UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
PREAMBLE
The States Parties to
this Convention,
Prompted by the desire to settle, in a spirit of mutual
understanding and cooperation, all issues relating to the law of the sea and
aware of the historic significance of this Convention as an important
contribution to the maintenance of peace, justice and progress for all peoples
of the world,
Noting that developments since the United Nations
Conferences on the Law of the Sea held at Geneva in 1958 and 1960 have
accentuated the need for a new and generally acceptable Convention on the law
of the sea,
Conscious that the problems of ocean space are
closely interrelated and need to be considered as a whole,
Recognizing the desirability of establishing through
this Convention, with due regard for the sovereignty of all States, a legal
order for the seas and oceans which will facilitate international
communication, and will promote the peaceful uses of the seas and oceans, the
equitable and efficient utilization of their resources, the conservation of
their living resources, and the study, protection and preservation of the
marine environment,
Bearing in mind that the achievement of these goals will
contribute to the realization of a just and equitable international economic
order which takes into account the interests and needs of mankind as a whole
and, in particular, the special interests and needs of developing countries,
whether coastal or land-locked,
Desiring by this Convention to develop the
principles embodied in resolution 2749 (XXV) of 17 December 1970 in which the
General Assembly of the United Nations solemnly declaredinter alia that
the area of the seabed and ocean floor and the subsoil thereof, beyond the
limits of national jurisdiction, as well as its resources, are the common
heritage of mankind, the exploration and exploitation of which shall be carried
out for the benefit of mankind as a whole, irrespective of the geographical
location of States,
Believing that the
codification and progressive development of the law of the sea achieved in this
Convention will contribute to the strengthening of peace, security, cooperation
and friendly relations among all nations in conformity with the principles of
justice and equal rights and will promote the economic and social advancement
of all peoples of the world, in accordance with the Purposes and Principles of
the United Nations as set forth in the Charter,
Affirming that matters
not regulated by this Convention continue to be governed by the rules and
principles of general international law,
Have agreed as follows:
Part I
INTRODUCTION ARTICLE 1
Article 1. Use of terms
and scope
1. For the purposes of
this Convention:
(1) "Area"
means the seabed and ocean floor and subsoil thereof, beyond the limits of
national jurisdiction;
(2)
"Authority" means the International Seabed Authority;
(3) "activities in
the Area" means all activities of exploration for, and exploitation of,
the resources of the Area;
(4) "pollution of
the marine environment" means the introduction by man, directly or
indirectly, of substances or energy into the marine environment, including
estuaries, which results or is likely to result in such deleterious effects as
harm to living resources and marine life, hazards to human health, hindrance to
marine activities, including fishing and other legitimate uses of the sea,
impairment of quality for use of sea water and reduction of amenities;
(5) (a)
"dumping" means:
(i) any deliberate
disposal of wastes or other matter from vessels, aircraft, platforms or other
man-made structures at sea;
(ii) any deliberate
disposal of vessels, aircraft, platforms or other man-made structures at sea;
(b) "dumping"
does not include:
(i) the disposal of
wastes or other matter incidental to, or derived from the normal operations of
vessels, aircraft, platforms or other man-made structures at sea and their
equipment, other than wastes or other matter transported by or to vessels,
aircraft, platforms or other man-made structures at sea, operating for the
purpose of disposal of such matter or derived from the treatment of such wastes
or other matter on such vessels, aircraft, platforms or structures;
(ii) placement of matter
for a purpose other than the mere disposal thereof, provided that such
placement is not contrary to the aims of this Convention.
2. (1) "States
Parties" means States which have consented to be bound by this Convention
and for which this Convention is in force.
(2) This Convention
applies mutatis mutandis to the entities referred to in article 305, paragraph
l(b), (c), (d), (e) and (f), which become Parties to this Convention in
accordance with the conditions relevant to each, and to that extent
"States Parties" refers to those entities.
Part II
TERRITORIAL SEA AND CONTIGUOUS ZONE
SECTION 1. GENERAL
PROVISIONS
Article 2: Legal status
of the territorial sea, of the air space over the territorial sea and of its
bed and subsoil
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, to 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 this Convention and to other rules
of international law.
SECTION 2. LIMITS OF THE
TERRITORIAL SEA
Article 3: Breadth of
the territorial sea
Every State has the
right to establish the breadth of its territorial sea up to a limit not
exceeding 12 nautical miles, measured from baselines determined in accordance
with this Convention.
Article 4: Outer limit
of the territorial sea
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 5: Normal
baseline
Except where otherwise
provided in this Convention, 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 6: Reefs
In the case of islands
situated on atolls or of islands having fringing reefs, the baseline for
measuring the breadth of the territorial sea is the seaward low-water line of
the reef, as shown by the appropriate symbol on charts officially recognized by
the coastal State.
Article 7: Straight
baselines
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.
2. Where because of the
presence of a delta and 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, the straight baselines shall remain effective until changed by the
coastal State in accordance with this Convention.
3. The drawing of
straight baselines must not depart to any appreciable extent from the general
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 regime 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 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
long usage.
6. The system of
straight baselines may not be applied by a State in such a manner as to cut off
the territorial sea of another State from the high seas or an exclusive
economic zone.
Article 8: Internal
waters
1. Except as provided in
Part IV, 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 the method set forth in
article 7 has the effect of enclosing as internal waters areas which had not
previously been considered as such, a right of innocent passage as provided in
this Convention shall exist in those waters.
Article 9: Mouths of
rivers
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-water line of its banks.
Article 10: Bays
1. This article relates
only to bays the coasts of which belong to a single State.
2. For the purposes of
this Convention, a bay is a well-marked indentation whose penetration is in
such proportion to the width of its mouth as to contain land-locked 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.
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 24 nautical 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 24
nautical miles, a straight baseline of 24 nautical 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
do not apply to so-called "historic" bays, or in any case where the
system of straight baselines provided for in article 7 is applied.
Article 11: Ports
For the purpose of
delimiting the territorial sea, the outermost permanent harbour works which
form an integral part of the harbour system are regarded as forming part of the
coast. Off-shore installations and artificial islands shall not be considered
as permanent harbour works.
Article 12: Roadsteads
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.
Article 13: Low-tide
elevations
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 14: Combination
of methods for determining baselines
The coastal State may
determine baselines in turn by any of the methods provided for in the foregoing
articles to suit different conditions.
Article 15: Delimitation
of the territorial sea between States with opposite or adjacent coasts
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 of the two States is measured. The above provision does 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 therewith.
Article 16: Charts and
lists of geographical coordinates
1. The baselines for
measuring the breadth of the territorial sea determined in accordance with
articles 7, 9 and 10, or the limits derived therefrom, and the lines of
delimitation drawn in accordance with articles 12 and 15 shall be shown on
charts of a scale or scales adequate for ascertaining their position.
Alternatively, a list of geographical coordinates of points, specifying the
geodetic datum, may be substituted.
2. The coastal State
shall give due publicity to such charts or lists of geographical coordinates
and shall deposit a copy of each such chart or list with the Secretary-General
of the United Nations.
SECTION 3. INNOCENT
PASSAGE IN THE TERRITORIAL SEA SUBSECTION A. RULES APPLICABLE TO ALL SHIPS
Article 17: Right of
innocent passage
Subject to this
Convention, ships of all States, whether coastal or land-locked, enjoy the
right of innocent passage through the territorial sea.
Article 18: Meaning of
passage
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 roadstead or port facility.
2. Passage shall be
continuous and expeditious. However, 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 distress or for the purpose of rendering
assistance to persons, ships or aircraft in danger or distress.
Article 19: Meaning of
innocent passage
1. Passage is innocent
so 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 this Convention
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 sovereignty, territorial integrity or political independence
of the coastal State, or in any other manner in violation of the principles of
international law embodied in 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;
(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 loading or
unloading of any commodity, currency or person contrary to the customs, fiscal,
immigration or sanitary laws and regulations of the coastal State;
(h) any act of wilful
and serious pollution contrary to this Convention;
(i) any fishing
activities;
(j) the carrying out of
research or survey activities;
(k) any act aimed at
interfering with any systems of communication or any other facilities or
installations of the coastal State;
(l) any other activity
not having a direct bearing on passage.
Article 20: Submarines
and other underwater vehicles
In the territorial sea,
submarines and other underwater vehicles are required to navigate on the
surface and to show their flag.
Article 21: Laws and
regulations of the coastal State relating to innocent passage
1. The coastal State may
adopt laws and regulations, in conformity with the provisions of this
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 maritime traffic;
(b) the protection of
navigational aids and facilities and other facilities or installations;
(c) the protection of
cables and pipelines;
(d) the conservation of
the living resources of the sea;
(e) the prevention of
infringement of the fisheries laws and regulations of the coastal State;
(f) the preservation of
the environment of the coastal State and the prevention, reduction and control
of pollution thereof; (g) marine scientific research and hydrographic surveys;
(h) the prevention of
infringement of the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State.
2. Such laws and
regulations shall not apply to the design, construction, manning or equipment
of foreign ships unless they are giving effect to generally accepted
international rules or standards.
3. The coastal State
shall give due publicity to all such laws and regulations.
4. Foreign ships
exercising the right of innocent passage through the territorial sea shall
comply with all such laws and regulations and all generally accepted
international regulations relating to the prevention of collisions at sea.
Article 22: Sea lanes
and traffic separation schemes in the territorial sea
1. The coastal State
may, where necessary having regard to the safety of navigation, require foreign
ships exercising the right of innocent passage through its territorial sea to
use such sea lanes and traffic separation schemes as it may designate or
prescribe for the regulation of the passage of ships.
2. In particular,
tankers, nuclear-powered ships and ships carrying nuclear or other inherently
dangerous or noxious substances or materials may be required to confine their
passage to such sea lanes.
3. In the designation of
sea lanes and the prescription of traffic separation schemes under this
article, the coastal State shall take into account:
(a) the recommendations
of the competent international organization;
(b) any channels
customarily used for international navigation;
(c) the special
characteristics of particular ships and channels; and
(d) the density of
traffic.
4. The coastal State
shall clearly indicate such sea lanes and traffic separation schemes on charts
to which due publicity shall be given.
Article 23: Foreign
nuclear-powered ships and ships carrying nuclear or other inherently dangerous
or noxious substances
Foreign nuclear-powered
ships and ships carrying nuclear or other inherently dangerous or noxious
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.
Article 24: Duties of
the coastal State
1. The coastal State
shall not hamper the innocent passage of foreign ships through the territorial
sea except in accordance with this Convention.
In particular, in the
application of this Convention or of any laws or regulations adopted in
conformity with this Convention, the coastal State shall not:
(a) impose requirements
on foreign ships which have the practical effect of denying or impairing the
right of innocent passage; or
(b) discriminate in form
or in fact against the ships of any State or against ships carrying cargoes to,
from or on behalf of any State.
2. The coastal State
shall give appropriate publicity to any danger to navigation, of which it has
knowledge, within its territorial sea.
Article 25: Rights of
protection of the coastal State
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 also has 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 in form or in fact among 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, including weapons exercises. Such suspension shall take effect only
after having been duly published.
Article 26: Charges
which may be levied upon foreign ships
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.
SUBSECTION B. RULES
APPLICABLE TO MERCHANT SHIPS AND GOVERNMENT SHIPS OPERATED FOR COMMERCIAL
PURPOSES
Article 27: Criminal
jurisdiction on board a foreign ship
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 connection 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 master of the ship or by a
diplomatic agent or consular officer of the flag State; or
(d) if such measures are
necessary for the suppression of illicit traffic in narcotic drugs or
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 master so requests,
notify a diplomatic agent or consular officer of the flag State before taking
any steps, and shall facilitate contact between such agent or 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 in what manner an arrest should be made, the local authorities shall
have due regard to the interests of navigation.
5. Except as provided in
Part XII or with respect to violations of laws and regulations adopted in
accordance with Part V, 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 connection 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 28: Civil
jurisdiction in relation to foreign ships
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. Paragraph 2 is
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.
SUBSECTION C. RULES
APPLICABLE TO WARSHIPS AND OTHER GOVERNMENT SHIPS OPERATED FOR NON-COMMERCIAL
PURPOSES
Article 29: Definition
of warships
For the purposes of this
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 its equivalent,
and manned by a crew which is under regular armed forces discipline.
Article 30:
Non-compliance by warships with the laws and regulations of the coastal State
If any warship does not
comply with the laws and regulations of the coastal State concerning passage
through the territorial sea and disregards any request for compliance therewith
which is made to it, the coastal State may require it to leave the territorial
sea immediately.
Article 31:
Responsibility of the flag State for damage caused by a warship or other
government ship operated for non-commercial purposes
The flag State shall
bear international responsibility for any loss or damage to the coastal State
resulting from the non-compliance by a warship or other government ship
operated for non-commercial purposes with the laws and regulations of the coastal
State concerning passage through the territorial sea or with the provisions of
this Convention or other rules of international law.
Article 32: Immunities
of warships and other government ships operated for non-commercial purposes
With such exceptions as
are contained in subsection A and in articles 30 and 31, nothing in this
Convention affects the immunities of warships and other government ships
operated for non-commercial purposes.
SECTION 4. CONTIGUOUS
ZONE
Article 33: Contiguous
zone
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 laws and regulations within its
territory or territorial sea;
(b) punish infringement
of the above laws and regulations committed within its territory or territorial
sea.
2. The contiguous zone
may not extend beyond 24 nautical miles from the baselines from which the
breadth of the territorial sea is measured.
Part III
STRAITS USED FOR INTERNATIONAL NAVIGATION
SECTION 1. GENERAL
PROVISIONS
Article 34: Legal status
of waters forming straits used for international navigation
1. The regime of passage
through straits used for international navigation established in this Part
shall not in other respects affect the legal status of the waters forming such
straits or the exercise by the States bordering the straits of their
sovereignty or jurisdiction over such waters and their air space, bed and
subsoil.
2. The sovereignty or
jurisdiction of the States bordering the straits is exercised subject to this
Part and to other rules of international law.
Article 35: Scope of
this Part
Nothing in this Part
affects:
(a) any areas of
internal waters within a strait, except where the establishment of a straight
baseline in accordance with the method set forth in article 7 has the effect of
enclosing as internal waters areas which had not previously been considered as
such;
(b) the legal status of
the waters beyond the territorial seas of States bordering straits as exclusive
economic zones or high seas; or
(c) the legal regime in
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: High seas
routes or routes through exclusive economic zones through straits used for
international navigation
This Part does not apply
to a strait used for international navigation if there exists through the
strait a route through the high seas or through an exclusive economic zone of
similar convenience with respect to navigational and hydrographical
characteristics; in such routes, the other relevant Parts of this Convention,
including the provisions regarding the freedoms of navigation and overflight,
apply.
SECTION 2. TRANSIT
PASSAGE
Article 37: Scope of
this section
This section applies to
straits which are used for international navigation between one part of the
high seas or an exclusive economic zone and another part of the high seas or an
exclusive economic zone.
Article 38: Right of
transit passage
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 a State bordering the strait and its mainland, transit passage shall not
apply if there exists seaward of the island a route through the high seas or
through an exclusive economic zone of similar convenience with respect to
navigational and hydrographical characteristics.
2. Transit passage means
the exercise in accordance with this Part of the freedom of navigation and
overflight solely for the purpose of continuous and expeditious transit of the
strait between one part of the high seas or an exclusive economic zone and another
part of the high seas or an exclusive economic zone. However, the requirement
of continuous and expeditious transit does not preclude passage through the
strait for the purpose of entering, leaving or returning from a State bordering
the strait, subject to the conditions of entry to that State.
3. Any activity which is
not an exercise of the right of transit passage through a strait remains
subject to the other applicable provisions of this Convention.
Article 39: Duties of
ships and aircraft during transit passage
1. Ships and aircraft,
while exercising the right of transit passage, shall: (a) proceed without delay
through or over the strait;
(b) refrain from any
threat or use of force against the sovereignty, territorial integrity or
political independence of States bordering the strait, or in any other manner
in violation of the principles of international law embodied in 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;
(d) comply with other
relevant provisions of this Part.
2. Ships in transit
passage 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, reduction and control of pollution from ships.
3. Aircraft in transit
passage shall:
(a) observe the Rules of
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 competent internationally designated air
traffic control authority or the appropriate international distress radio
frequency.
Article 40: Research and
survey activities
During transit passage,
foreign ships, including marine scientific research and hydrographic survey
ships, may not carry out any research or survey activities without the prior
authorization of the States bordering straits.
Article 41: Sea lanes
and traffic separation schemes in straits used for international navigation
1. In conformity with
this Part, States bordering straits may designate sea lanes and prescribe
traffic separation schemes for navigation in straits where necessary to promote
the safe passage of ships.
2. Such States may, when
circumstances require, and after giving due publicity thereto, substitute other
sea lanes or traffic separation schemes for any sea lanes or traffic separation
schemes previously designated or prescribed by them.
3. Such sea lanes and
traffic separation schemes shall conform to generally accepted international
regulations.
4. Before designating or
substituting sea lanes or prescribing or substituting traffic separation
schemes, States bordering straits shall refer proposals to the competent
international organization with a view to their adoption. The organization may
adopt only such sea lanes and traffic separation schemes as may be agreed with
the States bordering the straits, after which the States may designate,
prescribe or substitute them.
5. In respect of a
strait where sea lanes or traffic separation schemes through the waters of two
or more States bordering the strait are being proposed, the States concerned
shall cooperate in formulating proposals in consultation with the competent
international organization.
6. States bordering
straits shall clearly indicate all sea lanes and traffic separation schemes
designated or prescribed by them on charts to which due publicity shall be
given.
7. Ships in transit
passage shall respect applicable sea lanes and traffic separation schemes
established in accordance with this article.
Article 42: Laws and
regulations of States bordering straits relating to transit passage
1. Subject to the
provisions of this section, States bordering straits may adopt 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 maritime traffic, as provided in article 41;
(b) the prevention,
reduction and control of pollution, by 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 loading or
unloading of any commodity, currency or person in contravention of the customs,
fiscal, immigration or sanitary laws and regulations of States bordering
straits.
2. Such laws and
regulations shall not discriminate in form or in fact among foreign ships or in
their application have the practical effect of denying, hampering or impairing
the right of transit passage as defined in this section.
3. States bordering
straits 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.
5. The flag State of a
ship or the State of registry of an aircraft entitled to sovereign immunity
which acts in a manner contrary to such laws and regulations or other
provisions of this Part shall bear international responsibility for any loss or
damage which results to States bordering straits.
Article 43: Navigational
and safety aids and other improvements and the prevention, reduction and
control of pollution
User States and States
bordering a strait should by agreement cooperate:
(a) in the establishment
and maintenance in a strait of necessary navigational and safety aids or other
improvements in aid of international navigation; and
(b) for the prevention,
reduction and control of pollution from ships.
Article 44: Duties of
States bordering straits
States bordering straits
shall not hamper transit passage and shall give appropriate publicity to any
danger to navigation or overflight within or over the strait of which they have
knowledge. There shall be no suspension of transit passage.
SECTION 3. INNOCENT
PASSAGE
Article 45: Innocent
passage
1. The regime of
innocent passage, in accordance with Part II, section 3, shall apply in straits
used for international navigation:
(a) excluded from the
application of the regime of transit passage under article 38, paragraph 1; or
(b) between a part 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.
Part IV
ARCHIPELAGIC STATES
Article 46: Use of terms
For the purposes of this
Convention:
(a) "archipelagic
State" means a State constituted wholly by one or more archipelagos and may
include other islands;
(b)
"archipelago" means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so closely
interrelated that such islands, waters and other natural features form an
intrinsic geographical, economic and political entity, or which historically
have been regarded as such.
Article 47: Archipelagic
baselines
1. An archipelagic State
may draw straight archipelagic baselines joining the outermost points of the
outermost islands and drying reefs of the archipelago provided that within such
baselines are included 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 1 to 1
and 9 to 1.
2. The length of such
baselines shall not exceed 100 nautical miles, except that up to 3 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. Such 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
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.
5. The system of such
baselines shall not be applied by an archipelagic State in such a manner as to
cut off from the high seas or the exclusive economic zone the territorial sea
of another State.
6. If a part of the
archipelagic waters of an archipelagic State lies between two parts of an
immediately adjacent neighbouring State, existing rights and all other
legitimate interests which the latter State has traditionally exercised in such
waters and all rights stipulated by agreement between those States shall
continue and be respected.
7. For the purpose of
computing the ratio of water to land under paragraph l, 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.
8. The baselines drawn
in accordance with this article shall be shown on charts of a scale or scales
adequate for ascertaining their position.
Alternatively, lists of
geographical coordinates of points, specifying the geodetic datum, may be
substituted.
9. The archipelagic
State shall give due publicity to such charts or lists of geographical
coordinates and shall deposit a copy of each such chart or list with the
Secretary-General of the United Nations.
Article 48: Measurement
of the breadth of the territorial sea, the contiguous zone, the exclusive
economic zone and the continental shelf
The breadth of the
territorial sea, the contiguous zone, the exclusive economic zone and the
continental shelf shall be measured from archipelagic baselines drawn in
accordance with article 47.
Article 49: Legal status
of archipelagic waters, of the air space over archipelagic waters and of their
bed and subsoil
1. The sovereignty of an
archipelagic State extends to the waters enclosed by the archipelagic baselines
drawn in accordance with article 47, 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, as well as to their bed
and subsoil, and the resources contained therein.
3. This sovereignty is
exercised subject to this Part.
4. The regime of
archipelagic sea lanes passage established in this Part shall not in other
respects affect the status of the archipelagic waters, including the sea lanes,
or the exercise by the archipelagic State of its sovereignty over such waters
and their air space, bed and subsoil, and the resources contained therein.
Article 50: Delimitation
of internal waters
Within its archipelagic
waters, the archipelagic State may draw closing lines for the delimitation of
internal waters, in accordance with articles 9, 10 and 11.
Article 51: Existing
agreements, traditional fishing rights and existing submarine cables
1. Without prejudice to
article 49, an archipelagic State shall respect existing agreements with other
States and shall recognize traditional fishing rights and other legitimate
activities of the immediately adjacent neighbouring States in certain areas
falling within archipelagic waters. The terms and conditions for the exercise
of such rights and activities, including the nature, the extent 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.
2. An archipelagic State
shall respect existing submarine cables laid by other States and passing
through its waters without making a landfall. An archipelagic State shall
permit the maintenance and replacement of such cables upon receiving due notice
of their location and the intention to repair or replace them.
Article 52: Right of
innocent passage
1. Subject to article 53
and without prejudice to article 50, ships of all States enjoy the right of
innocent passage through archipelagic waters, in accordance with Part II,
section 3.
2. The archipelagic
State may, without discrimination in form or in fact among 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 only after having been duly
published.
Article 53: Right of
archipelagic sea lanes passage
1. An archipelagic State
may designate sea lanes and air routes thereabove, suitable for the continuous
and expeditious passage of foreign ships and aircraft through or over its
archipelagic waters and the adjacent territorial sea.
2. All ships and
aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes
and air routes.
3. Archipelagic sea
lanes passage means the exercise in accordance with this Convention of the
rights of navigation and overflight in the normal mode solely for the purpose
of continuous, expeditious and unobstructed transit 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 sea lanes and
air routes shall traverse the archipelagic waters and the adjacent territorial
sea and shall include all normal passage routes used as routes for
international navigation or overflight through or over archipelagic waters and,
within such routes, so 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. Such sea lanes and
air routes shall be defined by a series of continuous axis lines from the entry
points of passage routes to the exit points. Ships and aircraft in archipelagic
sea lanes passage shall not deviate more than 25 nautical miles to either side
of such axis lines during passage, provided that such ships and aircraft shall
not navigate closer to the coasts than 10 per cent of the distance between the
nearest points on islands bordering the sea lane.
6. An archipelagic State
which designates sea lanes under this article may also prescribe traffic
separation schemes for the safe passage of ships through narrow channels in
such sea lanes.
7. An archipelagic State
may, when circumstances require, after giving due publicity thereto, substitute
other sea lanes or traffic separation schemes for any sea lanes or traffic
separation schemes previously designated or prescribed by it.
8. Such sea lanes and
traffic separation schemes shall conform to generally accepted international
regulations.
9. In designating or
substituting sea lanes or prescribing or substituting 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 sea lanes and traffic separation schemes as may be agreed with
the archipelagic State, after which the archipelagic State may designate,
prescribe or substitute them.
10. The archipelagic
State shall clearly indicate the axis of the sea lanes and the traffic
separation schemes designated or prescribed by it on charts to which due
publicity shall be given.
11. Ships in
archipelagic sea lanes passage shall respect applicable sea lanes and traffic
separation schemes established in accordance with this article.
12. If an archipelagic
State does not designate sea lanes or air routes, the right of archipelagic sea
lanes passage may be exercised through the routes normally used for
international navigation.
Article 54: Duties of
ships and aircraft during their passage, research and survey activities, duties
of the archipelagic State and laws and regulations of the archipelagic State
relating to archipelagic sea lanes passage
Articles 39, 40, 42 and
44 apply mutatis mutandis to archipelagic sea lanes passage.
Part V
EXCLUSIVE ECONOMIC ZONE
Article 55: Specific
legal regime of the exclusive economic zone
The exclusive economic
zone is an area beyond and adjacent to the territorial sea, subject to the
specific legal regime established in this Part, under which the rights and
jurisdiction of the coastal State and the rights and freedoms of other States
are governed by the relevant provisions of this Convention.
Article 56: Rights,
jurisdiction and duties of the coastal State in the exclusive economic zone
1. In the exclusive
economic zone, the coastal State has:
(a) sovereign rights for
the purpose of exploring and exploiting, conserving and managing the natural
resources, whether living or non-living, of the waters superjacent to the
seabed and of the seabed and its subsoil, and with regard to other activities
for the economic exploitation and exploration of the zone, such as the
production of energy from the water, currents and winds;
(b) jurisdiction as
provided for in the relevant provisions of this Convention with regard to:
(i) the establishment
and use of artificial islands, installations and structures;
(ii) marine scientific
research;
(iii) the protection and
preservation of the marine environment;
(c) other rights and duties
provided for in this Convention.
2. In exercising its
rights and performing its duties under this
Convention in the
exclusive economic zone, the coastal State shall have due regard to the rights
and duties of other States and shall act in a manner compatible with the
provisions of this Convention.
3. The rights set out in
this article with respect to the seabed and subsoil shall be exercised in
accordance with Part VI.
Article 57: Breadth of
the exclusive economic zone
The exclusive economic
zone shall not extend beyond 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured.
Article 58: Rights and
duties of other States in the exclusive economic zone
1. In the exclusive
economic zone, all States, whether coastal or land-locked, enjoy, subject to
the relevant provisions of this Convention, the freedoms referred to in article
87 of navigation and overflight and of the laying of submarine cables and
pipelines, and other internationally lawful uses of the sea related to these
freedoms, such as those associated with the operation of ships, aircraft and
submarine cables and pipelines, and compatible with the other provisions of
this Convention.
2. Articles 88 to 115
and other pertinent rules of international law apply to the exclusive economic
zone in so far as they are not incompatible with this Part.
3. In exercising their
rights and performing their duties under this
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 adopted by
the coastal State in accordance with the provisions of this Convention and
other rules of international law in so far as they are not incompatible with
this Part.
Article 59: Basis for
the resolution of conflicts regarding the attribution of rights and
jurisdiction in the exclusive economic zone
In cases where this
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 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.
Article 60: Artificial
islands, installations and structures in the exclusive economic zone
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 56 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 laws and 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
shall be removed to ensure safety of navigation, taking into account any
generally accepted international standards established in this regard by the
competent international organization. Such removal shall also have due regard
to fishing, the protection of the marine environment and the rights and duties
of other States. Appropriate publicity shall be given to the depth, position
and dimensions of any installations or structures not 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 competent international organization.
Due notice shall be
given of the extent of safety zones.
6. All ships 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.
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 sea lanes
essential to international navigation.
8. Artificial islands,
installations and structures do not possess the status of islands. They have no
territorial sea of their own, and their presence does not affect the
delimitation of the territorial sea, the exclusive economic zone or the
continental shelf.
Article 61: Conservation
of the living resources
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 scientific 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 competent
international organizations, whether subregional, regional or global, shall
cooperate 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 States,
and taking into account fishing patterns, the interdependence of stocks and any
generally recommended international minimum standards, whether subregional,
regional or global.
4. In taking 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 effort statistics, and other data relevant to
the conservation of fish stocks shall be contributed and exchanged on a regular
basis through competent international organizations, whether subregional,
regional or global, where appropriate and with participation by all States
concerned, including States whose nationals are allowed to fish in the
exclusive economic zone.
Article 62: Utilization
of the living resources
1. The coastal State
shall promote the objective of optimum utilization of the living resources in
the exclusive economic zone without prejudice to article 61.
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, laws and regulations referred to in
paragraph 4, give other States access to the surplus of the allowable catch,
having particular regard to the provisions of articles 69 and 70, especially in
relation to the developing States mentioned therein.
3. In giving 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 living resources of the area to the economy of the coastal
State concerned and its other national interests, the provisions of articles 69
and 70, the requirements of developing States 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.
4. 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 laws and regulations of the coastal State. These laws and regulations shall
be consistent with this 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 types, sizes
and number 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 effort 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 cooperative arrangements;
(j) requirements for the
training of personnel and the 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 laws and regulations.
Article 63: Stocks
occurring within the exclusive economic zones of two or more coastal States or
both within the exclusive economic zone and in an area beyond and adjacent to
it
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 coordinate and ensure the conservation and development of such
stocks without prejudice to the other provisions of this Part.
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 64: Highly
migratory species
1. The coastal State and
other States whose nationals fish in the region for the highly migratory species
listed in Annex I shall cooperate 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 zone. In regions for which no appropriate
international organization exists, the coastal State and other States whose
nationals harvest these species in the region shall cooperate to establish such
an organization and participate in its work.
2. The provisions of
paragraph 1 apply in addition to the other provisions of this Part.
Article 65: Marine
mammals
Nothing in this Part
restricts the right of a coastal State or the competence of an international
organization, as appropriate, to prohibit, limit or regulate the exploitation
of marine mammals more strictly than provided for in this Part. States shall
cooperate with a view to the conservation of marine mammals and in the case of
cetaceans shall in particular work through the appropriate international
organizations for their conservation, management and study.
Article 66: Anadromous
stocks
1. 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 landward of the outer
limits of its exclusive economic zone and for fishing provided for in paragraph
3(b). The State of origin may, after consultations with the other States
referred to in paragraphs 3 and 4 fishing these stocks, establish total
allowable catches for stocks originating in its rivers.
3. (a) Fisheries for
anadromous stocks shall be conducted only in waters landward of the outer
limits of exclusive economic zones, except in cases where this provision would
result in economic dislocation for a State other than the State of origin. With
respect to such fishing beyond the outer limits of the exclusive economic zone,
States concerned shall maintain consultations with a view to achieving
agreement on terms and conditions of such fishing giving due regard to the
conservation requirements and the needs of the State of origin in respect of
these stocks.
(b) The State of origin
shall cooperate 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
subparagraph (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.
4. In cases where
anadromous stocks migrate into or through the waters landward of the outer
limits of the exclusive economic zone of a State other than the State of
origin, such State shall cooperate 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 67: Catadromous
species
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 landward of the outer
limits of exclusive economic zones. When conducted in exclusive economic zones,
harvesting shall be subject to this article and the other provisions of this
Convention concerning fishing in these zones.
3. In cases where
catadromous fish migrate through the exclusive economic zone of another State,
whether as juvenile or maturing fish, the management, including harvesting, of
such fish shall be regulated by agreement between the State mentioned in
paragraph 1 and the other State 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 68: Sedentary
species
This Part does not apply
to sedentary species as defined in article 77, paragraph 4.
Article 69: Right of
land-locked States
1. Land-locked States
shall have the right to participate, on an equitable basis, in the exploitation
of an appropriate part of the surplus of the living resources of the exclusive
economic zones of coastal States of the same subregion or region, taking into
account the relevant economic and geographical circumstances of all the States
concerned and in conformity with the provisions of this article and of articles
61 and 62.
2. The terms and
modalities of such participation shall be established by the States concerned
through bilateral, subregional or regional agreements taking into account,
inter alia:
(a) the need to avoid
effects detrimental to fishing communities or fishing industries of the coastal
State;
(b) the extent to which
the land-locked State, in accordance with the provisions of this article, is
participating or is entitled to participate under existing bilateral,
subregional or regional agreements in the exploitation of living resources of
the exclusive economic zones of other coastal States;
(c) the extent to which
other land-locked States and geographically disadvantaged States are
participating in the exploitation of the living resources of the exclusive economic
zone of the coastal
State and the consequent
need to avoid a particular burden for any single coastal State or a part of it;
(d) the nutritional
needs of the populations of the respective States.
3. When the harvesting
capacity of a coastal State approaches a point which would enable it to harvest
the entire allowable catch of the living resources in its exclusive economic
zone, the coastal State and other States concerned shall cooperate in the
establishment of equitable arrangements on a bilateral, subregional or regional
basis to allow for participation of developing land-locked States of the same
subregion or region in the exploitation of the living resources of the
exclusive economic zones of coastal States of the subregion or region, as may
be appropriate in the circumstances and on terms satisfactory to all parties.
In the implementation of this provision the factors mentioned in paragraph 2
shall also be taken into account.
4. Developed land-locked
States shall, under the provisions of this article, be entitled to participate
in the exploitation of living resources only in the exclusive economic zones of
developed coastal States of the same subregion or region having regard to the
extent to which the coastal State, in giving access to other States to the
living resources of its exclusive economic zone, has taken into account the
need to minimize detrimental effects on fishing communities and economic
dislocation in States whose nationals have habitually fished in the zone.
5. The above provisions
are without prejudice to arrangements agreed upon in subregions or regions
where the coastal States may grant to land-locked States of the same subregion
or region equal or preferential rights for the exploitation of the living
resources in the exclusive economic zones.
Article 70: Right of
geographically disadvantaged States
1. Geographically
disadvantaged States shall have the right to participate, on an equitable
basis, in the exploitation of an appropriate part of the surplus of the living
resources of the exclusive economic zones of coastal States of the same
subregion or region, taking into account the relevant economic and geographical
circumstances of all the States concerned and in conformity with the provisions
of this article and of articles 61 and 62.
2. For the purposes of
this Part, "geographically disadvantaged States" means coastal
States, including States bordering enclosed or semi-enclosed seas, whose
geographical situation makes them dependent upon the exploitation of the living
resources of the exclusive economic zones of other States in the subregion or
region for adequate supplies of fish for the nutritional purposes of their
populations or parts thereof, and coastal States which can claim no exclusive
economic zones of their own.
3. The terms and
modalities of such participation shall be established by the States concerned
through bilateral, subregional or regional agreements taking into account,
inter alia:
(a) the need to avoid
effects detrimental to fishing communities or fishing industries of the coastal
State;
(b) the extent to which
the geographically disadvantaged State, in accordance with the provisions of
this article, is participating or is entitled to participate under existing
bilateral, subregional or regional agreements in the exploitation of living
resources of the exclusive economic zones of other coastal States;
(c) the extent to which
other geographically disadvantaged States and land-locked States are
participating in the exploitation of the living resources of the exclusive
economic zone of the coastal State and the consequent need to avoid a
particular burden for any single coastal State or a part of it;
(d) the nutritional
needs of the populations of the respective States.
4. When the harvesting
capacity of a coastal State approaches a point which would enable it to harvest
the entire allowable catch of the living resources in its exclusive economic
zone, the coastal State and other States concerned shall cooperate in the
establishment of equitable arrangements on a bilateral, subregional or regional
basis to allow for participation of developing geographically disadvantaged
States of the same subregion or region in the exploitation of the living
resources of the exclusive economic zones of coastal States of the subregion or
region, as may be appropriate in the circumstances and on terms satisfactory to
all parties. In the implementation of this provision the factors mentioned in
paragraph 3 shall also be taken into account.
5. Developed
geographically disadvantaged States shall, under the provisions of this
article, be entitled to participate in the exploitation of living resources
only in the exclusive economic zones of developed coastal States of the same
subregion or region having regard to the extent to which the coastal State, in
giving access to other States to the living resources of its exclusive economic
zone, has taken into account the need to minimize detrimental effects on
fishing communities and economic dislocation in States whose nationals have
habitually fished in the zone.
6. The above provisions
are without prejudice to arrangements agreed upon in subregions or regions
where the coastal States may grant to geographically disadvantaged States of
the same subregion or region equal or preferential rights for the exploitation
of the living resources in the exclusive economic zones.
Article 71:
Non-applicability of articles 69 and 70
The provisions of
articles 69 and 70 do not apply in the case of a coastal State whose economy is
overwhelmingly dependent on the exploitation of the living resources of its
exclusive economic zone.
Article 72: Restrictions
on transfer of rights
1. Rights provided under
articles 69 and 70 to exploit living resources shall not be directly or
indirectly transferred to third States or their nationals by lease or licence,
by establishing joint ventures or in any other manner which has the effect of
such transfer unless otherwise agreed by the States concerned.
2. The foregoing
provision does not preclude the States concerned from obtaining technical or
financial assistance from third States or international organizations in order
to facilitate the exercise of the rights pursuant to articles 69 and 70,
provided that it does not have the effect referred to in paragraph 1.
Article 73: Enforcement
of laws and regulations of the coastal State
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 adopted by it in
conformity with this Convention.
2. Arrested vessels and
their crews shall be promptly released upon the posting of reasonable bond or
other security.
3. Coastal State
penalties for violations of fisheries laws and regulations in the exclusive
economic zone may not include imprisonment, in the absence of agreements 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 the flag
State, through appropriate channels, of the action taken and of any penalties
subsequently imposed.
Article 74: Delimitation
of the exclusive economic zone between States with opposite or adjacent coasts
1. The delimitation of
the exclusive economic zone between States with opposite or adjacent coasts
shall be effected by agreement on the basis of international law, as referred
to in Article 38 of the Statute of the International Court of Justice, in order
to achieve an equitable solution.
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 XV.
3. Pending agreement as
provided for in paragraph 1, the States concerned, in a spirit of understanding
and cooperation, shall make every effort to enter into provisional arrangements
of a practical nature and, during this transitional period, not to jeopardize or
hamper the reaching of the final agreement. Such arrangements shall be without
prejudice to the final delimitation.
4. 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 75: Charts and
lists of geographical coordinates
1. Subject to this Part,
the outer limit lines of the exclusive economic zone and the lines of
delimitation drawn in accordance with article 74 shall be shown on charts of a
scale or scales adequate for ascertaining their position. Where appropriate,
lists of geographical coordinates of points, specifying the geodetic datum, may
be substituted for such outer limit lines or lines of delimitation.
2. The coastal State
shall give due publicity to such charts or lists of geographical coordinates
and shall deposit a copy of each such chart or list with the Secretary-General
of the United Nations.
Part VI
CONTINENTAL SHELF ARTICLE 76
Article 76: Definition
of the continental shelf
1. 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.
2. The continental shelf
of a coastal State shall not extend beyond the limits provided for in
paragraphs 4 to 6.
3. The continental
margin comprises the submerged prolongation of the land mass of the coastal
State, and consists of the seabed and subsoil of the shelf, the slope and the
rise. It does not include the deep ocean floor with its oceanic ridges or the
subsoil thereof.
4. (a) For the purposes
of this Convention, the coastal State shall establish the outer edge of the
continental margin wherever the margin extends beyond 200 nautical miles from
the baselines from which the breadth of the territorial sea is measured, by
either:
(i) a line delineated in
accordance with paragraph 7 by reference to the outermost fixed points at each
of which the thickness of sedimentary rocks is at least 1 per cent of the
shortest distance from such point to the foot of the continental slope; or
(ii) a line delineated
in accordance with paragraph 7 by reference to fixed points not more than 60
nautical miles from the foot of the continental slope.
(b) In the absence of
evidence to the contrary, the foot of the continental slope shall be determined
as the point of maximum change in the gradient at its base.
5. The fixed points
comprising the line of the outer limits of the continental shelf on the seabed,
drawn in accordance with paragraph 4 (a)(I) and (ii), either shall not exceed
350 nautical miles from the baselines from which the breadth of the territorial
sea is measured or shall not exceed 100 nautical miles from the 2,500 metre
isobath, which is a line connecting the depth of 2,500 metres.
6. Notwithstanding the
provisions of paragraph 5, on submarine ridges, the outer limit of the
continental shelf shall not exceed 350 nautical miles from the baselines from
which the breadth of the territorial sea is measured.
This paragraph does not
apply to submarine elevations that are natural components of the continental
margin, such as its plateaux, rises, caps, banks and spurs.
7. The coastal State
shall delineate the outer limits of its continental shelf, where that shelf
extends beyond 200 nautical miles from the baselines from which the breadth of
the territorial sea is measured, by straight lines not exceeding 60 nautical
miles in length, connecting fixed points, defined by coordinates of latitude
and longitude.
8. Information on the
limits of the continental shelf beyond 200 nautical miles from the baselines
from which the breadth of the territorial sea is measured shall be submitted by
the coastal State to the Commission on the Limits of the Continental Shelf set
up under Annex II on the basis of equitable geographical representation. The
Commission shall make recommendations to coastal States on matters related to
the establishment of the outer limits of their continental shelf. The limits of
the shelf established by a coastal State on the basis of these recommendations
shall be final and binding.
9. The coastal State
shall deposit with the Secretary-General of the United Nations charts and
relevant information, including geodetic data, permanently describing the outer
limits of its continental shelf. The Secretary-General shall give due publicity
thereto.
10. The provisions of
this article are without prejudice to the question of delimitation of the
continental shelf between States with opposite or adjacent coasts.
Article 77: Rights of
the coastal State over the continental shelf
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 rights 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 this Part consist of the mineral and other non-living resources
of the seabed and subsoil together with living organisms belonging to sedentary
species, that is to say, organisms which, at the harvestable stage, either are
immobile on or under the seabed or are unable to move except in constant
physical contact with the seabed or the subsoil.
Article 78: Legal status
of the superjacent waters and air space and the rights and freedoms of other
States
1. The rights of the
coastal State over the continental shelf do not affect the legal status of the
superjacent waters or of the air space above those waters.
2. The exercise of the
rights of the coastal State over the continental shelf must not infringe or
result in any unjustifiable interference with navigation and other rights and
freedoms of other States as provided for in this Convention.
Article 79: Submarine
cables and pipelines on the continental shelf
1. All States are
entitled to lay submarine cables and pipelines on the continental shelf, in
accordance with the provisions of this article.
2. Subject to its right
to take reasonable measures for the exploration of the continental shelf, the
exploitation of its natural resources and the prevention, reduction and control
of pollution 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
affects 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 connection 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 have due regard to cables or pipelines
already in position. In particular, possibilities of repairing existing cables
or pipelines shall not be prejudiced.
Article 80: Artificial islands,
installations and structures on the continental shelf
Article 60 applies
mutatis mutandis to artificial islands, installations and structures on the
continental shelf.
Article 81: Drilling on
the continental shelf
The coastal State shall
have the exclusive right to authorize and regulate drilling on the continental
shelf for all purposes.
Article 82: Payments and
contributions with respect to the exploitation of the continental shelf beyond
200 nautical miles
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 payments and
contributions shall be made annually with respect to all production at a site
after the first five years of production at that site. For the sixth year, the
rate of payment or contribution shall be 1 per cent of the value or volume of
production at the site. The rate shall increase by 1 per cent for each
subsequent year until the twelfth year and shall remain at 7 per cent
thereafter. Production does not include resources used in connection with
exploitation.
3. A developing State
which is a net importer of a mineral resource produced from its continental
shelf is exempt from making such payments or contributions in respect of that
mineral resource.
4. The payments or
contributions shall be made through the Authority, which shall distribute them
to States Parties to this Convention, on the basis of equitable sharing
criteria, taking into account the interests and needs of developing States,
particularly the least developed and the land-locked among them.
Article 83: Delimitation
of the continental shelf between States with opposite or adjacent coasts
1. The delimitation of
the continental shelf between States with opposite or adjacent coasts shall be
effected by agreement on the basis of international law, as referred to in
Article 38 of the Statute of the International Court of Justice, in order to
achieve an equitable solution.
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 XV.
3. Pending agreement as
provided for in paragraph 1, the States concerned, in a spirit of understanding
and cooperation, shall make every effort to enter into provisional arrangements
of a practical nature and, during this transitional period, not to jeopardize
or hamper the reaching of the final agreement. Such arrangements shall be
without prejudice to the final delimitation.
4. Where there is an
agreement in force between the States concerned, questions relating to the
delimitation of the continental shelf shall be determined in accordance with
the provisions of that agreement.
Article 84: Charts and
lists of geographical coordinates
1. Subject to this Part,
the outer limit lines of the continental shelf and the lines of delimitation
drawn in accordance with article 83 shall be shown on charts of a scale or scales
adequate for ascertaining their position. Where appropriate, lists of
geographical coordinates of points, specifying the geodetic datum, may be
substituted for such outer limit lines or lines of delimitation.
2. The coastal State
shall give due publicity to such charts or lists of geographical coordinates
and shall deposit a copy of each such chart or list with the Secretary-General
of the United Nations and, in the case of those showing the outer limit lines
of the continental shelf, with the Secretary-General of the Authority.
Article 85: Tunnelling
This Part does 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.
Part VII
HIGH SEAS
SECTION 1. GENERAL
PROVISIONS
Article 86: Application
of the provisions of this Part
The provisions of this
Part apply to 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. This article
does not entail any abridgement of the freedoms enjoyed by all States in the
exclusive economic zone in accordance with article 58.
Article 87: Freedom of
the high seas
1. The high seas are
open to all States, whether coastal or land-locked. Freedom of the high seas is
exercised under the conditions laid down by this Convention and by other rules
of international law. It comprises, inter alia, both for coastal and
land-locked States:
(a) freedom of
navigation; (b) freedom of overflight;
(c) freedom to lay
submarine cables and pipelines, subject to Part VI;
(d) freedom to construct
artificial islands and other installations permitted under international law,
subject to Part VI;
(e) freedom of fishing,
subject to the conditions laid down in section 2;
(f) freedom of
scientific research, subject to Parts VI and XIII.
2. These freedoms shall
be exercised by all States with due regard for the interests of other States in
their exercise of the freedom of the high seas, and also with due regard for
the rights under this Convention with respect to activities in the Area.
Article 88: Reservation
of the high seas for peaceful purposes
The high seas shall be
reserved for peaceful purposes.
Article 89: Invalidity
of claims of sovereignty over the high seas
No State may validly
purport to subject any part of the high seas to its sovereignty.
Article 90: Right of
navigation
Every State, whether
coastal or land-locked, has the right to sail ships flying its flag on the high
seas.
Article 91: Nationality
of ships
1. Every 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. Every State shall
issue to ships to which it has granted the right to fly its flag documents to
that effect.
Article 92: Status of
ships
1. Ships shall sail
under the flag of one State only and, save in exceptional cases expressly
provided for in international treaties or in this Convention, 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 93: Ships flying
the flag of the United Nations, its specialized agencies and the International
Atomic Energy Agency
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 94: Duties of
the flag State
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 ships 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 internal 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 flying 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 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;
(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, reduction
and control of marine pollution, and the maintenance of communications by
radio.
5. In taking the
measures called for in 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 ships or installations of another State
or to the marine environment. The flag State and the other State shall
cooperate in the conduct of any inquiry held by that other State into any such
marine casualty or incident of navigation.
Article 95: Immunity of
warships on the high seas
Warships on the high seas
have complete immunity from the jurisdiction of any State other than the flag
State.
Article 96: Immunity of
ships used only on government non-commercial service
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 97: Penal
jurisdiction in matters of collision or any other incident of navigation
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 person 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
competence 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.
Article 98: Duty to
render assistance
1. Every State shall
require the master of a ship flying 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 so 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
effective search and rescue service regarding safety on and over the sea and,
where circumstances so require, by way of mutual regional arrangements
cooperate with neighbouring States for this purpose.
Article 99: Prohibition
of the transport of slaves
Every State shall take
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 100: Duty to
cooperate in the repression of piracy
All States shall
cooperate 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 101: Definition
of piracy
Piracy consists of any
of the following acts:
(a) any illegal acts of
violence or 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 subparagraph (a) or (b).
Article 102: Piracy by a
warship, government ship or government aircraft whose crew has mutinied
The acts of piracy, as
defined in article 101, 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 or aircraft.
Article 103: Definition
of a pirate ship or aircraft
A ship or aircraft is
considered a pirate 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 101. 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 104: Retention
or loss of the nationality of a pirate ship or aircraft
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 105: Seizure of
a pirate ship or aircraft
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 or aircraft 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 106: Liability
for seizure without adequate grounds
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.
Article 107: Ships and
aircraft which are entitled to seize on account of piracy
A seizure on account of
piracy may be carried out only 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 108: Illicit
traffic in narcotic drugs or psychotropic substances
1. All States shall
cooperate in the suppression of illicit traffic in narcotic drugs and
psychotropic substances engaged in by ships on the high seas contrary to
international conventions.
2. Any State which has
reasonable grounds for believing that a ship flying its flag is engaged in
illicit traffic in narcotic drugs or psychotropic substances may request the
cooperation of other States to suppress such traffic.
Article 109:
Unauthorized broadcasting from the high seas
1. All States shall
cooperate in the suppression of unauthorized broadcasting from the high seas.
2. For the purposes of
this 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.
3. Any person engaged in
unauthorized broadcasting may be prosecuted before the court of:
(a) the flag State of
the ship;
(b) the State of
registry of the installation;
(c) the State of which
the person is a national;
(d) any State where the
transmissions can be received; or
(e) any State where
authorized radio communication is suffering interference.
4. On the high seas, a
State having jurisdiction in accordance with paragraph 3 may, in conformity
with article 110, arrest any person or ship engaged in unauthorized
broadcasting and seize the broadcasting apparatus.
Article 110: Right of
visit
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 95 and 96, is not justified in boarding it
unless there is reasonable ground for suspecting that:
(a) the ship is engaged
in piracy;
(b) the ship is engaged
in the slave trade;
(c) the ship is engaged
in unauthorized broadcasting and the flag State of the warship has jurisdiction
under article 109;
(d) the ship is without
nationality; or
(e) 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
apply mutatis mutandis to military aircraft.
5. These provisions also
apply to any other duly authorized ships or aircraft clearly marked and
identifiable as being on government service.
Article 111: Right of
hot pursuit
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, the archipelagic waters, 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. The right of hot
pursuit shall apply mutatis mutandis to violations in the exclusive economic
zone or on the continental shelf, including safety zones around continental
shelf installations, of the laws and regulations of the coastal State
applicable in accordance with this 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 State 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 is
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 aircraft clearly marked and identifiable as being on government service and
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 another
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. The release of a ship
arrested within the jurisdiction of a State and escorted to a port of that
State for the purposes of an inquiry before the competent authorities 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.
8. Where a ship has been
stopped or arrested outside the territorial sea in circumstances which do not
justify the exercise of the right of hot pursuit, it shall be compensated for
any loss or damage that may have been thereby sustained.
Article 112: Right to
lay submarine cables and pipelines
1. All States are
entitled to lay submarine cables and pipelines on the bed of the high seas
beyond the continental shelf.
2. Article 79, paragraph
5, applies to such cables and pipelines.
Article 113: Breaking or
injury of a submarine cable or pipeline
Every State shall adopt
the laws and regulations necessary 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 114: Breaking or
injury by owners of a submarine cable or pipeline of another submarine cable or
pipeline
Every State shall adopt
the laws and regulations necessary to provide that, if persons subject to its
jurisdiction who are the owners of a submarine cable or 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 115: Indemnity
for loss incurred in avoiding injury to a submarine cable or pipeline
Every State shall adopt
the laws and regulations necessary 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.
SECTION 2. CONSERVATION
AND MANAGEMENT OF THE LIVING RESOURCES OF THE HIGH SEAS
Article 116: Right to
fish on the high seas
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 63, paragraph 2, and articles 64 to 67; and
(c) the provisions of
this section.
Article 117: Duty of
States to adopt with respect to their nationals measures for the conservation
of the living resources of the high seas
All States have the duty
to take, or to cooperate with other States in taking, such measures for their
respective nationals as may be necessary for the conservation of the living
resources of the high seas.
Article 118: Cooperation
of States in the conservation and management of living resources
States shall cooperate
with each other in the conservation and management of living resources in the
areas of the high seas. States whose nationals exploit identical living
resources, or different living resources in the same area, shall enter into
negotiations with a view to taking the measures necessary for the conservation
of the living resources concerned. They shall, as appropriate, cooperate to
establish subregional or regional fisheries organizations to this end.
Article 119:
Conservation of the living resources of the high seas
1. In determining the
allowable catch and establishing other conservation measures for the living
resources in the high seas, States shall: (a) take measures which are designed,
on the best scientific 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 States, and taking
into account fishing patterns, the interdependence of stocks and any generally
recommended international minimum standards, whether subregional, regional or
global;
(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.
2. Available scientific
information, catch and fishing effort statistics, and other data relevant to
the conservation of fish stocks shall be contributed and exchanged on a regular
basis through competent international organizations, whether subregional,
regional or global, 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 120: Marine
mammals
Article 65 also applies
to the conservation and management of marine mammals in the high seas.
Part VIII
REGIME OF ISLANDS
Article 121: Regime of
islands
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 this 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.
Part IX
ENCLOSED OR SEMI-ENCLOSED SEAS
Article 122: Definition
For the purposes of this
Convention, "enclosed or semi-enclosed sea" means a gulf, basin or
sea surrounded by two or more States and connected to another sea or the ocean
by a narrow outlet or consisting entirely or primarily of the territorial seas
and exclusive economic zones of two or more coastal States.
Article 123: Cooperation
of States bordering enclosed or semi-enclosed seas
States bordering an
enclosed or semi-enclosed sea should cooperate with each other in the exercise
of their rights and in the performance of their duties under this Convention.
To this end they shall endeavour, directly or through an appropriate regional
organization:
(a) to coordinate the
management, conservation, exploration and exploitation of the living resources
of the sea;
(b) to coordinate the
implementation of their rights and duties with respect to the protection and
preservation of the marine environment;
(c) to coordinate their
scientific research policies and undertake where appropriate joint programmes
of scientific research in the area;
(d) to invite, as
appropriate, other interested States or international organizations to
cooperate with them in furtherance of the provisions of this article.
Part X
RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND
FREEDOM OF TRANSIT
Article 124: Use of
terms
1. For the purposes of
this Convention:
(a) "land-locked
State" means a State which has no sea-coast;
(b) "transit State"
means a State, with or without a sea-coast, situated between a land-locked
State and the sea, through whose territory traffic in transit 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 or 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, lake and river craft and road vehicles;
(ii) where local
conditions so require, porters and pack animals.
2. Land-locked States
and transit States may, by agreement between them, include as means of
transport pipelines and gas lines and means of transport other than those
included in paragraph 1.
Article 125: Right of
access to and from the sea and freedom of transit
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 this Convention including those relating
to the freedom of the high seas and the common heritage of mankind. To this
end, land-locked States shall enjoy freedom of transit through the territory of
transit States by all means of transport.
2. The terms and
modalities for exercising freedom of transit shall be agreed between the
land-locked States and transit States concerned through bilateral, subregional
or regional agreements.
3. Transit States, in
the exercise of their full sovereignty over their territory, shall have the
right to take all measures necessary to ensure that the rights and facilities
provided for in this Part for land-locked States shall in no way infringe their
legitimate interests.
Article 126: Exclusion
of application of the most-favoured-nation clause
The provisions of this
Convention, as well as special agreements relating to 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.
Article 127: Customs
duties, taxes and other charges
1. Traffic in transit
shall not be subject to any customs duties, taxes or other charges except
charges levied for specific services rendered in connection with such traffic.
2. Means of transport in
transit and other facilities provided for and used by land-locked States shall
not be subject to taxes or charges higher than those levied for the use of
means of transport of the transit State.
Article 128: Free zones
and other customs facilities
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 129: Cooperation
in the construction and improvement of means of transport
Where there are no means
of transport in 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, the transit States and land-locked States concerned
may cooperate in constructing or improving them.
Article 130: Measures to
avoid or eliminate delays or other difficulties of a technical nature in
traffic in transit
1. Transit States shall
take all appropriate measures to avoid delays or other difficulties of a
technical nature in traffic in transit.
2. Should such delays or
difficulties occur, the competent authorities of the transit States and
land-locked States concerned shall cooperate towards their expeditious
elimination.
Article 131: Equal
treatment in maritime ports
Ships flying the flag of
land-locked States shall enjoy treatment equal to that accorded to other
foreign ships in maritime ports.
Article 132: Grant of
greater transit facilities
This Convention does not
entail in any way the withdrawal of transit facilities which are greater than
those provided for in this Convention and which are agreed between States
Parties to this Convention or granted by a State Party. This Convention also
does not preclude such grant of greater facilities in the future.
Part XI
THE AREA
SECTION 1. GENERAL
PROVISIONS
Article 133: Use of
terms
For the purposes of this
Part:
(a)
"resources" means all solid, liquid or gaseous mineral resources in
situ in the Area at or beneath the seabed, including polymetallic nodules;
(b) resources, when
recovered from the Area, are referred to as "minerals".
Article 134: Scope of
this Part
1. This Part applies to
the Area.
2. Activities in the
Area shall be governed by the provisions of this Part.
3. The requirements
concerning deposit of, and publicity to be given to, the charts or lists of
geographical coordinates showing the limits referred to in article l, paragraph
l(1), are set forth in Part VI.
4. Nothing in this
article affects the establishment of the outer limits of the continental shelf
in accordance with Part VI or the validity of agreements relating to
delimitation between States with opposite or adjacent coasts.
Article 135: Legal
status of the superjacent waters and air space
Neither this Part nor
any rights granted or exercised pursuant thereto shall affect the legal status
of the waters superjacent to the Area or that of the air space above those
waters.
SECTION 2. PRINCIPLES
GOVERNING THE AREA
Article 136: Common
heritage of mankind
The Area and its
resources are the common heritage of mankind.
Article 137: Legal
status of the Area and its resources
1. No State shall claim
or exercise sovereignty or sovereign rights over any part of the Area or its
resources, nor shall any State or natural or juridical person appropriate any
part thereof. No such claim or exercise of sovereignty or sovereign rights nor
such appropriation shall be recognized.
2. All rights in the
resources of the Area are vested in mankind as a whole, on whose behalf the
Authority shall act. These resources are not subject to alienation. The
minerals recovered from the Area, however, may only be alienated in accordance
with this Part and the rules, regulations and procedures of the Authority.
3. No State or natural
or juridical person shall claim, acquire or exercise rights with respect to the
minerals recovered from the Area except in accordance with this Part.
Otherwise, no such claim, acquisition or exercise of such rights shall be
recognized.
Article 138: General
conduct of States in relation to the Area
The general conduct of
States in relation to the Area shall be in accordance with the provisions of
this Part, the principles embodied in the Charter of the United Nations and
other rules of international law in the interests of maintaining peace and
security and promoting international cooperation and mutual understanding.
Article 139:
Responsibility to ensure compliance and liability for damage
1. States Parties shall
have the responsibility to ensure that activities in the Area, whether carried
out by States Parties, or state enterprises or natural or juridical persons
which possess the nationality of States Parties or are effectively controlled
by them or their nationals, shall be carried out in conformity with this Part.
The same responsibility applies to international organizations for activities
in the Area carried out by such organizations.
2. Without prejudice to
the rules of international law and Annex III, article 22, damage caused by the
failure of a State Party or international organization to carry out its
responsibilities under this Part shall entail liability; States Parties or
international organizations acting together shall bear joint and several
liability. A State Party shall not however be liable for damage caused by any
failure to comply with this Part by a person whom it has sponsored under
article 153, paragraph 2(b), if the State Party has taken all necessary and
appropriate measures to secure effective compliance under article 153,
paragraph 4, and Annex III, article 4, paragraph 4.
3. States Parties that
are members of international organizations shall take appropriate measures to
ensure the implementation of this article with respect to such organizations.
Article 140: Benefit of
mankind
1. Activities in the
Area shall, as specifically provided for in this Part, 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 developing States and of peoples who
have not attained full independence or other self-governing status recognized
by the United Nations in accordance with General Assembly resolution 1514 (XV)
and other relevant General Assembly resolutions.
2. The Authority shall
provide for the equitable sharing of financial and other economic benefits
derived from activities in the Area through any appropriate mechanism, on a
non-discriminatory basis, in accordance with article 160, paragraph 2(f)(i).
Article 141: Use of the
Area exclusively for peaceful purposes
The Area shall be open
to use exclusively for peaceful purposes by all States, whether coastal or
land-locked, without discrimination and without prejudice to the other
provisions of this Part.
Article 142: Rights and
legitimate interests of coastal States
1. Activities in the
Area, with respect to resource deposits 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
deposits lie.
2. 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.
In cases where activities in the Area may result in the exploitation of
resources lying within national jurisdiction, the prior consent of the coastal
State concerned shall be required.
3. Neither this Part nor
any rights granted or exercised pursuant thereto shall affect the rights of
coastal States to take such measures consistent with the relevant provisions of
Part XII as may be necessary to prevent, mitigate or eliminate grave and
imminent danger to their coastline, or related interests from pollution or
threat thereof or from other hazardous occurrences resulting from or caused by
any activities in the Area.
Article 143: Marine
scientific research
1. Marine scientific
research in the Area shall be carried out exclusively for peaceful purposes and
for the benefit of mankind as a whole, in accordance with Part XIII.
2. The Authority may
carry out marine scientific research concerning the Area and its resources, and
may enter into contracts for that purpose. The Authority shall promote and
encourage the conduct of marine scientific research in the Area, and shall
coordinate and disseminate the results of such research and analysis when
available.
3. States Parties may
carry out marine scientific research in the Area. States Parties shall promote
international cooperation in marine scientific research in the Area by:
(a) participating in
international programmes and encouraging cooperation in marine scientific
research by personnel of different countries and of the Authority;
(b) ensuring that
programmes are developed through the Authority or other international
organizations as appropriate for the benefit of developing States and technologically
less developed States with a view to:
(i) strengthening their
research capabilities;
(ii) training their
personnel and the personnel of the Authority in the techniques and applications
of research;
(iii) fostering the
employment of their qualified personnel in research in the Area;
(c) effectively
disseminating the results of research and analysis when available, through the
Authority or other international channels when appropriate.
Article 144: Transfer of
technology
1. The Authority shall take
measures in accordance with this Convention:
(a) to acquire
technology and scientific knowledge relating to activities in the Area; and
(b) to promote and
encourage the transfer to developing States of such technology and scientific
knowledge so that all States Parties benefit therefrom.
2. To this end the
Authority and States Parties shall cooperate in promoting the transfer of
technology and scientific knowledge relating to activities in the Area so that
the Enterprise and all States Parties may benefit therefrom. In particular they
shall initiate and promote:
(a) programmes for the
transfer of technology to the Enterprise and to developing States with regard
to activities in the Area, including, inter alia, facilitating the access of
the Enterprise and of developing States to the relevant technology, under fair
and reasonable terms and conditions;
(b) measures directed
towards the advancement of the technology of the Enterprise and the domestic
technology of developing States, particularly by providing opportunities to
personnel from the Enterprise and from developing States for training in marine
science and technology and for their full participation in activities in the
Area.
Article 145: Protection
of the marine environment
Necessary measures shall
be taken in accordance with this Convention with respect to activities in the
Area to ensure effective protection for the marine environment from harmful
effects which may arise from such activities. To this end the Authority shall
adopt appropriate rules, regulations and procedures for inter alia:
(a) the prevention,
reduction and control of pollution 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 harmful effects 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; (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.
Article 146: Protection
of human life
With respect to
activities in the Area, necessary measures shall be taken to ensure effective
protection of human life. To this end the Authority shall adopt appropriate
rules, regulations and procedures to supplement existing international law as
embodied in relevant treaties.
Article 147:
Accommodation of activities in the Area and in the marine environment
1. Activities in the
Area shall be carried out with reasonable regard for other activities in the
marine environment.
2. Installations used
for carrying out activities in the Area shall be subject to the following conditions:
(a) such installations
shall be erected, emplaced and removed solely in accordance with this Part and
subject to the rules, regulations and procedures of the Authority. Due notice
must be given of the erection, emplacement and removal of such installations,
and permanent means for giving warning of their presence must be maintained;
(b) such installations
may not be established where interference may be caused to the use of
recognized sea lanes essential to international navigation or in areas of
intense fishing activity;
(c) safety zones shall
be established around such installations with appropriate markings to ensure
the safety of both navigation and the installations. 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;
(d) such installations
shall be used exclusively for peaceful purposes;
(e) such installations
do not possess the status of islands. They have no territorial sea of their
own, and their presence does not affect the delimitation of the territorial
sea, the exclusive economic zone or the continental shelf.
3. Other activities in
the marine environment shall be conducted with reasonable regard for activities
in the Area.
Article 148:
Participation of developing States in activities in the Area
The effective
participation of developing States in activities in the Area shall be promoted
as specifically provided for in this Part, having due regard to their special
interests and needs, and in particular to the special need of the land-locked
and geographically disadvantaged among them to overcome obstacles arising from
their disadvantaged location, including remoteness from the Area and difficulty
of access to and from it.
Article 149:
Archaeological and historical objects
All objects of an
archaeological and historical nature found in the Area shall be preserved or
disposed of for the benefit of mankind as a whole, particular regard being paid
to the preferential rights of the State or country of origin, or the State of
cultural origin, or the State of historical and archaeological origin.
SECTION 3. DEVELOPMENT
OF RESOURCES OF THE AREA
Article 150: Policies
relating to activities in the Area
Activities in the Area
shall, as specifically provided for in this Part, be carried out in such a
manner as to foster healthy development of the world economy and balanced
growth of international trade, and to promote international cooperation for the
over-all development of all countries, especially developing States, and with a
view to ensuring:
(a) the development of
the resources of the Area;
(b) orderly, safe and
rational management of the resources of the Area, including the efficient
conduct of activities in the Area and, in accordance with sound principles of
conservation, the avoidance of unnecessary waste;
(c) the expansion of
opportunities for participation in such activities consistent in particular
with articles 144 and 148;
(d) participation in revenues
by the Authority and the transfer of technology to the Enterprise and
developing States as provided for in this Convention;
(e) increased
availability of the minerals derived from the Area as needed in conjunction
with minerals derived from other sources, to ensure supplies to consumers of
such minerals;
(f) the promotion of
just and stable prices remunerative to producers and fair to consumers for
minerals derived both from the Area and from other sources, and the promotion
of long-term equilibrium between supply and demand;
(g) the enhancement of
opportunities for all States Parties, irrespective of their social and economic
systems or geographical location, to participate in the development of the
resources of the Area and the prevention of monopolization of activities in the
Area;
(h) the protection of
developing countries from adverse effects on their economies or on their export
earnings resulting from a reduction in the price of an affected mineral, or in
the volume of exports of that mineral, to the extent that such reduction is
caused by activities in the Area, as provided in article 151;
(i) the development of
the common heritage for the benefit of mankind as a whole; and
(j) conditions of access
to markets for the imports of minerals produced from the resources of the Area
and for imports of commodities produced from such minerals shall not be more
favourable than the most favourable applied to imports from other sources.
Article 151: Production
policies
1. (a) Without prejudice
to the objectives set forth in article 150 and for the purpose of implementing
subparagraph (h) of that article, the Authority, acting through existing forums
or such new arrangements or agreements as may be appropriate, in which all
interested parties, including both producers and consumers, participate, shall
take measures necessary to promote the growth, efficiency and stability of
markets for those commodities produced from the minerals derived from the Area,
at prices remunerative to producers and fair to consumers. All States Parties
shall cooperate to this end.
(b) The Authority shall
have the right to participate in any commodity conference dealing with those
commodities and in which all interested parties including both producers and
consumers participate. The Authority shall have the right to become a party to
any arrangement or agreement resulting from such conferences. Participation of
the Authority in any organs established under those arrangements or agreements
shall be in respect of production in the Area and in accordance with the
relevant rules of those organs.
(c) The Authority shall
carry out its obligations under the arrangements or agreements referred to in
this paragraph in a manner which assures a uniform and non-discriminatory
implementation in respect of all production in the Area of the minerals
concerned. In doing so, the Authority shall act in a manner consistent with the
terms of existing contracts and approved plans of work of the Enterprise.
2. (a) During the
interim period specified in paragraph 3, commercial production shall not be
undertaken pursuant to an approved plan of work until the operator has applied
for and has been issued a production authorization by the Authority. Such
production authorizations may not be applied for or issued more than five years
prior to the planned commencement of commercial production under the plan of
work unless, having regard to the nature and timing of project development, the
rules, regulations and procedures of the Authority prescribe another period.
(b) In the application
for the production authorization, the operator shall specify the annual
quantity of nickel expected to be recovered under the approved plan of work.
The application shall include a schedule of expenditures to be made by the
operator after he has received the authorization which are reasonably
calculated to allow him to begin commercial production on the date planned.
(c) For the purposes of
subparagraphs (a) and (b), the Authority shall establish appropriate
performance requirements in accordance with Annex III, article 17.
(d) The Authority shall
issue a production authorization for the level of production applied for unless
the sum of that level and the levels already authorized exceeds the nickel
production ceiling, as calculated pursuant to paragraph 4 in the year of
issuance of the authorization, during any year of planned production falling
within the interim period.
(e) When issued, the
production authorization and approved application shall become a part of the
approved plan of work. (f) If the operator's application for a production
authorization is denied pursuant to subparagraph (d), the operator may apply
again to the Authority at any time.
3. The interim period
shall begin five years prior to 1 January of the year in which the earliest
commercial production is planned to commence under an approved plan of work. If
the earliest commercial production is delayed beyond the year originally
planned, the beginning of the interim period and the production ceiling
originally calculated shall be adjusted accordingly. The interim period shall
last 25 years or until the end of the Review Conference referred to in article
155 or until the day when such new arrangements or agreements as are referred
to in paragraph 1 enter into force, whichever is earliest. The Authority shall
resume the power provided in this article for the remainder of the interim
period if the said arrangements or agreements should lapse or become
ineffective for any reason whatsoever.
4. (a) The production
ceiling for any year of the interim period shall be the sum of:
(i) the difference
between the trend line values for nickel consumption, as calculated pursuant to
subparagraph (b), for the year immediately prior to the year of the earliest
commercial production and the year immediately prior to the commencement of the
interim period; and
(ii) sixty per cent of
the difference between the trend line values for nickel consumption, as
calculated pursuant to subparagraph (b), for the year for which the production
authorization is being applied for and the year immediately prior to the year
of the earliest commercial production.
(b) For the purposes of
subparagraph (a):
(i) trend line values
used for computing the nickel production ceiling shall be those annual nickel
consumption values on a trend line computed during the year in which a
production authorization is issued. The trend line shall be derived from a
linear regression of the logarithms of actual nickel consumption for the most
recent 15-year period for which such data are available, time being the
independent variable. This trend line shall be referred to as the original
trend line;
(ii) if the annual rate
of increase of the original trend line is less than 3 per cent, then the trend
line used to determine the quantities referred to in subparagraph (a) shall
instead be one passing through the original trend line at the value for the
first year of the relevant 15-year period, and increasing at 3 per cent
annually; provided however that the production ceiling established for any year
of the interim period may not in any case exceed the difference between the
original trend line value for that year and the original trend line value for
the year immediately prior to the commencement of the interim period.
5. The Authority shall
reserve to the Enterprise for its initial production a quantity of 38,000
metric tonnes of nickel from the available production ceiling calculated
pursuant to paragraph 4.
6. (a) An operator may
in any year produce less than or up to 8 per cent more than the level of annual
production of minerals from polymetallic nodules specified in his production
authorization, provided that the over-all amount of production shall not exceed
that specified in the authorization. Any excess over 8 per cent and up to 20
per cent in any year, or any excess in the first and subsequent years following
two consecutive years in which excesses occur, shall be negotiated with the
Authority, which may require the operator to obtain a supplementary production
authorization to cover additional production.
(b) Applications for
such supplementary production authorizations shall be considered by the
Authority only after all pending applications by operators who have not yet
received production authorizations have been acted upon and due account has
been taken of other likely applicants. The Authority shall be guided by the
principle of not exceeding the total production allowed under the production
ceiling in any year of the interim period.
It shall not authorize
the production under any plan of work of a quantity in excess of 46,500 metric
tonnes of nickel per year.
7. The levels of
production of other metals such as copper, cobalt and manganese extracted from
the polymetallic nodules that are recovered pursuant to a production authorization
should not be higher than those which would have been produced had the operator
produced the maximum level of nickel from those nodules pursuant to this
article. The Authority shall establish rules, regulations and procedures
pursuant to Annex III, article 17, to implement this paragraph.
8. Rights and
obligations relating to unfair economic practices under relevant multilateral
trade agreements shall apply to the exploration for and exploitation of
minerals from the Area. In the settlement of disputes arising under this
provision, States Parties which are Parties to such multilateral trade
agreements shall have recourse to the dispute settlement procedures of such
agreements.
9. The Authority shall
have the power to limit the level of production of minerals from the Area,
other than minerals from polymetallic nodules, under such conditions and
applying such methods as may be appropriate by adopting regulations in
accordance with article 161, paragraph 8.
10. Upon the
recommendation of the Council on the basis of advice from the Economic Planning
Commission, the Assembly shall establish a system of compensation or take other
measures of economic adjustment assistance including cooperation with
specialized agencies and other international organizations to assist developing
countries which suffer serious adverse effects on their export earnings or
economies resulting from a reduction in the price of an affected mineral or in
the volume of exports of that mineral, to the extent that such reduction is
caused by activities in the Area. The Authority on request shall initiate
studies on the problems of those States which are likely to be most seriously
affected with a view to minimizing their difficulties and assisting them in
their economic adjustment.
Article 152: Exercise of
powers and functions by the Authority
1. The Authority shall
avoid discrimination in the exercise of its powers and functions, including the
granting of opportunities for activities in the Area.
2. Nevertheless, special
consideration for developing States, including particular consideration for the
land-locked and geographically disadvantaged among them, specifically provided
for in this Part shall be permitted.
Article 153: System of
exploration and exploitation
1. Activities in the
Area shall be organized, carried out and controlled by the Authority on behalf
of mankind as a whole in accordance with this article as well as other relevant
provisions of this Part and the relevant Annexes, and the rules, regulations
and procedures of the Authority.
2. Activities in the
Area shall be carried out as prescribed in paragraph 3:
(a) by the Enterprise,
and
(b) in association with
the Authority by States Parties, or state enterprises or natural or juridical
persons which possess the nationality of States Parties or are effectively
controlled by them or their nationals, when sponsored by such States, or any
group of the foregoing which meets the requirements provided in this Part and
in Annex III.
3. Activities in the
Area shall be carried out in accordance with a formal written plan of work
drawn up in accordance with Annex III and approved by the Council after review
by the Legal and Technical Commission. In the case of activities in the Area
carried out as authorized by the Authority by the entities specified in
paragraph 2(b), the plan of work shall, in accordance with Annex III, article
3, be in the form of a contract.
Such contracts may
provide for joint arrangements in accordance with Annex III, article 11.
4. The Authority shall
exercise such control over activities in the Area as is necessary for the
purpose of securing compliance with the relevant provisions of this Part and
the Annexes relating thereto, and the rules, regulations and procedures of the
Authority, and the plans of work approved in accordance with paragraph 3.
States Parties shall assist the Authority by taking all measures necessary to
ensure such compliance in accordance with article 139.
5. The Authority shall
have the right to take at any time any measures provided for under this Part to
ensure compliance with its provisions and the exercise of the functions of
control and regulation assigned to it thereunder or under any contract. The
Authority shall have the right to inspect all installations in the Area used in
connection with activities in the Area.
6. A contract under
paragraph 3 shall provide for security of tenure. Accordingly, the contract
shall not be revised, suspended or terminated except in accordance with Annex
III, articles 18 and 19.
Article 154: Periodic
review
Every five years from
the entry into force of this Convention, the Assembly shall undertake a general
and systematic review of the manner in which the international regime of the
Area established in this Convention has operated in practice. In the light of this
review the Assembly may take, or recommend that other organs take, measures in
accordance with the provisions and procedures of this Part and the Annexes
relating thereto which will lead to the improvement of the operation of the
regime.
Article 155: The Review
Conference
1. Fifteen years from 1
January of the year in which the earliest commercial production commences under
an approved plan of work, the Assembly shall convene a conference for the
review of those provisions of this Part and the relevant Annexes which govern
the system of exploration and exploitation of the resources of the Area. The
Review Conference shall consider in detail, in the light of the experience
acquired during that period: (a) whether the provisions of this Part which
govern the system of exploration and exploitation of the resources of the Area
have achieved their aims in all respects, including whether they have benefited
mankind as a whole;
(b) whether, during the
15-year period, reserved areas have been exploited in an effective and balanced
manner in comparison with non-reserved areas;
(c) whether the
development and use of the Area and its resources have been undertaken in such
a manner as to foster healthy development of the world economy and balanced
growth of international trade;
(d) whether
monopolization of activities in the Area has been prevented;
(e) whether the policies
set forth in articles 150 and 151 have been fulfilled; and
(f) whether the system
has resulted in the equitable sharing of benefits derived from activities in
the Area, taking into particular consideration the interests and needs of the
developing States.
2. The Review Conference
shall ensure the maintenance of the principle of the common heritage of
mankind, the international regime designed to ensure equitable exploitation of
the resources of the Area for the benefit of all countries, especially the
developing States, and an Authority to organize, conduct and control activities
in the Area. It shall also ensure the maintenance of the principles laid down
in this Part with regard to the exclusion of claims or exercise of sovereignty
over any part of the Area, the rights of States and their general conduct in
relation to the Area, and their participation in activities in the Area in
conformity with this Convention, the prevention of monopolization of activities
in the Area, the use of the Area exclusively for peaceful purposes, economic
aspects of activities in the Area, marine scientific research, transfer of
technology, protection of the marine environment, protection of human life,
rights of coastal States, the legal status of the waters superjacent to the
Area and that of the air space above those waters and accommodation between
activities in the Area and other activities in the marine environment.
3. The decision-making
procedure applicable at the Review Conference shall be the same as that
applicable at the Third United Nations Conference on the Law of the Sea. The
Conference shall make every effort to reach agreement on any amendments by way
of consensus and there should be no voting on such matters until all efforts at
achieving consensus have been exhausted.
4. If, five years after
its commencement, the Review Conference has not reached agreement on the system
of exploration and exploitation of the resources of the Area, it may decide
during the ensuing 12 months, by a three-fourths majority of the States
Parties, to adopt and submit to the States Parties for ratification or
accession such amendments changing or modifying the system as it determines
necessary and appropriate. Such amendments shall enter into force for all
States Parties 12 months after the deposit of instruments of ratification or
accession by three fourths of the States Parties.
5. Amendments adopted by
the Review Conference pursuant to this article shall not affect rights acquired
under existing contracts.
SECTION 4. THE AUTHORITY
SUBSECTION A. GENERAL
PROVISIONS
Article 156:
Establishment of the Authority
1. There is hereby
established the International Seabed Authority, which shall function in
accordance with this Part.
2. All States Parties
are ipso facto members of the Authority.
3. Observers at the
Third United Nations Conference on the Law of the Sea who have signed the Final
Act and who are not referred to in article 305, paragraph 1(c), (d), (e) or
(f), shall have the right to participate in the Authority as observers, in
accordance with its rules, regulations and procedures.
4. The seat of the
Authority shall be in Jamaica.
5. The Authority may
establish such regional centres or offices as it deems necessary for the
exercise of its functions.
Article 157: Nature and
fundamental principles of the Authority
1. The Authority is the
organization through which States Parties shall, in accordance with this Part,
organize and control activities in the Area, particularly with a view to
administering the resources of the Area.
2. The powers and
functions of the Authority shall be those expressly conferred upon it by this
Convention. The Authority shall have such incidental powers, consistent with
this Convention, as are implicit in and necessary for the exercise of those
powers and functions with respect to activities in the Area.
3. The Authority is
based on the principle of the sovereign equality of all its members.
4. All members of the
Authority shall fulfil in good faith the obligations assumed by them in
accordance with this Part in order to ensure to all of them the rights and
benefits resulting from membership.
Article 158: Organs of
the Authority
1. There are hereby
established, as the principal organs of the Authority, an Assembly, a Council
and a Secretariat.
2. There is hereby
established the Enterprise, the organ through which the Authority shall carry
out the functions referred to in article 170, paragraph 1.
3. Such subsidiary
organs as may be found necessary may be established in accordance with this
Part.
4. Each principal organ
of the Authority and the Enterprise shall be responsible for exercising those
powers and functions which are conferred upon it. In exercising such powers and
functions each organ shall avoid taking any action which may derogate from or
impede the exercise of specific powers and functions conferred upon another
organ.
SUBSECTION B. THE
ASSEMBLY
Article 159:
Composition, procedure and voting
1. The Assembly shall
consist of all the members of the Authority. Each member shall have one
representative in the Assembly, who may be accompanied by alternates and
advisers.
2. The Assembly shall
meet in regular annual sessions and in such special sessions as may be decided
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.
3. Sessions shall take
place at the seat of the Authority unless otherwise decided by the Assembly.
4. The Assembly shall
adopt its rules of procedure. At the beginning of each regular session, it
shall elect its President and such other officers as may be required. They
shall hold office until a new President and other officers are elected at the
next regular session.
5. A majority of the
members of the Assembly shall constitute a quorum.
6. Each member of the
Assembly shall have one vote.
7. Decisions on
questions of procedure, including decisions to convene special sessions of the
Assembly, shall be taken by a majority of the members present and voting.
8. Decisions on
questions of substance shall be taken by a two-thirds majority of the members
present and voting, provided that such majority includes a majority of the
members participating in the session. When the issue arises as to whether a
question is one of substance or not, that question shall be treated as one of
substance unless otherwise decided by the Assembly by the majority required for
decisions on questions of substance.
9. When a question of
substance comes up for voting for the first time, the President may, and shall,
if requested by at least one fifth of the members of the Assembly, defer the
issue of taking a vote on that question for a period not exceeding five
calendar days. This rule may be applied only once to any question, and shall
not be applied so as to defer the question beyond the end of the session.
10. Upon a written
request addressed to the President and sponsored by at least one fourth of the
members of the Authority for an advisory opinion on the conformity with this
Convention of a proposal before the Assembly on any matter, the Assembly shall
request the Seabed Disputes Chamber of the International Tribunal for the Law
of the Sea to give an advisory opinion thereon and shall defer voting on that
proposal pending receipt of the advisory opinion by the Chamber. If the
advisory opinion is not received before the final week of the session in which
it is requested, the Assembly shall decide when it will meet to vote upon the
deferred proposal.
Article 160: Powers and
functions
1. The Assembly, as the
sole organ of the Authority consisting of all the members, shall be considered
the supreme organ of the Authority to which the other principal organs shall be
accountable as specifically provided for in this Convention. The Assembly shall
have the power to establish general policies in conformity with the relevant
provisions of this Convention on any question or matter within the competence
of the Authority.
2. In addition, the
powers and functions of the Assembly shall be:
(a) to elect the members
of the Council in accordance with article 161;
(b) to elect the
Secretary-General from among the candidates proposed by the Council;
(c) to elect, upon the
recommendation of the Council, the members of the Governing Board of the
Enterprise and the Director-General of the Enterprise;
(d) to establish such
subsidiary organs as it finds necessary for the exercise of its functions in
accordance with this Part. In the composition of these subsidiary organs due
account shall be taken of the principle of equitable geographical distribution
and of special interests and the need for members qualified and competent in
the relevant technical questions dealt with by such organs;
(e) to assess the
contributions of members to the administrative budget of the Authority in
accordance with an agreed scale of assessment based upon the scale used for the
regular budget of the United Nations until the Authority shall have sufficient
income from other sources to meet its administrative expenses;
(f) (i) to consider and
approve, upon the recommendation of the Council, the rules, regulations and
procedures on the equitable sharing of financial and other economic benefits
derived from activities in the Area and the payments and contributions made
pursuant to article 82, taking into particular consideration the interests and
needs of developing States and peoples who have not attained full independence
or other self-governing status. If the Assembly does not approve the recommendations
of the Council, the Assembly shall return them to the Council for
reconsideration in the light of the views expressed by the Assembly;
(ii) to consider and
approve the rules, regulations and procedures of the Authority, and any
amendments thereto, provisionally adopted by the Council pursuant to article
162, paragraph 2 (o)(ii). These rules, regulations and procedures shall relate
to prospecting, exploration and exploitation in the Area, the financial
management and internal administration of the Authority, and, upon the
recommendation of the Governing Board of the Enterprise, to the transfer of
funds from the Enterprise to the Authority;
(g) to decide upon the
equitable sharing of financial and other economic benefits derived from
activities in the Area, consistent with this Convention and the rules,
regulations and procedures of the Authority;
(h) to consider and
approve the proposed annual budget of the Authority submitted by the Council;
(i) to examine periodic
reports from the Council and from the Enterprise and special reports requested
from the Council or any other organ of the Authority;
(j) to initiate studies
and make recommendations for the purpose of promoting international cooperation
concerning activities in the Area and encouraging the progressive development
of international law relating thereto and its codification;
(k) to consider problems
of a general nature in connection with activities in the Area arising in
particular for developing States, as well as those problems for States in
connection with activities in the Area that are due to their geographical
location, particularly for land-locked and geographically disadvantaged States;
(l) to establish, upon
the recommendation of the Council, on the basis of advice from the Economic Planning
Commission, a system of compensation or other measures of economic adjustment
assistance as provided in article 151, paragraph 10;
(m) to suspend the
exercise of rights and privileges of membership pursuant to article 185;
(n) to discuss any
question or matter within the competence of the Authority and to decide as to
which organ of the Authority shall deal with any such question or matter not
specifically entrusted to a particular organ, consistent with the distribution
of powers and functions among the organs of the Authority.
SUBSECTION C. THE
COUNCIL
Article 161:
Composition, procedure and voting
1. The Council shall
consist of 36 members of the Authority elected by the Assembly in the following
order:
(a) four members from
among those States Parties which, during the last five years for which
statistics are available, have either consumed more than 2 per cent of total
world consumption or have had net imports of more than 2 per cent of total
world imports of the commodities produced from the categories of minerals to be
derived from the Area, and in any case one State from the Eastern European
(Socialist) region, as well as the largest consumer;
(b) four members from
among the eight States Parties which have the largest investments in
preparation for and in the conduct of activities in the Area, either directly
or through their nationals, including at least one State from the Eastern
European (Socialist) region;
(c) four members from
among States Parties which on the basis of production in areas under their
jurisdiction are major net exporters of the categories of minerals to be
derived from the Area, including at least two developing States whose exports
of such minerals have a substantial bearing upon their economies;
(d) six members from
among developing States Parties, representing special
interests. The special interests to be
represented shall include those of States with large populations,
States which are
land-locked or geographically disadvantaged, States which are major importers
of the categories of minerals to be derived from the Area, States which are
potential producers of such minerals, and least developed States;
(e) eighteen members
elected according to the principle of ensuring an equitable geographical
distribution of seats in the Council as a whole, provided that each
geographical region shall have at least one member elected under this
subparagraph. For this purpose, the geographical regions shall be Africa, Asia,
Eastern European (Socialist), Latin America and Western European and Others.
2. In electing the
members of the Council in accordance with paragraph 1, the Assembly shall
ensure that:
(a) land-locked and
geographically disadvantaged States are represented to a degree which is
reasonably proportionate to their representation in the Assembly;
(b) coastal States,
especially developing States, which do not qualify under paragraph 1(a), (b),
(c) or (d) are represented to a degree which is reasonably proportionate to
their representation in the Assembly;
(c) each group of States
Parties to be represented on the Council is represented by those members, if
any, which are nominated by that group.
3. Elections shall take
place at regular sessions of the Assembly. Each member of the Council shall be
elected for four years. At the first election, however, the term of one half of
the members of each group referred to in paragraph l shall be two years.
4. Members of the
Council shall be eligible for re-election, but due regard should be paid to the
desirability of rotation of membership.
5. 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.
6. A majority of the
members of the Council shall constitute a quorum.
7. Each member of the
Council shall have one vote.
8. (a) Decisions on
questions of procedure shall be taken by a majority of the members present and
voting.
(b) Decisions on
questions of substance arising under the following provisions shall be taken by
a two-thirds majority of the members present and voting, provided that such
majority includes a majority of the members of the Council: article 162,
paragraph 2, subparagraphs (f); (g); (h); (i); (n); (p); (v); article 191.
(c) Decisions on
questions of substance arising under the following provisions shall be taken by
a three-fourths majority of the members present and voting, provided that such
majority includes a majority of the members of the Council: article 162,
paragraph 1; article 162, paragraph 2, subparagraphs (a); (b); (c); (d); (e);
(l); (q); (r); (s); (t); (u) in cases of non-compliance by a contractor or a
sponsor; (w) provided that orders issued thereunder may be binding for not more
than 30 days unless confirmed by a decision taken in accordance with subparagraph
(d); article 162, paragraph 2, subparagraphs (x); (y); (z); article 163,
paragraph 2; article 174, paragraph 3; Annex IV, article 11.
(d) Decisions on
questions of substance arising under the following provisions shall be taken by
consensus: article 162, paragraph 2(m) and (o); adoption of amendments to Part
XI.
(e) For the purposes of
subparagraphs (d), (f) and (g), "consensus" means the absence of any
formal objection. Within 14 days of the submission of a proposal to the
Council, the President of the Council shall determine whether there would be a
formal objection to the adoption of the proposal. If the President determines
that there would be such an objection, the President shall establish and
convene, within three days following such determination, a conciliation
committee consisting of not more than nine members of the Council, with the
President as chairman, for the purpose of reconciling the differences and
producing a proposal which can be adopted by consensus. The committee shall
work expeditiously and report to the Council within 14 days following its
establishment. If the committee is unable to recommend a proposal which can be
adopted by consensus, it shall set out in its report the grounds on which the
proposal is being opposed.
(f) Decisions on
questions not listed above which the Council is authorized to take by the
rules, regulations and procedures of the Authority or otherwise shall be taken
pursuant to the subparagraphs of this paragraph specified in the rules,
regulations and procedures or, if not specified therein, then pursuant to the
subparagraph determined by the Council if possible in advance, by consensus.
(g) When the issue
arises as to whether a question is within subparagraph (a), (b), (c) or (d),
the question shall be treated as being within the subparagraph requiring the
higher or highest majority or consensus as the case may be, unless otherwise
decided by the Council by the said majority or by consensus.
9. 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.
Article 162: Powers and
functions
1. The Council is the
executive organ of the Authority. The Council shall have the power to
establish, in conformity with this Convention and the general policies
established by the Assembly, the specific policies to be pursued by the
Authority on any question or matter within the competence of the Authority.
2. In addition, the
Council shall:
(a) supervise and
coordinate the implementation of the provisions of this Part on all questions
and matters within the competence of the Authority and invite the attention of
the Assembly to cases of non-compliance;
(b) propose to the
Assembly a list of candidates for the election of the Secretary-General;
(c) recommend to the
Assembly candidates for the election of the members of the Governing Board of
the Enterprise and the Director-General of the Enterprise;
(d) establish, as
appropriate, and with due regard to economy and efficiency, such subsidiary
organs as it finds necessary for the exercise of its functions in accordance
with this Part. In the composition of subsidiary organs, emphasis shall be
placed on the need for members qualified and competent in relevant technical
matters dealt with by those organs provided that due account shall be taken of
the principle of equitable geographical distribution and of special interests;
(e) adopt its rules of
procedure including the method of selecting its president;
(f) enter into
agreements with the United Nations or other international organizations on
behalf of the Authority and within its competence, subject to approval by the
Assembly;
(g) consider the reports
of the Enterprise and transmit them to the Assembly with its recommendations;
(h) present to the
Assembly annual reports and such special reports as the Assembly may request;
(i) issue directives to
the Enterprise in accordance with article 170; (j) approve plans of work in
accordance with Annex III, article 6.
The Council shall act
upon each plan of work within 60 days of its submission by the Legal and
Technical Commission at a session of the Council in accordance with the
following procedures:
(i) if the Commission
recommends the approval of a plan of work, it shall be deemed to have been
approved by the Council if no member of the Council submits in writing to the
President within 14 days a specific objection alleging non-compliance with the
requirements of Annex III, article 6. If there is an objection, the
conciliation procedure set forth in article 161, paragraph 8(e), shall apply.
If, at the end of the conciliation procedure, the objection is still
maintained, the plan of work shall be deemed to have been approved by the
Council unless the Council disapproves it by consensus among its members
excluding any State or States making the application or sponsoring the
applicant; (ii) if the Commission recommends the disapproval of a plan of work
or does not make a recommendation, the Council may approve the plan of work by
a three-fourths majority of the members present and voting, provided that such
majority includes a majority of the members participating in the session;
(k) approve plans of
work submitted by the Enterprise in accordance with Annex IV, article 12,
applying, mutatis mutandis, the procedures set forth in subparagraph (j);
(l) exercise control
over activities in the Area in accordance with article 153, paragraph 4, and
the rules, regulations and procedures of the Authority;
(m) take, upon the
recommendation of the Economic Planning Commission, necessary and appropriate
measures in accordance with article 150, subparagraph (h), to provide
protection from the adverse economic effects specified therein;
(n) make recommendations
to the Assembly, on the basis of advice from the Economic Planning Commission,
for a system of compensation or other measures of economic adjustment
assistance as provided in article 151, paragraph 10;
(o) (i) recommend to the
Assembly rules, regulations and procedures on the equitable sharing of
financial and other economic benefits derived from activities in the Area and
the payments and contributions made pursuant to article 82, taking into
particular consideration the interests and needs of the developing States and
peoples who have not attained full independence or other self-governing status;
(ii) adopt and apply
provisionally, pending approval by the Assembly, the rules, regulations and
procedures of the Authority, and any amendments thereto, taking into account
the recommendations of the Legal and Technical Commission or other subordinate
organ concerned. These rules, regulations and procedures shall relate to
prospecting, exploration and exploitation in the Area and the financial
management and internal administration of the Authority. Priority shall be
given to the adoption of rules, regulations and procedures for the exploration
for and exploitation of polymetallic nodules. Rules, regulations and procedures
for the exploration for and exploitation of any resource other than
polymetallic nodules shall be adopted within three years from the date of a
request to the Authority by any of its members to adopt such rules, regulations
and procedures in respect of such resource. All rules, regulations and
procedures shall remain in effect on a provisional basis until approved by the
Assembly or until amended by the Council in the light of any views expressed by
the Assembly;
(p) review the
collection of all payments to be made by or to the Authority in connection with
operations pursuant to this Part;
(q) make the selection
from among applicants for production authorizations pursuant to Annex III,
article 7, where such selection is required by that provision;
(r) submit the proposed
annual budget of the Authority to the Assembly for its approval;
(s) make recommendations
to the Assembly concerning policies on any question or matter within the
competence of the Authority; (t) make recommendations to the Assembly
concerning suspension of the exercise of the rights and privileges of
membership pursuant to article 185;
(u) institute
proceedings on behalf of the Authority before the Seabed Disputes Chamber in
cases of non-compliance;
(v) notify the Assembly
upon a decision by the Seabed Disputes Chamber in proceedings instituted under
subparagraph
(u), and make any
recommendations which it may find appropriate with respect to measures to be
taken;
(w) issue emergency
orders, which may include orders for the suspension or adjustment of
operations, to prevent serious harm to the marine environment arising out of
activities in the Area; (x) disapprove areas for exploitation by contractors or
the Enterprise in cases where substantial evidence indicates the risk of
serious harm to the marine environment;
(y) establish a
subsidiary organ for the elaboration of draft financial rules, regulations and
procedures relating to:
(i) financial management
in accordance with articles 171 to 175; and
(ii) financial
arrangements in accordance with Annex III, article 13 and article 17, paragraph
1(c);
(z) establish
appropriate mechanisms for directing and supervising a staff of inspectors who
shall inspect activities in the Area to determine whether this Part, the rules,
regulations and procedures of the Authority, and the terms and conditions of
any contract with the Authority are being complied with.
Article 163: Organs of
the Council
1. There are hereby
established the following organs of the Council:
(a) an Economic Planning
Commission;
(b) a Legal and
Technical Commission.
2. Each Commission shall
be composed of 15 members, elected by the Council from among the candidates
nominated by the States Parties. However, if necessary, the Council may decide
to increase the size of either Commission having due regard to economy and
efficiency.
3. Members of a
Commission shall have appropriate qualifications in the area of competence of
that Commission. States Parties shall nominate candidates of the highest
standards of competence and integrity with qualifications in relevant fields so
as to ensure the effective exercise of the functions of the Commissions.
4. In the election of
members of the Commissions, due account shall be taken of the need for
equitable geographical distribution and the representation of special
interests.
5. No State Party may
nominate more than one candidate for the same Commission. No person shall be
elected to serve on more than one Commission.
6. Members of the
Commissions shall hold office for a term of five years. They shall be eligible
for re-election for a further term.
7. In the event of the
death, incapacity or resignation of a member of a Commission prior to the
expiration of the term of office, the Council shall elect for the remainder of
the term, a member from the same geographical region or area of interest.
8. Members of
Commissions shall have no financial interest in any activity relating to
exploration and exploitation in the Area. Subject to their responsibilities to
the Commissions upon which they serve, they shall not disclose, even after the
termination of their functions, any industrial secret, proprietary data which
are transferred to the Authority in accordance with Annex III, article l4, or
any other confidential information coming to their knowledge by reason of their
duties for the Authority.
9. Each Commission shall
exercise its functions in accordance with such guidelines and directives as the
Council may adopt.
10. Each Commission
shall formulate and submit to the Council for approval such rules and
regulations as may be necessary for the efficient conduct of the Commission's
functions.
11. The decision-making
procedures of the Commissions shall be established by the rules, regulations
and procedures of the Authority. Recommendations to the Council shall, where
necessary, be accompanied by a summary on the divergencies of opinion in the
Commission.
12. Each Commission
shall normally function at the seat of the Authority and shall meet as often as
is required for the efficient exercise of its functions.
13. In the exercise of
its functions, each Commission may, where appropriate, consult another
commission, any competent organ of the United Nations or of its specialized
agencies or any international organizations with competence in the
subject-matter of such consultation.
Article 164: The
Economic Planning Commission
1. Members of the
Economic Planning Commission shall have appropriate qualifications such as those
relevant to mining, management of mineral resource activities, international
trade or international economics. The Council shall endeavour to ensure that
the membership of the Commission reflects all appropriate qualifications. The
Commission shall include at least two members from developing States whose
exports of the categories of minerals to be derived from the Area have a
substantial bearing upon their economies.
2. The Commission shall:
(a) propose, upon the
request of the Council, measures to implement decisions relating to activities
in the Area taken in accordance with this Convention;
(b) review the trends of
and the factors affecting supply, demand and prices of minerals which may be
derived from the Area, bearing in mind the interests of both importing and
exporting countries, and in particular of the developing States among them;
(c) examine any
situation likely to lead to the adverse effects referred to in article 150,
subparagraph (h), brought to its attention by the State Party or States Parties
concerned, and make appropriate recommendations to the Council;
(d) propose to the
Council for submission to the Assembly, as provided in article 151, paragraph
10, a system of compensation or other measures of economic adjustment
assistance for developing States which suffer adverse effects caused by
activities in the Area. The Commission shall make the recommendations to the
Council that are necessary for the application of the system or other measures
adopted by the Assembly in specific cases.
Article 165: The Legal
and Technical Commission
1. Members of the Legal
and Technical Commission shall have appropriate qualifications such as those
relevant to exploration for and exploitation and processing of mineral
resources, oceanology, protection of the marine environment, or economic or
legal matters relating to ocean mining and related fields of expertise. The
Council shall endeavour to ensure that the membership of the Commission
reflects all appropriate qualifications.
2. The Commission shall:
(a) make recommendations
with regard to the exercise of the Authority's functions upon the request of
the Council;
(b) review formal
written plans of work for activities in the Area in accordance with article
153, paragraph 3, and submit appropriate recommendations to the Council. The
Commission shall base its recommendations solely on the grounds stated in Annex
III and shall report fully thereon to the Council;
(c) supervise, upon the
request of the Council, activities in the Area, where appropriate, in consultation
and collaboration with any entity carrying out such activities or State or
States concerned and report to the Council;
(d) prepare assessments
of the environmental implications of activities in the Area;
(e) make recommendations
to the Council on the protection of the marine environment, taking into account
the views of recognized experts in that field;
(f) formulate and submit
to the Council the rules, regulations and procedures referred to in article
162, paragraph 2(o), taking into account all relevant factors including
assessments of the environmental implications of activities in the Area;
(g) 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;
(h) make recommendations
to the Council regarding the establishment of a monitoring programme to
observe, measure, evaluate and analyse, by recognized scientific methods, on a
regular basis, the risks or effects of pollution of the marine environment
resulting from activities in the Area, ensure that existing regulations are
adequate and are complied with and coordinate the implementation of the
monitoring programme approved by the Council;
(i) recommend to the
Council that proceedings be instituted on behalf of the Authority before the
Seabed Disputes Chamber, in accordance with this Part and the relevant Annexes
taking into account particularly article 187;
(j) make recommendations
to the Council with respect to measures to be taken, upon a decision by the
Seabed Disputes Chamber in proceedings instituted in accordance with
subparagraph (i);
(k) make recommendations
to the Council to issue emergency orders, which may include orders for the
suspension or adjustment of operations, to prevent serious harm to the marine
environment arising out of activities in the Area. Such recommendations shall
be taken up by the Council on a priority basis;
(l) make recommendations
to the Council to disapprove areas for exploitation by contractors or the
Enterprise in cases where substantial evidence indicates the risk of serious
harm to the marine environment;
(m) make recommendations
to the Council regarding the direction and supervision of a staff of inspectors
who shall inspect activities in the Area to determine whether the provisions of
this
Part, the rules,
regulations and procedures of the Authority, and the terms and conditions of
any contract with the Authority are being complied with;
(n) calculate the
production ceiling and issue production authorizations on behalf of the
Authority pursuant to article 151, paragraphs 2 to 7, following any necessary
selection among applicants for production authorizations by the Council in
accordance with Annex III, article 7.
3. The members of the
Commission shall, upon request by any State Party or other party concerned, be
accompanied by a representative of such State or other party concerned when
carrying out their function of supervision and inspection.
SUBSECTION D. THE
SECRETARIAT
Article 166: The
Secretariat
1. The Secretariat of
the Authority shall comprise a Secretary-General and such staff as the
Authority may require.
2. The Secretary-General
shall be elected for four years by the Assembly from among the candidates
proposed by the Council and may be re-elected.
3. The Secretary-General
shall be the chief administrative officer of the Authority, and shall act in
that capacity in all meetings of the Assembly, of the Council and of any
subsidiary organ, and shall perform such other administrative functions as are
entrusted to the Secretary-General by these organs.
4. The Secretary-General
shall make an annual report to the Assembly on the work of the Authority.
Article 167: The staff
of the Authority
1. The staff of the
Authority shall consist of such qualified scientific and technical and other
personnel as may be required to fulfil the administrative functions of the
Authority.
2. The paramount
consideration in the recruitment and employment of the staff and in the
determination of their conditions of service shall be the necessity of securing
the highest standards of efficiency, competence and integrity. Subject to this
consideration, due regard shall be paid to the importance of recruiting the
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 they shall be
appointed, remunerated and dismissed shall be in accordance with the rules,
regulations and procedures of the Authority.
Article 168:
International character of the Secretariat
1. In the performance 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 responsible only to the Authority. Each State Party
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. Any violation of
responsibilities by a staff member shall be submitted to the appropriate
administrative tribunal as provided in the rules, regulations and procedures of
the Authority.
2. The Secretary-General
and the staff shall have no financial interest in any activity relating to
exploration and exploitation in the Area. Subject to their responsibilities to
the Authority, they shall not disclose, even after the termination of their
functions, any industrial secret, proprietary data which are transferred to the
Authority in accordance with Annex III, article 14, or any other confidential
information coming to their knowledge by reason of their employment with the
Authority.
3. Violations of the
obligations of a staff member of the Authority set forth in paragraph 2 shall,
on the request of a State Party affected by such violation, or a natural or
juridical person, sponsored by a State Party as provided in article 153,
paragraph 2(b), and affected by such violation, be submitted by the Authority
against the staff member concerned to a tribunal designated by the rules,
regulations and procedures of the Authority. The Party affected shall have the
right to take part in the proceedings. If the tribunal so recommends, the
Secretary-General shall dismiss the staff member concerned.
4. The rules,
regulations and procedures of the Authority shall contain such provisions as
are necessary to implement this article.
Article 169:
Consultation and cooperation with international and non-governmental
organizations
1. The Secretary-General
shall, on matters within the competence of the Authority, make suitable
arrangements, with the approval of the Council, for consultation and
cooperation with international and non-governmental organizations recognized by
the Economic and Social Council of the United Nations.
2. Any organization with
which the Secretary-General has entered into an arrangement under paragraph 1
may designate representatives to attend meetings of the organs of the Authority
as observers in accordance with the rules of procedure of these organs.
Procedures shall be established for obtaining the views of such organizations
in appropriate cases.
3. The Secretary-General
may distribute to States Parties written reports submitted by the
non-governmental organizations referred to in paragraph l on subjects in which
they have special competence and which are related to the work of the
Authority.
SUBSECTION E. THE
ENTERPRISE
Article 170: The
Enterprise
1. The Enterprise shall
be the organ of the Authority which shall carry out activities in the Area
directly, pursuant to article 153, paragraph 2(a), as well as the transporting,
processing and marketing of minerals recovered from the Area.
2. The Enterprise shall,
within the framework of the international legal personality of the Authority,
have such legal capacity as is provided for in the Statute set forth in Annex
IV. The Enterprise shall act in accordance with this Convention and the rules,
regulations and procedures of the Authority, as well as the general policies
established by the Assembly, and shall be subject to the directives and control
of the Council.
3. The Enterprise shall
have its principal place of business at the seat of the Authority.
4. The Enterprise shall,
in accordance with article 173, paragraph 2, and Annex IV, article 11, be
provided with such funds as it may require to carry out its functions, and
shall receive technology as provided in article 144 and other relevant
provisions of this Convention.
SUBSECTION F. FINANCIAL
ARRANGEMENTS OF THE AUTHORITY
Article 171: Funds of
the Authority
The funds of the
Authority shall include:
(a) assessed
contributions made by members of the Authority in accordance with article 160,
paragraph 2(e);
(b) funds received by
the Authority pursuant to Annex III, article 13, in connection with activities
in the Area;
(c) funds transferred
from the Enterprise in accordance with Annex IV, article 10;
(d) funds borrowed
pursuant to article 174;
(e) voluntary
contributions made by members or other entities; and
(f) payments to a
compensation fund, in accordance with article 151, paragraph 10, whose sources
are to be recommended by the Economic Planning Commission.
Article 172: Annual
budget of the Authority
The Secretary-General
shall draft the proposed annual budget of the Authority and submit it to the
Council. The Council shall consider the proposed annual budget and submit it to
the Assembly, together with any recommendations thereon. The Assembly shall
consider and approve the proposed annual budget in accordance with article 160,
paragraph 2(h).
Article 173: Expenses of
the Authority
1. The contributions
referred to in article 171, subparagraph (a), shall be paid into a special
account to meet the administrative expenses of the Authority until the
Authority has sufficient funds from other sources to meet those expenses.
2. The administrative
expenses of the Authority shall be a first call upon the funds of the
Authority. Except for the assessed contributions referred to in article 171,
subparagraph (a), the funds which remain after payment of administrative
expenses may, inter alia:
(a) be shared in
accordance with article 140 and article 160, paragraph 2(g);
(b) be used to provide
the Enterprise with funds in accordance with article 170, paragraph 4;
(c) be used to
compensate developing States in accordance with article 151, paragraph 10, and
article 160, paragraph 2(l).
Article 174: Borrowing
power of the Authority
1. The Authority shall
have the power to borrow funds.
2. The Assembly shall prescribe
the limits on the borrowing power of the Authority in the financial regulations
adopted pursuant to article 160, paragraph 2(f).
3. The Council shall
exercise the borrowing power of the Authority.
4. States Parties shall
not be liable for the debts of the Authority.
Article 175: Annual
audit
The records, books and
accounts of the Authority, including its annual financial statements, shall be
audited annually by an independent auditor appointed by the Assembly.
SUBSECTION G. LEGAL
STATUS, PRIVILEGES AND IMMUNITIES
Article 176: Legal
status
The Authority shall have
international legal personality and such legal capacity as may be necessary for
the exercise of its functions and the fulfilment of its purposes.
Article 177: Privileges
and immunities
To enable the Authority
to exercise its functions, it shall enjoy in the territory of each State Party
the privileges and immunities set forth in this subsection. The privileges and
immunities relating to the Enterprise shall be those set forth in Annex IV, article
13.
Article 178: Immunity
from legal process
The Authority, its
property and assets, shall enjoy immunity from legal process except to the
extent that the Authority expressly waives this immunity in a particular case.
Article 179: Immunity
from search and any form of seizure
The property and assets
of the Authority, wherever 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 180: Exemption
from restrictions, regulations, controls and moratoria
The property and assets
of the Authority shall be exempt from restrictions, regulations, controls and
moratoria of any nature.
Article 181: Archives
and official communications of the Authority
1. The archives of the
Authority, wherever located, shall be inviolable.
2. Proprietary data,
industrial secrets or similar information and personnel records shall not be
placed in archives which are open to public inspection.
3. With regard to its
official communications, the Authority shall be accorded by each State Party
treatment no less favourable than that accorded by that State to other
international organizations.
Article 182: Privileges
and immunities of certain persons connected with the Authority
Representatives of
States Parties attending meetings of the Assembly, the Council or organs of the
Assembly or the Council, and the Secretary-General and staff of the Authority,
shall enjoy in the territory of each State Party:
(a) immunity from legal process
with respect to acts performed by them in the exercise of their functions,
except to the extent that the State which they represent or the Authority, as
appropriate, expressly waives this immunity in a particular case;
(b) if they are not
nationals of that State Party, the same exemptions from immigration
restrictions, alien registration requirements and national service obligations,
the same facilities as regards exchange restrictions and the same treatment in
respect of travelling facilities as are accorded by that State to the
representatives, officials and employees of comparable rank of other States
Parties.
Article 183: Exemption
from taxes and customs duties
1. Within the scope of
its official activities, the Authority, its assets and property, its income,
and its operations and transactions, authorized by this Convention, shall be
exempt from all direct taxation and goods imported or exported for its official
use shall be exempt from all customs duties. The Authority shall not claim
exemption from taxes which are no more than charges for services rendered.
2. When purchases of
goods or services of substantial value necessary for the official activities of
the Authority are made by or on behalf of the Authority, and when the price of
such goods or services includes taxes or duties, appropriate measures shall, to
the extent practicable, be taken by States Parties to grant exemption from such
taxes or duties or provide for their reimbursement. Goods imported or purchased
under an exemption provided for in this article shall not be sold or otherwise
disposed of in the territory of the State Party which granted the exemption,
except under conditions agreed with that State Party.
3. No tax shall be
levied by States Parties on or in respect of salaries and emoluments paid or
any other form of payment made by the Authority to the Secretary-General and
staff of the Authority, as well as experts performing missions for the
Authority, who are not their nationals.
SUBSECTION H. SUSPENSION
OF THE EXERCISE OF RIGHTS AND PRIVILEGES OF MEMBERS
Article 184: Suspension
of the exercise of voting rights
A State Party which is
in arrears in the payment of its financial contributions to the Authority shall
have no vote if the amount of its arrears equals or exceeds the amount of the
contributions due from it for the preceding two full years. The Assembly may,
nevertheless, permit such a member to vote if it is satisfied that the failure
to pay is due to conditions beyond the control of the member.
Article 185: Suspension
of exercise of rights and privileges of membership
1. A State Party which
has grossly and persistently violated the provisions of this Part may be
suspended from the exercise of the rights and privileges of membership by the
Assembly upon the recommendation of the Council.
2. No action may be
taken under paragraph 1 until the Seabed Disputes Chamber has found that a
State Party has grossly and persistently violated the provisions of this Part.
SECTION 5. SETTLEMENT OF
DISPUTES AND ADVISORY OPINIONS
Article 186: Seabed
Disputes Chamber of the International Tribunal for the Law of the Sea
The establishment of the
Seabed Disputes Chamber and the manner in which it shall exercise its
jurisdiction shall be governed by the provisions of this section, of Part XV and
of Annex VI.
Article 187:
Jurisdiction of the Seabed Disputes Chamber
The Seabed Disputes
Chamber shall have jurisdiction under this Part and the Annexes relating
thereto in disputes with respect to activities in the Area falling within the
following categories:
(a) disputes between
States Parties concerning the interpretation or application of this Part and
the Annexes relating thereto;
(b) disputes between a
State Party and the Authority concerning:
(i) acts or omissions of
the Authority or of a State Party alleged to be in violation of this Part or
the Annexes relating thereto or of rules, regulations and procedures of the
Authority adopted in accordance therewith; or
(ii) acts of the
Authority alleged to be in excess of jurisdiction or a misuse of power;
(c) disputes between
parties to a contract, being States Parties, the Authority or the Enterprise,
state enterprises and natural or juridical persons referred to in article 153,
paragraph 2(b), concerning:
(i) the interpretation
or application of a relevant contract or a plan of work; or
(ii) acts or omissions
of a party to the contract relating to activities in the Area and directed to
the other party or directly affecting its legitimate interests;
(d) disputes between the
Authority and a prospective contractor who has been sponsored by a State as
provided in article 153, paragraph 2(b), and has duly fulfilled the conditions
referred to in Annex III, article 4, paragraph 6, and article 13, paragraph 2,
concerning the refusal of a contract or a legal issue arising in the
negotiation of the contract;
(e) disputes between the
Authority and a State Party, a state enterprise or a natural or juridical
person sponsored by a State Party as provided for in article 153, paragraph
2(b), where it is alleged that the Authority has incurred liability as provided
in Annex III, article 22;
(f) any other disputes
for which the jurisdiction of the Chamber is specifically provided in this
Convention.
Article 188: Submission
of disputes to a special chamber of the International Tribunal for the Law of
the Sea or an ad hoc chamber of the Seabed Disputes Chamber or to binding
commercial arbitration
1. Disputes between
States Parties referred to in article 187, subparagraph (a), may be submitted:
(a) at the request of
the parties to the dispute, to a special chamber of the International Tribunal
for the Law of the Sea to be formed in accordance with Annex VI, articles 15
and 17; or
(b) at the request of
any party to the dispute, to an ad hoc chamber of the Seabed Disputes Chamber
to be formed in accordance with Annex VI, article 36.
2. (a) Disputes
concerning the interpretation or application of a contract referred to in
article 187, subparagraph (c)(i), shall be submitted, at the request of any
party to the dispute, to binding commercial arbitration, unless the parties
otherwise agree.
A commercial arbitral
tribunal to which the dispute is submitted shall have no jurisdiction to decide
any question of interpretation of this
Convention. When the
dispute also involves a question of the interpretation of Part XI and the
Annexes relating thereto, with respect to activities in the Area, that question
shall be referred to the Seabed Disputes Chamber for a ruling.
(b) If, at the
commencement of or in the course of such arbitration, the arbitral tribunal
determines, either at the request of any party to the dispute or proprio motu,
that its decision depends upon a ruling of the Seabed Disputes Chamber, the
arbitral tribunal shall refer such question to the Seabed Disputes Chamber for
such ruling. The arbitral tribunal shall then proceed to render its award in
conformity with the ruling of the Seabed Disputes Chamber.
(c) In the absence of a
provision in the contract on the arbitration procedure to be applied in the
dispute, the arbitration shall be conducted in accordance with the UNCITRAL
Arbitration Rules or such other arbitration rules as may be prescribed in the
rules, regulations and procedures of the Authority, unless the parties to the
dispute otherwise agree.
Article 189: Limitation
on jurisdiction with regard to decisions of the Authority
The Seabed Disputes
Chamber shall have no jurisdiction with regard to the exercise by the Authority
of its discretionary powers in accordance with this Part; in no case shall it
substitute its discretion for that of the Authority. Without prejudice to
article 191, in exercising its jurisdiction pursuant to article 187, the Seabed
Disputes Chamber shall not pronounce itself on the question of whether any
rules, regulations and procedures of the Authority are in conformity with this
Convention, nor declare invalid any such rules, regulations and procedures. Its
jurisdiction in this regard shall be confined to deciding claims that the
application of any rules, regulations and procedures of the Authority in
individual cases would be in conflict with the contractual obligations of the
parties to the dispute or their obligations under this Convention, claims
concerning excess of jurisdiction or misuse of power, and to claims for damages
to be paid or other remedy to be given to the party concerned for the failure
of the other party to comply with its contractual obligations or its
obligations under this Convention.
Article 190:
Participation and appearance of sponsoring States Parties in proceedings
1. If a natural or
juridical person is a party to a dispute referred to in article 187, the
sponsoring State shall be given notice thereof and shall have the right to
participate in the proceedings by submitting written or oral statements.
2. If an action is
brought against a State Party by a natural or juridical person sponsored by
another State Party in a dispute referred to in article 187, subparagraph (c),
the respondent State may request the State sponsoring that person to appear in
the proceedings on behalf of that person. Failing such appearance, the
respondent State may arrange to be represented by a juridical person of its
nationality.
Article 191: Advisory
opinions
The Seabed Disputes
Chamber shall give advisory opinions at the request of the Assembly or the
Council on legal questions arising within the scope of their activities. Such
opinions shall be given as a matter of urgency.
Part XII
PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
SECTION 1. GENERAL
PROVISIONS
Article 192: General
obligation
States have the
obligation to protect and preserve the marine environment.
Article 193: Sovereign
right of States to exploit their natural resources
States have the
sovereign right to exploit their natural resources pursuant to their
environmental policies and in accordance with their duty to protect and
preserve the marine environment.
Article 194: Measures to
prevent, reduce and control pollution of the marine environment
1. States shall take,
individually or jointly as appropriate, all measures consistent with this
Convention that are necessary 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, and they shall
endeavour to harmonize their policies in this connection.
2. States shall take all
measures necessary to ensure that activities under their jurisdiction or
control are so conducted as not to cause damage by pollution to other States
and their environment, and that pollution arising from incidents or activities
under their jurisdiction or control does not spread beyond the areas where they
exercise sovereign rights in accordance with this Convention.
3. The measures taken
pursuant to this Part shall deal with all sources of pollution of the marine
environment. These measures shall include, inter alia, those designed to
minimize to the fullest possible extent:
(a) the release of
toxic, harmful or noxious substances, especially those which are persistent,
from land-based sources, from or through the atmosphere or by dumping;
(b) pollution from
vessels, in particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, preventing intentional
and unintentional discharges, and regulating the design, construction,
equipment, operation and manning of vessels;
(c) pollution from
installations and devices used in exploration or exploitation of the natural
resources of the seabed and subsoil, in particular measures for preventing
accidents and dealing with emergencies, ensuring the safety of operations at
sea, and regulating the design, construction, equipment, operation and manning
of such installations or devices;
(d) pollution from other
installations and devices operating in the marine environment, in particular
measures for preventing accidents and dealing with emergencies, ensuring the
safety of operations at sea, and regulating the design, construction,
equipment, operation and manning of such installations or devices.
4. In taking measures to
prevent, reduce or control pollution of the marine environment, States shall
refrain from unjustifiable interference with activities carried out by other
States in the exercise of their rights and in pursuance of their duties in
conformity with this Convention.
5. The measures taken in
accordance with this Part shall include those necessary to protect and preserve
rare or fragile ecosystems as well as the habitat of depleted, threatened or
endangered species and other forms of marine life.
Article 195: Duty not to
transfer damage or hazards or transform one type of pollution into another
In taking measures to
prevent, reduce and control pollution of the marine environment, States shall
act so as not to transfer, directly or indirectly, damage or hazards from one
area to another or transform one type of pollution into another.
Article 196: Use of
technologies or introduction of alien or new species
1. States shall take all
measures necessary to prevent, reduce and control pollution of the marine
environment resulting from the use of technologies under their jurisdiction or
control, or the intentional or accidental introduction of species, alien or
new, to a particular part of the marine environment, which may cause
significant and harmful changes thereto.
2. This article does not
affect the application of this Convention regarding the prevention, reduction
and control of pollution of the marine environment.
SECTION 2. GLOBAL AND
REGIONAL COOPERATION
Article 197: Cooperation
on a global or regional basis
States shall cooperate
on a global basis and, as appropriate, on a regional basis, directly or through
competent international organizations, in formulating and elaborating
international rules, standards and recommended practices and procedures
consistent with this Convention, for the protection and preservation of the
marine environment, taking into account characteristic regional features.
Article 198:
Notification of imminent or actual damage
When a State becomes
aware of cases in which the marine environment is in imminent danger of being
damaged or has been damaged by pollution, it shall immediately notify other
States it deems likely to be affected by such damage, as well as the competent
international organizations.
Article 199: Contingency
plans against pollution
In the cases referred to
in article 198, States in the area affected, in accordance with their
capabilities, and the competent international organizations shall cooperate, to
the extent possible, in eliminating the effects of pollution and preventing or
minimizing the damage. To this end, States shall jointly develop and promote
contingency plans for responding to pollution incidents in the marine
environment.
Article 200: Studies,
research programmes and exchange of information and data
States shall cooperate,
directly or through competent international organizations, for the purpose of
promoting studies, undertaking programmes 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 global programmes to acquire knowledge for the assessment of the
nature and extent of pollution, exposure to it, and its pathways, risks and
remedies.
Article 201: Scientific
criteria for regulations
In the light of the
information and data acquired pursuant to article 200, States shall cooperate,
directly or through competent international organizations, in establishing
appropriate scientific criteria for the formulation and elaboration of rules,
standards and recommended practices and procedures for the prevention,
reduction and control of pollution of the marine environment.
SECTION 3. TECHNICAL
ASSISTANCE
Article 202: Scientific
and technical assistance to developing States
States shall, directly
or through competent international organizations: (a) promote programmes of
scientific, educational, technical and other assistance to developing States
for the protection and preservation of the marine environment and the
prevention, reduction and control of marine pollution. Such assistance shall
include, inter alia:
(i) training of their
scientific and technical personnel;
(ii) facilitating their
participation in relevant international programmes;
(iii) supplying them
with necessary equipment and facilities;
(iv) enhancing their
capacity to manufacture such equipment;
(v) advice on and
developing facilities for research, monitoring, educational and other
programmes;
(b) provide appropriate
assistance, especially to developing States, for the minimization of the
effects of major incidents which may cause serious pollution of the marine
environment;
(c) provide appropriate
assistance, especially to developing States, concerning the preparation of
environmental assessments.
Article 203:
Preferential treatment for developing States
Developing States shall,
for the purposes of prevention, reduction and control of pollution of the
marine environment or minimization of its effects, be granted preference by
international organizations in:
(a) the allocation of
appropriate funds and technical assistance; and
(b) the utilization of
their specialized services.
SECTION 4. MONITORING
AND ENVIRONMENTAL ASSESSMENT
Article 204: Monitoring
of the risks or effects of pollution
1. States shall, consistent with the rights of
other States, endeavour, as far as practicable, directly or through the
competent international organizations, to observe, measure, evaluate and
analyse, by recognized scientific methods, the risks or effects of pollution of
the marine environment.
2. In particular, States
shall keep under surveillance the effects of any activities which they permit
or in which they engage in order to determine whether these activities are
likely to pollute the marine environment.
Article 205: Publication
of reports
States shall publish
reports of the results obtained pursuant to article 204 or provide such reports
at appropriate intervals to the competent international organizations, which
should make them available to all States.
Article 206: Assessment
of potential effects of activities
When States have
reasonable grounds for believing that planned activities under their
jurisdiction or control may cause substantial pollution of or significant and
harmful changes to the marine environment, they shall, as 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 article 205.
SECTION 5. INTERNATIONAL
RULES AND NATIONAL LEGISLATION TO PREVENT, REDUCE AND CONTROL POLLUTION OF THE
MARINE ENVIRONMENT
Article 207: Pollution
from land-based sources
1. States shall adopt
laws and regulations to prevent, reduce and 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.
2. States shall take
other measures as may be necessary to prevent, reduce and control such
pollution.
3. States shall
endeavour to harmonize their policies in this connection at the appropriate
regional level.
4. States, acting
especially through competent international organizations or 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
States and their need for economic development. Such rules, standards and
recommended practices and procedures shall be re-examined from time to time as
necessary.
5. Laws, regulations,
measures, rules, standards and recommended practices and procedures referred to
in paragraphs 1, 2 and 4 shall include those designed to minimize, to the
fullest extent possible, the release of toxic, harmful or noxious substances,
especially those which are persistent, into the marine environment.
Article 208: Pollution
from seabed activities subject to national jurisdiction
1 Coastal States shall
adopt laws and regulations to prevent, reduce and control pollution of the
marine environment arising from or in connection with seabed activities subject
to their jurisdiction and from artificial islands, installations and structures
under their jurisdiction, pursuant to articles 60 and 80.
2. States shall take
other measures as may be necessary to prevent, reduce and control such
pollution.
3. Such laws,
regulations and measures shall be no less effective than international rules,
standards and recommended practices and procedures.
4. States shall
endeavour to harmonize their policies in this connection at the appropriate
regional level.
5. States, acting
especially through competent international organizations or diplomatic
conference, shall establish global and regional rules, standards and
recommended practices and procedures to prevent, reduce and control pollution
of the marine environment referred to in paragraph l. Such rules, standards and
recommended practices and procedures shall be re-examined from time to time as
necessary.
Article 209: Pollution
from activities in the Area
1. International rules,
regulations and procedures shall be established in accordance with Part XI to
prevent, reduce and control pollution of the marine environment from activities
in the Area. Such rules, regulations and procedures shall be re-examined from
time to time as necessary.
2. Subject to the
relevant provisions of this section, States shall adopt laws and regulations to
prevent, reduce and control pollution of the marine environment from activities
in the Area undertaken by vessels, installations, structures and other devices
flying their flag or of their registry or operating under their authority, as
the case may be. The requirements of such laws and regulations shall be no less
effective than the international rules, regulations and procedures referred to
in paragraph 1.
Article 210: Pollution
by dumping
1. States shall adopt
laws and regulations to prevent, reduce and control pollution of the marine
environment by dumping.
2. States shall take
other measures as may be necessary to prevent, reduce and control such
pollution.
3. Such laws,
regulations and measures shall ensure that dumping is not carried out without
the permission of the competent authorities of States.
4. States,
acting
especially through competent international organizations or diplomatic
conference, shall endeavour to establish global and regional rules, standards
and recommended practices and procedures to prevent, reduce and control such
pollution. Such rules, standards and recommended practices and procedures shall
be re-examined from time to time as necessary.
5. Dumping within the
territorial sea and the exclusive economic zone
or onto the continental
shelf shall not be carried out without the express prior approval of the
coastal State, which has the right to permit, regulate and control such dumping
after due consideration of the matter with other States which by reason of
their geographical situation may be adversely affected thereby.
6. National laws,
regulations and measures shall be no less effective in preventing, reducing and
controlling such pollution than the global rules and standards.
Article 211: Pollution
from vessels
1. States, acting
through the competent international organization or general diplomatic
conference, shall establish international rules and standards to prevent,
reduce and control pollution of the marine environment from vessels and promote
the adoption, in the same manner, wherever appropriate, of routeing systems
designed to minimize the threat of accidents which might cause pollution of the
marine environment, including the coastline, and pollution damage to the
related interests of coastal States. Such rules and standards shall, in the
same manner, be re-examined from time to time as necessary.
2. States shall adopt
laws and regulations for the prevention, reduction and control of pollution of
the marine environment from vessels flying their flag or of their registry.
Such laws and regulations shall at least have the same effect as that of
generally accepted international rules and standards established through the
competent international organization or general diplomatic conference.
3. States which
establish particular requirements for the prevention, reduction and control of
pollution of the marine environment as a condition for the entry of foreign
vessels into their ports or internal waters or for a call at their off-shore
terminals shall give due publicity to such requirements and shall communicate
them to the competent international organization.
Whenever such
requirements are established in identical form by two or more coastal States in
an endeavour to harmonize policy, the communication shall indicate which States
are participating in such cooperative arrangements.
Every State shall
require the master of a vessel flying its flag or of its registry, when
navigating within the territorial sea of a State participating in such
cooperative arrangements, to furnish, upon the request of that State,
information as to whether it is proceeding to a State of the same region
participating in such cooperative arrangements and, if so, to indicate whether
it complies with the port entry requirements of that State. This article is
without prejudice to the continued exercise by a vessel of its right of
innocent passage or to the application of article 25, paragraph 2.
4. Coastal States may,
in the exercise of their sovereignty within their territorial sea, adopt laws
and regulations for the prevention, reduction and control of marine pollution
from foreign vessels, including vessels exercising the right of innocent
passage. Such laws and regulations shall, in accordance with Part II, section
3, not hamper innocent passage of foreign vessels.
5. Coastal States, for
the purpose of enforcement as provided for in section 6, may in respect of
their exclusive economic zones adopt laws and regulations for the prevention,
reduction and control of pollution from vessels conforming to and giving effect
to generally accepted international rules and standards established through the
competent international organization or general diplomatic conference.
6. (a) Where the
international rules and standards referred to in paragraph 1 are inadequate to
meet special circumstances and coastal States have reasonable grounds for
believing that a particular, clearly defined area of their respective exclusive
economic zones is an area where the adoption of special mandatory measures for
the prevention of pollution from vessels is required for recognized technical
reasons in relation to its oceanographical and ecological conditions, as well
as its utilization or the protection of its resources and the particular character
of its traffic, the coastal States, after appropriate consultations through the
competent international organization with any other States concerned, may, for
that area, direct a communication to that organization, submitting scientific
and technical evidence in support and information on necessary reception
facilities. Within 12 months after receiving such a communication, the
organization shall determine whether the conditions in that area correspond to
the requirements set out above. If the organization so determines, the coastal
States may, for that area, adopt laws and regulations for the prevention,
reduction and control of pollution from vessels implementing such international
rules and standards or navigational practices as are made applicable, through
the organization, for special areas. These laws and regulations shall not
become applicable to foreign vessels until 15 months after the submission of
the communication to the organization. (b) The coastal States shall publish the
limits of any such particular, clearly defined area.
(c) If the coastal
States intend to adopt additional laws and regulations for the same area for
the prevention, reduction and control of pollution from vessels, they shall,
when submitting the aforesaid communication, at the same time notify the
organization thereof. Such additional laws and regulations may relate to
discharges or navigational practices but shall not require foreign vessels to
observe design, construction, manning or equipment standards other than generally
accepted international rules and standards; they shall become applicable to
foreign vessels 15 months after the submission of the communication to the
organization, provided that the organization agrees within 12 months after the
submission of the communication.
7. The international
rules and standards referred to in this article should include inter alia those
relating to prompt notification to coastal States, whose coastline or related
interests may be affected by incidents, including maritime casualties, which
involve discharges or probability of discharges.
Article 212: Pollution
from or through the atmosphere
1. States shall adopt
laws and regulations to prevent, reduce and control pollution of the marine
environment from or through the atmosphere, applicable to the air space under
their sovereignty and to vessels flying their flag or vessels or aircraft of
their registry, taking into account internationally agreed rules, standards and
recommended practices and procedures and the safety of air navigation.
2. States shall take
other measures as may be necessary to prevent, reduce and control such
pollution.
3. States, acting
especially through competent international organizations or diplomatic
conference, shall endeavour to establish global and regional rules, standards
and recommended practices and procedures to prevent, reduce and control such
pollution.
SECTION 6. ENFORCEMENT
Article 213: Enforcement
with respect to pollution from land-based sources
States shall enforce
their laws and regulations adopted in accordance with article 207 and shall
adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent
international organizations or diplomatic conference to prevent, reduce and
control pollution of the marine environment from land-based sources.
Article 214: Enforcement
with respect to pollution from seabed activities
States shall enforce
their laws and regulations adopted in accordance with article 208 and shall
adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent
international organizations or diplomatic conference to prevent, reduce and
control pollution of the marine environment arising from or in connection with
seabed activities subject to their jurisdiction and from artificial islands,
installations and structures under their jurisdiction, pursuant to articles 60
and 80.
Article 215: Enforcement
with respect to pollution from activities in the Area
Enforcement of
international rules, regulations and procedures established in accordance with
Part XI to prevent, reduce and control pollution of the marine environment from
activities in the Area shall be governed by that Part.
Article 216: Enforcement
with respect to pollution by dumping
1. Laws and regulations
adopted in accordance with this Convention and applicable international rules
and standards established through competent international organizations or
diplomatic conference for the prevention, reduction and control of pollution of
the marine environment by dumping shall be enforced:
(a) by the coastal State
with regard to dumping within its territorial sea or its exclusive economic
zone or onto its continental shelf;
(b) by the flag State
with regard to vessels flying its flag or vessels or aircraft of its registry;
(c) by any State with
regard to acts of loading of wastes or other matter occurring within its
territory or at its off-shore terminals.
2. No State shall be
obliged by virtue of this article to institute proceedings when another State
has already instituted proceedings in accordance with this article.
Article 217: Enforcement
by flag States
1. States shall ensure
compliance by vessels flying their flag or of their registry with applicable
international rules and standards, established through the competent
international organization or general diplomatic conference, and with their
laws and regulations adopted in accordance with this Convention for the prevention,
reduction and control of pollution of the marine environment from vessels and
shall accordingly adopt laws and regulations and take other measures necessary
for their implementation. Flag States shall provide for the effective
enforcement of such rules, standards, laws and regulations, irrespective of
where a violation occurs.
2. States shall, in
particular, take appropriate measures in order to ensure that vessels flying
their flag or of their registry are prohibited from sailing, until they can
proceed to sea in compliance with the requirements of the international rules
and standards referred to in paragraph 1, including requirements in respect of
design, construction, equipment and manning of vessels.
3. States shall ensure
that vessels flying their flag or of their registry carry on board certificates
required by and issued pursuant to international rules and standards referred
to in paragraph 1. States shall ensure that vessels flying their flag are
periodically inspected in order to verify that such certificates are in
conformity with the actual condition of the vessels. These certificates shall
be accepted by other States as evidence of the condition of the vessels and
shall be regarded as having the same force as certificates issued by them,
unless there are clear grounds for believing that the condition of the vessel
does not correspond substantially with the particulars of the certificates.
4. If a vessel commits a
violation of rules and standards established through the competent international
organization or general diplomatic conference, the flag State, without
prejudice to articles 218, 220 and 228, shall provide for immediate
investigation and where appropriate institute proceedings in respect of the
alleged violation irrespective of where the violation occurred or where the
pollution caused by such violation has occurred or has been spotted.
5. Flag States
conducting an investigation of the violation may request the assistance of any
other State whose cooperation could be useful in clarifying the circumstances
of the case. States shall endeavour to meet appropriate requests of flag
States.
6. States shall, at the
written request of any State, investigate any violation alleged to have been
committed by vessels flying their flag. If satisfied that sufficient evidence
is available to enable proceedings to be brought in respect of the alleged
violation, flag States shall without delay institute such proceedings in
accordance with their laws.
7. Flag States shall
promptly inform the requesting State and the competent international
organization of the action taken and its outcome.
Such information shall
be available to all States.
8. Penalties provided
for by the laws and regulations of States for vessels flying their flag shall
be adequate in severity to discourage violations wherever they occur.
Article 218: Enforcement
by port States
1. When a vessel is
voluntarily within a port or at an off-shore terminal of a State, that State
may undertake investigations and, where the evidence so warrants, institute
proceedings in respect of any discharge from that vessel outside the internal
waters, territorial sea or exclusive economic zone of that State in violation
of applicable international rules and standards established through the
competent international organization or general diplomatic conference.
2. No proceedings
pursuant to paragraph 1 shall be instituted in respect of a discharge violation
in the internal waters, territorial sea or exclusive economic zone of another
State unless requested by that State, the flag State, or a State damaged or
threatened by the discharge violation, or unless the violation has caused or is
likely to cause pollution in the internal waters, territorial sea or exclusive
economic zone of the State instituting the proceedings.
3. When a vessel is
voluntarily within a port or at an off-shore terminal of a State, that State
shall, as far as practicable, comply with requests from any State for
investigation of a discharge violation referred to in paragraph 1, believed to
have occurred in, caused, or threatened damage to the internal waters,
territorial sea or exclusive economic zone of the requesting State. It shall
likewise, as far as practicable, comply with requests from the flag State for
investigation of such a violation, irrespective of where the violation
occurred.
4. The records of the
investigation carried out by a port State pursuant to this article shall be
transmitted upon request to the flag State or to the coastal State. Any
proceedings instituted by the port State on the basis of such an investigation
may, subject to section 7, be suspended at the request of the coastal State
when the violation has occurred within its internal waters, territorial sea or
exclusive economic zone. The evidence and records of the case, together with
any bond or other financial security posted with the authorities of the port
State, shall in that event be transmitted to the coastal State. Such
transmittal shall preclude the continuation of proceedings in the port State.
Article 219: Measures
relating to seaworthiness of vessels to avoid pollution
Subject to section 7,
States which, upon request or on their own initiative, have ascertained that a
vessel within one of their ports or at one of their off-shore terminals is in
violation of applicable international rules and standards relating to
seaworthiness of vessels and thereby threatens damage to the marine environment
shall, as far as practicable, take administrative measures to prevent the
vessel from sailing. Such States may permit the vessel to proceed only to the
nearest appropriate repair yard and, upon removal of the causes of the
violation, shall permit the vessel to continue immediately.
Article 220: Enforcement
by coastal States
1. When a vessel is
voluntarily within a port or at an off-shore terminal of a State, that State
may, subject to section 7, institute proceedings in respect of any violation of
its laws and regulations adopted in accordance with this Convention or
applicable international rules and standards for the prevention, reduction and
control of pollution from vessels when the violation has occurred within the
territorial sea or the exclusive economic zone of that State.
2. Where there are clear
grounds for believing that a vessel navigating in the territorial sea of a
State has, during its passage therein, violated laws and regulations of that
State adopted in accordance with this Convention or applicable international
rules and standards for the prevention, reduction and control of pollution from
vessels, that State, without prejudice to the application of the relevant
provisions of Part II, section 3, may undertake physical inspection of the
vessel relating to the violation and may, where the evidence so warrants,
institute proceedings, including detention of the vessel, in accordance with
its laws, subject to the provisions of section 7.
3. Where there are clear
grounds for believing that a vessel navigating in the exclusive economic zone
or the territorial sea of a State has, in the exclusive economic zone, committed
a violation of applicable international rules and standards for the prevention,
reduction and control of pollution from vessels or laws and regulations of that
State conforming and giving effect to such rules and standards, that State may
require the vessel to give information regarding its identity and port of
registry, its last and its next port of call and other relevant information
required to establish whether a violation has occurred.
4. States shall adopt
laws and regulations and take other measures so that vessels flying their flag
comply with requests for information pursuant to paragraph 3.
5. Where there are clear
grounds for believing that a vessel navigating in the exclusive economic zone
or the territorial sea of a State has, in the exclusive economic zone,
committed a violation referred to in paragraph 3 resulting in a substantial
discharge causing or threatening significant pollution of the marine
environment, that State may undertake physical inspection of the vessel for
matters relating to the violation if the vessel has refused to give information
or if the information supplied by the vessel is manifestly at variance with the
evident factual situation and if the circumstances of the case justify such
inspection.
6. Where there is clear
objective evidence that a vessel navigating in the exclusive economic zone or
the territorial sea of a State has, in the exclusive economic zone, committed a
violation referred to in paragraph 3 resulting in a discharge causing major
damage or threat of major damage to the coastline or related interests of the
coastal State, or to any resources of its territorial sea or exclusive economic
zone, that State may, subject to section 7, provided that the evidence so
warrants, institute proceedings, including detention of the vessel, in
accordance with its laws.
7. Notwithstanding the
provisions of paragraph 6, whenever appropriate procedures have been
established, either through the competent international organization or as
otherwise agreed, whereby compliance with requirements for bonding or other
appropriate financial security has been assured, the coastal State if bound by
such procedures shall allow the vessel to proceed.
8. The provisions of
paragraphs 3, 4, 5, 6and 7 also apply in respect of national laws and
regulations adopted pursuant to article 211, paragraph 6.
Article 221: Measures to
avoid pollution arising from maritime casualties
1. Nothing in this Part
shall prejudice the right of States, pursuant to international law, both
customary and conventional, to take and enforce measures beyond the territorial
sea proportionate to the actual or threatened damage to protect their coastline
or related interests, including fishing, from pollution or threat of pollution
following upon a maritime casualty or acts relating to such a casualty, which
may reasonably be expected to result in major harmful consequences.
2. For the purposes of
this article, "maritime casualty" means a collision of vessels,
stranding or other incident of navigation, or other occurrence on board a
vessel or external to it resulting in material damage or imminent threat of
material damage to a vessel or cargo.
Article 222: Enforcement
with respect to pollution from or through the atmosphere
States shall enforce,
within the air space under their sovereignty or with regard to vessels flying
their flag or vessels or aircraft of their registry, their laws and regulations
adopted in accordance with article 212, paragraph 1, and with other provisions
of this Convention and shall adopt laws and regulations and take other measures
necessary to implement applicable international rules and standards established
through competent international organizations or diplomatic conference to
prevent, reduce and control pollution of the marine environment from or through
the atmosphere, in conformity with all relevant international rules and
standards concerning the safety of air navigation.
SECTION 7. SAFEGUARDS
Article 223: Measures to
facilitate proceedings
In proceedings
instituted pursuant to this Part, States shall take measures to facilitate the
hearing of witnesses and the admission of evidence submitted by authorities of
another State, or by the competent international organization, and shall
facilitate the attendance at such proceedings of official representatives of
the competent international organization, the flag State and any State affected
by pollution arising out of any violation. The official representatives
attending such proceedings shall have such rights and duties as may be provided
under national laws and regulations or international law.
Article 224: Exercise of
powers of enforcement
The powers of
enforcement against foreign vessels under this Part may only be exercised by
officials or by warships, military aircraft, or other ships or aircraft clearly
marked and identifiable as being on government service and authorized to that
effect.
Article 225: Duty to
avoid adverse consequences in the exercise of the powers of enforcement
In the exercise under
this Convention of their powers of enforcement against foreign vessels, States
shall not endanger the safety of navigation or otherwise create any hazard to a
vessel, or bring it to an unsafe port or anchorage, or expose the marine
environment to an unreasonable risk.
Article 226:
Investigation of foreign vessels
1. (a) States shall not
delay a foreign vessel longer than is essential for purposes of the
investigations provided for in articles 216, 218 and 220. Any physical
inspection of a foreign vessel shall be limited to an examination of such certificates,
records or other documents as the vessel is required to carry by generally
accepted international rules and standards or of any similar documents which it
is carrying; further physical inspection of the vessel may be undertaken only
after such an examination and only when:
(i) there are clear
grounds for believing that the condition of the vessel or its equipment does
not correspond substantially with the particulars of those documents;
(ii) the contents of
such documents are not sufficient to confirm or verify a suspected violation;
or
(iii) the vessel is not
carrying valid certificates and records. (b) If the investigation indicates a
violation of applicable laws and regulations or international rules and
standards for the protection and preservation of the marine environment,
release shall be made promptly subject to reasonable procedures such as bonding
or other appropriate financial security.
(c) Without prejudice to
applicable international rules and standards relating to the seaworthiness of
vessels, the release of a vessel may, whenever it would present an unreasonable
threat of damage to the marine environment, be refused or made conditional upon
proceeding to the nearest appropriate repair yard. Where release has been
refused or made conditional, the flag State of the vessel must be promptly
notified, and may seek release of the vessel in accordance with Part XV.
2. States shall
cooperate to develop procedures for the avoidance of unnecessary physical
inspection of vessels at sea.
Article 227:
Non-discrimination with respect to foreign vessels
In exercising their
rights and performing their duties under this Part, States shall not
discriminate in form or in fact against vessels of any other State.
Article 228: Suspension
and restrictions on institution of proceedings
1. Proceedings to impose
penalties in respect of any violation of applicable laws and regulations or
international rules and standards relating to the prevention, reduction and
control of pollution from vessels committed by a foreign vessel beyond the
territorial sea of the State instituting proceedings shall be suspended upon
the taking of proceedings to impose penalties in respect of corresponding
charges by the flag State within six months of the date on which proceedings were
first instituted, unless those proceedings relate to a case of major damage to
the coastal State or the flag State in question has repeatedly disregarded its
obligation to enforce effectively the applicable international rules and
standards in respect of violations committed by its vessels. The flag State
shall in due course make available to the State previously instituting
proceedings a full dossier of the case and the records of the proceedings,
whenever the flag State has requested the suspension of proceedings in
accordance with this article.
When proceedings
instituted by the flag State have been brought to a conclusion, the suspended
proceedings shall be terminated. Upon payment of costs incurred in respect of
such proceedings, any bond posted or other financial security provided in
connection with the suspended proceedings shall be released by the coastal
State.
2. Proceedings to impose
penalties on foreign vessels shall not be instituted after the expiry of three
years from the date on which the violation was committed, and shall not be
taken by any State in the event of proceedings having been instituted by
another State subject to the provisions set out in paragraph 1.
3. The provisions of
this article are without prejudice to the right of the flag State to take any
measures, including proceedings to impose penalties, according to its laws
irrespective of prior proceedings by another State.
Article 229: Institution
of civil proceedings
Nothing in this
Convention affects the institution of civil proceedings in respect of any claim
for loss or damage resulting from pollution of the marine environment.
Article 230: Monetary
penalties and the observance of recognized rights of the accused
1. Monetary penalties
only may be imposed with respect to violations of national laws and regulations
or applicable international rules and standards for the prevention, reduction
and control of pollution of the marine environment, committed by foreign
vessels beyond the territorial sea.
2. Monetary penalties
only may be imposed with respect to violations of national laws and regulations
or applicable international rules and standards for the prevention, reduction
and control of pollution of the marine environment, committed by foreign
vessels in the territorial sea, except in the case of a wilful and serious act
of pollution in the territorial sea.
3. In the conduct of
proceedings in respect of such violations committed by a foreign vessel which
may result in the imposition of penalties, recognized rights of the accused shall
be observed.
Article 231:
Notification to the flag State and other States concerned
States shall promptly
notify the flag State and any other State concerned of any measures taken
pursuant to section 6 against foreign vessels, and shall submit to the flag
State all official reports concerning such measures. However, with respect to
violations committed in the territorial sea, the foregoing obligations of the
coastal State apply only to such measures as are taken in proceedings. The
diplomatic agents or consular officers and where possible the maritime
authority of the flag State, shall be immediately informed of any such measures
taken pursuant to section 6 against foreign vessels.
Article 232: Liability
of States arising from enforcement measures
States shall be liable
for damage or loss attributable to them arising from measures taken pursuant to
section 6 when such measures are unlawful or exceed those reasonably required
in the light of available information. States shall provide for recourse in their
courts for actions in respect of such damage or loss.
Article 233: Safeguards
with respect to straits used for international navigation
Nothing in sections 5, 6
and 7 affects the legal regime of straits used for international navigation.
However, if a foreign ship other than those referred to in section 10 has
committed a violation of the laws and regulations referred to in article 42,
paragraph 1(a) and (b), causing or threatening major damage to the marine
environment of the straits, the States bordering the straits may take
appropriate enforcement measures and if so shall respect mutatis mutandis the
provisions of this section.
SECTION 8. ICE-COVERED
AREAS
Article 234: Ice-covered
areas
Coastal States have the
right to adopt and enforce non-discriminatory laws and regulations for the
prevention, reduction and control of marine pollution from vessels in
ice-covered areas within the limits of the exclusive economic zone, where
particularly severe climatic conditions and the presence of ice covering such areas
for most of the year create obstructions or exceptional hazards to navigation,
and pollution of the marine environment could cause major harm to or
irreversible disturbance of the ecological balance. Such laws and regulations
shall have due regard to navigation and the protection and preservation of the
marine environment based on the best available scientific evidence.
SECTION 9.
RESPONSIBILITY AND LIABILITY
Article 235:
Responsibility and liability
1. States are
responsible for the fulfilment of their international obligations concerning
the protection and preservation of the marine environment. They shall be liable
in accordance with international law.
2. States shall ensure
that recourse is available in accordance with their legal systems for prompt
and adequate compensation or other relief in respect of damage caused by
pollution of the marine environment by natural or juridical persons under their
jurisdiction.
3. With the objective of
assuring prompt and adequate compensation in respect of all damage caused by
pollution of the marine environment, States shall cooperate in the
implementation of existing international law and the further development of
international law relating to responsibility and liability for the assessment
of and compensation for damage and the settlement of related disputes, as well
as, where appropriate, development of criteria and procedures for payment of
adequate compensation, such as compulsory insurance or compensation funds.
SECTION 10. SOVEREIGN
IMMUNITY
Article 236: Sovereign
immunity
The provisions of this
Convention regarding the protection and preservation of the marine environment
do not apply to any warship, naval auxiliary, other vessels or aircraft owned
or operated by a State and used, for the time being, only on government
non-commercial service. However, each State shall ensure, by the adoption of
appropriate measures not impairing operations or operational capabilities of
such vessels or aircraft owned or operated by it, that such vessels or aircraft
act in a manner consistent, so far as is reasonable and practicable, with this
Convention.
SECTION 11. OBLIGATIONS
UNDER OTHER CONVENTIONS ON THE PROTECTION AND PRESERVATION OF THE MARINE
ENVIRONMENT
Article 237: Obligations
under other conventions on the protection and preservation of the marine
environment
1. The provisions of
this Part are without prejudice to the specific obligations assumed by States
under special conventions and agreements concluded previously which relate to
the protection and preservation of the marine environment and to agreements
which may be concluded in furtherance of the general principles set forth in
this Convention.
2. Specific obligations
assumed by States under special conventions, with respect to the protection and
preservation of the marine environment, should be carried out in a manner
consistent with the general principles and objectives of this Convention.
Part XIII
MARINE SCIENTIFIC RESEARCH SECTION 1. GENERAL PROVISIONS
Article 238: Right to
conduct marine scientific research
All States, irrespective
of their geographical location, and competent international organizations have
the right to conduct marine scientific research subject to the rights and
duties of other States as provided for in this Convention.
Article 239: Promotion
of marine scientific research
States and competent
international organizations shall promote and facilitate the development and
conduct of marine scientific research in accordance with this Convention.
Article 240: General
principles for the conduct of marine scientific research
In the conduct of marine
scientific research the following principles shall apply:
(a) marine scientific
research shall be conducted exclusively for peaceful purposes;
(b) marine scientific
research shall be conducted with appropriate scientific methods and means
compatible with this Convention;
(c) marine scientific
research shall not unjustifiably interfere with other legitimate uses of the
sea compatible with this Convention and shall be duly respected in the course
of such uses;
(d) marine scientific
research shall be conducted in compliance with all relevant regulations adopted
in conformity with this Convention including those for the protection and
preservation of the marine environment.
Article 241:
Non-recognition of marine scientific research activities as the legal basis for
claims
Marine scientific
research activities shall not constitute the legal basis for any claim to any
part of the marine environment or its resources.
SECTION 2. INTERNATIONAL
COOPERATION
Article 242: Promotion
of international cooperation
1. States and competent
international organizations shall, in accordance with the principle of respect
for sovereignty and jurisdiction and on the basis of mutual benefit, promote
international cooperation in marine scientific research for peaceful purposes.
2. In this context,
without prejudice to the rights and duties of States under this Convention, a
State, in the application of this Part, shall provide, as appropriate, other
States with a reasonable opportunity to obtain from it, or with its
cooperation, information necessary to prevent and control damage to the health
and safety of persons and to the marine environment.
Article 243: Creation of
favourable conditions
States and competent
international organizations shall cooperate, through the conclusion of
bilateral and multilateral agreements, to create favourable conditions for the
conduct of marine scientific research in the marine environment and to
integrate the efforts of scientists in studying the essence of phenomena and
processes occurring in the marine environment and the interrelations between
them.
Article 244: Publication
and dissemination of information and knowledge
1. States and competent
international organizations shall, in accordance with this Convention, make
available by publication and dissemination through appropriate channels
information on proposed major programmes and their objectives as well as
knowledge resulting from marine scientific research.
2. For this purpose,
States, both individually and in cooperation with other States and with
competent international organizations, shall actively promote the flow of
scientific data and information and the transfer of knowledge resulting from
marine scientific research, especially to developing States, as well as the
strengthening of the autonomous marine scientific research capabilities of
developing States through, inter alia, programmes to provide adequate education
and training of their technical and scientific personnel.
SECTION 3. CONDUCT AND
PROMOTION OF MARINE SCIENTIFIC RESEARCH
Article 245: Marine
scientific research in the territorial sea
Coastal States, in the
exercise of their sovereignty, have the exclusive right to regulate, authorize
and conduct marine scientific research in their territorial sea. Marine
scientific research therein shall be conducted only with the express consent of
and under the conditions set forth by the coastal State.
Article 246: Marine
scientific research in the exclusive economic zone and on the continental shelf
1. Coastal States, in
the exercise of their jurisdiction, have the right to regulate, authorize and
conduct marine scientific research in their exclusive economic zone and on
their continental shelf in accordance with the relevant provisions of this Convention.
2. Marine scientific
research in the exclusive economic zone and on the continental shelf shall be
conducted with the consent of the coastal State.
3. Coastal States shall,
in normal circumstances, grant their consent for marine scientific research
projects by other States or competent international organizations in their
exclusive economic zone or on their continental shelf to be carried out in
accordance with this Convention exclusively for peaceful purposes and in order
to increase scientific knowledge of the marine environment for the benefit of
all mankind. To this end, coastal States shall establish rules and procedures
ensuring that such consent will not be delayed or denied unreasonably.
4. For the purposes of
applying paragraph 3, normal circumstances may exist in spite of the absence of
diplomatic relations between the coastal State and the researching State.
5. Coastal States may
however in their discretion withhold theirconsent to the conduct of a marine
scientific research project of another State or competent international
organization in the exclusive economic zone or on the continental shelf of the
coastal State if that project:
(a) is of direct
significance for the exploration and exploitation of natural resources, whether
living or non-living;
(b) involves drilling
into the continental shelf, the use of explosives or the introduction of
harmful substances into the marine environment;
(c) involves the
construction, operation or use of artificial islands, installations and
structures referred to in articles 60 and 80;
(d) contains information
communicated pursuant to article 248 regarding the nature and objectives of the
project which is inaccurate or if the researching State or competent
international organization has outstanding obligations to the coastal State
from a prior research project.
6. Notwithstanding the
provisions of paragraph 5, coastal States may not exercise their discretion to
withhold consent under subparagraph (a) of that paragraph in respect of marine
scientific research projects to be undertaken in accordance with the provisions
of this Part on the continental shelf, beyond 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured, outside
those specific areas which coastal States may at any time publicly designate as
areas in which exploitation or detailed exploratory operations focused on those
areas are occurring or will occur within a reasonable period of time. Coastal
States shall give reasonable notice of the designation of such areas, as well
as any modifications thereto, but shall not be obliged to give details of the
operations therein.
7. The provisions of
paragraph 6 are without prejudice to the rights of coastal States over the
continental shelf as established in article 77.
8. Marine scientific
research activities referred to in this article shall not unjustifiably
interfere with activities undertaken by coastal States in the exercise of their
sovereign rights and jurisdiction provided for in this Convention.
Article 247: Marine
scientific research projects undertaken by or under the auspices of
international organizations
A coastal State which is
a member of or has a bilateral agreement with an international organization,
and in whose exclusive economic zone or on whose continental shelf that
organization wants to carry out a marine scientific research project, directly
or under its auspices, shall be deemed to have authorized the project to be
carried out in conformity with the agreed specifications if that State approved
the detailed project when the decision was made by the organization for the
undertaking of the project, or is willing to participate in it, and has not
expressed any objection within four months of notification of the project by
the organization to the coastal State.
Article 248: Duty to
provide information to the coastal State
States and competent
international organizations which intend to undertake marine scientific
research in the exclusive economic zone or on the continental shelf of a
coastal State shall, not less than six months in advance of the expected
starting date of the marine scientific research project, provide that State
with a full description of:
(a) the nature and
objectives of the project;
(b) the method and means
to be used, including name, tonnage, type and class of vessels and a
description of scientific equipment;
(c) the precise
geographical areas in which the project is to be conducted;
(d) the expected date of
first appearance and final departure of the research vessels, or deployment of
the equipment and its removal, as appropriate;
(e) the name of the
sponsoring institution, its director, and the person in charge of the project;
and
(f) the extent to which
it is considered that the coastal State should be able to participate or to be
represented in the project.
Article 249: Duty to
comply with certain conditions
1. States and competent
international organizations when undertaking marine scientific research in the
exclusive economic zone or on the continental shelf of a coastal State shall
comply with the following conditions:
(a) ensure the right of
the coastal State, if it so desires, to participate or be represented in the
marine scientific research project, especially on board research vessels and
other craft or scientific research installations, when practicable, without
payment of any remuneration to the scientists of the coastal State and without
obligation to contribute towards the costs of the project;
(b) provide the coastal
State, at its request, with preliminary reports, as soon as practicable, and
with the final results and conclusions after the completion of the research;
(c) undertake to provide
access for the coastal State, at its request, to all data and samples derived
from the marine scientific research project and likewise to furnish it with
data which may be copied and samples which may be divided without detriment to
their scientific value;
(d) if requested,
provide the coastal State with an assessment of such data, samples and research
results or provide assistance in their assessment or interpretation;
(e) ensure, subject to
paragraph 2, that the research results are made internationally available
through appropriate national or international channels, as soon as practicable;
(f) inform the coastal
State immediately of any major change in the research programme;
(g) unless otherwise
agreed, remove the scientific research installations or equipment once the
research is completed.
2. This article is
without prejudice to the conditions established by the laws and regulations of
the coastal State for the exercise of its discretion to grant or withhold
consent pursuant to article 246, paragraph 5, including requiring prior
agreement for making internationally available the research results of a
project of direct significance for the exploration and exploitation of natural
resources.
Article 250:
Communications concerning marine scientific research projects
Communications
concerning the marine scientific research projects shall be made through
appropriate official channels, unless otherwise agreed.
Article 251: General
criteria and guidelines
States shall seek to
promote through competent international organizations the establishment of
general criteria and guidelines to assist States in ascertaining the nature and
implications of marine scientific research.
Article 252: Implied
consent
States or competent
international organizations may proceed with a marine scientific research
project six months after the date upon which the information required pursuant
to article 248 was provided to the coastal State unless within four months of
the receipt of the communication containing such information the coastal State
has informed the State or organization conducting the research that:
(a) it has withheld its
consent under the provisions of article 246; or
(b) the information
given by that State or competent international organization regarding the
nature or objectives of the project does not conform to the manifestly evident
facts; or
(c) it requires
supplementary information relevant to conditions and the information provided
for under articles 248 and 249; or
(d) outstanding
obligations exist with respect to a previous marine scientific research project
carried out by that State or organization, with regard to conditions established
in article 249.
Article 253: Suspension
or cessation of marine scientific research activities
1. A coastal State shall
have the right to require the suspension of any marine scientific research
activities in progress within its exclusive economic zone or on its continental
shelf if:
(a) the research
activities are not being conducted in accordance with the information
communicated as provided under article 248 upon which the consent of the
coastal State was based; or
(b) the State or
competent international organization conducting the research activities fails
to comply with the provisions of article 249 concerning the rights of the
coastal State with respect to the marine scientific research project.
2. A coastal State shall
have the right to require the cessation of any marine scientific research
activities in case of any non-compliance with the provisions of article 248
which amounts to a major change in the research project or the research
activities.
3. A coastal State may
also require cessation of marine scientific research activities if any of the
situations contemplated in paragraph 1 are not rectified within a reasonable
period of time.
4. Following
notification by the coastal State of its decision to order suspension or
cessation, States or competent international organizations authorized to
conduct marine scientific research activities shall terminate the research
activities that are the subject of such a notification.
5. An order of
suspension under paragraph 1 shall be lifted by the coastal State and the
marine scientific research activities allowed to continue once the researching
State or competent international organization has complied with the conditions
required under articles 248 and 249.
Article 254: Rights of
neighbouring land-locked and geographically disadvantaged States
1. States and competent
international organizations which have submitted to a coastal State a project
to undertake marine scientific research referred to in article 246, paragraph
3, shall give notice to the neighbouring land-locked and geographically
disadvantaged States of the proposed research project, and shall notify the
coastal State thereof.
2. After the consent has
been given for the proposed marine scientific research project by the coastal
State concerned, in accordance with article 246 and other relevant provisions
of this Convention, States and competent international organizations
undertaking such a project shall provide to the neighbouring land-locked and
geographically disadvantaged States, at their request and when appropriate,
relevant information as specified in article 248 and article 249, paragraph
1(f).
3. The neighbouring
land-locked and geographically disadvantaged States referred to above shall, at
their request, be given the opportunity to participate, whenever feasible, in
the proposed marine scientific research project through qualified experts
appointed by them and not objected to by the coastal State, in accordance with
the conditions agreed for the project, in conformity with the provisions of
this Convention, between the coastal State concerned and the State or competent
international organizations conducting the marine scientific research.
4. States and competent
international organizations referred to in paragraph 1 shall provide to the
above-mentioned land-locked and geographically disadvantaged States, at their
request, the information and assistance specified in article 249, paragraph
1(d), subject to the provisions of article 249, paragraph 2.
Article 255: Measures to
facilitate marine scientific research and assist research vessels
States shall endeavour
to adopt reasonable rules, regulations and procedures to promote and facilitate
marine scientific research conducted in accordance with this Convention beyond
their territorial sea and, as appropriate, to facilitate, subject to the
provisions of their laws and regulations, access to their harbours and promote
assistance for marine scientific research vessels which comply with the
relevant provisions of this Part.
Article 256: Marine
scientific research in the Area
All States, irrespective
of their geographical location, and competent international organizations have
the right, in conformity with the provisions of Part XI, to conduct marine
scientific research in the Area.
Article 257: Marine
scientific research in the water column beyond the exclusive economic zone
All States, irrespective
of their geographical location, and competent international organizations have
the right, in conformity with this Convention, to conduct marine scientific
research in the water column beyond the limits of the exclusive economic zone.
SECTION 4. SCIENTIFIC
RESEARCH INSTALLATIONS OR EQUIPMENT IN THE MARINE ENVIRONMENT
Article 258: Deployment
and use
The deployment and use
of any type of scientific research installations or equipment in any area of
the marine environment shall be subject to the same conditions as are
prescribed in this Convention for the conduct of marine scientific research in
any such area.
Article 259: Legal
status
The installations or
equipment referred to in this section do not possess the status of islands.
They have no territorial sea of their own, and their presence does not affect
the delimitation of the territorial sea, the exclusive economic zone or the
continental shelf.
Article 260: Safety
zones
Safety zones of a
reasonable breadth not exceeding a distance of 500 metres may be created around
scientific research installations in accordance with the relevant provisions of
this Convention. All States shall ensure that such safety zones are respected
by their vessels.
Article 261:
Non-interference with shipping routes
The deployment and use
of any type of scientific research installations or equipment shall not
constitute an obstacle to established international shipping routes.
Article 262:
Identification markings and warning signals
Installations or
equipment referred to in this section shall bear identification markings
indicating the State of registry or the international organization to which
they belong and shall have adequate internationally agreed warning signals to
ensure safety at sea and the safety of air navigation, taking into account
rules and standards established by competent international organizations.
SECTION 5.
RESPONSIBILITY AND LIABILITY
Article 263:
Responsibility and liability
1. 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 this Convention.
2. States and competent
international organizations shall be responsible and liable for the measures
they take in contravention of this Convention in respect of marine scientific
research conducted by other States, their natural or juridical persons or by
competent international organizations, and shall provide compensation for
damage resulting from such measures.
3. States and competent
international organizations shall be responsible and liable pursuant to article
235 for damage caused by pollution of the marine environment arising out of
marine scientific research undertaken by them or on their behalf.
SECTION 6. SETTLEMENT OF
DISPUTES AND INTERIM MEASURES
Article 264: Settlement
of disputes
Disputes concerning the
interpretation or application of the provisions of this Convention with regard
to marine scientific research shall be settled in accordance with Part XV,
sections 2 and 3.
Article 265: Interim
measures
Pending settlement of a
dispute in accordance with Part XV, sections 2 and 3, the State or competent
international organization authorized to conduct a marine scientific research
project shall not allow research activities to commence or continue without the
express consent of the coastal State concerned.
Part XIV
DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY
SECTION 1. GENERAL
PROVISIONS
Article 266: Promotion
of the development and transfer of marine technology
1. States, directly or
through competent international organizations, shall cooperate in accordance
with their capabilities to promote actively the development and transfer of
marine science and marine technology on fair and reasonable terms and
conditions.
2. States shall promote
the development of the marine scientific and technological capacity of States
which may need and request technical assistance in this field, particularly
developing States, including land-locked and geographically disadvantaged
States, with regard to the exploration, exploitation, conservation and
management of marine resources, the protection and preservation of the marine
environment, marine scientific research and other activities in the marine
environment compatible with this Convention, with a view to accelerating the
social and economic development of the developing States.
3. States shall
endeavour to foster favourable economic and legal conditions for the transfer
of marine technology for the benefit of all parties concerned on an equitable
basis.
Article 267: Protection
of legitimate interests
States, in promoting
cooperation pursuant to article 266, shall have due regard for all legitimate
interests including, inter alia, the rights and duties of holders, suppliers
and recipients of marine technology.
Article 268: Basic
objectives
States, directly or
through competent international organizations, shall promote:
(a) the acquisition,
evaluation and dissemination of marine technological knowledge and facilitate
access to such information and data;
(b) the development of
appropriate marine technology;
(c) the development of
the necessary technological infrastructure to facilitate the transfer of marine
technology;
(d) the development of
human resources through training and education of nationals of developing
States and countries and especially the nationals of the least developed among
them;
(e) international
cooperation at all levels, particularly at the regional, subregional and
bilateral levels.
Article 269: Measures to
achieve the basic objectives
In order to achieve the
objectives referred to in article 268, States, directly or through competent
international organizations, shall endeavour, inter alia, to:
(a) establish programmes
of technical cooperation for the effective transfer of all kinds of marine
technology to States which may need and request technical assistance in this
field, particularly the developing land-locked and geographically disadvantaged
States, as well as other developing States which have not been able either to
establish or develop their own technological capacity in marine science and in
the exploration and exploitation of marine resources or to develop the infrastructure
of such technology;
(b) promote favourable
conditions for the conclusion of agreements, contracts and other similar
arrangements, under equitable and reasonable conditions;
(c) hold conferences,
seminars and symposia on scientific and technological subjects, in particular
on policies and methods for the transfer of marine technology;
(d) promote the exchange
of scientists and of technological and other experts;
(e) undertake projects
and promote joint ventures and other forms of bilateral and multilateral
cooperation.
SECTION 2. INTERNATIONAL
COOPERATION
Article 270: Ways and
means of international cooperation
International
cooperation for the development and transfer of marine technology shall be
carried out, where feasible and appropriate, through existing bilateral,
regional or multilateral programmes, and also through expanded and new
programmes in order to facilitate marine scientific research, the transfer of
marine technology, particularly in new fields, and appropriate international
funding for ocean research and development.
Article 271: Guidelines,
criteria and standards
States, directly or
through competent international organizations, shall promote the establishment
of generally accepted guidelines, criteria and standards for the transfer of marine
technology on a bilateral basis or within the framework of international
organizations and other fora, taking into account, in particular, the interests
and needs of developing States.
Article 272:
Coordination of international programmes
In the field of transfer
of marine technology, States shall endeavour to ensure that competent
international organizations coordinate their activities, including any regional
or global programmes, taking into account the interests and needs of developing
States, particularly land-locked and geographically disadvantaged States.
Article 273: Cooperation
with international organizations and the Authority
States shall cooperate
actively with competent international organizations and the Authority to
encourage and facilitate the transfer to developing States, their nationals and
the Enterprise of skills and marine technology with regard to activities in the
Area.
Article 274: Objectives
of the Authority
Subject to all
legitimate interests including, inter alia, the rights and duties of holders,
suppliers and recipients of technology, the Authority, with regard to
activities in the Area, shall ensure that:
(a) on the basis of the
principle of equitable geographical distribution, nationals of developing
States, whether coastal, land-locked or geographically disadvantaged, shall be
taken on for the purposes of training as members of the managerial, research
and technical staff constituted for its undertakings;
(b) the technical
documentation on the relevant equipment, machinery, devices and processes is
made available to all States, in particular developing States which may need
and request technical assistance in this field;
(c) adequate provision
is made by the Authority to facilitate the acquisition of technical assistance
in the field of marine technology by States which may need and request it, in
particular developing States, and the acquisition by their nationals of the
necessary skills and know-how, including professional training;
(d) States which may
need and request technical assistance in this field, in particular developing
States, are assisted in the acquisition of necessary equipment, processes,
plant and other technical know-how through any financial arrangements provided
for in this Convention.
SECTION 3. NATIONAL AND
REGIONAL MARINE SCIENTIFIC AND TECHNOLOGICAL CENTRES
Article 275:
Establishment of national centres
1. States, directly or
through competent international organizations and the Authority, shall promote
the establishment, particularly in developing coastal States, of national
marine scientific and technological research centres and the strengthening of
existing national centres, in order to stimulate and advance the conduct of
marine scientific research by developing coastal States and to enhance their national
capabilities to utilize and preserve their marine resources for their economic
benefit.
2. States, through
competent international organizations and the Authority, shall give adequate
support to facilitate the establishment and strengthening of such national
centres so as to provide for advanced training facilities and necessary
equipment, skills and know-how as well as technical experts to such States
which may need and request such assistance.
Article 276:
Establishment of regional centres
1. States, in
coordination with the competent international organizations, the Authority and
national marine scientific and technological research institutions, shall
promote the establishment of regional marine scientific and technological
research centres, particularly in developing States, in order to stimulate and
advance the conduct of marine scientific research by developing States and
foster the transfer of marine technology.
2. All States of a
region shall cooperate with the regional centres therein to ensure the more
effective achievement of their objectives.
Article 277: Functions
of regional centres
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,
geological exploration of the seabed, mining and desalination technologies;
(b) management studies;
(c) study programmes
related to the protection and preservation of the marine environment and the
prevention, reduction and control of pollution;
(d) organization of
regional conferences, seminars and symposia;
(e) acquisition and
processing of marine scientific and technological data and information;
(f) prompt dissemination
of results of marine scientific and technological research in readily available
publications;
(g) publicizing national
policies with regard to the transfer of marine technology and systematic
comparative study of those policies;
(h) compilation and
systematization of information on the marketing of technology and on contracts
and other arrangements concerning patents;
(i) technical
cooperation with other States of the region.
SECTION 4. COOPERATION
AMONG INTERNATIONAL ORGANIZATIONS
Article 278: Cooperation
among international organizations
The competent
international organizations referred to in this Part and in Part XIII shall
take all appropriate measures to ensure, either directly or in close
cooperation among themselves, the effective discharge of their functions and
responsibilities under this Part.
Part XV
SETTLEMENT OF DISPUTES SECTION 1. GENERAL PROVISIONS
Article 279: Obligation
to settle disputes by peaceful means
States Parties shall
settle any dispute between them concerning the interpretation or application of
this Convention by peaceful means in accordance with Article 2, paragraph 3, of
the Charter of the United Nations and, to this end, shall seek a solution by
the means indicated in Article 33, paragraph 1, of the Charter.
Article 280: Settlement
of disputes by any peaceful means chosen by the parties
Nothing in this Part
impairs the right of any States Parties to agree at any time to settle a
dispute between them concerning the interpretation or application of this
Convention by any peaceful means of their own choice.
Article 281: Procedure
where no settlement has been reached by the parties
1. If the States Parties
which are parties to a dispute concerning the interpretation or application of
this Convention have agreed to seek settlement of the dispute by a peaceful
means of their own choice, the procedures provided for in this Part apply only
where no settlement has been reached by recourse to such means and the agreement
between the parties does not exclude any further procedure.
2. If the parties have
also agreed on a time-limit, paragraph 1 applies only upon the expiration of
that time-limit.
Article 282: Obligations
under general, regional or bilateral agreements
If the States Parties
which are parties to a dispute concerning the interpretation or application of
this Convention have agreed, through a general, regional or bilateral agreement
or otherwise, that such dispute shall, at the request of any party to the dispute,
be submitted to a procedure that entails a binding decision, that procedure
shall apply in lieu of the procedures provided for in this Part, unless the
parties to the dispute otherwise agree.
Article 283: Obligation
to exchange views
1. When a dispute arises
between States Parties concerning the interpretation or application of this
Convention, the parties to the dispute shall proceed expeditiously to an
exchange of views regarding its settlement by negotiation or other peaceful
means.
2. The parties shall
also proceed expeditiously to an exchange of views where a procedure for the
settlement of such a dispute has been terminated without a settlement or where
a settlement has been reached and the circumstances require consultation
regarding the manner of implementing the settlement.
Article 284:
Conciliation
1. A State Party which
is a party to a dispute concerning the interpretation or application of this
Convention may invite the other party or parties to submit the dispute to
conciliation in accordance with the procedure under Annex V, section 1, or
another conciliation procedure.
2. If the invitation is
accepted and if the parties agree upon the conciliation procedure to be
applied, any party may submit the dispute to that procedure.
3. If the invitation is
not accepted or the parties do not agree upon the procedure, the conciliation
proceedings shall be deemed to be terminated.
4. Unless the parties
otherwise agree, when a dispute has been submitted to conciliation, the
proceedings may be terminated only in accordance with the agreed conciliation
procedure.
Article 285: Application
of this section to disputes submitted pursuant to Part XI
This section applies to
any dispute which pursuant to Part XI, section 5, is to be settled in
accordance with procedures provided for in this Part. If an entity other than a
State Party is a party to such a dispute, this section applies mutatis
mutandis.
SECTION 2. COMPULSORY
PROCEDURES ENTAILING BINDING DECISIONS
Article 286: Application
of procedures under this section
Subject to section 3,
any dispute concerning the interpretation or application of this Convention
shall, where no settlement has been reached by recourse to section 1, be
submitted at the request of any party to the dispute to the court or tribunal
having jurisdiction under this section.
Article 287: Choice of
procedure
1. When signing,
ratifying or acceding to this Convention or at any time thereafter, a State
shall be free to choose, by means of a written declaration, one or more of the
following means for the settlement of disputes concerning the interpretation or
application of this Convention:
(a) the International
Tribunal for the Law of the Sea established in accordance with Annex VI;
(b) the International
Court of Justice;
(c) an arbitral tribunal
constituted in accordance with Annex VII;
(d) a special arbitral
tribunal constituted in accordance with
Annex VIII for one or
more of the categories of disputes specified therein.
2. A declaration made
under paragraph 1 shall not affect or be affected by the obligation of a State
Party to accept the jurisdiction of the Seabed Disputes Chamber of the
International Tribunal for the Law of the Sea to the extent and in the manner
provided for in Part XI, section 5.
3. A State Party, which
is a party to a dispute not covered by a declaration in force, shall be deemed
to have accepted arbitration in accordance with Annex VII.
4. If the parties to a
dispute have accepted the same procedure for the settlement of the dispute, it
may be submitted only to that procedure, unless the parties otherwise agree.
5. If the parties to a
dispute have not accepted the same procedure for the settlement of the dispute,
it may be submitted only to arbitration in accordance with Annex VII, unless
the parties otherwise agree.
6. A declaration made
under paragraph 1 shall remain in force until three months after notice of
revocation has been deposited with the Secretary-General of the United Nations.
7. A new declaration, a
notice of revocation or the expiry of a declaration does not in any way affect
proceedings pending before a court or tribunal having jurisdiction under this
article, unless the parties otherwise agree.
8. Declarations and
notices referred to in this article shall be deposited with the
Secretary-General of the United Nations, who shall transmit copies thereof to
the States Parties.
Article 288:
Jurisdiction
1. A court or tribunal
referred to in article 287 shall have jurisdiction over any dispute concerning
the interpretation or application of this Convention which is submitted to it
in accordance with this Part.
2. A court or tribunal
referred to in article 287 shall also have jurisdiction over any dispute
concerning the interpretation or application of an international agreement
related to the purposes of this Convention, which is submitted to it in
accordance with the agreement.
3. The Seabed Disputes
Chamber of the International Tribunal for the Law of the Sea established in
accordance with Annex VI, and any other chamber or arbitral tribunal referred
to in Part XI, section 5, shall have jurisdiction in any matter which is
submitted to it in accordance therewith.
4. In the event of a
dispute as to whether a court or tribunal has jurisdiction, the matter shall be
settled by decision of that court or tribunal.
Article 289: Experts
In any dispute involving
scientific or technical matters, a court or tribunal exercising jurisdiction
under this section may, at the request of a party or proprio motu, select in
consultation with the parties no fewer than two scientific or technical experts
chosen preferably from the relevant list prepared in accordance with Annex
VIII, article 2, to sit with the court or tribunal but without the right to
vote.
Article 290: Provisional
measures
1. If a dispute has been
duly submitted to a court or tribunal which considers that prima facie it has
jurisdiction under this Part or Part XI, section 5, the court or tribunal may
prescribe any provisional measures which it considers appropriate under the
circumstances to preserve the respective rights of the parties to the dispute
or to prevent serious harm to the marine environment, pending the final
decision.
2. Provisional measures
may be modified or revoked as soon as the circumstances justifying them have
changed or ceased to exist.
3. Provisional measures
may be prescribed, modified or revoked under this article only at the request
of a party to the dispute and after the parties have been given an opportunity
to be heard.
4. The court or tribunal
shall forthwith give notice to the parties to the dispute, and to such other
States Parties as it considers appropriate, of the prescription, modification
or revocation of provisional measures.
5. Pending the
constitution of an arbitral tribunal to which a dispute is being submitted
under this section, any court or tribunal agreed upon by the parties or,
failing such agreement within two weeks from the date of the request for
provisional measures, the International Tribunal for the Law of the Sea or,
with respect to activities in the Area, the Seabed Disputes Chamber, may
prescribe, modify or revoke provisional measures in accordance with this
article if it considers that prima facie the tribunal which is to be
constituted would have jurisdiction and that the urgency of the situation so
requires.
Once constituted, the
tribunal to which the dispute has been submitted may modify, revoke or affirm
those provisional measures, acting in conformity with paragraphs 1 to 4.
6. The parties to the
dispute shall comply promptly with any provisional measures prescribed under
this article.
Article 291: Access
1. All the dispute
settlement procedures specified in this Part shall be open to States Parties.
2. The dispute
settlement procedures specified in this Part shall be open to entities other
than States Parties only as specifically provided for in this Convention.
Article 292: Prompt
release of vessels and crews
1. Where the authorities
of a State Party have detained a vessel flying the flag of another State Party
and it is alleged that the detaining State has not complied with the provisions
of this Convention for the prompt release of the vessel or its crew upon the
posting of a reasonable bond or other financial security, the question of
release from detention may be submitted to any court or tribunal agreed upon by
the parties or, failing such agreement within 10 days from the time of
detention, to a court or tribunal accepted by the detaining State under article
287 or to the International Tribunal for the Law of the Sea, unless the parties
otherwise agree.
2. The application for
release may be made only by or on behalf of the flag State of the vessel.
3. The court or tribunal
shall deal without delay with the application for release and shall deal only
with the question of release, without prejudice to the merits of any case
before the appropriate domestic forum against the vessel, its owner or its
crew. The authorities of the detaining State remain competent to release the
vessel or its crew at any time.
4. Upon the posting of
the bond or other financial security determined by the court or tribunal, the
authorities of the detaining State shall comply promptly with the decision of
the court or tribunal concerning the release of the vessel or its crew.
Article 293: Applicable
law
1. A court or tribunal
having jurisdiction under this section shall apply this Convention and other
rules of international law not incompatible with this Convention.
2. Paragraph l does not
prejudice the power of the court or tribunal having jurisdiction under this
section to decide a case ex aequo et bono, if the parties so agree.
Article 294: Preliminary
proceedings
1. A court or tribunal
provided for in article 287 to which an application is made in respect of a
dispute referred to in article 297 shall determine at the request of a party,
or may determine proprio motu, whether the claim constitutes an abuse of legal
process or whether prima facie it is well founded. If the court or tribunal
determines that the claim constitutes an abuse of legal process or is prima
facie unfounded, it shall take no further action in the case.
2. Upon receipt of the
application, the court or tribunal shall immediately notify the other party or
parties of the application, and shall fix a reasonable time-limit within which
they may request it to make a determination in accordance with paragraph 1.
3. Nothing in this
article affects the right of any party to a dispute to make preliminary
objections in accordance with the applicable rules of procedure.
Article 295: Exhaustion
of local remedies
Any dispute between States
Parties concerning the interpretation or application of this Convention may be
submitted to the procedures provided for in this section only after local
remedies have been exhausted where this is required by international law.
Article 296: Finality
and binding force of decisions
1. Any decision rendered
by a court or tribunal having jurisdiction under this section shall be final
and shall be complied with by all the parties to the dispute.
2. Any such decision
shall have no binding force except between the parties and in respect of that
particular dispute.
SECTION 3. LIMITATIONS
AND EXCEPTIONS TO APPLICABILITY OF SECTION 2
Article 297: Limitations
on applicability of section 2
1. Disputes concerning
the interpretation or application of this Convention with regard to the
exercise by a coastal State of its sovereign rights or jurisdiction provided
for in this Convention shall be subject to the procedures provided for in
section 2 in the following cases:
(a) when it is alleged
that a coastal State has acted in contravention of the provisions of this
Convention in regard to the freedoms and rights of navigation, overflight or
the laying of submarine cables and pipelines, or in regard to other
internationally lawful uses of the sea specified in article 58;
(b) when it is alleged
that a State in exercising the aforementioned freedoms, rights or uses has
acted in contravention of this Convention or of laws or regulations adopted by
the coastal State in conformity with this Convention and other rules of
international law not incompatible with this Convention; or
(c) when it is alleged
that a coastal State has acted in contravention of specified international
rules and standards for the protection and preservation of the marine
environment which are applicable to the coastal State and which have been
established by this Convention or through a competent international
organization or diplomatic conference in accordance with this Convention.
2. (a) Disputes
concerning the interpretation or application of the provisions of this
Convention with regard to marine scientific research shall be settled in
accordance with section 2, except that the coastal State shall not be obliged
to accept the submission to such settlement of any dispute arising out of:
(i) the exercise by the
coastal State of a right or discretion in accordance with article 246; or
(ii) a decision by the
coastal State to order suspension or cessation of a research project in
accordance with article 253.
(b) A dispute arising
from an allegation by the researching State that with respect to a specific
project the coastal State is not exercising its rights under articles 246 and
253 in a manner compatible with this Convention shall be submitted, at the
request of either party, to conciliation under Annex V, section 2, provided
that the conciliation commission shall not call in question the exercise by the
coastal State of its discretion to designate specific areas as referred to in
article 246, paragraph 6, or of its discretion to withhold consent in
accordance with article 246, paragraph 5.
3. (a) Disputes
concerning the interpretation or application of the provisions of this
Convention with regard to fisheries shall be settled in accordance with section
2, except that the coastal State shall not be obliged to accept the submission
to such settlement of any dispute relating to its sovereign rights with respect
to the living resources in the exclusive economic zone or their exercise,
including its discretionary powers for determining the allowable catch, its
harvesting capacity, the allocation of surpluses to other States and the terms
and conditions established in its conservation and management laws and
regulations.
(b) Where no settlement
has been reached by recourse to section 1 of this Part, a dispute shall be submitted
to conciliation under Annex V, section 2, at the request of any party to the
dispute, when it is alleged that:
(i) a coastal State has
manifestly failed to comply with its obligations to ensure through proper
conservation and management measures that the maintenance of the living
resources in the exclusive economic zone is not seriously endangered;
(ii) a coastal State has
arbitrarily refused to determine, at the request of another State, the
allowable catch and its capacity to harvest living resources with respect to
stocks which that other State is interested in fishing; or
(iii) a coastal State
has arbitrarily refused to allocate to any State, under articles 62, 69 and 70
and under the terms and conditions established by the coastal State consistent
with this Convention, the whole or part of the surplus it has declared to
exist.
(c) In no case shall the
conciliation commission substitute its discretion for that of the coastal
State.
(d) The report of the
conciliation commission shall be communicated to the appropriate international
organizations.
(e) In negotiating
agreements pursuant to articles 69 and 70, States Parties, unless they
otherwise agree, shall include a clause on measures which they shall take in
order to minimize the possibility of a disagreement concerning the
interpretation or application of the agreement, and on how they should proceed
if a disagreement nevertheless arises.
Article 298: Optional
exceptions to applicability of section 2
1. When signing,
ratifying or acceding to this Convention or at any time thereafter, a State
may, without prejudice to the obligations arising under section 1, declare in
writing that it does not accept any one or more of the procedures provided for
in section 2 with respect to one or more of the following categories of
disputes:
(a) (i) disputes
concerning the interpretation or application of articles 15, 74 and 83 relating
to sea boundary delimitations, or those involving historic bays or titles,
provided that a State having made such a declaration shall, when such a dispute
arises subsequent to the entry into force of this Convention and where no
agreement within a reasonable period of time is reached in negotiations between
the parties, at the request of any party to the dispute, accept submission of
the matter to conciliation under Annex V, section 2; and provided further that
any dispute that necessarily involves the concurrent consideration of any
unsettled dispute concerning sovereignty or other rights over continental or
insular land territory shall be excluded from such submission;
(ii) after the
conciliation commission has presented its report, which shall state the reasons
on which it is based, the parties shall negotiate an agreement on the basis of
that report; if these negotiations do not result in an agreement, the parties
shall, by mutual consent, submit the question to one of the procedures provided
for in section 2, unless the parties otherwise agree;
(iii) this subparagraph
does not apply to any sea boundary dispute finally settled by an arrangement
between the parties, or to any such dispute which is to be settled in
accordance with a bilateral or multilateral agreement binding upon those
parties;
(b) disputes concerning
military activities, including military activities by government vessels and
aircraft engaged in non-commercial service, and disputes concerning law
enforcement activities in regard to the exercise of sovereign rights or
jurisdiction excluded from the jurisdiction of a court or tribunal under
article 297, paragraph 2 or 3;
(c) disputes 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 decides to remove the matter from its agenda or calls upon the parties
to settle it by the means provided for in this Convention.
2. A State Party which
has made a declaration under paragraph 1 may at any time withdraw it, or agree
to submit a dispute excluded by such declaration to any procedure specified in
this Convention.
3. A State Party which
has made a declaration under paragraph 1 shall not be entitled to submit any
dispute falling within the excepted category of disputes to any procedure in
this Convention as against another State Party, without the consent of that party.
4. If one of the States
Parties has made a declaration under paragraph 1(a), any other State Party may
submit any dispute falling within an excepted category against the declarant
party to the procedure specified in such declaration.
5. A new declaration, or
the withdrawal of a declaration, does not in any way affect proceedings pending
before a court or tribunal in accordance with this article, unless the parties
otherwise agree.
6. Declarations and
notices of withdrawal of declarations under this article shall be deposited
with the Secretary-General of the United Nations, who shall transmit copies
thereof to the States Parties.
Article 299: Right of
the parties to agree upon a procedure
1. A dispute excluded
under article 297 or excepted by a declaration made under article 298 from the
dispute settlement procedures provided for in section 2 may be submitted to
such procedures only by agreement of the parties to the dispute.
2. Nothing in this
section impairs the right of the parties to the dispute to agree to some other
procedure for the settlement of such dispute or to reach an amicable
settlement.
Part XVI
GENERAL PROVISIONS
Article 300: Good faith
and abuse of rights
States Parties shall
fulfil in good faith the obligations assumed under this Convention and shall
exercise the rights, jurisdiction and freedoms recognized in this Convention in
a manner which would not constitute an abuse of right.
Article 301: Peaceful
uses of the seas
In exercising their
rights and performing their duties under this Convention, States Parties shall
refrain from any threat or use of force against the territorial integrity or
political independence of any State, or in any other manner inconsistent with
the principles of international law embodied in the Charter of the United
Nations.
Article 302: Disclosure
of information
Without prejudice to the
right of a State Party to resort to the procedures for the settlement of
disputes provided for in this Convention, nothing in this Convention shall be
deemed to require a State Party, in the fulfilment of its obligations under
this Convention, to supply information the disclosure of which is contrary to
the essential interests of its security.
Article 303:
Archaeological and historical objects found at sea
1. States have the duty
to protect objects of an archaeological and historical nature found at sea and
shall cooperate for this purpose.
2. In order to control
traffic in such objects, the coastal State may, in applying article 33, presume
that their removal from the seabed in the zone referred to in that article
without its approval would result in an infringement within its territory or
territorial sea of the laws and regulations referred to in that article.
3. Nothing in this
article affects the rights of identifiable owners, the law of salvage or other
rules of admiralty, or laws and practices with respect to cultural exchanges.
4. This article is
without prejudice to other international agreements and rules of international
law regarding the protection of objects of an archaeological and historical
nature.
Article 304:
Responsibility and liability for damage
The provisions of this
Convention regarding responsibility and liability for damage are without
prejudice to the application of existing rules and the development of further
rules regarding responsibility and liability under international law.
Part XVII
FINAL PROVISIONS
Article 305: Signature
1. This Convention shall
be open for signature by: (a) all States;
(b) Namibia, represented
by the United Nations Council for Namibia;
(c) all self-governing
associated States which have chosen that status in an act of self-determination
supervised and approved by the United Nations in accordance with General
Assembly resolution 1514 (XV) and which have competence over the matters governed
by this Convention, including the competence to enter into treaties in respect
of those matters;
(d) all self-governing
associated States which, in accordance with their respective instruments of
association, have competence over the matters governed by this Convention,
including the competence to enter into treaties in respect of those matters;
(e) all territories
which enjoy full internal self-government, recognized as such by the United
Nations, but have not attained full independence in accordance with General
Assembly resolution 1514 (XV) and which have competence over the matters
governed by this Convention, including the competence to enter into treaties in
respect of those matters;
(f) international
organizations, in accordance with Annex IX.
2. This Convention shall
remain open for signature until 9 December 1984 at the Ministry of Foreign
Affairs of Jamaica and also, from 1 July 1983 until 9 December 1984, at United
Nations Headquarters in New York.
Article 306:
Ratification and formal confirmation
This Convention is
subject to ratification by States and the other entities referred to in article
305, paragraph l(b), (c), (d) and (e), and to formal confirmation, in
accordance with Annex IX, by the entities referred to in article 305, paragraph
l(f). The instruments of ratification and of formal confirmation shall be
deposited with the Secretary-General of the United Nations.
Article 307: Accession
This Convention shall
remain open for accession by States and the other entities referred to in
article 305. Accession by the entities referred to in article 305, paragraph
l(f), shall be in accordance with Annex IX. The instruments of accession shall
be deposited with the Secretary-General of the United Nations.
Article 308: Entry into
force
1. This Convention shall
enter into force 12 months after the date of deposit of the sixtieth instrument
of ratification or accession.
2. For each State
ratifying or acceding to this Convention after the deposit of the sixtieth
instrument of ratification or accession, the Convention shall enter into force
on the thirtieth day following the deposit of its instrument of ratification or
accession, subject to paragraph 1.
3. The Assembly of the
Authority shall meet on the date of entry into force of this Convention and
shall elect the Council of the Authority. The first Council shall be
constituted in a manner consistent with the purpose of article 161 if the
provisions of that article cannot be strictly applied.
4. The rules,
regulations and procedures drafted by the Preparatory Commission shall apply
provisionally pending their formal adoption by the Authority in accordance with
Part XI.
5. The Authority and its
organs shall act in accordance with resolution II of the Third United Nations
Conference on the Law of the Sea relating to preparatory investment and with
decisions of the Preparatory Commission taken pursuant to that resolution.
Article 309:
Reservations and exceptions
No reservations or
exceptions may be made to this Convention unless expressly permitted by other articles
of this Convention.
Article 310:
Declarations and statements
Article 309 does not
preclude a State, when signing, ratifying or acceding to this Convention, from
making declarations or statements, however phrased or named, with a view, inter
alia, to the harmonization of its laws and regulations with the provisions of
this Convention, provided that such declarations or statements do not purport
to exclude or to modify the legal effect of the provisions of this Convention
in their application to that State.
Article 311: Relation to
other conventions and international agreements
1. This Convention shall
prevail, as between States Parties, over the Geneva Conventions on the Law of
the Sea of 29 April 1958.
2. This Convention shall
not alter the rights and obligations of States Parties which arise from other
agreements compatible with this Convention and which do not affect the
enjoyment by other States Parties of their rights or the performance of their
obligations under this Convention.
3. Two or more States
Parties may conclude agreements modifying or suspending the operation of
provisions of this Convention, applicable solely to the relations between them,
provided that such agreements do not relate to a provision derogation from
which is incompatible with the effective execution of the object and purpose of
this Convention, and provided further that such agreements shall not affect the
application of the basic principles embodied herein, and that the provisions of
such agreements do not affect the enjoyment by other States Parties of their
rights or the performance of their obligations under this Convention.
4. States Parties
intending to conclude an agreement referred to in paragraph 3 shall notify the
other States Parties through the depositary of this Convention of their
intention to conclude the agreement and of the modification or suspension for
which it provides.
5. This article does not
affect international agreements expressly permitted or preserved by other
articles of this Convention.
6. States Parties agree
that there shall be no amendments to the basic principle relating to the common
heritage of mankind set forth in article 136 and that they shall not be party
to any agreement in derogation thereof.
Article 312: Amendment
1. After the expiry of a
period of 10 years from the date of entry into force of this Convention, a
State Party may, by written communication addressed to the Secretary-General of
the United Nations, propose specific amendments to this Convention, other than
those relating to activities in the Area, and request the convening of a
conference to consider such proposed amendments. The Secretary-General shall
circulate such communication to all States Parties. If, within 12 months from
the date of the circulation of the communication, not less than one half of the
States Parties reply favourably to the request, the Secretary-General shall
convene the conference.
2. The decision-making
procedure applicable at the amendment conference shall be the same as that
applicable at the Third United Nations Conference on the Law of the Sea unless
otherwise decided by the conference. The conference should make every effort to
reach agreement on any amendments by way of consensus and there should be no
voting on them until all efforts at consensus have been exhausted.
Article 313: Amendment
by simplified procedure
1. A State Party may, by
written communication addressed to the Secretary-General of the United Nations,
propose an amendment to this Convention, other than an amendment relating to
activities in the Area, to be adopted by the simplified procedure set forth in
this article without convening a conference. The Secretary-General shall
circulate the communication to all States Parties.
2. If, within a period
of 12 months from the date of the circulation of the communication, a State
Party objects to the proposed amendment or to the proposal for its adoption by
the simplified procedure, the amendment shall be considered rejected. The
Secretary-General shall immediately notify all States Parties accordingly.
3. If, 12 months from
the date of the circulation of the communication, no State Party has objected
to the proposed amendment or to the proposal for its adoption by the simplified
procedure, the proposed amendment shall be considered adopted. The
Secretary-General shall notify all States Parties that the proposed amendment
has been adopted.
Article 314: Amendments
to the provisions of this Convention relating exclusively to activities in the
Area
1. A State Party may, by
written communication addressed to the Secretary-General of the Authority,
propose an amendment to the provisions of this Convention relating exclusively
to activities in the Area, including Annex VI, section 4. The Secretary-General
shall circulate such
communication to all States
Parties. The proposed amendment shall be subject to approval by the Assembly
following its approval by the Council. Representatives of States Parties in
those organs shall have full powers to consider and approve the proposed
amendment. The proposed amendment as approved by the Council and the Assembly
shall be considered adopted.
2. Before approving any
amendment under paragraph 1, the Council and the Assembly shall ensure that it
does not prejudice the system of exploration for and exploitation of the
resources of the Area, pending the Review Conference in accordance with article
155.
Article 315: Signature,
ratification of, accession to and authentic texts of amendments
1. Once adopted,
amendments to this Convention shall be open for signature by States Parties for
12 months from the date of adoption, at United Nations Headquarters in New
York, unless otherwise provided in the amendment itself.
2. Articles 306, 307 and
320 apply to all amendments to this Convention.
Article 316: Entry into
force of amendments
1. Amendments to this
Convention, other than those referred to in paragraph 5, shall enter into force
for the States Parties ratifying or acceding to them on the thirtieth day
following the deposit of instruments of ratification or accession by two thirds
of the States Parties or by 60 States Parties, whichever is greater. Such
amendments shall not affect the enjoyment by other States Parties of their
rights or the performance of their obligations under this Convention.
2. An amendment may
provide that a larger number of ratifications or accessions shall be required
for its entry into force than are required by this article.
3. For each State Party
ratifying or acceding to an amendment referred to in paragraph 1 after the
deposit of the required number of instruments of ratification or accession, the
amendment shall enter into force on the thirtieth day following the deposit of
its instrument of ratification or accession.
4. A State which becomes
a Party to this Convention after the entry into force of an amendment in
accordance with paragraph 1 shall, failing an expression of a different
intention by that State:
(a) be considered as a
Party to this Convention as so amended; and
(b) be considered as a
Party to the unamended Convention in relation to any State Party not bound by
the amendment.
5. Any amendment
relating exclusively to activities in the Area and any amendment to Annex VI
shall enter into force for all States Parties one year following the deposit of
instruments of ratification or accession by three fourths of the States
Parties.
6. A State which becomes
a Party to this Convention after the entry into force of amendments in
accordance with paragraph 5 shall be considered as a Party to this Convention
as so amended.
Article 317:
Denunciation
1. A State Party may, by
written notification addressed to the Secretary-General of the United Nations,
denounce this Convention and may indicate its reasons. Failure to indicate
reasons shall not affect the validity of the denunciation. The denunciation shall
take effect one year after the date of receipt of the notification, unless the
notification specifies a later date.
2. A State shall not be
discharged by reason of the denunciation from the financial and contractual
obligations which accrued while it was a Party to this Convention, nor shall
the denunciation affect any right, obligation or legal situation of that State
created through the execution of this Convention prior to its termination for
that State.
3. The denunciation
shall not in any way affect the duty of any State Party to fulfil any
obligation embodied in this Convention to which it would be subject under
international law independently of this Convention.
Article 318: Status of
Annexes
The Annexes form an
integral part of this Convention and, unless expressly provided otherwise, a
reference to this Convention or to one of its Parts includes a reference to the
Annexes relating thereto.
Article 319: Depositary
1. The Secretary-General
of the United Nations shall be the depositary of this Convention and amendments
thereto.
2. In addition to his
functions as depositary, the Secretary-General shall:
(a) report to all States
Parties, the Authority and competent international organizations on issues of a
general nature that have arisen with respect to this Convention;
(b) notify the Authority
of ratifications and formal confirmations of and accessions to this Convention
and amendments thereto, as well as of denunciations of this Convention;
(c) notify States
Parties of agreements in accordance with article 311, paragraph 4;
(d) circulate amendments
adopted in accordance with this Convention to States Parties for ratification
or accession;
(e) convene necessary
meetings of States Parties in accordance with this Convention.
3. (a) The
Secretary-General shall also transmit to the observers referred to in article
156:
(i) reports referred to
in paragraph 2(a);
(ii) notifications
referred to in paragraph 2(b) and (c); and
(iii) texts of
amendments referred to in paragraph 2(d), for their information.
(b) The
Secretary-General shall also invite those observers to participate as observers
at meetings of States Parties referred to in paragraph 2(e).
Article 320: Authentic
texts
The original of this
Convention, of which the Arabic, Chinese, English, French, Russian and Spanish
texts are equally authentic, shall, subject to article 305, paragraph 2, be
deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF, the
undersigned Plenipotentiaries, being duly authorized thereto, have signed this
Convention.
DONE AT MONTEGO BAY,
this tenth day of December, one thousand nine hundred and eighty-two.
ANNEX I.
HIGHLY MIGRATORY SPECIES
1. Albacore tuna:
Thunnus alalunga.
2. Bluefin tuna: Thunnus
thynnus.
3. Bigeye tuna: Thunnus
obesus.
4. Skipjack tuna:
Katsuwonus pelamis.
5. Yellowfin tuna:
Thunnus albacares.
6. Blackfin tuna:
Thunnus atlanticus.
7. Little tuna:
Euthynnus alletteratus; Euthynnus affinis.
8. Southern bluefin
tuna: Thunnus maccoyii.
9. Frigate mackerel:
Auxis thazard; Auxis rochei.
10. Pomfrets: Family
Bramidae.
11. Marlins: Tetrapturus
angustirostris; Tetrapturus belone;
Tetrapturus pfluegeri;
Tetrapturus albidus; Tetrapturus audax;
Tetrapturus georgei;
Makaira mazara; Makaira indica; Makaira nigricans.
12. Sail-fishes:
Istiophorus platypterus; Istiophorus albicans.
13. Swordfish: Xiphias
gladius.
14. Sauries: Scomberesox
saurus; Cololabis saira; Cololabis adocetus;
Scomberesox saurus
scombroides.
15. Dolphin: Coryphaena
hippurus; Coryphaena equiselis.
16. Oceanic sharks:
Hexanchus griseus; Cetorhinus maximus; Family
Alopiidae; Rhincodon
typus; Family Carcharhinidae; Family
Sphyrnidae; Family
Isurida.
17. Cetaceans: Family
Physeteridae; Family Balaenopteridae; Family
Balaenidae; Family
Eschrichtiidae; Family Monodontidae; Family
Ziphiidae; Family
Delphinidae.
ANNEX II.
COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF
Article 1
In accordance with the
provisions of article 76, a Commission on the Limits of the Continental Shelf
beyond 200 nautical miles shall be established in conformity with the following
articles.
Article 2
1. The Commission shall
consist of 21 members who shall be experts in the field of geology, geophysics
or hydrography, elected by States Parties to this Convention from among their
nationals, having due regard to the need to ensure equitable geographical
representation, who shall serve in their personal capacities.
2. The initial election
shall be held as soon as possible but in any case within 18 months after the
date of entry into force of this Convention. At least three months before the
date of each election, the Secretary-General of the United Nations shall
address a letter to the States Parties, inviting the submission of nominations,
after appropriate regional consultations, within three months. The Secretary-General
shall prepare a list in alphabetical order of all persons thus nominated and
shall submit it to all the States Parties.
3. Elections of the
members of the Commission shall be held at a meeting of States Parties convened
by the Secretary-General at United Nations Headquarters. At that meeting, for
which two thirds of the States Parties shall constitute a quorum, the persons
elected to the Commission shall be those nominees who obtain a two-thirds
majority of the votes of the representatives of States Parties present and
voting. Not less than three members shall be elected from each geographical
region.
4. The members of the
Commission shall be elected for a term of five years. They shall be eligible
for re-election.
5. The State Party which
submitted the nomination of a member of the Commission shall defray the
expenses of that member while in performance of Commission duties. The coastal
State concerned shall defray the expenses incurred in respect of the advice
referred to in article 3, paragraph 1(b), of this Annex. The secretariat of the
Commission shall be provided by the Secretary-General of the United Nations.
Article 3
1. The functions of the
Commission shall be:
(a) to consider the data
and other material submitted by coastal States concerning the outer limits of
the continental shelf in areas where those limits extend beyond 200 nautical
miles, and to make recommendations in accordance with article 76 and the
Statement of Understanding adopted on 29 August 1980 by the Third United
Nations Conference on the Law of the Sea;
(b) to provide
scientific and technical advice, if requested by the coastal State concerned
during the preparation of the data referred to in subparagraph (a).
2. The Commission may
cooperate, to the extent considered necessary and useful, with the
Intergovernmental Oceanographic Commission of UNESCO, the International
Hydrographic Organization and other competent international organizations with
a view to exchanging scientific and technical information which might be of
assistance in discharging the Commission's responsibilities.
Article 4
Where a coastal State
intends to establish, in accordance with article 76, the outer limits of its
continental shelf beyond 200 nautical miles, it shall submit particulars of
such limits to the Commission along with supporting scientific and technical
data as soon as possible but in any case within 10 years of the entry into
force of this Convention for that State. The coastal State shall at the same
time give the names of any Commission members who have provided it with
scientific and technical advice.
Article 5
Unless the Commission
decides otherwise, the Commission shall function by way of sub-commissions
composed of seven members, appointed in a balanced manner taking into account
the specific elements of each submission by a coastal State. Nationals of the
coastal State making the submission who are members of the Commission and any
Commission member who has assisted a coastal State by providing scientific and
technical advice with respect to the delineation shall not be a member of the
sub-commission dealing with that submission but has the right to participate as
a member in the proceedings of the Commission concerning the said submission.
The coastal State which has made a submission to the Commission may send its
representatives to participate in the relevant proceedings without the right to
vote.
Article 6
1. The sub-commission
shall submit its recommendations to the Commission.
2. Approval by the
Commission of the recommendations of the sub-commission shall be by a majority
of two thirds of Commission members present and voting.
3. The recommendations
of the Commission shall be submitted in writing to the coastal State which made
the submission and to the Secretary-General of the United Nations.
Article 7
Coastal States shall
establish the outer limits of the continental shelf in conformity with the
provisions of article 76, paragraph 8, and in accordance with the appropriate
national procedures.
Article 8
In the case of
disagreement by the coastal State with the recommendations of the Commission,
the coastal State shall, within a reasonable time, make a revised or new
submission to the Commission.
Article 9
The actions of the
Commission shall not prejudice matters relating to delimitation of boundaries
between States with opposite or adjacent coasts.
ANNEX III.
BASIC CONDITIONS OF PROSPECTING, EXPLORATION AND EXPLOITATION
Article 1: Title to
minerals
Title to minerals shall
pass upon recovery in accordance with this Convention.
Article 2: Prospecting
1. (a) The Authority
shall encourage prospecting in the Area.
(b) Prospecting shall be
conducted only after the Authority has received a satisfactory written
undertaking that the proposed prospector will comply with this Convention and
the relevant rules, regulations and procedures of the Authority concerning
cooperation in the training programmes referred to in articles 143 and 144 and
the protection of the marine environment, and will accept verification by the
Authority of compliance therewith. The proposed prospector shall, at the same
time, notify the Authority of the approximate area or areas in which
prospecting is to be conducted.
(c) Prospecting may be
conducted simultaneously by more than one prospector in the same area or areas.
2. Prospecting shall not
confer on the prospector any rights with respect to resources. A prospector
may, however, recover a reasonable quantity of minerals to be used for testing.
Article 3: Exploration
and exploitation
1. The Enterprise,
States Parties, and the other entities referred to in article 153, paragraph
2(b), may apply to the Authority for approval of plans of work for activities
in the Area.
2. The Enterprise may
apply with respect to any part of the Area, but applications by others with
respect to reserved areas are subject to the additional requirements of article
9 of this Annex.
3. Exploration and
exploitation shall be carried out only in areas specified in plans of work
referred to in article 153, paragraph 3, and approved by the Authority in accordance
with this Convention and the relevant rules, regulations and procedures of the
Authority.
4. Every approved plan
of work shall:
(a) be in conformity
with this Convention and the rules, regulations and procedures of the
Authority;
(b) provide for control
by the Authority of activities in the Area in accordance with article 153,
paragraph 4;
(c) confer on the
operator, in accordance with the rules, regulations and procedures of the
Authority, the exclusive right to explore for and exploit the specified
categories of resources in the area covered by the plan of work. If, however,
the applicant presents for approval a plan of work covering only the stage of
exploration or the stage of exploitation, the approved plan of work shall
confer such exclusive right with respect to that stage only.
5. Upon its approval by
the Authority, every plan of work, except those presented by the Enterprise,
shall be in the form of a contract concluded between the Authority and the
applicant or applicants.
Article 4: Qualifications
of applicants
1. Applicants, other
than the Enterprise, shall be qualified if they have the nationality or control
and sponsorship required by article 153, paragraph 2(b), and if they follow the
procedures and meet the qualification standards set forth in the rules,
regulations and procedures of the Authority.
2. Except as provided in
paragraph 6, such qualification standards shall relate to the financial and
technical capabilities of the applicant and his performance under any previous
contracts with the Authority.
3. Each applicant shall
be sponsored by the State Party of which it is a national unless the applicant
has more than one nationality, as in the case of a partnership or consortium of
entities from several States, in which event all States Parties involved shall
sponsor the application, or unless the applicant is effectively controlled by
another State Party or its nationals, in which event both States Parties shall
sponsor the application. The criteria and procedures for implementation of the
sponsorship requirements shall be set forth in the rules, regulations and
procedures of the Authority.
4. The sponsoring State
or States shall, pursuant to article 139, have the responsibility to ensure,
within their legal systems, that a contractor so sponsored shall carry out
activities in the Area in conformity with the terms of its contract and its
obligations under this Convention. A sponsoring State shall not, however, be
liable for damage caused by any failure of a contractor sponsored by it to comply
with its obligations if that State Party has adopted laws and regulations and
taken administrative measures which are, within the framework of its legal
system, reasonably appropriate for securing compliance by persons under its
jurisdiction.
5. The procedures for
assessing the qualifications of States Parties which are applicants shall take
into account their character as States.
6. The qualification
standards shall require that every applicant, without exception, shall as part
of his application undertake:
(a) to accept as
enforceable and comply with the applicable obligations created by the
provisions of Part XI, the rules, regulations and procedures of the Authority,
the decisions of the organs of the Authority and terms of his contracts with
the Authority;
(b) to accept control by
the Authority of activities in the Area, as authorized by this Convention;
(c) to provide the
Authority with a written assurance that his obligations under the contract will
be fulfilled in good faith;
(d) to comply with the
provisions on the transfer of technology set forth in article 5 of this Annex.
Article 5: Transfer of
technology
1. When submitting a
plan of work, every applicant shall make available to the Authority a general
description of the equipment and methods to be used in carrying out activities
in the Area, and other relevant non-proprietary information about the
characteristics of such technology and information as to where such technology
is available.
2. Every operator shall
inform the Authority of revisions in the description and information made
available pursuant to paragraph 1 whenever a substantial technological change
or innovation is introduced.
3. Every contract for
carrying out activities in the Area shall contain the following undertakings by
the contractor:
(a) to make available to
the Enterprise on fair and reasonable commercial terms and conditions, whenever
the Authority so requests, the technology which he uses in carrying out
activities in the Area under the contract, which the contractor is legally
entitled to transfer. This shall be done by means of licences or other
appropriate arrangements which the contractor shall negotiate with the
Enterprise and which shall be set forth in a specific agreement supplementary
to the contract. This undertaking may be invoked only if the Enterprise finds
that it is unable to obtain the same or equally efficient and useful technology
on the open market on fair and reasonable commercial terms and conditions;
(b) to obtain a written
assurance from the owner of any technology used in carrying out activities in
the Area under the contract, which is not generally available on the open
market and which is not covered by subparagraph (a), that the owner will,
whenever the Authority so requests, make that technology available to the
Enterprise under licence or other appropriate arrangements and on fair and
reasonable commercial terms and conditions, to the same extent as made
available to the contractor. If this assurance is not obtained, the technology
in question shall not be used by the contractor in carrying out activities in
the Area;
(c) to acquire from the
owner by means of an enforceable contract, upon the request of the Enterprise
and if it is possible to do so without substantial cost to the contractor, the
legal right to
transfer to the
Enterprise any technology used by the contractor, in carrying out activities in
the Area under the contract, which the contractor is otherwise not legally
entitled to transfer and which is not generally available on the open market.
In cases where there is a substantial corporate relationship between the
contractor and the owner of the technology, the closeness of this relationship
and the degree of control or influence shall be relevant to the determination
whether all feasible measures have been taken to acquire such a right. In cases
where the contractor exercises effective control over the owner, failure to
acquire from the owner the legal right shall be considered relevant to the
contractor's qualification for any subsequent application for approval of a
plan of work;
(d) to facilitate, upon
the request of the Enterprise, the acquisition by the Enterprise of any
technology covered by subparagraph (b), under licence or other appropriate
arrangements and on fair and reasonable commercial terms and conditions, if the
Enterprise decides to negotiate directly with the owner of the technology;
(e) to take the same
measures as are prescribed in subparagraphs (a), (b), (c) and (d) for the
benefit of a developing State or group of developing States which has applied
for a contract under article 9 of this Annex, provided that these measures
shall be limited to the exploitation of the part of the area proposed by the
contractor which has been reserved pursuant to article 8 of this Annex and
provided that activities under the contract sought by the developing State or
group of developing States would not involve transfer of technology to a third
State or the nationals of a third State. The obligation under this provision
shall only apply with respect to any given contractor where technology has not
been requested by the Enterprise or transferred by that contractor to the
Enterprise.
4. Disputes concerning
undertakings required by paragraph 3, like other provisions of the contracts,
shall be subject to compulsory settlement in accordance with Part XI and, in
cases of violation of these undertakings, suspension or termination of the
contract or monetary penalties may be ordered in accordance with article 18 of
this Annex. Disputes as to whether offers made by the contractor are within the
range of fair and reasonable commercial terms and conditions may be submitted
by either party to binding commercial arbitration in accordance with the
UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed
in the rules, regulations and procedures of the Authority. If the finding is
that the offer made by the contractor is not within the range of fair and
reasonable commercial terms and conditions, the contractor shall be given 45
days to revise his offer to bring it within that range before the Authority
takes any action in accordance with article 18 of this Annex.
5. If the Enterprise is
unable to obtain on fair and reasonable commercial terms and conditions
appropriate technology to enable it to commence in a timely manner the recovery
and processing of minerals from the Area, either the Council or the Assembly
may convene a group of States Parties composed of those which are engaged in
activities in the Area, those which have sponsored entities which are engaged
in activities in the Area and other States Parties having access to such
technology. This group shall consult together and shall take effective measures
to ensure that such technology is made available to the Enterprise on fair and
reasonable commercial terms and conditions. Each such State Party shall take
all feasible measures to this end within its own legal system.
6. In the case of joint
ventures with the Enterprise, transfer of technology will be in accordance with
the terms of the joint venture agreement.
7. The undertakings
required by paragraph 3 shall be included in each contract for the carrying out
of activities in the Area until 10 years after the commencement of commercial
production by the Enterprise, and may be invoked during that period.
8. For the purposes of
this article, "technology" means the specialized equipment and
technical know-how, including manuals, designs, operating instructions,
training and technical advice and assistance, necessary to assemble, maintain
and operate a viable system and the legal right to use these items for that
purpose on a non-exclusive basis.
Article 6: Approval of
plans of work
1. Six months after the
entry into force of this Convention, and thereafter each fourth month, the
Authority shall take up for consideration proposed plans of work.
2. When considering an
application for approval of a plan of work in the form of a contract, the
Authority shall first ascertain whether:
(a) the applicant has
complied with the procedures established for applications in accordance with
article 4 of this Annex and has given the Authority the undertakings and
assurances required by that article. In cases of non-compliance with these
procedures or in the absence of any of these undertakings and assurances, the
applicant shall be given 45 days to remedy these defects;
(b) the applicant
possesses the requisite qualifications provided for in article 4 of this Annex.
3. All proposed plans of
work shall be taken up in the order in which they are received. The proposed
plans of work shall comply with and be governed by the relevant provisions of
this Convention and the rules, regulations and procedures of the Authority,
including those on operational requirements, financial contributions and the
undertakings concerning the transfer of technology. If the proposed plans of
work conform to these requirements, the Authority shall approve them provided
that they are in accordance with the uniform and non-discriminatory
requirements set forth in the rules, regulations and procedures of the
Authority, unless:
(a) part or all of the
area covered by the proposed plan of work is included in an approved plan of
work or a previously submitted proposed plan of work which has not yet been
finally acted on by the Authority;
(b) part or all of the
area covered by the proposed plan of work is disapproved by the Authority
pursuant to article 162, paragraph 2(x); or
(c) the proposed plan of
work has been submitted or sponsored by a State Party which already holds:
(i) plans of work for
exploration and exploitation of polymetallic nodules in non-reserved areas
that, together with either part of the area covered by the application for a
plan of work, exceed in size 30 per cent of a circular area of 400,000 square
kilometres surrounding the centre of either part of the area covered by the
proposed plan of work;
(ii) plans of work for
the exploration and exploitation of polymetallic nodules in non-reserved areas
which, taken together, constitute 2 per cent of the total seabed area which is
not reserved or disapproved for exploitation pursuant to article 162, paragraph
(2)(x).
4. For the purpose of
the standard set forth in paragraph 3(c), a plan of work submitted by a
partnership or consortium shall be counted on a pro rata basis among the
sponsoring States Parties involved in accordance with article 4, paragraph 3,
of this Annex. The Authority may approve plans of work covered by paragraph
3(c) if it determines that such approval would not permit a State Party or
entities sponsored by it to monopolize the conduct of activities in the Area or
to preclude other States Parties from activities in the Area.
5. Notwithstanding
paragraph 3(a), after the end of the interim period specified in article 151,
paragraph 3, the Authority may adopt by means of rules, regulations and
procedures other procedures and criteria consistent with this Convention for
deciding which applicants shall have plans of work approved in cases of
selection among applicants for a proposed area. These procedures and criteria
shall ensure approval of plans of work on an equitable and non-discriminatory
basis.
Article 7: Selection
among applicants for production authorizations
1. Six months after the
entry into force of this Convention, and thereafter each fourth month, the Authority
shall take up for consideration applications for production authorizations
submitted during the immediately preceding period. The Authority shall issue
the authorizations applied for if all such applications can be approved without
exceeding the production limitation or contravening the obligations of the
Authority under a commodity agreement or arrangement to which it has become a
party, as provided in article 151.
2. When a selection must
be made among applicants for production authorizations because of the
production limitation set forth in article 151, paragraphs 2 to 7, or because
of the obligations of the Authority under a commodity agreement or arrangement
to which it has become a party, as provided for in article 151, paragraph 1,
the Authority shall make the selection on the basis of objective and
non-discriminatory standards set forth in its rules, regulations and
procedures.
3. In the application of
paragraph 2, the Authority shall give priority to those applicants which:
(a) give better assurance
of performance, taking into account their financial and technical
qualifications and their performance, if any, under previously approved plans
of work;
(b) provide earlier
prospective financial benefits to the Authority, taking into account when
commercial production is scheduled to begin;
(c) have already
invested the most resources and effort in prospecting or exploration.
4. Applicants which are
not selected in any period shall have priority in subsequent periods until they
receive a production authorization.
5. Selection shall be
made taking into account the need to enhance opportunities for all States
Parties, irrespective of their social and economic systems or geographical
locations so as to avoid discrimination against any State or system, to
participate in activities in the Area and to prevent monopolization of those
activities.
6. Whenever fewer
reserved areas than non-reserved areas are under exploitation, applications for
production authorizations with respect to reserved areas shall have priority.
7. The decisions
referred to in this article shall be taken as soon as possible after the close
of each period.
Article 8: Reservation
of areas
Each application, other
than those submitted by the Enterprise or by any other entities for reserved
areas, shall cover a total area, which need not be a single continuous area,
sufficiently large and of sufficient estimated commercial value to allow two
mining operations. The applicant shall indicate the coordinates dividing the
area into two parts of equal estimated commercial value and submit all the data
obtained by him with respect to both parts. Without prejudice to the powers of
the Authority pursuant to article 17 of this Annex, the data to be submitted
concerning polymetallic nodules shall relate to mapping, sampling, the
abundance of nodules, and their metal content. Within 45 days of receiving such
data, the Authority shall designate which part is to be reserved solely for the
conduct of activities by the Authority through the Enterprise or in association
with developing States. This designation may be deferred for a further period
of 45 days if the Authority requests an independent expert to assess whether
all data required by this article has been submitted. The area designated shall
become a reserved area as soon as the plan of work for the non-reserved area is
approved and the contract is signed.
Article 9: Activities in
reserved areas
1. The Enterprise shall
be given an opportunity to decide whether it intends to carry out activities in
each reserved area. This decision may be taken at any time, unless a
notification pursuant to paragraph 4 is received by the Authority, in which
event the Enterprise shall take its decision within a reasonable time. The
Enterprise may decide to exploit such areas in joint ventures with the
interested State or entity.
2. The Enterprise may
conclude contracts for the execution of part of its activities in accordance
with Annex IV, article 12. It may also enter into joint ventures for the
conduct of such activities with any entities which are eligible to carry out
activities in the Area pursuant to article 153, paragraph 2(b). When
considering such joint ventures, the Enterprise shall offer to States Parties
which are developing States and their nationals the opportunity of effective
participation.
3. The Authority may
prescribe, in its rules, regulations and procedures, substantive and procedural
requirements and conditions with respect to such contracts and joint ventures.
4. Any State Party which
is a developing State or any natural or juridical person sponsored by it and
effectively controlled by it or by other developing State which is a qualified
applicant, or any group of the foregoing, may notify the Authority that it
wishes to submit a plan of work pursuant to article 6 of this Annex with
respect to a reserved area. The plan of work shall be considered if the
Enterprise decides, pursuant to paragraph 1, that it does not intend to carry
out activities in that area.
Article 10: Preference
and priority among applicants
An operator who has an
approved plan of work for exploration only, as provided in article 3, paragraph
4(c), of this Annex shall have a preference and a priority among applicants for
a plan of work covering exploitation of the same area and resources. However,
such preference or priority may be withdrawn if the operator's performance has
not been satisfactory.
Article 11: Joint
arrangements
1. Contracts may provide
for joint arrangements between the contractor and the Authority through the
Enterprise, in the form of joint ventures or production sharing, as well as any
other form of joint arrangement, which shall have the same protection against
revision, suspension or termination as contracts with the Authority.
2. Contractors entering
into such joint arrangements with the Enterprise may receive financial
incentives as provided for in article 13 of this Annex.
3. Partners in joint
ventures with the Enterprise shall be liable for the payments required by
article 13 of this Annex to the extent of their share in the joint ventures,
subject to financial incentives as provided for in that article.
Article 12: Activities
carried out by the Enterprise
1. Activities in the
Area carried out by the Enterprise pursuant to article 153, paragraph 2(a),
shall be governed by Part XI, the rules, regulations and procedures of the
Authority and its relevant decisions.
2. Any plan of work
submitted by the Enterprise shall be accompanied by evidence supporting its
financial and technical capabilities.
Article 13: Financial
terms of contracts
1. In adopting rules,
regulations and procedures concerning the financial terms of a contract between
the Authority and the entities referred to in article 153, paragraph 2(b), and
in negotiating those financial terms in accordance with Part XI and those
rules, regulations and procedures, the Authority shall be guided by the
following objectives:
(a) to ensure optimum
revenues for the Authority from the proceeds of commercial production;
(b) to attract
investments and technology to the exploration and exploitation of the Area;
(c) to ensure equality
of financial treatment and comparable financial obligations for contractors;
(d) to provide
incentives on a uniform and non-discriminatory basis for contractors to
undertake joint arrangements with the Enterprise and developing States or their
nationals, to stimulate the transfer of technology thereto, and to train the
personnel of the Authority and of developing States;
(e) to enable the
Enterprise to engage in seabed mining effectively at the same time as the
entities referred to in article 153, paragraph 2(b); and
(f) to ensure that, as a
result of the financial incentives provided to contractors under paragraph 14,
under the terms of contracts reviewed in accordance with article 19 of this Annex
or under the provisions of article 11 of this Annex with respect to joint
ventures, contractors are not subsidized so as to be given an artificial
competitive advantage with respect to land-based miners.
2. A fee shall be levied
for the administrative cost of processing an application for approval of a plan
of work in the form of a contract and shall be fixed at an amount of $US
500,000 per application. The amount of the fee shall be reviewed from time to
time by the Council in order to ensure that it covers the administrative cost
incurred. If such administrative cost incurred by the Authority in processing
an application is less than the fixed amount, the Authority shall refund the
difference to the applicant.
3. A contractor shall
pay an annual fixed fee of $US 1 million from the date of entry into force of
the contract. If the approved date of commencement of commercial production is
postponed because of a delay in issuing the production authorization, in
accordance with article 151, the annual fixed fee shall be waived for the
period of postponement. From the date of commencement of commercial production,
the contractor shall pay either the production charge or the annual fixed fee,
whichever is greater.
4. Within a year of the
date of commencement of commercial production, in conformity with paragraph 3,
a contractor shall choose to make his financial contribution to the Authority
by either: (a) paying a production charge only; or
(b) paying a combination
of a production charge and a share of net proceeds.
5. (a) If a contractor
chooses to make his financial contribution to the Authority by paying a
production charge only, it shall be fixed at a percentage of the market value
of the processed metals produced from the polymetallic nodules recovered from
the area covered by the contract. This percentage shall be fixed as follows:
(i) years 1-10 of
commercial production 5 per cent
(ii) years 11 to the end
of commercial production 12 per cent
(b) The said market
value shall be the product of the quantity of the processed metals produced
from the polymetallic nodules extracted from the area covered by the contract
and the average price for those metals during the relevant accounting year, as
defined in paragraphs 7 and 8.
6. If a contractor
chooses to make his financial contribution to the Authority by paying a
combination of a production charge and a share of net proceeds, such payments
shall be determined as follows:
(a) The production
charge shall be fixed at a percentage of the market value, determined in
accordance with subpara-graph (b), of the processed metals produced from the
polymetallic nodules recovered from the area covered by the contract. This
percentage shall be fixed as follows:
(i) Fist period of
commercial production 2 percent
(ii) Second period of
commercial production 4 percent
If, in the second period
of commercial production, as defined in subparagraph (d), the return on
investment in any accounting year as defined in subparagraph (m) falls below 15
per cent as a result of the payment of the production charge at 4 per cent, the
production charge shall be 2 per cent instead of 4 per cent in that accounting
year.
(b) The said market
value shall be the product of the quantity of the processed metals produced
from the polymetallic nodules recovered from the area covered by the contract
and the average price for those metals during the relevant accounting year as
defined in paragraphs 7 and 8.
(c) (i) The Authority's
share of net proceeds shall be taken out of that portion of the contractor's
net proceeds which is attributable to the mining of the resources of the area
covered by the contract, referred to hereinafter as attributable net proceeds.
(ii) The Authority's
share of attributable net proceeds shall be determined in accordance with the
following incremental schedule:
|
Portion of
attributable net proceeds |
Share of the Authority |
|
|
First period of
commercial production |
Second period of
commercial production |
|
|
That portion
representing a return on investment which is greater than 0 per cent, but
less than 10 per cent That portion representing a return on investment which
is 10 per cent or greater, but less than 20 per cent That portion
representing a return on investment which is 20 per cent or greater |
35 per cent |
40 per cent |
|
42.5 per cent |
50 per cent |
|
|
50 per cent |
70 per cent |
|
(d) (i) The first period
of commercial production referred to in subparagraphs (a) and (c) shall
commence in the first accounting year of commercial production and terminate in
the accounting year in which the contractor's development costs with interest
on the unrecovered portion thereof are fully recovered by his cash surplus, as
follows:
In the first accounting
year during which development costs are incurred, unrecovered development costs
shall equal the development costs less cash surplus in that year.
In each subsequent
accounting year, unrecovered development costs shall equal the unrecovered
development costs at the end of the preceding accounting year, plus interest
thereon at the rate of 10 per cent per annum, plus development costs incurred
in the current accounting year and less contractor's cash surplus in the
current accounting year. The accounting year in which unrecovered development
costs become zero for the first time shall be the accounting year in which the
contractor's development costs with interest on the unrecovered portion thereof
are fully recovered by his cash surplus. The contractor's cash surplus in any
accounting year shall be his gross proceeds less his operating costs and less
his payments to the Authority under subparagraph (c).
(ii) The second period
of commercial production shall commence in the accounting year following the
termination of the first period of commercial production and shall continue
until the end of the contract.
(e) "Attributable
net proceeds" means the product of the contractor's net proceeds and the
ratio of the development costs in the mining sector to the contractor's
development costs. If the contractor engages in mining, transporting
polymetallic nodules and production primarily of three processed metals,
namely, cobalt, copper and nickel, the amount of attributable net proceeds
shall not be less than 25 per cent of the contractor's net proceeds. Subject to
subparagraph (n), in all other cases, including those where the contractor
engages in mining, transporting polymetallic nodules, and production primarily
of four processed metals, namely, cobalt, copper, manganese and nickel, the
Authority may, in its rules, regulations and procedures, prescribe appropriate
floors which shall bear the same relationship to each case as the 25 per cent
floor does to the three-metal case.
(f) "Contractor's
net proceeds" means the contractor's gross proceeds less his operating
costs and less the recovery of his development costs as set out in subparagraph
(j).
(g) (i) If the
contractor engages in mining, transporting polymetallic nodules and production
of processed metals, "contractor's gross proceeds" means the gross
revenues from the sale of the processed metals and any other monies deemed
reasonably attributable to operations under the contract in accordance with the
financial rules, regulations and procedures of the Authority.
(ii) In all cases other
than those specified in subparagraphs (g)(i) and (n)(iii), "contractor's
gross proceeds" means the gross revenues from the sale of the
semi-processed metals from the polymetallic nodules recovered from the area
covered by the contract, and any other monies deemed reasonably attributable to
operations under the contract in accordance with the financial rules,
regulations and procedures of the Authority.
(h) "Contractor's
development costs" means:
(i) all expenditures
incurred prior to the commencement of commercial production which are directly
related to the development of the productive capacity of the area covered by
the contract and the activities related thereto for operations under the
contract in all cases other than that specified in subparagraph (n), in
conformity with generally recognized accounting principles, including, inter
alia, costs of machinery, equipment, ships, processing plant, construction,
buildings, land, roads, prospecting and exploration of the area covered by the
contract, research and development, interest, required leases, licences and
fees; and
(ii) expenditures similar
to those set forth in (i) above incurred subsequent to the commencement of
commercial production and necessary to carry out the plan of work, except those
chargeable to operating costs.
(i) The proceeds from
the disposal of capital assets and the market value of those capital assets
which are no longer required for operations under the contract and which are
not sold shall be deducted from the contractor's development costs during the
relevant accounting year. When these deductions exceed the contractor's
development costs the excess shall be added to the contractor's gross proceeds.
(j) The contractor's
development costs incurred prior to the commencement of commercial production
referred to in subparagraphs (h)(i) and (n)(iv) shall be recovered in 10 equal
annual instalments from the date of commencement of commercial production. The
contractor's development costs incurred subsequent to the commencement of
commercial production referred to in subparagraphs (h)(ii) and (n)(iv) shall be
recovered in 10 or fewer equal annual instalments so as to ensure their
complete recovery by the end of the contract.
(k) "Contractor's
operating costs" means all expenditures incurred after the commencement of
commercial production in the operation of the productive capacity of the area
covered by the contract and the activities related thereto for operations under
the contract, in conformity with generally recognized accounting principles,
including, inter alia, the annual fixed fee or the production charge, whichever
is greater, expenditures for wages, salaries, employee benefits, materials,
services, transporting, processing and marketing costs, interest, utilities,
preservation of the marine environment, overhead and administrative costs
specifically related to operations under the contract, and any net operating
losses carried forward or backward as specified herein. Net operating losses
may be carried forward for two consecutive years except in the last two years
of the contract in which case they may be carried backward to the two preceding
years.
(l) If the contractor
engages in mining, transporting of polymetallic nodules, and production of
processed and semi-processed metals, "development costs of the mining
sector" means the portion of the contractor's development costs which is
directly related to the mining of the resources of the area covered by the
contract, in conformity with generally recognized accounting principles, and
the financial rules, regulations and procedures of the Authority, including,
inter alia, application fee, annual fixed fee and, where applicable, costs of
prospecting and exploration of the area covered by the contract, and a portion
of research and development costs.
(m) "Return on
investment" in any accounting year means the ratio of attributable net
proceeds in that year to the development costs of the mining sector. For the
purpose of computing this ratio the development costs of the mining sector
shall include expenditures on new or replacement equipment in the mining sector
less the original cost of the equipment replaced.
(n) If the contractor
engages in mining only:
(i) "attributable
net proceeds" means the whole of the contractor's net proceeds;
(ii) "contractor's
net proceeds" shall be as defined in subparagraph (f);
(iii) "contractor's
gross proceeds" means the gross revenues
from the sale of the
polymetallic nodules, and any other monies deemed reasonably attributable to
operations under the contract in accordance with the financial rules,
regulations and procedures of the Authority;
(iv) "contractor's
development costs" means all expenditures incurred prior to the
commencement of commercial production as set forth in subparagraph (h)(i), and
all expenditures incurred subsequent to the commencement of commercial
production as set forth in subparagraph (h)(ii), which are directly related to
the mining of the resources of the area covered by the contract, in conformity
with generally recognized accounting principles;
(v) "contractor's
operating costs" means the contractor's operating costs as in subparagraph
(k) which are directly related to the mining of the resources of the area
covered by the contract in conformity with generally recognized accounting
principles;
(vi) "return on
investment" in any accounting year means the ratio of the contractor's net
proceeds in that year to the contractor's development costs. For the purpose of
computing this ratio, the contractor's development costs shall include
expenditures on new or replacement equipment less the original cost of the
equipment replaced.
(o) The costs referred
to in subparagraphs (h), (k), (l) and (n) in respect of interest paid by the
contractor shall be allowed to the extent that, in all the circumstances, the
Authority approves, pursuant to article 4, paragraph 1, of this Annex, the
debt-equity ratio and the rates of interest as reasonable, having regard to
existing commercial practice.
(p) The costs referred
to in this paragraph shall not be interpreted as including payments of
corporate income taxes or similar charges levied by States in respect of the
operations of the contractor.
7. (a) "Processed
metals", referred to in paragraphs 5 and 6, means the metals in the most
basic form in which they are customarily traded on international terminal
markets. For this purpose, the Authority shall specify, in its financial rules,
regulations and procedures, the relevant international terminal market. For the
metals which are not traded on such markets, "processed metals" means
the metals in the most basic form in which they are customarily traded in
representative arm's length transactions.
(b) If the Authority
cannot otherwise determine the quantity of the processed metals produced from
the polymetallic nodules recovered from the area covered by the contract
referred to in paragraphs 5(b) and 6(b), the quantity shall be determined on
the basis of the metal content of the nodules, processing recovery efficiency
and other relevant factors, in accordance with the rules, regulations and
procedures of the Authority and in conformity with generally recognized
accounting principles.
8. If an international
terminal market provides a representative pricing mechanism for processed
metals, polymetallic nodules and semi-processed metals from the nodules, the
average price on that market shall be used. In all other cases, the Authority
shall, after consulting the contractor, determine a fair price for the said
products in accordance with paragraph 9.
9. (a) All costs,
expenditures, proceeds and revenues and all determinations of price and value
referred to in this article shall be the result of free market or arm's length
transactions. In the absence thereof, they shall be determined by the
Authority, after consulting the contractor, as though they were the result of
free market or arm's length transactions, taking into account relevant
transactions in other markets.
(b) In order to ensure
compliance with and enforcement of the provisions of this paragraph, the
Authority shall be guided by the principles adopted for, and the interpretation
given to, arm's length transactions by the Commission on Transnational
Corporations of the United Nations, the Group of Experts on Tax Treaties
between Developing and Developed Countries and other international
organizations, and shall, in its rules, regulations and procedures, specify
uniform and internationally acceptable accounting rules and procedures, and the
means of selection by the contractor of certified independent accountants
acceptable to the Authority for the purpose of carrying out auditing in
compliance with those rules, regulations and procedures.
10. The contractor shall
make available to the accountants, in accordance with the financial rules,
regulations and procedures of the Authority, such financial data as are
required to determine compliance with this article.
11. All costs,
expenditures, proceeds and revenues, and all prices and values referred to in
this article, shall be determined in accordance with generally recognized
accounting principles and the financial rules, regulations and procedures of the
Authority.
12. Payments to the
Authority under paragraphs 5 and 6 shall be made in freely usable currencies or
currencies which are freely available and effectively usable on the major
foreign exchange markets or, at the contractor's option, in the equivalents of
processed metals at market value. The market value shall be determined in
accordance with paragraph 5(b). The freely usable currencies and currencies
which are freely available and effectively usable on the major foreign exchange
markets shall be defined in the rules, regulations and procedures of the
Authority in accordance with prevailing international monetary practice.
13. All financial
obligations of the contractor to the Authority, as well as all his fees, costs,
expenditures, proceeds and revenues referred to in this article, shall be
adjusted by expressing them in constant terms relative to a base year.
14. The Authority may,
taking into account any recommendations of the Economic Planning Commission and
the Legal and Technical Commission, adopt rules, regulations and procedures
that provide for incentives, on a uniform and non-discriminatory basis, to
contractors to further the objectives set out in paragraph 1.
15. In the event of a
dispute between the Authority and a contractor over the interpretation or
application of the financial terms of a contract, either party may submit the
dispute to binding commercial arbitration, unless both parties agree to settle
the dispute by other means, in accordance with article 188, paragraph 2.
Article 14: Transfer of
data
1. The operator shall
transfer to the Authority, in accordance with its rules, regulations and
procedures and the terms and conditions of the plan of work, at time intervals
determined by the Authority all data which are both necessary for and relevant
to the effective exercise of the powers and functions of the principal organs
of the Authority in respect of the area covered by the plan of work.
2. Transferred data in
respect of the area covered by the plan of work, deemed proprietary, may only
be used for the purposes set forth in this article.
Data necessary for the
formulation by the Authority of rules, regulations and procedures concerning
protection of the marine environment and safety, other than equipment design
data, shall not be deemed proprietary.
3. Data transferred to
the Authority by prospectors, applicants for contracts or contractors, deemed
proprietary, shall not be disclosed by the Authority to the Enterprise or to
anyone external to the Authority, but data on the reserved areas may be
disclosed to the Enterprise. Such data transferred by such persons to the
Enterprise shall not be disclosed by the Enterprise to the Authority or to
anyone external to the Authority.
Article 15: Training
programmes
The contractor shall
draw up practical programmes for the training of personnel of the Authority and
developing States, including the participation of such personnel in all
activities in the Area which are covered by the contract, in accordance with
article 144, paragraph 2.
Article 16: Exclusive
right to explore and exploit
The Authority shall,
pursuant to Part XI and its rules, regulations and procedures, accord the
operator the exclusive right to explore and exploit the area covered by the
plan of work in respect of a specified category of resources and shall ensure
that no other entity operates in the same area for a different category of
resources in a manner which might interfere with the operations of the
operator. The operator shall have security of tenure in accordance with article
153, paragraph 6.
Article 17: Rules,
regulations and procedures of the Authority
1. The Authority shall
adopt and uniformly apply rules, regulations and procedures in accordance with
article 160, paragraph 2(f)(ii), and article 162, paragraph 2(o)(ii), for the
exercise of its functions as set forth in Part XI on, inter alia, the following
matters:
(a) administrative
procedures relating to prospecting, exploration and exploitation in the Area;
(b) operations:
(i) size of area;
(ii) duration of operations;
(iii) performance
requirements including assurances pursuant to article 4, paragraph 6(c), of
this Annex;
(iv) categories of
resources; (v) renunciation of areas;
(vi) progress reports;
(vii) submission of data;
(viii) inspection and
supervision of operations;
(ix) prevention of
interference with other activities in the marine environment;
(x) transfer of rights
and obligations by a contractor;
(xi) procedures for
transfer of technology to developing States in accordance with article 144 and
for their direct participation;
(xii) mining standards
and practices, including those relating to operational safety, conservation of
the resources and the protection of the marine environment;
(xiii) definition of
commercial production; (xiv) qualification standards for applicants;
(c) financial matters:
(i) establishment of
uniform and non-discriminatory costing and accounting rules and the method of
selection of auditors;
(ii) apportionment of
proceeds of operations;
(iii) the incentives
referred to in article 13 of this Annex;
(d) implementation of
decisions taken pursuant to article 151, paragraph 10, and article 164,
paragraph 2(d).
2. Rules, regulations
and procedures on the following items shall fully reflect the objective
criteria set out below:
(a) Size of areas:
The Authority shall
determine the appropriate size of areas for exploration which may be up to
twice as large as those for exploitation in order to permit intensive
exploration operations. The size of area shall be calculated to satisfy the
requirements of article 8 of this Annex on reservation of areas as well as
stated production requirements consistent with article 151 in accordance with
the terms of the contract taking into account the state of the art of
technology then available for seabed mining and the relevant physical
characteristics of the areas. Areas shall be neither smaller nor larger than
are necessary to satisfy this objective.
(b) Duration of
operations:
(i) Prospecting shall be
without time-limit;
(ii) Exploration should
be of sufficient duration to permit a thorough survey of the specific area, the
design and construction of mining equipment for the area and the design and
construction of small and medium-size processing plants for the purpose of
testing mining and processing systems;
(iii) 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, the useful
life of mining equipment and processing facilities and commercial viability. Exploitation
should be of sufficient duration to permit commercial extraction of 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 give the Authority an opportunity to amend the
terms and conditions of the plan of work at the time it considers renewal in
accordance with rules, regulations and procedures which it has adopted
subsequent to approving the plan of work.
(c) Performance
requirements:
The Authority shall
require that during the exploration stage periodic expenditures be made by the
operator which are reasonably related to the size of the area covered by the
plan of work and the expenditures which would be expected of a bona fide
operator who intended to bring the area into commercial production within the
time-limits established by the Authority. The 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 exploration stage is completed and
the exploitation stage begins, to achieve 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 exploration stage and the commencement of the
exploitation stage. Accordingly, the interval to bring an area into commercial
production should take into account the time necessary for this construction
after the completion of the exploration stage and reasonable allowance should be
made for unavoidable delays in the construction schedule. Once commercial
production is achieved, the Authority shall within reasonable limits and taking
into consideration all relevant factors require the operator to maintain
commercial production throughout the period of the plan of work.
(d) Categories of
resources:
In determining the
category of resources in respect of which a plan of work may be approved, the
Authority shall give emphasis inter alia to the following characteristics:
(i) that certain
resources require the use of similar mining methods; and
(ii) that some resources
can be developed simultaneously without undue interference between operators
developing different resources in the same area.
Nothing in this
subparagraph shall preclude the Authority from approving a plan of work with
respect to more than one category of resources in the same area to the same
applicant. (e) Renunciation of areas:
The operator shall have
the right at any time to renounce without penalty the whole or part of his
rights in the area covered by a plan of work.
(f) Protection of the
marine environment:
Rules, regulations and
procedures shall be drawn up in order to secure effective protection of the
marine environment from harmful effects directly resulting from activities in
the Area or from shipboard processing immediately above a mine site of minerals
derived from that mine site, taking into account the extent to which such
harmful effects may directly result from drilling, dredging, coring and
excavation and from disposal, dumping and discharge into the marine environment
of sediment, wastes or other effluents.
(g) Commercial
production:
Commercial production
shall be deemed to have begun if an operator engages in sustained large-scale
recovery operations which yield a quantity of materials sufficient to indicate
clearly that the principal purpose is large-scale production rather than
production intended for information gathering, analysis or the testing of
equipment or plant.
Article 18: Penalties
1. A contractor's rights
under the contract may be suspended or terminated only in the following cases:
(a) if, in spite of
warnings by the Authority, the contractor has conducted his activities in such
a way as to result in serious, persistent and wilful violations of the
fundamental terms of the contract, Part XI and the rules, regulations and
procedures of the Authority; or
(b) if the contractor
has failed to comply with a final binding decision of the dispute settlement
body applicable to him.
2. In the case of any violation
of the contract not covered by paragraph 1(a), or in lieu of suspension or
termination under paragraph 1(a), the Authority may impose upon the contractor
monetary penalties proportionate to the seriousness of the violation.
3. Except for emergency orders
under article 162, paragraph 2(w), the Authority may not execute a decision
involving monetary penalties, suspension or termination until the contractor
has been accorded a reasonable opportunity to exhaust the judicial remedies
available to him pursuant to Part XI, section 5.
Article 19: Revision of
contract
1. When circumstances
have arisen or are likely to arise which, in the opinion of either party, would
render the contract inequitable or make it impracticable or impossible to
achieve the objectives set out in the contract or in Part XI, the parties shall
enter into negotiations to revise it accordingly.
2. Any contract entered
into in accordance with article 153, paragraph 3, may be revised only with the
consent of the parties.
Article 20: Transfer of
rights and obligations
The rights and
obligations arising under a contract may be transferred only with the consent
of the Authority, and in accordance with its rules, regulations and procedures.
The Authority shall not unreasonably withhold consent to the transfer if the
proposed transferee is in all respects a qualified applicant and assumes all of
the obligations of the transferor and if the transfer does not confer to the
transferee a plan of work, the approval of which would be forbidden by article
6, paragraph 3(c), of this Annex.
Article 21: Applicable
law
1. The contract shall be
governed by the terms of the contract, the rules, regulations and procedures of
the Authority, Part XI and other rules of international law not incompatible
with this Convention.
2. Any final decision
rendered by a court or tribunal having jurisdiction under this Convention
relating to the rights and obligations of the Authority and of the contractor
shall be enforceable in the territory of each State Party.
3. No State Party may
impose conditions on a contractor that are inconsistent with Part XI. However,
the application by a State Party to contractors sponsored by it, or to ships
flying its flag, of environmental or other laws and regulations more stringent
than those in the rules, regulations and procedures of the Authority adopted
pursuant to article 17, paragraph 2(f), of this Annex shall not be deemed
inconsistent with Part XI.
Article 22:
Responsibility
The contractor shall
have responsibility or liability for any damage arising out of wrongful acts in
the conduct of its operations, account being taken of contributory acts or
omissions by the Authority. Similarly, the Authority shall have responsibility
or liability for any damage arising out of wrongful acts in the exercise of its
powers and functions, including violations under article 168, paragraph 2,
account being taken of contributory acts or omissions by the contractor.
Liability in every case shall be for the actual amount of damage.
ANNEX IV.
STATUTE OF THE ENTERPRISE
Article 1: Purposes
1. The Enterprise is the
organ of the Authority which shall carry out activities in the Area directly,
pursuant to article 153, paragraph 2 (a), as well as the transporting,
processing and marketing of minerals recovered from the Area.
2. In carrying out its
purposes and in the exercise of its functions, the Enterprise shall act in
accordance with this Convention and the rules, regulations and procedures of
the Authority.
3. In developing the
resources of the Area pursuant to paragraph 1, the Enterprise shall, subject to
this Convention, operate in accordance with sound commercial principles.
Article 2: Relationship
to the Authority
1. Pursuant to article
170, the Enterprise shall act in accordance with the general policies of the
Assembly and the directives of the Council.
2. Subject to paragraph
l, the Enterprise shall enjoy autonomy in the conduct of its operations.
3. Nothing in this
Convention shall make the Enterprise liable for the acts or obligations of the
Authority, or make the Authority liable for the acts or obligations of the
Enterprise.
Article 3: Limitation of
liability
Without prejudice to
article 11, paragraph 3, of this Annex, no member of the Authority shall be
liable by reason only of its membership for the acts or obligations of the
Enterprise.
Article 4: Structure
The Enterprise shall
have a Governing Board, a Director-General and the staff necessary for the
exercise of its functions.
Article 5: Governing
Board
1. The Governing Board
shall be composed of 15 members elected by the Assembly in accordance with
article 160, paragraph 2(c). In the election of the members of the Board, due
regard shall be paid to the principle of equitable geographical distribution.
In submitting nominations of candidates for election to the Board, members of
the Authority shall bear in mind the need to nominate candidates of the highest
standard of competence, with qualifications in relevant fields, so as to ensure
the viability and success of the Enterprise.
2. Members of the Board
shall be elected for four years and may be re-elected; and due regard shall be
paid to the principle of rotation of membership.
3. Members of the Board
shall continue in office until their successors are elected. If the office of a
member of the Board becomes vacant, the Assembly shall, in accordance with
article 160, paragraph 2(c), elect a new member for the remainder of his
predecessor's term.
4. Members of the Board
shall act in their personal capacity. In the performance of their duties they
shall not seek or receive instructions from any government or from any other
source. Each member of the Authority shall respect the independent character of
the members of the Board and shall refrain from all attempts to influence any
of them in the discharge of their duties.
5. Each member of the
Board shall receive remuneration to be paid out of the funds of the Enterprise.
The amount of remuneration shall be fixed by the Assembly, upon the
recommendation of the Council.
6. The Board shall
normally function at the principal office of the Enterprise and shall meet as
often as the business of the Enterprise may require.
7. Two thirds of the
members of the Board shall constitute a quorum.
8. Each member of the
Board shall have one vote. All matters before the Board shall be decided by a
majority of its members. If a member has a conflict of interest on a matter
before the Board he shall refrain from voting on that matter.
9. Any member of the
Authority may ask the Board for information in respect of its operations which
particularly affect that member. The Board shall endeavour to provide such
information.
Article 6: Powers and
functions of the Governing Board
The Governing Board
shall direct the operations of the Enterprise. Subject to this Convention, the
Governing Board shall exercise the powers necessary to fulfil the purposes of
the Enterprise, including powers:
(a) to elect a Chairman
from among its members; (b) to adopt its rules of procedure;
(c) to draw up and
submit formal written plans of work to the Council in accordance with article
153, paragraph 3, and article 162, paragraph 2(j);
(d) to develop plans of
work and programmes for carrying out the activities specified in article 170;
(e) to prepare and
submit to the Council applications for production authorizations in accordance
with article 151, paragraphs 2 to 7;
(f) to authorize
negotiations concerning the acquisition of technology, including those provided
for in Annex III, article 5, paragraph 3(a), (c) and (d), and to approve the
results of those negotiations;
(g) to establish terms
and conditions, and to authorize negotiations, concerning joint ventures and
other forms of joint arrangements referred to in Annex III, articles 9 and 11,
and to approve the results of such negotiations;
(h) to recommend to the
Assembly what portion of the net income of the Enterprise should be retained as
its reserves in accordance with article 160, paragraph 2(f), and article 10 of
this Annex; (i) to approve the annual budget of the Enterprise;
(j) to authorize the
procurement of goods and services in accordance with article 12, paragraph 3,
of this Annex;
(k) to submit an annual
report to the Council in accordance with article 9 of this Annex;
(l) to submit to the
Council for the approval of the Assembly draft rules in respect of the
organization, management, appointment and dismissal of the staff of the
Enterprise and to adopt regulations to give effect to such rules;
(m) to borrow funds and
to furnish such collateral or other security as it may determine in accordance
with article 11, paragraph 2, of this Annex;
(n) to enter into any
legal proceedings, agreements and transactions and to take any other actions in
accordance with article 13 of this Annex;
(o) to delegate, subject
to the approval of the Council, any non-discretionary powers to the
Director-General and to its committees.
Article 7:
Director-General and staff of the Enterprise
1. The Assembly shall,
upon the recommendation of the Council and the nomination of the Governing
Board, elect the Director-General of the Enterprise who shall not be a member
of the Board. The Director-General shall hold office for a fixed term, not
exceeding five years, and may be re-elected for further terms.
2. The Director-General
shall be the legal representative and chief executive of the Enterprise and
shall be directly responsible to the Board for the conduct of the operations of
the Enterprise. He shall be responsible for the organization, management,
appointment and dismissal of the staff of the Enterprise in accordance with the
rules and regulations referred to in article 6, subparagraph (l), of this
Annex. He shall participate, without the right to vote, in the meetings of the
Board and may participate, without the right to vote, in the meetings of the
Assembly and the Council when these organs are dealing with matters concerning
the Enterprise.
3. The paramount
consideration in the recruitment and employment of the staff and in the
determination of their conditions of service shall be the necessity of securing
the highest standards of efficiency and of technical competence. Subject to
this consideration, due regard shall be paid to the importance of recruiting
the staff on an equitable geographical basis.
4. In the performance of
their duties the Director-General and the staff shall not seek or receive
instructions from any government or from any other source external to the
Enterprise. They shall refrain from any action which might reflect on their
position as international officials of the Enterprise responsible only to the Enterprise.
Each State Party undertakes to respect the exclusively international character
of the responsibilities of the Director-General and the staff and not to seek
to influence them in the discharge of their responsibilities.
5. The responsibilities
set forth in article 168, paragraph 2, are equally applicable to the staff of
the Enterprise.
Article 8: Location
The Enterprise shall
have its principal office at the seat of the Authority. The Enterprise may
establish other offices and facilities in the territory of any State Party with
the consent of that State Party.
Article 9: Reports and
financial statements
1. The Enterprise shall,
not later than three months after the end of each financial year, submit to the
Council for its consideration an annual report containing an audited statement
of its accounts and shall transmit to the Council at appropriate intervals a
summary statement of its financial position and a profit and loss statement
showing the results of its operations.
2. The Enterprise shall
publish its annual report and such other reports as it finds appropriate.
3. All reports and
financial statements referred to in this article shall be distributed to the
members of the Authority.
Article 10: Allocation
of net income
1. Subject to paragraph
3, the Enterprise shall make payments to the Authority under Annex III, article
13, or their equivalent.
2. The Assembly shall,
upon the recommendation of the Governing Board, determine what portion of the
net income of the Enterprise shall be retained as reserves of the Enterprise.
The remainder shall be transferred to the Authority.
3. During an initial
period required for the Enterprise to become self-supporting, which shall not
exceed 10 years from the commencement of commercial production by it, the
Assembly shall exempt the Enterprise from the payments referred to in paragraph
1, and shall leave all of the net income of the Enterprise in its reserves.
Article 11: Finances
1. The funds of the
Enterprise shall include:
(a) amounts received
from the Authority in accordance with article 173, paragraph 2(b);
(b) voluntary
contributions made by States Parties for the purpose of financing activities of
the Enterprise;
(c) amounts borrowed by
the Enterprise in accordance with paragraphs 2 and 3;
(d) income of the Enterprise
from its operations;
(e) other funds made
available to the Enterprise to enable it to commence operations as soon as
possible and to carry out its functions.
2. (a) The Enterprise
shall have the power to borrow funds and to furnish such collateral or other
security as it may determine.
Before making a public
sale of its obligations in the financial markets or currency of a State Party,
the Enterprise shall obtain the approval of that State Party. The total amount
of borrowings shall be approved by the Council upon the recommendation of the
Governing Board.
(b) States Parties shall
make every reasonable effort to support applications by the Enterprise for
loans on capital markets and from international financial institutions.
3. (a) The Enterprise shall
be provided with the funds necessary to explore and exploit one mine site, and
to transport, process and market the minerals recovered therefrom and the
nickel, copper, cobalt and manganese obtained, and to meet its initial
administrative expenses. The amount of the said funds, and the criteria and
factors for its adjustment, shall be included by the Preparatory Commission in
the draft rules, regulations and procedures of the Authority.
(b) All States Parties
shall make available to the Enterprise an amount equivalent to one half of the
funds referred to in subparagraph (a) by way of long-term interest-free loans
in accordance with the scale of assessments for the United Nations regular
budget in force at the time when the assessments are made, adjusted to take
into account the States which are not members of the United Nations.
Debts incurred by the Enterprise in raising the other half of the funds shall
be guaranteed by all States Parties in accordance with the same scale.
(c) If the sum of the
financial contributions of States Parties is less than the funds to be provided
to the Enterprise under subparagraph (a), the Assembly shall, at its first
session, consider the extent of the shortfall and adopt by consensus measures
for dealing with this shortfall, taking into account the obligation of States
Parties under subparagraphs (a) and (b) and any recommendations of the
Preparatory Commission.
(d) (i) Each State Party
shall, within 60 days after the entry into force of this Convention, or within
30 days after the deposit of its instrument of ratification or accession,
whichever is later, deposit with the Enterprise irrevocable, non-negotiable,
non-interest-bearing promissory notes in the amount of the share of such State
Party of interest-free loans pursuant to subparagraph (b).
(ii) The Board shall
prepare, at the earliest practicable date after this Convention enters into
force, and thereafter at annual or other appropriate intervals, a schedule of
the magnitude and timing of its requirements for the funding of its
administrative expenses and for activities carried out by the Enterprise in
accordance with article 170 and article 12 of this Annex.
(iii) The States Parties
shall, thereupon, be notified by the Enterprise, through the Authority, of
their respective shares of the funds in accordance with subparagraph (b),
required for such expenses. The Enterprise shall encash such amounts of the
promissory notes as may be required to meet the expenditure referred to in the
schedule with respect to interest-free loans.
(iv) States Parties
shall, upon receipt of the notification, make available their respective shares
of debt guarantees for the Enterprise in accordance with subparagraph (b).
(e) (i) If the
Enterprise so requests, State Parties may provide debt guarantees in addition
to those provided in accordance with the scale referred to in subparagraph (b).
(ii) In lieu of debt
guarantees, a State Party may make a voluntary contribution to the Enterprise
in an amount equivalent to that portion of the debts which it would otherwise
be liable to guarantee.
(f) Repayment of the
interest-bearing loans shall have priority over the repayment of the
interest-free loans. Repayment of interest-free loans shall be in accordance
with a schedule adopted by the Assembly, upon the recommendation of the Council
and the advice of the Board. In the exercise of this function the Board shall
be guided by the relevant provisions of the rules, regulations and procedures
of the Authority, which shall take into account the paramount importance of
ensuring the effective functioning of the Enterprise and, in particular,
ensuring its financial independence.
(g) Funds made available
to the Enterprise shall be in freely usable currencies or currencies which are
freely available and effectively usable in the major foreign exchange markets.
These currencies shall
be defined in the rules, regulations and procedures of the Authority in
accordance with prevailing international monetary practice. Except as provided
in paragraph 2, no State Party shall maintain or impose restrictions on the
holding, use or exchange by the Enterprise of these funds.
(h) "Debt
guarantee" means a promise of a State Party to creditors of the Enterprise
to pay, pro rata in accordance with the appropriate scale, the financial
obligations of the Enterprise covered by the guarantee following notice by the
creditors to the State Party of a default by the Enterprise. Procedures for the
payment of those obligations shall be in conformity with the rules, regulations
and procedures of the Authority.
4. The funds, assets and
expenses of the Enterprise shall be kept separate from those of the Authority.
This article shall not prevent the Enterprise from making arrangements with the
Authority regarding facilities, personnel and services and arrangements for
reimbursement of administrative expenses paid by either on behalf of the other.
5. The records, books
and accounts of the Enterprise, including its annual financial statements,
shall be audited annually by an independent auditor appointed by the Council.
Article 12: Operations
1. The Enterprise shall
propose to the Council projects for carrying out activities in accordance with
article 170. Such proposals shall include a formal written plan of work for
activities in the Area in accordance with article 153, paragraph 3, and all
such other information and data as may be required from time to time for its
appraisal by the Legal and Technical Commission and approval by the Council.
2. Upon approval by the
Council, the Enterprise shall execute the project on the basis of the formal
written plan of work referred to in paragraph 1.
3. (a) If the Enterprise
does not possess the goods and services required for its operations it may
procure them. For that purpose, it shall issue invitations to tender and award
contracts to bidders offering the best combination of quality, price and
delivery time.
(b) If there is more
than one bid offering such a combination, the contract shall be awarded in
accordance with:
(i) the principle of
non-discrimination on the basis of political or other considerations not
relevant to the carrying out of operations with due diligence and efficiency;
and
(ii) guidelines approved
by the Council with regard to the preferences to be accorded to goods and
services originating in developing States, including the land-locked and
geographically disadvantaged among them.
(c) The Governing Board
may adopt rules determining the special circumstances in which the requirement
of invitations to bid may, in the best interests of the Enterprise, be
dispensed with.
4. The Enterprise shall
have title to all minerals and processed substances produced by it.
5. The Enterprise shall
sell its products on a non-discriminatory basis.
It shall not give
non-commercial discounts.
6. Without prejudice to
any general or special power conferred on the Enterprise under any other
provision of this Convention, the Enterprise shall exercise such powers
incidental to its business as shall be necessary.
7. The Enterprise shall
not interfere in the political affairs of any State Party; nor shall it be
influenced in its decisions by the political character of the State Party
concerned. Only commercial considerations shall be relevant to its decisions,
and these considerations shall be weighed impartially in order to carry out the
purposes specified in article 1 of this Annex.
Article 13: Legal
status, privileges and immunities
1. To enable the
Enterprise to exercise its functions, the status, privileges and immunities set
forth in this article shall be accorded to the Enterprise in the territories of
States Parties. To give effect to this principle the Enterprise and States
Parties may, where necessary, enter into special agreements.
2. The Enterprise shall
have such legal capacity as is necessary for the exercise of its functions and
the fulfilment of its purposes and, in particular, the capacity:
(a) to enter into
contracts, joint arrangements or other arrangements, including agreements with
States and international organizations;
(b) to acquire, lease,
hold and dispose of immovable and movable property;
(c) to be a party to
legal proceedings.
3. (a) Actions may be
brought against the Enterprise only in a court of competent jurisdiction in the
territory of a State Party in which the Enterprise:
(i) has an office or
facility;
(ii) has appointed an
agent for the purpose of accepting service or notice of process;
(iii) has entered into a
contract for goods or services; (iv) has issued securities; or
(v) is otherwise engaged
in commercial activity.
(b) The property and
assets of the Enterprise, wherever located and by whomsoever held, shall be
immune from all forms of seizure, attachment or execution before the delivery
of final judgment against the Enterprise.
4. (a) The property and
assets of the Enterprise, wherever located and by whomsoever held, shall be
immune from requisition, confiscation, expropriation or any other form of
seizure by executive or legislative action.
(b) The property and
assets of the Enterprise, wherever located and by whomsoever held, shall be
free from discriminatory restrictions, regulations, controls and moratoria of
any nature. (c) The Enterprise and its employees shall respect local laws and
regulations in any State or territory in which the Enterprise or its employees
may do business or otherwise act.
(d) States Parties shall
ensure that the Enterprise enjoys all rights, privileges and immunities
accorded by them to entities conducting commercial activities in their
territories. These rights, privileges and immunities shall be accorded to the
Enterprise on no less favourable a basis than that on which they are accorded
to entities engaged in similar commercial activities. If special privileges are
provided by States Parties for developing States or their commercial entities,
the Enterprise shall enjoy those privileges on a similarly preferential basis.
(e) States Parties may
provide special incentives, rights, privileges and immunities to the Enterprise
without the obligation to provide such incentives, rights, privileges and
immunities to other commercial entities.
5. The Enterprise shall
negotiate with the host countries in which its offices and facilities are
located for exemption from direct and indirect taxation.
6. Each State Party
shall take such action as is necessary for giving effect in terms of its own
law to the principles set forth in this Annex and shall inform the Enterprise
of the specific action which it has taken.
7. The Enterprise may
waive any of the privileges and immunities conferred under this article or in
the special agreements referred to in paragraph 1 to such extent and upon such
conditions as it may determine.
ANNEX V.
CONCILIATION
SECTION 1. CONCILIATION
PROCEDURE PURSUANT TO SECTION 1 OF PART XV
Article 1: Institution
of proceedings
If the parties to a
dispute have agreed, in accordance with article 284, to submit it to
conciliation under this section, any such party may institute the proceedings
by written notification addressed to the other party or parties to the dispute.
Article 2: List of
conciliators
A list of conciliators
shall be drawn up and maintained by the Secretary-General of the United
Nations. Every State Party shall be entitled to 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. If at any time the conciliators nominated by a State Party
in the list so constituted shall be fewer than four, that State Party shall be
entitled to make further nominations as necessary.
The name of a
conciliator shall remain on the list until withdrawn by the State Party which
made the nomination, provided that such conciliator shall continue to serve on
any conciliation commission to which that conciliator has been appointed until
the completion of the proceedings before that commission.
Article 3: Constitution
of conciliation commission
The conciliation
commission shall, unless the parties otherwise agree, be constituted as
follows:
(a) Subject to
subparagraph (g), the conciliation commission shall consist of five members.
(b) The party
instituting the proceedings shall appoint two conciliators to be chosen
preferably from the list referred to in article 2 of this Annex, one of whom
may be its national, unless the parties otherwise agree. Such appointments
shall be included in the notification referred to in article 1 of this Annex.
(c) The other party to
the dispute shall appoint two conciliators in the manner set forth in
subparagraph (b) within 21 days of receipt of the notification referred to in
article 1 of this Annex. If the appointments are not made within that period,
the party instituting the proceedings may, within one week of the expiration of
that period, either terminate the proceedings by notification addressed to the
other party or request the Secretary-General of the United Nations to make the
appointments in accordance with subparagraph (e).
(d) Within 30 days after
all four conciliators have been appointed, they shall appoint a fifth
conciliator chosen from the list referred to in article 2 of this Annex, who
shall be chairman. If the appointment is not made within that period, either
party may, within one week of the expiration of that period, request the
Secretary-General of the United Nations to make the appointment in accordance
with subparagraph (e).
(e) Within 30 days of
the receipt of a request under subparagraph (c) or (d), the Secretary-General
of the United Nations shall make the necessary appointments from the list
referred to in article 2 of this Annex in consultation with the parties to the
dispute.
(f) Any vacancy shall be
filled in the manner prescribed for the initial appointment.
(g) Two or more parties
which determine by agreement that they are in the same interest shall appoint
two conciliators jointly. Where two or more parties have separate interests or
there is a disagreement as to whether they are of the same interest, they shall
appoint conciliators separately.
(h) In disputes
involving more than two parties having separate interests, or where there is
disagreement as to whether they are of the same interest, the parties shall
apply subparagraphs (a) to (f) in so far as possible.
Article 4: Procedure
The conciliation
commission shall, unless the parties otherwise agree, determine its own procedure.
The commission may, with the consent of the parties to the dispute, invite any
State Party to submit to it its views orally or in writing. Decisions of the
commission regarding procedural matters, the report and recommendations shall
be made by a majority vote of its members.
Article 5: Amicable
settlement
The commission may draw
the attention of the parties to any measures which might facilitate an amicable
settlement of the dispute.
Article 6: Functions of
the commission
The commission shall
hear the parties, examine their claims and objections, and make proposals to
the parties with a view to reaching an amicable settlement.
Article 7: Report
1. The commission shall
report within 12 months of its constitution. Its report shall record any
agreements reached and, failing agreement, its conclusions on all questions of
fact or law relevant to the matter in dispute and such recommendations as the
commission may deem appropriate for an amicable settlement. The report shall be
deposited with the Secretary-General of the United Nations and shall
immediately be transmitted by him to the parties to the dispute.
2. The report of the
commission, including its conclusions or recommendations, shall not be binding
upon the parties.
Article 8: Termination
The conciliation
proceedings are terminated when a settlement has been reached, when the parties
have accepted or one party has rejected the recommendations of the report by
written notification addressed to the Secretary-General of the United Nations,
or when a period of three months has expired from the date of transmission of
the report to the parties.
Article 9: Fees and
expenses
The fees and expenses of
the commission shall be borne by the parties to the dispute.
Article 10: Right of
parties to modify procedure
The parties to the
dispute may by agreement applicable solely to that dispute modify any provision
of this Annex.
SECTION 2. COMPULSORY
SUBMISSION TO CONCILIATION PROCEDURE PURSUANT TO SECTION 3 OF PART XV
Article 11: Institution
of proceedings
1. Any party to a
dispute which, in accordance with Part XV, section 3, may be submitted to
conciliation under this section, may institute the proceedings by written
notification addressed to the other party or parties to the dispute.
2. Any party to the
dispute, notified under paragraph 1, shall be obliged to submit to such
proceedings.
Article 12: Failure to
reply or to submit to conciliation
The failure of a party
or parties to the dispute to reply to notification of institution of
proceedings or to submit to such proceedings shall not constitute a bar to the
proceedings.
Article 13: Competence
A disagreement as to
whether a conciliation commission acting under this section has competence
shall be decided by the commission.
Article 14: Application
of section 1
Articles 2 to 10 of
section l of this Annex apply subject to this section.
ANNEX VI.
STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
Article 1: General
provisions
1. The International
Tribunal for the Law of the Sea is constituted and shall function in accordance
with the provisions of this Convention and this Statute.
2. The seat of the
Tribunal shall be in the Free and Hanseatic City of Hamburg in the Federal
Republic of Germany.
3. The Tribunal may sit
and exercise its functions elsewhere whenever it considers this desirable.
4. A reference of a
dispute to the Tribunal shall be governed by the provisions of Parts XI and XV.
SECTION 1. ORGANIZATION
OF THE TRIBUNAL
Article 2: Composition
1. The Tribunal shall be
composed of a body of 21 independent members, elected from among persons
enjoying the highest reputation for fairness and integrity and of recognized
competence in the field of the law of the sea.
2. In the Tribunal as a
whole the representation of the principal legal systems of the world and
equitable geographical distribution shall be assured.
Article 3 Membership
1. No two members of the
Tribunal may be nationals of the same State. 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.
2. There shall be no
fewer than three members from each geographical group as established by the
General Assembly of the United Nations.
Article 4: Nominations
and elections
1. Each State Party may
nominate not more than two persons having the qualifications prescribed in
article 2 of this Annex. The members of the Tribunal shall be elected from the
list of persons thus nominated.
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 States Parties
to submit their nominations for members of the Tribunal within two months. He
shall prepare a list in alphabetical order of all the persons thus nominated,
with an indication of the States Parties which have nominated them, and shall
submit it to the States Parties before the seventh day of the last month before
the date of each election.
3. The first election
shall be held within six months of the date of entry into force of this
Convention.
4. The members of the
Tribunal shall be elected by secret ballot. Elections shall be held at a
meeting of the States Parties convened by the Secretary-General of the United
Nations in the case of the first election and by a procedure agreed to by the
States Parties in the case of subsequent elections. Two thirds of the States Parties
shall constitute a quorum at that meeting. The persons elected to the Tribunal
shall be those nominees who obtain the largest number of votes and a two-thirds
majority of the States Parties present and voting, provided that such majority
includes a majority of the States Parties.
Article 5: Term of
office
1. The members of the
Tribunal shall be elected for nine years and may be re-elected; provided,
however, that of the members elected at the first election, the terms of seven
members shall expire at the end of three years and the terms of seven 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.
3. The members of the
Tribunal shall continue to discharge their duties until their places have been
filled. Though replaced, they shall finish any proceedings which they may have
begun before the date of their replacement.
4. In the case of the
resignation of a member of the Tribunal, the letter of resignation shall be
addressed to the President of the Tribunal. The place becomes vacant on the
receipt of that letter.
Article 6: Vacancies
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 of this Annex, and the date of the election shall be fixed by the
President of the Tribunal after consultation with the States Parties.
2. A member of the
Tribunal elected to replace a member whose term of office has not expired shall
hold office for the remainder of his predecessor's term.
Article 7: Incompatible
activities
1. No member of the
Tribunal may exercise any political or administrative function, or associate
actively with or be financially interested in any of the operations of any
enterprise concerned with the exploration for or exploitation of the resources
of the sea or the seabed or other commercial use of the sea or the seabed.
2. No member of the
Tribunal may act as agent, counsel or advocate in any case.
3. Any doubt on these
points shall be resolved by decision of the majority of the other members of
the Tribunal present.
Article 8: Conditions
relating to participation of members in a particular case
1. No member of the
Tribunal may participate in the decision of any case in which he has previously
taken part as agent, counsel or advocate for one of the parties, or as a member
of a national or international court or tribunal, or in any other capacity.
2. If, for some special
reason, a member of the Tribunal considers that he should not take part in the
decision of a particular case, he shall so inform the President of the
Tribunal.
3. If the President
considers that for some special reason one of the members of the Tribunal
should not sit in a particular case, he shall give him notice accordingly.
4. Any doubt on these
points shall be resolved by decision of the majority of the other members of
the Tribunal present.
Article 9: Consequence
of ceasing to fulfil required conditions
If, in the unanimous
opinion of the other members of the Tribunal, a member has ceased to fulfil the
required conditions, the President of the Tribunal shall declare the seat
vacant.
Article 10: Privileges
and immunities
The members of the
Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic
privileges and immunities.
Article 11: Solemn
declaration by members
Every member of the
Tribunal shall, before taking up his duties, make a solemn declaration in open
session that he will exercise his powers impartially and conscientiously.
Article 12: President,
Vice-President and Registrar
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.
3. The President and the
Registrar shall reside at the seat of the Tribunal.
Article 13: Quorum
1. All available members
of the Tribunal shall sit; a quorum of 11 elected members shall be required to
constitute the Tribunal.
2. Subject to article 17
of this Annex, the Tribunal shall determine which members are available to
constitute the Tribunal for the consideration of a particular dispute, having
regard to the effective functioning of the chambers as provided for in articles
14 and 15 of this Annex.
3. All disputes and
applications submitted to the Tribunal shall be heard and determined by the
Tribunal, unless article 14 of this Annex applies, or the parties request that
it shall be dealt with in accordance with article 15 of this Annex.
Article 14: Seabed
Disputes Chamber
A Seabed Disputes
Chamber shall be established in accordance with the provisions of section 4 of
this Annex. Its jurisdiction, powers and functions shall be as provided for in
Part XI, section 5.
Article 15: Special
chambers
1. The Tribunal may form
such chambers, composed of three or more of its elected members, as it
considers necessary for dealing with particular categories of disputes.
2. The Tribunal shall
form a chamber for dealing with a particular dispute submitted to it if the
parties so request. The composition of such a chamber shall be determined by
the Tribunal with the approval of the parties.
3. With a view to the
speedy dispatch of business, the Tribunal shall form annually a chamber
composed of five of its elected members which may hear and determine disputes
by summary procedure. Two alternative members shall be selected for the purpose
of replacing members who are unable to participate in a particular proceeding.
4. Disputes shall be
heard and determined by the chambers provided for in this article if the
parties so request.
5. A judgment given by
any of the chambers provided for in this article and in article 14 of this
Annex shall be considered as rendered by the Tribunal.
Article 16: Rules of the
Tribunal
The Tribunal shall frame
rules for carrying out its functions. In particular it shall lay down rules of
procedure.
Article 17: Nationality
of members
1. Members of the
Tribunal of the nationality of any of the parties to a dispute shall retain
their right to participate as members of the Tribunal.
2. If the Tribunal, when
hearing a dispute, includes upon the bench a member of the nationality of one
of the parties, any other party may choose a person to participate as a member
of the Tribunal.
3. If the Tribunal, when
hearing a dispute, does not include upon the bench a member of the nationality
of the parties, each of those parties may choose a person to participate as a
member of the Tribunal.
4. This article applies
to the chambers referred to in articles 14 and 15 of this Annex. In such cases,
the President, in consultation with the parties, shall request specified
members of the Tribunal forming the chamber, as many as necessary, 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 considered as one party only.
Any doubt on this point
shall be settled by the decision of the Tribunal.
6. Members chosen in
accordance with paragraphs 2, 3 and 4 shall fulfil the conditions required by
articles 2, 8 and 11 of this Annex. They shall participate in the decision on
terms of complete equality with their colleagues.
Article 18: Remuneration
of members
1. Each elected member
of the Tribunal shall receive an annual allowance and, for each day on which he
exercises his functions, a special allowance, provided that in any year the
total sum payable to any member as special allowance shall not exceed the
amount of the annual allowance.
2. The President shall
receive a special annual allowance.
3. The Vice-President
shall receive a special allowance for each day on which he acts as President.
4. The members chosen
under article 17 of this Annex, other than elected members of the Tribunal,
shall receive compensation for each day on which they exercise their functions.
5. The salaries,
allowances and compensation shall be determined from time to time at meetings
of the States Parties, taking into account the workload of the Tribunal. They
may not be decreased during the term of office.
6. The salary of the
Registrar shall be determined at meetings of the States Parties, on the
proposal of the Tribunal.
7. Regulations adopted
at meetings of the States Parties shall determine the conditions under which
retirement pensions may be given to members of the Tribunal and to the
Registrar, and the conditions under which members of the Tribunal and Registrar
shall have their travelling expenses refunded.
8. The salaries,
allowances, and compensation shall be free of all taxation.
Article 19: Expenses of
the Tribunal
1. The expenses of the
Tribunal shall be borne by the States Parties and by the Authority on such
terms and in such a manner as shall be decided at meetings of the States
Parties.
2. When an entity other
than a State Party or the Authority is a party to a case submitted to it, the
Tribunal shall fix the amount which that party is to contribute towards the
expenses of the Tribunal.
SECTION 2. COMPETENCE
Article 20: Access to
the Tribunal
1. The Tribunal shall be
open to States Parties.
2. The Tribunal shall be
open to entities other than States Parties in any case expressly provided for
in Part XI or in any case submitted pursuant to any other agreement conferring
jurisdiction on the Tribunal which is accepted by all the parties to that case.
Article 21: Jurisdiction
The jurisdiction of the
Tribunal comprises all disputes and all applications submitted to it in
accordance with this Convention and all matters specifically provided for in
any other agreement which confers jurisdiction on the Tribunal.
Article 22: Reference of
disputes subject to other agreements
If all the parties to a
treaty or convention already in force and concerning the subject-matter covered
by this Convention so agree, any disputes concerning the interpretation or
application of such treaty or convention may, in accordance with such
agreement, be submitted to the Tribunal.
Article 23: Applicable
law
The Tribunal shall
decide all disputes and applications in accordance with article 293.
SECTION 3. PROCEDURE
Article 24: Institution
of proceedings
1. Disputes are
submitted to the Tribunal, as the case may be, either by notification of a
special agreement or by written application, addressed to the Registrar. In
either case, the subject of the dispute and the parties shall be indicated.
2. The Registrar shall
forthwith notify the special agreement or the application to all concerned.
3. The Registrar shall
also notify all States Parties.
Article 25: Provisional
measures
1. In accordance with
article 290, the Tribunal and its Seabed Disputes Chamber shall have the power
to prescribe provisional measures.
2. If the Tribunal is
not in session or a sufficient number of members is not available to constitute
a quorum, the provisional measures shall be prescribed by the chamber of
summary procedure formed under article 15, paragraph 3, of this Annex. Notwithstanding
article 15, paragraph 4, of this Annex, such provisional measures may be
adopted at the request of any party to the dispute. They shall be subject to
review and revision by the Tribunal.
Article 26: Hearing
1. The hearing shall be
under the control of the President or, if he is unable to preside, of the
Vice-President. If neither is able to preside, the senior judge present of the
Tribunal shall preside.
2. The hearing shall be
public, unless the Tribunal decides otherwise or unless the parties demand that
the public be not admitted.
Article 27: Conduct of
case
The Tribunal shall make
orders for the conduct of the case, decide the form and time in which each
party must conclude its arguments, and make all arrangements connected with the
taking of evidence.
Article 28: Default
When one of the parties
does not appear before the Tribunal or fails to defend its case, the other
party may request the Tribunal to continue the proceedings and make its
decision. Absence of a party or failure of a party to defend its case shall not
constitute a bar to the proceedings. Before making its decision, the 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.
Article 29: Majority for
decision
1. All questions shall
be decided by a majority of the members of the Tribunal who are present.
2. In the event of an
equality of votes, the President or the member of the Tribunal who acts in his
place shall have a casting vote.
Article 30: Judgment
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 to deliver a separate opinion.
4. The judgment shall be
signed by the President and by the Registrar.
It shall be read in open
court, due notice having been given to the parties to the dispute.
Article 3l: Request to
intervene
1. Should a State Party
consider that it has an interest of a legal nature which may be affected by the
decision in any dispute, 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.
3. If a request to
intervene is granted, the decision of the Tribunal in respect of the dispute
shall be binding upon the intervening State Party in so far as it relates to
matters in respect of which that State Party intervened.
Article 32: Right to
intervene in cases of interpretation or application
1. Whenever the
interpretation or application of this Convention is in question, the Registrar
shall notify all States Parties forthwith.
2. Whenever pursuant to
article 21 or 22 of this Annex the interpretation or application of an
international agreement is in question, the Registrar shall notify all the
parties to the agreement.
3. Every party referred
to in paragraphs 1 and 2 has the right to intervene in the proceedings; if it
uses this right, the interpretation given by the judgment will be equally
binding upon it.
Article 33: Finality and
binding force of decisions
1. The decision of the
Tribunal is final and shall be complied with by all the parties to the dispute.
2. The decision shall
have no binding force except between the parties in respect of that particular
dispute.
3. In the event of
dispute as to the meaning or scope of the decision, the Tribunal shall construe
it upon the request of any party.
Article 34: Costs
Unless otherwise decided
by the Tribunal, each party shall bear its own costs.
SECTION 4. SEABED
DISPUTES CHAMBER
Article 35: Composition
1. The Seabed Disputes
Chamber referred to in article 14 of this Annex shall be composed of 11
members, selected by a majority of the elected members of the Tribunal from
among them.
2. In the selection of
the members of the Chamber, the representation of the principal legal systems
of the world and equitable geographical distribution shall be assured. The
Assembly of the Authority may adopt recommendations of a general nature
relating to such representation and distribution.
3. The members of the
Chamber shall be selected every three years and may be selected for a second
term.
4. The Chamber shall
elect its President from among its members, who shall serve for the term for
which the Chamber has been selected.
5. If any proceedings
are still pending at the end of any three-year period for which the Chamber has
been selected, the Chamber shall complete the proceedings in its original composition.
6. If a vacancy occurs
in the Chamber, the Tribunal shall select a successor from among its elected
members, who shall hold office for the remainder of his predecessor's term.
7. A quorum of seven of
the members selected by the Tribunal shall be required to constitute the
Chamber.
Article 36: Ad hoc
chambers
1. The Seabed Disputes
Chamber shall form an ad hoc chamber, composed of three of its members, for
dealing with a particular dispute submitted to it in accordance with article
188, paragraph 1(b). The composition of such a chamber shall be determined by
the Seabed Disputes Chamber with the approval of the parties.
2. If the parties do not
agree on the composition of an ad hoc chamber, each party to the dispute shall
appoint one member, and the third member shall be appointed by them in
agreement. If they disagree, or if any party fails to make an appointment, the
President of the Seabed Disputes Chamber shall promptly make the appointment or
appointments from among its members, after consultation with the parties.
3. Members of the ad hoc
chamber must not be in the service of, or nationals of, any of the parties to
the dispute.
Article 37: Access
The Chamber shall be
open to the States Parties, the Authority and the other entities referred to in
Part XI, section 5.
Article 38: Applicable
law
In addition to the
provisions of article 293, the Chamber shall apply:
(a) the rules,
regulations and procedures of the Authority adopted in accordance with this
Convention; and
(b) the terms of
contracts concerning activities in the Area in matters relating to those
contracts.
Article 39: Enforcement
of decisions of the Chamber
The decisions of the
Chamber shall be enforceable in the territories of the States Parties in the
same manner as judgments or orders of the highest court of the State Party in
whose territory the enforcement is sought.
Article 40:
Applicability of other sections of this Annex
1. The other sections of
this Annex which are not incompatible with this section apply to the Chamber.
2. In the exercise of
its functions relating to advisory opinions, the Chamber shall be guided by the
provisions of this Annex relating to procedure before the Tribunal to the
extent to which it recognizes them to be applicable.
SECTION 5. AMENDMENTS
Article 4l: Amendments
1. Amendments to this
Annex, other than amendments to section 4, may be adopted only in accordance
with article 313 or by consensus at a conference convened in accordance with
this Convention.
2. Amendments to section
4 may be adopted only in accordance with article 314.
3. The Tribunal may
propose such amendments to this Statute as it may consider necessary, by
written communications to the States Parties for their consideration in
conformity with paragraphs 1 and 2.
ANNEX VII.
ARBITRATION
Article 1: Institution
of proceedings
Subject to the
provisions of Part XV, any party to a dispute may submit the dispute to the
arbitral procedure provided for in this Annex by written notification addressed
to the other party or parties to the dispute. The notification shall be
accompanied by a statement of the claim and the grounds on which it is based.
Article 2: List of
arbitrators
l. A list of arbitrators
shall be drawn up and maintained by the Secretary-General of the United
Nations. Every State Party shall be entitled to nominate four arbitrators, each
of whom shall be a person experienced in maritime affairs and enjoying the
highest reputation for fairness, competence and integrity. The names of the
persons so nominated shall constitute the list.
2. If at any time the
arbitrators nominated by a State Party in the list so constituted shall be
fewer than four, that State Party shall be entitled to make further nominations
as necessary.
3. The name of an
arbitrator shall remain on the list until withdrawn by the State Party which
made the nomination, provided that such arbitrator shall continue to serve on
any arbitral tribunal to which that arbitrator has been appointed until the
completion of the proceedings before that arbitral tribunal.
Article 3: Constitution
of arbitral tribunal
For the purpose of
proceedings under this Annex, the arbitral tribunal shall, unless the parties
otherwise agree, be constituted as follows:
(a) Subject to
subparagraph (g), the arbitral tribunal shall consist of five members.
(b) The party
instituting the proceedings shall appoint one member to be chosen preferably
from the list referred to in article 2 of this Annex, who may be its national.
The appointment shall be included in the notification referred to in article l
of this Annex.
(c) The other party to
the dispute shall, within 30 days of receipt of the notification referred to in
article l of this Annex, appoint one member to be chosen preferably from the
list, who may be its national. If the appointment is not made within that
period, the party instituting the proceedings may, within two weeks of the
expiration of that period, request that the appointment be made in accordance
with subparagraph (e).
(d) The other three
members shall be appointed by agreement between the parties. They shall be
chosen preferably from the list and shall be nationals of third States unless
the parties otherwise agree. The parties to the dispute shall appoint the
President of the arbitral tribunal from among those three members. If, within
60 days of receipt of the notification referred to in article l of this Annex,
the parties are unable to reach agreement on the appointment of one or more of
the members of the tribunal to be appointed by agreement, or on the appointment
of the President, the remaining appointment or appointments shall be made in
accordance with subparagraph (e), at the request of a party to the dispute.
Such request shall be made within two weeks of the expiration of the
aforementioned 60-day period.
(e) Unless the parties
agree that any appointment under subparagraphs (c) and (d) be made by a person
or a third State chosen by the parties, the President of the International
Tribunal for the Law of the Sea shall make the necessary appointments. If the
President is unable to act under this subparagraph or is a national of one of
the parties to the dispute, the appointment shall be made by the next senior
member of the International Tribunal for the Law of the Sea who is available
and is not a national of one of the parties.
The appointments
referred to in this subparagraph shall be made from the list referred to in
article 2 of this Annex within a period of 30 days of the receipt of the
request and in consultation with the parties. The members so appointed shall be
of different nationalities and may not be in the service of, ordinarily
resident in the territory of, or nationals of, any of the parties to the
dispute.
(f) Any vacancy shall be
filled in the manner prescribed for the initial appointment.
(g) Parties in the same
interest shall appoint one member of the tribunal jointly by agreement. Where
there are several parties having separate interests or where there is
disagreement as to whether they are of the same interest, each of them shall
appoint one member of the tribunal. 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 jointly by the parties.
(h) In disputes
involving more than two parties, the provisions of subparagraphs (a) to (f)
shall apply to the maximum extent possible.
Article 4: Functions of
arbitral tribunal
An arbitral tribunal
constituted under article 3 of this Annex shall function in accordance with
this Annex and the other provisions of this Convention.
Article 5: Procedure
Unless the parties to
the dispute otherwise agree, the arbitral tribunal shall determine its own
procedure, assuring to each party a full opportunity to be heard and to present
its case.
Article 6: Duties of
parties to a dispute
The parties to the
dispute shall facilitate the work of the arbitral tribunal and, in particular,
in accordance with their law and using all means at their disposal, shall:
(a) provide it with all
relevant documents, facilities and information; and
(b) enable it when
necessary to call witnesses or experts and receive their evidence and to visit
the localities to which the case relates.
Article 7: Expenses
Unless the arbitral
tribunal decides otherwise because of the particular circumstances of the case,
the expenses of the tribunal, including the remuneration of its members, shall
be borne by the parties to the dispute in equal shares.
Article 8: Required
majority for decisions
Decisions of the
arbitral tribunal shall be taken by a majority vote of its members. The absence
or abstention of less than half of the members shall not constitute a bar to
the tribunal reaching a decision. In the event of an equality of votes, the
President shall have a casting vote.
Article 9: Default of
appearance
If one of the parties to
the dispute does not appear before the arbitral tribunal or fails to defend its
case, the other party may request the tribunal to continue the proceedings and
to make its award. Absence of a party or failure of a party to defend its case
shall not constitute a bar to the proceedings. Before making its award, the
arbitral 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.
Article 10: Award
The award of the
arbitral tribunal shall be confined to the subject-matter of the dispute and
state the reasons on which it is based. It shall contain the names of the
members who have participated and the date of the award. Any member of the
tribunal may attach a separate or dissenting opinion to the award.
Article 11: Finality of
award
The award shall be final
and without appeal, unless the parties to the dispute have agreed in advance to
an appellate procedure. It shall be complied with by the parties to the
dispute.
Article 12: Interpretation
or implementation of award
1. Any controversy which
may arise between the parties to the dispute as regards the interpretation or
manner of implementation of the award may be submitted by either party for
decision to the arbitral tribunal which made the award. For this purpose, any
vacancy in the tribunal shall be filled in the manner provided for in the
original appointments of the members of the tribunal.
2. Any such controversy
may be submitted to another court or tribunal under article 287 by agreement of
all the parties to the dispute.
Article 13: Application
to entities other than States Parties
The provisions of this
Annex shall apply mutatis mutandis to any dispute involving entities other than
States Parties.
ANNEX VIII.
SPECIAL ARBITRATION
Article 1: Institution
of proceedings
Subject to Part XV, any
party to a dispute concerning the interpretation or application of the articles
of this Convention relating to (1) fisheries, (2) protection and preservation
of the marine environment, (3) marine scientific research, or (4) navigation,
including pollution from vessels and by dumping, may submit the dispute to the
special arbitral procedure provided for in this Annex by written notification
addressed to the other party or parties to the dispute. The notification shall
be accompanied by a statement of the claim and the grounds on which it is
based.
Article 2: Lists of
experts
1. A list of experts
shall be established and maintained in respect of each of the fields of (1)
fisheries, (2) protection and preservation of the marine environment, (3)
marine scientific research, and (4) navigation, including pollution from
vessels and by dumping.
2. The lists of experts
shall be drawn up and maintained, in the field of fisheries by the Food and
Agriculture Organization of the United Nations, in the field of protection and
preservation of the marine environment by the United Nations Environment
Programme, in the field of marine scientific research by the Intergovernmental
Oceanographic Commission, in the field of navigation, including pollution from
vessels and by dumping, by the International Maritime Organization, or in each
case by the appropriate subsidiary body concerned to which such organization,
programme or commission has delegated this function.
3. Every State Party
shall be entitled to nominate two experts in each field whose competence in the
legal, scientific or technical aspects of such field is established and
generally recognized and who enjoy the highest reputation for fairness and
integrity. The names of the persons so nominated in each field shall constitute
the appropriate list.
4. If at any time the
experts nominated by a State Party in the list so constituted shall be fewer
than two, that State Party shall be entitled to make further nominations as
necessary.
5. The name of an expert
shall remain on the list until withdrawn by the State Party which made the
nomination, provided that such expert shall continue to serve on any special
arbitral tribunal to which that expert has been appointed until the completion
of the proceedings before that special arbitral tribunal.
Article 3: Constitution
of special arbitral tribunal
For the purpose of
proceedings under this Annex, the special arbitral tribunal shall, unless the
parties otherwise agree, be constituted as follows: (a) Subject to subparagraph
(g), the special arbitral tribunal shall consist of five members.
(b) The party
instituting the proceedings shall appoint two members to
be chosen preferably
from the appropriate list or lists referred to in article 2 of this Annex
relating to the matters in dispute, one of whom may be its national. The
appointments shall be included in the notification referred to in article 1 of
this Annex.
(c) The other party to
the dispute shall, within 30 days of receipt of the notification referred to in
article 1 of this Annex, appoint two members to be chosen preferably from the
appropriate list or lists relating to the matters in dispute, one of whom may
be its national.
If the appointments are
not made within that period, the party instituting the proceedings may, within
two weeks of the expiration of that period, request that the appointments be
made in accordance with subparagraph (e).
(d) The parties to the
dispute shall by agreement appoint the President of the special arbitral
tribunal, chosen preferably from the
appropriate list, who
shall be a national of a third State, unless the parties otherwise agree. If,
within 30 days of receipt of the notification referred to in article l of this
Annex, the parties are unable to reach agreement on the appointment of the
President, the appointment shall be made in accordance with subparagraph (e),
at the request of a party to the dispute. Such request shall be made within two
weeks of the expiration of the aforementioned 30-day period.
(e) Unless the parties
agree that the appointment be made by a person or a third State chosen by the
parties, the Secretary-General of the United Nations shall make the necessary
appointments within 30 days of receipt of a request under subparagraphs (c) and
(d). The appointments referred to in this subparagraph shall be made from the
appropriate list or lists of experts referred to in article 2 of this Annex and
in consultation with the parties to the dispute and the appropriate international
organization. The members so appointed shall be of different nationalities and
may not be in the service of, ordinarily resident in the territory of, or
nationals of, any of the parties to the dispute.
(f) Any vacancy shall be
filled in the manner prescribed for the initial appointment.
(g) Parties in the same
interest shall appoint two members of the tribunal jointly by agreement. Where
there are several parties having separate interests or where there is
disagreement as to whether they are of the same interest, each of them shall
appoint one member of the tribunal.
(h) In disputes
involving more than two parties, the provisions of subparagraphs (a) to (f)
shall apply to the maximum extent possible.
Article 4: General
provisions
Annex VII, articles 4 to
13, apply mutatis mutandis to the special arbitration proceedings in accordance
with this Annex.
Article 5: Fact finding
1. The parties to a
dispute concerning the interpretation or application of the provisions of this
Convention relating to (l) fisheries, (2) protection and preservation of the
marine environment, (3) marine scientific research, or
(4) navigation,
including pollution from vessels and by dumping, may at any time agree to
request a special arbitral tribunal constituted in accordance with article 3 of
this Annex to carry out an inquiry and establish the facts giving rise to the
dispute.
2. Unless the parties
otherwise agree, the findings of fact of the special arbitral tribunal acting
in accordance with paragraph 1, shall be considered as conclusive as between
the parties.
3. If all the parties to
the dispute so request, the special arbitral tribunal may formulate
recommendations which, without having the force of a decision, shall only
constitute the basis for a review by the parties of the questions giving rise
to the dispute.
4. Subject to paragraph
2, the special arbitral tribunal shall act in accordance with the provisions of
this Annex, unless the parties otherwise agree.
ANNEX IX.
PARTICIPATION BY INTERNATIONAL ORGANIZATIONS
Article 1: Use of terms
For the purposes of
article 305 and of this Annex, "international organization" means an
intergovernmental organization constituted by States to which its member States
have transferred competence over matters governed by this Convention, including
the competence to enter into treaties in respect of those matters.
Article 2: Signature
An international
organization may sign this Convention if a majority of its member States are
signatories of this Convention. At the time of signature an international
organization shall make a declaration specifying the matters governed by this
Convention in respect of which competence has been transferred to that
organization by its member States which are signatories, and the nature and
extent of that competence.
Article 3: Formal
confirmation and accession
1. An international
organization may deposit its instrument of formal confirmation or of accession
if a majority of its member States deposit or have deposited their instruments
of ratification or accession.
2. The instruments
deposited by the international organization shall contain the undertakings and
declarations required by articles 4 and 5 of this Annex.
Article 4: Extent of
participation and rights and obligations
1. The instrument of
formal confirmation or of accession of an international organization shall
contain an undertaking to accept the rights and obligations of States under
this Convention in respect of matters relating to which competence has been
transferred to it by its member States which are Parties to this Convention.
2. An international
organization shall be a Party to this Convention to the extent that it has
competence in accordance with the declarations, communications of information
or notifications referred to in article 5 of this Annex.
3. Such an international
organization shall exercise the rights and perform the obligations which its
member States which are Parties would otherwise have under this Convention, on
matters relating to which competence has been transferred to it by those member
States. The member States of that international organization shall not exercise
competence which they have transferred to it.
4. Participation of such
an international organization shall in no case entail an increase of the
representation to which its member States which are States Parties would
otherwise be entitled, including rights in decision-making.
5. Participation of such
an international organization shall in no case confer any rights under this
Convention on member States of the organization which are not States Parties to
this Convention.
6. In the event of a
conflict between the obligations of an international organization under this
Convention and its obligations under the agreement establishing the
organization or any acts relating to it, the obligations under this Convention
shall prevail.
Article 5: Declarations,
notifications and communications
1. The instrument of
formal confirmation or of accession of an international organization shall
contain a declaration specifying the matters governed by this Convention in
respect of which competence has been transferred to the organization by its
member States which are Parties to this Convention.
2. A member State of an
international organization shall, at the time it ratifies or accedes to this
Convention or at the time when the organization deposits its instrument of
formal confirmation or of accession, whichever is later, make a declaration
specifying the matters governed by this Convention in respect of which it has
transferred competence to the organization.
3. States Parties which
are member States of an international organization which is a Party to this
Convention shall be presumed to have competence over all matters governed by
this Convention in respect of which transfers of competence to the organization
have not been specifically declared, notified or communicated by those States
under this article.
4. The international
organization and its member States which are States Parties shall promptly
notify the depositary of this Convention of any changes to the distribution of
competence, including new transfers of competence, specified in the
declarations under paragraphs 1 and 2.
5. Any State Party may
request an international organization and its member States which are States
Parties to provide information as to which, as between the organization and its
member States, has competence in respect of any specific question which has
arisen. The organization and the member States concerned shall provide this
information within a reasonable time. The international organization and the
member States may also, on their own initiative, provide this information.
6. Declarations,
notifications and communications of information under this article shall
specify the nature and extent of the competence transferred.
Article 6:
Responsibility and liability
1. Parties which have
competence under article 5 of this Annex shall have responsibility for failure
to comply with obligations or for any other violation of this Convention.
2. Any State Party may
request an international organization or its member States which are States
Parties for information as to who has responsibility in respect of any specific
matter. The organization and the member States concerned shall provide this
information. Failure to provide this information within a reasonable time or
the provision of contradictory information shall result in joint and several
liability.
Article 7: Settlement of
disputes
1. At the time of
deposit of its instrument of formal confirmation or of accession, or at any
time thereafter, an international organization shall be free to choose, by
means of a written declaration, one or more of the means for the settlement of
disputes concerning the interpretation or application of this Convention,
referred to in article 287, paragraph 1(a), (c) or (d).
2. Part XV applies
mutatis mutandis to any dispute between Parties to this Convention, one or more
of which are international organizations.
3. When an international
organization and one or more of its member States are joint parties to a
dispute, or parties in the same interest, the organization shall be deemed to
have accepted the same procedures for the settlement of disputes as the member
States; when, however, a member State has chosen only the International Court of
Justice under article 287, the organization and the member State concerned
shall be deemed to have accepted arbitration in accordance with Annex VII,
unless the parties to the dispute otherwise agree.
Article 8: Applicability
of Part XVII
Part XVII applies
mutatis mutandis to an international organization, except in respect of the
following:
(a) the instrument of
formal confirmation or of accession of an international organization shall not
be taken into account in the application of article 308, paragraph l;
(b) (i) an international
organization shall have exclusive capacity with respect to the application of
articles 312 to 315, to the extent that it has competence under article 5 of
this Annex over the entire subject-matter of the amendment;
(ii) the instrument of
formal confirmation or of accession of an international organization to an
amendment, the entire subject-matter over which the international organization
has competence under article 5 of this Annex, shall be considered to be the
instrument of ratification or accession of each of the member States which are
States Parties, for the purposes of applying article 316, paragraphs 1, 2 and
3;
(iii) the instrument of
formal confirmation or of accession of the international organization shall not
be taken into account in the application of article 316, paragraphs 1 and 2,
with regard to all other amendments;
(c) (i) an international
organization may not denounce this Convention in accordance with article 317 if
any of its member States is a State Party and if it continues to fulfil the
qualifications specified in article 1 of this Annex;
(ii) an international
organization shall denounce this Convention when none of its member States is a
State Party or if the international organization no longer fulfils the
qualifications specified in article 1 of this Annex. Such denunciation shall
take effect immediately.
FINAL ACT OF THE THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE
SEA (EXCERPTS)
Annex I . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
Resolution I . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .
Resolution II . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
Resolution III . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .
Resolution IV . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .
Annex II
Statement of understanding
concerning a specific method to be used in establishing the outer edge of the
continental margin
Annex VI
Resolution on
development of national marine science, technology and ocean service
infrastructures
ANNEX I
Resolution I
ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL
SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
The Third United Nations
Conference on the Law of the Sea, Having adopted the Convention on the Law of
the Sea which provides for the establishment of the International Seabed
Authority and the International Tribunal for the Law of the Sea, Having decided
to take all possible measures to ensure the entry into effective operation
without undue delay of the Authority and the Tribunal and to make the necessary
arrangements for the commencement of their functions, Having decided that a
Preparatory Commission should be established for the fulfilment of these
purposes,
Decides as follows:
1. There is hereby
established the Preparatory Commission for the International Seabed Authority
and for the International Tribunal for the Law of the Sea. Upon signature of or
accession to the Convention by 50 States, the Secretary-General of the United
Nations shall convene the Commission, and it shall meet no sooner than 60 days
and no later than 90 days thereafter.
2. The Commission shall
consist of the representatives of States and of Namibia, represented by the
United Nations Council for Namibia, which have signed the Convention or acceded
to it. The representatives of signatories of the Final Act may participate
fully in the deliberations of the Commission as observers but shall not be
entitled to participate in the taking of decisions.
3. The Commission shall
elect its Chairman and other officers.
4. The Rules of
Procedure of the Third United Nations Conference on the Law of the Sea shall
apply mutatis mutandis to the adoption of the rules of procedure of the
Commission.
5. The Commission shall:
(a) prepare the
provisional agenda for the first session of the Assembly and of the Council
and, as appropriate, make recommendations relating to items thereon;
(b) prepare draft rules
of procedure of the Assembly and of the Council;
(c) make recommendations
concerning the budget for the first financial period of the Authority;
(d) make recommendations
concerning the relationship between the Authority and the United Nations and
other international organizations;
(e) make recommendations
concerning the Secretariat of the Authority in accordance with the relevant
provisions of the Convention;
(f) undertake studies,
as necessary, concerning the establishment of the headquarters of the
Authority, and make recommendations relating thereto;
(g) prepare draft rules,
regulations and procedures, as necessary, to enable the Authority to commence
its functions, including draft regulations concerning the financial management
and the internal administration of the Authority;
(h) exercise the powers
and functions assigned to it by resolution II of the Third United Nations
Conference on the Law of the Sea relating to preparatory investment;
(i) undertake studies on
the problems which would be encountered by developing land-based producer
States likely to be most seriously affected by the production of minerals
derived from the Area with a view to minimizing their difficulties and helping
them to make the necessary economic adjustment, including studies on the
establishment of a compensation fund, and submit recommendations to the
Authority thereon.
6. The Commission shall
have such legal capacity as may be necessary for the exercise of its functions
and the fulfilment of its purposes as set forth in this resolution.
7. The Commission may
establish such subsidiary bodies as are necessary for the exercise of its
functions and shall determine their functions and rules of procedure. It may
also make use, as appropriate, of outside sources of expertise in accordance
with United Nations practice to facilitate the work of bodies so established.
8. The Commission shall
establish a special commission for the Enterprise and entrust to it the
functions referred to in paragraph 12 of resolution II of the Third United
Nations Conference on the Law of the Sea relating to preparatory investment.
The special commission shall take all measures necessary for the early entry
into effective operation of the Enterprise.
9. The Commission shall
establish a special commission on the problems which would be encountered by
developing land-based producer States likely to be most seriously affected by
the production of minerals derived from the Area and entrust to it the
functions referred to in paragraph 5(i).
10. The Commission shall
prepare a report containing recommendations for submission to the meeting of
the States Parties to be convened in accordance with Annex VI, article 4, of
the Convention regarding practical arrangements for the establishment of the
International Tribunal for the Law of the Sea.
11. The Commission shall
prepare a final report on all matters within its mandate, except as provided in
paragraph 10, for the presentation to the Assembly at its first session. Any
action which may be taken on the basis of the report must be in conformity with
the provisions of the Convention concerning the powers and functions entrusted
to the respective organs of the Authority.
12. The Commission shall
meet at the seat of the Authority if facilities are available; it shall meet as
often as necessary for the expeditious exercise of its functions.
13. The Commission shall
remain in existence until the conclusion of the first session of the Assembly,
at which time its property and records shall be transferred to the Authority.
14. The expenses of the
Commission shall be met from the regular budget of the United Nations, subject
to the approval of the General Assembly of the United Nations.
15. The
Secretary-General of the United Nations shall make available to the Commission
such secretariat services as may be required.
16. The
Secretary-General of the United Nations shall bring this resolution, in
particular paragraphs 14 and 15, to the attention of the General Assembly for
necessary action.
Resolution II
GOVERNING PREPARATORY INVESTMENT IN PIONEER ACTIVITIES RELATING TO
POLYMETALLIC NODULES
The Third United Nations
Conference on the Law of the Sea,
Having adopted the Convention on the Law of the Sea (the
"Convention"),
Having established by resolution I the Preparatory Commission
for the International Seabed Authority and for the International Tribunal for
the Law of the Sea (the "Commission") and directed it to prepare draft
rules, regulations and procedures, as necessary to enable the Authority to
commence its functions, as well as to make recommendations for the early entry
into effective operation of the Enterprise,
Desirous of making provision for investments by
States and other entities made in a manner compatible with the international
regime set forth in Part XI of the Convention and the Annexes relating thereto,
before the entry into force of the Convention,
Recognizing the need to ensure that the Enterprise
will be provided with the funds, technology and expertise necessary to enable
it to keep pace with the States and other entities referred to in the preceding
paragraph with respect to activities in the Area,
Decides as follows:
1. For the purposes of
this resolution:
(a) "pioneer
investor" refers to:
(i) France, India, Japan
and the Union of Soviet Socialist Republics, or a state enterprise of each of
those States or one natural or juridical person which possesses the nationality
of or is effectively controlled by each of those States, or their nationals,
provided that the State concerned signs the Convention and the State or state
enterprise or natural or juridical person has expended, before 1 January 1983,
an amount equivalent to at least $US 30 million (United States dollars
calculated in constant dollars relative to 1982) in pioneer activities and has
expended no less than 10 per cent of that amount in the location, survey and
evaluation of the area referred to in paragraph 3(a);
(ii) four entities,
whose components being natural or juridical persons 1 possess the nationality
of one or more of the following States, or are effectively controlled by one
or more of them or their nationals: Belgium, Canada, the Federal Republic
of Germany, Italy, Japan, the Netherlands, the United Kingdom of Great Britain
and Northern Ireland, and the United States of America, provided that the
certifying State or States sign the Convention and the entity concerned has
expended, before 1 January 1983, the levels of expenditure for the purpose
stated in subparagraph (i);
(iii) any developing
State which signs the Convention or any state enterprise or natural or
juridical person which possesses the nationality of such State or is
effectively controlled by it or its nationals, or any group of the foregoing,
which, before 1 January 1985, has expended the levels of expenditure for the
purpose stated in subparagraph (i);
The rights of the
pioneer investor may devolve upon its successor in interest.
(b) "pioneer
activities" means undertakings, commitments of financial and other assets,
investigations, findings, research, engineering development and other
activities relevant to the identification, discovery, and systematic analysis
and evaluation of polymetallic nodules and to the determination of the
technical and economic feasibility of exploitation. Pioneer activities include:
(i) any at-sea
observation and evaluation activity which has as its objective the
establishment and documentation of the nature, shape, concentration, location
and grade of polymetallic nodules and of the environmental, technical and other
appropriate factors which must be taken into account before exploitation;
(ii) the recovery from
the Area of polymetallic nodules with a view to the designing, fabricating and
testing of equipment which is intended to be used in the exploitation of
polymetallic nodules;
c) "certifying
State" means a State which signs the Convention, standing in the same
relation to a pioneer investor as would a sponsoring State pursuant to Annex
III, article 4, of the Convention and which certifies the levels of expenditure
specified in subparagraph (a);
(d) "polymetallic
nodules" means one of the resources of the Area consisting of any deposit
or accretion of nodules, on or just below the surface of the deep seabed, which
contain manganese, nickel, cobalt and copper;
(e) "pioneer
area" means an area allocated by the Commission to a pioneer investor for
pioneer activities pursuant to this resolution. A pioneer area shall not exceed
150,000 square kilometres. The pioneer investor shall relinquish portions of
the pioneer area to revert to the Area, in accordance with the following
schedule:
(i) 20 per cent of the
area allocated by the end of the third year from the date of the allocation;
(ii) an additional 10
per cent of the area allocated by the end of the fifth year from the date of
the allocation;
(iii) an additional 20
per cent of the area allocated or such larger amount as would exceed the
exploitation area decided upon by the Authority in its rules, regulations and
procedures, after eight years from the date of the allocation of the area or
the date of the award of a production authorization, whichever is earlier;
(f) "Area",
"Authority", "activities in the Area" and
"resources" have the meanings assigned to those terms in the
Convention.
2. As soon as the
Commission begins to function, any State which has signed the Convention may
apply to the Commission on its behalf or on behalf of any state enterprise or
entity or natural or juridical person specified in paragraph 1(a) for
registration as a pioneer investor. The Commission shall register the applicant
as a pioneer investor if the application:
(a) is accompanied, in
the case of a State which has signed the Convention, by a statement certifying
the level of expenditure made in accordance with paragraph 1(a), and, in all
other cases, a certificate concerning such level of expenditure issued by a
certifying State or States; and
(b) is in conformity
with the other provisions of this resolution, including paragraph 5.
3. (a) Every application
shall cover a total area which need not be a single continuous area,
sufficiently large and of sufficient estimated commercial value to allow two
mining operations.
The application shall
indicate the coordinates of the area defining the total area and dividing it
into two parts of equal estimated commercial value and shall contain all the
data available to the applicant with respect to both parts of the area.
Such data shall include,
inter alia, information relating to mapping, testing, the density of
polymetallic nodules and their metal content. In dealing with such data, the
Commission and its staff shall act in accordance with the relevant provisions
of the Convention and its Annexes concerning the confidentiality of data.
(b) Within 45 days of
receiving the data required by subparagraph (a), the Commission shall designate
the part of the area which is to be reserved in accordance with the Convention
for the conduct of activities in the Area by the Authority through the
Enterprise or in association with developing States. The other part of the area
shall be allocated to the pioneer investor as a pioneer area.
4. No pioneer investor
may be registered in respect of more than one pioneer area. In the case of a
pioneer investor which is made up of two or more components, none of such
components may apply to be registered as a pioneer investor in its own right or
under paragraph 1(a)(iii).
5. (a) Any State which
has signed the Convention and which is a prospective certifying State shall
ensure, before making applications to the Commission under paragraph 2, that
areas in respect of which applications are made do not overlap one another or
areas previously allocated as pioneer areas. The States concerned shall keep
the Commission currently and fully informed of any efforts to resolve conflicts
with respect to overlapping claims and of the results thereof.
(b) Certifying States
shall ensure, before the entry into force of the Convention, that pioneer
activities are conducted in a manner compatible with it.
(c) The prospective
certifying States, including all potential claimants, shall resolve their
conflicts as required under subparagraph (a) by negotiations within a
reasonable period. If such conflicts have not been resolved by 1 March 1983,
the prospective certifying States shall arrange for the submission of all such
claims to binding arbitration in accordance with UNCITRAL Arbitration Rules to
commence not later than 1 May 1983 and to be completed by 1 December 1984. If
one of the States concerned does not wish to participate in the arbitration, it
shall arrange for a juridical person of its nationality to represent it in the
arbitration. The arbitral tribunal may, for good cause, extend the deadline for
the making of the award for one or more 30-day periods.
(d) In determining the
issue as to which applicant involved in a conflict shall be awarded all or part
of each area in conflict, the arbitral tribunal shall find a solution which is
fair and equitable, having regard, with respect to each applicant involved in
the conflict, to the following factors:
(i) the deposit of the
list of relevant coordinates with the prospective certifying State or States
not later than the date of adoption of the Final Act or 1 January 1983, whichever
is earlier;
(ii) the continuity and
extent of past activities relevant to each area in conflict and to the
application area of which it is a part;
(iii) the date on which
each pioneer investor concerned or predecessor in interest or component
organization thereof commenced activities at sea in the application area;
(iv) the financial cost
of activities measured in constant United States dollars relevant to each area
in conflict and to the application area of which it is a part; and
(v) the time when those
activities were carried out and the quality of activities.
6. A pioneer investor
registered pursuant to this resolution shall, from the date of registration,
have the exclusive right to carry out pioneer activities in the pioneer area
allocated to it.
7. (a) Every applicant
for registration as a pioneer investor shall pay to the Commission a fee of $US
250,000. When the pioneer investor applies to the Authority for a plan of work
for exploration and exploitation the fee referred to in Annex III, article 13,
paragraph 2, of the Convention shall be $US 250,000.
(b) Every registered
pioneer investor shall pay an annual fixed fee of $US 1 million commencing from
the date of the allocation of the pioneer area. The payments shall be made by
the pioneer investor to the Authority upon the approval of its plan of work for
exploration and exploitation. The financial arrangements undertaken pursuant to
such plan of work shall be adjusted to take account of the payments made
pursuant to this paragraph.
(c) Every registered
pioneer investor shall agree to incur periodic expenditures, with respect to
the pioneer area allocated to it, until approval of its plan of work pursuant
to paragraph 8, of an amount to be determined by the Commission. The amount
should be reasonably related to the size of the pioneer area and the
expenditures which would be expected of a bona fide operator who intends to
bring that area into commercial production within a reasonable time.
8. (a) Within six months
of the entry into force of the Convention and certification by the Commission
in accordance with paragraph 11, of compliance with this resolution, the
pioneer investor so registered shall apply to the Authority for approval of a
plan of work for exploration and exploitation, in accordance with the
Convention. The plan of work in respect of such application shall comply with
and be governed by the relevant provisions of the Convention and the rules,
regulations and procedures of the Authority, including those on the operational
requirements, the financial requirements and the undertakings concerning the
transfer of technology. Accordingly, the Authority shall approve such
application.
(b) When an application
for approval of a plan of work is submitted by an entity other than a State,
pursuant to subparagraph (a), the certifying State or States shall be deemed to
be the sponsoring State for the purposes of Annex III, article 4, of the
Convention, and shall thereupon assume such obligations.
(c) No plan of work for
exploration and exploitation shall be approved unless the certifying State is a
Party to the Convention. In the case of the entities referred to in paragraph
1(a)(ii), the plan of work for exploration and exploitation shall not be
approved unless all the States whose natural or juridical persons comprise
those entities are Parties to the Convention. If any such State fails to ratify
the Convention within six months after it has received a notification from the
Authority that an application by it, or sponsored by it, is pending, its status
as a pioneer investor or certifying State, as the case may be, shall terminate,
unless the Council, by a majority of three fourths of its members present and
voting, decides to postpone the terminal date for a period not exceeding six
months.
9. (a) In the allocation
of production authorizations, in accordance with article 151 and Annex III,
article 7, of the Convention, the pioneer investors who have obtained approval
of plans of work for exploration and exploitation shall have priority over all
applicants other than the Enterprise which shall be entitled to production
authorizations for two mine sites including that referred to in article 151,
paragraph 5, of the Convention. After each of the pioneer investors has
obtained production authorization for its first mine site, the priority for the
Enterprise contained in Annex III, article 7, paragraph 6, of the Convention
shall apply.
(b) Production
authorizations shall be issued to each pioneer investor within 30 days of the
date on which that pioneer investor notifies the Authority that it will
commence commercial production within five years. If a pioneer investor is
unable to begin production within the period of five years for reasons beyond
its control, it shall apply to the Legal and Technical Commission for an
extension of time. That Commission shall grant the extension of time, for a
period not exceeding five years and not subject to further extension, if it is
satisfied that the pioneer investor cannot begin on an economically viable
basis at the time originally planned.
Nothing in this
subparagraph shall prevent the Enterprise or any other pioneer applicant, who
has notified the Authority that it will commence commercial production within
five years, from being given a priority over any applicant who has obtained an
extension of time under this subparagraph.
(c) If the Authority,
upon being given notice, pursuant to subparagraph (b), determines that the
commencement of commercial production within five years would exceed the
production ceiling in article 151, paragraphs 2 to 7, of the Convention, the
applicant shall hold a priority over any other applicant for the award of the
next production authorization allowed by the production ceiling.
(d) If two or more
pioneer investors apply for production authorizations to begin commercial
production at the same time and article 151, paragraphs 2 to 7, of the
Convention, would not permit all such production to commence simultaneously,
the Authority shall notify the pioneer investors concerned. Within three months
of such notification, they shall decide whether and, if so, to what extent they
wish to apportion the allowable tonnage among themselves.
(e) If, pursuant to
subparagraph (d), the pioneer investors concerned decide not to apportion the
available production among themselves they shall agree on an order of priority
for production authorizations and all subsequent applications for production
authorizations will be granted after those referred to in this subparagraph
have been approved.
(f) If, pursuant to subparagraph
(d), the pioneer investors concerned decide to apportion the available
production among themselves, the Authority shall award each of them a
production authorization for such lesser quantity as they have agreed. In each
case the stated production requirements of the applicant will be approved and
their full production will be allowed as soon as the production ceiling admits
of additional capacity sufficient for the applicants involved in the
competition. All subsequent applications for production authorizations will
only be granted after the requirements of this subparagraph have been met and
the applicant is no longer subject to the reduction of production provided for
in this subparagraph.
(g) If the parties fail
to reach agreement within the stated time period, the matter shall be decided
immediately by the means provided for in paragraph 5(c) in accordance with the
criteria set forth in Annex III, article 7, paragraphs 3 and 5, of the
Convention.
10. (a) Any rights
acquired by entities or natural or juridical persons which possess the
nationality of or are effectively controlled by a State or States whose status
as certifying State has been terminated, shall lapse unless the pioneer
investor changes its nationality and sponsorship within six months of the date
of such termination, as provided for in subparagraph (b).
(b) A pioneer investor
may change its nationality and sponsorship from that existing at the time of
its registration as a pioneer investor to that of any State Party to the
Convention which has effective control over the pioneer investor in terms of
paragraph l(a).
(c) Changes of
nationality and sponsorship pursuant to this paragraph shall not affect any
right or priority conferred on a pioneer investor pursuant to paragraphs 6 and
8.
11. The Commission
shall:
(a) provide each pioneer
investor with the certificate of compliance with the provisions of this
resolution referred to in paragraph 8; and
(b) include in its final
report required by paragraph 11 of resolution I of the Conference details of
all registrations of pioneer investors and allocations of pioneer areas
pursuant to this resolution.
12. In order to ensure
that the Enterprise is able to carry out activities in the Area in such a
manner as to keep pace with States and other entities: (a) every registered
pioneer investor shall:
(i) carry out
exploration, at the request of the Commission, in the area reserved, pursuant
to paragraph 3 in connection with its application, for activities in the Area
by the Authority through the Enterprise or in association with developing
States, on the basis that the costs so incurred plus interest thereon at the
rate of 10 per cent per annum shall be reimbursed;
(ii) provide training at
all levels for personnel designated by the Commission;
(iii) undertake before
the entry into force of the Convention, to perform the obligations prescribed
in the Convention relating to transfer of technology;
(b) every certifying
State shall:
(i) ensure that the
necessary funds are made available to the Enterprise in a timely manner in
accordance with the Convention, upon its entry into force; and
(ii) report periodically
to the Commission on the activities carried out by it, by its entities or
natural or juridical persons.
13. The Authority and
its organs shall recognize and honour the rights and obligations arising from
this resolution and the decisions of the Commission taken pursuant to it.
14. Without prejudice to
paragraph 13, this resolution shall have effect until the entry into force of
the Convention.
15. Nothing in this
resolution shall derogate from Annex III, article 6, paragraph 3(c), of the
Convention.
Resolution III
THE THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA, HAVING
REGARD TO THE CONVENTION ON THE LAW OF THE SEA, BEARING IN MIND THE CHARTER OF
THE UNITED NATIONS, IN PARTICULAR ARTICLE 73,
1. Declares that:
(a) In the case of a
territory whose people have not attained full independence or other
self-governing status recognized by the United Nations, or a territory under
colonial domination, provisions concerning rights and interests under the
Convention shall be implemented for the benefit of the people of the territory
with a view to promoting their well-being and development.
(b) Where a dispute
exists between States over the sovereignty of a territory to which this
resolution applies, in respect of which the United Nations has recommended
specific means of settlement, there shall be consultations between the parties
to that dispute regarding the exercise of the rights referred to in subparagraph
(a). In such consultations the interests of the people of the territory
concerned shall be a fundamental consideration. Any exercise of those rights
shall take into account the relevant resolutions of the United Nations and
shall be without prejudice to the position of any party to the dispute.
The States concerned
shall make every effort to enter into provisional arrangements of a practical
nature and shall not jeopardize or hamper the reaching of a final settlement of
the dispute.
2. Requests the Secretary-General
of the United Nations to bring this resolution to the attention of all Members
of the United Nations and the other participants in the Conference, as well as
the principal organs of the United Nations, and to request their compliance with
it.
Resolution IV
The Third United Nations
Conference on the Law of the Sea, Bearing in mind that national liberation
movements have been invited to participate in the Conference as observers in
accordance with rule 62 of its rules of procedure,
Decides that the
national liberation movements, which have been participating in the Third
United Nations Conference on the Law of the Sea, shall be entitled to sign the
Final Act of the Conference, in their capacity as observers.
ANNEX II
STATEMENT OF UNDERSTANDING CONCERNING A SPECIFIC METHOD TO BE USED
IN ESTABLISHING THE OUTER EDGE OF THE CONTINENTAL MARGIN
The Third United Nations
Conference on the Law of the Sea,
Considering the special
characteristics of a State’s continental margin where: (1) the average distance
at which the 200 metre isobath occurs is not more than 20 nautical miles; (2)
the greater proportion of the sedimentary rock of the continental margin lies
beneath the rise; and
Taking into account the
inequity that would result to that State from the application to its
continental margin of article 76 of the Convention, in that, the mathematical
average of the thickness of sedimentary rock along a line established at the
maximum distance permissible in accordance with the provisions of paragraph 4(a)(i)
and (ii) of that article as representing the entire outer edge of the
continental margin would not be less than 3.5 kilometres; and that more than
half of the margin would be excluded thereby;
Recognizes that such
State may, notwithstanding the provisions of article 76, establish the outer
edge of its continental margin by straight lines not exceeding 60 nautical
miles in length connecting fixed points, defined by latitude and longitude, at
each of which the thickness of sedimentary rock is not less than 1 kilometre,
Where a State
establishes the outer edge of its continental margin by applying the method set
forth in the preceding paragraph of this statement, this method may also be
utilized by a neighbouring State for delineating the outer edge of its
continental margin on a common geological feature, where its outer edge would
lie on such feature on a line established at the maximum distance permissible
in accordance with article 76, paragraph 4(a)(i) and (ii), along which the
mathematical average of the thickness of sedimentary rock is not less than 3.5
kilometres,
The Conference requests
the Commission on the Limits of the Continental Shelf set up pursuant to Annex
II of the Convention, to be governed by the terms of this Statement when making
its recommendations on matters related to the establishment of the outer edge
of the continental margins of these States in the southern part of the Bay of
Bengal.
ANNEX VI
RESOLUTION ON DEVELOPMENT OF NATIONAL MARINE SCIENCE, TECHNOLOGY
AND OCEAN SERVICE INFRASTRUCTURES
The Third United Nations
Conference on the Law of the Sea,
Recognizing that the
Convention on the Law of the Sea is intended to establish a new regime for the
seas and oceans which will contribute to the realization of a just and
equitable international economic order through making provision for the
peaceful use of ocean space, the equitable and efficient management and
utilization of its resources, and the study, protection and preservation of the
marine environment,
Bearing in mind that the
new regime must take into account, in particular, the special needs and
interests of the developing countries, whether coastal, land-locked, or
geographically disadvantaged,
Aware of the rapid
advances being made in the field of marine science and technology, and the need
for the developing countries, whether coastal, land-locked, or geographically
disadvantaged, to share in these achievements if the aforementioned goals are
to be met,
Convinced that, unless
urgent measures are taken, the marine scientific and technological gap between
the developed and the developing countries will widen further and thus endanger
the very foundations of the new regime,
Believing that optimum
utilization of the new opportunities for social and economic development
offered by the new regime will be facilitated through action at the national
and international level aimed at strengthening national capabilities in marine
science, technology and ocean services, particularly in the developing
countries, with a view to ensuring the rapid absorption and efficient
application of technology and scientific knowledge available to them,
Considering that
national and regional marine scientific and technological centres would be the
principal institutions through which States and, in particular, the developing
countries, foster and conduct marine scientific research, and receive and
disseminate marine technology,
Recognizing the special
role of the competent international organizations envisaged by the Convention
on the Law of the Sea, especially in relation to the establishment and
development of national and regional marine scientific and technological
centres,
Noting that present
efforts undertaken within the United Nations system in training, education and
assistance in the field of marine science and technology and ocean services are
far below current requirements and would be particularly inadequate to meet the
demands generated through operation of the Convention on the Law of the Sea,
Welcoming recent
initiatives within international organizations to promote and coordinate their
major international assistance programmes aimed at strengthening marine science
infrastructures in developing countries,
1. Calls upon all Member
States to determine appropriate priorities in their development plans for the
strengthening of their marine science, technology and ocean services;
2. Calls upon the
developing countries to establish programmes for the promotion of technical
cooperation among themselves in the field of marine science, technology and
ocean service development;
3. Urges the
industrialized countries to assist the developing countries in the preparation
and implementation of their marine science, technology and ocean service
development programmes;
4. Recommends that the
World Bank, the regional banks, the United Nations Development Programme, the
United Nations Financing System for Science and Technology and other
multilateral funding agencies augment and coordinate their operations for the
provision of funds to developing countries for the preparation and
implementation of major programmes of assistance in strengthening their marine
science, technology and ocean services;
5. Recommends that all
competent international organizations within the United Nations system expand
programmes within their respective fields of competence for assistance to
developing countries in the field of marine science, technology and ocean
services and coordinate their efforts on a system-wide basis in the
implementation of such programmes, paying particular attention to the special
needs of the developing countries, whether coastal, land-locked or
geographically disadvantaged;
6. Requests the
Secretary-General of the United Nations to transmit this resolution to the
General Assembly at its thirty-seventh session.
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