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Original text
(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:
(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;
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Subject to the Convention, ships of all States, coastal or landlocked, shall enjoy the right of safe passage in the territorial sea.
"Passage" means sailing in the territorial sea for the purpose of:
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.
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:
In the territorial sea, submarines and other submersible vehicles are required to sail on the surface and to fly their flag.
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:
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.
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:
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.
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.
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:
2. The coastal State shall indicate by adequate publicity any danger to navigation in its territorial sea of which it is aware.
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.
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.
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:
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.
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.
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.
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.
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.
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.
In a zone contiguous to its territorial sea, designated as a contiguous zone, the coastal State may exercise the necessary control in order to:
2. The contiguous zone shall not extend beyond 24 nautical miles from the baselines from which the width of the territorial sea is measured.
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.
Nothing in this Part shall affect:
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.
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.
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.
1. In the exercise of the right of transit, ships and aircraft:
2. During transit, vessels shall comply with:
3. During transit passage, aircraft shall:
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.
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.
1. Subject to this section, States bordering a strait may adopt laws and regulations relating to the passage through the strait of:
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.
The user states of a strait and the riparian states should, by agreement, cooperate to:
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.
1. The safe passage regime set out in Section 3 of Part II applies to international navigation straits which:
2. The exercise of the right of safe passage in such straits shall not be suspended.
For the purposes of the Convention:
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.
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.
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.
Within its archipelagic waters, the state can draw closure lines to delimit its inland waters, in accordance with art. 9, 10 and 11.
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.
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.
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. 39, 40, 42 and 44 apply Mutatis mutandis Archipelagic passage.
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.
1. In the exclusive economic zone, the coastal State shall:
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.
The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the width of the territorial sea is measured.
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.
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.
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:
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.
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.
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:
5. The coastal State shall give due notice of the laws and regulations it adopts in the field of conservation and management.
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.
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.
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.
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.
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.
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.
This Part does not apply to sedentary species, as defined in s. 77, para. 4.
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:
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.
(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:
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. 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.
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.
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.
(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.
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.
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.
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.
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.
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.
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. 60 applies, Mutatis mutandis , the artificial islands, installations and works located on the continental shelf.
The coastal State shall have the exclusive right to authorize and regulate drilling on the continental shelf, whatever the purpose.
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.
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.
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.
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.
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.
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:
(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.
The high seas are for peaceful purposes.
No state can legitimately claim to submit any part of the high seas to its sovereignty.
Any State, whether coastal or landlocked, has the right to sail on the high seas of ships flying its flag.
(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.
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.
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.
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:
(3) Any State shall take in respect of ships flying its flag the measures necessary to ensure safety at sea, in particular as regards:
4. These measures include those necessary to ensure that:
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.
Warships enjoy in the high seas the complete immunity from jurisdiction over any State other than the flag State.
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.
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.
(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:
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.
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 .
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.
Piracy means any of the following acts:
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.
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.
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.
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.
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.
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.
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.
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:
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.
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:
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.
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:
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.
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.
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.
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.
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.
All states have the right to their nationals fishing on the high seas, subject to:
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.
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.
1. When setting the allowable catch volume and taking other measures for the conservation of biological resources on the high seas, states shall:
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. 65 also applies to the conservation and management of marine mammals on the high seas.
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.
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.
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:
For the purposes of the Convention:
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.
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.
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.
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.
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.
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.
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.
Ships flying the flag of a landlocked State shall enjoy at sea ports equal treatment to that accorded to other foreign vessels.
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.
For the purposes 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.
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.
The Area and its resources are the common heritage of humanity.
(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.
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.
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.
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).
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.
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.
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:
1. In accordance with the Convention, the Authority shall take action:
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:
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:
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.
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:
3. Other activities in the marine environment shall be carried out with reasonable regard to the activities carried out 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.
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.
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:
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.
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.
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.
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.
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:
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.
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.
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:
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.
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.
(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.
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.
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.
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:
The Council shall consist of 36 members of the Authority, elected by the Assembly in the following order:
2. When it elects the members of the Board in accordance with s. 1 the Assembly shall ensure that:
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.
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.
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:
1. It shall be established as organs of the Council:
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.
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:
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:
(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.
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.
(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.
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.
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.
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.
The financial resources of the Authority shall include:
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).
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:
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.
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.
The Authority has international legal personality and has the legal capacity to carry out its functions and achieve its goals.
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.
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.
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.
The property and assets of the Authority shall be exempt from any control, restriction or regulation and any moratorium.
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.
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:
(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.
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.
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.
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.
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:
Disputes between States Parties referred to in Art. 187, let. (a) may be submitted:
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.
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.
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.
States have an obligation to protect and preserve the marine environment.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
States, acting directly or through the competent international organizations, shall:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
2. States shall cooperate in the elaboration of procedures to avoid unnecessary physical inspections of ships at sea.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
States and relevant international organizations shall encourage and facilitate the development and conduct of marine scientific research in accordance with the Convention.
Marine scientific research is guided by the following principles:
Marine scientific research is not the legal basis for any claim to any part of the marine environment or its resources.
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.
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.
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 .
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.
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:
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.
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.
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:
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:
(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.
Communications concerning marine scientific research projects shall be made by the appropriate official channels, unless otherwise agreed.
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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
The establishment and use of scientific research facilities or equipment of any kind should not interfere with the use of international routes.
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.
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.
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.
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.
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.
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.
States, directly or through the competent international organisations, shall promote:
In order to achieve the objectives set out in Art. 268, States shall, inter alia, work directly or through the competent international organisations to:
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.
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.
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.
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.
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:
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.
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.
The regional centres, among other functions, are responsible for ensuring:
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.
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.
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.
(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.
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.
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.
(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.
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 .
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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:
(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.
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.
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.
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.
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.
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.
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.
1. The Convention is open for signature:
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.
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.
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.
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.
The Convention does not admit any reservations or exceptions other than those expressly permitted in other articles.
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.
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.
1 RS 0.747.305.11 /.14
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.
(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.
(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.
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.
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:
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.
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.
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.
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:
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)
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.
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.
The functions of the Commission are as follows:
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.
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.
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.
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.
Coastal States set the outer limit of their continental shelf in accordance with art. 76, para. 8 and appropriate national procedures.
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.
The Commission's actions do not prejudge issues relating to the establishment of boundaries between states with adjacent or opposite coasts.
The transfer of mineral rights shall take place at the time of their extraction in accordance with the Convention.
2. Prospecting does not confer any resource rights on the prospector. The prospector may, however, extract a reasonable quantity of minerals as samples.
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:
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).
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:
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:
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.
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:
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:
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.
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:
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.
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.
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.
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.
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.
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.
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:
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:
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:
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 % |
|
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.
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.
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.
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.
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.
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:
2. The rules, regulations and procedures relating to the following questions must fully meet the objective criteria set out below:
1. The rights of the contractor under the contract may not be suspended or may be terminated only in the following cases:
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.
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.
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.
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.
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.
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.
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.
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.
The Company shall have a Board of Directors, a Director General and the staff necessary for the performance of its functions.
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.
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:
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.
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.
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.
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.
1. The Company's financial resources include:
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.
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.
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.
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:
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.
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.
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.
Unless the parties otherwise agree, the Conciliation Commission shall be constituted as follows:
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.
The Commission may bring to the attention of the parties any measures which may facilitate the amicable settlement of the dispute.
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.
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.
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.
The fees and expenses of the commission shall be borne by the parties to the dispute.
The parties to the dispute, by an agreement applicable to that dispute alone, may agree to derogate from any provision of this Annex.
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.
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.
In the event of a dispute as to whether a conciliation commission established under this section is competent, that committee shall decide.
Art. 2 to 10 of Section 1 of this Annex shall apply subject to the provisions of this Section
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.
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.
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.
(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.
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.
(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.
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.
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.
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.
In the performance of their duties, the members of the Tribunal shall enjoy diplomatic privileges and immunities.
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.
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.
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.
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.
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.
The Tribunal determines by regulation the manner in which it performs its duties. In particular, it rules its procedure.
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.
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.
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.
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.
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.
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.
The Tribunal shall rule on all disputes and all applications in accordance with s. 293.
(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.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
Unless the Court decides otherwise, each party shall bear its procedural costs.
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.
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.
The Chamber shall be open to the States Parties, the Authority and other entities or persons referred to in Section 5 of Part XI.
In addition to s. 293, the House applies:
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.
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.
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.
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.
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.
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 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.
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.
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:
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.
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.
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.
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.
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.
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.
This Annex applies Mutatis mutandis Any dispute involving entities other than States Parties.
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.
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.
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:
Art. 4 to 13 of Annex VII shall apply Mutatis mutandis The special arbitration procedure provided for in this Annex.
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.
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.
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.
(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.
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.
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.
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.
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.
Part XVII applies Mutatis mutandis International organisations, subject to the following provisions:
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 |
|
July 23 |
2014 |
July 23 |
2014 |
|
13 February |
2009 |
13 February |
2009 |
|
13 February |
2009 |
13 February |
2009 |
|
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 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
July 25 |
1997 |
August 24 |
1997 |
|
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 |
|
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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. |
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.
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).