including any conclusions or recommendations contained therein, shall not be binding on the parties.

Art. 8 End of procedure

The conciliation procedure is terminated when the dispute has been settled, the parties have accepted or a party has rejected the recommendations contained in the report by written notification addressed to the Secretary-General of the Organization Of the United Nations or a period of three months has elapsed since the date of the communication of the report to the parties.

Art. Fees and Fees

The fees and expenses of the commission shall be borne by the parties to the dispute.

Art. 10 Right of the parties to derogate from the procedure

The parties to the dispute, by an agreement applicable to that dispute alone, may agree to derogate from any provision of this Annex.

Section 2 Mandatory submission to conciliation procedure in accordance with section 3 of Part XV

Art. 11 Opening of the proceedings

1. Any party to a dispute which, in accordance with section 3 of Part XV, may be subject to conciliation in accordance with the procedure provided for in this section, may initiate proceedings by way of written notification addressed to the other party or to the others Parties to the dispute.

2. Any party to the dispute that has received the notification provided for in s. 1 is obliged to submit to the conciliation procedure.

Art. 12 No reply or refusal to submit to proceedings

The fact that one or more parties to the dispute does not respond to the notification of the initiation of a conciliation procedure or not to submit to such a procedure does not constitute an obstacle to the proceedings.

Art. 13 Jurisdiction

In the event of a dispute as to whether a conciliation commission established under this section is competent, that committee shall decide.

Art. 14 Application of Section 1

Art. 2 to 10 of Section 1 of this Annex shall apply subject to the provisions of this Section


Annex VI

Statute of the International Tribunal for the Law of the Sea

Art. 1 General provisions

The International Tribunal for the Law of the Sea shall be established and functioning in accordance with the provisions of the Convention and this Statute.

2. The Tribunal has its seat in the Free and Hanseatic City of Hamburg, Federal Republic of Germany.

3. He may, however, sit and perform his or her duties elsewhere when he or she considers it desirable.

4. The submission of a dispute to the Tribunal is governed by Parts XI and XV.

Section 1 Organization of the Tribunal

Art. 2 Composition

1. The Tribunal is a body of 21 independent members, elected from among those with the highest reputation for impartiality and integrity and with well-known competence in the field of the law of the sea.

2. The representation of the world's principal legal systems and equitable geographical distribution are ensured in the composition of the Tribunal.

Art. 3 Members of the Tribunal

1. The Court of First Instance cannot understand more than one national of the same State. In this respect, the person who may be considered as a national of more than one State is deemed to be a national of the State in which he habitually exercises his civil and political rights.

2. There shall be no less than three members for each geographical group defined by the General Assembly of the United Nations.

Art. 4 Candidatures and elections

(1) Each State Party may designate two persons together with the conditions laid down in Art. 2 of this Annex. The members of the Tribunal shall be elected on the list of persons so designated.

2. At least three months before the date of the election, the Secretary-General of the United Nations shall, in the case of the first election, or the Registrar of the Tribunal in the case of a subsequent election, invite the States Parties to the Assembly in writing Communicate the names of their candidates within two months. The Secretary-General or the Registrar shall prepare an alphabetical list of the candidates thus nominated, indicating the States Parties which have nominated them, and shall communicate that list to the States Parties before the seventh day of the last month preceding the date of The election.

The first election shall take place within six months of the entry into force of the Convention.

4. Members of the Tribunal shall be elected by secret ballot. Elections shall be held at a meeting of States Parties convened by the Secretary-General of the United Nations in the case of the first election and in accordance with the procedure established by the States Parties in the case of elections Later. Two-thirds of the States Parties shall constitute a quorum at each meeting. The elected members of the Tribunal shall be the candidates who have obtained the largest number of votes and a two-thirds majority of the votes of the States Parties present and voting, on the understanding that the majority shall comprise the majority of the States Parties.

Art. 5 Function Duration

The members of the Tribunal shall be elected for nine years and shall be eligible for re-election; however, in respect of the members elected at the first election, the functions of seven of them shall end after three years and those of seven shall end after six years.

2. The members of the Tribunal whose functions are terminated at the end of the initial periods of three and six years mentioned above shall be designated by the Secretary-General of the United Nations immediately After the first election.

3. Members of the Tribunal remain in office until they are replaced. Once they have been replaced, they continue to be aware of the cases before them.

4. If a member of the Tribunal resigns, he shall inform the President of the Tribunal in writing. The seat becomes vacant on the date of receipt of the letter of resignation.

Art. 6 Vacant Seats

(1) It shall be filled with the seats which have become vacant according to the method followed for the first election, subject to the following provision: the Registrar shall proceed to the invitation prescribed in art. 4 of this Annex within one month after the date on which the seat has become vacant and the President of the Court fixes the date of the election after consultation of the States Parties.

(2) The member of the Tribunal elected to replace a member whose term of office has not expired shall terminate the term of office of his predecessor.

Art. 7 Incompatibilities

1. A member of the Tribunal may not exercise any political or administrative function or be actively or financially involved in any operation of a business engaged in the exploration or exploitation of the resources of the sea or Seabed or other commercial use of the sea or seabed.

2. A member of the Tribunal may not perform the duties of an officer, counsel or counsel in any case.

3. In case of doubt on these points, the Court shall decide by a majority of the other members present.

Art. 8 Conditions relating to the participation of members in the settlement of a particular case

1. A member of the Tribunal may not participate in the settlement of any matter in which he has previously acted as an agent, counsel or counsel for one of the parties, as a member of a national or international court or tribunal or any other person Title.

(2) If, for a special reason, a member of the Tribunal considers that he is not required to participate in the settlement of a particular case, he shall inform the President of the Tribunal accordingly.

(3) If the President is of the opinion that a member of the Tribunal should not, for a special reason, sit in a particular case, he shall notify it.

4. In case of doubt on these points, the Court shall decide by a majority of the other members present.

Art. Consequence of a member ceasing to meet the requirements

If, in the unanimous opinion of the other members, a member of the Tribunal has ceased to meet the requirements, the President of the Tribunal shall declare his seat vacant.

Art. 10 Privileges and immunities

In the performance of their duties, the members of the Tribunal shall enjoy diplomatic privileges and immunities.

Art. 11 Solemn commitment

A member of the Tribunal must, before taking office, take the solemn undertaking in public meeting to exercise his or her duties impartially and conscientious.

Art. 12 President, Vice-President and Registrar

The Court of First Instance shall elect, for a period of three years, its President and Vice-President, who shall be eligible for re-election.

2. The Tribunal shall appoint its Registrar and may provide for the appointment of such other officials as may be required.

3. The President and the Registrar shall reside at the headquarters of the Tribunal.

Art. 13 Quorum

1. All available members of the Tribunal shall serve, as a quorum of eleven elected members shall be required to constitute the Tribunal.

2. The Tribunal decides which of its members are available for a given dispute, taking into account s. 17 of this Annex and the need to ensure the proper functioning of the Chambers provided for in Art. 14 and 15 of the same annex.

3. The Tribunal shall rule on all disputes and applications submitted to it, unless s. 14 of this Schedule does not apply or that the parties apply for the application of s. 15 of the same annex.

Art. 14 Chamber for the settlement of disputes relating to the seabed

A Chamber for the settlement of disputes relating to the seabed shall be established in accordance with Section 4 of this Annex. Its jurisdiction, powers and functions are defined in Section 5 of Part XI.

Art. 15 Special rooms

The Court of First Instance may, as it deems necessary, establish chambers, composed of at least three of its elected members, for specific categories of business.

2. The Tribunal shall constitute a chamber to hear a particular dispute submitted to it if the parties so request. The composition of this Chamber shall be fixed by the Court of First Instance with the consent of the parties.

3. With a view to the prompt dispatch of cases, the Court of First Instance shall annually appoint a Chamber, composed of five of its elected members, to act in summary proceedings. Two members are also appointed to replace members who would be unable to sit in a particular case.

(4) The chambers provided for in this article shall decide whether the parties so request.

(5) Any judgment given in any of the rooms provided for in this section and in s. 14 of this Annex shall be considered as rendered by the Court of First Instance.

Art. 16 Regulations of the Tribunal

The Tribunal determines by regulation the manner in which it performs its duties. In particular, it rules its procedure.

Art. 17 Members with the nationality of the parties

The members of the Tribunal having the nationality of any of the parties to a dispute shall retain the right to sit.

2. If the Tribunal, in the case of a dispute, includes a member of the nationality of one of the parties, any other party may designate a person of his or her choice to serve as a member of the Tribunal.

3. If the Tribunal, where there is a dispute, does not include any member of the nationality of the parties, each of these parties may designate a person of its choice to serve as a member of the Tribunal.

4. This section applies to the rooms referred to in s. 14 and 15 of this annex. In such cases, the President, in consultation with the parties, shall invite so many members of the Board that it is necessary to assign their place to the members of the Tribunal of the nationality of the interested parties and, in the absence or in the event of an impediment, to the Members specially designated by these parties.

(5) Where several parties cause common cause, they shall, for the purposes of the foregoing provisions, count for only one. In case of doubt, the Tribunal decides.

6. The members designated in accordance with s. 2, 3 and 4, must comply with the requirements of s. 2, 8 and 11, of this annex. They participate in the decision in full equality with their colleagues.

Art. 18 Compensation

Each elected member of the Tribunal shall receive an annual salary and a special allowance for each day on which he or she performs his duties, provided that, for each year, the total amount of his special allowance does not exceed the amount of his or her Annual treatment.

2. The President shall receive a special annual allowance.

3. The Vice-President shall receive a special allowance for each day he serves as President.

4. Designated members under s. 17 of this schedule, other than the elected members of the Tribunal, shall receive compensation for each day on which they perform their duties.

5. Such salaries, allowances and allowances shall be fixed from time to time at meetings of the States Parties taking into account the volume of work of the Tribunal. They cannot be decreased for the duration of the duties.

6. The processing of the Registrar shall be fixed at meetings of the States Parties on a proposal from the Tribunal.

7. Regulations adopted at meetings of the States Parties shall lay down the conditions under which retirement pensions shall be allocated to the members of the Court of First Instance and the Registrar, as well as the conditions for reimbursement of their travel expenses.

8. These salaries, allowances and allowances are exempt from tax.

Art. 19 Tribunal Fees

1. The costs of the Court shall be borne by the States Parties and by the Authority in accordance with the conditions and in the manner agreed at meetings of the States Parties.

(2) If an entity other than a State Party or the Authority is a party to a dispute before the Tribunal, the Tribunal shall determine the contribution of that party to the costs of the Tribunal.

Section 2 Jurisdiction of the Tribunal

Art. Access to the Tribunal

The Tribunal shall be open to the States Parties.

2. The Court of First Instance shall be open to entries other than the States Parties in all cases expressly provided for in Part XI or in any dispute submitted pursuant to any other agreement conferring on the Court of First Instance a competence accepted by all parties to the Dispute.

Art. Jurisdiction

The Tribunal is competent for all disputes and applications submitted to it in accordance with the Convention and whenever it is expressly provided for in any other agreement conferring jurisdiction on the Tribunal.

Art. Submission of other agreements to the Dispute Tribunal

If all the parties to a treaty or an agreement already in force relating to an issue covered by this Convention agree, any dispute relating to the interpretation or application of that treaty or convention may be Submitted to the Tribunal in accordance with what has been agreed.

Art. Applicable law

The Tribunal shall rule on all disputes and all applications in accordance with s. 293.

Section 3 Procedure

Art. 24 Instance Introduction

(1) Disputes shall be brought before the Court of First Instance, as the case may be, by notification of a compromise or by request, addressed to the Registrar. In both cases, the subject matter of the dispute and the parties must be indicated.

2. The Registrar shall immediately amend the compromise or request to all concerned.

(3) The Registrar shall also notify the compromise or request to all States Parties.

Art. 25 Conservatory Measures

1. In accordance with Art. 290, the Tribunal and the Chamber for the settlement of disputes relating to the seabed have the power to prescribe provisional measures.

2. If the Court of First Instance does not sit or if the number of available members is less than the quorum, the provisional measures shall be prescribed by the summary procedure chamber established in accordance with Art. 15, para. 3, of this annex. Notwithstanding Art. 15, para. 4 of the same annex, such provisional measures may be prescribed at the request of any party to the dispute. They are subject to review and review by the Tribunal.

Art. 26 Debates

(1) Debates shall be led by the President or, if prevented by the Vice-President, if both are prevented, the debates shall be led by the former of the present Judges of the Tribunal.

2. The hearing shall be public, unless the Tribunal decides otherwise or the parties ask for the closed door.

Art. 27 Conduct of the trial

The Tribunal makes orders for the conduct of the trial and the determination of the forms and time limits in which each party ultimately has to conclude; it takes all the measures involved in the administration of the evidence.

Art. 28 Defect

Where one of the parties to the dispute does not introduce or enforce its means, the other party may request the Tribunal to continue the proceedings and render its decision. The absence of a party or the fact that a party does not enforce its means shall not prevent the proceedings from proceeding. Before rendering its decision, the Tribunal must ensure not only that it has jurisdiction to hear the dispute, but that the application is valid in fact and in law.

Art. Majority required for decision making

1. The decisions of the Tribunal shall be made by a majority of the members present.

2. In the event of an equal division of votes, the voice of the President or his or her successor shall be paramount.

Art. Judgement

1. The judgment is reasoned.

2. It refers to the names of the members of the Tribunal who took part in it.

(3) If the judgment does not, in whole or in part, express the unanimous opinion of the members of the Tribunal, any member shall have the right to include his or her individual or dissenting opinion.

4. The judgment shall be signed by the President and by the Registrar. It shall be read in a public meeting, with the parties duly notified.

Art. Request for Work Order

1. Where a State Party considers that, in a dispute, a legal interest is in dispute, the State Party may make a request to the Tribunal for the purpose of intervention.

2. The Court of First Instance decides on the motion.

3. If the Court of First Instance is entitled to the request, its decision concerning the dispute shall be binding on the State intervening to the extent that it relates to the points covered by the intervention.

Art. 32 Right of intervention on questions of interpretation or application

When a question of interpretation or application of the Convention arises, the Registrar shall promptly notify all States Parties.

2. Where s. 21 and 22 of this annex, a question of interpretation or application of an international agreement arises, the Registrar shall notify all the parties to that agreement.

3. Each part referred to in s. 1 and 2 has the right to intervene in the trial; if it exercises this right, the interpretation contained in the judgment is also binding on it.

Art. 33 Finality and binding force of decisions

1. The Tribunal's decision is final and all parties to the dispute must comply with it.

2. The Tribunal's decision is binding only on the parties and in the case that has been decided.

3. In the event of a challenge to the meaning and scope of the decision, it is for the Tribunal to interpret it, at the request of any party.

Art. 34 Procedal Costs

Unless the Court decides otherwise, each party shall bear its procedural costs.

Section 4 Chamber for the settlement of disputes relating to the seabed

Art. 35 Composition

1. The House of Commons for the settlement of disputes relating to marine funds referred to in s. 14 of this Annex shall consist of eleven members chosen by the Tribunal from among its elected members, by a majority of them.

2. In the choice of members of the House, the representation of the principal legal systems of the world and equitable geographical distribution are ensured. The Assembly of the Authority may adopt general recommendations concerning such representation and distribution.

3. Members of the House shall be selected every three years and their terms of office may be renewed only once.

4. The Chamber shall elect its President from among its members; the President shall remain in office for the duration of the term of office of the Chamber.

5. If cases were pending at the end of any three-year period for which the House was chosen, the House shall conclude its initial composition.

6. When a seat becomes vacant in the House, the Tribunal shall select from among its elected members a successor to complete the term of office of its predecessor.

7. A quorum of seven of the members selected by the Tribunal is required to constitute the House.

Art. 36 Chambers Ad hoc

1. The Chamber for the Settlement of Disputes concerning Seabed Funds shall constitute a Chamber Ad hoc , composed of three of its members, to hear a particular dispute before it pursuant to s. 188, para. 1, let. (b). The composition of this Chamber shall be established by the Chamber for the settlement of disputes relating to the seabed with the consent of the parties.

2. If the parties do not agree on the composition of a Chamber Ad hoc , each party to the dispute shall appoint one member and the third member shall be appointed by mutual agreement. If the parties are unable to agree or if a party does not appoint a member, the Speaker of the House of Commons for the resolution of disputes relating to the seabed shall immediately appoint the missing member (s), who shall be selected from the members of that party. Room, after consultation with the parties.

3. Members of a Chamber Ad hoc Shall not be in the service of any of the parties to the dispute, nor shall be nationals of any of them.

Art. Access to the Chamber

The Chamber shall be open to the States Parties, the Authority and other entities or persons referred to in Section 5 of Part XI.

Art. 38 Applicable law

In addition to s. 293, the House applies:

(a)
The rules, regulations and procedures of the Authority adopted in accordance with the Convention; and
(b)
The terms of any contract relating to activities in the Area relating to any matters relating to that contract.
Art. 39 Enforcement of House Decisions

The decisions of the Chamber shall be enforceable in the territory of the States Parties in the same way as the judgments or orders of the highest court of the State Party on whose territory the enforcement is sought.

Art. 40 Application of Other Sections of this Annex

1. The provisions of the other sections of this schedule that are not inconsistent with this section shall apply to the House.

2. In the exercise of its advisory powers, the House shall be guided by the provisions of this Annex relating to the procedure followed before the Court of First Instance, to the extent that it recognizes them as applicable.

Section 5 Amendments

Art. Amendments

Amendments to this Annex other than those relating to Section 4 may be adopted only in accordance with Art. 313 or by consensus at a conference convened in accordance with the Convention.

2. Amendments to section 4 may only be adopted in accordance with Art. 314.

3. The Court of First Instance may, by written communication, submit to the consideration of the States Parties the proposed amendments to this Annex which it considers necessary, in accordance with subs. 1 and 2.


Annex VII

Adjudication

Art. 1 Opening of the proceedings

Subject to Part XV, any party to a dispute may refer the dispute to the arbitration procedure set out in this Annex by written notification addressed to the other party or to the other parties to the dispute. The notification shall be accompanied by the statement of the conclusions and the reasons on which they are based.

Art. 2 List of arbitrators

The Secretary-General of the United Nations shall prepare and maintain a list of arbitrators. Each State Party may designate four arbitrators with experience in maritime matters and having the highest reputation for impartiality, competence and integrity. The names of the designated persons are listed.

(2) If, at any time, the number of arbitrators designated by a State Party and appearing on the list is less than four, that State may make the additional designations to which it is entitled.

(3) The name of an arbitrator shall remain on the list until such time as it has been withdrawn by the State Party which has appointed him, it being understood that the arbitrator shall continue to serve in any arbitral tribunal to which he has been appointed until such time as Court is completed.

Art. 3 Constitution of the arbitral tribunal

For the purposes of the procedure set out in this Annex, the arbitral tribunal shall, unless the parties agree otherwise, consist of the following:

(a)
Subject to the let. (g) the arbitral tribunal shall consist of five members;
(b)
The party who opens the procedure appoints a member who is preferred on the list referred to in s. 2 of this Annex and may be of its nationals. The name of the member so named shall be included in the notification referred to in Art. 1 of this annex;
(c)
The other party to the dispute shall appoint, within 30 days of the receipt of the notification referred to in Art. 1 of this Annex, a member who is chosen preferably on the list and who may be of its nationals. If the appointment does not take place within that period, the party who initiated the proceeding may, within two weeks after the expiration of the time limit, request that the appointment be made in accordance with the letter. (e);
(d)
The other three members shall be appointed by mutual agreement of the parties. They shall preferably be on the list and are nationals of third States, unless the parties agree otherwise. The parties shall appoint the Chairman of the arbitral tribunal from among those three members. If, within 60 days of receipt of the notification referred to in Art. 1 of this Annex, the parties have not been able to agree on the appointment of one or more of the members of the Tribunal to designate by mutual agreement, or on the appointment of the Chairman, that appointment or appointments shall be made in accordance with the terms of the letter. (e) at the request of any party to the dispute. This application shall be made within two weeks after the expiration of the said time limit;
(e)
Unless the parties agree to appoint a person or a third State chosen by them to make the necessary appointments in accordance with the provisions. (c) and (d), the President of the International Tribunal for the Law of the Sea shall do so. If the latter is prevented or is a national of one of the parties, the appointments shall be made by the earliest member of the Tribunal who is available and who is not a national of any of the parties. Such appointments shall be made by choosing from the list referred to in s. 2 of this Annex within 30 days of receipt of the request and in consultation with the parties. The members so appointed shall be of different nationalities and shall not be at the service of any of the parties to the dispute; they shall not ordinarily reside in the territory of one of the parties, nor shall they be nationals of any of them;
(f)
It is filled with any vacant seat in the manner prescribed for the initial appointment;
(g)
The parties that make common cause jointly appoint a member of the court of mutual agreement. Where there are several separate parties involved, or in the event of disagreement as to whether they are common cause, each of them appoints a member of the court. The number of court members appointed separately by the parties must always be less than one in the number of tribunal members appointed jointly by the parties;
(h)
The let. (a) to (f) shall apply as far as possible to disputes between more than two parties.
Art. 4 Functions of the arbitral tribunal

A arbitral tribunal constituted by s. 3 of this Annex shall carry out its functions in accordance with this Annex and the other provisions of the Convention.

Art. 5 Procedure

Unless otherwise agreed by the parties, the arbitral tribunal itself shall adopt its own procedure by giving each party the opportunity to be heard and to present its case.

Art. 6 Obligations of the parties

The parties to the dispute shall facilitate the task of the arbitral tribunal and, in particular, in accordance with their laws and by any means at their disposal:

(a)
Provide all relevant documents, facilities and information; and
(b)
Give it the opportunity, where necessary, to cite and hear witnesses or experts and to go to the premises.
Art. 7 Fees

Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the costs of the court, including the remuneration of its members, shall be borne equally by the parties to the dispute.

Art. 8 Majority required for decision making

The decisions of the arbitral tribunal shall be taken by a majority of its members. The absence or forbearance of less than half of its members shall not prevent the court from ruling. In the event of an equal division of votes, the voice of the President shall be paramount.

Art. Defect

Where one of the parties to the dispute does not or does not present its means, the other party may request the court to continue the proceedings and render its award. The absence of a party or the fact that a party does not enforce its means shall not prevent the proceedings from proceeding. Before making its award, the arbitral tribunal must ensure not only that it has jurisdiction to hear the dispute, but that the application is founded in fact and in law.

Art. 10 Sentence

The award of the arbitral tribunal shall be limited to the subject matter of the dispute, and shall be reasoned. It refers to the names of the members of the arbitral tribunal who took part in it and the date on which it is rendered. Any member of the court may attach to the award the statement of his or her individual or dissenting opinion.

Art. 11 Finality of the award

The award shall be final and without appeal unless the parties to the dispute have agreed in advance of an appeal process. All parties to the dispute must comply.

Art. 12 Interpretation or Enforcement of the Award

1. Any dispute that may arise between the parties to the dispute in respect of the interpretation or manner of execution of the award may be submitted by either party to the decision of the arbitral tribunal that issued the award. To this end, it shall be filled with the seats which have become vacant according to the method laid down for the initial appointment of the members of the tribunal.

2. If all parties to the dispute agree, any such dispute may be submitted to another court or tribunal in accordance with s. 287.

Art. 13 Application to entities other than States Parties

This Annex applies Mutatis mutandis Any dispute involving entities other than States Parties.


Annex VIII

Special Arbitration

Art. 1 Opening of the proceedings

Subject to Part XV, any party to a dispute relating to the interpretation or application of the articles of the Convention concerning: (1) fishing, (2) the protection and preservation of the marine environment, (3) marine scientific research or (4) Navigation, including pollution by ships or by immersion, may refer this dispute to the special arbitration procedure provided for in this Annex by written notification addressed to the other party or to the other parties to the dispute. The notification shall be accompanied by the statement of the conclusions and the reasons on which they are based.

Art. 2 Lists of experts

1. A list of experts shall be drawn up and maintained for each of the following areas: (1) fishing, (2) the protection and preservation of the marine environment, (3) marine scientific research or (4) navigation, including pollution by ships or by Immersion.

2. In the field of fisheries, the list of experts shall be drawn up and maintained by the Food and Agriculture Organization of the United Nations on the protection and preservation of the marine environment by the United Nations Environment Programme, In the field of marine scientific research by the Intergovernmental Oceanographic Commission, in matters of navigation, including pollution by ships or by immersion, by the International Maritime Organization, or, in each case, by The appropriate subsidiary body to which the organization, programme or commission Question has delegated this function.

(3) Each State Party may designate, in each of these areas, two experts who have established and generally recognized legal, scientific or technical competence in this field and have the highest reputation for impartiality and Of integrity. In each area, the list is made up of the names of the designated persons.

4. If, at any time, the number of experts nominated by a State Party and appearing on a list is less than two, that State may make the additional designations to which it is entitled.

5. The name of an expert shall remain on the list until such time as it has been withdrawn by the State Party which has appointed him, it being understood that the expert shall continue to serve in any special arbitral tribunal to which he has been appointed until such time as the procedure before that Court is completed.

Art. 3 Constitution of the Special Arbitral Tribunal

For the purposes of the procedure set out in this Annex, the special arbitral tribunal shall, unless the parties otherwise agree, consist of the following:

(a)
Subject to the let. (g) the special arbitral tribunal shall consist of five members;
(b)
The party that opens the procedure appoints two members, who are chosen preferably on the list or lists referred to in s. 2 of this Annex relating to the subject-matter of the dispute, one of which may be of its nationals. The names of the members thus appointed shall be included in the notification referred to in Art. 1 of this annex;
(c)
The other party to the dispute shall appoint, within 30 days of the receipt of the notification referred to in Art. 1 of this Annex, two members who are chosen preferably from the list or lists relating to the subject-matter of the dispute, one of which may be of its nationals. If the appointment does not take place within that period, the party who initiated the proceeding may, within two weeks after the expiration of the time limit, request that the appointment be made in accordance with the letter. (e);
(d)
The parties shall appoint by common accord the President of the Special Court of Arbitration, who shall preferably be chosen on the appropriate list and shall be a national of a third State, unless the parties agree otherwise. If, within 30 days of receipt of the notification referred to in Art. 1 of this Annex, the parties have not been able to agree on the appointment of the Chair, this appointment is made in accordance with the letter. (e) at the request of any party to the dispute. This application shall be made within two weeks after the expiration of the said time limit;
(e)
Unless the parties agree to appoint a person or a third State chosen by them, the Secretary-General of the United Nations shall make the necessary appointments within 30 days of receipt of a Application made in application of the let. (c) or (d). Such appointments shall be made by choosing from the list of expert lists referred to in Art. 2 of this annex which are appropriate, in consultation with the parties to the dispute and with the appropriate international organization. The members so appointed shall be of different nationalities and shall not be at the service of any of the parties to the dispute; they shall not ordinarily reside in the territory of one of the parties, nor shall they be nationals of any of them;
(f)
It is filled with any vacant seat in the manner prescribed for the initial appointment;
(g)
The parties that make common cause jointly appoint two members of the court of mutual agreement. Where there are several separate parties involved, or in the event of disagreement as to whether they are common cause, each of them appoints a member of the tribunal;
(h)
The let. (a) to (f) shall apply as far as possible to disputes between more than two parties.
Art. 4 General provisions

Art. 4 to 13 of Annex VII shall apply Mutatis mutandis The special arbitration procedure provided for in this Annex.

Art. 5 Establishing the facts

1. The parties to a dispute relating to the interpretation or application of the provisions of the Convention concerning (1) fishing, (2) the protection and preservation of the marine environment, (3) marine scientific research or (4) navigation, May at any time agree to apply to a special arbitral tribunal established pursuant to s. 3 of this Annex to conduct an investigation and the establishment of the facts underlying the dispute.

(2) Unless the parties otherwise agree, the facts established by the special arbitral tribunal in application of s. 1 are considered to be established between the parties.

(3) If so requested by all the parties to the dispute, the special arbitral tribunal may make recommendations which are not of a decision-making nature and constitute only the basis for a review by the parties of the issues at the origin of the dispute.

4. Subject to subs. 2, the special arbitral tribunal shall comply with this Annex, unless the parties otherwise agree.


Annex IX

Participation of international organizations

Art. 1 Use of the term "international organization"

For the purposes of s. 305 and this Annex, the term "international organization" means an intergovernmental organization consisting of States which have transferred jurisdiction to it for matters dealt with in the Convention, including the competence to conclude Treaties on these matters.

Art. 2 Signature

An international organization may sign the Convention if the majority of its member States are signatories. At the time of signing the Convention, an international organization shall make a declaration specifying the matters dealt with in the Convention for which its signatory member States have transferred jurisdiction to it, as well as the nature and extent of This skill.

Art. 3 Formal confirmation and accession

(1) An international organization may deposit its instrument of formal confirmation or accession if the majority of its member States deposit or have deposited their instruments of ratification or accession.

(2) The instrument deposited by the international organization shall contain the undertakings and declarations prescribed in art. 4 and 5 of this annex.

Art. 4 Extent of participation, rights and obligations

1. The instrument of formal confirmation or accession deposited by an international organization shall contain the undertaking to accept, in respect of matters for which competence has been transferred to it by its member States Parties to the Convention, rights and obligations under the Convention for States.

(2) An international organization shall be a Party to the Convention within the limits of the competence defined in the declarations, communications or notifications referred to in Art. 5 of this annex.

With regard to matters in respect of which its member States Parties to the Convention have transferred jurisdiction to it, an international organization shall exercise the rights and obligations that would otherwise be those of those States under the The Convention. The member states of an international organization do not exercise the competence they have transferred to it.

(4) The participation of an international organization shall in no way entail a representation in excess of that to which its member States Parties to the Convention could otherwise claim; this provision shall apply in particular to rights in Decision-making.

(5) The participation of an international organization shall not confer on its member States which are not Parties to the Convention any of the rights provided for by the Convention.

6. In the event of a conflict between the obligations of an international organization under the Convention and its obligations under the agreement establishing that organization or any related act, the obligations arising from the Convention prevails.

Art. 5 Statements, Notifications and Communications

The instrument of formal confirmation or accession of an international organization shall contain a declaration specifying the matters dealt with in the Convention for which competence has been transferred to it by its member States Parties to the Convention. Convention.

(2) A Member State of an international organization, at the time when it ratifies or accedes to the Convention, or at the time when the organization deposits its instrument of formal confirmation or accession, whichever is later, Statement specifying the matters dealt with in the Convention for which it has transferred competence to the organisation.

(3) States Parties of an international organization which is a Party to the Convention shall be presumed to have jurisdiction in respect of all matters dealt with by the Convention for which they have not expressly stated, by a Declaration, communication or notification made in accordance with this Article, that they transfer competence to the organization.

The international organization and its member States Parties to the Convention shall promptly notify the depositary of any change in the distribution of powers specified in the declarations referred to in s. 1 and 2, including new transfers of jurisdiction.

(5) Any State Party may request an international organization and its member States which are Parties to the Convention to indicate who, from the organization or those Member States, has jurisdiction for a specific question that has arisen. The organisation and the Member States concerned shall provide this information within a reasonable period of time. They may also provide such information on their own initiative.

6. The nature and extent of the powers transferred shall be specified in the declarations, notifications and communications made pursuant to this Article.

Art. 6 Liability

1. Parties with jurisdiction under s. 5 of this annex are responsible for all breaches of the obligations under the Convention and any other violations thereof.

(2) Any State Party may request an international organization or its member States Parties to the Convention to indicate to whom the responsibility lies in a particular case. The organisation and the Member States concerned must provide this information. If they do not do so within a reasonable period of time or if they provide conflicting information, they are held jointly and severally liable.

Art. 7 Dispute Settlement

1. When it deposits its instrument of formal confirmation or accession, or at any time thereafter, an international organization is free to choose, by means of a written declaration, one or more of the means referred to in s. 287, para. 1, let. (a), (c) and (d), for the settlement of disputes relating to the interpretation or application of the Convention.

2. Part XV applies Mutatis mutandis Any dispute between Parties to the Convention, one or more of which are international organizations.

(3) Where an international organization and one or more of its member States cause common cause, the organization shall be deemed to have accepted the same dispute settlement procedures as those States; in the event that one of those States has chosen only the International Court of Justice pursuant to Art. 287, the organisation and that Member State shall be deemed to have accepted the arbitration in accordance with the procedure laid down in Annex VII, unless the parties to the dispute agree to choose another means.

Art. 8 Application of Part XVII

Part XVII applies Mutatis mutandis International organisations, subject to the following provisions:

(a)
The instrument of formal confirmation or accession of an international organization shall not be relevant to the application of s. 308, para. 1;
(b) (i) an international organization has the exclusive capacity to act under s. 312 to 315 if it has jurisdiction under s. 5 of this Annex, for the whole subject matter covered by the amendment,
(ii)
Where an international organization has jurisdiction under s. 5 of this Annex for the whole subject matter covered by the amendment, its instrument of formal confirmation or accession with respect to this amendment is considered, for the purposes of applying s. 316, para. 1, 2 and 3, as the instrument of ratification or accession by each of its member States Parties to the Convention,
(iii)
The instrument of formal confirmation or accession of an international organization shall not be relevant to the application of s. 316, para. 1 and 2, in all other cases;
(c) (i) for the purposes of s. 317, an international organization which includes among its members a State Party to the Convention and which continues to fulfil the conditions laid down in Art. 1 of this annex may not denounce the Convention,
(ii)
An international organization must denounce the Convention if it no longer counts among its members any State Party or if it has ceased to fulfil the conditions laid down in Art. 1 of this annex. Denunciation shall take effect immediately.

Scope of application February 9, 2016 3

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

South Africa *

December 23

1997

22 January

1998

Albania

23 June

2003 A

July 23

2003

Algeria *

11 June

1996

July 11

1996

Germany * **

14 October

1994 A

16 November

1994

Angola *

5 December

1990

16 November

1994

Antigua and Barbuda

2 February

1989

16 November

1994

Saudi Arabia *

24 April

1996

24 May

1996

Argentina *

1 Er December

1995

31 December

1995

Armenia

9 December

2002 A

8 January

2003

Australia * **

5 October

1994

16 November

1994

Austria *

July 14

1995

13 August

1995

Bahamas

July 29

1983

16 November

1994

Bahrain

30 May

1985

16 November

1994

Bangladesh *

27 July

2001

26 August

2001

Barbados

12 October

1993

16 November

1994

Belarus * **

August 30

2006

29 September

2006

Belgium * **

13 November

1998

13 December

1998

Belize **

13 August

1983

16 November

1994

Benin

October 16

1997

15 November

1997

Bolivia *

28 April

1995

28 May

1995

Bosnia and Herzegovina

12 January

1994 S

16 November

1994

Botswana

2 May

1990

16 November

1994

Brazil *

22 December

1988

16 November

1994

Brunei

5 November

1996

5 December

1996

Bulgaria * **

15 May

1996

14 June

1996

Burkina Faso

25 January

2005

24 February

2005

Cameroon

19 November

1985

16 November

1994

Canada *

7 November

2003

7 December

2003

Cape Verde *

10 August

1987

16 November

1994

Chile *

August 25

1997

24 September

1997

China *

7 June

1996

7 July

1996

Cyprus

12 December

1988

16 November

1994

Comoros

21 June

1994

16 November

1994

Congo (Brazzaville)

July 9

2008

8 August

2008

Congo, Kinshasa *

17 February

1989

16 November

1994

Korea (South) *

29 January

1996

28 February

1996

Costa Rica *

21 September

1992

16 November

1994

Côte d' Ivoire

26 March

1984

16 November

1994

Croatia *

5 April

1995 S

16 November

1994

Cuba *

August 15

1984

16 November

1994

Denmark *

16 November

2004

16 December

2004

Djibouti

8 October

1991

16 November

1994

Dominica

24 October

1991

16 November

1994

Egypt *

26 August

1983

16 November

1994

Ecuador *

24 September

2012 A

24 October

2012

Spain *

15 January

1997

February 14

1997

Estonia *

26 August

2005 A

September 25

2005

Fiji *

10 December

1982

16 November

1994

Finland * **

21 June

1996

July 21

1996

France * **

April 11

1996

11 May

1996

Gabon *

March 11

1998

10 April

1998

Gambia

22 May

1984

16 November

1994

Georgia

21 March

1996

20 April

1996

Ghana

7 June

1983

16 November

1994

Greece *

July 21

1995

August 20

1995

Grenada

April 25

1991

16 November

1994

Guatemala *

February 11

1997

13 March

1997

Guinea

September 6

1985

16 November

1994

Equatorial Guinea *

July 21

1997

August 20

1997

Guinea-Bissau *

August 25

1986

16 November

1994

Guyana

16 November

1993

16 November

1994

Haiti

July 31

1996

August 30

1996

Honduras *

5 October

1993

16 November

1994

Hungary *

5 February

2002

7 March

2002

Cook Islands

February 15

1995

March 17

1995

Marshall Islands

August 9

1991 A

16 November

1994

Solomon Islands

23 June

1997

July 23

1997

India *

29 June

1995

July 29

1995

Indonesia

3 February

1986

16 November

1994

Iraq

July 30

1985

16 November

1994

Ireland * **

21 June

1996

July 21

1996

Iceland *

21 June

1985

16 November

1994

Italy * **

13 January

1995

12 February

1995

Jamaica

21 March

1983

16 November

1994

Japan *

20 June

1996

July 20

1996

Jordan

27 November

1995 A

27 December

1995

Kenya

2 March

1989

16 November

1994

Kiribati *

24 February

2003 A

26 March

2003

Kuwait

2 May

1986

16 November

1994

Laos

5 June

1998

July 5

1998

Lesotho

May 31

2007

30 June

2007

Latvia * **

December 23

2004 A

22 January

2005

Lebanon

5 January

1995

4 February

1995

Liberia

September 25

2008

25 October

2008

Lithuania *

12 November

2003 A

12 December

2003

Luxembourg *

5 October

2000

4 November

2000

Macedonia

19 August

1994 S

17 November

1991

Madagascar *

22 August

2001

21 September

2001

Malaysia *

14 October

1996

13 November

1996

Malawi

28 September

2010

28 October

2010

Maldives

7 September

2000

7 October

2000

Mali *

July 16

1985

16 November

1994

Malta *

20 May

1993

16 November

1994

Morocco *

May 31

2007

30 June

2007

Mauritius

4 November

1994

4 December

1994

Mauritania

17 July

1996

August 16

1996

Mexico *

18 March

1983

16 November

1994

Micronesia

29 April

1991 A

16 November

1994

Moldova *

February 6

2007 A

8 March

2007

Monaco

20 March

1996

19 April

1996

Mongolia

13 August

1996

12 September

1996

Montenegro *

23 October

2006 S

3 June

2006

Mozambique

13 March

1997

12 April

1997

Myanmar

21 May

1996

20 June

1996

Namibia

18 April

1983

16 November

1994

Nauru

23 January

1996

22 February

1996

Nepal

2 November

1998

2 December

1998

Nicaragua *

3 May

2000

2 June

2000

Niger

7 August

2013

September 6

2013

Nigeria

August 14

1986

16 November

1994

Niue

11 October

2006

10 November

2006

Norway *

24 June

1996

24 July

1996

New Zealand

19 July

1996

August 18

1996

Oman *

August 17

1989

16 November

1994

Uganda

9 November

1990

16 November

1994

Pakistan *

26 February

1997

28 March

1997

Palau *

September 30

1996 A

30 October

1996

Palestine

2 January

2015 A

1 Er February

2015

Panama *

1 Er July

1996

July 31

1996

Papua New Guinea

14 January

1997

13 February

1997

Paraguay

26 September

1986

16 November

1994

Netherlands * **

28 June

1996

28 July

1996

Aruba

July 23

2014

July 23

2014

Curaçao *

13 February

2009

13 February

2009

Caribbean (Bonaire, Sint Eustatius and Saba) *

13 February

2009

13 February

2009

Sint Maarten *

13 February

2009

13 February

2009

Philippines *

8 May

1984

16 November

1994

Poland

13 November

1998

13 December

1998

Portugal *

3 November

1997

3 December

1997

Qatar

9 December

2002

8 January

2003

Dominican Republic

10 July

2009

10 August

2009

Czech Republic

21 June

1996

July 21

1996

Romania *

17 December

1996

16 January

1997

United Kingdom * **

July 25

1997 A

August 24

1997

Anguilla

July 25

1997

August 24

1997

Bermuda

July 25

1997

August 24

1997

Gibraltar

July 25

1997

August 24

1997

Guernsey

July 25

1997

August 24

1997

Isle of Man

July 25

1997

August 24

1997

Cayman Islands

July 25

1997

August 24

1997

Falkland Islands and Dependencies (South Georgia and South Sandwich Islands)

July 25

1997

August 24

1997

Pitcairn Islands (Ducie, Oeno, Henderson and Pitcairn)

July 25

1997

August 24

1997

Turks and Caicos Islands

July 25

1997

August 24

1997

British Virgin Islands

July 25

1997

August 24

1997

Jersey

July 25

1997

August 24

1997

Montserrat

July 25

1997

August 24

1997

St. Helena and Dependencies (Ascension and Tristan da Cunha)

July 25

1997

August 24

1997

British Antarctic Territory

July 25

1997

August 24

1997

British Indian Ocean Territory

July 25

1997

August 24

1997

Russia * **

12 March

1997

April 11

1997

Saint Lucia

March 27

1985

16 November

1994

Saint Kitts and Nevis

7 January

1993

16 November

1994

Saint Vincent and the Grenadines *

1 Er October

1993

16 November

1994

Samoa

August 14

1995

13 September

1995

Sao Tome and Principe *

3 November

1987

16 November

1994

Senegal

25 October

1984

16 November

1994

Serbia *

12 March

2001 S

April 27

1992

Seychelles

16 September

1991

16 November

1994

Sierra Leone

12 December

1994

11 January

1995

Singapore

17 November

1994

17 December

1994

Slovakia

8 May

1996

7 June

1996

Slovenia *

June 16

1995 S

16 November

1994

Somalia

24 July

1989

16 November

1994

Sudan *

23 January

1985

16 November

1994

Sri Lanka *

19 July

1994

16 November

1994

Sweden * **

25 June

1996

July 25

1996

Switzerland *

1 Er May

2009

May 31

2009

Suriname

July 9

1998

8 August

1998

Swaziland

24 September

2012

24 October

2012

Tanzania *

September 30

1985

16 November

1994

Chad

August 14

2009

13 September

2009

Thailand *

15 May

2011

14 June

2011

Timor-Leste *

8 January

2013 A

7 February

2013

Togo

April 16

1985

16 November

1994

Tonga

2 August

1995 A

1 Er September

1995

Trinidad and Tobago *

April 25

1986

16 November

1994

Tunisia *

24 April

1985

16 November

1994

Tuvalu

9 December

2002

8 January

2003

Ukraine * **

26 July

1999

August 25

1999

European Union *

1 Er April

1998

1 Er May

1998

Uruguay *

10 December

1992

16 November

1994

Vanuatu

10 August

1999

9 September

1999

Vietnam *

July 25

1994

16 November

1994

Yemen *

July 21

1987

16 November

1994

Zambia

7 March

1983

16 November

1994

Zimbabwe

24 February

1993

16 November

1994

Reservations and declarations.
**
Objections.

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

Reservations and declarations

Switzerland

Declaration under s. 287 of the Convention

The International Tribunal for the Law of the Sea is chosen as the sole competent body for disputes in the law of the sea.


RO 2009 3209 ; FF 2008 3653


1 Art. 1 al. 1 of the AF of 19 Dec. 2008 ( RO 2009 3207 ).
2 RS 0.120
3 RO 2009 3397 , 2011 4625, 2014 129, 2016 621. A version of the updated scope of application is published on the DFAE website (/www.dfae.admin.ch/drafts).


Status on February 9, 2016