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Law of the Sea Negotiations - Informal Negotiating Text
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1563045
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Law of the Sea Negotiations - Informal Negotiating Text
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John O. Marsh Files (Ford Administration)
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The original documents are located in Box 19, folder "Law of the Sea Negotiations -
Informal Negotiating Text" of the John Marsh Files at the Gerald R. Ford Presidential
Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 19 of the John Marsh Files at the Gerald R. Ford Presidential Library
THIRD UNITED NATIONS CONFERENCE
ON THE LAW OF THE SEA
INFORMAL SINGLE NEGOTIATING TEXT
AND
TEXT ON SETTLEMENT OF DISPUTES
REPRODUCED BY
OFFICE OF LAW OF THE SEA NEGOTIATIONS
DEPARTMENT OF STATE
WASHINGTON, D.C.
MAY 9, 1975
UNITED NATIONS
Distr.
GENERAL
THIRD CONFERENCE
A/CONF.62/WP.8/Part I
7 May 1975
ON THE LAW OF THE SEA
Original: ENGLISH
INFORMAL SINGLE NEGOTIATING TEXT
PART I
TEXT PRESENTED BY THE CHAIRMAN OF THE FIRST COMMITTEE
Note by the President of the Conference
At its 55th plenary meeting on Friday 18 April 1975 the Conference decided to
request the Chairman of its three Main Committees each to prepare a single negotiating
text covering the subjects entrusted to his Committee. In his concluding statement,
before the Conference made this request, the President stressed that the single text
should take account of all the formal and informal discussions held so far, would be
informal in character and would not prejudice the position of any delegation nor would
it represent any negotiated text or accepted compromise. It should, therefore, be
quite clear that the single negotiating text will serve as a procedural device and only
provide a basis for negotiation. It must not in any way be regarded as affecting either
the status of proposals already made by delegations or the right of delegations to
submit amendments or new proposals.
GE.75-65322
GERAL
A/CONF:62/WP.8/Part I
page 2
CONVENTION ON THE SEA-BED AND THE OCEAN FLOOR
AND THE SUB-SOIL THEREOF BEYOND THE LIMITS OF
NATIONAL JURISDICTION
PART I
INTERPRETATION
Article 1
For the purposes of this Convention
(i) "States Parties" to this Convention means Contracting Parties.
(ii) "Activities in the Area" means all activities of exploration of the Area and of
the exploitation of its resources, as well as other associated activities in the Area
including scientific research.
(iii) "Resources" means resources in situ.
(iv) Mineral resources means any of the following categorisation:
(a) liquid or gaseous substances such as petroleum, gas,
condensate, helium, nitrogen, carbon dioxide, water, steam, hot
water, and also sulphur and salts extracted in liquid form in
solution;
(b) useful minerals occurring on the surface of the sea-bed or
at depths of less than three meters beneath the surface and also
concretions of phosphorites and other minerals;
(c) solid minerals in the ocean floor at depths of more than
three meters from the surface;
(d) ore-bearing silt and brine.
PART II : PRINCIPLES
THE AREA AND ITS LIMITS
Article 2
1. This Convention shall apply to the sea-bed and ocean floor and subsoil thereof
beyond the limits of national jurisdiction, hereinafter called the "Area".
2. States Parties to this Convention shall notify the International Seabed Authority
established pursuant to Article 21 (hereinafter called the "Authority"), of the limits
referred to in paragraph 1 of this article defined in this Convention and determined by
co-ordinates of latitude and longitude and shall indicate the same on appropriate large
scale charts officially recognised by that State.
A/CCNF.62/WP.8/Part I
page 3
3.
The Authority shall register and publish such notification in accordance with
rules adopted by it for the purpose.
4.
Nothing in this article shall affect the validity of any agreement between States
with respect to the establishment of limits between opposite or adjacent States.
COMMON HERITAGE OF MANKIND
Article 3
The Area and its resources are the common heritage of mankind.
NO CLAIM OR EXERCISE OF SOVEREIGNTY OR OTHER RIGHTS
Article 4
1.
No State shall claim or exercise sovereignty or sovereign rights over any part of
the Area or its resources, nor shall any State or person, natural or juridical,
appropriate any part thereof. No such claim or exercise of sovereignty or sovereign
rights, nor such appropriation shall be recognized.
2. States or persons, natural or juridical, shall claim, acquire or exercise rights
with respect to the minerals in their raw or processed form derived from the Area
only in accordance with the provisions of this Convention. Otherwise, no such claim,
acquisition or exercise of rights shall be recognized.
GENERAL CONDUCT IN THE AREA AND IN RELATION TO THE AREA
Article 5
States shall act in, and in relation to, the Area in accordance with the provisions
of this Convention and the United Nations Charter in the interests of maintaining
international peace and security and promoting international co-operation and mutual
understanding.
ACTIVITIES IN THE AREA
Article 6
Activities in the Area shall be governed by the provisions of this Convention
and shall be subject to regulation and supervision by the Authority as provided herein.
No such activities shall be carried out except in accordance with such regulations and
the provisions of this Convention.
BENEFIT OF MANKIND AS A WHOLE
Article 7
Activities in the Area shall be carried out for the benefit of mankind as a whole,
irrespective of the geographical location of States, whether coastal or land-locked,
and taking into particular consideration the interests and needs of the developing
countries.
A/CONF.62/WP.8/Part I
page 4
RESERVATION AND USE OF THE AREA EXCLUSIVELY FOR PEACEFUL PURPOSES
Article 8
1.
The Area shall be reserved exclusively for peaceful purposes.
2. The Area shall be open to use exclusively for peaceful purposes by all States
Parties, whether coastal or land-locked, without discrimination, in accordance with
the provisions of this Convention, and regulations made thereunder.
GENERAL PRINCIPLES REGARDING ACTIVITIES IN THE AREA
Article 9
1.
The development and use of the Area shall be undertaken in such a manner as to:
(a) foster the healthy development of the world economy and a
balanced growth in international trade; and
(b) avoid or minimize any adverse effects on the revenues and
economies of the developing countries, resulting from a substantial
decline in their export earnings from minerals and other raw
materials originating in their territory which are also derived
from the Area.
2.
Activities in the Area shall be carried out in an efficient manner to ensure:
(a) orderly and safe development and rational management of the
Area and its resources;
(b) expanding opportunities in the use thereof;
(c) conservation and utilization of the resources of the Area for
optimum benefit of producers and consumers of raw materials and of
products made from them;
(d) equitable sharing in the benefits derived therefrom, taking into
particular consideration the interests and needs of the developing
countries, whether land-locked or coastal.
SCIENTIFIC RESEARCH
Article 10
1. Scientific research provided for in this Convention shall be carried out
exclusively for peaceful purposes and for the benefit of mankind as a whole. The
Authority shall be the centre for harmonizing and co-ordinating scientific research.
2. The Authority may itself conduct scientific research and may enter into agreements
for that purpose.
4
A/CONF.62/WP.8/Part I
page 5
3. States Parties shall promote international co-operation in scientific research in
the Area exclusively for peaceful purposes by:
(a) participation in international programmes and encouraging
co-operation in scientific research by personnel of different
countries and of the Authority;
(b) ensuring that programmes are developed through the Authority
for the benefit of developing countries and technologically less
developed countries with a view to
(i) strengthening their research capabilities;
(ii) training their nationals and the personnel of the Authority
in the techniques and applications of research;
(iii) fostering the employment of their qualified bersonnel in
activities of research in the Area;
(c) effective publication of research programmes and dissemination of
the results of research through the Authority.
TRANSFER OF TECHNOLOGY
Article 11
1. The Authority and through it States Parties to this Convention shall take
necessary measures for promoting the transfer of technology and scientific knowledge
relating to activities in the Area so that all States benefit therefrom. In particular,
they shall promote:
(a) Programmes for the promotion of transfer of technology to
developing countries with regard to activities in the Area, including,
inter alia, facilitating the access of developing countries to patented
and non-patented technology, under just and reasonable conditions;
(b) Measures directed towards the acceleration of domestic technology
of developing countries and the opening of opportunities to personnel
from developing countries for training in marine science and technology
and their full participation in activities in the Area.
PROTECTION OF THE MARINE ENVIRONMENT
Article 12
With respect to activities in the Area, appropriate measures shall be taken for
the adoption and implementation of international rules, standards and procedures
for, inter alia:
(a) The prevention of pollution and contemination, and other hazards
to the marine environment, including the coastline, and of interference
with the ecological balance of the marine environment, particular
attention being paid to the need for protection from the consequences
of such activities as drilling, dredging, excavation, disposal of
waste, construction and operation or maintenance of installations,
pipelines and other devices related to such activities;
A/CCNF.62/WP.8/Part I
page 6
(b) The protection and conservation of the natural resources of the
Area and the prevention of damage to the flora and fauna of the marine
environment.
PROTECTION OF HUMAN LIFE
Article 13
With respect to activities in the Area, the Authority and States shall take
appropriate measures for the adoption and implementation of international rules,
standards and procedures for the protection of human life to supplement existing
international law and any specific treaties which may be applicable.
RIGHTS OF COASTAL STATES
Article 14
1. Activities in the Area, with respect to resources in the Area which lie across
limits of national jurisdiction, shall be conducted with due regard to the rights and
legitimate interests of any coastal State across whose jurisdiction such resources lie.
Consultations, including a system of prior notification, shall be maintained with
the State concerned, with a view to avoiding infringement of such rights and interests.
2.
Neither the provisions of this Convention nor any rights granted or exercised
pursuant thereto shall affect the rights of coastal States to take such measures in
accordance with applicable principles of international law as may be necessary to
prevent, mitigate or eliminate grave and imminent danger to their coastlines or
related interests from pollution or threat thereof or from other hazardous occurrences
resulting from or caused by any activities in the Area.
LEGAL STATUS OF THE SUPERJACENT WATERS AND AIRSPACE
Article 15
Neither the provisions of this Convention nor any rights granted or exercised
pursuant thereto shall affect the legal status of the waters superjacent to the Area or
that of the airspace above those waters.
ACCOMMODATION OF ACTIVITIES IN THE AREA AND IN THE MARINE ENVIRONMENT
Article 16
1. Activities in the Area shall be carried out with reasonable regard for other
activities in the marine environment.
2.
Stationary and mobile installations relating to the conduct of activities in the
Area shall be subject to the following conditions:
(i) Such installations shall be erected, emplaced and removed solely
in accordance with the provisions of this Convention and subject to
rules and regulations prescribed by the Authority. The erection,
emplacement and removal of such installations shall be the subject of
timely notification through Notices to Mariners or other generally
recognized means of notification;
(ii) Such instellations shall not be located in the Area where they
may obstruct passage through sea lanes of vital importance for
international shipping or in areas of intense fishing activity;
6
A/CONF.62/WP.8/Part I
page 7
(iii) Safety zones shall be established around such installations with
appropriate markings to ensure the safety both of the installations
themselves and of shipping. The configuration and location of such
safety zones shall not be such as to form a belt impeding the lawful
access of shipping to particular maritime zones or navigation along
international sea lanes;
(iv) Such installations shall be used tclusively for peaceful purposes;
(v) Such installations shall not possess the status of islands. They
shall have no territorial sea, nor shall their presence affect the
determination of territorial or jurisdictional limits of any kind.
3. Other activities in the marine environment shall be conducted with reasonable
regard for activities in the Area.
RESPONSIBILITY TO ENSURE COMPLIANCE AND LIABILITY FCR DAMAGE
Article 17
1. Every State shall have the responsibility to ensure that activities in the Area,
whether undertaken by governmental agencies, or non-governmental entities or persons
under its juridiction, or acting on its behalf, shall be carried out in conformity
with the provisions of this Convention. The same responsibility applies to
international organizations and their members for activities in the Area undertaken
by such organizations or on their behalf. Damage caused by such activities shall
entail liability on the part of the State or international organization concerned, in
respect of activities which it undertakes itself or authorizes.
2. A group of States or a group of international organizations, acting together
shall be jointly and severally responsible under these articles.
3. Every State shall take appropriate measures to ensure that the responsibility
provided for in paragraph 1 of this article shall apply mutatis mutandis to
international organizations, of which it is a member.
PARTICIPATION OF DEVELOPING COUNTRIES, INCLUDING LAND-LOCKED
AND OTHER GEOGRAPHICA LY DISADVANTAGED STATES
Article 18
Participation in the activities in the Area of developing countries, including
the land-locked and other geographically disadvantaged States among them, shall be
promoted, having due regard to their special needs and interests.
A/CONF.62/WP.8/Part I
page 8
ARCHAELOGICAL AND HISTORICAL OBJECTS
Article 19
1. All objects of an archaelogical and historical nature found in the Area shall be
preserved or disposed of by the Authority for the benefit of the international
community as a whole, particular regard being paid to the preferential rights of the
State of country of origin, or the State of cultural origin, C the State of
historical and archaelogical origin.
2. The recovery and disposal of wrecks and their contents more than 50 years old
found in the Area shall be subject to regulation by the Authority without prejudice
to the rights of the owner thereof.
3. Any dispute with regard to a preferential right under paragraph 1 or a right of
ownership under paragraph 2, shall, on the application of either party, be subject to
the procedure for settlement of disputes provided for in this Convention.
A/CONF.62/WF.8/Part I
page 9.
PART II: THE INTERNATIONAL SEA-BED AUTHORITY
ESTABLISHMENT OF THE INTERNATIONAL SEA-BED AUTHORITY
Article 20
1.
There is hereby established the International Sea-bed Authority which shall
function in accordance with the provisions of this Convention.
2. All States Parties to this Convention are members of the Authority.
3.
The seat of the Authority shall be at Jamaica.
4. The Authority may establish such regional centres or offices as it deems necessary
for the performance of its functions.
NATURE AND FUNDAMENTAL PRINCIPLES OF THE FUNCTIONING OF THE AUTHORITY
Article 21
1. The Authority is the organisation through which States Parties shall administer
the Area, manage its resources and control the activities of the area in accordance
with the provisions of this Convention.
2. The Authority is based on the principle of the sovereign equality of all of its
Members.
3. All Members, in order to ensure to all of them the rights and benefits resulting
from membership, shall fulfil in good faith the obligations assumed by them in
accordance with this Convention.
FUNCTIONS OF THE AUTHORITY
Article 22
1. Activities in the Area shall be conducted directly by the Authority.
2. The Authority nay, if it considers it appropriate, and within the limits it may
determine, carry out activities in the Area or any stage thereof through States Parties
to this Convention, or State enterprises, or persons natural or juridical which
possess the nationality of such States or are effectively controlled by them or their
nationals, or any group of the foregoing, by entering into service contracts, or joint
ventures or any other such form of association which ensures this direct and
effective control at all times over such activities.
3. Notwithstanding the provisions of paragraphs (1) and (2) of this article and in
order to promote earliest possible commencement of activities in the area, the
Authority, through the Council shall:
(i) identify as early as practicable after coming into force of this
Convention ten economically viable mining sites in the Area for exploration
and exploitation of no more than
(size, etc.);
9
A/CONF.62/WP.B/Part I
page 10
(ii) enter into joint ventures in respect of these sites with States Parties
to this Convention or State-enterprises or persons natural and juridical which
possess the nationality of such States or are effectively controlled by them or
their nationals or any group of the foregoing. Such joint ventures shall be
subject to the conditions of exploration and exploitation established by and under
this Convention and shall always ensure the direct and effective control of the
Authority at all times.
4. In entering into such joint vontures as provided for in para. 3 (ii) of this
article, the Authority may decide on the basis of available data to reserve certain
portions of the mining sites for its own further exploitation.
Article 23
1. In the exercise of its functions the Authority shall take reasures pursuant to
this Convention to promote and encourage activities in the Area and to secure the
maximum financial and other benefit from them.
2. The Authority shall avoid discrimination in the granting of opportunities for
such activities and shall, in the implementation of its powers, ensure that all rights
granted pursuant to this Convention are fully safeguarded. Special consideration by
the Authority under this Convention for the interests and needs of the developing
countries, and particularly the land-locked among them, shall not be deemed to be
discrimination.
3. The Authority shall ensure the equitable sharing by States in the benefits derived
from activities in the Area, taking into particular consideration the interests and
needs of the developing countries whether coastal or land-locked.
ORGANS OF THE AUTHORITY
Article 24
1. There are established as the principal organs of the Authority an Assembly,
a Council, a Tribunal, an Enterprise and a Secretariat.
2. Such subsidiary organs as may be found necessary may be stablished in accordance
with this Convention.
THE ASSEMBLY
Article 25
1. The Assembly shall consist of all the Members of the Authority.
2. The Assembly shall meet in regular session every two years and in such special
sessions as may be determined by the Assembly, or convened by the Secretary General at
the request of the Council or of a majority of the Members of the Authority.
10
A/CONF.62/WP.8/Part I
page 11
3.
Sessions shall take place at the seat of the Authority unless otherwise
determinal by the Assembly. At such sessions, each member shall have one
representative who may be accompanied by alternates and advisers.
4.
The Assembly shall elect its President and such other officers as may be required
at the beginning of each session. They shall hold office until the new President and
other officers are elected at the next following session.
5.
Each Member of the Assembly shall have one vote.
6. All decisions on questions of substance and the question whether a question is
one of substance or procedure, shall be made by a two-thirds majority of the Members
present and voting, provided that such majority shall include at least a majority of
the Members of the Authority. Decisions on other questions shall be made by a
majority of the Members present and voting.
7.
A majority of the Members of the Assembly shall constitute a quorum.
8. Upon a written request to the President supported by not less than one-third of
the Members of the Assembly, a vote on any matter before the Assembly shall be
deferred pending reference to the Tribunal for an Advisory Opinion on any legal question
connected therewith. Voting on such matter shall be stayed pending delivery of the
Tribunal's Advisory Opinion, or for a period of six months from the receipt of the
request, whichever is earlier.
POWERS AND FUNCTIONS OF THE ASSEMBLY
Article 26
1.
The Assembly shall be the supreme policy-making organ of the Authority. It shall
have the power to lay down general guidelines and issue directions of a general
character as to the policy to be pursued by the Council or other organs of the
Authority on any questions or matters within the scope of this Convention. It may
also discuss any questions or any matters within the scope of this Convention and make
recommendations thereon.
2.
In addition, the powers and functions of the Assembly shall include:
(i) Election of the members of the Council in accordance with article 28;
(ii) Appointment upon the recommendation of the Council, of the members of the
Tribunal and of the Governing Board of the Enterprise;
(iii) Establishment, as appropriate, of such subsidiary organs as may be found
necessary for the performance of its functions in accordance with the provisions
of this Convention;
(iv) Assessment of the contributions of Parties to this Convention as necessary
for meeting the administrative budget of the Authority;
A/COMF.62/WP.8/Part I
page 12
(v) Adoption of the financial regulations of the Authority, including rules
on borrowing;
(vi) Approval of the budget of the Authority on its submission by the Council;
(vii) Adoption of its rules of procedure;
(viii) Request and consideration of special reports from the Council and from
the other organs of the Authority on any matter within the scope of this
Convention;
(ix) Studies and recommendations for the purpose of promoting international
co-operation concerning activities in the Area and encouraging the progressive
development of international law relating thereto and its codification;
(x) Adoption of criteria, rules, regulations and procedures, for the equitable
sharing of benefits derived from the Area and its resources, taking into special
account the interests and needs of the developing countries, whether coastal or
land-locked;
(xi) Consideration of problems arising from States in connexion with activities in
the Area, from the land-locked or otherwise geographically disadvantages location
of some of them and to recommend basic guidelines for appropriate action.
3. The powers and functions of the Authority not specifically entrusted to other
organs of the Authority shall be vested in the Assembly.
THE COUNCIL
Article 27
1. The Council shall consist of 36 Members of the Authority elected by the Assembly;
24 to be elected in accordance with the principle of equitable geographical
representation and 12 with a view to representation of special interests, taking
into account the principle of equitable geographical representation, the election to
take place in the following order:
(a) Six Members with substantial investment in, or possessing advanced technology
which is being used for, the exploration of the Area and the exploitation of its
resources, and Members which are major importers of landbased minerals which are also
produced from the resources of the Area, provided only that at the first election at
least one of these six members shall be from the Eastern (Socialist) European region.
(b) Six Members from among the developing countries, one being drawn from each
of the following categories:
(1) States which are exporters of landbased minerals which may also be produced
from the resources of the Area;
A/CONF.62/WP.8/Part I
page 13
(ii) States which are importers of the minerals referred to in sub-paragraph (i);
(1 i) States with large propulations;
(iv) Land-locked States;
(v) Geographically disedvantaged States;
(vi) Least developed countries,
(c) Twenty-four Members in accordance with the principle of equitable
geographical representation. For this purpose, the geographical regions shall be
Africa, Asia, Eastern Europe, (Socialist), Latin America and "Western Europe and
others".
2. Elections shall take place at regular sessions of the Assembly, and each member
of the Council shall be elected for a term of 4 years. In the first election of members
of the Council, however, eighteen members shall be chosen for a period of two years.
3. Members shall be eligible for re-election; but due regard should, as a rule, be
paid to the desirability of rotating seats.
4. The Council shall function at the seat of the Authority, and shall meet as often
as the business of the Authority may require, but not less than three times a year.
5. Each member of the Council shall have one vote.
6. Decisions on important questions shall be made by a two-thirds plus one majority
of the members present and voting. The decision on an issue as to whether or not a matter
is an important question shall be taken by a two-thirds majority. Decisions on other
questions shall be decided by a majority of the members present and voting.
7. The Council shall establish a procedure whereby a Member of the Authority not
represented on the Council may send a representative to attend a meeting of the
Council when a request is made by such Member, or a matter particularly affecting it
is under consideration. Such a representative shall be entitled to participate in
the deliberations but not to vote.
POWERS AND FUNCTIONS OF THE COUNCIL
Article 28
The Council shall be the executive organ of the Authority. It shall exercise the
powers and perform the functions entrusted to it by this Convention. In exercising
such powers and performing such functions the Council shall act in a manner consistent
with general guidelines and policy directions laid down by the Assembly.
The Council shall:
(i) Supervise and coordinate the implementation of the provisions of this
Convention and, whenever it deems it appropriate, invite the attention of
the Assembly to cases of non-compliance;
A/COMP.62/WP.8/Part I
page 14
'i') P commend to the Assembly candidates for appointment to the Tribunal and
to the Governing Board of the Enterprise;
(iii) Establish, as appropriate and with due regard to economy and efficiency,
in addition to the Commissions provided for in article 30, such subsidiary organs
as may & e found necessary for the performance of its functions in accordance
with the provisions of this Convention. In the oomposition of such subsidiary
organ.' due regard shall be paid not only to the need for Members highly qualified
and competent in the relevant technical matters which may arise in such organs
but also to special interests and the principle of equitable geographical
distribution;
(iv) Adopt its rules of procedure;
(v) Enter into agreements with the United Nationo or other inter-governmental
organisations on behalf of the Authority, subject to approval by the Assembly;
(vi) Transmit annually to the Assembly a schedule for apportionment of benefits
derived from activities in the Area on the basis of criteria and rules adopted
by the Assembly pursuant to sub-paragraph 1(x) of Article 26;
(vii) Transmit to the Assembly the reports of the Enterprise;
(viii) Transmit to the Assembly annual reports and such special reports as the
Assembly may request;
(ix) Approve and supervise the carrying out of activities in the Area by the
Enterprise;
(x) Approve on behalf of the Authority contracts for the conduct of activities
in the Area and exercise direct and effective control over the activities in the
Area;
(xi) Adopt, upon the recommendation of the Economic Planning Commission,
programmes or measures to avoid or minimize adverse effects on the revenues of
developing countries derived from the export of minerals and other products
originating in their territories which are also derived from the resources of the
Area. The Council shall ensure that developing countries importers of minerals
or other products derived from the resources of the Area shall be given
preferential access or favourable terms to such minerals and products;
(xii) Adopt, on the recommendation of the Technical Commission, rules, regulations
and procedures and any amendments thereto concerning:
(a) technical, operational and financial matters relating to activities in the
Area in accordance with the Basic Conditions annexed to this Convention;
(b) protection of human life and health;
(c) protection and prescrvation of the marine environment;
A/CONF.62/WP.8/Part I
page 15
(d) discovery, identification, protection, acquisition and disposal of objects
of archaeological and historical interest found in the Area;
(e) any other matters within the scope of the powers and functions of the
Council.
(xiii) Arrange for and review the collection of all payments to be made by or
to the Authority in connexion with operations pursuant to this Convention;
(xiv) Hake recommendations to the Assembly on the matters specified in
subparagraph (ii) of paragraph 1. of Article 25 and Article 72, and, as
appropriate, on any other matter within the scope of the functions of the
Council;
(xv) Make rocommendations to States concerning the policies and measures required
to give effect to the principles of this Convention;
(xvi) Make recommendations to the Assembly concerning suspension of the
privileges and rights of membership for gross and persistent violations of the
provisions of this Convention.
ORGANS OF THE COUNCIL
Article 29
1. There are hereby established as organs of the Council an Economic Planning
Commission, and a Technical Commission each of which shall be composed of fifteen
members appointed by the Council with due regard to not only the need for Members
highly qualified and competent in the technical matters which may arise in such organs
but also to special interests and the principle of equitable geographical distribution.
2. The Council shall invite States Parties to this Convention to submit nominations
for Appointment to each commission.
3. Appointment to each commission shall take place not less than sixty days before
the end of a calendar year and the members of a commission shall hold office from the
commencement of the next calendar year following their appointment until the end of
the third calendar year thereafter. The first appointments to a commission, however,
shall take place not less than thirty days after the entry into force of this
Convention, and those so appointed shall hold office until the end of the calendar
year next following the year of their appointment.
4. In the event of the death, incapacity or resignation of a member of a commission
prior to the expiry of his term of office, the Council shall appoint a member from the
same area or interest who shall hold office for the romainder of the previous member's
term.
5. The Council shall appoint to the commission persöns of high moral character who
may be relied upon to exercise independent judgment. They shall serve in their
individual capacity and shall receive such regular remuneration from the Authority
as the Council shall from time to time determine. Members of a ccmission shall be
eligible for re-appointment for one further term of office.
A/CONF.62/WP.8/Part I
page 16
6. Each commission shall appoint its chairman and two vice-chairmen who shall hold
office for one year.
7. The Council shall approve, on the recommendation of a commission, such rules and
regulations as may be necessary for the efficient conduct of the functions of the
commission.
8.
Decisions shail be by a 2/3 majority of members of the commission.
9. Each commission shall function at the seat of the Authority and shall meet as
often as shall be required for the efficient performance of its functions.
THE ECONOMIC PLANNING COMMISSION
Article 30
1. Members of the Economic Planning Commission shall have appropriate qualifications
and experience relevant to mining and the management of mineral resource activities,
and international trade and finance.
2. The Economic Planning Commission, in consultation with the competent organs of
the United Nations and the specialized agencies, shall review the trends of, and
factors affecting, supply, demand and prices of raw materials which may be obtained
from the Area and, bearing in mind the interests of both consuming and land-based
mineral producing countries, and in particular the developing countries among them,
make recommendations to the Council on programmes and measures with respect to the
implementation of Article 22 of this Convention and in particular:
(a) Schedules of the extent of the Area or the volume of its resources which
would be made available for exploitation; and
(b) Appropriate programmes or measures, including integrated commodity
arrangements and buffer stock arrangements, to avoid or minimize adverse
effects on developing countries whose economies substantially depend on the
revenues derived from the export of minerals and other raw materials
originating in their territories which are also derived from the resources
of the Area under exploitation taking into account all sources of these minerals
and raw materials.
3. The Commission shall advise the Council in the exercise of the Council's economic
planning functions and make such special studies and reports on these: functions assmay
be required by the Council from time to time.
4. Any State Party to this Convention whose economy substantially depends on the
export of minerals and other products originating in its territory which are also
derived from minerals under exploitation in the Area may bring to the attention of
the Economic Planning Commission a situation which is likely to lead to a substantial
decline in its mineral export earnings. The Commission shall forthwith investigate
this situation and shall make recommendations, in consultation with parties to this
Convention and with the competent inter-governmental organizations to the Council in
accordance with paragraph 2 of this article.
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page 17
THE TECHNICAL COMMISSION
Article 31
1.
Members of the Technical Commission shall have appropriate qualifications and
experience in the management of sea-bed resources, ocean and marine engineering and
mining and mineral processing technology and practices, operationg of related marine
installations, equipment and devices, ocean and environmental sciences and maritime
safety, accounting and actuarial techniques.
2. The Technical Comm sion shall:
(i) Formulate and submit to the Council the technical and operational rules,
regulations and procedures referred to in paragraph (xiii) of Article 27;
(ii) Keep such rules, regulations and procedures under review and recommend
to the Council from time to time such amendments thereto as it may deem
necessary or desirable;
(iii) Make recommendations to the Council with regard to the carrying out of
the Authority's functions with respect to scientific research and transfer of
technology;
(iv) Prepare special studies and reports at the request of the Council;
(v) Prepare assessments of the environmental implications of activities in the
area and consider and evaluate these implications before recommending the rules,
regulations and procedures referred to in sub-paragraph (i) of this paragraph;
(vi) Supervise, on a regular basis, all operations with respect to activities
in the Area, where appropriate in consultation and collaboration with any entity
carrying out such activities or State or States concerned;
(vii) Notify the Council of any cases of failure to comply with the provisions
of the present Convention, the rules, regulations and procedures prescribed
thereunder and the terms and conditions of a contract, and make recommendations
to the Council with respect to measures to be taken in that regard.
THE TRIBUNAL
Article 32
1. The Tribunal shall have jurisdiction with respect to:
(a) Any dispute relating to the interpretation or application of this
Convention; and
(b) Any dispute connected with the subject matter of this Convention and
submitted to it pursuant to a contract or arrangement entered into pursuant
to this .Convention.
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page 18
2. TN e Tribunal shall exercise all powers and perform all functions referred to under
articles 57, 58, 60, 61, 62 and 63.
3. The Tribunal shall be composed of a body of independent judges, elected
regardless of their nationality from among persons of high moral character, who
possess the cualifications required in their respective countries for appointment
to the highest judicial offices, or are jurisconsultants of recognized competence
in law of the sea matters and other areas of international law.
The Tribunal shall cons =+ of nine judges, five of whom shall constitute a
quorum.
5. Members of the Tribunal shall be appointed by the Assembly on the recommendation
of the Council from among cardidates nominated by States Parties to this Convention.
In appointing members of the Tribunal due regard shall be pai to the importance
of assuring representation on the Tribunal of the principal legal systems of the
world.
6. Members of the Tribunal hold office for five years and may be reappointed for one
further term; provided that the terms of the four judges elected at the first election
shall expire at the end of three years.
7. The Members of the Tribunal unless removed in accordance with paragraph 9 shall
continue to discharge their duties until their places have been filled. Though
replaced, they shall finish any cases which they may have begun.
8. Upon the occurrence of a vacancy in the Tribunal, the Council shall appoint a
successor who shall hold office for the remainder of his predecessor's term, subject
to the approval of the Assembly at its next regular session.
9. A member of the Tribunal may be removed from office by the Assembly, on the
unanimous recommendation of the other members of the Tribunal and the approval of
the Council.
10. The Tribunal shall establish its rules of procedure, elect its President
annually, appoint a Registrar and such staff as may be necessary for the efficient
discharge of its functions. The salaries and emoluments and terms of service of
members of the Tribunal, and of its Registrar and staff, shall be determined by the
Council.
Article 33
The Tribunal shall decide all disputes relating to the intorpretation and
application of this Part, the rules, regulations and procedures prescribed thereunder
and the terms and conditions of any contracts entered into by the Authority which have
been submitted to it, and shall render advisory opinions on the request of any organ
of the Authority or as otherwise specifically provided in this Part.
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page 19
Article 34
Nothing in the foregoing articles shall prevent Members of the Authority from
settling their disputes by any other means prescribed by Article 57 of this
Convention.
THE ENTERPRISE
Article 35
1. The Enterprise shall be the organ of the Authority which shall, subject to the
general policy directions and supervision of the Council, undertake the preparation
and execution of activities of the Authority in the Area, pursuant to Article 22.
In the exercise of its functions, it may enter into appropriate agreements on behalf
of the Authority.
2. The Enterprise shall have international legal personality and such legal capacity
as may be necessary for the performance of its functions and the filfilment of its
purposes. The Enterprise shall function in accordance with the Statute set forth in
Annex to this Convention, and shall in all respects be governed by the
provisions of this Convention. Appointment of the Members of the Governing Board
under article 26 (ii) of this Convention shall be made on the basis of equal
reprecentation of all geographical regions enumerated in article 27 (1) (c) and in
accordance with the provisions of the Statute set forth in Annex II to this Convention.
3. Members of the Authority are ipso facto parties to the Statute of the Enterprise.
4. The Enterprise shall have its principal place of business at the seat of the
Authority.
THE SECRETARIAT
Article 36
The Secretariat shall comprise a Secretary-General and such staff as the
Authority may require. The Secretary-General shall be appointed by the Assembly
upon the recommendation of the Council. F shall be the chie f administrative officer
of the Authority.
Article 37
The Secretary-General shall act in that capacity in all meetings of the Assembly
and of the Council, and of any subsidiary organs established by them, and shall
perform such other functions as are entrusted to him by any organ of the Authority.
The Secretary-General shall make an annual report to the Assembly on the work of the
organisation.
CONF.62/WP.8/Part I
ge 20
Article 38
1.
The staff of the Authority shall include such qualified scientific and technical
and other personnel as may be required to fulfil the objective and functions of the
f hority. The Authority shall be guided by the principle that its permanent staff
shall be kept to a minimum.
2. The paramount consideration in the rec: witment and emplo: nent of the staff and
in the determination of their conditions of service shall be to secure employees of
the highest standards of efficiency, competence and integrity. Subject to this
consideration, due regard shall be paid to the importance of recruiting staff on as
wide a geographical basis as possible.
3.
The staff shall be appointed by the Secretary-General. The terms and conditions
on which the utaff shall be appointed, remunerated and dismissed shall be in accordance
with regulations made by the Council, and to general rules approved by the Assembly on
the recommendation of the Council.
Article 39
In the peformance of their duties, the Secretary-General and the staff shall not
seek or receive instructions from any government or from any other source external to
the Authority. They shall refrain from any action which might reflect on their
position as international officials of the Authority responsible only to the Authority.
They shall have no financial interest whatsoever in any activity relating to
exploration and exploitation in the Area. Subject to their responsibilities to the
Authority, they shall not disclose any industrial secret or data declared by the
Authority to be proprietury or other confidential information coming to their
knowledge by reason of their official duties for the Authority. Each Party to this
Convention undertakes to respect the exclusively international character of the
responsibilities of the Secretary-General and the staff and not to seek to influence
them in the discharge of their responsibilities.
Article 40
1. The Authority shall, as necessary, establish a staff of inspectors. The staff
of inspectors shall have the responsibility of examining all ctivities in the Area to
determine whether the provisions of this Convention, the rules, regulations and
procedures prescribed thereunder, and the terms and conditions of any contract with
the Authority pursuant to this Convention are being complied with.
2. The inspectors shall report any non-compliance to the Secretary-General. The
Secretary-General shall immediately notify the Chairmen of the Council and of the
Technical Commission.
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page 21
Article 41
1.
The Secretary-General may send into the territory of a party to this Convention
and into the Area and any installation established therein, inspectors after
consultation with the parties concerned. The inspectors shall have access at all
times to all places and data and to any person who deals with any activity in the
Area pursuant to this Convention, and to any books of account and records kept with
respect to such activity.
2.
Inspectors shall, upon request made to the Secretary-General, be accompanied by
representatives of any State Party to this Convention and any party involved,
provided that the inspectors shall not thereby be delayed or otherwise impeded in the
exercise of their functions.
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page 22
PART III: FINANCE
Article 42
The Assembly shall establish the General Fund of the Authority.
All receipts of the Authority arising from activities in the Area, including
any excess of revenues of the Enterprise over its expenses and costs in such
proportion as the Council shall determine shall be paid into the General Fund.
Article 43
The Council shall en .mit to the Assembly annual budget estimates for the
expenses of the Authority To facilitate the work of the Council in this regard,
the Secretary-General shall initially prepare the budget estimates. If the Assembly
does not approve the estimates, it shall return them together with its recommendations,
to the Council. The Council shall then submit further estimates to the Assembly for
its approval.
Article 44
1. Expenses of the Authority comprise:
(a) administrative expenses, which shall include costs of the staff of the
Authority, costs of meetings, and expenditure on account of the functioning
of the organs of the Authority;
(b) expenses not included in the foregoing, incurred by the Authority in
carrying out the functions entrusted to it under this Convention; and
(c) the expenditure of the Enterprise, to the extent that it cannot be met
out of the Enterprise's own revenues and other receipts.
2. The expenses referred to in paragraph 1 of this article shall be met to an
extent to be determined by the Assembly on the recommendation of the Council, out
of the General Fund, the balance of such expenses to be met out of contributions
by members of the Authority in accordance with a scale of assessment adopted by the
Assembly pursuant to the sub-paragraph 1 (iv) of Article 25.
Article 45
1. Any excess of revenues of the Authority over its expenses and costs to an
extent determined by the Council, all payments received pursuant to Article 43 of
this Convention and any voluntary contributions made by States Parties to this
Convention shall be credited to a Special Fund.
2. Amounts in the Special Fund shall be apportioned and made available equitably
in such manner and in such currencies, and otherwise in accordance with criteria,
rules, regulations and procedures adopted by the Assembly pursuant to sub-paragraph 1(x)
of Article 25.
A/CONF.62/WP.8/Part I
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Article 46
Subject to such limitations as may be approved by the Assembly in the financial
regulations adopted by it pursuant to sub-paragraph 1(vi) of Article 25, the Council
may exercise borrowing powers on behalf of the Authority without, however, imposing
on members of the Authority any liability in respect of loans entered into pursuant
to this paragraph, and accept voluntary contributions made to the Authority.
Article 47
The records, books and accounts of the Authority, including its annual financial
statements, shall be subject to an annual audit by a recognized independent auditor.
STATUS, IMMUNITIES AND PRIVILEGES
Article 48
The Authority shall have full international legal personality, and such legal
capacity as may be necessary for the exercise of its functions and the fulfilment of
its purpose.
Article 49
To enable the Authority to fulfil its functions it shall enjoy in the territory
of each State Party to this Convention, the immunities and privileges set forth
herein except as provided in annex to this Convention with respect to operations
of the Enterprise.
Article 50
The Authority, its property and assets, shall enjoy in the territory of each
State Party to this Convention, immunity from legal process, except when the Authority
waives its immunity.
Article 51
The property and assets of the Authority, wheresoever located and by whomsoever
held, shall be immune from search, requisition, confiscation, expropriation or any
other form of seizure by executive or legislative action.
Article 52
All property and assets of the Authority shall be free from restrictions, regulations,
controls and moratoria of any nature.
Article 53
The President and members of the Assembly, the Chairman and members of the
Council, members of any organ of the Assembly, or the Council, and members of the
Tribunal, and the Secretary-General and staff of the Authority, shall enjoy in the
territory of each member State:
2
A/COMF.62/WP.8/Part I
page 24
(a) Immunity from legal process with respect to acts performed by them in
the exercise of their functions, except when the Authority waives this
immunity;
(b) Not being local nationals, the same immunities from immigration
restrictions, alien registration requirements and national service obligations,
the same facilities as regards exchange restrictions and the same treatment
in respect of ravelling facilities as are accorded by States Parties to this
Convention to the representatives, officials and employees of comparable rank
of other States Parties.
Article 54
The provisions of the preceding article shall apply to persons appearing in
proceedings before the Tribunal as parties, agents, counsel, advocates, witnesses
or experts; provided, however, that sub-paragraph (b) thereof shall apply only in
connexion with their travel to and from, and their stay at, the place where the
proceedings are held.
Article 55
1. The archives of the Authority shall be inviolable, wherever they may be.
2. All proprietary data, industrial secrets or similar information and all
personnel records shall not be placed in archives open to public inspection.
3. With regard to its official communications, the Authority shall be accorded
by each State Party to this Convention treatment no less favourable than that
accorded to other international organizations.
Article 56
1. The Authority, its assets, property and income, and its operations and
transactions authorized by this Convention, shall be exempt from all taxation and
customs duties. The Authority shall also be exempt from liability for the
collection or payment of any taxes or customs duties.
2. Except in the case of local nationals, no tax shall be levied on cr in respect
of expense allowances paid by the Authority to the President or members of the
Assembly, or in respect of salaries, expense allowances or other emoluments paid
by the Authority to the Chairman and members of the Council, members of the Tribunal,
members of any organ of the Assembly or of the Council and the Secretary-General and
staff of the Authority.
SETTLEMENT OF DISPUTES
Article 57
When a dispute falling within article 32 of this Convention has arisen between
States Parties to this Convention, or between such State Party and a national of
another State Party, or between nationals of different States Parties, or between
a State Party or a national of a State Party and the Authority or the Enterprise,
L
A/CONF.62/WP.8/Part I
page 25
the parties to the dispute shall first seek a solution through consultation,
negotiation, conciliation or other such means of their own choice. If the dispute
has not been resolved within one month of its commencement, any party to the dispute
may institute proceedings before the Tribunal, unless the parties agree to submit
the dispute to arbitration pursuant to article 63 of this Convention.
Article 58
1. Any State Party to this Convention which questions the legality of measures
taken by the Council, or of any organ of the Council or the Assembly on grounds of
a violation of this Convention, lack of jurisdiction, infringement of any fundamental
rule of procedure or mis se of power, may bring the matter before the Tribunal.
2. The proceedings provided for in this article shall be instituted within one
month of either the date of publication of the decision concerned of its notification
to the complainant, or of the date on which he became aware of it.
3. If the Tribunal considers the complaint well-founded, it shall declare the
decision concerned to be void, and shall determine what measures suall be taken to
redress any damage caused.
Article 59
1. Judgements and orders of the Tribunal shall be final and binding. They shall
be enforceable in the territories of Members of the Authority in the same way as
judgments or orders of the highest court of that Member State.
2. If a Member of the Authority fails to perform its obligations under a judgment
rendered by the Tribunal, the other party or parties to the dispute may bring the
matter before the Council which shall decide upon measures to be taken to give effect
to the judgment.
Article 60
1. At any time after it is seized of the dispute, the Tribunal may, if it considers
that the circumstances so require, order provisional measures for the purpose of
preserving the respective rights of the parties, or preventing serious harm to the
marine environment.
2. A party to the dispute directly affected by such provisional measures may
request their immediate review. The Tribunal shall promptly undertake such review
and confirm or suspend its order.
Article 61
1. The Tribunal may seek the opinion of any organ of the Council regarding an
issue falling within its competence.
2. The Tribunal shall decide whether proceedings shall be suspended until the
opinion sought has been made available.
A/CONF.62/WP.8/Part I
page 26
Article 62
Any organ of the Authority may request the Tribunal to give an advisory opinion
on any legal question connected with the subject matter of this Convention.
Article 63
1. If the parties to a dispute so agree, rursuant to Articl 57, they shall submit
the dispute to an Arbitration Commission. The Arbitretion Commission shall be
composed of three members. Each party to the dispute shall appoint one member to
the Commission, while the third member, who shall be the Chairman, shall be chosen
in common agreement between the parties. If the parties fail to agree on the
designation of the third member within a period of one month, the third member shall
be appointed by the President of the Tribunal. In case any of the parties fail to
make an appointment within a period of one month the President of the Tribunal shall
fill the remaining vacancy or vacancies.
2. The Arbitration Commission shall decide on matters placed before it by a simple
majority.
3. The Arbitration Commission constituted pursuant to this article shall have such
jurisdiction and shall exercise such powers and functions as the Tribunal constituted
pursuant to Article 32. The provisions of Articles 58-61 shall apply mutatis mutandis
to the Arbitration Commission.
A/CONF.62/WP.8/Part I
page 27
PART IV: FINAL PROVISIONS
AMENDMENT
Article 64
Amendments to this Convention may be proposed by any State Party to this
Convention, Certified copies of the text of any amendment proposed shall be prepared
by the Secretary-General and communicated by him to all parties,' at least ninety days
in advance of its consideration by the Assembly.
Article 65
Amendments shall come into force for all States Parties to this Convention when:
(i) Approved by the Assembly by a two-thirds majority of those present and
voting after consideration of observations submitted by the Council on
proposed amendments; and
(ii) Accepted by two-thirds of all the States Parties in accordance with
their respective constitutional processes. Acceptance by a State Party
shall be effected by the deposit of an instrument of acceptance with the
Secretary-General of the United Nations.
GENERAL REVIEW
Article 66
At the third regular session of the Assembly following the coming into force of
this Convention, the question of a general review of the provisions of this Convention
shall be placed on the agenda of that session. On approval by a majority of the
members present and voting, the review will take place at the following Assembly.
Thereafter, proposals on the question of a general review of this Convention may be
submitted for decisions by the Assembly under the same procedure.
SUSPENSION OF PRIVILEGES
Articie 67
A State Party of the Authority whioh is in arrears in the payment of its
financial contributions to the Authority shall have no vote in the Authority if the
amount of its arrears equals or exceeds the amount of the contributions due from it
for the preceding two years. The Assembly may permit such a State Party to vote if
it is satiafied that the failure to pay is due to conditions beyond the control of
the State Party.
Article 68
1. A member which has persistently violated the provisions of this Convention or
of any agreement or contractual arrangement entered into by it pursuant to this
Convention, may be suspended from the exercise of the privileges and the rights of
membership by the Assembly acting on a two-thirds majority of the States Parties
present and voting upon recommendations by the Council.
2. No action may be taken under this article until the dispute settlement
procedures have been exhausted.
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page 28
SIGNATURE
Article 69
The present Convention shall be open for signature by all States members of the
United Nations or of any of the Specialized Agencies or of the International Atomic
Energy Agency or parties to the Statute of the International Court of Justice, and by
any other State invited to participate in the Third United Nations Conference on the
Law of the Sea or invited by the Assembly of the Authority to become a party to the
Convention, as follows: until 31 December 1976 at the Ministry of Foreign Affairs of
the Republic of Venezuela, and subsequently, until 30 June 1977 at United Nations
Headquarters, New York.
RATIFICATION
Article 70
The present Convention is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United Nations.
ACCESSION
Article 71
The present Convention shall remain open for accession by any State belonging to
any of the categories mentioned in article 69. The instruments of accession shall be
deposited with the Secretary-General of the United Nations.
ENTRY INTO FORCE
Article 72
1. The present Convention shall enter into force on the thirtieth day following the
date of deposit of the thirty-sixth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention after the deposit of the
thirty-sixth instrument of ratification or accession, the Convention shall enter into
force on the thirtieth day after deposit by such State of its instrument of
ratification or accession.
PROVISIONAL APPLICATION
Article 73
1. Pending the definitive entry into force of this Convention in accordance with the
provisions of Article 72, a State may notify upon signing this Convention the
Secretary-General of the United Nations that it will apply this Convention
provisionally and that it will undertake to seek ratification or accession in
accordance with constitutional procedures as rapidly as possible.
2. This Convention shall enter provisionally into force upon the thirty-sixth such
notification to the Secretary-General of the United Nations.
3. Upon provisional entry into force of this Convention in accordance with
paragraph 2, any State which has notified the Secretary-Ceneral of the United Nations
of its intention to apply this Convention provisionally in accordance with paragraph 1,
shall be regarded as being Party for the purpose of provisional application of this
Convention.
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4. The provisional application of this Convention with respect to a State shall be
terminated if that State notifies the other Parties to provisional application of the
withdrawal of its notification under paragraph 1.
5. The provisional application of this Convention in accordance with this article
shall be terminated:
(a) Upon the lefinitive entry into force of this Conver ion in accordance
with Article 72;
(b) If, as a result of withdrawal of notification, in accordance with
paragraph 4 above the total number of Contracting Parties becomes less
than that provider for in paragraph 2;
(c) At the end of a period of
years after the commencement of
provisional application.
6. If, at the end of six months after the opening of the Convention for signature,
provisional entry into force as provided for in Article 73 does not occur, an Interim
Commission shall come into existence, as provided for in Annex III to this Convention.
DEPOSITORY
Article 74
The Secretary-General of the United Nations shall inform all States belonging to
any of the categories mentioned in Article 69 of:
(a) Signature to the present Convention and of the deposit of instruments
of ratification or accession in accordance with Articles 69, 70 and 71
respectively;
(b) Notification of provisional application in accordance with Article 73;
(c) The date on which the present Convention will enter into force in
accordance with Article 72;
(d) Date on waich the present Convention will provisionally enter into force
in accordance with Article 73.
AUTHENTIC TEXTS
Article 75
The original of the present Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto
by their respective Governments, have signed the present Convention.
DONE AT CARACAS, this
day of
one thousand
nine hundred and seventy-six.
A/CONF.62/WP.8/Part I
Annexes
ANNEXES
I. BASIC CONDITIONS OF EXPLORATION AND EXPLOITATION (text attached)
II. STATUTE OF THE ENTERPRISE
III. STATUTE OF THE TRIBUNAL
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Annex I
page 1
ANNEX I
BASIC CONDITIONS OF GENERAL SURVEY EXPLORATION AND EXPLOITATION
PART A
RIGHTS IN THE AREA AND ITS RESOURCES
1. The Area and its resources being the common heritage of mankind, all rights in
the resources are vested in the Authority on behalf of mankind as a whole. These
resources are not subject to alienation.
RIGHTS IN MINERALS
2. Title to the minerals or processed substances derived from the Area shall pass
from the Authority only in accordance with the provisions of this Convention, the rules
and regulations prescribed by the Authority in accordance with this Convention, and the
terms and conditions of the relevant contracts, joint ventures or other form of
association entered into by it.
ACCESS TO THE AREA AND ITS RESOURCES
3. The Authority shall from time to time determine the part or parts of the Area
in which the exploration of the Area and the exploitation of its resources and other
associated activities may be conducted. In doing so the Authority shall be guided by
the following principles:
(a) The Authority shall encourage the conduct of general survey operations, and
to that end shall regularly, after consultation with all States Parties, open for
general survey the sea-bed and ocean floor of such oceanic areas as are determined by
it to be of interest for this purpose. General Survey may be carried out by any
entity which meets the environmental protection regulations of the Authority and
enters into a contract with it.
(b) The Authority may, upon the proposal of a State Party to this Convention or
on its own initiative, open for evaluation and exploitation the sea-bed and ocean floor
of oceanic areas determined by it on the basis of sufficient supporting data, to be
of commercial interect. Such evaluation and exploitation shall be conducted directly
by the Authority in accordance with part B and, within the limits it may determine in
accordance with paragraph 8(f), through States Parties to this Convention, or State
Enterprises, or persons natural or juridical which possess the nationality of such
A/CONF.62/WP.8/Part I
Annex I
page 2
States, or are effectively controlled by them or their nationals, when sponsored
by a State Party, by entering into contracts for asoociated operations in accordance
with paragraphs 5 and 6.
Provided, however, that the Authority may refuse to open any part or parts of
the Area pursuant t. this paragraph when the available data indicates the risk of
irreparable harm to a unique environment or unjustifiable interference with other
uses of the Area.
PART B
4. The Enterprise may at any time, in any part or parts of the Area determined by
the Authority to be open for activities pursuant to paragraph 3 of these Basic
Conditions, carry out directly scientific research or a general survey or exploration
of the Area or operations relating to evaluation and exploitation of the resources of
the brea, including feasibility studies, construction of facilities, processing,
transportation and marketing pursuant to a Plan of Operations approved by the Council,
subject to the following conditions:-
(a) The Enterprise shall submit to the Council in the form prescribed by it for
the purpose such information, including a detailed financial analysis of costs and
benefits, as would enable the Council to review the financial and technical aspects
of the proposed Plan of Operations, as well as a Work Programme, which shall accommodate
the objectives of the Authority as reflected in article 24 of this Part.
(b) If on the basis of such information and after taking into consideration all
relevant factors, the Council determines that the proposed Plan of Operations offers
optimum benefits to the Authority, the Council shall approve the Plan.
(c) Activities in the Area conducted directly by the Enterprise shall, mutatis
mutandis, be subject to the relevant Basic Conditions set forth in Part C.
(a) To the extent that the Enterprise does not currently possess the personnel,
equipment and services for its operations, it may employ them under its direction and
management on a non-discriminatory basis if they meet the qualifications set forth in
paragraph 5. The terms and conditions of such employment shall be in accordance with
the relevant provisions of these Basic Conditions.
(e) Minerals and processed substances produced by the Enterprise shall be marketed
in accordance with rules, regulations and procedures adopted by the Council in
accordance with the following criteria
(i) The products of the Enterprise shall be made available to States Parties.
(ii) The Enterprise shall offer its products for sale at not less than international
market prices. It may, however, sell its products at lower prices to developing
countries, particularly the least developed among them.
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Annex I
page 3
(iii) Production and marketing of the resources of the Area by the Enterprise shall
be maintained or expanded in accordance with the provisions of article 10 of
this Part.
(iv) The Enterprise shall, except as specifically provided in this Part, market
its products without discrimination.
PART C
CONTRACTS FOR ASSOCIATED OPERATIONS
5. On the application of any State Party to this Convention, or State enterprise, or
person natural or juridical which possesses the nationality of a State Party or is
effectively controlled by it or its nationals and is sponsored by a State Party or
any group of the foregoing (hereinafter called the "applicant"), the Authority may
enter into a contract, joint venture or any other such form of association, for the
conduct of scientific research, or for the carrying out of a general survey or
exploration of the Area, or of operations relating to evaluation and exploitation of
the Area including such stages as feasibility study, construction of facilities,
processing, transportation and marketing (hereinafter called the "contract').
6. Every contract entered into by the Authority pursuant to paragraph 4 shall:
(a) be in strict conformity with this Convention and the rules and regulations
prescribed by the Authority in accordance with the Convention;
(b) ensure direct and effective fiscal and administrative control by the
Authority at all stages of operations through appropriate institutional arrangements
entered into pursuant to this Part.
QUALIFICATION OF APPLICANTS
7.
(a) The Authority shall adopt appropriate administrative procedures and rules
and regulations for making an application pursuant tc paragraph 5, and the qualifications
of any applicant referred to therein. Such qualifications shall include (1) financial
standing, (2) technological capability, and (3) past performance and work experience.
(b) States Parties which apply to enter into contracts with the Authority shall
be presumed to possess the qualifications specified in subparagraph (a). They shall
be deemed to have waived their sovereign immunity with respect to financial and
economic obligations covered by such contracts.
(c) Each applicant shall, in addition, submit to the Authority a work programme
which shall accommodate the objectives of the Authority as reflected in this Part and
the rules and regulations adopted thereunder.
(d) Each applicant shall undertake to comply with the provisions of this Convention
and the rules and regulations adopted by the Authority, and to accept control by the
Authority in accordance therewith.
A/CONF.62/WP.8/Part I
Annex I
age 4
ELECTION OF APPLICANTS
8. (a) Upon receiving an application pursuant to paragraph 5 with respect to
activities of evaluation and exploitation, the Authority shall first ascertain whether
any competing application has been received for the area applied for, If no such
ompeting application has been received, the Authority shall enter into negotiations
with a view to concluding a contract with the applicant in respect of the area applied
for, provided that the applicant has completed the procedures and possesses the
qu ifications prescribed pursuant to paragraph 6 and, after a. consideration of all
elevant factors is deemed to offer the Authority optimum benefits. The Enterprise
may not refuse to enter into a contract if the criteria in paragraph 9(d) have been
satisfied, and the contract in all other respects is in strict conformity with the
provisions of this Part and of the rules, regulations and procedures adopted thereunder,
subject to the stated resource policy established by the Authority.
(b) Applicants shall be required to comply with requirements of the Authority
to achieve the objectives set forth in article 12 of this Part.
(c) If the Authority receives more than one application in respect of substantially
the same area and category of minerals, selection from among the applicants shall be
made on a competitive basis taking into account the extent to which each applicant
satisfies the requirements of paragraph 6. The Authority shall enter into negotiations
with a view to concluding a contract with the applicant which, after a consideration of
all relevant factors, is deemed to offer the Authority optimum benefits including
financial arrangements in accordance with paragraph 9(d).
(d) The principles set forth in sub-paragraphs (a), (b) and (c) shall be applied
mutatis mutandis in prescribing procedures, rules and regulations for the selection of
applicants for contracts with respect to activities other than evaluation and
exploitation.
(e) When a contractor that has entered into a contract with the Authority for
one or some of the stages of operations referred to in paragraph 4 has completed
performance under it, he shall have priority among applicants for a contract or
contracts for one or more further stages of operations with regard to the same area
and resources; provided, however, that where the contractor has not carried out his
obligations satisfactorily, such priority may be withdrawn.
(f) The total number of contracts for evaluation and exploitation entered into
by the Authority with a single State Party or with natural and juridical persons under
the sponsorship of a single State Party shall not exceed per cent of the total area
open under paragraph 3, and shall be equal for all States Parties.
A/COMF.62/WP.8/Part I
Annex I
page 5
(E) Within the limits specified in sub-paragraph (f) the Council may every year
detarmine the number of contracts to be entered into by the Authority with a single
State Party or with natural and juridical persons under the sponsorship of a single
State Party in order to give effect to the provisions of articles
RIGHTS AND OBLIGATIONS UNDER THE CONTRACT
9. (a) Any State Party, or any State enterprise or person natural or juridical
:hich possesses the nationality of a State Party or is effectively controlled by it
or by its nationals, when sponsored by a State Party or any group of the foregoing
which enters into a contract for activities relating to evaluation and exploitation
with the Authority pursuant to paragraph 5 (hereinafter called the "Contractor") shall,
except as otherwise agreed by the Authority, be required to use its own funds,
materials, equipment, skills and know-how as necessary for the conduct of operations
covered by the contract, and to post a bond by way of guarantee of satisfactory
performance under the contract.
(b) The costs involved in the performance of the contract pursuant to paragraph
(a) shall be recoverable by the respective parties out of the proceeds of operations.
The Authority shall in its rules and regulations establish a schedule pursuant to
which such costs will be recovered in the manner specified in sub-paragraph (a) of
this paragraph.
(c) The proceeds of operations pursuant to the contract after deduction of costs,
which shall be calculated according to accounting principles to be determined by the
Authority and the terms of the contract, shall be apportioned between the Authority
and the Contractor in the manner specified in the contract in accordance with
sub-paragraph (d) of this paragraph.
(a) [Financial arrangements]
10. The Contractor shall:
(a) Transfer in accordance with the rules and regulations and the terms and
conditions of the contract to the Authority at time intervals determined by the
Authority all data necessary and relevant to the effective implementation of the powers
and functions of the organs of the Authority under this Convention in respect of the
contract area. The Authority shall not disclose to third parties, without the prior
consent of the Contractor, such of the transferred data as is deemed to be proprietary
by the Contractor. Data which is necessary for the promulgation of rules and
regulations concerning protection of the marine environment shall not be deemed to be
proprietary. Except as otherwise agreed with the Authority the Contractor shall not
be obliged to disclose proprietary equipment design data.
A/CONF.62/WP.8/Part I.
Annex I
page 6
(b) Draw up programmes for the training of personnel, and take all such other
action as may be necessary to fulfil its obligations pursuant to paragraph 8(b).
11. The Authority shall, pursuant to this Convention and the rules and regulations
prescribed by the Authority, accord the Contractor the exclusive right to evaluate
and/or exploit the contract area in respect of a specified category of minerals and
shall ensure that no other entity operates in the same contract area for a different
category of minerals in a manner which might interfere with the operations of the
Contractor. The Contractor shall have security of tenure. Accordingly, the contract
shall not be cancelled, modified, suspended or terminated, nor shall the exercise of
any right under it be impaired, except for gross and persistent viclations of the
provisions of this Part and the rules and regulations adopted by the Authority
thereunder, and after recourse to procedures provided under this Part for the settlement
of any dispute that may have arisen. The Authority shall not, during the continuance
of a contract, permit any entity to carry out activities in the same area for the same
category of minerals.
RULES, REGULATIONS AND PROCEDURES
12. The Authority shall adopt and uniformly apply rules, regulations and procedures
consistent with the purposes and fundamental principles of the functioning of the
Authority and with these basic conditions in the following subjects
(1) Applications to enter into contracts
(2) Qualifications of applicants
(3) Selection of applicants
(4) Progress report
(5) Submission of data
(6) Application fees and bonds to secure satisfactory performance
(7) Inspection and supervision of operations
(8) Mining standards and practices including operational safety
(9) Prevention of interference by the Contractor with other
uses of the sea and of the marine environment
(10) Apportionment of the proceeds of operations
(11) Direct participation of personnel of developing countries,
particularly the landlocked among them and of other countries
lacking or less advanced in ocean mining and mineral processing
technology, and the transfer of such technology to such
countries
A/COMP.62/WP.8/Part I
Annex I
page 7
(12) Passing of title to minerals and processed metals from the Area
(13) Avoiding or minimizing adverse effects on the revenues of
developing countries derived from exports of th, minerals and
products thereof from the Area
(14) Transfer of rights by a Contractor
(15) Activities in reserved areas
(16) Financial and accounting rules
In respect of rules, regulations and procedures for the following subjects the Authority
shall uniformly apply the objective criteria set out below:
(17) Protection of the marine environment. The Authority shall take into
account in adopting rules and regulations for the protection of the
marine environment the extent to which activities in the Area such as
drilling, dredging, coring and excavation as well as disposal, dumping
and discharge in the Area of sediment or wastes and other matters will
have a harmful effect on the marine environment.
(18) Size of area. The Authority shall determine the appropriate size of
areas for evaluation which may be up to twice as large as those for
exploitation in order to permit intensive continued survey and
evaluation operations. Areas for exploitation shall be calculated
to satisfy the production requirements agreed between the Authority and
the Contractor over the term of the contract taking into account the
state of the art of technology then available for ocean mining and the
relevant physical characteristics of the area. Areas shall neither
be smaller nor larger than are necessary to satisfy this objective.
In cases where the Contractor has obtained a contract for exploitation,
the area not covered by such contract shall be relinquished to the
Authority.
(19) Duration of activities.
(a) General survey shall be without time limit except in the case of
violations of the Authority's regulations to protect the
environment in which case the Authority may prohibit the violator
from conducting general survey operations for a reasonable
period of time.
A/CONP.62/WP,8/Bant
Annex I
page 8
(b)
Evaluation should be of sufficient duration as to permit, a
thorough survey of the specific area, the design and
construction of mining equipment for the area, the design and
construction of small- and medium-size processing plants for
the purpose of testing mining and processing systems.
(c) The duration of exploitation should be related to the economic
life of the mining project taking into consideration such factors
as the depletion of the ore body, the useful life of mining
equipment and processing facilities, and commercial viability.
Exploitation should be of sufficient duration as to permit
commercial extraction of the minerals of the area and should
include a reasonable time period for construction of commercial
scale mining and processing systems during which period commercial
production should not be required. The total duration of
exploitation, however, should also be short enough to permit
the Authority an opportunity to amend the terms and conditions
of the contract at the time it considers renewal in accordance
with rules and regulations which it has issued subsequent to
entering into the contract.
(20) Performance requirements. The Authority shall require that during
the evaluation stage, periodic expenditures be made by the Contractor
which are reasonably related to the size of the contract area and the
expenditures which would be expected of a bona fide Contractor who
intended to bring the area into full-scale commercial production within
the time limits established by the Authority. Such required
expenditures should not be established at a level which would discourage
prospective operators with less costly technology than is prevalently
in use. The Authority shall establish a maximum time interval after
the evaluation stage is completed and the exploitation stage begins to
achieve full-scale commercial production. To determine this interval,
the Authority should take into consideration that construction of
large-scale mining and processing systems cannot be initiated until
after the termination of the evaluation stage and the commencement
of the exploitation stage. Accordingly, the interval to bring an
A/CONF.62/WP.8/Part I
Annex I
page 9
area intofull-scale commercial production should take into account the
time necessary for this construction after the completion of the
evaluation stage and reasonable llowance should be made for unavoidable
delays in the construction schedule.
Once full-scale commercial production is achieved in the exploitation
stage, the Authority shall within reasonable limits and taking into
consideration all relevant factors require the Contractor to maintain
a reasonable level of commercial production throughout the period of
the contract.
(21) Categories of minerals. In determining the category of mineral in
respect of which a contract may be entered into, the Authority shall
give emphasis inter alia to the following characteristics:
(a). Resources which require the use of similar mining methods, and
(b) Resources which can be developed simultaneously without undue
interference between Contractors in the same area developing
different resources.
Nothing in this paragraph shall deter the Authority from granting a
contract for more than one category of mineral in the same contract
area to the same applicant.
(22) Renunciation of areas. The contractor shall have the right at any time
to renounce without penalty the whole or part of his rights in the
contract area. In such cases the renounced area shall be deemed to
be a reserved area and disposed of in accordance with paragraph 19.
13. The Authority shall have the right to take at any time any measures provided for
under this Convention to ensure compliance with its terms, and in the performance of
the control and regulatory functions assigned to it thereunder or under any contract.
The Authority shall have the right to inspect all facilities in the Area used in
connexion with any activities in the Area.
SUSPENSION OR TERMINATION
14. A Contractor's rights in the contract area shall be suspended or terminated only
if the Contractor has conducted his activities in such a way as to result in gross and
persistent violations of this Part and rules and regulations and were not caused by
circumstances beyond his control, or if a Contractor has wilfully failed to comply with
any decision of the [dispute settlement organ].
\/CONF.62/WP.8/Part I
nnex I
page 10
REVISION OF CONTRACT
15. /Circumstances under which terms and conditions (e.g. financial conditions) of
contracts may be revised - to be drafted.]
FORCE MAJEURE
16. Non-performance OF delay in performance shall be excused if and to the extent that
such non-performance or delay is caused by force majeure. The party invoking
force majeure may take appropriate measures including revision, suspension or termination
of the contract; provided, however, that in the event of a dispute the parties shall
first have recourse to the procedures for the settlement of disputes provided for in this
Part.
TRANSFER OF RIGHTS
17. The rights and obligations arising out of a contract shall be transferred only with
the consent of the Authority, and in accordance with the rules and regulations adopted
by it. The Authority shall not withhold consent to the transfer if the proposed
transferee is in all respects a qualified applicant, and assures all of the obligations
of the transferor.
APPLICABLE LAW
18. The law applicable to the contract shall be solely the provisions of this Convention,
the rules and regulations prescribed by the Authority, and the terms and conditions of
the contract. The rights and obligations of the Authority and of the Contractor shall
be valid and enforceable rotwithstanding the law of any State, or any political sub-
division thereof to the contrary. No contracting State may impose conditions on a
Contractor that are inconsistent with the principles of this Convention.
LIABILITY
19. Responsibility or liability for wrongful damage arising out of the conduct of
operations by the Contractor or the Authority shall lie with the Contractor ON the
Authority as the case may be. It shall be a defence in any proceeding against a
Contractor or the Authority that the damage was the result of an act or omission of the
Authority. Similarly, any responsibility or liability for wrongful damage arising
out of the exercise of the powers and functions of the Authority shall lie with the
Authority. It shall be & defence in any proceeding against the Authority that the
damage was a result of an act or omission of the Contractor. Liability in every case
shall be for the actual amount of damage.
A/CONF.62/WP.8/Part I
Annex I
page 11
SETTLEMENT OF DISPUTES
20. Any dispute concerning the interpretation or application of this Convention,
its rules and regulations or the terms and conditions of a contract and arising batween
the Authority and a Contracting State or any State enterprise or person natural or
juridical which possesses the nationality of a Contracting State or is effectively
controlled by it or its nationals, or any group of the foregoing shall on the
application of either party be subject to the procedure for settlement of such disputes
provided for in this Convention.
ARRANGEMENTS FOLLOWING PROVISIONAL ENTRY INTO FORCE OF THE CONVENTION
21. In the period immediately following provisional application of this Convention,
the Authority shall, with respect to the first [...] such contracts, joint ventures or
other such form of association, give priority to those covering integrated stages of
operations.
UNITED NATIONS
Distr.
GENERAL
A/CONF.62/WP.8/Part II
THIRD CONFERENCE
7 May 1975
ON THE LAW OF THE SEA
Original: ENGLISH
INFORMAL SINGLE NEGOTIATING TEXT
PART II
TEXT PRESENTED BY THE CHAIRMAN OF THE SECOND COMMITTEE
Note by the President of the Conference
At its 55th plenary meeting on Friday 18 April 1975, the Conference decided to
request the Chairmen of its three Main Committees each to prepare a single
negotiating text covering the subjects entrusted to his Committee. In his concluding
statement, before the Conference made this request, the President stressed that the
single text should take account of all the formal and informal discussions held so far,
would be informal in character and would not prejudice the position of any delegation
nor would it represent any negotiated text or accepted compromise. It should,
therefore, be quite clear that the single negotiating text will serve as a procedural
device and only provide a basis for negotiation. It must not in any way be regarded
as affecting either the status of proposals already made by delegations or the right
of delegations to submit amendments or new proposals.
GE.75-65360
A/CONF.62/WP.8/Part II
age 2
INTRODUCTION
The Conference at its 55th meeting on 18 April 1975. adopted a proposal by the
President that the chairmen of the three main committees should each prepare a single
r gotiating text covering the subjects entrusted to his committee, taking account of
all formal and informal discussions and proposals. The President emphasized that the
text would be a basis for negotiation, rather than a negotiated text or accepted
compromise, and would not prejudice the position of any delegation.
In the preparation of the present text, covering the subjects allocated to the
Second Committee, account was taken of the documents before the Conference and the
official and unofficial consultations held during the current session.
The particular nature of this text did not allow the retention of all the trends
reflected in document A/CONF.62/C.2/WP.1 and in other proposals submitted either to the
Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of
National Jurisdiction or to the Conference. The aim of the Conference in adopting the
new method for the future stage of its work would have been defeated had all trends
been retained in this text. It was possible to amalgamate some of the alternative
formulations but in other cases it was necessary to choose between conflicting
proposals. In certain cases, a middle course was adopted.
The justification for the task entrusted to me is to be found in the particular
nature of the single negotiating text as defined by the President and in the need to
have a working instrument on the basis of which the process of negotiations can be
intensified. I have endeavoured to accomplish this task to the best of my ability
and express the hope that it will fulfil the purposes for which it was requested by the
Conference.
It should be noted that the Third Committee is dealing with both scientific
research and the prevention and control of pollution and other hazards to the marine
environment in a wider context.
The present text does not necessarily represent the views of my delegation.
I have prepared it in my capacity as an officer of the Conference and not as
representative of my country.
Reynaldo Galindo Pohl
Chairman, Second Committee
A/CONF.62/WP.8/Part II
page 3
CONTENTS
page
INTRODUCTION
2
PART I. THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE
5
SECTION 1. GENERAL
5
Article 1
5
SECTION 2. LIMITS OF THE TERRITORIAL SEA
5
Articles 2 - 13
5-7
SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA
8
Subsection A. Rules applicable to all ships
8
Articles 14 - 23
8-11
Subsection B. Rules applicable to merchant ships
11
Articles 24 - 26
11-12
Subsection C. Rules applicable to government ships
13
(1) Government ships other than warships
13
Articles 27 - 28
13
(2) Warships
13
Articles 29 - 31
13
(3) State. responsibility for government ships
13
Article 32
13
SECTION 4. CONTIGUOUS ZONE
14
Article 33
14
PART II. STRAITS USED FOR INTERNATIONAL NAVIGATION
15
SECTION 1. GENERAL
15
Articles 34 - 36
15
SECTION 2. TRANSIT PASSAGE
15
Articles 37 - 43
15-18
SECTION 3. INNOCENT PASSAGE
18
Article 44
18
PART III. THE EXCLUSIVE ECONOMIC ZONE
19
Articles 45 - 61
19-26
PART IV. THE CONTINENTAL SHELF
27
Articles 62 - 72
27-29
A/CONF.62/WP.8/Part II
page 4
page
PART V. THE HIGH SEAS
30
SECTION 1. GENERAL
30
Articles 73 - 102
30-37
SECTION 2. MANAGEMENT AND CONSERVATION OF THE LIVING RESOURCES
OF THE HIGH SEAS
38
Articles 103 - 107
38-39
PART VI. LAND-LOCKED STATES
40
Articles 108 - 116
40-41
PART VII. ARCHIPELAGOS
42
SECTION 1. ARCHIFELAGIC STATES
42
Articles 117 - 130
42-46
SECTION 2. OCEANIC ARCHIFELAGOS BELONGING TO
CONTINENTAL STATES
46
Article 131
46
PART VIII. REGIME OF ISLANDS
47
Article 132
47
PART IX. ENCLOSED AND SEMI-ENCLOSED SEAS
48
Articles 133 - 135
48
PART X. TERRITORIES UNDER FOREIGN OCCUPATION OR COLONIAL DOMINATION
49
Article 136
49
PART XI. SETTLEMENT OF DISPUTES
50
Article 137
50
ANNEX
A/CONF.62/WP.8/Part II
page 5
PART I. THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE
SECTION 1. GENERAL
Article 1
1. The sovereignty of a coastal State extends beyond its land territory and internal
waters, and in the case of an archipelagic State, its archipelagic waters, over an
adjacent belt of sea described as the territorial sea.
2. This sovereignty extends to the air space over the territorial sea as well as to
its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to the provisions of
these articles and to other rules of international law.
SECTION 2. LIMITS OF THE TERRITORIAL SEA
Article 2
Every State shall have the right to establish the breadth of its territorial sea
up to a limit not exceeding 12 nautical miles, measured from baselines drawn in
accordance with the provisions of the present Convention.
Article 3
The outer limit of the territorial sea is the line every point of which is at a
distance from the nearest point of the baseline equal to the breadth of the territorial
sea.
Article 4
Except where otherwise provided in these articles, the normal baseline for
measuring the breadth of the territorial sea is. the low-water line along the coast as
marked on large-scale charts officially recognized by the coastal State.
Article 5
In the case of islands situated on atolls or of islands having fringing reefs, the
baseline for measuring the breadth of the territorial sea shall be the seaward edge of
the reef, as shown by the appropriate symbol on official charts.
Article 6
1. In localities where the coastline is deeply indented and cut into, or if there is
a fringe of islands along the coast in its immediate vicinity, the method of straight
baselines joining appropriate points may be employed in drawing the baseline from which
the breadth of the territorial sea is measured. Where because of the presence of a
delta or other natural conditions the coastline is highly unstable, the appropriate
points may be selected along the furthest seaward extent of the low-water line and,
notwithstanding subsequent regression of the low-water line, such baselines shall
remain effective until changed by the coastal State in accordance with the present
Convention.
A/ /CONF.62/WP.8/Part II
bage 6
2. A coastal State may employ the method of mixed baselines, i.e. drawing the
baseline in turn by the methods provided for in article 4 and this article to suit
different conditions.
The drawing of such baselines must not depart to any appreciable extent from the
eneral direction of the coast, and the sea areas lying within the lines must be
sufficiently closely linked to the land domain to be subject to the régime of internal
waters.
4. Straight baselines shall not be drawn to and from low-tide elevations, unless
lighthouses or similar installations which are permanently above sea level have been
built on them or except in instances where the drawing of baselines to and from such
elevations has received general international recognition.
5. Where the method of straight baselines is applicable under the provisions of
paragraph 1 account may be taken, in determining particular baselines, of economic
interests peculiar to the region concerned, the reality and the importance of which are
clearly evidenced by a long usage.
6. The system of straight baselines may not be applied by a State in such a manner as
to cut off from the high seas or the exclusive economic zone the territorial sea of
another State.
7. The coastal State must clearly indicate straight baselines on charts, supplemented
by a list of geographical coordinates of points, deposited with the Secretary-General
of the United Nations who shall give due publicity thereto.
Article 7
1. Except as provided in Part VII, waters on the landward side of the baseline of the
territorial sea form part of the internal waters of the State.
2. Where the establishment of a straight baseline in accordance with article 6 has
the effect of enclosing as internal waters areas which previously had been considered
as part of the territorial sea, of the exclusive economic zone or of the high seas, a
right of innocent passage, as provided in these articles shall exist in those waters.
Article 8
If a river flows directly into the sea, the baseline shall be a straight line
across the mouth of the river between points on the low-tide line of its banks. The
coastal State must clearly indicate these baselines on large-scale charts deposited
with the Secretary-General of the United Nations, who shall give due publicity thereto.
Article 9
1.
This article relates only to bays the coasts of which belong to a single State.
2. For the purposes of these articles a bay is a well-marked indentation whose
penetration is in such proportion to the width of its mouth as to contain landlocked
waters and constitute more than a mere curvature of the coast. An indentation shall
not, however, be regarded as a bay unless its area is as large as, or larger than, that
of the semi-circle whose diameter is a line drawn across the mouth of that indentation.
A/CONF.62/WP.8/Part II
page 7
3. For the purpose of measurement, the area of an indentation is that lying between
the low-water mark around the shore of the indentation and a line joining the low-water
mark of its natural entrance points. Where, because of the presence of islands, an
indentation has more than one mouth, the semi-circle shall be drawn on a line as long
as the sum total of the lengths of the lines across the different mouths. Islands
within an indentation shall be included as if they were part of the water area of the
indentation.
4. If the distance between the low-water marks of the natural entrance points of a
bay does not exceed twenty-four miles a closing line may be drawn between these two
low-water marks, and the waters enclosed thereby shall be considered as internal
waters.
5. Where the distance between the low-water marks of the natural entrance points of
a bay exceeds twenty-four miles a straight baseline of twenty-four miles shall be
drawn within the bay in such a manner as to enclose the maximum area of water that is
possible with a line of that length.
6. The foregoing provisions shall not apply to so-called "historic" bays, or in any
case where the straight baseline system provided for in article 6 is applied.
Article 10
For the purpose of delimiting the territorial sea, the outermost permanent harbour
works which form an integral part of the harbour system shall be regarded as forming
part of the coast. Offshore installations and artificial islands shall not be
considered as permanent harbour works.
Article 11
Roadsteads which are normally used for the loading, unloading, and anchoring of
ships, and which would otherwise be situated wholly or partly outside the outer limit
of the territorial sea, are included in the territorial sea. The coastal State must
clearly demarcate such roadsteads and indicate them on charts together with their
boundaries, to which due publicity must be given.
Article 12
1. A low-tide elevation is a naturally formed area of land which is surrounded by and
above water at low-tide but submerged at high tide. Where a low-tide elevation is
situated wholly or partly at a distance not exceeding the breadth of the territorial
sea from the mainland or an island, the low-water line on that elevation may be used
as the baseline for measuring the breadth of the territorial sea.
2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth
of the territorial sea from the mainland or an island, it has no territorial sea of its
own.
Article 13
1. Where the coasts of two States are opposite or adjacent to each other, neither of
the two States is entitled, failing agreement between them to the contrary, to extend
its territorial sea beyond the median line every point of which is equidistant from the
nearest points on the baselines from which the breadth of the territorial seas of each
A/COMF.62/WP.8/Part II
page 8
of the two States is measured. The provisions of this paragraph shall not apply,
however, where it is necessary by reason of historic title or other special
circumstances to delimit the territorial seas of the two States in: a way which is at
variance with this provision.
2. The line of delimitation between the territorial seas of two States lying opposite
to each other or adjacent to each other shall be marked on large-scale charts officially
recognized by the coastal States.
SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA
Subsection A. Rules applicable to all ships
Article 14
Subject to the provisions of these articles, ships of all States, whether coastal
or not, shall enjoy the right of innocent passage through the territorial sea.
Article 15
1. Passage means navigation through the territorial sea for the purpose of:
(a) traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such a. roadstead or port
facility.
2.
Innocent passage includes stopping and anchoring, but only in so far as the same
are incidental to ordinary navigation or are. rendered necessary by force majeure or by
distress or for the purposes of rendering assistance to persons, ships or aircraft in
danger or distress. Passage shall otherwise be continuous and expeditious.
Article 16
1. Passage is innocent BO long as it is not prejudicial to the peace, good order or
security of the coastal State. Such passage shall take place in conformity with these
articles and with other rules of international law.
2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good
order or security of the coastal State, if in the territorial sea it engages in any of
the following activities:
(a) any threat or use of force against the territorial integrity or political
independence of the coastal State or in any other manner in violation of the Charter of
the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defence or
security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of the
coastal State;
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(e) the launching, landing, or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the embarking or disembarking of any commodity, currency or person contrary
to the customs, fiscal or sanitary regulations of the coastal State;
(h) any act of wilful pollution, contrary to the provisions of the present
Convention;
(i) the carrying on of research or survey activities of any kind;
(j) any act aimed at interfering with any systems of communication of the coastal
or any other State;
(k) any act aimed at interfering with any other facilities or installations of
the coastal State;
(1) any other activity not having a direct bearing on passage.
3. The provisions of paragraph 2 shall not apply to any activities carried out with
the prior authorization of the coastal State or in the case of any of the activities
referred to in sub-paragraphs (e) to (1), as are rendered necessary by force majeure
or distress or for the purpose of rendering assistance to persons, ships or aircraft in
danger or distress. In such cases the foreign ship shall, as appropriate, inform the
authorities of the coastal State as promptly as possible of the action taken.
4. Passage of foreign fishing vessels shall not be considered innocent if they do not
observe such laws and regulations as the coastal State may make and publish in order to
prevent these vessels from fishing in the territorial sea.
Article 17
Submarines and other underwater vehicles are required to navigate on the surface
and to show their flag, unless otherwise authorized by the coastal State.
Article 18
1. The coastal State may make laws and regulations, in conformity with the provisions
of the present Convention and other rules of international law, relating to innocent
passage through the territorial sea, in respect of all or any of the following:
(a) the safety of navigation and the regulation of marine traffic, including the
designation of sealanes and the establishment of traffic separation schemes;
(b) the protection of navigational aids and facilities and other facilities or
installations including those for the exploration and exploitation of the marine
resources of the territorial sea and the sea-bed and subsoil thereof;
(c) the protection of cables and pipelines;
(a) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries regulations of the coastal
State, including, inter alia, those relating to the stowage of gear;
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(f) the preservation of the environment of the coastal State and the prevention
of pollution thereto;
(g) research of the marine environment and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration,
quarantine or sanitary or phytosanitary regulations of the coastal State.
2. Such laws and regulations shall not apply to or affect the design, construction,
manning or equipment of foreign ships or matters regulated by generally accepted
uternational rules unless specifically authorized by such rules.
3. The coastal State shall give due publicity to all laws and regulations made by it
under the provisions of this article.
4. Foreign ships exercising the right of innocent passage through the territorial sea
shall comply with all such laws and regulations of the coastal State and shall at all
times, and particularly when using sealanes and traffic separation schemes designated
or prescribed by the coastal State under the provisions of these articles, comply with
all generally accepted international regulations relating to the prevention of
collisions at sea.
Article 19
1. A coastal State may, where it considers it necessary having regard to the density
of traffic concentration, require foreign ships exercising the right of innocent
passage through its territorial sea to use such sealanes and traffic separation schemes
as may be designated or prescribed by the coastal State for the regulation of the
passage of ships.
2. Tankers and ships carrying nuclear or other inherently dangerous or noxious
substances or materials may be required to confine their passage to such sealanes.
3. A coastal State may from time to time, after giving due: publicity thereto, modify
the traffic separation schemes or substitute other sealanes for any sealanes previously
designated by it under the provisions of this article.
4. In the designation of soalanes and the prescription of traffic separation schemes
under the provisions of this article a coastal State shall take into account:
(a) the recommendations of competent international organizations;
(b) any channels customarily used for international navigation; and
(c) the special characteristics of particular ships and channels.
5. The coastal State shall clearly demarcate all sealanes designated by it under the
provisions of this article and indicate them on charts to which due publicity shall be
given.
Article 20
Foreign nuclear-powered ships and ships transporting nuclear substances shall,
when exercising the right of innocent passage through the territorial sea, carry
documents and observe special precautionary measures established for such ships by
international agreements.
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Article 21
1. The coastal State shall not interrupt or hamper the innocent passage of foreign
ships through the territorial sea and, in particular, in the application of these
articles or of any laws or regulations made under the provisions of these articles, it
shall not:
(a) impose requirements on foreign ships which have the practical effect of
denying or prejudicing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of ar.y State or against
ships carrying cargoes to, from or on behalf of any State.
2. The coastal State is required to give appropriate publicity to any dangers to
navigation, of which it has knowledge, within its territorial sea.
Article 22
1. The coastal State may take the necessary steps in its territorial sea to prevent
passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call at a port facility
outside internal waters, the coastal State shall also have the right to take the
necessary steps to prevent any breach of the conditions to which admission of those
ships to internal waters or such a call is subject.
3. The coastal State may, without discrimination amongst foreign ships, suspend
temporarily in specified areas of its territorial sea the innocent passage of foreign
ships if such suspension is essential for the protection of its security. Such
suspension shall take effect only after having been duly published.
Article 23
1. If a ship exercising the right of innocent passage through the territorial sea
does not comply with the laws and regulations concerning navigation, it shall be liable
for any damage caused tc the coastal State, including its environment and any of its
facilities, installations or other property or to any ships flying its flag.
2. If in the application of its laws and regulations, a coastal State acts in a manner
contrary to the provisions of these articles and loss or damage results to any foreign
ship exercising the right of innocent passage through the territorial sea, the coastal
State shall compensate the owners of such ship for that loss or damage.
Subsection B. Rules applicable to merchant ships
Article 24
1. No charge may be levied upon foreign ships by reason only of their passage through
the territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial sea as
payment only for specific services rendered to the ship. These charges shall be levied
without discrimination.
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Article 25
1. The criminal jurisdiction of the coastal State should not be exercised on board
a foreign ship passing through the territorial sea to arrest any person or to conduct
any investigation in connexion with any crime committed on board the ship during its
passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good
order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the captain
of the ship or by the consular officer of the country whose flag the ship flies; or
(d) if it is necessary for the suppression of illicit traffic in narcotic drugs
and psychotropic substances.
2. The above provisions do not affect the right of the coastal State to take any
steps authorized by its laws for the purpose of an arrest or investigation on board a
foreign ship passing through the territorial sea after leaving internal waters.
3. In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the
captain so requests, advise the consular officer of the flag State before taking any
steps, and shall facilitate contact between such officer and the ship's crew. In
cases of emergency this notification may be communicated while the measures are being
taken.
4. In considering whether or how an arrest should be made, the local authorities
shall pay due regard to the interests of navigation.
5. The coastal State may not take any steps on board a foreign ship passing through
the territorial sea to arrest any person or to conduct any investigation in connexion
with any crime committed before the ship entered the territorial sea, if the ship,
proceeding from a foreign port, is only passing through the territorial sea without
entering internal waters.
Article 26
1. The coastal State should not stop or divert a foreign ship passing through the
territorial sea for the purpose of exercising civil jurisdiction in relation to a
person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the
purpose of any civil proceedings, save only in respect of obligations or liabilities
assumed or incurred by the ship itself in the course or for the purpose of its voyage
through the waters of the coastal State.
3. The provisions of the previous paragraph are without prejudice to the right of the
coastal State, in accordance with its laws, to levy execution against or to arrest, for
the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or
passing through the territorial sea after leaving internal waters.
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Subsection C. Rules applicable to government ships
(1) Government ships other than warships
Article 27
The rules contained in subsections A and B shall apply to government ships
operated for commercial purposes.
Article 28
1. The rules contained in subsection A and in article 24 shall apply to government
ships operated for non-commercial purposes.
2. With such exceptions as are contained in the provisions referred to in the
preceding paragraph, nothing in these articles affects the immunities which such ships
enjoy under these articles or other rules of international law.
(2) Warships
Article 29
1. For the purposes of the present Convention, "warship" means a ship belonging to
the armed forces of a State bearing the external marks distinguishing such ships of its
nationality, under the command of an officer duly commissioned by the Government of the
State and whose name appears in the appropriate Service list or 108 equivalent, and
manned by a crew who are under regular armed forces discipline.
2. The rules contained in subsection A shall apply to warships.
Article 30
If any warship does not comply with the laws and regulations of the coastal State
relating to passage through the territorial sea and disregards any request for
compliance which is made to it, the coastal State may require it to leave the
territorial sea by such safe and expeditious route as may be directed by the coastal
State.
Article 31
Subject to articles 29, 30 and 32, nothing in these provisions affects the
immunities which warships enjoy under these provisions or other rules of international
law.
(3) State responsibility for government ships
Article 32
If, as a result of any non-compliance by any warship or other government ship
operated for non-commercial purposes with any of the laws or regulations of the coastal
State relating to passage through the territorial sea or with any of the provisions of
these articles or other rules of international law, any damage is caused to the coastal
State, including its environment and any of its facilities, installations or other
property, or to any ships flying its flag, international responsibility shall be borne
by the flag State of the ship causing the damage.
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SECTION 4. CONTIGUOUS ZONE
Article 33
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the
coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary
regulations within its territory or territorial sea;
(b) punish infringement of the above regulations committed within its territory
or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the baseline
from which the breadth of the territorial sea is measured.
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PART II. STRAITS USED FOR INTERNATIONAL NAVIGATION
SECTION 1. GENERAL
Article 34
1. The régime of passage through straits used for international navigation
established in this part shall not in other respects affect the status of the waters
forming such straits nor the exercise by the strait State of its sovereignty or
jurisdiction over such waters and their air space, bed and subsoil.
2. The sovereignty or jurisdiction of the strait State shall be exercised subject
to the provisions of this Part and other rules of international law.
3. For the purposes of this part "strait State" means any State bordering a strait
to which these articles apply.
Article 35
Nothing in this Part shall affect:
(a) any areas of internal waters within a. strait, unless they were considered
as part of the high seas or territorial sea prior to the drawing of straight
baselines in accordance with the rules provided for in Article 6;
(b) the status of the waters beyond the territorial seas of strait States as
exclusive economic zones or kigh seas; or
(c) the legal status of straits in which passage is regulated in whole or in part
by long-standing international conventions in force specifically relating to such
straits.
Article 36
The provisions of this Part shall not apply to 8. strait used for international
navigation if a. high seas route or a. route through an exclusive economic zone
of similar convenience exists through the strait.
SECTION 2. TRANSIT PASSAGE
Article 37
The articles in this section apply to straits which are used for international
navigation between one area of the high seas or an exclusive economic zone and
another area of the high 8688 or an exclusive economic zone.
Article 38
1. In straits referred to in article 37, all ships and aircraft enjoy the right
of transit passage, which shall not be impeded, except that if the strait is formed
by an island of the strait State, transit passage shall not apply if a high seas route
or a. route in an exclusive economic zone of similar convenience exists seaward of
the island.
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2. Transit passage is the exercise in accordance with the provisions of this Part
of the freedom of navigation and overflight solely for the purpose of continuous
and expeditious transit of the strait between one area of the high aeas or an exclusive
economic zone and another area of the high seas or an exclusive economic zone.
3. The right of transit passage recognized under this article may also be exercised
for the purpose of transit to or from another strait State, subject to the conditions
of entry to that State.
4. Any activity which is not an exercise of the right of transit passage through a
strait remains subject to the other applicable provisions of the present Convention.
Article 39
1. Shipa and aircraft, while exercising the right of transit passage shall:
(a) proceed without delay through the strait;
(b) refrain from any threat or use of force against the territorial integrity
or political independence of a. strait State or in any other manner in violation of
the Charter of the United Nations;
(c) refrain from any activities other than those incident to their normal
modes of continuous and expeditious transit unless rendered necessary by force majeure
or by distress;
(a) comply with other relevant provisions of this Part.
2. Ships in transit shall:
(a) comply with generally accepted international regulations, procedures and
practices for safety at sea, including the International Regulations for Preventing
Collisions at Sea;
(b) comply with generally accepted international regulations, procedures and
practices for the prevention and control of pollution from ships.
3. Aircraft in transit shall:
(a) observe Rules cf the Air established by the International Civil Aviation
Organization as they apply to civil aircraft; State aircraft will normally comply with
such safety measures and will at all times operate with due regard for the safety of
navigation;
(b) at all times monitor the radio frequency assigned by the appropriate
internationally designated air traffic control authority or the appropriate
international distress radio frequency.
Article 40
1. In conformity with this Part, a strait State may designate sealsnes and prescribe
traffic separation schemes for navigation in the strait where necessary to promote
the safe passage of ships.
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2. A strait State may, when circumstances require, and after giving due publicity
thereto, substitute other sealanes or traffic separation schemes for any sealanes
or traffic separation schemes previously designated or prescribed by it.
3. Such seslanes or traffic separation schemes shall conform with generally accepted
international regulations referred.
4. Before designating sealanes or prescribing traffic separation schemes, a strait
State shall refer proposals to the competent international organization with a view
to their adoption. The organization may adopt only such sealenes and separation schemes
as may be agreed with the strait State, after which the strait State may designate
or prescribe them.
5. In respect of a strait where sealanes or such schemes are proposed through the
waters of two or more strait States, the States concerned shall co-operate in
formulating proposals in consultation with the organization.
6. The strait State shall clearly indicate all sealanes and separation schemes
designated or prescribed by it on charts to which due publicity shall be given.
7. Ships in transit shall respect applicable sealanes and separation schemes
established in accordance with this article.
Article 41
1. Subject to the provisions of this section, the strait State may make laws and
regulations relating to transit passage through straits, in respect of all or any of
the following:
(a) the safety of navigation and the regulation of marine traffic as provided
in article 40;
(b) the prevention of pollution, giving effect to applicable international
regulations regarding the discharge of oil, oily wastes and other noxious substances
in the strait;
(c) with respect to fishing vessels, the prevention of fishing, including the
stowage of fishing gear;
(d) the taking on board or putting overboard of any commodity, currency or person
in contravention of the customs, fiscal, immigration or sanitary regulations of the
strait State.
2. Such laws and regulations shall not discriminate in form or fact among foreign
ships, nor in their application have the practical effect of denying, hampering or
impairing the right of transit passage as defined in this Section.
3. The strait State shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of transit passage shall comply with such
laws and regulations of the strait State.
5. If a. ship or aircraft entitled to sovereign immunity acts in a manner contrary
to the provisions of this Part or laws and regulations adopted in accordance with
paragraph 1 and loss or damage results to a. strait State or other State in the vicinity
of the strait, the flag State shall be responsible for that loss or damage.
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Article 42
User States and strait States should by agreement co-operate in the establishment
and maintenance in a strait of necessary navigation and safety aids or other
improvements in aid of international navigation or for the prevention and control
of pollution from ships.
Article 43
A Strait State shall not hamper transit passage and shall give appropriate publicity
to any danger to navigation or overflight within or over the strait of which it has
knowledge. There shall be nc suspension of transit passage.
SECTION 3. INNOCENT PASSAGE
Article 44
1. The régime of innocent passage, in accordance with section 3 of Part III, shall
apply in straits used for international navigation between:
(a) one area of the high seas or an exclusive economic zone and another area of
the high seas or an exclusive economic zone, other than those straits in which
the régime of transit passage applies in accordance with section 2; or
(b) one area of the high seas or an exclusive economic zone and the territorial
sea of a foreign State.
2. There shall be no suspension of innocent passage through such straits.
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PART III. THE EXCLUSIVE ECONOMIC ZONE
Article 45
1. In an area beyond and adjacent to its territorial sea, described as the exclusive
economic zone, the coastal State has:
(a) sovereign rights for the purpose exploring and exploiting, conserving and
managing the natural resources, whether renovable or non-renewable, of the bed and
subsoil and the superjacent waters;
(b) exclusive rights and jurisdiction with regard to the establishment and use of
artificial islands, installations and structures;
(c) exclusive jurisdiction with regard to:
(i) other activities for the economic exploitation and exploration of the
zone, such as the production of energy from the water, currents and
winds; and
(ii) scientific research;
(d) jurisdiction with regard to the preservation of the marine environment,
including pollution control and abatement;
(e) other rights and duties provided for in the present Convention.
2. In exercising its rights and performing its duties under the present Convention in
the exclusive economic zone, the coastal State shall have due regard to the rights and
duties of other States.
3. The rights set out in this article shall be without prejudice to the provisions
of Part IV.
Article 46
The exclusive economic zone shall not extend beyond 200 nautical miles from the
baseline from which the breadth of the Cerr-torial sea is measured.
Article 47
1. All States, whether coastal or land-locked, shall, subject to the relevant
provisions of the present Convention, enjoy in the exclusive economic zone the freedoms
of navigation and overflight and of the laying of submarine cables and pipelines and
other internationally lawful uses of the sea related to navigation and communication.
2. The provisions of articles 74, 76 to 97 and 100 to 102 and other pertinent rules
of international law shall apply to the exclusive economic zone in so far as they are
not incompatible with the provisions of this Part.
3. In cases where the present Convention does not attribute rights or jurisdiction
to the coastal State or to other States within the exclusive economic zone, and a
conflict arises between the interests of the coastal State and any other State or
States, the conflict should be resolved on the basis of equity and in the light of
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all the relevant circumstances, taking into account the respective importance of the
interests involved to the parties as well as to the international community as a whole.
4. In exercising their rights and performing their duties under the present
Convention in the exclusive economic zone, States shall have due regard to the rights
and duties of the coastal State and shall comply with the laws and regulations enacted
by the coastal State in conformity with the provisions of this Part and other rules of
international law.
Article 48
1, In the exclusive economic zone, the coastal State shall have the exclusive right
to construct and to authorize and regulate the construction, operation and use of:
(a) artificial islands;
(b) installations and structures for the purposes provided for in article 45 and
other economic purposes;
(c) installations and structures which may interfere with the exercise of the
rights of the coastal State in the zone.
2. The coastal State shall have exclusive jurisdiction over such artificial islands,
installations and structures including jurisdiction with regard to customs, fiscal,
health, safety and immigration regulations.
3. Due notice must be given of the construction of such artificial islands,
installations or structures, and permanent means for giving warning of their presence
must be maintained. Any installations or structures which are abandoned or disused
must be entirely removed.
4. The coastal State may, where necessary, establish reasonable safety zones around
such artificial islands, installations and structures in which it may take appropriate
measures to ensure the safety both of navigation and of the artificial islands,
installations and structures.
5. The breadth of the safety zones shall be determined by the coastal State, taking
into account applicable international standards. Such zones shall be designed to
ensure that they are reasonably related to the nature and function of the artificial
islands, installations or structures, and shall not exceed a distance of 500 metres
around them measured from each point of their outer edge, except as authorized by
generally accepted international standards or as recommended by the appropriate
international organizations.
6. Ships of all nationalities must respect these safety zones and shall comply with
generally accepted international standards regarding navigation in the vicinity of
artificial islands, installations, structures, and safety zones. Due notice shall be
given of the extent of safety zones.
7. Artificial islands, installations and structures and the safety zones around them
may not be established where interference may be caused to the use of recognized
sealanes essential to international navigation.
8. Artificial islands, installations and structures shall have no territorial sea of
their own and their presence does not affect the delimitation of the territorial sea or
of other zones of coastal State jurisdiction or of the continental shelf.
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Article 49
The consent of the coastal State shall be obtained in respect of any research
concerning the exclusive economic zone and undertaken there. Nevertheless, the coastal
State shall not normally withhold its consent if the request is submitted by a qualified
institution with a view to purely scientific research, subject to the proviso that the
coastal State shall have the right, if it so desires, to participate or to be represented
in the research, and that the results shall be published after consultation with the
coastal State concerned.
Article 50
1. The coastal State shall determine the allowable catch of the living resources in
its exclusive economic zone.
2. The coastal State, taking into account the best evidence available to it, shall
ensure through proper conservation and management measures that the maintenance of the
living resources in the exclusive economic zone is not endangered by over-exploitation.
As appropriate, the coastal State and relevant subregional, regional and global
organizations shall co-operate to this end.
3. Such measures shall also be designed to maintain or restore populations of
harvested species at levels which can produce the maximum sustainable yield, as
qualified by relevant environmental and economic factors, including the economic needs
of coastal fishing communities and the special requirements of developing countries,
and taking into account fishing patterns, the interdependence of stocks and any generally
recommended subregional, regional or global minimum standards.
4. In establishing such measures the coastal State shall take into consideration the
effects on species associated with or dependent upon harvested species with a view. to
maintaining or restoring populations of such associated or dependent species above
levels at which their reproduction may become seriously threatened.
5. Available scientific information, catch and fishing efforts statistics, and
other data relevant to the conservation of fish stocks shall be contributed and
exchanged on a regular basis through subregional, regional and global organizations
where appropriate and with participation by all States concerned, including States
whose nationals are allowed to fish in the exclusive economic zone.
Article 51
1. The coastal State shall promote the objective of optimum utilization of the living
resources in the exclusive economic zone without prejudice to the provisions of
article 50.
2. The coastal State shall determine its capacity to harvest the living resources of
the exclusive economic zone. Where the coastal State does not have the capacity to
harvest the entire allowable catch, it shall, through agreements or other arrangements
and pursuant to the terms, conditions and regulations referred to in paragraph 4, give
other States access to the surplus of the allowable catch.
3. In granting access to other States to its exclusive economic zone under this
article, the coastal State shall take into account all relevant factors, including,
inter alia, the significance of the renewable resources of the area to the economy of
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the coastal State concerned and its other national interests, the provisions of articles
57 and 58, the requirements of developing countries in the subregion or region in
harvesting part of the surplus and the need to minimize economic dislocation in States
whose nationals have habitually fished in the zone or which have made substantial efforts
in research and identification of stocks.
Nationals of other States fishing in the exclusive economic zone shall comply with
the conservation measures and with the other terms and conditions established in the
regulations of the coastal State. These regulations shall be consistent with the
provisions of the present Convention and may relate, inter alia, to the following:
(a) licensing of fishermen, fishing vessels and equipment, including payment of
fees and other forms of remuneration, which, in the case of developing coastal States,
may consist of adequate compensation in the field of financing, equipment and
technology relating to the fishing industry;
(b) determining the species which may be caught, and fixing quotas of catch,
whether in relation to particular stocks or groups of stocks or catch per vessel over
a period of time or to the catch by nationals of any State during a specified period;
(c) regulating seasons and areas of fishing, the types, sizes and amount of gear,
and the numbers, sizes and types of fishing vessels that may be used;
(d) fixing the age and size of fish and other species that may be caught;
(e) specifying information required of fishing vessels, including catch and
efforts statistics and vessel position reports;
(f) requiring, under the authorization and control of the coastal State, the
conduct of specified fisheries research programmes and regulating the conduct of such
research, including the sampling of catches, disposition of samples and reporting of
associated scientific data;
(g) the placing of observers or trainees on board such vessels by the coastal
State;
(h) the landing of all or any part of the catch by such vessels in the ports of
the coastal State;
(i) terms and conditions relating to joint ventures or other co-operative
arrangements;
(j) requirements for training personnel and transfer of fisheries technology
including enhancement of the coastal State's capability of undertaking fisheries
research;
(k) enforcement procedures.
5.
Coastal States shall give due notice of conservation and management regulations.
Article 52
1. Where the same stock or stocks of associated species occur within the exclusive
economic zones of two or more coastal States, these States shall seek either directly
or through appropriate subregional or regional organizations to agree upon the measures
necessary to co-ordinate and ensure the conservation and development of much stocks
without prejudice to the other provisions of this Part.
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2. Where the same stock or stocks of associated species occur both within the
exclusive economic zone and in an area beyond and adjacent to the zone, the coastal
State and the States fishing for such stocks in the adjacent area shall seek either
directly or through appropriate subregional or regional organizations to agree upon the
measures necessary for the conservation of these stocks in the adjacent area.
Article 53
1. The provisions of paragraph 2 shall apply, in addition to the other provisions
of this Part, to the regulation by the coastal State in its exclusive economic zone of
fishing for the highly migratory species listed in the annex.
2. The coastal State and other States whose nationals fish highly migratory species
in the region shall co-operate directly or through appropriate international
organizations with a view to ensuring conservation and promoting the objective of
optimum utilization of such species throughout the region, both within and beyond the
exclusive economic zcne. In regions where no appropriate international organization
exists, the coastal State and other States whose nationals harvest these species in
the region shall co-operate to establish such an organization and participate in its
work.
3. Nothing in the present Convention shall restrict the right of a coastal State or
international organization, as appropriate, to prohibit, regulate and limit the
exploitation of marine mammals. States shall co-operate either directly or through
appropriate international organizations with a view to the protection and management
of marine mammals.
Article 54
1. Coastal States in whose rivers anadromous stocks originate shall have the primary
interest in and responsibility for such stocks.
2. The State of origin of anadromous stocks shall ensure their conservation by the
establishment of appropriate regulatory measures for fishing in all waters within its
exclusive economic zone and for fishing provided for in paragraph 3 (b). The State of
origin may, after consultation with other States fishing these stocks, establish total
allowable catches for stocks originating in its rivers.
3. (a) Fisheries for anadromous stocks shall be conducted only in the waters within
exclusive economic zones, except in cases where this provision would result in economic
dislocation for a State other than the State of origin.
(b) The State of origin shall co-operate in minimizing economic dislocation in
such other States fishing these stocks, taking into account the normal catch and the
mode of operations of such States, and all the areas in which such fishing has
occurred.
(c) States referred to in sub-paragraph (b), participating by agreement with the
State of origin in measures to renew anadromous stocks, particularly by expenditures
for that purpose, shall be given special consideration by the State of origin in the
harvesting of stocks originating in its rivers.
(d) Enforcement of regulations regarding anadromous stocks beyond the exclusive
economic zone shall be by agreement between the State of origin and the other States
concerned.
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4. In cases where anadromous stocks migrate into or through the waters within the
exclusive economic zone of a State other than the State of origin, such State shall
co-operate with the State of origin with regard to the conservation and management of
such stocks.
5. The State of origin of anadromous stocks and other States fishing these stocks
shall make arrangements for the implementation of the provisions of this article, where
appropriate, through regional organizations,
Article 55
1. A coastal State in whose waters catadromous species spend the greater part of
their life cycle shall have responsibility for the management of these species and
shall ensure the ingress and egress of migrating fish.
2. Harvesting of catadromous species shall be conducted only in waters in respect
of which the State mentioned in paragraph 1 exercises sovereign rights over the
living resources and, when conducted in the exclusive economic zone, shall be subject
to the provisions of the present Convention concerning fishing in the zone.
3. In cases where catadromous fish migrate through the waters of another State or
States, whether as juvenile or maturing fish, the management of such fish shall be
regulated by agreement between the State mentioned in paragraph 1 and the State or
States concerned. Such agreement shall ensure the rational management of the species
and take into account the responsibilities of the State mentioned in paragraph 1 for
the maintenance of these species.
Article 56
The provisions of this Part shall not apply to sedentary species as defined in
article 63, paragraph 4.
Article 57
1. Land-locked States shall have the right to participate in the exploitation of the
living resources of the exclusive economic zones of adjoining coastal States on an
equitable basis, taking into account the relevant economic and geographic circumstances
of all the States concerned. The terms and conditions of such participation shall be
determined by the States concerned through bilateral, subregional or regional
agreements. Developed land-locked States shall, however, be entitled to exercise their.
rights only within the exclusive economic zones of neighbouring developed coastal
States.
2. The provisions of this article are without prejudice to the provisions of articles
50 and 51.
Article 58
1. Developing coastal States which are situated in a subregion or region whose
recgraphical peculiarities make such States particularly dependent for the satisfaction
of the nutritional needs of their populations upon the exploitation of the living
resources in the economic zones of their neighbouring States and developing coastal
States which can claim no exclusive economic zones of their own shall have the right
to participate, on an equitable basis, in the exploitation of living resources in the
exclusive economic zones of other States in a subregion or region.
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2. The terms and conditions of such participation shall be determined by the States
concerned through bilateral, subregional or regional agreements, taking into account the
relevant economic and geographic circumstances of all the States concerned, including
the need to avoid effects detrimental to the fishing communities or to the fishing
industries of the States in whose zones the right of participation is exercised.
3. The provisions of this article are without prejudice to the provisions of
articles 50 and 51.
Article 59
Rights granted under the provisions of articles 57 and 58 to exploit living
resources cannot without the express consent of the coastal State be transferred to
third States or their nationals by lease or licence, by establishing joint
collaboration ventures or by any other arrangements.
Article 60
1. The coastal State may, in the exercise of its sovereign rights to explore,
exploit, conserve and manage the living resources in the exclusive economic zone,
take such measures, including boarding, inspection, arrest and judicial proceedings,
as may be necessary to ensure compliance with the laws and regulations enacted by it in
conformity with the provisions of the present Convention.
2. Arrested vessels and their crew shall be promptly released upon the posting of
reasonable bond or other security.
3. Coastal State penalties for violations of fisheries regulations in the exclusive
economic zone may not include imprisonment, in the absence of agreement to the
contrary by the States concerned, or any other form of corporal punishment.
4. In cases of arrest or detention of foreign vessels the coastal State shall
promptly notify, through appropriate channels, the State of registry of the action
taken and of any penalties subsequently imposed.
Article 61
1. The delimitation of the exclusive economic zone between adjacent or opposite
States shall be effected by agreement in accordance with equitable principles, employing,
where appropriate, the median or equidistance line, and taking account of all the
relevant circumstances.
2. If no agreement can be reached within a reasonable period of time, the States
concerned shall resort to the procedures provided for in Part
(settlement of
disputes).
3. Pending agreement, no State is entitled to extend its exclusive economic zone
beyond the median line or the equidistance line.
4. For the purposes of this article, "median line" means the line every point of which
is equidistant from the nearest points of the baselines from which the breadth of the
territorial sea of each State is measured.
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5. In delimiting the boundaries of the exclusive economic zone, any lines which are
drawn in accordance with the provisions of this article should be defined with reference
to charts and geographical features as they exist at a particular date, and reference
should be made to fixed permanent identifiable points on the land.
6. Where there is an agreement in force between the States concerned, questions
relating to the delimitation of the exclusive economic zone shall be determined in
accordance with the provisions of that agreement.
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PART IV. CONTINENTAL SHELF
Article 62
The continental shelf of a coastal State comprises the seabed and subsoil of
the submarine areas that extend beyond its territorial sea throughout the natural
prolongation of its land territory to the outer edge of the continental margin, or
to a distance of 200 nautical miles from The baselines from which the breadth of
the territorial sea is measured where the outer edge of the continental margin does
not extend up to that distance.
Article 63
1. The coastal State exercises over the continental shelf sovereign rights for the
purpose of exploring it and exploiting its natural resources.
2. The rights referred to in paragraph 1 are exclusive in the sense that if the
coastal State does not explore the continental shelf or exploit its natural resources,
no one may undertake these activities without the express consent of the coastal State.
3. The righte of the coastal State over the continental shelf do not depend on
occupation, effective or notional; or on any express proclamation.
4. The natural resources referred to in these articles consist of the mineral and
other non-living resources of the sea-bed and subsoil together with living organisms
belonging to sedentary species, that is to say, organism which, at the harvestable
stage, either are immobile on or under the sea-bed or are unable to move except
in constant physical contact with the sea-bed or the subsoil.
Article 64
The rights of the coastal State over the continental shelf do not affect the
legal status of the superjacent waters or the air space above those waters.
Article 65
1. All States shall be entitled to lay submarine cables and pipelines on the
continental shelf.
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 of
pollution from pipelines, the coastal State may not impede the laying or maintenance
of such cables or pipelines.
3. The delineation of the course for the laying of such pipelines on the continental
shelf is subject to the consent of 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 territorial sea, or
its jurisdiction over cables and pipelines constructed or used in connexion with the
exploration of its continental shelf or exploitation of its resources or the
operations of artificial islands, installations and structures under its jurisdiction.
5. When laying submarine cables or pipelines, States shall pay due regard to cables
or pipelines already in position. In particular possibilities of repairing existing
cables or pipelines shall not be prejudiced.
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Article 66
The provisions of article 48 shall apply mutatis mutandis to artificial islands,
installations and structures on the continental shelf.
Article 67
The coastal State shall have the exclusive right to authorize and regulate
drilling on the continental shelf for all purposes.
Article 68
The coastal State shall, with respect to the artificial islands, installations
and structures and sea-bed activities subject to its jurisdiction, take appropriate
measures for the protection of the marine environment from pollution, and ensure
compliance with appropriate minimum international requirements provided for in Part
(preservation of the marine environment) and with other applicable international
standards.
Article 69
1. The coastal State shall make payments or contributions in kind in respect of the
exploitation of the non-living resources of the continental shelf beyond 200 nautical
miles from the baselines from which the breadth of the territorial sea is measured.
2. The rate of payment or contribution shall be x% of the value or volume of
production at the site. Production does not include resources used in connexion with
exploitation.
3. The International Authority shall determine the extent to which developing
countries shall be obliged to make payments or contributions provided for in
paragraphs 1 and 2.
4. The payments or contributions provided for in paragraphs 1 and 2 shall be made
to the International Authority on terms and procedures to be agreed upon with the
Authority in each case. The International Authority shall distribute these payments
and contributions on the basis of equitabl ; sharing criteria, taking into account
the interests and needs of developing countries.
Article 70
1. The delimitation of the continental shelf between adjacent or opposite States
shall be effected by agreement in accordance with equitable principles, employing,
where appropriate, the median or equidistance line, and taking account of all the
relevant circumstances.
2. If no agreement can be reached within a reasonable period of time, the States
concerned shall resort to the procedures provided for in Part (settlement of
disputes).
3. Pending agreement, no State is entitled to extend its exclusive economic zone
beyond the median line or the equidistance line.
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4. For the purposes of this article, "median line" means the line every point of
which is equidistant from the nearest points of the baselines from which the breadth
of the territorial sea of each State is measured.
5.
In delimiting the boundaries of the continental shelf, any lines which are drawn
in accordance with the provisions of this article should be defined with reference
to charts and geographical features as they exist at a particular date, and reference
should be made to fixed permanent identifiable points on the land.
6. Where there is an agreement in force between the States concerned, questions
relating to the delimitation of the exclusive economic zone shall be determined in
accordance with the provisions of that agreement.
Article 71
The provisions of article 49 shall apply mutatis mutandis to research concerning
the continental shelf and undertaken there.
Article 72
The provisions of this Part shall not prejudice the right of the coastal State
to exploit the subsoil by means of tunnelling irrespective of the depth of water
above the subsoil.
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PART V. HIGH SEAS
SECTION 1. GENERAL
Article 73
The term "high seas" as used in the present Convention means all parts of the
sea that are not included in the exclusive economic zone, in the territorial sea or in
the internal waters of a State, or in the archipelagic waters of an archipelagic State.
Article 74
The high seas shall be open to all States, whether coastal or landlocked, and
their use shall be reserved for peaceful purposes.
Article 75
1. The high seas being open to all nations, no State may validly purport to subject
any part of them to its sovereignty. Freedom of the high seas is exercised under the
conditions laid down by these articles and by other rules of international law.
It comprises, inter alia, both for coastal and non-coastal States:
(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines, subject to the provisions.
of Part IV;
(d) freedom to construct artificial islands and other installations permitted
under international law. subject to the provisions of Part IV;
(e) freedom of fishing, subject to the conditions laid down in section 2;
(f) freedom of scientific research, subject to the provisions of Farts IV
and
(scientific research).
2. These freedoms shall be exercised by all States, with due consideration for the
interests of other States in their exercise of the freedom of the high seas.
Article 76
Every State, whether coastal or not, has the right to sail ships under its flag
on the high seas.
Article 77
1. Each State shall fix the conditions for the grant of its nationality to ships, for
the registration of ships in its territory, and for the right to fly its flag. Ships
have the nationality of the State whose flag they are entitled to fly. There must
exist a genuine link between the State and the ship.
2. Each State shall issue to ships to which it has granted the right to fly its
flag documents to that effect.
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Article 78
1. Ships shall sail under the flag of one State only and, save in exceptional cases
expressly provided for in international treaties or in these articles, shall be
subject to its exclusive jurisdiction on the high seas. A ship may not change its
flag during a voyage or while in a port of call, save in the case of a real transfer
of ownership or change of registry.
2. A ship which sails under the flags of two or more States, using them according to
convenience, may not claim any of the nationalities in question with respect to any
other State, and may be assimilated to a ship without nationality.
Article 79
The provisions of the preceding articles do not prejudice the question of ships
employed on the official service of the United Nations, its specialized agencies or
the International Atomic Energy Agency flying the flag of the organization.
Article 80
1. Every State shall effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag.
2.
In particular every State shall:
(a) maintain a register of shipping containing the names and particulars of
ships flying its flag, except those which are excluded from generally accepted
international regulations on account of their small size; and
(b) assume jurisdiction under its municipal law over each ship flying its flag
and its master, officers and crew in respect of administrative, technical and social
matters concerning the ship.
3. Every State shall take such measures for ships under its flag as are necessary
to ensure safety at sea with regard, inter alia, to:
(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of crews, taking
into account the applicable international labour instruments;
(c) the use of signals, the maintenance of communications and the prevention
of collisions.
4. Such measures shall include those necessary to ensure:
(a) that each ship, before registration and thereafter at appropriate intervals,
is surveyed by a qualified surveyor of ships, and has on board such charts, nautical
publications and navigational equipment and instruments as are appropriate for the
safe navigation of the ship;
(b) that each ship is in the charge of a master and officers who possess
appropriate qualifications, in particular in seamanship, navigation, communications
and marine engineering, and that the crew is appropriate in qualification and numbers
for the type, size, machinery and equipment of the ship;
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(c) that the master, officers and, to the extent appropriate, the crew are
fully conversant with and required to observe the applicable international regulations
concerning the safety of life at sea, the prevention of collisions, the prevention and
control of marine pollution, and the maintenance of communications by radio.
5. In taking the measures called for by paragraphs 3 and 4 each State is required to
conform to generally accepted international regulations, procedures and practices and
to take any steps which may be necessary to secure their observance.
6. A State which has clear grounds to believe that proper jurisdiction and control
with respect to a ship have not been exercised may report the facts to the flag State.
Upon receiving such a report, the flag State. shall investigate the matter, and if
appropriate, take any action necessary to remedy the situation.
7. Each State shall cause an inquiry to be held by or before a suitably qualified
person or persons into every marine casualty or incident of navigation on the high
seas involving a ship flying its flag and causing loss of life or serious injury to
nationals of another State or serious damage to shipping or installations of another
State or to the marine environment. The flag State and the other State shall
co-operate in the conduct of any inquiry held by that other State into any such
marine casualty or incident of navigation.
Article 81
Warships on the high seas have complete immunity from the jurisdiction of any
State other than the flag State.
Article 82
Ships owned or operated by a State and used only on government non-commercial
service shall, on the high seas, have complete immunity from the jurisdiction of any
State other than the flag State.
Article 83
1. In the event of a collision or any other incident of navigation concerning a
ship on the high seas, involving the penal or disciplinary responsibility of the
master or of any other person in the service of the ship, no penal or disciplinary
proceedings may be instituted against such persons except before the judicial or
administrative authorities either of the flag State or of the State of which such
person is a national.
2. In disciplinary matters, the State which has issued a master's certificate or a
certificate of competerce or licence shall alone be competent, after due legal
process, to pronounce the withdrawal of such certificates, even if the holder is not
a national of the State which issued them.
3. No arrest or detention of the ship, even as a measure of investigation, shall be
ordered by any authorities other than those of the flag State.
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Article 84
1. Every State shall require the master of a ship sailing under its flag, in so far
as he can do so without serious danger to the ship, the crew or the passengers:
(a) to render assistance to any person found at sea in danger of being lost;
(b) to proceed with all possible speed to the rescue of persons in distress
if informed of their need of assistance, in 80 far as such action may reasonably be
expected of him;
(c) after a collision, to render assistance to the other ship, its crew and
its passengers and, where possible, to inform the other ship of the name of his own
ship, its port of registry and the nearest port at which it will call.
2. Every coastal State shall promote the establishment, operation and maintenance
of an adequate and offective search and rescue service regarding safety on and over the
sea and, where circumstances so require, by way of mutual regional arrangements
co-operate with neighbouring States for this purpose.
Article 85
Every State shall adopt effective measures to prevent and punish the transport
of slaves in ships authorized to fly its flag, and to prevent the unlawful use of
its flag for that purpose. Any slave taking refuge on board any ship, whatever its
flag, shall, ipso facto, be free.
Article 86
All States shall co-operate to the fullest possible extent in the repression of
piracy on the high seas or in any other place outside the jurisdiction of any State.
Article 87
Piracy consists of any of the following acts:
(a) any illegal acts of violence, detention or any act of depredation, committed
for private ends by the crew or the passengers of a private ship or a private aircraft,
and directed:
(i) on the high seas, against another ship or aircraft, or against
persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside
the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an
aircraft with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in
sub-paragraphs (a) and (b).
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Article 88
The acts of piracy, as defined in article 87, committed by a warship, government
ship or government aircraft whose crew has mutinied and taken control of the ship or
aircraft are assimilated to acts committed by a private ship.
Article 89
A ship or airciaft is considered a pilate ship or aircraft if it is intended by
the persons in dominant control to be used for the purpose of committing one of the
acts referred to in article 87. The same applies if the ship or aircraft has been
used to commit any such act, so long as it remains under the control of the persons
guilty of that act.
Article 90
A ship or aircraft may retain its nationality although it has become a pirate ship
or aircraft, The retention or loss of nationality is determined by the law of the
State from which such nationality was derived.
Article 91
On the high seas, or in any other place outside the jurisdiction of any State,
every State may seize a pirate ship or aircraft, or a ship taken by piracy and under
the control of pirates, and arrest the persons and seize the property on board.
The courts of the State which carried out the seizure may decide upon the penalties
to be imposed, and may also determine the action to be taken with regard to the ships,
aircraft or property, subject to the rights of third parties acting in good faith.
Article 92
Where the seizure of a ship or aircraft on suspicion of piracy has been effected
without adequate grounds, the State making the-seizure shall be liable to the State
the nationality of which is possessed by the ship or aircraft, for any loss or damage
caused by the seizure.
Arti le 93
A seizure on account of piracy may only be carried out by warships or military
aircraft, or other ships or aircraft clearly marked and identifiable as being on
government service and authorized to that effect.
Article 94
1. All States shall co-operate in the suppression of illicit traffic in narcotic
drugs and psychotropic substances by shirs on the high seas contrary to international
conventions.
2. Any State which has reasonable grounds for believing that a vessel flying its
flag is engaged in illicit traffic in narcotic drugs and psychotropic substances,
may request the co-operation of other States to suppress such traffic.
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Article 95
1. All States shall co-operate in the suppression of unauthorized broadcasting from
the high seas.
2. Any person engaged in unauthorized broadcasting from the high seas may be
proseculed before the court of the flag State of the vessel, the place of registry of
the installation, the State of which the person is a national, any place where the
transmissions can be received or any State where authorized radio communication is
suffering interference.
3. On the high seas, a State having jurisdiction in accordance with paragraph 2 may,
in conformity with article 96, arrest any person or ship engaged in unauthorized
broadcasting and seize the broadcasting apparatus.
4. For the purpose of the present Convention, "unauthorized broadcasting" means
the transmission of sound radio or television broadcasts from a ship or installation
on the high seas intended for reception by the general public contrary to
international regulations, but excluding the transmission of distress calls.
Article 96
1. Except where acts of interference derive from powers conferred by treaty, a
warship which encounters on the high seas a foreign ship, other than a ship entitled
to complete immunity in accordance with articles 81 and 82, is not justified in
boarding her unless there is reasonable ground for suspecting:
(a) that the ship is engaged in piracy;
(b) that the ship is engaged in the slave trade;
(c) that, subject to article 95, the ship is engaged in unauthorized
broadcasting;
(d) that the ship is without nationality; or
(e) that, though flying a foreign flag or refusing to show its flag, the
ship is, in reality, of the same nationality as the warship.
2. In the cases provided for in paragraph 1, the warship may proceed to verify the
ship's right to fly its flag. To this end, it may send a boat under the command of
an officer to the suspected ship. If suspicion remains after the documents have been
checked, it may proceed to a further examination on board the ship, which must be
carried out with all possible consideration.
3. If the suspicions prove to be unfounded, and provided that the ship boarded has
not committed any act justifying them, it shall be compensated for any loss or damage
that may have been sustained.
4. These provisions shall apply mutatis mutandis to military aircraft.
5. These provisions shall also apply to any other duly authorized ships or aircraft
clearly marked and identifiable as being on government service.
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Article 97
1.
The hot pursuit of a foreign ship may be undertaken when the competent authorities
of the coastal State have good reason to believe that the ship has violated the laws
and regulations of that State. Such pursuit must be commenced when the foreign ship
or one of its boats is within the internal waters or the territorial sea or the
contiguous zone of the pursuing State, and may only be continued outside the
territorial sea or the contiguous zone if the pursuit has not been interrupted. It
is not necessary that, at the time when the foreign ship within the territorial sea or
the contiguous zone receives the order to stop, the ship giving the order should
likewise be within the territorial sea or the contiguous zone. If the foreign ship
is within a contiguous zone, as defined in article 33, the pursuit may only be
undertaken if there has been a violation of the rights for the protection of which the
zone was established.
2. exclusive economic zone or on the continental shelf, including safety zones around
The right of hot pursuit shall apply mutatis mutandis to violations in the
continental shelf installations, of the laws and regulations of the coastal State
applicable in accordance with the present Convention to the exclusive economic zone
or the continental shelf, including such safety zones.
3. The right of hot pursuit ceases as soon as the ship pursued enters the territorial
sea of its own country or of a third State.
4. Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied
itself by such practicable means as may be available that the ship pursued or one of
its boats or other craft working as a team and using the ship pursued as a mother ship
are within the limits of the territorial sea, or as the case may be within the
contiguous zone or the exclusive economic zone or above the continental shelf. The
pursuit may only be commenced after a visual or auditory signal to stop has been given
at a distance which enables it to be seen or heard by the foreign ship.
5. The right of hot pursuit may be exercised only by warships or military aircraft,
or other ships or aircreft clearly marked and identifiable as being on government
service and specially authorized to that effect.
6.
Where hot pursuit is effected by an aircraft:
(a) the provisions of paragraphs 1 to 4 shall apply mutatis. mutandis;
(b) the aircraft giving the order to stop must itself actively pursue the
ship until a ship or aircraft of the coastal State, summoned by the aircraft, arrives
to take over the pursuit, unless the aircraft is itself able to arrest the ship.
It does not suffice to justify an arrest outside the territorial sea that the ship was
merely sighted by the aircraft as an offender or suspected offender, if it was not both
ordered to stop and pursued by the aircraft itself or other aircraft or ships which
continue the pursuit without interruption.
7. a port of that State for the purposes of an inquiry before the, competent authorities
The release of a ship arrested within the jurisdiction of a State and escorted to
may not be claimed solely on the ground that. the ship, in the course of its voyage,
was escorted across a portion of the exclusive economic zone or the high seas, if the
circumstances rendered this necessary.
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8. Where a ship has been stopped or arrested outside the territorial sea in
circumstances which do not justify the exercise of the rights of hot pursuit, it shall
be compensated for any loss or damage that may. have been thereby sustained.
Article 98
Every State shall comply with the provisions of Part
(preservation of the
marine environment).
Article 99
1. All States shall be entitled to lay submarine cables and pipelines on the bed of
the high seas beyond the continental shelf.
2.
The provisions of article 65, paragraph 5, shall apply to such cables and pipelines.
Article 100
Every State shall take the necessary legislative measures to provide that the
breaking or injury by a ship flying its flag or by a person subject to its jurisdiction
of a submarine cable beneath the high seas done wilfully or through culpable
negligence, in such a manner as to be liable to interrupt or obstruct telegraphic or
telephonic communications, and similarly the breaking or injury of a submarine pipeline
or high-voltage power cable shall be a punishable offence. This provision shall apply
also to conduct calculated or likely to result in such breaking or injury. However,
it shall not apply to any break or injury caused by persons who acted merely with the
legitimate object of saving their lives or their ships, after having taken all
necessary precautions to avoid such break or injury.
Article 101
Every State shall take the necessary legislative measures to provide that, if
persons subject to its jurisdiction who are the owners of a cable cr pipeline beneath
the high seas, in laying or repairing that cable or pipeline, cause a break in or
injury to another cable or pipeline, they shall bear the cost of the repairs.
Article 102
Every State shall take the necessary legislative measures to ensure that the
owners of ships who can prove that they have sacrificed an anchor, a net or any other
fishing gear, in order to avoid injuring a submarine cable or pipeline, shall be
indemnified by the owner of the cable or pipeline, provided that the owner of the ship
has taken all reasonable precautionary measures beforehand.
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SECTION 2. MANAGEMENT AND CONSERVATION OF THE LIVING RESOURCES
Article 103
All States have the right for their nationals to engage in fishing on the high
seas subject to:
(a) their treaty obligations;
(b) the rights and duties as well as the interests of coastal States provided
for, inter alia, in article 52, paragraph 2, and articles 53 and 54; and
(c) the provisions of this section.
Article 104
All States have the duty to adopt, or to co-operate with other States in adopting,
such measures for their respective nationals as may be necessary for the conservation
of the living resources of the high seas.
Article 105
States shall co-operate with each other in the management and conservation of
living resources in the areas of the high seas. States whose nationals exploit
identical resources, or different resources in the same area, shall enter into
negotiations with a view to adopting the means necessary for the conservation of the
living resources concerned. They shall, as appropriate, co-operate to establish
subregional or regional fisheries organizations to this end.
Article 106
1. In determining the allowable catch and establishing other conservation measures
for the living resources in the high seas, States shall:
(a) adopt measures which are designed, on the best evidence available to
the States concerned, to maintain or restore populations of harvested species at
levels which can produce the maximum sustainable yield, as qualified by relevant
environmental and economic factors, including the special requirements of developing
countries, and taking into account fishing patterns, the interdependence of stocks and
any generally recommended subregional, regional or global minimum standards;
(b) take into consideration the effects on species associated with or dependent
upon harvested species with a view to maintaining or restoring populations of such
associated or dependent species above levels at which their reproduction may become
seriously threatened.
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2. Available scientific information, catch and fishing statistics, and other data
relevant to the conservation of fish stocks shall be contributed and exchanged on a
regular basis through subregional, regional and global organizations where appropriate
and with participation by all States concerned.
3. States concerned shall ensure that conservation measures and their implementation
do not discriminate in form or in fact against the fishermen of any State.
Article 107
The provisions of article 53, paragraph 3 shall also apply to the conservation
and management of marine mammals in the high seas.
A/CONF.62/WP.8/Part II
page 40
PART VI. LAND-LOCKED STATES
Article 108
1.
For the purposes of the present Convention:
(a) "land-locked State" means a State which has no seacoast;
between a land-locked State and the sea through whose territory "traffic in transit"
(b) "transit State" means & State, with or without a seacoast, situated
passes;
(c) "traffic in transit" means transit of persons, baggage, goods and means
of transport across the territory of one or more transit States, when the passage
across such territory, with 0: without trans-shipment, warehousing, breaking bulk
or change in the mode of transport is only a portion of a complete journey which
begins or terminates within the territory of the land-locked State;
(d) "means of transport" means:
(i) railway rolling stock, sea and river craft and road vehicles;
(ii) where local conditions so require, porters and pack animals.
Land-locked States and transit States may, by agreement between them, include as
means 2. of transport pipelines and gas lines and means of transport other than those
included in paragraph 2.
Article 109
1. Land-locked States shall have the right of access to and from the sea for the
purpose of exercising the rights provided for in the present Convention including
those relating to the freedom of the high seas and the principle of the common heritage
of mankind. To this end, land-locked States shall enjoy freedom of transit through
the territories of transit States by all means of transport.
The terms and conditions for exercising freedom of transit shall be agreed between
2. the land-locked States and the transit States concerned through bilateral, subregional
or regional agreements, in accordance with the provisions of the present Convention.
3. shall have the right to take all measures to ensure that the rights provided for in
Transit States, in the exercise of their full sovereignty over their territory,
this Part for land-locked States shall in no way infringe their legitimate interests.
Article 110
Provisions of the present Convention, as well as special agreements which
regulate the exercise of the right of access to and from the sea, establishing rights
and facilities on account of the special geographical position of land-locked States,
are excluded from the application of the most-favoured-nation clause.
A/CONF.62/WP.8/Part II
page 41
Article 111
1. Traffic in transit shall not be subject to any customs duties, taxes or other
charges except charges levied for specific services rendered in connexion with such
traffic.
2. Means of transport in transit used by land-locked States shall not be subject to
taxes, tariffs or charges higher than thos = levied for the u: e of means of transport
of the transit State.
Article 112
For the convenience of traffic in transit, free zones or other customs facilities
may be provided at the ports of entry and exit in the transit States, by agreement
between those States and the land-locked States.
Article 113
Where there are no means of trânsport in the transit States to give effect to the
freedom of transit or where the existing means, including the port installations and
equipment, are inadequate in any respect, transit States may request the land-locked
States concerned to co-operate in constructing or improving them.
Article 114
1. Except in cases of force majeure all measures shall be taken by transit States
to avoid delays in or restrictions on traffic in transit.
2. Should delays or other difficulties occur in traffic in transit, the competent
authorities of the transit State or States and of land-locked States shall co-operate
towards their expeditious elimination.
Article 115
Ships flying the flag of land-locked States shall enjoy treatment equal to that
accorded to other foreign ships in maritime ports.
Article 116
Land-locked States may, in accordance with the provisions of Part III, participate
in the exploitation of the living resources of the exclusive economic zone of
adjoining coastal States.
A/CONF.62/WP.8/Part II
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PART VII. ARCHIPELAGOS
SECTION 1. ARCHIPELAGIC STATES
Article 117
1.
The provisions of this section shall apply to archipelagic States.
2. For the purposes of the present Convention:
(a) "archipelagic State" means a State constituted wholly by one or more
archipelagos and may include other islands;
(b) an "archipelago" means a group of islands, including parts of islands, inter-
connecting waters and other natural features which are so closely interrelated that
such islands, waters and other natural features form an intrinsic geographic, economic
and political entity, or which historically have been regarded as such.
Article 118
1. An archipelagic State may draw straight baselines joining the outermost points of
the outermost islands and drying reefs of the archipelago provided that such baselines
enclose the main islands and an area in which the ratio of the area of the water to
the area of the land, including atolls, is between one-to-one and nine-to-one.
2.
The length of such baselines shall not exceed 80 nautical miles, except that up
to
per cent of the total number of baselines enclosing any archipelago may exceed
that length, up to a maximum length of 125 nautical miles.
3. The drawing of such baselines shall not depart to any appreciable extent from
the general configuration of the archipelago.
4. Baselines shall not be drawn to and from low-tide elevations unless lighthouses
similar installations which are permanently above sea level have been built on them
or or where a low-tide elevation is situated wholly or partly at a distance not exceeding
the breadth of the territorial sea from the nearest island.
in 5. such a manner as to cut off from the high seas or the exclusive economic zone the
The system of straight baselines shall not be applied by an archipelagic State
territorial sea of another State.
6. The archipelagic State shall clearly indicate its straight baselines on large-
scale charts, deposited with the Secretary-General of the United Nations, who shall
give due publicity thereto.
7. If the drawing of such baselines encloses a part of the sea which has
traditionally been used by an immediately adjacent neighbouring State for direct access
and all forms of communication, including the laying of submarine cables and pipelines,
between two or more parts of the territory of such State, the archipelagic State shall
continue to recognize and guarantee such rights of direct access and communication.
8. For the purposes of computing the ratio of water to land under paragraph 1,
land areas may include waters lying within the fringing reefs of islands and atolls,
including that part of a steep-sided oceanic plateau which is enclosed or nearly
enclosed by a chain of limestone islands and drying reefs lying on the perimeter of
the plateau.
A/CONF.62/WP.8/Part II
page 43
Article 119
The breadth cf the territorial sea, the contiguous zone, the exclusive economic
zone and the continental shelf shall be measured from the baselines drawn in accordance
with article 118.
Article 120
1. The sovereignty of an archipelagic State extends to the waters enclosed by the
baselines, described as archipelagic waters, regardless of their depth or distance
from the coast.
2. This sovereignty extends to the air space over the archipelagic waters, the bed
and subsoil thereof, and the resources contained therein.
3. This sovereignty is exercised subject to the provisions of this section.
Article 121
Within its archipelagic waters, the archipelagic State may draw closing lines for
the delimitation of internal waters, in accordance with articles 8, 9 and 10.
Article 122
Archipelagic States shall respect existing agreements with other States and shall
recognize traditional fishing rights of the immediately adjacent neighbouring States
in certain areas of the archipelagic waters. The terms and conditions of the exercise
of such rights, including the extent of such rights and the areas to which they apply,
shall, at the request of any of the States concerned, be regulated by bilateral
agreements between them. Such rights shall not be transferred to or shared with
third States or their nationals.
Article 123
1. Subject to the provisions of article 124, ships of all States, whether coastal
or not, shall enjoy the right of innocent passage through archipelagic waters, in
accordance with the provisions of section 3 of Part I.
2. The archipelagic State may, without discrimination in form or in fact amongst
foreign ships, suspend temporarily in specified areas of its archipelagic waters the
innocent passage of foreign ships if such suspension is essential for the protection of
its security. Such suspension shall take effect after having been duly published.
Article 124
1. An archipelagic State may designate sealanes and air routes suitable for the safe,
continuous and expeditious passage of foreign ships and aircraft through its
archipelagic waters.
2. Ships and aircraft of all States, whether coastal or not, shall have the right
of archipelagic sealanes passage in sealanes and air routes through the archipelago.
A/CONF.62/WP.8/Part II
page 44
3. Archipelagic sealanes passage is the exercise in accordance with the provisions of
the present Convention of the rights of navigation and overflight in the normal mode
for the purpose of continuous and expeditious transit through an archipelago between
one part of the high seas or an exclusive economic zone and another part of the high
seas or an exclusive economic zone,
4. Such sealanes and air routes shall traverse the archipelago and the adjacent
territorial sea and shall include all normal passage routes used as routes for
international navigation or overflight through the archipelago, and, within such routes,
Bo far as ships are concerned, all normal navigational channels, provided that
duplication of routes of similar convenience between the same entry and exit points
shall not be necessary.
5. The width of a sealane shall not be less than nautical miles or per cent
of the distance between the nearest points on islands bordering the sealane.
6. An archipelagic State which designates sealanes under the provisions of this
article may also prescribe traffic separation schemes for the safe passage of ships
through narrow channels in such sealanes.
7. An archipelagic State may, when circumstances require, after giving due publicity
thereto, substitute other sealanes or traffic separation schemes for any sealanes or
traffic separation schemes previously designated or prescribed by it.
8. Such sealanes or traffic separation schemes shall conform to generally accepted
international regulations.
9. Before designating sealanes or prescribing traffic separation schemes, an
archipelagic State shall refer proposals to the competent international organization
with a view to their adoption. The organization may adopt only such sealanes and
traffic separation schemes as may be agreed with the archipelagic State, after which
the archipelagic State may designate or prescribe them.
10. The archipelagic State shall clearly indicate all sealanes and traffic separation
schemes designated or prescribed by it on charts to which due publicity shall be given.
11. Ships in transit shall respect applicable sealanes and traffic separation schemes
established in accordance with this article.
12. If an archipelagic State does not designate sealanes, the right of archipelagic
sealanes passage may he exercised through the routes normally used for international
navigation through the archipelagic waters.
Article 125
1. Ships and aircraft, while exercising the right of archipelagic sealanes passage
shall:
(a) proceed without delay through the designated sealanes;
(b) refrain from any threat or use of force against the territorial integrity or
political independence of the archipelagic State or in any other manner in violation
of the Charter of the United Nations;
A/CONF.62/WP.8/Part II
page 45
(c) refrain from any activities other than those incident to their normal modes of
continuous and expeditious transit unless rendered necessary by force majeure or by
distress;
(d) comply with other relevant provisions of this section.
2. Ships in transit shall:
(a) comply with generally accepted international regulations, procedures and
practices for safety at sea, including the International Regulations for Preventing
Collisions at Sea;
(b) comply with generally accepted international regulations, procedures and
practices for the prevention and control of pollution from ships.
3. Aircraft in transit shall:
(a) observe Rules of the Air established by the International Civil Aviation
Organization under the Chicago Convention as they apply to civil aircraft; State
aircraft will normally comply with such safety measures and will at all times operate
with due regard for the safety of navigation;
(b) at all times monitor the radio frequency assigned by the appropriate
internationally designated air traffic control authority or the appropriate international
distress radio frequency.
Article 126
An archipelagic State shall not hamper archipelagic sealanes passage and shall
give appropriate publicity to any danger to navigation or overflight within the
designated sealanes or air routes of which it has knowledge. There shall be no
suspension of archipelagic sealanes passage.
Article 127
During their passage through archipelagic waters, foreign ships, including marine
research and hydrographic survey ships, may not carry out any research or survey
activities without the prior authorization of the archipelagic State.
Article 128
1. Subject to the provisions of this section, the archipelagic State may make laws
and regulations relating to archipelagic sealanes passage through archipelagos in
respect of all or any of the following:
(a) the safety of navigation and the regulation of marine traffic as provided
in article 124;
(b) the prevention of pollution, giving effect to the applicable international
regulations regarding the discharge of oil, oily wastes and other substances in the
archipelagic waters;
(c) with respect to fishing vessels, the prevention of fishing, including the
stowage of fishing gear;
A/CONF.62/WP.8/Part II
page 46
(d). the taking on board or putting overboard of any commodity, currency or person
in contravention of the customs, fiscal, immigration or sanitary regulations of the
archipelagic State.
2. Such laws and regulations shall not discriminate in form or fact amongst foreign
ships, nor in their application have the practical effect of denying, hampering or
impairing the right of archipelagic sealanes passage as defined in this section.
3. The archipelagic State shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of archipelagic sealanes passage shall comply
with such laws and regulations of the archipelagic State.
Article 129
If a ship or aircraft entitled to sovereign immunity acts in a manner contrary
to the provisions of this section or laws and regulations adopted in accordance with
paragraph 1 of article 128 and loss or damage results to an archipelagic State or
other States in its vicinity, the flag State shall be responsible for that loss or
damage.
Article 130
The provisions of this section are without prejudice to the provisions of
article 6.
SECTION 2. OCEANIC ARCHIPELAGOS BELONGING
TO CONTINENTAL STATES
Article 131
The provisions of section 1 are without prejudice to the status of oceanic
archipelagos forming an integral part of the territory of a continental State.
A/CONF.62/WP.8/Part II
page 47
PART VIII. REGIME OF ISLANDS
Article 132
1. An island is a naturally formed area of land, surrounded by water, which is
above water at high tide.
2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone,
the exclusive economic zone and the continental shelf of an island are determined in
accordance with the provisions of the present Convention applicable to other land
territory.
3. Rocks which cannot sustain human habitation or economic life of their own shall
have no exclusive economic zone or continental shelf.
A/COMP.62/WP.8/Part II
page 48
PART IX. ENCLOSED AND SEMI-ENCLOSED SEAS
Article 133
For the purposes of this Part, the term "enclosed or semi-enclosed sea" means a
gulf, basin, or sea surrounding two or more States and connected to the open seas by
a narrow outlet or consisting entirely or primarily of the territorial seas and
exclusive economic zonos of two or more coastal States.
Article 134
States bordering enclosed or semi-enclosed seas shall co-operate with each other
in the exercise of their rights and duties under the present Convention. To this
end they shall, directly OF through an appropriate regional organization:
(a) co-ordinate the management, conservation, exploration and exploitation of
the living resources of the sea;
(b) co-ordinate the implementation of their rights and duties with respect to
the preservation of the marine environment;
(c) co-ordinate their scientific research policies and undertake where
appropriate joint programmes of scientific research in the area;
(d) invite, as appropriate, other interested States or international
organizations to co-operate with them in furtherance of the provisions of this article.
Article 135
The provisions of this Part shall not affect the rights and duties of coastal
or other States under other provisions of the present Convention, and shall be applied
in a manner consistent with those provisions.
A/CONF.62/WP.8/Part II
page 49
PART X. TERRITORIES UNDER FOREIGN OCCUPATION OR
COLONIAL DOMINATION
Article 136
1. The rights recognized OI established by the present Convention to the resources
of a territory whose people have not attained either full independence or some other
self-governing status recognized by the United Nations or a territory under foreign
occupation or colonial domination or a United Nations Trust Territory or a territory
administered by the United Nations shall be vested in the inhabitants of that
territory, tc be exerched by them for their own benefit and in accordance with their
own needs and requirements.
2. Where a dispute over the sovereignty of a territory under foreign occupation or
colonial domination exists, the rights referred to in paragraph 1 shall not be
exercised until such dispute is settled in accordance with the purposes and principles
of the Charter of the United Nations.
3. In no case mav the rights referred to in paragraph 1 be exercised, profited or
benefited from or in any way infringed by a metropolitan or foreign power administering
or occupying such territory or purporting to administer or occupy such territory.
4. References in this article to a territory include continental and insular
territories.
FORD is LIBRARY
A/CONF.62/MP.B/Part II
page 50
PART XI. SETTLEMENT OF DISPUTES
Article 137
Disputes arising out of the interpretation or application of articles
shall be resolved in accordance with the provisions of Part
Convention.
of the present
A/CONF.62/WP.8/Part II
Annex
ANNEX
HIGHLY MIGRATORY SPECIES
1.
Albacore Tuna
2.
Bluefin Tunas
3.
Bugeye Tuna
4.
Skipjack Tunas
5.
Yellowfin Tuna
6.
Blackfin Tuna
7.
Little Tuna
8.
Frigate Mackerels
9.
Pomfrets
10.
Harlin
11.
Sailfishes
12.
Swordfish
13.
Sauries
14.
Dolphin (fish)
15.
Oceanic Sharks
16.
Cetaceans (whales and porpoises)
UNITED NATIONS
Distr.
GENERAL
A/CONF.62/WP.8/Part III
THIRD CONFERENCE
( May 1975
ON THE LAW OF THE SEA
Original: ENGLISH
INFORMAL SINGLE NEGOTIATING TEXT
PART III
TEXT FRESENTED BY THE CHAIRMAN OF THE THIRD COMMITTEE
Note by the President of the Conference
,At its 55th plenary meeting on Friday 18 April 1975 the Conference decided
to request the Chairmen of its three Main Committees each to prepare a single
negotiating text covering the subjects entrusted to his Committee. In his
concluding statement, before the Conference made this request, the Presidont
stressed that the single text should take account of all the formal and informal
discussions held so far, would be informal in character and would not prejudice
the position of any delegation nor would it represent any negotiated text or
accepted compromise. It should, therefore, be quite clear that the single
negotiating text will serve as a procedural device and only provide a basis for
negotistion. It must not in any way be regarded as affecting either the status
of proposals already made by delegations or the right of delegations to submit
amendments or new proposals.
GE.75-65230
h/CGF.,62/WT.8/Part III
page 2
PART
PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
CHAPTER ONE
GENERAL PROVISIONS
Article 1
"Tollution of the marine environment" means: the introduction by man,
directly or indirectly, of substances or energy in the merino environment
(including estuarios) resulting in such doleterious effects ns harm to living
resources, hazards to human hoalth, hindrance to narine activities including
fishing and other legitimato uses of the sea, inpairment of quality for use of
sea water and reduction of amenities.
Article 2
States have the obligation to protect and preserve all the marine environment.
Article 3
States have the sovercign right to exploit their natural resources pursuant to
their environmental policies and they shall, in accordance with their duty to
protect and preserve the marine environment, take into account their economic needs
and their programmes for economic dovelopment.
Article 4
1. States shall take all necessary measures consistent with this Convention to
prevent, reduce and control pollution of the marine environment from any source
using for this purpose the best practicable means at their disposal and in
accordance with their capabilities, individually or jointly, as appropriate, and
they shall endcavour to harmonize their policies in this connexion.
A provision containing a definition of marine pollution could be embodied
in a special introductory chapter of this Convention, together with all other
definitions.
A/CONF.62/WP.8/Part III
page 3
2. States shall take all necessary measures to ensure that marine pollution does
not spread outside their national jurisdiction and that activities under their
jurisdiction or control are so conducted that they do not cause danage by pollution
to other States and their environment, nor cause pollution beyond the areas where
States exercise sovereign rights in accordance with this Convention.
3. The measures taken pursuant to these articles shall deal with all sources
whatsoever of pollution of the marine environment. These neasures shall include,
inter alic, those designed to ninimize to the fullest possible extent:
(a) Release of toxic, hermful and noxious substances, especially those which
are persistent:
(i) from land-based sources;
(ii) from or through the atmosphere;
(iii) by durping.
(b) Pollution from vessels, in particular for preventing accidents and
dealing with energencies, ensuring the safety of operations at sea, preventing
intentional and unintentional discharges, and regulating the design, construction,
equipment, operation and manning of vossels.
(c) Pollution from installations and devices used in the exploration or
exploitation of the natural resources of the sea-bed and subsoil, in particular for
preventing accidents and dealing with emergencios, ensuring the safety of
operations at sea, and regulating the design, construction, equipment, operation and
manning of such installations or devices.
(d) Pollution from all other installations and devices operating in the marine
environment, in particular for preventing accidents and dealing with energencies,
ensuring the safety of operations at sea, and regulating the design, construction,
equipment, operation and manning of such installations or devices.
4. In taking neasures to prevent pollution of the marine environment States shall
have due regard to the legitimate uses of the marine envirorment, which are not
incompatible with the provisions of this Convention and shall refrain from
unjustifiable interference with such uses.
Article 5
In taking measures to prevent or control marine pollution, States shall guard
against the effect of merely transferring, directly or indirectly, danage or
hazards from one area to another or from one type of pollution to another.
CHAPTER TWO
GLOBAL AND REGIONAL CO-OPERATION
Article 6
States shall co-operate on C. global basis and as appropriate on a regional
basis, directly or through compotent international organizations, global or regional,
to formulate and elaborate international rules, standards and recommended practices
and procedures consistent with this Convention, for the prevention of marine
pollution, taking into account characteristic regional features.
i/COMP.62/WP.8/Part III
page 4
Article 7
A State which becomes aware of cases in which the marine environment is in
imminent danger of being demaged or has been damaged by pollution shall immediately
notify other States it deems likely to be affected by such danage, as well as the
competent international organizations.
Article 8
In the cases referred to in irticle 7, States in the area effected, in
accordance with their capabilitios, and the competent international organizations,
shall oo-operate, to the extent possible, in eliminating the effects of pollution and
preventing or minimizing the drnage. Towards that ond, States shall jointly promote
and develop contingency plans for responding to pollution incidents in the marine
environment.
Article 9
States shall co-operate directly or through competent international organizations
for the purpose of promoting studics, undertaking programes of scientific research
and encouraging the exchange of information and data acquired about pollution of the
marine environment. They shall endeavour to participate actively in regional and
international programmes to acquire knowledge for the assessment of the nature and
extent of pollution and the pathways and risks of, exposures to and the romedies for
pollution.
Article 10
In the light of the information and date acquired pursuant to Article 9, States
shall co-operate directly or through competent international organizations in working.
out appropriate scientific criteria for the formulation and elaboration of rules,
standards and recommended practices and procedures for the prevention of marine
pollution.
CHAPTER THREE
TECHNICAL ASSISTANCE
Article 11
1. States shall directly or through competent international or regional
organizations:
(a) promote programmes of scientific, educational, technical and other
assistance to developing countries for the prescrvation of the merine environment
and the prevention of marine pollution. Such assistance shall include, inter alia,
(i) training of sciontific and technical personnel;
(ii) facilitation of their participation in rolevant international programmes;
(iii) supply of necessary equipmont and facilities;
(iv) enhancing the capacity of developing countries to nanufacture such
equipment;
(v) development of facilities for and advice on research, monitoring,
educational and other programmes.
/
./CCNF.62/WP.8/Part III
page 5
(b) provide appropriate assistance, in particular to developing countries, for
the minimization of the effects of major incidents which may cause serious pollution
in the marine environment.
(c) provide appropriate assistance in particular to developing countries
concerning the preparation of environmental assessments.
Article 12
Developing States shall, for purposes of the prevention of marine pollution or
the minimization of its effects, be granted preference in:
(a) the allocation of appropriate funds and technical assistance facilities
of international organizations, and
(b) the utilization of their specialized services.
CHAPTER FOUR
MONITORING
Article 13
1. States shall, consistent with the rights of other States endeavour, as much as
is practicable individually or collectively through the competent international
organizations to observe, measure, ovaluate and analyse, by recognized methods the
risks or effects of pollution of the marine environment.
2. In particular, States shall keep under surveillance the effect of any
activities which they permit or in which they angage to determine whether these
activities are likely to pollute the mrine environment.
Article 14
States shall provide at appropriate intervals reports of the results obtained
relating to risks or effects of pollution of the marine environment to
United Nations Environment Programme or any other competent international or
regional organizations, which should make them available to all States.
CHAPTER FIVE
ENVIRONMENTAL ASSESSMENT
Article 15
When States have reasonable grounds for expecting that planned activities under
their jurisdiction or control may cause substantial pollution of the marine
environment, they shall, 28 far as practicable, assess the potential effects of such
activities on the marine environment and shall communicate reports of the results of
such assessments in the manner provided in paragraph 2 of article 13.
A/CONF.62/WP.8/Part III
page 6
CHAPTER SIX
STANDARDS
Article 16
1. States shall establish national laws and regulations to prevent, reduce end
control pollution of the marine environment from land-based sources including rivers,
estuaries, pipelines and outfall structures, taking into account internationally
agreed rules, standards and recommended practices and procedures.
States shall also take such other measures as may be necessary to prevent,
reduce and control pollution of the marine environment from land-based sources.
2. States shall endeavour to harmonize their national policies at the appropriate
regional level.
3. States, acting in particular through the appropriate intergovernmental
organizations or by diplomatic conference, shall endeavour to establish global and
regional rules, standards and recommended practices and procedures to prevent,
reduce and control pollution of the marine environment from land-based sources,
taking into account characteristic regional features, the economic capacity of
developing countries and their need for economic development.
4. Laws, regulations, neasures, rules, standards and recommended practices and
procedures referred to in paragraphs 1 and 3 respectively shall include those
dosigned to mininize to the fullest possible extent the release of toxic, harmful
and noxious substances, especially persistent substances, into the marine
environment.
Article 17
1. Coastal States shall establish national laws and regulations to prevent, reduce
and control pollution of the marine environment arising from activities concerning
exploration and exploitation of the sea bed and from installations under their
jurisdiction, pursuant to Chapter Four of this Convention.
States shall also take any other measures as may be necessary to prevent,
reduce and control such pollution.
Such laws, regulations and measures shall be no less effective than generally
accepted international rules, standards and recommended practices and procedures.
2. States shall endeavour to hermonize their national policies at the appropriate
regional level.
3. States, acting in particular through the appropriate intergovernmental
organizations or by diplomatic conference, shall establish global and regional rules,
standards and recommended practices and procedures to prevent, reduce and control
pollution of the marine environment arising in connexior with sea-bed activities
and installations mentioned in paragraph 1 above.
A/CONF.62/WP.8/Part III
page 7
rticle 18
The provisions referring to measures to prevent, reduce and control pollution
of the marine environment from activities concerning exploration and exploitation of
the international sea-bed area are contained in Chapter
of this Convention.
Crticle 19
1. States shall establish national laws and regulations to prevent, reduce and
control pollution of the marine environment from dumping / of wastes and other
matter.
States shall also take such other measures as may be necessary to prevent,
reduce and control such pollution.
Such laws, regulations and measures shall ensure that dumping is not carried out
without the permission of the competent authorities of States.
2. States, acting in particular through the competent intergovernmental
organizations or by diplomatic conference, shall endeavour to establish as soon as
possible and to the extent that they are not already in existence, global and
regional rules, standards and recommended practices and procedures to prevent,
reduce and control pollution of the marine environment by dumping of wastes and other
matter.
3. Dumping of wastes and other matter, within
shall not be carried out
without the express approval of the coastal State, which has the exclusive right to
permit, regulate and control such dumping.
4. National laws, regulations and measures shall be no less effective in
preventing, reducing and controlling pollution from dumping than global rules and
standards.
Article 20
1. States, acting through the competent international organization or by general
diplomatic conference, shall establish as soon as possible and to the extent that
they are not already in existence, international rules and standards for the
prevention, reduction and control of pollution of the marine environment from vesscls.
2. States shall establish effective laws and regulations for the prevention,
reduction and control of pollution of the marine environment from vessels flying
their flag. The requirements of such laws and regulations shall be no less
effective than generally accepted international rules and standards referred to in
paragraph 1.
* The definition of dumping of wastes and other matter may bc included
in a special introductory chapter of this Convention together with all other
definitions.
A/CONF.62/WP.8/Part III
page 8
3.
The coastal State may establish, in respect of the territorial sea, more
effective laws and regulations for the prevention, reduction and control of marine
pollution from vessels. In establishing such laws and regulations the coastal State
shall, consistent with the aim of achieving maximum possible uniformity of rules and
standards governing international navigation, conform to the international rules and
standards referred to in paragraph 1 of this Article. Such laws and regulations must
not have the practical effect of hampering innocent passage through the territorial sea.
4. Where internationally agreed rules and standards are not in existence or are
inadequate to meet special circumstances and where the coastal State has reasonable
grounds for believing that a particular area of the economic zone is an area where,
for recognized technical reasons in relation to its oceanographical and eçological
conditions its utilization, and the particular character of its traffic,
the adoption of special mandatory measures for the prevention of
pollution from vessels is required, the coastal State may apply to the competent
international organization for the area to be recognized as a "special area". Any such
application shall be supported by scientific and technical evidence and shall, where
appropriate, include plans for establishing sufficient and suitable land-based
reception facilities.
5. Nothing in this Article shall be deemed to affect the establishment by the
coastal State of appropriate non-discriminatory laws and regulations for the protection
of the marine environment in areas within the economic zone, where particularly severe
climatic conditions create obstructions or exceptional hazards to navigation, and where
pollution of the marine environment, according to accepted scientific criteria, could
cause major harm to or irreversible disturbance of the ecological balance.
6. Laws and regulations established pursuant to the internationally agreed rules and
standards referred to in paragraph 4 of this Article, shall not become applicable in
relation to foreign vessels until six months after they have been notified to the
competent international organization.
Article 21
1. States shall establish national laws and regulations and shall take measures to
prevent, reduce and control pollution of the marine environment from the atmosphere,
taking into account internationally agreed rules, standards and recommended practices
and procedures.
2. States shall endeavour to establish global and regional rules, standards and
recommended practices and procedures to prevent, reduce and control marine pollution
from atmospheric sources.
CHAPTER SEVEN
ENFORCEMENT
Article 22
States shall have the right to enforce laws and regulations adopted in
accordance with the provisions of this Convention for the protection and
preservation of the marine environment from land-based sources of marine pollution.
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Article 23
States shall have the right to enforce laws and regulations cdopted in
accordance with the provisions of this Convention for the protection and
proservation of the merine environment from pollution arising from activities
concerning exploration and exploitation of the continental shelf as provided for in
this-Convention.
Article 24
The international authority 03 referred to in Chapter
of this
Convention shall enforce, in co-operation with the flag States, the rules and
standards adopted in accordance with the provisions of this Convention fcr the
protection and presorvation of the marine environment from pollution crising from
activities concerning exploration and expleitation of the international sea bed area.
Article 25
Laws and regulations adopted in accordance with the provisions of this
Convention for the protoction and prese :vation of the marine environment from
dumping at sea shall be enforced:
(a) by any Stato within its territory;
(b) by the flag State with regard to vessels and circraft registered in
its territory or flying its flag;
(c) by the coastal State on vessels and aircraft engaged in dumping within
its economic zone and continental shelf:
(d) by the port State on vessels and aircraft loading at its facilities or
off-shore terminals.
Article 26
1. States shall ensure compliance with international rules and standards referred to
in Article 20 for the preservation of marine environment by vessels flying their
flag or of their registry, and shall provide for the effective enforcement of such
rules and standards irrespective of where the viclations may have occurred.
2. du flag State shall, at the documented request of any State, investigate any
violation alleged to have been committed by its vossels. If satisfied that
sufficient evidence is available to onable proceedings to be brought in respect of
the allegod violation, the flay Stats shall cause such pro codings to be taken as
soon as possible, in accordance with its laws. The flag State shall promptly
inform the requesting State of the action taken and of its outcome.
3. The penalties specified under the flog State's logislation for its own
vessels shall be adequate in soverity to discourage violations and equally severe
regardless of where the violations occurred.
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Article 27
1. When a State has reasonable grounds for believing that a vessel irrespective of its
flag or State of registration, which is voluntarily within one of its ports or at one
of the offshore terminals, has violated the international rules and standards
regardless of where the violation occurred, it must:
(a) undertake an immediate and thorough investigation of the violation;
(b) provide immediate notification of the results of the investigation to the
flag State concerned and any States affected by the alleged violation.
2. The coastal State may prevent this vessel from sailing if it presents an excessive
danger to the marine environment: it may however authorize it to leave the port or
terminal to go to the nearest appropriate shipyard for repairs.
3. When a coastal State has reasonable grounds for believing that a vessel irrespective
of its registration, which is voluntarily within one of its ports or at one of its
offshore terminals, has released a discharge in the area extending to
miles from
the baseline from which the territorial sea is measured which constitutes a violation of
the international rules and standards, it may, subject to the provisions of Article 28,
institute proceedings according to its laws and, if necessary, arrest the vessel.
Article 28
1. A coastal State may apply the measures contained in Article 27 when a vessel,
passing through the territorial sea, irrespective of its flag or State of registration,
has violated the international rules and standards referred to in Article 20,
paragraphs 1 and 2.
2. A coastal State may apply the measures contained in Article 27 at the request of
another State when a vessel, irrespective of its flag or State of registration has
violated the international rules and standards referred to in Article 20 paragraphs 1
and 2, by releasing a discharge in the area extending to miles from the baseline
from where the territorial sea of the requesting State is measured if such State is
party to the Convention containing these international rules and standards alleged to
be violated.
3. When a coastal State arrests a ship, or when it receives a request from another
State in accordance with paragraph 1, it must immediately notify the flag State of these
facts, furnishing a report and all other relevant information.
4. The report drawn up by the competent authorities of the coastal State concerned
shall be forwarded to the flag State.
5. Proceedings in respect of any violation other than arresting a vessel shall not
be instituted by the coastal State until the expiry of six months from the date of
notification to the flag State in accordance with paragraph 2 of this Article, and at
any time after the expiry of that period if the flag State has previously commenced
proceedings and has not discontimued those proceedings.
6. Proceedings in respect of the violation shall not be instituted by the coastal
State after the expiry of three years from the date of the violation.
7. Proceedings taken by the coastal State shall not prevent the flag State from
exercising its own competence.
8. Proceedings in respect of the violation may not be instituted by another State if
such proceedings in respect of the same violation have already been initiated by the
flag State pursuant to the provisions of this Article.
9. Only monetary penalties may be imposed by a coastal State in respect of any such
violation.
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Article 29
When a coastal State arrests a vessel or institutes proceedings pursuant to
paragraph 3 of Article 27, it shall immediately release the vessel if the owner
or his representative deposits a bond or other reasonable security which may not
exceed the maximum penalty stipulated for the violation. The vessel shall nct be
released if it cannot proceed to sea without presenting an excessive danger to
the marine envirorment. However, the COE ,tal State may per.it the vessel to leave
the port or offshore terminal in order to proceed to the nearest repair yard
available.
Article 30
1. When a coastal State has reasonable grounds for believing that a vessel,
regardless of its flag or State of registration, has violated the international
rules and standards by releasing discharges in the area extending to
miles
from the baseline from which the territorial sea is measured, that State requires
the vessel to give information by radio or other means of communication.
This information shall concern:
(i) identification of the vessel and its port of registration,
(ii) its last and next ports of call,
(iii) and any other information required to be given by the relevant
international regulation, being information which will make it possible to establish
whether the suspected violation has been committed.
2. The information referred to in the preceding paragraph may only be required if
the vessel is in the area extending to
miles from the baseline from which
the territorial sea is measured.
Article 31
When there are reasonable grounds for believing that the vessel navigating
through an area extending to miles fr >m the baseline from which the territorial
sea of the coastal State is measured, has discharged in violation of international
rules and standards, the vessel may be required to stop and may be boarded for
inspection, provided that -
(a) the violation has been of flagrant character causing severe damage or
threat of severe damage to the marine environment, or the vessel is proceeding
to or from the internal waters of the coastal State;
(b) any such inspection shall be limited to an examination of such
certificates and records as the vessel is requirod to carry by the relevant
international regulation or of any similar documents which it is carrying;
(c) a physical inspection of the vessel may thereafter be carried out only
if that is necessary to confirm the suspected violation.
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Article 52
When a coastal State exercises the rights referred to in Articles 30 and 31
it shall promptly notify the flag State of the suspected violation and of the
respective measures which have been taken.
Article 33
The rights conferred on the coastel State by irticles 27 to 32 may be
exercised only by officials or agents having the authority to establish that a
violation has been committed.
Article 34
When taking measures indict : foreign vessel rersuant to Articles 27 to 32,
the State in question will immediately inform tho consular or diplomatic
representative of the flag State of the vessel against which the neasures were taken.
Article 35
A vessel may be detained only by virtue of a court order of the State having
jurisdiction. The vessel must be immediately released if the person responsible
pays the fine imposed.
If as a result of an arrest the constal State decides that it is necessary to
detain the vessel, it must be taken to a safe and convenient place of enchorage.
Article 36
The coastal State may exercise the powers provided for in Article 35 only to
the extent that there is no excessive danger to the vessel in question and that no
unreasonable risks are created for navigation or the marine environment.
Article 37
The coastal State must provide for recourse in its courts in respect of loss or
damage resulting from the inspection, the enquiry or application of measures taken
pursuant to Articles 27 to 36 where they exceed those which were reasonably
necessary in view of existing information.
Article 58
In the exercise of its rights and duties under this Chapter, e State shall
not discriminate in form or in fact egainst foreign vessels.
Article 39
Nothing in Chapters six and seven shall affect the-legal régime
of straits used for irternational navigation.
Article 41)
States shall have the right to enforce laws and regulations adopted in
accordance with the provisions of this Convention for the protection and preservation
of the marine environment from atmospheric sources of marine pollution.
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page 13
CHAPTER EIGHT
RESPONSIBILITY AND LLABILITY
irticle 41
1. States have the responsibility to ensure that activities under their jurisdiction
or control do not cause damage to areas under the jurisdiction of other States or to
the marine environment of other States and shall, in accordance with principles of
international law be liable to other States for such damage.
2. States have the responsibility to ensure that activities under their
jurisdiction or control d- not cruse damage to the marine environment beyond areas
where States exercise sovereign rights in accordance with this Convention.
3. When necessary, States shall co-operate in the development of international
law relating tc the protection and preservation of the marine environment in
establishing inter alia criteria and procedures for the determination of liability,
the assessment of damage, the payment of compensation and the settlement of related
disputes.*
CHAPTER NINE
SOVEREIGN IMMUNITY
Article 42
The provisions of Chapters Six and Seven shall not apply to any warship, navel
auxiliary or other vessel owned or operated by a State and used, for the time being,
only on government noncommercial service. However, each State shall ensure by the
adoption of appropriate measures not impairing the operations or operational
capabilities of such vessels or other craft owned or operated by it, that such
vessels or other craft act in 2 manner consistent, so far as is reasonable and
practicable, with Chapters Six and Seven.
CHAPTER TEN
OTHER CONVENTIONS ON PRESERVATION OF THE MARINE ENVIRONMENT
Article 43
1. The provisions of this Convention shall be without prejudico to the specific
obligations assumed by States under special conventions and agreements concluded
previously which relate to the prevention of pollution of the marine environment
nor to agreements which may be concluded in furtherance of the general principles
set forth in this Convention.
The question of settlement of disputes is referred to in Chapter
of this Convention.
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2. Specific obligations assumed by States under special conventions, with respect
to the protection and preservation of the marine environment should be applied in a
manner consistent with the general principles and objectives of this Convention.
CHAPTER ELEVEN
SETTLEMENT OF DISPUTES
Article 44
Any dispute with respect to the interpretation or application of the
provisions of this Convention with respect to the preservation of the marine
environment shall be resolved by the dispute settlemont procedures contained in
Chapter
of this Convention.
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PART
MARINE SCIENTIFIC RESEARCH
CHAPTER ONE
GENERAL PROVISIONS
Article 1
Marine scientific research means any study or related experimental work designed
to increase man's knowledge of the marine environment. *
Article 2
All States, whether coastal or land-locked, as well as appropriate international
organizations have the right to conduct marine scientific research subject to the
provisions of this Convention.
Article 3
States shall endeavour to promote and facilitate in accordance with the provisions
of this Convention the development and conduct of marine scientific research not only
for their own benefit but also for the benefit of the international community.
Article 4
States and international organizations shall apply in the conduct of marine
scientific research the following principles:
(a)
marine scientific research activities shall be conducted exclusively
for peaceful purposes;
(b)
such activities shall not unduly interfere with other legitimate uses
of the sea compatible with the provisions of this Convention and shall
be duly respected in the course of such uses;
(c)
such activities shall comply with regulations established in conformity
with the provisions of this Convention, for the preservation of the
marine environment.
Article 5
Marine scientific research shall be conducted subject to the rights of coastal
States as provided for in this Convention.
A provision containing a definition of marine scientific research could be
embodied in a special introductory chapter of this Convention together with all other
definitions.
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Article 6
In conducting marine scientific research in accordance with the provisions of
this Convention States and competent international organizati. ns shall use appropriate
scientific methods and may utilize vessels, aircraft, devices, equipment or
installations.
Article 7
Marine scientific research activities shall not form the legal basis for any
claim whatsoever to any part of the marine environment or its resources.
CHAPTER TWO
INTERNATIONAL AND REGIONAL CO-OPERATION
Article 8
States shall, in accordance with the principle of respect for sovereignty and on
the basis of mutual benefit, promote international co-operation in marine scientific
research for peaceful purposes.
Article 9
States shall co-operate with one another, through the conclusion of bilateral and
multilateral agreements, to create favourable conditions for the conduct of scientific
research in the marine environment and to integrate the efforts by scientists in
studying the essence of and the interrelations between phenomena and processes
occurring in the marine environment.
Article 10
States shall, both individually, and in co-operation with other States and with
competent international organizations, actively promote the flow of scientific data
and information and the transfer of knowledge resulting from marine scientific research
in particular to developing countries, as well as the strengthening of the autonomous
marine research capabilities of developing countries through, inter alia, programmes
to provide adequate education and training of their technical and scientific personnel.
Article 11
The availability to every State of information and knowledge resulting from marine
scientific research shall be facilitated by effective international communication of
proposed major programmes and their objectives, and by publication and dissemination
of the results through international channels.
Article 12
States and international organizations shall endeavour to facilitate marine
scientific research through bilateral or regional and other multilateral agreements.
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CHAPTER THREE
CONDUCT AND PROMOTION OF MARINE SCIENTIFIC RESEARCH
Article 13
Coastal States have the exclusive right to conduct and regulate marine scientific
research in their territorial sea. Scientific research activities therein shall be
conducted only with the explicit consent of, and under the conditions set forth by the
coastal State. Requests for such consent shall be submitted to the coastal State well
in advance and shall be answered without undue delay.
Article 14
Marine scientific research beyond the territorial sea, in the economic zone and
the continental shelf, shall be conducted by States as well as by appropriate inter-
national organizations in such a manner that the rights of the coastal State, as
provided for in this Convention, are respected.
Article 15
States and international organizations which intend to undertake scientific
research in the economic zone or on the continental shelf of a coastal State shall
provide that State with a full description of:
(a) the nature and objectives of the research project;
(b) the means to be used, including name, tonnage, type and class of vessels;
(c) the precise geographical areas in which the activities are to be conducted;
(d) the expected date of first appearance and final departure of the research
vessels or equipment as the case may be; and
(e) the name of the sponsoring institution, its director and the scientist (s)
in charge of the expedition.
Article 16
States and international organizations when undertaking scientific research shall
comply with the following conditions:
(a) ensure the rights of the coastal State, if it so desired, to participate
or to be represented in the research project;
(b) provide the coastal State an opportunity to participate directly or be
represented, if it so desires, in the research on board vessels at the
expense of the State conducting the research but without payment of any
remuncration to the scientist of the coastal State;
(c) provide the coastal State with the final results and conclusions of the
research project;
(d) undertake to provide to the coastal State on agreed basis raw and
processed data and samples of materials;
(e) if requested, assist the coastal State in assessing the said data and
samples and the results thereof;
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(f) ensure that the research results are made internationally-availa
through International Data Centres or through other appropriate
international channels as soon as feasible;
(g) inform the coastal State immediately of any major change in the research
programme; and
(h) comply with all relevant provisions of this Convention.
Article 17
The communication concerning the research project shall be made through approp-
riate official channels and the coastal State shall acknowledge its receipt immediately.
Article 18
1. States and international organizations, which intend to undertake scientific
research shall indicate in their communication to the coastal State whether they
consider the research project to be of a fundamental nature or related to the resources
of the economic zone or continental shelf.
2. States shall seek to promote through competent international organizations the
establishment of criteria and guidelines concerning the differentiation between
research directly related to the exploration and exploitation of the living and non-
living resources and fundamental research which is not directly related to exploration
and exploitation of such resources.
Article 19
If the coastal State considers that the research project defined by the research-
ing State as fundamental is not of such nature, it may object only on the ground that
the said project would infringe on its rights as defined in this Convention over the
natural resources of the economic zone, or continental shelf.
Article 20
Any dispute with respect to the determination of the nature of the research
project, if not settled by negotiation between the parties concerned shall, at the
request of any of the parties of the dispute, be submitted for settlement in accordance
with the procedures set out in the relevant articles of this Convention.
Article 21
Any research project related to the living and non-living resources of the economic
zone and the continental shelf shall be conducted only with the explicit consent of the
coastal State. In this case the following conditions shall apply:
(a) the conditions specified in Articles 15 and 16 with the exception of
condition (f) of. Article 16;
(b) if requested, submit to the coastal State as soon as practicable after
the completion of the research, a report including a preliminary inter-
pretation;
(c) ensure that the research results are not published or made internationally
available without the express consent of the coastal State; and
(d) fulfil any other request for information relating directly to the
research project.
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Article 22
When the research is of fundamental nature the coastal State may indicate within
days of the communication concerning the research project its intent to participate
in the different phases of the research on mitually agreed terms. In case the coastal
State does not reply, the researching State or the international organization shall
proceed with the realization of the research project in accordance with the conditions
referred to in Article 16.
Article 23,
1. States and international organizations conducting marine scientific research in
the economic zone of a coastal State shall take into account the interest, and rights
of the land-locked and other geographically disadvantaged States of the region, neigh-
bouring to the research area, as provided for in this Convention, and shall notify
these States of the proposed research project as well as provide, at their request,
relevant information and assistance as specified in Article 15 and Article 16, sub-
paragraphs (e) and (g).
2. Such neighbouring land-locked and other geographically disadvantaged States shall,
at their request, be given the opportunity to participate, whenever feasible in the
proposed research project through qualified experts to be appointed by them.
Article 24
Coastal States shall on the basis of bilateral or regional and other multilateral
agreements and in a spirit of international co-operation with a view to promoting
marine scientific research activities conducted in accordance with this Convention,
adopt measures, including domestic legislation, to facilitate access to their harbours
and to provide assistance for marine scientific research vessels carrying on such
activities.
Arti. 25
1. All States, whether coastal or land-locked, as well as appropriate international
organizations shall have the right in conformity with the provisions of this Convention
to conduct marine scientific research in the international sea-bed area.
2.
Information concerning the research project in accordance with Article 15 shall be
submitted
not less than days beforehand to the International Sea-bed Authority,
established in accordance with the provisions of this Convention.
When a resource oriented marine scientific research programme is planned in an
area 3. immediately adjacent to the economic zone or continental shelf of a coastal State,
and research incidental to the research programme, involving entries into the economic
zone of the coastal State may be required, the coastal State may request that the
provisions of Article 21 be fulfilled.
The research results should be published in a readily available sciontific
publication, 4. and in any event made internationally available through appropriate
international channels, as soon as possible.
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Article 26
All States whether coastal or land-locked as well as appropriate international
organizations shall have the right in conformity with the provisions of this Convention
to conduct marine scientific research in the waters of the high seas beyond the limits
of the economic zone.
CHAPTER FOUR
STATUS OF SCIENTIFIC EQUIPMENT IN THE MARINE ENVIRONMENT
Article 27
The deployment and use of any type of scientific research installations or equip-
ment in the marine environment shall be subject to the same conditions as those for
the conduct of marine scientific research, as provided for in this Convention.
Article 28
All the rights necessary to operate and manage and the responsibility for such
installations or equipment shall remain with the States or the international organiz-
ations which have deployed them or on whose behalf they have been deployed, in
accordance with the provisions of this Convention, unless otherwise agreed between the
parties concerned.
Article 29
In areas where the consent of the coastal State is needed for the conduct of
marine scientific research in accordance with this Convention the coastal State has
the power to inspect and ensure that the installations or equipment are used in
conformity with the purposes and conditions set out for the conduct of the research
project, including the right, in the case of contravention by the deploying States or
international organizations, to take all appropriate judicial and administrative
measures.
Article 30
The installations or equipment referred to in this Chapter shall not have the
status of islands or possess their own territorial waters, and their existence shall
not affect thedelimitation of the territorial sea, continental shelf or economic zone
of the coastal State.
Article 31
Safety zones of a width not exceeding metres measured from the outermost
points of the installations referred to in this Chapter may be created around the
installations. All States shall ensure that such safety zones are respected by their
ships.
Article 32
The deployment and use of any type of scientific research installations or equip-
ment must not constitute an obstacle to the established international shipping routes.
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Article 33
Installations or equipment referred to in this Chapter shall bear identification
markings indicating the State or international organization to which they belong and
will have adequate warning signals to ensure the safety of sea and air navigation.
CHAPTER FIVE
RESPONSIBILITY AND LIABILITY
Article 34
States and competent international organizations shall be responsible for ensuring
that marine scientific research, whether undertaken by them or on their behalf, is
conducted in accordance with the provisions of this Convention.
They shall be liable in conformity with international law for damage arising out
of marine scientific research undertaken by them or on their behalf.
Article 35
1. States shall also take the necessary legislative or regulatory measures to
prohibit any conduct of marine scientific research by their nationals, natural or
juridical, or by other persons under their jurisdiction, which is in contravention of
the provisions of this Convention and to establish sanctions therefor.
2. States shall ensure that recourse is available in accordance with their legal
systems for compensation or other relief in respect of damages arising out of marine
scientific research.
3. The liability in respect of damage caused within the area under national juris-
diction and/or sovereignty of a coastal State arising from marine scientific research
activities shall be governed by the law of the coastal State, taking into account the
relevant principles of international law.
Article 36
States undertake to co-operate in the development of international law relating
to procedures for the assessment of damage, the determination of liability, the payment
of compensation and the settlement of related disputes.
CHAPTER SIX
SETTLEMENT OF DISPUTES
Article 37
Any dispute with respect to the interpretation or application of the provisions
of this Convention with respect to marine scientific rosearch shall be resolved by the
dispute settlement procedures contained in Chapter of this Convention.
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PART
DEVELOPMENT AND TRANSFER OF TECHNOLOGY
CHAPTER ONE
GENERAL PROVISIONS
Article 1
1. All States either directly or through appropriate international organisations shall
co-operate within their capabilities to actively promote the development and transfer of
marine sciences and marine technology at fair and reasonable terms, conditions and
prices.
2. States in particular shall promote the development of the marine scientific and
technological capacity of developing States including land-locked and geographically
disadvantaged States in consonance with their economies and needs, with regard to
the exploration, exploitation, conservation and management of marine resources, the
preservation of the marine environment and the equitable and legitimate uses of the
marine environment compatible with this Convention, with a view to accelerating the
social and economic development of the developing States.
Article 2
All States, in promoting such co-operation, shall have proper regard for all
legitimate interests including, inter alia, the rights and duties of holders, suppliers
and recipients of technology.
Article 3
All States, either directly or through appropriate international organizations,
shall inter alia:
(a) promote the acquisition, evaluation and dissemination of marine
scientific and technological knowledge;
(b) promote the development of appropriate marino technology;
(c) promote the development of the necessary technological infrastructure
to facilitate the transfer of marine scientific technology in consonance
with the economy and the needs of the recipient country;
(d) promote the development of human resources through training and education
and especially the training of national personnel of a lesser developed
State;
(e) facilitate access to scientific and technological information and data; and
(f) promote international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.
*/ The definition of the words "geographically disadvantaged States" could be
considered in a special introductory Chapter of this Convention together with all other
definitions.
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Article 4
In order to achieve the above-mentioned objectives, States, either directly or
through the appropriate international organizations shall endeavour to, inter alia:
(a) establish programmes of technical co-operation for the effective transfer
of all kinds of marine technology to the developing States, particularly
the developing land-lccked States which, due to their geographically
disadvantaged situation, have not been able to either establish or develop
their own technological capacity in marine science and in the exploration
and exploitation of the marine resources, and to develop the infrastructure
of such technology;
(b) promote ravourable conditions for the conclusion of agreements, contracts
and other similar arrangements, under equitable and reasonable conditions;
(c) hold conferences, meetings and seminars on appropriate scientific and
technological subjects;
(d) promote the exchange of scientists, technologists and other experts;
(e) undertake projects, promote joint-ventures, mixed enterprises (including
State enterprises) and other forms of bilateral and multilateral co-operation.
CHAPTER TWO
INTERNATIONAL CO-OPERATION
Article 5
International co-operation for the development and transfer of technology shall,
where feasible and appropriate, be carried out through existing bilateral regional or
multilateral programmes, and also through expanded and new programmes to facilitate
marine scientific research and the transfer of marine technology in new fields.
Article 6
States, either directly or through appropriate international organizations shall
promote the establishment of universally accepted guidelines, taking into account in
particular the interests and needs of the developing States, for the transfer of marine
technology and other work in the field of transfer of technology on a bilateral basis
or within the framework of international organizations and other fora.
Article 7
States shall endeavour to ensure that international organizations competent in
the field of the transfer of technology co-ordinate their activities in this field,
including any regioral or international programmes, taking into account the interests
and needs of the developing States, including land-locked and geographically dis-
advantaged States.
Article 8
All States shall co-operate actively with the International Sea-bed Authority
established in accordance with this Convention, to encourage and facilitate the transfer
to developing States and their nationals of skills and technology with regard to
exploration of the international sea-bed area, the exploitation of its resources and
related activities.
/
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Article 9
The International Sea-bed Authority shall, within its competence concerning the
exploration of the international sea-bed area, the exploitation of its resources and
related activities, as provided for in Article , ensure:
(a) that nationals of developing States whether coastal, land-locked or
otherwise guographically disadvantaged, on an equitable geographical
distribution, be taken on under training as members of the managerial,
research and technical staff constituted for its undertakings;
(b) that the technical documentation on the relevant equipment, machinery,
devices and processes be made available to all developing States upon
request;
(c) that adequate provisions are made by it to facilitate the acquisition
by any developing State, or its nationals, of the necessary skills and
know-how including professional training;
(a) that the developing States, are assisted in the acquisition of necessary
equipment, processes, plant and other technical know-how through a special
fund or any other financial arrangement designed for this purpose.
CHAPTER THREE
REGIONAL MARINE SCIENTIFIC AND TECHNOLOGICAL CENTRES
Article 10
States shall promote, within their capabilities the establishment, especially in
developing States, of regional marine scientific and technological research centres,
in co-ordination with the International Sea-bed Authority when appropriate as well as
with international organizations and national marine scientific and technological
institutions, in order to stimulate and adv noe the conduct O. marine scientific
research by developing States.
Article 11
The functions of such regional centres shall include, inter alia:
(a) training and educational programmes at all levels on various aspects of
marine scientific and technological research, particularly marine biology,
including conservation and management of living resources, oceanography,
hydrography, engineering, geology, sea-bed mining and desalination
technologies;
(b) management studies;
(c) study programmes related to the preservation of the marine environment
and the control of pollution;
(a) organization of regional seminars, conferences and symposia;
(e) acquisition and processing of marine scientific and technological data
and information;
A/CONF.62/WP.8/Part III
page 25
(f) prompt dissemination of results of marine scientific and technological
research in readily available publications;
(g)
serving as a repository of marine technologies for the States of the
region covering both patented and non-patented technologies and know-how;
and
(h) technical co-operation to the countries of the region.
SETTLEMENT OF DISPUTES
SD.GI/21
cv.5
1 May 19
Original is
ENGLISH, PRUIS
HSH ONLY
For information purposes
Compliments of the Co-Chairmen of the
Informal Working Group on Settlement
of Disputes
To Heads of Delegations to the
Third United Nations Conference on
the Law of the Sea
GE.75-65068
SP.COM
:0.1/Rev.5
page
1 May 1975
H.E. Mr. Shirley Amerasinghe
President
Third United Nations Conference on the Law of the Sea
Dear Mr. President,
We are writing in our personal capacities as co-chairmen of the informal Working
Group on Settlement of Disputes which met during the Caracas session of the Conference all
and has continued to meet regularly during the present session. It was open to
participants in the Conference and has been attended at one time or another by
representatives from more than 60 countries, although some of these have participated
only in some of the meetings. The Working Group took a.s its basis for discussion the
alternative texts submitted at Caracas in Document A/CONF.62/L.7. This discussion
proved useful in developing an understanding of the various points of view represented
in the Group.
The attached opening Articles (1 - 4) were prepared for the consideration of the
Conference.
Following on these opening Articles, one suggested approach to dispute settlement
would be of a general nature - as illustrated by Annex I, Articles 5 - 17, together
sub-annexes dealing with conciliation, arbitration and a Law of the Sea Tribunal -
with although this approach could include special functional procedures under Article 6, for
example with respect to the sea-bed beyond national jurisdiction.
categories of disputes to special procedures of settlement as illustrated in Annex II.
Another approach would be functional, based upon the reference of specific
Some participants considered that a system of compulsory settlement should Other not be
participants disagreed with this point of view and thought that exceptions be
applied to disputes relating to maritime zones within national jurisdiction. should
kept to a minimum.
The Group considered also an additional prelíminary chapter on "Information and
Consultation" as shown in Annex III.
SD.Gp/2nd Session/No.1/Rev.5
page 3
In submitting the working paper to you for your information we would stress that
every participant in the work of the Group remains completely free to adopt whatever
view he or she thinks appropriate in relation to these texts.
As the question of disputes settlement is of concern to all three main Committees
as well as to the Conference as a whole, we are sending this letter and the accompanying
texts to the President of the Conference and to the Chairmen of the three Committees.
Yours sincerely,
(Signed) : A.O. Adede
(Signed): R. Galindo Pohl
(Signed): R.L. Harry
(Kenya)
(El Salvador)
(Australia)
FORD is LIBRARY DIVU30
SD.Gp/2nd Session/No.1/Rev.5
page 3
In submitting the working paper to you for your information we would stress that
every participant in the work of the Group remains completely free to adopt whatever
view he or she thinks appropriate in relation to these texts.
As the question of disputes settlement is of concern to all three main Committees
as well as to the Conference as a whole, we are sending this letter and the accompanying
texts to the President of the Conference and to the Chairmen of the three Committees.
Yours sincerely,
(Signed): A.O. Adede
(Signed): R. Galindo Pohl
(Signed): R.L. Harry
(Kenya)
(El Salvador)
(Australia)
SD.Gp/2nd Session/No.1/Rev.5
page 4
1 May 1975
CHAPTER
SETTLEMENT OF DISPUTES
ARTICLE
The Contracting Parties shall settle any dispute between them relating to the
interpretation or application of this Convention through the peaceful means indicated
in Article 33 of the Charter of the United Nations.
ARTICLE 2
Nothing in this Chapter shall impair. the right of the Contracting Parties to agree
at any time to settle a dispute between them which relates to the interpretation or
application of this Convention by any peaceful reans of their own choice.
ARTICLE 3
If the Contracting Parties which are parties to a dispute relating to the
interpretation or application of this Convention have accepted, through a general,
regional or special agreement, or some other instruments, an obligation to resort to
arbitration or judicial settlement, any party to the dispute may refer it to arbitration
or judicial settlement in accordance with such agreement or instruments in place of the
procedure specified in this Chapter, unless the parties agree otherwise.
ARTICLE 4
1. If a dispute arises between two or more Contracting Parties with respect to
the interpretation or application of this Convention, those Parties shall proceed
expeditiously to exchange views regarding settlement of the dispute.
2. Similarly, such an exchange of views shall be held whenever a procedure under
this Convention, or another procedure chosen by the parties, has been terminated without
a settlement of the dispute.
The Working Group recommends that the Conference consider the desirability
of including the following phrase in the preamble to the Convention: "Having regard to
the Declaration on Principles of International Law concerning Friendly Relations and "
Co-operation among States in accordance with the Charter of the United Nations
SD.Gp/2nd Session/No.1/Rev.
Annex I
page 1
ANNEX I
ARTICLE 5
"f the Contracting Parties which are parties to a dispute have agreed to settle a
dispute by 8 peaceful means of their own choice and have agreed on a time limit for such
proceedings, the procedure specified in this Chapter shall apply only after the
expiration of that time limit, provided that no settlement has been reached and the
agreement between the parties. does not preclude any further procedure.
ARTICLE 6
Where a chapter of this Convention provides a special procedure for settling all
or some disputes relating to the interpretation or application of that chapter, the
procedure specified in this Chapter shall apply only after that special procedure has
been concluded, provided that no scttlement has been reached and the relevant chapter
does not preclude any further procedure.
ARTICLE 7
1. Where no special procedure is provided for in other chapters of this Convention,
any Contracting Party which is party to a dispute relating to the interpretation or
application of this Convention may invite the other party or parties to the dispute to
submit the dispute to conciliation in accordance with Annex LA.
2. If the other party accepts this invitation, the conciliation procedure shall
proceed in accordance with Annex IA, subject to paragraph 3 below.
3. If a party to the dispute does not accept the invitation, or after accepting
the invitation refuses to appoint its members of the conciliation commission or the
chairman thereof, the party which has initiated the proceedings may terminate the.
proceedings by notifying the other party or parties to the dispute to this effect.
4. If the conciliation procedure is terminated in accordance with the preceding
paragraph, or if the dispute is not settled by conciliation, either party to the dispute
may resort to the procedure specified in this Chapter.
ARTICLE 8
1. Subject to the preceding provisions of this Chapter, any dispute relating to
the interpretation or application of this Convention which has not been settled in
accordance with those provisions shall be settled in accordance with the provisions of
Articles 9 and 10 of this Chapter. Any such dispute may be submitted to the tribunal
having jurisdiction under these Articles by application of any party to the dispute.
page 2
ARTICLE 9
1. In disputes relating to the interpretation or application of this Convention,
the following tribunals shall have jurisdiction to the extent and in the manner provided
for in this Chapter:
a. An arbitral tribunal constituted in accordance with Annex IB.
b. The Law of the Sea Tribunal constituted in accordance with Annex IC.
c. The International Court of Justice.
2. The jurisdiction of these tribunals with respect to a Contracting Party shall
be determined in accordance with the following provisions:
a. A Contracting Party, when ratifying this Convention, or otherwise expressing
its consent to be bound by this Convention, shall make a declaration that it accepts
with respect to decisions to be made in accordance with Article 10 of this Chapter the
jurisdiction of an arbitral tribunal, or the Law of the Sea Tribunal or the International
Court of Justice, or any two or three of them.
b. If a Contracting Party has not made such a declaration, it shall be subject to
the jurisdiction of [an arbitral tribunal [the Law of the Sea Tribunal].
c. A Contracting Party may also make or change a declaration at any time after it
becomes bound by this Convention. Any such declaration or change shall not affect any
proceeding already pending before a tribunal having jurisdiction under this Article.
d. Unless the parties agree otherwise, any case against a Contracting Party can
be submitted only to the tribunal the jurisdiction of which has been accepted by that
Party at the time the proceedings are being instituted.
ARTICLE 10
1. Subject to provisions of Articles 1 to 9 of this Chapter, the tribunal which
h-s jurisdiction over a Contracting Party under Article 9 shall be entitled to exercise
its jurisdiction in the following instances:
a. Primary jurisdiction over any dispute between Contracting Parties relating to
the interpretation or application of this Convention for which no special procedure has
been provided in another chapter of this Convention and in which no resort has been
made to conciliation procedure under Article 7 of this Chapter.
b. Secondary jurisdiction over any dispute between Contracting Parties relating
to the interpretation or application of this Convention which has not been settled by
conciliation procedure under Article 7 of this Chapter or to a special procedure
provided for in another chapter of this Convention unless that chapter expressly
excludes further procedure under this Chapter.
1/No.1/Rev.5
pays
c. Appellate jurisdiction, limited to cases specif GO :.. paragraph 4 of this
Article, over any dispute between Contracting Parties relating to the interpretation
or application of this Convention in which "v binding decision has been rendered as a.
resul of resort to a special procedure provided for in another chapter of this
Convention and in which an appellate procedure is not expressly excluded.
d. Special jurisdiction over any dispute arising under a clause in this
Convention, in the rules or regulations enacted thereunder, or in an agreement or
arrangement concluded pursuant to this Convention or related to the purposes of this
Convention, which expressly provides that a particular category of disputes be settled
in accordance with the procedure specified in this Chapter.
2. The jurisdiction under paragraph 1 (a) of this Article may not be exercised:
a. if another chapter of this Convention expressly excludes such jurisdiction
with respect to any dispute relating to that chapter; or
b. if another chapter of this Convention provides that any dispute relating to
that chapter shall be dealt with in accordance with a specified annex to this Chapter.
3. In any case submitted under paragraph 1 (b) of this Article, the findings of
fact made in accordance with a special procedure provided for in another chapter of
this Convention shall be considered conclusive unless one of the partics presents
positive proof that a gross error has been committed.
4. The jurisdiction under paragraph 1 (c) of this Article may be exercised only
when one of the parties to the dispute presents a claim that the decision rendered
under another chapter of this Convention was invalid because of:
a. lack of jurisdiction;
b. infringement of basic procedural rules;
c. abuse or misuse of power; or
d. gross violation of this Convention.
5. A claim under paragraph 4 of this Article must be submitted within three
months from the date of the contested decision.
ARTICLE 11
1. When dealing with a dispute relating to chapters
of this Convention,
the tribunal having jurisdiction under Articles 9 and 10 of this Chapter may, at the
request of one or more of the parties or on its own initiative, either
a. refer any scientific or technical matters to a committee of experts chosen
from the list of qualified persons prepared in accordance with Annex
; or
b. select four technical assessors from the list montioned in the preceding
subparagraph, who shall sit with the tribunal throughout all the stages of the
SD.Gp/2nd Session/No.1/Rev.5
Annex I
page 4
2. In a case referred to a committee of experts under subparagraph 1 (a) of this
Article, if the dispute is not settled on the basis of the committee's opinion, either
par " to the dispute may request that the tribunal proceed to consider the other aspects
of the dispute, taking into consideration the findings of the committee and other
rertinent information.
ARTICLE 12
1. Upon the request of any Contracting Party which is a party to a dispute, the
tribunal to which a dispute has been submitted under Article 9 shall have the power to
rescribe, if it considers that circumstances so require and after giving the parties
to the dispute an opportunity to be heard, such provisional measures, consistent with
the main purposes and basic principles of this Convention, as it considers appropriate
for the preservation of the respective rights of the parties and for minimizing damage
to any party pending final adjudication.
2. If in the course of a dispute settlement procedure commenced under this
Convention an additional dispute shall arise between two or more Contracting Parties
as to the need for provisional measures to preserve the respective rights of the
parties to such a procedure, or as to the content or extent of such measures, and if
the organ to which the main dispute has been submitted has not yet been constituted or
does not have the power to prescribe such measures, the
shall have jurisdiction
to prescribe such measures. These measures shall remain in force until an organ
dealing with the merits of the dispute, and having the power to prescribe provisional
measures, decides otherwise.
3. Notice of any provisional measures prescribed under this Article shall be
given forthwith to the parties to the dispute and to all Contracting Parties.
4. Any provisional measures prescribed under this Article or an annex to this
Chapter shall be binding upon the parties to the dispute. In any case in which the
International Court of Justice has jurisdiction under Article 9 of this Chapter, any
provisional measures. indicated by that Court shall be binding on the parties to the
dispute.
ARTICLE 13
1. The tribunals specified in Article 9 of this chapter, shall be open to the
Contracting Parties.
2. The conditions under which these tribunals shall be open to other States, to
territories participating as observers in the Third Law of the Sea Conference, to
in
this
SD.Gp/2nd Session/No.1/Rev.5
Annex I
page 5
Convention, to natural and juridical persons, shall be laid down by the Contracting
Parties at a meeting to be held as soon as possible after coming into force of this
Conv. tion.
3. The provisions of this Article shall be without prejudice to the access,
specified in this Convention, to any special procedure provided for in other chapters
of this Convention.
4. The relevant provisions of paragraph 2 of this Article shall not apply to the
International Court of Justice as long as that court is not open to entities other
than St tes.
ARTICLE 14
1. In the case of a dispute between two or more Contracting Parties relating to
the exercise by a coastal State of its enforcement jurisdiction in accordance with this
convention, or relating to its exercise of jurisdiction over resources in the economic
zone, a Contracting Party shall not be entitled to submit a dispute to the procedure
specified in Articles 9 and 10 of this chapter, if local remedies have not been
previously exhausted as required by international law.
2. In any other dispute relating to the interpretation and application of this
Convention, a Contracting Party which has taken measures alleged to be contrary to this
Convention shall not be entitled to object to the jurisdiction of the tribunal under
Articles 9 and 10 of this Chapter solely on the ground that local remedies have not
been exhausted as required under international law.
ARTICLE 15 /
1. In case of the detention by the authorities of a Contracting Party of a vessel.
flying the flag of another Contracting Party, cr of its crew or passengers, in
connection with a violation of this Convention, the owner or operator of the vessel,
or a member of the crew or a. passenger of the vessel, shall have the right to bring
the question of detention before the Law of the Sea Tribunal in order to secure prompt
release of the vessel or of its crew or passengers in accordance with the applicable
provisions of this Convention, including the presentation of a bond, and without
prejudice to the merits of any case against the vessel, or its crew or passengers.
/
This article may be later located in somo other chapter or chapters of this
Convention.
Annex I
page 6
2. The Statute of the Law of the Sea Tribunal shall provide for an accelerated
procedure to deal with cases under the preceding paragraph.
3. The decision of the Tribunal that the vessel, or its crew or passengers, be
released shall be promptly complied with by the authorities of the Contracting Party
concerned.
ARTICLE 16
1. In any dispute submitted to the tribunal having jurisdiction under Articles
9 and 10 of this Chapter, the tribunal shall apply the law of this Convention and any
other applicable law.
2. In any such dispute the tribunal shall ensure that the rule of law is observed
in the interpretation and application of this Convention.
3. The provisions of this Chapter shall not prejudice the right of the parties to
the dispute to agree that the dispute be settled ex acquo et bono.
ARTICLE 17
*
/
1. When ratifying this Convention, or otherwise expressing its consent to be
bound by it, a State may declare that, with respect to any dispute arising out of the
exercise by a coastal State of its exclusive jurisdiction under this Convention, it
limits its acceptance of some of the dispute settlement procedures specified in this
Convention to those situations in which it is claimed that a coastal State has violated
its obligations under this Convention by:
(a) interfering with the freedoms of navigation or overflight or of the laying of
submarine cables or pipelines, or related rights and duties of other States;
(b) failing to have due regard to other rights and duties of other States under
this Convention;
(c) not applying international standards or criteria established by this
Convention or in accordance therewith; or
(d) abusing or misusing the rights conferred upon it by this Convention (abus ou
detournement de pouvoir) to the disadvantage of another Contracting Party.
/
The precise drafting and implications of this Article, in particular of
paragraph 3 (a), will require further examination in the light of the substantive
provisions of this Convention.
SD.Cp/2nd Session/No
Annex I
page 7
2. If one of the parties to a dispute has made such a declaration and if the
part_ S to a dispute are not in agreement as to whether the dispute involves a
violation of this Convention specified in the preceding paragraph, this preliminary
question shall be submitted to decision by the tribunal having jurisdiction under
Articles 9 and 10 of this Convention.
3. Whether or not it has made a declaration under paragraph 1 of this Article,
a State may declare, when ratifying this Convention, or otherwise expressing its
consent to be bound by it, that it does not accept some [or all] of the procedures for
the settlement of disputes specified in this Convention with respect to one or more of
the following categories of disputes:
(a) Disputes arising out of the exercise of discretionary rights by a coastal
State pursuant to its regulatory and enforcement jurisdiction under this Convention,
except in cases involving an abuse of power.
(b) Disputes concerning sea boundary delimitations between adjacent States, or
those involving historic bays or titles, provided that the State making such a
declaration shall indicate therein a regional or other third-party procedure, [whether
or not] entailing a binding decision, which it accepts for the settlement of these
disputes.
(c) Disputes concerning military activities, including those by government
vessels and aircraft engaged in non-commercial service, but law enforcement activities
pursuant to this Convention shall not be considered military activities.
(a) Disputes or situations in respect of which the Security Council of the
United Nations is exercising the functions assigned to it by the Charter of the
United Nations, unless the Security Council has determined that specified proceedings
under this Convention would not interfere with the exercise of such functions in a
particular case.
(e)
(f)
4. A Contracting Party, which has made a declaration under paragraphs 1 or 3 of
this Article, may at any time withdraw all or part of its exceptions.
5. If one of the Contracting Parties has made a declaration under paragraphs
1 or. 3 of this Article; any other Contracting Party may enforce the same exception in
regard to the Party which made the declaration.
SD.Gp/2nd Session/No.1/Rev.5
Annex IA.
page 1
ANNEX IA. CONCILIATION
1. Any reference of a dispute to the conciliation procedure provided for in this
Ann x shall be ulject to the provisions of Article 7 of Chapter
of this
Convention.
2. A list of conciliators shall be drawn up and maintained by the
.
To
this end, every Contracting Party shall nominate four conciliators, each of whom
shall be a person enjoying the highest reputation for fairness, competence and
integrity. The names of the persons so nominated shall constitute the list. The
term of a conciliator, including that of any conciliator nominated to fill a casual
vacancy, shall be five years and may be renewed. A conciliator whose term expires
shall continue to fulfil any function for which he shall have been chosen under the
following paragraph.
3. Whenever a dispute is referred to conciliation under Article 7 of Chapter
of this Convention, the party or parties initiating this procedure shall notify the
who shall assist the parties in the establishment of a conciliation
commission. This commission shall be constituted as follows:
a. The State or States constituting one of the parties to the dispute shall
appoint:
(I) one conciliator of the nationality of that State or of one of those States,
who may or may not be chosen from the list referred to in paragraph 1; and
(II) one conciliator not of the nationality of that State or of any of those
States, who shall be chosen from the list.
b. The State OT States constituting the other party to the dispute shall appoint
TWO conciliators in the same way. The four conciliators chosen by the parties shall
he appointed within thirty days following the date on which the Registrar receives the
notification.
c. The four conciliators shall, within thirty days following the date of the
last of their own appointments, appoint a fifth conciliator chosen from the list, who
chall be chairman.
d. If the appointment of the chairman or of any of the other conciliators has
rot been made within the period prescribed above for such appointment, it shall be
made by the
within thirty days following the expiry of that period.
The appointment of the chairman may be made by the
from the list referred
to in paragraph 1. Any of the periods within which appointments must be nade may be
extended by agreement between the parties to the dispute.
e. Any vacancy shall be filled in the manner prescribed for the initial
SD.Gp/2nd Sessice/Ro.1/Rev.5
Annex IA.
page 2
4. The Conciliation Commission shall decide its own procedure. The Commission,
with the consent of the parties to the dispute, may invite any Contracting Party t.
submit to it its views orally or in writing. Decisions and recommendations of the
Commission shall be made by a majority vote of the five members.
5. The Commission may drav the attention of the parties to the dispute to any
measures which might facilitate an amicable settlement.
6. The Commission shall hear the parties, examine their claims and objections, an
make proposals to the parties with a view to reaching an amicable settlement of th-
dispute.
7. The Commission shall report within twelve months of its constitution. Its
report shall be deposited with the
and transmitted to the parties to
the dispute. The report of the Commission, including any conclusions stated there
regarding the facts or questions of law, shall not be binding upon the parties and
it shall have no other character than that of recommendations submitted for the
consideration of the parties in order to facilitate an amicable settlement of the
dispute.
8. The
shall provide the Commission with such assistance and faciliti
as it may require. The fees and expenses of the Commission shall be borne by the
United Nations.
SD.Gp/2nd Session/No.1/Rev.5
Annex IB.
page 1
ANNEX 1B. ARBITRATION
1. Any reference of a dispute to the arbitration procedure provided for in
this Annex shall be subject to the provisions of Chapter
of this Convention.
2. Unless the parties agree otherwise, the arbitration tribunal shall be
constituted as follows:
a. The Arbitration Tribunal shall consist of five members. Each
Contracting Party which is a party to the dispute shall appoint one member, who may
be its national. The three other members shall be appointed by agreement from
among the nationals of third States. These three members must be of different
nationalities and must not be habitually resident in the territory nor be in the
service of any of the parties to the dispute. The parties to the dispute shall
appoint the President of the Tribunal from among these three members.
b. The request for arbitration by any party to the dispute shall be
accompanied by the appointment by that party of a member of the Arbitration Tribunal.
If within a period of sixty days from the date of receipt of the request for
arbitration, the other party to the dispute has not appointed a member, the
shall, upon request of the party which had indicated the procedure of arbitration,
appoint the member for the other party.
c. The same method of appointment shall apply if, within a period of
sixty days from the date of receipt of the request for arbitration, the parties are
unable 'to reach agreement on the appointment of one or more of the members of the
Tribunal to be designated jointly, or on the appointment of the President, and if
either party to the dispute requests the
to make the remaining appointment
or appointments. The appointments to be made by the
shall be made within
a period of ninety days after his receipt of the request after consultations with
the parties and appropriate international organizations, from among persons
experienced in law of the sea questions and having special expertise in the subject
matter of the dispute.
d. Vacancies which may occur as a result of death, resignation or any
other cause shall be filled in the manner fixed for the original appointments.
e. Should a dispute arise between more than two States, and should
there be several parties in the same interest, they shall appoint one member of the
Tribunal jointly by agreement. Should there be, however, several parties having
separate interests, each of them shall appoint one member of the Tribunal, but in
SD.Gp/2nd Session/No.1/Rev.5
Annex IB.
page 2
such a case the number of members of the Tribunal appointed separately by the
parties shall always be smaller by one than the number of members of the Tribunal
to be appointed from among the nationals of other States. Subparagraphs (a) - (d)
of this Article shall apply, to the maximum extent possible, in cases involving more
than two states. In case of a dispute about the applicability of this paragraph,
the
shall decide that question.
3. In the absence of an agreement to the contrary between the parties to the
dispute, the Arbitration Tribunal shall lay down its own procedure assuring to each
party a full opportunity to be heard and to present its case. If the Tribunal is
unable to agree on its rules of procedures, Part IV of the Hague Convention for the
Pacific Settlement of International Disputes of 1907 shall apply.
4. Upon the request of any party or parties to the dispute, the Arbitration
Tribunal shall have the power to prescribe, if it considers that circumstances so
require and after giving the parties to the dispute an opportunity to be heard, such
provisional measures as it considers appropriate for the preservation of the
respective rights of the parties and for minimizing damage to any party pending the
final decision of the Tribunal. Such measures shall be binding upon the parties.
5. The parties to the dispute shall facilitate the work of the Arbitration
Tribunal and, in particular, in accordance with their legislation and using all means
at their disposal:
(a) provide the Tribunal with all relevant documents and information; and
(b) enable the Tribunal when necessary to enter their territories, to hear
witnesses or experts, or to visit the localities in question.
6. Unless the Arbitration Tribunal determines otherwise because of the
particular circumstances of the case, the expenses of the Tribunal, including the
renumeration of its members, shall be borne by the parties to the dispute in equal
shares.
7. Decisions of the Arbitration Tribunal shall be taken by a majority vote.
The absence or abstention of one or two of the members shall not constitute an
impediment to the Tribunal reaching a decision. In the event of an equality of
votes, the President shall have a casting vote.
8. Absence or default of any party to the dispute shall not constitute an
impediment to the procedure. Before deciding in favour of any party, the
Arbitration Tribunal must satisfy itself not only that it has jurisdiction over the
dispute but also that the claim is well founded in fact and law.
SD.Gp/2nd Session/No.1/Rev.5
Annex IB.
page 3
9. The award of the Arbitration Tribunal shall be accompanied by a statement
of reasons. Any member of the Tribunal may attach a separate or dissenting opinion
to the award.
10. The award shall be final and without appeal. The parties to the dispute
shall immediately comply with the award.
11. Any controversy which may arise between the parties to the dispute as
regards the interpretation or execution of the award may be submitted by either party
for decision to the Arbitration Tribunal which made the award, or, if not available,
to another Arbitration Tribunal constituted for this purpose in the same manner as the
original Tribunal.
S9.6p/2nd Session/Ho.1/Rev.5
Annex !!.
page 1
ANNEX IC. STATE OF THE III CF THE SEA TRIBUNAL
ARTICLE 1
1. The Law of the Nea Tribunal shall be constituted and shall function in
accordance with the provisions of the Law of the Sea Convention and the present
Statute.
2. Any reference of 8 dispute to the Tribunal shall be subject to the provisions
of Chapter
of this Convention.
CHAPTER I. ORGANIZATION OF THE TRIBUNAL
ARTICLE 2
1. The Tribunal shall be composed of a body of independent judges, elected
regardless of their nationality from among persons of high moral character, who are
lawyers of recognized competence in law of the sea matters.
2. In the Tribunal as E whole the representation of the principal legal
systems of the world shall be assured.
ARTICLE 3
1. The Tribunal shall consist of nine members, no two of whom may be nationals
of the same State.
2. A person who for the purposes of membership in the Tribunal could be
regarded as a national of more than one State shall be deemed to be a. national of the
one in which he ordinarily exercises civil and political rights.
3. The Contracting Parties, may, taking into consideration the workload of the
Tribunal, increase the number of members of the Tribunal up to fifteen, or decrease
it again down to nine. Such a decision shall recuire a two-thirds vote of all the
Contracting Parties.
ARTICLE 4
1. The members of the Tribunal shall be elected from a list of persons having
the qualifications prescribed in Article 2 and nominated for the purpose by the
Contracting Parties. Each Contracting Party may nominate not more than two persons.
2. At least three months before the date of the election, the Secretary-General
of the United Nations in the case of the first election and the Registrar of the
Tribunal in the case of subsequent elections shall address a written invitation to
the Contracting Parties to submit their nominations for members of the tribunal within
SD.Gp/2nd Session/No.1/Rev.5
Annex IC.
page 2
three months. He shall prepare a list in alphabetical order of all the persons thus
ominated, with an indication of the Contracting Parties which have nominated them,
and shall submit it to the Contracting Parties at the beginning of the last month
before the date of each election.
3. The first election shall be held no later than six months after the date
of entry into force of this Convention.
4. Elections of the members of the Tribunal shall be by secret ballot.
ARTICLE 5
1. The members of the Tribunal shall be elected for nine years and may be
re-elected; provided, however, that of the judges elected at the first election, the
terms of three members shall expire at the end of three years and the terms of three
more members shall expire at the end of six years.
2. The members of the Tribunal whose terms are to expire at the end of the
above-mentioned initial periods of three and six years shall be chosen by lot to be
drawn by the Secretary-General of the United Nations immediately after the first
election has been completed.
3. Any decision of the Contracting Parties to increase or decrease the number
of members of the Tribunal shall contain appropriate provisions for ensuring the
system of staggered terms provided for in this Article.
4. The members of the Tribunal shall continue to discharge their duties until
their places have been filled. Though replaced, they shall finish any cases which
they may have begun.
5. In the case of the resignation of a member of the Tribunal, the resignation
shall be addressed to the President of the Tribunal. The place becomes vacant on the
receipt of the letter of resignation.
ARTICLE 6
1. Vacancies shall be filled by the same method as that laid down for the first
election, subject to the following provision: the Registrar shall, within one month
of the occurrence of the vacancy, proceed to issue the invitations provided for in
Article 4, and the date of the election shall be fixed by the President of the Tribunal
after consultation with Contracting Parties.
The method of election of members of the Tribunal is left for future
consideration.
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2. A member of the Tribunal elected to replace a member whose term cf office
has not expired shall hold office for. the remainder of his predecessor's term.
ARTICLE 7
1. No member of the Tribunal may exercise any political or administrative
function, or associate activity with or be financially interested in any of the
operations of any enterprise concerned with the exploration or exploitation of the
resources of the sea or the seabed or other commercial use of the sea or the seabed.
2. Any doubt on this point shall be settled by the decision of the Tribunal.
ARTICLE 8
1. No member of the Tribunal may act as agent, counsel, or advocate in any case.
2. No member may participate in the decision of any case in which he has
previously taken part a.s agent, counsel, or advocate for one of the parties, or as a
member of a national or international court, or in any other capacity.
3. Any doubt on this point shall be settled by the decision of the Tribunal.
ARTICLE 9
If, in the unanimous opinion of the other members of the Tribunal, a member has
ceased to fulfill the required conditions, the President of the Tribunal shall declare
the seat vacant.
ARTICLE 10
The members of the Tribunal, when engaged on the business of the Tribunal, shall
enjoy diplomatic privileges and immunities.
ARTICLE 11
Every member f the Tribunal shall, fore taking up his duties, make a solemn
declaration in open session that he will exercise his powers impartially and
ccr scientiously.
ARTICLE 12
1. The Tribunal shall elect its President and Vice-President for three years;
they may be re-elected.
2. The Tribunal shall appoint its Registrar and may provide for the appointment
of such other officers as may be necessary.
ARTICLE 13
1. The seat of the Tribunal shall be established at
or at such
other place as shall at any time be approved at a meeting of the Contracting Parties
on the recommendation of the Tribunal. This, however, shall not prevent the Tribunal
from sitting and exercising its functions elsewhere whenever the Tribunal considers
it desirable.
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2. The President and the Registrar shall reside at the seat of the Tribunal.
ARTICLE 14
1. The Tribunal may from time to time form one or more chambers, composed of
three or more members as the Tribunal may determine, for dealing with particular
categories of cases; for example, cases relating to fishing or seabed exploration
or exploitation. The members of each chamber shall be elected from among the members
of the Tribunal having regard to any special knowledge, expertise or previous
experience which any of the members of the Tribunal may have in relation to the
category of cases for which the chamber has been formed. After each election, the
Registrar shall communicate to all the Contracting Parties the names of the members
of the Tribunal assigned to various chambers.
2. The Tribunal may at any time form a chamber for, dealing with a particular
case. The composition of such a. chamber shall be determined by the Tribunal with the
approval of the parties.
3. Cases shall be heard and determined by the chambers provided for in this
Article if the parties so request.
4. A judgment given by any of the chambers provided for in this Article and
Article 15 shall be considered as rendered by the Tribunal.
ARTICLE 15
With a view t the speedy despatch CF business, including the issuance of
provisional orders of protection under Article 26 of the Statute, the Tribunal shall
form annually = chamber composed of three or more members which, at the request of the
parties; may hear and determine cases by summary procedure. In addition, two members
shall be selected for the purpose of replacing members who find it impossible to sit.
ARTICLE 16
1. The Tribunal 'shall frame rules for carrying cut its functions. In particula
it shall lay down rules of procedure.
2. When a dispute involves technical questions, such as safety of navigation,
ship construction, pollution, scientifi research, fishing, or seabed exploration or
exploitation, the Tribunal, or the changer dealing with the dispute, shall be assisted
in consideration of the case by two or more technical assessors sitting with it but
without the right to vote. These assessors shall be chosen by the President of the
Tribunal from the list of qualified persons prepared pursuant to the Rules of the
Tribunal.
FORD
SD.Gp/2nd Session/No.1/Rev.5
Annex IC.
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3. The Tribunal shall, whenever it deems it desirable or the parties to a case
request it, refer technical issues cf fact to a fact-finding board for non-binding
advice. The members of such a board shall be selected from the list provided for in
paragraph 2 of this Article.
ARTICLE 17
1. Members of the nationality of each of the parties shall retain their right
to sit in the case before the Tribunal.
2. If the Tribunal includes upon the Bench a member of the nationality of one
of the parties, any other party may choose a person to sit as member.
3. If the Tribunal includes upon the Bench no member of the nationality of the
parties, each of these parties may proceed to choose a member as provided in
paragraph 2 of this Article.
4. The provisions of this Article shall apply to the case of Articles 14 and 15.
In such cases, the President shall request one or, if necessary, two of the members of
the Tribunal forming the chamber to give place to the members of the Tribunal of the
nationality of the parties concerned, and, failing such, or if they are unable to be
present, to the members specially chosen by the parties.
5. Should there be several parties in the same interest, they shall, for the
purpose of the preceding provisions, be reckoned as one party only. Any doubt upon
this point shall be settled by the decision of the Tribunal.
6. Members chosen as laid down in paragraphs 2, 3, and 4 of this Article shall
fulfill the conditions required by Articles 2, 8(paragraph 2), and 11. of the present
Statute. They shall take part in the decis on on terms of CC plete equality with their
a leagues.
ARTICLE 18
1. Each member of the Tribunal shall receive an annual salary and a special
allowance in respect of each session in which he participates.
2. The President shall receive a special annual allo ance.
3. The Vice-President shall receive a special allowance for every day on
which he acts as President.
4.
The members chosen under Article 17, other than members of the Tribunal,
shall receive compensation for each day on which they exercise their functions.
5. These salaries, allowances, and compensation shall be fixed from time to time
at a meeting of the Contracting Parties, taking into account the workload of the
Tribunal. They may not be decreased during the term of office.
Gp/2nd Session/lio.1/Rev.5
lanex IC.
ge 6
6.
The salary of the Registrar shall be fixed at C meeting of the Contracting
on the proposal of the Tribunal.
7.
Regulations made at the meeting of the Contracting Porties shall f.x the
conditions under which retirement pensions may be given to members of the Tribunal
= a to the Registrar, and the onditions under which members of the Tribunal and
Registrar shall have their traveling expenses refunded.
8. The above salaries, allowances, and ( mpensation shall be free of all
resation.
ARTICLE 19
The expenses of the Tribunal shall be borne by the Contracting Parties and
mational organizations having access to the Tribunal in such a manner as shall
in decided at a meeting of the Contracting Parties.
CHAPTER II. COMPETENCE OF THE COURT
ARTICLE 20
States, international organizations, and natural and juridical persons may be
parties before the Tribunal in any case expressly provided for in this Convention
or in an international agreement, public or private, accepted by all the parties
to the dispute.
ARTICLE 21
1. As provided for in Article 13 of (hapter
of this Convention, the
Tribunal shall be open t the Contracting Parties.
2.
The conditions under which the Tribunal shall be open to other States,
international organizations and natural and juridical persons shall be laid down by
the Contracting Parties at a meeting to be held as soon AS possible after coming
into force of this Convention.
3. When a State which is not a party to this Convention, or an organization or
person is a in party to a case, the Tribunal shall fix the amount which that party is to
contribute towards the expenses of the Tribunal. This provision shall not apply if
such State or organization is bearing a share of the expenses of the Tribunal.
ARTICLE 22
The jurisdiction of the Tribunal shall comprise all disputes submitted to it in
accordance with this Convention and all matters specifically FI vided for in any
other international agreement, public 01 private, which confers jurisdiction on the
Tribunal, as specified in Article 10 of Chapter
of this Convention.
Annex IC.
page 7
ARTICLE 23
Subject to Article 3 of Chapter
of this Convention, whenever a treaty or
convention already in force provides for reference to a special tribunal of a subject
matter covered by this Convention, the parties tc such a treaty or convention may
agree to refer the matter to the Law of the Sea Tribunal.
ARTICLE 24
1. The Tribunal shall decide all disputes submitted t, it in accordance with
Article 16 of Chapter
of this Convention relating to applicable law.
2. Subject to an authorization under Article 96 of the Charter of the
United Nations, the Tribunal may request the International Court of Justice to give
an advisory opinion on any question of international law.
CHAPTER III. PROCEDURE
ARTICLE 25
1. Cases are brought before the Tribunal, as the case may be, either by the
notification of the special agreement or by a written application addressed by a party
or parties to the dispute to the Registrar. In either case the subject of the dispute
and the parties shall be indicated.
2. The Registrar shall forthwith communicate the application to all concerned.
3. He shall also notify all Contracting Parties.
ARTICLE 26
1. The Tribunal shall have the power to prescribe, if it. considers that
circumstances so require, any provisional measures which ought to be taken to preserve
the respective rights of the parties and ti minimize damage to any party pending final
adjudication.
2. If the Tribunal is not in session, the provisional measures shall be
, escribed by the Chamber of Summary Procedure to be established under Article 15 of
this Statute.
3. Notice of the measures prescribed by the Tribunal shall forthwith be given
to the parties and to all Contracting Parties.
4. The interim measures prescribed by the Tribunal, or its chamber, shall be
binding upon the parties.
ARTICLE 27
The Tribunal shall make orders for the conduct of the case, shall decide the form
and time in which each party must present its arguments, and make all arrangements
connected with the taking of evidence.
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ARTICLE 28
1. Whenever one of the parties does not appear before the Tribunal. or fails to
deic id its case, the other party may call upon the Tribunal to decide in favor of its
claim.
2. The Tribunal must, before doing so, satisfy itself, not only that it has
jurisdiction, but also that the claim is well founded in fact and law.
ARTICLE 29
1. All questions shall be decided by a. majority of the members of the Tribunal
who are present.
2. In the event óf anequality of votes, the President or the member who acts
in his place shall have a casting vote.
ARTICLE 30
1. The judgment shall state the reasons on which it is based.
2. It shall contain the names of the members of the Tribunal who have taken
part in the decision.
3. If the judgment does not represent in whole or in part the unanimous
opinion of the members of the Tribunal, any member shall be entitled tc deliver a
separate opinion.
ARTICLE 31
The decision of the Tribunal has no binding force except between the parties
and in respect of that particular case.
ARTICLE 32
1. Should a State or a public international organization consider that it has an
interest of a legal nature which may be affected by the decision in the case, it may
submit a request to the Tribunal to be permitted to intervene.
2. It shall be for the Tribunal to decide upon this request.
ARTICLE 33
1. Whenever the interpretation or application of this Convention is in question,
the Registrar shall notify all Contracting Parties forthwith.
2. Every Contracting Party so notified has the right to intervene in the
proceedings; but if it uses this right, the construction given by the judgment will
be equally binding upon it.
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ARTICLE 34
The judgment is final and without appeal. In the event of dispute as to the
meaning or scope of the judgment, the Tribunal shall construe it upon the request
of any party.
ARTICLE 35
Unless otherwise decided by the Tribunal, each party shall bear its own costs.
CHAPTER IV. AMENDMENT
ARTICLE 36
1. Amendments to the present Statute shall be effected by the same procedure
as is provided by the Law of the Sea Convention for amendments to that Convention.
2. The Tribunal shall have power to propose such amendments to the present
Statute as it may deem necessary, through written communications to the Contracting
Parties, for consideration in confermity with the provisions of paragraph 1 of this
Article.
SD.Gp/2nd Session/No.1/Rev.5
Annex II
page 1
ANNEX II
SPECIAL PROCEDURES
CHAPTER , FISHERIES
Art.
1. Any dispute between two or more Contracting Parties concerning the application of
articles (...) of this chapter, if not settled by negotiation, shall, at the request of
any of the parties to the dispute, be submitted to a special committee of 51 members
appointed by agreement between the parties and selected from a list of exports on legal,
administrative or scientific aspects of marine fisheries, established by the United
ations Food and Agriculture Organization.
2. Failing agreement among the parties within a period of 13] months of the request
for settlement of the dispute, the members of the special committee shall, at the
request of any party to the dispute, be appointed within a further period of 3 months
by the Director-General of FAO, in consultation with the parties to the dispute.
3. Each Contracting Party may designate, for inclusion in the list of experts
established by FAO, X duly qualified person(s) specializing in the: (a) logal,
(b) administrative, and (c) scientific aspects of fisheries.
4. The special committee shall so organize its own procedures as to ensure that each
party has the opportunity to be heard and to present its case. It shall also decide how
the costs and expenses are to be apportioned between the parties to the dispute, failing
agreement by the parties on this matter.
5. The special committee may, at the request of any of the parties, decide on any
provisional measures it may deem necessary to protect the rights of the parties to the
dispute. These measures shall be binding on the parties.
6. The special committee shall give its decision within five months of the date of
appointment of its members, unless it decides that it is necessary to extend the
time-limit for a further period which shall not exceed three months.
7. In reaching its decisions, the special committee shall comply with these articles
and with the rules of general international law and any special agreements reached
between the parties to the dispute with a view to settling the dispute.
8. The decisions of the special committee shall be adopted by a majority vote
[and shall be binding on the parties to the dispute].
*
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page 2
CHAPTER
POLLUTION
Art
1. Any dispute between two or more Contracting Parties concerning the application of
articles (...) of this chapter, if not settled by negotiation, shall, at the request of
any of the parties to the dispute, be submitted to a committee of X members appointed
by agreement between the parties and selected from a list of experts on scientific and
technical marine pollution problems established by IMCO.
2. Failing agreement among the parties within a period of X months, the members of
the committee shall, at the request of any party to the dispute, be appointed within a
further period of X months by the Secretary-General of IMCO, in consultation with the
parties to the dispute.
3. Each Contracting Party may designate, for inclusion in the list of experts
established by IMCO, [x] person(s) whose competence in matters of pollution control and
conservation of the marine environment is established and generally recognized.
4. The committee may, at the request of any of the parties, decide on any provisional
measures it may deem necessary to protect the rights of the parties to the dispute.
These measures shall be binding on the parties.
5. The committee shall give its decision within [.] of having been set up. In an
emergency, this period may be reduced by agreement between the parties or by a decision
of the committee.
6. The decisions of the committee shall be adopted by a majority vote [and shall be
binding on the parties to the dispute].
[7. The parties concerned may agree to request the committee to carry out an
investigation and establish the facts giving rise to any dispute concerning the
interpretation or the application of the provisions of this chapter. In this case, the
findings of the committee shall be considered as conclusive. The committee may, on
this occasion, formulate recommendations which, without having the force of 8. decision,
shall constitute the basic for a review, by the parties concerned, of the question
giving rise to the dispute.]
SD.Gp/2nd Session/No.1/Rev.5
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page 3
CHAPTER . SCIENTIFIC RESEARCH
Art
1. Any dispute between two or more Contracting Parties concerning the application of
articles (...) of this chapter, if not settled by negotiation, shall, at the request of
an, of the parties to the dispute, be submitted to a committee of X members appointed
by agreement between the parties and selected from a list of experts on marine
scientific problems established by the Intergovernmental Oceanographic Commission.
2. Failing agreement among the parties within a period of X months, the members of
the committee shall, at the request of any party to the dispute, be appointed within a
further period of X months by the Director-General of UNESCO, after consultation with
the Chairman of the Intergovernmental Oceanographic Commission.
3. Each Contracting Party may designate, for inclusion in the list of experts
established by IOC, X person(s) whose competence in the field of marine scientific
research is established and generally recognized.
4. The committee may, at the request of any of the parties, decide on any provisional
measures it may deem necessary to protect the rights of the parties to the dispute.
These measures shall be binding on the parties.
5. The committee shall give its decision within [.] of being set up. In an emergency,
this period may be reduced by agreement between the parties or by a decision of the
committee.
6. The decisions of the committee shall be adopted by a majority vote [and shall be
binding on the parties to the dispute].
7. [The parties concerned may agree to request the committee to carry out an
investigation and to establish the facts giving rise to any dispute concerning the
interpretation or the application of the provisions of this chapter. In this case, the
findings of the committee shall be considered as conclusive. The committee may, on this
occasion, formulate. recommendations which, without having the force of a decision, shall
constitute the basis for a review, by the parties concerned, of the question giving rise
to the dispute.
SD.Gp/2nd Session/No.1/Rev.
Annex III
ANNEX III
CHAPTER
.
INFORMATION AND CONSULTATION
ARTICLE 1
1. The Contracting Parties, wishing to minimize the occurrence of disputes
between them, recognize the desirability of making information available to each other,
as promptly as possible, regarding the adoption or application of measures (including
legislation, regulations, administrative notices and boundary determinations) falling
within the scope of this Convention.
2. For this purpose, each Contracting Party shall communicate such information
to the Secretariat of the United Nations, or any other international organization
designated by the Secretary-General of the United Nations, which shall promptly publish
such information, as well as any reservations, objections and protests communicated by
other States in connexion with such information.
ARTICLE 2
Each Contracting Party shall respond promptly to a request by any other
Contracting Party for consultation with respect to the adoption or application of
measures referred to in the preceding article.