identifier: United Nations Convention on the Law of the Sea

conclusionPlace: Montego Bay

entryIntoForce: 16 November 1994, in accordance with article 308(1).

title: United Nations Convention on the Law of the Sea

country: Afghanistan

country: Albania

country: Algeria

country: Angola

country: Antigua and Barbuda

country: Argentina

country: Armenia

country: Australia

country: Austria

country: Azerbaijan

country: Bahamas (The)

country: Bahrain

country: Bangladesh

country: Barbados

country: Belarus

country: Belgium

country: Belize

country: Benin

country: Bhutan

country: Bolivia (Plurinational State of)

country: Bosnia and Herzegovina

country: Botswana

country: Chile

country: China

country: Colombia

country: Congo

country: Costa Rica

country: Croatia

country: Cyprus

country: Czech Republic

country: Democratic Republic of the Congo

country: Denmark

country: Djibouti

country: Dominica

country: Dominican Republic

country: United Kingdom of Great Britain and Northern Ireland

text: PREAMBLE

text: The States Parties to this Convention,

text: Prompted by the desire to settle, in a spirit of mutual understanding and

text: cooperation, all issues relating to the law of the sea and aware of the historic

text: significance of this Convention as an important contribution to the

text: maintenance of peace, justice and progress for all peoples of the world,

text: Noting that developments since the United Nations Conferences on the

text: Law of the Sea held at Geneva in 1958 and 1960 have accentuated the need

text: for a new and generally acceptable Convention on the law of the sea,

text: Conscious that the problems of ocean space are closely interrelated and

text: need to be considered as a whole,

text: Recognizing the desirability of establishing through this Convention,

text: with due regard for the sovereignty of all States, a legal order for the seas and

text: oceans which will facilitate international communication, and will promote

text: the peaceful uses of the seas and oceans, the equitable and efficient utilization

text: of their resources, the conservation of their living resources, and the study,

text: protection and preservation of the marine environment,

text: Bearing in mind that the achievement of these goals will contribute to

text: the realization of a just and equitable international economic order which

text: takes into account the interests and needs of mankind as a whole and, in

text: particular, the special interests and needs of developing countries, whether

text: coastal or land-locked,

text: Desiring by this Convention to develop the principles embodied in

text: resolution 2749 (XXV) of 17 December 1970 in which the General Assembly

text: of the United Nations solemnly declared inter alia that the area of the seabed

text: and ocean floor and the subsoil thereof, beyond the limits of national

text: jurisdiction, as well as its resources, are the common heritage of mankind, the

text: exploration and exploitation of which shall be carried out for the benefit of

text: mankind as a whole, irrespective of the geographical location of States,

text: Believing that the codification and progressive development of the law

text: of the sea achieved in this Convention will contribute to the strengthening of

text: peace, security, cooperation and friendly relations among all nations in

text: conformity with the principles of justice and equal rights and will promote the

text: economic and social advancement of all peoples of the world, in accordance

text: with the Purposes and Principles of the United Nations as set forth in the

text: Charter,

text: Affirming that matters not regulated by this Convention continue to be

text: governed by the rules and principles of general international law,

text: Have agreed as follows:

text: INTRODUCTION

text: Preamble

text: Use of terms and scope

text: For the purposes of this Convention:

text: (1) "Area" means the seabed and ocean floor and subsoil thereof,

text: beyond the limits of national jurisdiction;

text: (2) "Authority" means the International Seabed Authority;

text: (3) "activities in the Area" means all activities of exploration for,

text: and exploitation of, the resources of the Area;

text: (4) "pollution of the marine environment" means the introduction

text: by man, directly or indirectly, of substances or energy into the marine

text: environment, including estuaries, which results or is likely to result in such

text: deleterious effects as harm to living resources and marine life, hazards to

text: human health, hindrance to marine activities, including fishing and other

text: legitimate uses of the sea, impairment of quality for use of sea water and

text: reduction of amenities;

text: (5) (a) "dumping" means:

text: (i) any deliberate disposal of wastes or other matter from

text: vessels, aircraft, platforms or other man-made

text: structures at sea;

text: (ii) any deliberate disposal of vessels, aircraft, platforms

text: or other man-made structures at sea;

text: (b) "dumping" does not include:

text: (i) the disposal of wastes or other matter incidental to, or

text: derived from the normal operations of vessels,

text: aircraft, platforms or other man-made structures at

text: sea and their equipment, other than wastes or other

text: matter transported by or to vessels, aircraft, platforms

text: or other man-made structures at sea, operating for the

text: purpose of disposal of such matter or derived from

text: the treatment of such wastes or other matter on such

text: vessels, aircraft, platforms or structures;

text: (ii) placement of matter for a purpose other than the mere

text: disposal thereof, provided that such placement is not

text: contrary to the aims of this Convention.

text: 2. (1) "States Parties" means States which have consented to be bound

text: by this Convention and for which this Convention is in force.

text: (2) This Convention applies mutatis mutandis to the entities

text: referred to in article 305, paragraph l(b), (c), (d), (e) and (f), which become

text: Parties to this Convention in accordance with the conditions relevant to each,

text: and to that extent "States Parties" refers to those entities.

text: TERRITORIAL SEA AND CONTIGUOUS ZONE

text: SECTION 1. GENERAL PROVISIONS

text: Article 1

text: Legal status of the territorial sea, of the air space

text: over the territorial sea and of its bed and subsoil

text: 1. The sovereignty of a coastal State extends, beyond its land territory

text: and internal waters and, in the case of an archipelagic State, its archipelagic

text: waters, to an adjacent belt of sea, described as the territorial sea.

text: 2. This sovereignty extends to the air space over the territorial sea as

text: well as to its bed and subsoil.

text: 3. The sovereignty over the territorial sea is exercised subject to this

text: Convention and to other rules of international law.

text: SECTION 2. LIMITS OF THE TERRITORIAL SEA

text: Article 2

text: Breadth of the territorial sea

text: Every State has the right to establish the breadth of its territorial sea up

text: to a limit not exceeding 12 nautical miles, measured from baselines

text: determined in accordance with this Convention.

text: Article 3

text: Outer limit of the territorial sea

text: The outer limit of the territorial sea is the line every point of which is at

text: a distance from the nearest point of the baseline equal to the breadth of the

text: territorial sea.

text: Article 4

text: Normal baseline

text: Except where otherwise provided in this Convention, the normal baseline

text: for measuring the breadth of the territorial sea is the low-water line along the

text: coast as marked on large-scale charts officially recognized by the coastal

text: State.

text: Article 5

text: Reefs

text: In the case of islands situated on atolls or of islands having fringing

text: reefs, the baseline for measuring the breadth of the territorial sea is the

text: seaward low-water line of the reef, as shown by the appropriate symbol on

text: charts officially recognized by the coastal State.

text: Article 6

text: Straight baselines

text: 1. In localities where the coastline is deeply indented and cut into, or

text: if there is a fringe of islands along the coast in its immediate vicinity, the

text: method of straight baselines joining appropriate points may be employed in

text: drawing the baseline from which the breadth of the territorial sea is measured.

text: 2. Where because of the presence of a delta and other natural

text: conditions the coastline is highly unstable, the appropriate points may be

text: selected along the furthest seaward extent of the low-water line and,

text: notwithstanding subsequent regression of the low-water line, the straight

text: baselines shall remain effective until changed by the coastal State in

text: accordance with this Convention.

text: 3. The drawing of straight baselines must not depart to any appreciable

text: extent from the general direction of the coast, and the sea areas lying within

text: the lines must be sufficiently closely linked to the land domain to be subject

text: to the regime of internal waters.

text: 4. Straight baselines shall not be drawn to and from low-tide elevations,

text: unless lighthouses or similar installations which are permanently above sea

text: level have been built on them or except in instances where the drawing of

text: baselines to and from such elevations has received general international

text: recognition.

text: 5. Where the method of straight baselines is applicable under

text: paragraph 1, account may be taken, in determining particular baselines, of

text: economic interests peculiar to the region concerned, the reality and the

text: importance of which are clearly evidenced by long usage.

text: 6. The system of straight baselines may not be applied by a State in

text: such a manner as to cut off the territorial sea of another State from the high

text: seas or an exclusive economic zone.

text: Article 7

text: Internal waters

text: 1. Except as provided in Part IV, waters on the landward side of the

text: baseline of the territorial sea form part of the internal waters of the State.

text: 2. Where the establishment of a straight baseline in accordance with the

text: method set forth in article 7 has the effect of enclosing as internal waters

text: areas which had not previously been considered as such, a right of innocent

text: passage as provided in this Convention shall exist in those waters.

text: Article 8

text: Mouths of rivers

text: If a river flows directly into the sea, the baseline shall be a straight line

text: across the mouth of the river between points on the low-water line of its

text: banks.

text: Article 9

text: Bays

text: 1. This article relates only to bays the coasts of which belong to a

text: single State.

text: 2. For the purposes of this Convention, a bay is a well-marked

text: indentation whose penetration is in such proportion to the width of its mouth

text: as to contain land-locked waters and constitute more than a mere curvature

text: of the coast. An indentation shall not, however, be regarded as a bay unless

text: its area is as large as, or larger than, that of the semi-circle whose diameter is

text: a line drawn across the mouth of that indentation.

text: 3. For the purpose of measurement, the area of an indentation is that

text: lying between the low-water mark around the shore of the indentation and a

text: line joining the low-water mark of its natural entrance points. Where,

text: because of the presence of islands, an indentation has more than one mouth,

text: the semi-circle shall be drawn on a line as long as the sum total of the lengths

text: of the lines across the different mouths. Islands within an indentation shall

text: be included as if they were part of the water area of the indentation.

text: 4. If the distance between the low-water marks of the natural entrance

text: points of a bay does not exceed 24 nautical miles, a closing line may be

text: drawn between these two low-water marks, and the waters enclosed thereby

text: shall be considered as internal waters.

text: 5. Where the distance between the low-water marks of the natural

text: entrance points of a bay exceeds 24 nautical miles, a straight baseline of

text: 24 nautical miles shall be drawn within the bay in such a manner as to enclose

text: the maximum area of water that is possible with a line of that length.

text: 6. The foregoing provisions do not apply to so-called "historic" bays,

text: or in any case where the system of straight baselines provided for in article 7

text: is applied.

text: Article 10

text: Ports

text: For the purpose of delimiting the territorial sea, the outermost permanent

text: harbour works which form an integral part of the harbour system are regarded

text: as forming part of the coast. Off-shore installations and artificial islands shall

text: not be considered as permanent harbour works.

text: Article 11

text: Roadsteads

text: Roadsteads which are normally used for the loading, unloading and

text: anchoring of ships, and which would otherwise be situated wholly or partly

text: outside the outer limit of the territorial sea, are included in the territorial sea.

text: Article 12

text: Low-tide elevations

text: 1. A low-tide elevation is a naturally formed area of land which is

text: surrounded by and above water at low tide but submerged at high tide. Where

text: a low-tide elevation is situated wholly or partly at a distance not exceeding

text: the breadth of the territorial sea from the mainland or an island, the low-water

text: line on that elevation may be used as the baseline for measuring the breadth

text: of the territorial sea.

text: 2. Where a low-tide elevation is wholly situated at a distance exceeding

text: the breadth of the territorial sea from the mainland or an island, it has no

text: territorial sea of its own.

text: Article 13

text: Combination of methods for determining baselines

text: The coastal State may determine baselines in turn by any of the methods

text: provided for in the foregoing articles to suit different conditions.

text: Article 14

text: Delimitation of the territorial sea between States

text: with opposite or adjacent coasts

text: Where the coasts of two States are opposite or adjacent to each other,

text: neither of the two States is entitled, failing agreement between them to the

text: contrary, to extend its territorial sea beyond the median line every point of

text: which is equidistant from the nearest points on the baselines from which the

text: breadth of the territorial seas of each of the two States is measured. The

text: above provision does not apply, however, where it is necessary by reason of

text: historic title or other special circumstances to delimit the territorial seas of the

text: two States in a way which is at variance therewith.

text: Article 15

text: Charts and lists of geographical coordinates

text: 1. The baselines for measuring the breadth of the territorial sea

text: determined in accordance with articles 7, 9 and 10, or the limits derived

text: therefrom, and the lines of delimitation drawn in accordance with articles 12

text: and 15 shall be shown on charts of a scale or scales adequate for ascertaining

text: their position. Alternatively, a list of geographical coordinates of points,

text: specifying the geodetic datum, may be substituted.

text: 2. The coastal State shall give due publicity to such charts or lists of

text: geographical coordinates and shall deposit a copy of each such chart or list

text: with the Secretary-General of the United Nations.

text: SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA

text: SUBSECTION A. RULES APPLICABLE TO ALL SHIPS

text: Article 16

text: Right of innocent passage

text: Subject to this Convention, ships of all States, whether coastal or

text: land-locked, enjoy the right of innocent passage through the territorial sea.

text: Article 17

text: Meaning of passage

text: of:

text: Passage means navigation through the territorial sea for the purpose

text: (a) traversing that sea without entering internal waters or calling at

text: a roadstead or port facility outside internal waters; or

text: (b) proceeding to or from internal waters or a call at such roadstead

text: or port facility.

text: 2. Passage shall be continuous and expeditious. However, passage

text: includes stopping and anchoring, but only in so far as the same are incidental

text: to ordinary navigation or are rendered necessary by force majeure or distress

text: or for the purpose of rendering assistance to persons, ships or aircraft in

text: danger or distress.

text: Article 18

text: Meaning of innocent passage

text: 1. Passage is innocent so long as it is not prejudicial to the peace, good

text: order or security of the coastal State. Such passage shall take place in

text: conformity with this Convention and with other rules of international law.

text: 2. Passage of a foreign ship shall be considered to be prejudicial to the

text: peace, good order or security of the coastal State if in the territorial sea it

text: engages in any of the following activities:

text: (a) any threat or use of force against the sovereignty, territorial

text: integrity or political independence of the coastal State, or in any

text: other manner in violation of the principles of international law

text: embodied in the Charter of the United Nations;

text: (b) any exercise or practice with weapons of any kind;

text: (c) any act aimed at collecting information to the prejudice of the

text: defence or security of the coastal State;

text: (d) any act of propaganda aimed at affecting the defence or security

text: of the coastal State;

text: (e) the launching, landing or taking on board of any aircraft;

text: (f) the launching, landing or taking on board of any military

text: device;

text: (g) the loading or unloading of any commodity, currency or person

text: contrary to the customs, fiscal, immigration or sanitary laws and

text: regulations of the coastal State;

text: (h) any act of wilful and serious pollution contrary to this

text: Convention;

text: (i) any fishing activities;

text: (j) the carrying out of research or survey activities;

text: (k) any act aimed at interfering with any systems of communication

text: or any other facilities or installations of the coastal State;

text: (l) any other activity not having a direct bearing on passage.

text: Article 19

text: Submarines and other underwater vehicles

text: In the territorial sea, submarines and other underwater vehicles are

text: required to navigate on the surface and to show their flag.

text: Article 20

text: Laws and regulations of the coastal State relating to innocent passage

text: 1. The coastal State may adopt laws and regulations, in conformity with

text: the provisions of this Convention and other rules of international law, relating

text: to innocent passage through the territorial sea, in respect of all or any of the

text: following:

text: (a) the safety of navigation and the regulation of maritime traffic;

text: (b) the protection of navigational aids and facilities and other

text: facilities or installations;

text: (c) the protection of cables and pipelines;

text: (d) the conservation of the living resources of the sea;

text: (e) the prevention of infringement of the fisheries laws and

text: regulations of the coastal State;

text: (f) the preservation of the environment of the coastal State and the

text: prevention, reduction and control of pollution thereof;

text: (g) marine scientific research and hydrographic surveys;

text: (h) the prevention of infringement of the customs, fiscal,

text: immigration or sanitary laws and regulations of the coastal

text: State.

text: 2. Such laws and regulations shall not apply to the design, construction,

text: manning or equipment of foreign ships unless they are giving effect to

text: generally accepted international rules or standards.

text: 3. The coastal State shall give due publicity to all such laws and

text: regulations.

text: 4. Foreign ships exercising the right of innocent passage through the

text: territorial sea shall comply with all such laws and regulations and all

text: generally accepted international regulations relating to the prevention of

text: collisions at sea.

text: Article 21

text: Sea lanes and traffic separation schemes in the territorial sea

text: 1. The coastal State may, where necessary having regard to the safety

text: of navigation, require foreign ships exercising the right of innocent passage

text: through its territorial sea to use such sea lanes and traffic separation schemes

text: as it may designate or prescribe for the regulation of the passage of ships.

text: 2. In particular, tankers, nuclear-powered ships and ships carrying

text: nuclear or other inherently dangerous or noxious substances or materials may

text: be required to confine their passage to such sea lanes.

text: 3. In the designation of sea lanes and the prescription of traffic

text: separation schemes under this article, the coastal State shall take into account:

text: (a) the recommendations of the competent international

text: organization;

text: (b) any channels customarily used for international navigation;

text: (c) the special characteristics of particular ships and channels; and

text: (d) the density of traffic.

text: 4. The coastal State shall clearly indicate such sea lanes and traffic

text: separation schemes on charts to which due publicity shall be given.

text: Article 22

text: Foreign nuclear-powered ships and ships carrying nuclear

text: or other inherently dangerous or noxious substances

text: Foreign nuclear-powered ships and ships carrying nuclear or other

text: inherently dangerous or noxious substances shall, when exercising the right

text: of innocent passage through the territorial sea, carry documents and observe

text: special precautionary measures established for such ships by international

text: agreements.

text: Article 23

text: Duties of the coastal State

text: 1. The coastal State shall not hamper the innocent passage of foreign

text: ships through the territorial sea except in accordance with this Convention.

text: In particular, in the application of this Convention or of any laws or

text: regulations adopted in conformity with this Convention, the coastal State

text: shall not:

text: (a) impose requirements on foreign ships which have the practical

text: effect of denying or impairing the right of innocent passage; or

text: (b) discriminate in form or in fact against the ships of any State or

text: against ships carrying cargoes to, from or on behalf of any

text: State.

text: 2. The coastal State shall give appropriate publicity to any danger to

text: navigation, of which it has knowledge, within its territorial sea.

text: Article 24

text: Rights of protection of the coastal State

text: 1. The coastal State may take the necessary steps in its territorial sea to

text: prevent passage which is not innocent.

text: 2. In the case of ships proceeding to internal waters or a call at a port

text: facility outside internal waters, the coastal State also has the right to take the

text: necessary steps to prevent any breach of the conditions to which admission

text: of those ships to internal waters or such a call is subject.

text: 3. The coastal State may, without discrimination in form or in fact

text: among foreign ships, suspend temporarily in specified areas of its territorial

text: sea the innocent passage of foreign ships if such suspension is essential for

text: the protection of its security, including weapons exercises. Such suspension

text: shall take effect only after having been duly published.

text: Article 25

text: Charges which may be levied upon foreign ships

text: 1. No charge may be levied upon foreign ships by reason only of their

text: passage through the territorial sea.

text: 2. Charges may be levied upon a foreign ship passing through the

text: territorial sea as payment only for specific services rendered to the ship.

text: These charges shall be levied without discrimination.

text: SUBSECTION B. RULES APPLICABLE TO

text: MERCHANT SHIPS AND GOVERNMENT SHIPS

text: OPERATED FOR COMMERCIAL PURPOSES

text: Article 26

text: Criminal jurisdiction on board a foreign ship

text: 1. The criminal jurisdiction of the coastal State should not be exercised

text: on board a foreign ship passing through the territorial sea to arrest any person

text: or to conduct any investigation in connection with any crime committed on

text: board the ship during its passage, save only in the following cases:

text: (a) if the consequences of the crime extend to the coastal State;

text: (b) if the crime is of a kind to disturb the peace of the country or

text: the good order of the territorial sea;

text: (c) if the assistance of the local authorities has been requested by

text: the master of the ship or by a diplomatic agent or consular

text: officer of the flag State; or

text: (d) if such measures are necessary for the suppression of illicit

text: traffic in narcotic drugs or psychotropic substances.

text: 2. The above provisions do not affect the right of the coastal State to

text: take any steps authorized by its laws for the purpose of an arrest or

text: investigation on board a foreign ship passing through the territorial sea after

text: leaving internal waters.

text: 3. In the cases provided for in paragraphs 1 and 2, the coastal State

text: shall, if the master so requests, notify a diplomatic agent or consular officer

text: of the flag State before taking any steps, and shall facilitate contact between

text: such agent or officer and the ship's crew. In cases of emergency this

text: notification may be communicated while the measures are being taken.

text: 4. In considering whether or in what manner an arrest should be made,

text: the local authorities shall have due regard to the interests of navigation.

text: 5. Except as provided in Part XII or with respect to violations of laws

text: and regulations adopted in accordance with Part V, the coastal State may not

text: take any steps on board a foreign ship passing through the territorial sea to

text: arrest any person or to conduct any investigation in connection with any crime

text: committed before the ship entered the territorial sea, if the ship, proceeding

text: from a foreign port, is only passing through the territorial sea without entering

text: internal waters.

text: Article 27

text: Civil jurisdiction in relation to foreign ships

text: 1. The coastal State should not stop or divert a foreign ship passing

text: through the territorial sea for the purpose of exercising civil jurisdiction in

text: relation to a person on board the ship.

text: 2. The coastal State may not levy execution against or arrest the ship

text: for the purpose of any civil proceedings, save only in respect of obligations

text: or liabilities assumed or incurred by the ship itself in the course or for the

text: purpose of its voyage through the waters of the coastal State.

text: 3. Paragraph 2 is without prejudice to the right of the coastal State, in

text: accordance with its laws, to levy execution against or to arrest, for the

text: purpose of any civil proceedings, a foreign ship lying in the territorial sea, or

text: passing through the territorial sea after leaving internal waters.

text: SUBSECTION C. RULES APPLICABLE TO

text: WARSHIPS AND OTHER GOVERNMENT SHIPS

text: OPERATED FOR NON-COMMERCIAL PURPOSES

text: Article 28

text: Definition of warships

text: For the purposes of this Convention, "warship" means a ship belonging

text: to the armed forces of a State bearing the external marks distinguishing such

text: ships of its nationality, under the command of an officer duly commissioned

text: by the government of the State and whose name appears in the appropriate

text: service list or its equivalent, and manned by a crew which is under regular

text: armed forces discipline.

text: Article 29

text: Non-compliance by warships with the laws and regulations

text: of the coastal State

text: If any warship does not comply with the laws and regulations of the

text: coastal State concerning passage through the territorial sea and disregards any

text: request for compliance therewith which is made to it, the coastal State may

text: require it to leave the territorial sea immediately.

text: Article 30

text: Responsibility of the flag State for damage caused by a warship

text: or other government ship operated for non-commercial purposes

text: The flag State shall bear international responsibility for any loss or

text: damage to the coastal State resulting from the non-compliance by a warship

text: or other government ship operated for non-commercial purposes with the

text: laws and regulations of the coastal State concerning passage through the

text: territorial sea or with the provisions of this Convention or other rules of

text: international law.

text: Article 31

text: Immunities of warships and other government ships

text: operated for non-commercial purposes

text: With such exceptions as are contained in subsection A and in articles 30

text: and 31, nothing in this Convention affects the immunities of warships and

text: other government ships operated for non-commercial purposes.

text: SECTION 4. CONTIGUOUS ZONE

text: Article 32

text: Contiguous zone

text: 1. In a zone contiguous to its territorial sea, described as the contiguous

text: zone, the coastal State may exercise the control necessary to:

text: (a) prevent infringement of its customs, fiscal, immigration or

text: sanitary laws and regulations within its territory or territorial

text: sea;

text: (b) punish infringement of the above laws and regulations

text: committed within its territory or territorial sea.

text: 2. The contiguous zone may not extend beyond 24 nautical miles from

text: the baselines from which the breadth of the territorial sea is measured.

text: STRAITS USED FOR INTERNATIONAL

text: NAVIGATION

text: SECTION 1. GENERAL PROVISIONS

text: Article 33

text: Legal status of waters forming straits used for international navigation

text: 1. The regime of passage through straits used for international

text: navigation established in this Part shall not in other respects affect the legal

text: status of the waters forming such straits or the exercise by the States

text: bordering the straits of their sovereignty or jurisdiction over such waters and

text: their air space, bed and subsoil.

text: 2. The sovereignty or jurisdiction of the States bordering the straits is

text: exercised subject to this Part and to other rules of international law.

text: Article 34

text: Scope of this Part

text: Nothing in this Part affects:

text: (a) any areas of internal waters within a strait, except where the

text: establishment of a straight baseline in accordance with the method

text: set forth in article 7 has the effect of enclosing as internal waters

text: areas which had not previously been considered as such;

text: (b) the legal status of the waters beyond the territorial seas of States

text: bordering straits as exclusive economic zones or high seas; or

text: (c) the legal regime in straits in which passage is regulated in whole or

text: in part by long-standing international conventions in force

text: specifically relating to such straits.

text: Article 35

text: High seas routes or routes through exclusive economic zones

text: through straits used for international navigation

text: This Part does not apply to a strait used for international navigation if

text: there exists through the strait a route through the high seas or through an

text: exclusive economic zone of similar convenience with respect to navigational

text: and hydrographical characteristics; in such routes, the other relevant Parts of

text: this Convention, including the provisions regarding the freedoms of

text: navigation and overflight, apply.

text: SECTION 2. TRANSIT PASSAGE

text: Article 36

text: Scope of this section

text: This section applies to straits which are used for international navigation

text: between one part of the high seas or an exclusive economic zone and another

text: part of the high seas or an exclusive economic zone.

text: Article 37

text: Right of transit passage

text: 1. In straits referred to in article 37, all ships and aircraft enjoy the right

text: of transit passage, which shall not be impeded; except that, if the strait is

text: formed by an island of a State bordering the strait and its mainland, transit

text: passage shall not apply if there exists seaward of the island a route through

text: the high seas or through an exclusive economic zone of similar convenience

text: with respect to navigational and hydrographical characteristics.

text: 2. Transit passage means the exercise in accordance with this Part of

text: the freedom of navigation and overflight solely for the purpose of continuous

text: and expeditious transit of the strait between one part of the high seas or an

text: exclusive economic zone and another part of the high seas or an exclusive

text: economic zone. However, the requirement of continuous and expeditious

text: transit does not preclude passage through the strait for the purpose of

text: entering, leaving or returning from a State bordering the strait, subject to the

text: conditions of entry to that State.

text: 3. Any activity which is not an exercise of the right of transit passage

text: through a strait remains subject to the other applicable provisions of this

text: Convention.

text: Article 38

text: Duties of ships and aircraft during transit passage

text: Ships and aircraft, while exercising the right of transit passage, shall:

text: (a) proceed without delay through or over the strait;

text: (b) refrain from any threat or use of force against the sovereignty,

text: territorial integrity or political independence of States bordering

text: the strait, or in any other manner in violation of the principles

text: of international law embodied in the Charter of the United

text: Nations;

text: (c) refrain from any activities other than those incident to their

text: normal modes of continuous and expeditious transit unless

text: rendered necessary by force majeure or by distress;

text: (d) comply with other relevant provisions of this Part.

text: Ships in transit passage shall:

text: (a) comply with generally accepted international regulations,

text: procedures and practices for safety at sea, including the

text: International Regulations for Preventing Collisions at Sea;

text: (b) comply with generally accepted international regulations,

text: procedures and practices for the prevention, reduction and

text: control of pollution from ships.

text: Aircraft in transit passage shall:

text: (a) observe the Rules of the Air established by the International

text: Civil Aviation Organization as they apply to civil aircraft; state

text: aircraft will normally comply with such safety measures and

text: will at all times operate with due regard for the safety of

text: navigation;

text: (b) at all times monitor the radio frequency assigned by the

text: competent internationally designated air traffic control authority

text: or the appropriate international distress radio frequency.

text: Article 39

text: Research and survey activities

text: During transit passage, foreign ships, including marine scientific research

text: and hydrographic survey ships, may not carry out any research or survey

text: activities without the prior authorization of the States bordering straits.

text: Article 40

text: Sea lanes and traffic separation schemes in straits

text: used for international navigation

text: 1. In conformity with this Part, States bordering straits may designate

text: sea lanes and prescribe traffic separation schemes for navigation in straits

text: where necessary to promote the safe passage of ships.

text: 2. Such States may, when circumstances require, and after giving due

text: publicity thereto, substitute other sea lanes or traffic separation schemes for

text: any sea lanes or traffic separation schemes previously designated or

text: prescribed by them.

text: 3. Such sea lanes and traffic separation schemes shall conform to

text: generally accepted international regulations.

text: 4. Before designating or substituting sea lanes or prescribing or

text: substituting traffic separation schemes, States bordering straits shall refer

text: proposals to the competent international organization with a view to their

text: adoption. The organization may adopt only such sea lanes and traffic

text: separation schemes as may be agreed with the States bordering the straits,

text: after which the States may designate, prescribe or substitute them.

text: 5. In respect of a strait where sea lanes or traffic separation schemes

text: through the waters of two or more States bordering the strait are being

text: proposed, the States concerned shall cooperate in formulating proposals in

text: consultation with the competent international organization.

text: 6. States bordering straits shall clearly indicate all sea lanes and traffic

text: separation schemes designated or prescribed by them on charts to which due

text: publicity shall be given.

text: 7. Ships in transit passage shall respect applicable sea lanes and traffic

text: separation schemes established in accordance with this article.

text: Article 41

text: Laws and regulations of States bordering straits

text: relating to transit passage

text: 1. Subject to the provisions of this section, States bordering straits may

text: adopt laws and regulations relating to transit passage through straits, in

text: respect of all or any of the following:

text: (a) the safety of navigation and the regulation of maritime traffic,

text: as provided in article 41;

text: (b) the prevention, reduction and control of pollution, by giving

text: effect to applicable international regulations regarding the

text: discharge of oil, oily wastes and other noxious substances in the

text: strait;

text: (c) with respect to fishing vessels, the prevention of fishing,

text: including the stowage of fishing gear;

text: (d) the loading or unloading of any commodity, currency or person

text: in contravention of the customs, fiscal, immigration or sanitary

text: laws and regulations of States bordering straits.

text: 2. Such laws and regulations shall not discriminate in form or in fact

text: among foreign ships or in their application have the practical effect of

text: denying, hampering or impairing the right of transit passage as defined in this

text: section.

text: 3. States bordering straits shall give due publicity to all such laws and

text: regulations.

text: 4. Foreign ships exercising the right of transit passage shall comply

text: with such laws and regulations.

text: 5. The flag State of a ship or the State of registry of an aircraft entitled

text: to sovereign immunity which acts in a manner contrary to such laws and

text: regulations or other provisions of this Part shall bear international

text: responsibility for any loss or damage which results to States bordering straits.

text: Article 42

text: Navigational and safety aids and other improvements

text: and the prevention, reduction and control of pollution

text: User States and States bordering a strait should by agreement cooperate:

text: (a) in the establishment and maintenance in a strait of necessary

text: navigational and safety aids or other improvements in aid of

text: international navigation; and

text: (b) for the prevention, reduction and control of pollution from ships.

text: Article 43

text: Duties of States bordering straits

text: States bordering straits shall not hamper transit passage and shall give

text: appropriate publicity to any danger to navigation or overflight within or over

text: the strait of which they have knowledge. There shall be no suspension of

text: transit passage.

text: SECTION 3. INNOCENT PASSAGE

text: Article 44

text: Innocent passage

text: 1. The regime of innocent passage, in accordance with Part II,

text: (a) excluded from the application of the regime of transit passage

text: under article 38, paragraph 1; or

text: (b) between a part of the high seas or an exclusive economic zone

text: and the territorial sea of a foreign State.

text: 2. There shall be no suspension of innocent passage through such

text: straits.

text: ARCHIPELAGIC STATES

text: Article 45

text: Use of terms

text: For the purposes of this Convention:

text: (a) "archipelagic State" means a State constituted wholly by one or

text: more archipelagos and may include other islands;

text: (b) "archipelago" means a group of islands, including parts of islands,

text: interconnecting waters and other natural features which are so

text: closely interrelated that such islands, waters and other natural

text: features form an intrinsic geographical, economic and political

text: entity, or which historically have been regarded as such.

text: Article 46

text: Archipelagic baselines

text: 1. An archipelagic State may draw straight archipelagic baselines

text: joining the outermost points of the outermost islands and drying reefs of the

text: archipelago provided that within such baselines are included the main islands

text: and an area in which the ratio of the area of the water to the area of the land,

text: including atolls, is between 1 to 1 and 9 to 1.

text: 2. The length of such baselines shall not exceed 100 nautical miles,

text: except that up to 3 per cent of the total number of baselines enclosing any

text: archipelago may exceed that length, up to a maximum length of 125 nautical

text: miles.

text: 3. The drawing of such baselines shall not depart to any appreciable

text: extent from the general configuration of the archipelago.

text: 4. Such baselines shall not be drawn to and from low-tide elevations,

text: level have been built on them or where a low-tide elevation is situated wholly

text: or partly at a distance not exceeding the breadth of the territorial sea from the

text: nearest island.

text: 5. The system of such baselines shall not be applied by an archipelagic

text: State in such a manner as to cut off from the high seas or the exclusive

text: economic zone the territorial sea of another State.

text: 6. If a part of the archipelagic waters of an archipelagic State lies

text: between two parts of an immediately adjacent neighbouring State, existing

text: rights and all other legitimate interests which the latter State has traditionally

text: exercised in such waters and all rights stipulated by agreement between those

text: States shall continue and be respected.

text: 7. For the purpose of computing the ratio of water to land under

text: paragraph l, land areas may include waters lying within the fringing reefs of

text: islands and atolls, including that part of a steep-sided oceanic plateau which

text: is enclosed or nearly enclosed by a chain of limestone islands and drying

text: reefs lying on the perimeter of the plateau.

text: 8. The baselines drawn in accordance with this article shall be shown

text: on charts of a scale or scales adequate for ascertaining their position.

text: Alternatively, lists of geographical coordinates of points, specifying the

text: geodetic datum, may be substituted.

text: 9. The archipelagic State shall give due publicity to such charts or lists

text: of geographical coordinates and shall deposit a copy of each such chart or list

text: Article 47

text: Measurement of the breadth of the territorial sea, the contiguous zone,

text: the exclusive economic zone and the continental shelf

text: The breadth of the territorial sea, the contiguous zone, the exclusive

text: economic zone and the continental shelf shall be measured from archipelagic

text: baselines drawn in accordance with article 47.

text: Article 48

text: Legal status of archipelagic waters, of the air space

text: over archipelagic waters and of their bed and subsoil

text: 1. The sovereignty of an archipelagic State extends to the waters

text: enclosed by the archipelagic baselines drawn in accordance with article 47,

text: described as archipelagic waters, regardless of their depth or distance from

text: the coast.

text: 2. This sovereignty extends to the air space over the archipelagic

text: waters, as well as to their bed and subsoil, and the resources contained

text: therein.

text: 3. This sovereignty is exercised subject to this Part.

text: 4. The regime of archipelagic sea lanes passage established in this Part

text: shall not in other respects affect the status of the archipelagic waters,

text: including the sea lanes, or the exercise by the archipelagic State of its

text: sovereignty over such waters and their air space, bed and subsoil, and the

text: resources contained therein.

text: Article 49

text: Delimitation of internal waters

text: Within its archipelagic waters, the archipelagic State may draw closing

text: lines for the delimitation of internal waters, in accordance with articles 9,

text: 10 and 11.

text: Article 50

text: Existing agreements, traditional fishing rights

text: and existing submarine cables

text: 1. Without prejudice to article 49, an archipelagic State shall respect

text: existing agreements with other States and shall recognize traditional fishing

text: rights and other legitimate activities of the immediately adjacent neighbouring

text: States in certain areas falling within archipelagic waters. The terms and

text: conditions for the exercise of such rights and activities, including the nature,

text: the extent and the areas to which they apply, shall, at the request of any of the

text: States concerned, be regulated by bilateral agreements between them. Such

text: rights shall not be transferred to or shared with third States or their nationals.

text: 2. An archipelagic State shall respect existing submarine cables laid by

text: other States and passing through its waters without making a landfall. An

text: archipelagic State shall permit the maintenance and replacement of such

text: cables upon receiving due notice of their location and the intention to repair

text: or replace them.

text: Article 51

text: Right of innocent passage

text: 1. Subject to article 53 and without prejudice to article 50, ships of all

text: States enjoy the right of innocent passage through archipelagic waters, in

text: accordance with Part II, section 3.

text: 2. The archipelagic State may, without discrimination in form or in fact

text: among foreign ships, suspend temporarily in specified areas of its

text: archipelagic waters the innocent passage of foreign ships if such suspension

text: is essential for the protection of its security. Such suspension shall take effect

text: only after having been duly published.

text: Article 52

text: Right of archipelagic sea lanes passage

text: 1. An archipelagic State may designate sea lanes and air routes

text: thereabove, suitable for the continuous and expeditious passage of foreign

text: ships and aircraft through or over its archipelagic waters and the adjacent

text: territorial sea.

text: 2. All ships and aircraft enjoy the right of archipelagic sea lanes

text: passage in such sea lanes and air routes.

text: 3. Archipelagic sea lanes passage means the exercise in accordance

text: with this Convention of the rights of navigation and overflight in the normal

text: mode solely for the purpose of continuous, expeditious and unobstructed

text: transit between one part of the high seas or an exclusive economic zone and

text: another part of the high seas or an exclusive economic zone.

text: 4. Such sea lanes and air routes shall traverse the archipelagic waters

text: and the adjacent territorial sea and shall include all normal passage routes

text: used as routes for international navigation or overflight through or over

text: archipelagic waters and, within such routes, so far as ships are concerned, all

text: normal navigational channels, provided that duplication of routes of similar

text: convenience between the same entry and exit points shall not be necessary.

text: 5. Such sea lanes and air routes shall be defined by a series of

text: continuous axis lines from the entry points of passage routes to the exit

text: points. Ships and aircraft in archipelagic sea lanes passage shall not deviate

text: more than 25 nautical miles to either side of such axis lines during passage,

text: provided that such ships and aircraft shall not navigate closer to the coasts

text: than 10 per cent of the distance between the nearest points on islands

text: bordering the sea lane.

text: 6. An archipelagic State which designates sea lanes under this article

text: may also prescribe traffic separation schemes for the safe passage of ships

text: through narrow channels in such sea lanes.

text: 7. An archipelagic State may, when circumstances require, after giving

text: due publicity thereto, substitute other sea lanes or traffic separation schemes

text: for any sea lanes or traffic separation schemes previously designated or

text: prescribed by it.

text: 8. Such sea lanes and traffic separation schemes shall conform to

text: 9. In designating or substituting sea lanes or prescribing or substituting

text: traffic separation schemes, an archipelagic State shall refer proposals to the

text: competent international organization with a view to their adoption. The

text: organization may adopt only such sea lanes and traffic separation schemes as

text: may be agreed with the archipelagic State, after which the archipelagic State

text: may designate, prescribe or substitute them.

text: 10. The archipelagic State shall clearly indicate the axis of the sea lanes

text: and the traffic separation schemes designated or prescribed by it on charts to

text: which due publicity shall be given.

text: 11. Ships in archipelagic sea lanes passage shall respect applicable sea

text: lanes and traffic separation schemes established in accordance with this

text: article.

text: 12. If an archipelagic State does not designate sea lanes or air routes, the

text: right of archipelagic sea lanes passage may be exercised through the routes

text: normally used for international navigation.

text: Article 53

text: Duties of ships and aircraft during their passage,

text: research and survey activities, duties of the archipelagic State

text: and laws and regulations of the archipelagic State

text: relating to archipelagic sea lanes passage

text: Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic sea

text: lanes passage.

text: EXCLUSIVE ECONOMIC ZONE

text: Article 54

text: Specific legal regime of the exclusive economic zone

text: The exclusive economic zone is an area beyond and adjacent to the

text: territorial sea, subject to the specific legal regime established in this Part,

text: under which the rights and jurisdiction of the coastal State and the rights and

text: freedoms of other States are governed by the relevant provisions of this

text: Convention.

text: Article 55

text: Rights, jurisdiction and duties of the coastal State in the exclusive

text: economic zone

text: In the exclusive economic zone, the coastal State has:

text: (a) sovereign rights for the purpose of exploring and exploiting,

text: conserving and managing the natural resources, whether living

text: or non-living, of the waters superjacent to the seabed and of the

text: seabed and its subsoil, and with regard to other activities for the

text: economic exploitation and exploration of the zone, such as the

text: production of energy from the water, currents and winds;

text: (b) jurisdiction as provided for in the relevant provisions of this

text: Convention with regard to:

text: (i) the establishment and use of artificial islands, installations

text: and structures;

text: (ii) marine scientific research;

text: (iii) the protection and preservation of the marine

text: environment;

text: (c) other rights and duties provided for in this Convention.

text: 2. In exercising its rights and performing its duties under this

text: Convention in the exclusive economic zone, the coastal State shall have due

text: regard to the rights and duties of other States and shall act in a manner

text: compatible with the provisions of this Convention.

text: 3. The rights set out in this article with respect to the seabed and

text: subsoil shall be exercised in accordance with Part VI.

text: Article 56

text: Breadth of the exclusive economic zone

text: The exclusive economic zone shall not extend beyond 200 nautical miles

text: from the baselines from which the breadth of the territorial sea is measured.

text: Article 57

text: Rights and duties of other States in the exclusive economic zone

text: 1. In the exclusive economic zone, all States, whether coastal or

text: land-locked, enjoy, subject to the relevant provisions of this Convention, the

text: freedoms referred to in article 87 of navigation and overflight and of the

text: laying of submarine cables and pipelines, and other internationally lawful

text: uses of the sea related to these freedoms, such as those associated with the

text: operation of ships, aircraft and submarine cables and pipelines, and

text: compatible with the other provisions of this Convention.

text: 2. Articles 88 to 115 and other pertinent rules of international law

text: apply to the exclusive economic zone in so far as they are not incompatible

text: with this Part.

text: 3. In exercising their rights and performing their duties under this

text: Convention in the exclusive economic zone, States shall have due regard to

text: the rights and duties of the coastal State and shall comply with the laws and

text: regulations adopted by the coastal State in accordance with the provisions of

text: this Convention and other rules of international law in so far as they are not

text: incompatible with this Part.

text: Article 58

text: Basis for the resolution of conflicts

text: regarding the attribution of rights and jurisdiction

text: in the exclusive economic zone

text: In cases where this Convention does not attribute rights or jurisdiction

text: to the coastal State or to other States within the exclusive economic zone, and

text: a conflict arises between the interests of the coastal State and any other State

text: or States, the conflict should be resolved on the basis of equity and in the

text: light of all the relevant circumstances, taking into account the respective

text: importance of the interests involved to the parties as well as to the

text: international community as a whole.

text: Article 59

text: Artificial islands, installations and structures

text: in the exclusive economic zone

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

text: exclusive right to construct and to authorize and regulate the construction,

text: operation and use of:

text: (a) artificial islands;

text: (b) installations and structures for the purposes provided for in

text: article 56 and other economic purposes;

text: (c) installations and structures which may interfere with the

text: exercise of the rights of the coastal State in the zone.

text: 2. The coastal State shall have exclusive jurisdiction over such artificial

text: islands, installations and structures, including jurisdiction with regard to

text: customs, fiscal, health, safety and immigration laws and regulations.

text: 3. Due notice must be given of the construction of such artificial

text: islands, installations or structures, and permanent means for giving warning

text: of their presence must be maintained. Any installations or structures which

text: are abandoned or disused shall be removed to ensure safety of navigation,

text: taking into account any generally accepted international standards established

text: in this regard by the competent international organization. Such removal shall

text: also have due regard to fishing, the protection of the marine environment and

text: the rights and duties of other States. Appropriate publicity shall be given to

text: the depth, position and dimensions of any installations or structures not

text: entirely removed.

text: 4. The coastal State may, where necessary, establish reasonable safety

text: zones around such artificial islands, installations and structures in which it

text: may take appropriate measures to ensure the safety both of navigation and of

text: the artificial islands, installations and structures.

text: 5. The breadth of the safety zones shall be determined by the coastal

text: State, taking into account applicable international standards. Such zones shall

text: be designed to ensure that they are reasonably related to the nature and

text: function of the artificial islands, installations or structures, and shall not

text: exceed a distance of 500 metres around them, measured from each point of

text: their outer edge, except as authorized by generally accepted international

text: standards or as recommended by the competent international organization.

text: Due notice shall be given of the extent of safety zones.

text: 6. All ships must respect these safety zones and shall comply with

text: generally accepted international standards regarding navigation in the vicinity

text: of artificial islands, installations, structures and safety zones.

text: 7. Artificial islands, installations and structures and the safety zones

text: around them may not be established where interference may be caused to the

text: use of recognized sea lanes essential to international navigation.

text: 8. Artificial islands, installations and structures do not possess the

text: status of islands. They have no territorial sea of their own, and their presence

text: does not affect the delimitation of the territorial sea, the exclusive economic

text: zone or the continental shelf.

text: Article 60

text: Conservation of the living resources

text: 1. The coastal State shall determine the allowable catch of the living

text: resources in its exclusive economic zone.

text: 2. The coastal State, taking into account the best scientific evidence

text: available to it, shall ensure through proper conservation and management

text: measures that the maintenance of the living resources in the exclusive

text: economic zone is not endangered by over-exploitation. As appropriate, the

text: coastal State and competent international organizations, whether subregional,

text: regional or global, shall cooperate to this end.

text: 3. Such measures shall also be designed to maintain or restore

text: populations of harvested species at levels which can produce the maximum

text: sustainable yield, as qualified by relevant environmental and economic

text: factors, including the economic needs of coastal fishing communities and the

text: special requirements of developing States, and taking into account fishing

text: patterns, the interdependence of stocks and any generally recommended

text: international minimum standards, whether subregional, regional or global.

text: 4. In taking such measures the coastal State shall take into

text: consideration the effects on species associated with or dependent upon

text: harvested species with a view to maintaining or restoring populations of such

text: associated or dependent species above levels at which their reproduction may

text: become seriously threatened.

text: 5. Available scientific information, catch and fishing effort statistics,

text: and other data relevant to the conservation of fish stocks shall be contributed

text: and exchanged on a regular basis through competent international

text: organizations, whether subregional, regional or global, where appropriate and

text: with participation by all States concerned, including States whose nationals

text: are allowed to fish in the exclusive economic zone.

text: Article 61

text: Utilization of the living resources

text: 1. The coastal State shall promote the objective of optimum utilization

text: of the living resources in the exclusive economic zone without prejudice to

text: article 61.

text: 2. The coastal State shall determine its capacity to harvest the living

text: resources of the exclusive economic zone. Where the coastal State does not

text: have the capacity to harvest the entire allowable catch, it shall, through

text: agreements or other arrangements and pursuant to the terms, conditions, laws

text: and regulations referred to in paragraph 4, give other States access to the

text: surplus of the allowable catch, having particular regard to the provisions of

text: articles 69 and 70, especially in relation to the developing States mentioned

text: therein.

text: 3. In giving access to other States to its exclusive economic zone under

text: this article, the coastal State shall take into account all relevant factors,

text: including, inter alia, the significance of the living resources of the area to the

text: economy of the coastal State concerned and its other national interests, the

text: provisions of articles 69 and 70, the requirements of developing States in the

text: subregion or region in harvesting part of the surplus and the need to minimize

text: economic dislocation in States whose nationals have habitually fished in the

text: zone or which have made substantial efforts in research and identification of

text: stocks.

text: 4. Nationals of other States fishing in the exclusive economic zone

text: shall comply with the conservation measures and with the other terms and

text: conditions established in the laws and regulations of the coastal State. These

text: laws and regulations shall be consistent with this Convention and may relate,

text: inter alia, to the following:

text: (a) licensing of fishermen, fishing vessels and equipment,

text: including payment of fees and other forms of remuneration,

text: which, in the case of developing coastal States, may consist of

text: adequate compensation in the field of financing, equipment and

text: technology relating to the fishing industry;

text: (b) determining the species which may be caught, and fixing quotas

text: of catch, whether in relation to particular stocks or groups of

text: stocks or catch per vessel over a period of time or to the catch

text: by nationals of any State during a specified period;

text: (c) regulating seasons and areas of fishing, the types, sizes and

text: amount of gear, and the types, sizes and number of fishing

text: vessels that may be used;

text: (d) fixing the age and size of fish and other species that may be

text: caught;

text: (e) specifying information required of fishing vessels, including

text: catch and effort statistics and vessel position reports;

text: (f) requiring, under the authorization and control of the coastal

text: State, the conduct of specified fisheries research programmes

text: and regulating the conduct of such research, including the

text: sampling of catches, disposition of samples and reporting of

text: associated scientific data;

text: (g) the placing of observers or trainees on board such vessels by the

text: coastal State;

text: (h) the landing of all or any part of the catch by such vessels in the

text: ports of the coastal State;

text: (i) terms and conditions relating to joint ventures or other

text: cooperative arrangements;

text: (j) requirements for the training of personnel and the transfer of

text: fisheries technology, including enhancement of the coastal

text: State's capability of undertaking fisheries research;

text: (k) enforcement procedures.

text: 5. Coastal States shall give due notice of conservation and management

text: laws and regulations.

text: Article 62

text: Stocks occurring within the exclusive economic zones of

text: two or more coastal States or both within the exclusive economic zone

text: and in an area beyond and adjacent to it

text: 1. Where the same stock or stocks of associated species occur within

text: the exclusive economic zones of two or more coastal States, these States shall

text: seek, either directly or through appropriate subregional or regional

text: organizations, to agree upon the measures necessary to coordinate and ensure

text: the conservation and development of such stocks without prejudice to the

text: other provisions of this Part.

text: 2. Where the same stock or stocks of associated species occur both

text: within the exclusive economic zone and in an area beyond and adjacent to the

text: zone, the coastal State and the States fishing for such stocks in the adjacent

text: area shall seek, either directly or through appropriate subregional or regional

text: organizations, to agree upon the measures necessary for the conservation of

text: these stocks in the adjacent area.

text: Article 63

text: Highly migratory species

text: 1. The coastal State and other States whose nationals fish in the region

text: for the highly migratory species listed in Annex I shall cooperate directly or

text: through appropriate international organizations with a view to ensuring

text: conservation and promoting the objective of optimum utilization of such

text: species throughout the region, both within and beyond the exclusive

text: economic zone. In regions for which no appropriate international

text: organization exists, the coastal State and other States whose nationals harvest

text: these species in the region shall cooperate to establish such an organization

text: and participate in its work.

text: 2. The provisions of paragraph 1 apply in addition to the other

text: provisions of this Part.

text: Article 64

text: Marine mammals

text: Nothing in this Part restricts the right of a coastal State or the competence

text: of an international organization, as appropriate, to prohibit, limit or regulate

text: the exploitation of marine mammals more strictly than provided for in this

text: Part. States shall cooperate with a view to the conservation of marine

text: mammals and in the case of cetaceans shall in particular work through the

text: appropriate international organizations for their conservation, management

text: and study.

text: Article 65

text: Anadromous stocks

text: 1. States in whose rivers anadromous stocks originate shall have the

text: primary interest in and responsibility for such stocks.

text: 2. The State of origin of anadromous stocks shall ensure their

text: conservation by the establishment of appropriate regulatory measures for

text: fishing in all waters landward of the outer limits of its exclusive economic

text: zone and for fishing provided for in paragraph 3(b). The State of origin may,

text: after consultations with the other States referred to in paragraphs 3 and 4

text: fishing these stocks, establish total allowable catches for stocks originating

text: in its rivers.

text: 3. (a) Fisheries for anadromous stocks shall be conducted only in

text: waters landward of the outer limits of exclusive economic

text: zones, except in cases where this provision would result in

text: economic dislocation for a State other than the State of origin.

text: With respect to such fishing beyond the outer limits of the

text: exclusive economic zone, States concerned shall maintain

text: consultations with a view to achieving agreement on terms and

text: conditions of such fishing giving due regard to the conservation

text: requirements and the needs of the State of origin in respect of

text: these stocks.

text: (b) The State of origin shall cooperate in minimizing economic

text: dislocation in such other States fishing these stocks, taking into

text: account the normal catch and the mode of operations of such

text: States, and all the areas in which such fishing has occurred.

text: (c) States referred to in subparagraph (b), participating by

text: agreement with the State of origin in measures to renew

text: anadromous stocks, particularly by expenditures for that

text: purpose, shall be given special consideration by the State of

text: origin in the harvesting of stocks originating in its rivers.

text: (d) Enforcement of regulations regarding anadromous stocks

text: beyond the exclusive economic zone shall be by agreement

text: between the State of origin and the other States concerned.

text: 4. In cases where anadromous stocks migrate into or through the waters

text: landward of the outer limits of the exclusive economic zone of a State other

text: than the State of origin, such State shall cooperate with the State of origin

text: with regard to the conservation and management of such stocks.

text: 5. The State of origin of anadromous stocks and other States fishing

text: these stocks shall make arrangements for the implementation of the provisions

text: of this article, where appropriate, through regional organizations.

text: Article 66

text: Catadromous species

text: 1. A coastal State in whose waters catadromous species spend the

text: greater part of their life cycle shall have responsibility for the management of

text: these species and shall ensure the ingress and egress of migrating fish.

text: 2. Harvesting of catadromous species shall be conducted only in waters

text: landward of the outer limits of exclusive economic zones. When conducted

text: in exclusive economic zones, harvesting shall be subject to this article and the

text: other provisions of this Convention concerning fishing in these zones.

text: 3. In cases where catadromous fish migrate through the exclusive

text: economic zone of another State, whether as juvenile or maturing fish, the

text: management, including harvesting, of such fish shall be regulated by

text: agreement between the State mentioned in paragraph 1 and the other State

text: concerned. Such agreement shall ensure the rational management of the

text: species and take into account the responsibilities of the State mentioned in

text: paragraph 1 for the maintenance of these species.

text: Article 67

text: Sedentary species

text: This Part does not apply to sedentary species as defined in article 77,

text: paragraph 4.

text: Article 68

text: Right of land-locked States

text: 1. Land-locked States shall have the right to participate, on an equitable

text: basis, in the exploitation of an appropriate part of the surplus of the living

text: resources of the exclusive economic zones of coastal States of the same

text: subregion or region, taking into account the relevant economic and

text: geographical circumstances of all the States concerned and in conformity with

text: the provisions of this article and of articles 61 and 62.

text: 2. The terms and modalities of such participation shall be established

text: by the States concerned through bilateral, subregional or regional agreements

text: taking into account, inter alia:

text: (a) the need to avoid effects detrimental to fishing communities or

text: fishing industries of the coastal State;

text: (b) the extent to which the land-locked State, in accordance with

text: the provisions of this article, is participating or is entitled to

text: participate under existing bilateral, subregional or regional

text: agreements in the exploitation of living resources of the

text: exclusive economic zones of other coastal States;

text: (c) the extent to which other land-locked States and geographically

text: disadvantaged States are participating in the exploitation of the

text: living resources of the exclusive economic zone of the coastal

text: State and the consequent need to avoid a particular burden for

text: any single coastal State or a part of it;

text: (d) the nutritional needs of the populations of the respective States.

text: 3. When the harvesting capacity of a coastal State approaches a point

text: which would enable it to harvest the entire allowable catch of the living

text: resources in its exclusive economic zone, the coastal State and other States

text: concerned shall cooperate in the establishment of equitable arrangements on

text: a bilateral, subregional or regional basis to allow for participation of

text: developing land-locked States of the same subregion or region in the

text: exploitation of the living resources of the exclusive economic zones of coastal

text: States of the subregion or region, as may be appropriate in the circumstances

text: and on terms satisfactory to all parties. In the implementation of this

text: provision the factors mentioned in paragraph 2 shall also be taken into

text: account.

text: 4. Developed land-locked States shall, under the provisions of this

text: article, be entitled to participate in the exploitation of living resources only

text: in the exclusive economic zones of developed coastal States of the same

text: subregion or region having regard to the extent to which the coastal State, in

text: giving access to other States to the living resources of its exclusive economic

text: zone, has taken into account the need to minimize detrimental effects on

text: fishing communities and economic dislocation in States whose nationals have

text: habitually fished in the zone.

text: 5. The above provisions are without prejudice to arrangements agreed

text: upon in subregions or regions where the coastal States may grant to

text: land-locked States of the same subregion or region equal or preferential rights

text: for the exploitation of the living resources in the exclusive economic zones.

text: Article 69

text: Right of geographically disadvantaged States

text: 1. Geographically disadvantaged States shall have the right to

text: participate, on an equitable basis, in the exploitation of an appropriate part of

text: the surplus of the living resources of the exclusive economic zones of coastal

text: States of the same subregion or region, taking into account the relevant

text: economic and geographical circumstances of all the States concerned and in

text: conformity with the provisions of this article and of articles 61 and 62.

text: 2. For the purposes of this Part, "geographically disadvantaged States"

text: means coastal States, including States bordering enclosed or semi-enclosed

text: seas, whose geographical situation makes them dependent upon the

text: exploitation of the living resources of the exclusive economic zones of other

text: States in the subregion or region for adequate supplies of fish for the

text: nutritional purposes of their populations or parts thereof, and coastal States

text: which can claim no exclusive economic zones of their own.

text: 3. The terms and modalities of such participation shall be established

text: taking into account, inter alia:

text: (b) the extent to which the geographically disadvantaged State, in

text: accordance with the provisions of this article, is participating or

text: is entitled to participate under existing bilateral, subregional or

text: regional agreements in the exploitation of living resources of

text: the exclusive economic zones of other coastal States;

text: (c) the extent to which other geographically disadvantaged States

text: and land-locked States are participating in the exploitation of

text: the living resources of the exclusive economic zone of the

text: coastal State and the consequent need to avoid a particular

text: burden for any single coastal State or a part of it;

text: 4. When the harvesting capacity of a coastal State approaches a point

text: developing geographically disadvantaged States of the same subregion or

text: region in the exploitation of the living resources of the exclusive economic

text: zones of coastal States of the subregion or region, as may be appropriate in

text: the circumstances and on terms satisfactory to all parties. In the

text: implementation of this provision the factors mentioned in paragraph 3 shall

text: also be taken into account.

text: 5. Developed geographically disadvantaged States shall, under the

text: provisions of this article, be entitled to participate in the exploitation of living

text: resources only in the exclusive economic zones of developed coastal States

text: of the same subregion or region having regard to the extent to which the

text: coastal State, in giving access to other States to the living resources of its

text: exclusive economic zone, has taken into account the need to minimize

text: detrimental effects on fishing communities and economic dislocation in States

text: whose nationals have habitually fished in the zone.

text: 6. The above provisions are without prejudice to arrangements agreed

text: geographically disadvantaged States of the same subregion or region equal or

text: preferential rights for the exploitation of the living resources in the exclusive

text: economic zones.

text: Article 70

text: Non-applicability of articles 69 and 70

text: The provisions of articles 69 and 70 do not apply in the case of a coastal

text: State whose economy is overwhelmingly dependent on the exploitation of the

text: living resources of its exclusive economic zone.

text: Article 71

text: Restrictions on transfer of rights

text: 1. Rights provided under articles 69 and 70 to exploit living resources

text: shall not be directly or indirectly transferred to third States or their nationals

text: by lease or licence, by establishing joint ventures or in any other manner

text: which has the effect of such transfer unless otherwise agreed by the States

text: concerned.

text: 2. The foregoing provision does not preclude the States concerned from

text: obtaining technical or financial assistance from third States or international

text: organizations in order to facilitate the exercise of the rights pursuant to

text: articles 69 and 70, provided that it does not have the effect referred to in

text: paragraph 1.

text: Article 72

text: Enforcement of laws and regulations of the coastal State

text: 1. The coastal State may, in the exercise of its sovereign rights to

text: explore, exploit, conserve and manage the living resources in the exclusive

text: economic zone, take such measures, including boarding, inspection, arrest

text: and judicial proceedings, as may be necessary to ensure compliance with the

text: laws and regulations adopted by it in conformity with this Convention.

text: 2. Arrested vessels and their crews shall be promptly released upon the

text: posting of reasonable bond or other security.

text: 3. Coastal State penalties for violations of fisheries laws and

text: regulations in the exclusive economic zone may not include imprisonment, in

text: the absence of agreements to the contrary by the States concerned, or any

text: other form of corporal punishment.

text: 4. In cases of arrest or detention of foreign vessels the coastal State

text: shall promptly notify the flag State, through appropriate channels, of the

text: action taken and of any penalties subsequently imposed.

text: Article 73

text: Delimitation of the exclusive economic zone

text: between States with opposite or adjacent coasts

text: 1. The delimitation of the exclusive economic zone between States with

text: opposite or adjacent coasts shall be effected by agreement on the basis of

text: international law, as referred to in Article 38 of the Statute of the

text: International Court of Justice, in order to achieve an equitable solution.

text: 2. If no agreement can be reached within a reasonable period of time,

text: the States concerned shall resort to the procedures provided for in Part XV.

text: 3. Pending agreement as provided for in paragraph 1, the States

text: concerned, in a spirit of understanding and cooperation, shall make every

text: effort to enter into provisional arrangements of a practical nature and, during

text: this transitional period, not to jeopardize or hamper the reaching of the final

text: agreement. Such arrangements shall be without prejudice to the final

text: delimitation.

text: 4. Where there is an agreement in force between the States concerned,

text: questions relating to the delimitation of the exclusive economic zone shall be

text: determined in accordance with the provisions of that agreement.

text: Article 74

text: 1. Subject to this Part, the outer limit lines of the exclusive economic

text: zone and the lines of delimitation drawn in accordance with article 74 shall

text: be shown on charts of a scale or scales adequate for ascertaining their

text: position. Where appropriate, lists of geographical coordinates of points,

text: specifying the geodetic datum, may be substituted for such outer limit lines

text: or lines of delimitation.

text: CONTINENTAL SHELF

text: Article 75

text: Definition of the continental shelf

text: 1. The continental shelf of a coastal State comprises the seabed and

text: subsoil of the submarine areas that extend beyond its territorial sea

text: throughout the natural prolongation of its land territory to the outer edge of

text: the continental margin, or to a distance of 200 nautical miles from the

text: baselines from which the breadth of the territorial sea is measured where the

text: outer edge of the continental margin does not extend up to that distance.

text: 2. The continental shelf of a coastal State shall not extend beyond the

text: limits provided for in paragraphs 4 to 6.

text: 3. The continental margin comprises the submerged prolongation of the

text: land mass of the coastal State, and consists of the seabed and subsoil of the

text: shelf, the slope and the rise. It does not include the deep ocean floor with its

text: oceanic ridges or the subsoil thereof.

text: 4. (a) For the purposes of this Convention, the coastal State shall

text: establish the outer edge of the continental margin wherever the

text: margin extends beyond 200 nautical miles from the baselines

text: from which the breadth of the territorial sea is measured, by

text: either:

text: (i) a line delineated in accordance with paragraph 7 by

text: reference to the outermost fixed points at each of which

text: the thickness of sedimentary rocks is at least 1 per cent of

text: the shortest distance from such point to the foot of the

text: continental slope; or

text: (ii) a line delineated in accordance with paragraph 7 by

text: reference to fixed points not more than 60 nautical miles

text: from the foot of the continental slope.

text: (b) In the absence of evidence to the contrary, the foot of the

text: continental slope shall be determined as the point of maximum

text: change in the gradient at its base.

text: 5. The fixed points comprising the line of the outer limits of the

text: continental shelf on the seabed, drawn in accordance with paragraph 4 (a)(i)

text: and (ii), either shall not exceed 350 nautical miles from the baselines from

text: which the breadth of the territorial sea is measured or shall not exceed

text: 100 nautical miles from the 2,500 metre isobath, which is a line connecting

text: the depth of 2,500 metres.

text: 6. Notwithstanding the provisions of paragraph 5, on submarine ridges,

text: the outer limit of the continental shelf shall not exceed 350 nautical miles

text: This paragraph does not apply to submarine elevations that are natural

text: components of the continental margin, such as its plateaux, rises, caps, banks

text: and spurs.

text: 7. The coastal State shall delineate the outer limits of its continental

text: shelf, where that shelf extends beyond 200 nautical miles from the baselines

text: from which the breadth of the territorial sea is measured, by straight lines not

text: exceeding 60 nautical miles in length, connecting fixed points, defined by

text: coordinates of latitude and longitude.

text: 8. Information on the limits of the continental shelf beyond

text: 200 nautical miles from the baselines from which the breadth of the territorial

text: sea is measured shall be submitted by the coastal State to the Commission on

text: the Limits of the Continental Shelf set up under Annex II on the basis of

text: equitable geographical representation. The Commission shall make

text: recommendations to coastal States on matters related to the establishment of

text: the outer limits of their continental shelf. The limits of the shelf established

text: by a coastal State on the basis of these recommendations shall be final and

text: binding.

text: 9. The coastal State shall deposit with the Secretary-General of the

text: United Nations charts and relevant information, including geodetic data,

text: permanently describing the outer limits of its continental shelf. The

text: Secretary-General shall give due publicity thereto.

text: 10. The provisions of this article are without prejudice to the question

text: of delimitation of the continental shelf between States with opposite or

text: adjacent coasts.

text: Article 76

text: Rights of the coastal State over the continental shelf

text: 1. The coastal State exercises over the continental shelf sovereign

text: rights for the purpose of exploring it and exploiting its natural resources.

text: 2. The rights referred to in paragraph 1 are exclusive in the sense that

text: if the coastal State does not explore the continental shelf or exploit its natural

text: resources, no one may undertake these activities without the express consent

text: of the coastal State.

text: 3. The rights of the coastal State over the continental shelf do not

text: depend on occupation, effective or notional, or on any express proclamation.

text: 4. The natural resources referred to in this Part consist of the mineral

text: and other non-living resources of the seabed and subsoil together with living

text: organisms belonging to sedentary species, that is to say, organisms which, at

text: the harvestable stage, either are immobile on or under the seabed or are

text: unable to move except in constant physical contact with the seabed or the

text: subsoil.

text: Article 77

text: Legal status of the superjacent waters and air space

text: and the rights and freedoms of other States

text: 1. The rights of the coastal State over the continental shelf do not affect

text: the legal status of the superjacent waters or of the air space above those

text: waters.

text: 2. The exercise of the rights of the coastal State over the continental

text: shelf must not infringe or result in any unjustifiable interference with

text: navigation and other rights and freedoms of other States as provided for in

text: this Convention.

text: Article 78

text: Submarine cables and pipelines on the continental shelf

text: 1. All States are entitled to lay submarine cables and pipelines on the

text: continental shelf, in accordance with the provisions of this article.

text: 2. Subject to its right to take reasonable measures for the exploration

text: of the continental shelf, the exploitation of its natural resources and the

text: prevention, reduction and control of pollution from pipelines, the coastal

text: State may not impede the laying or maintenance of such cables or pipelines.

text: 3. The delineation of the course for the laying of such pipelines on the

text: continental shelf is subject to the consent of the coastal State.

text: 4. Nothing in this Part affects the right of the coastal State to establish

text: conditions for cables or pipelines entering its territory or territorial sea, or its

text: jurisdiction over cables and pipelines constructed or used in connection with

text: the exploration of its continental shelf or exploitation of its resources or the

text: operations of artificial islands, installations and structures under its

text: jurisdiction.

text: 5. When laying submarine cables or pipelines, States shall have due

text: regard to cables or pipelines already in position. In particular, possibilities

text: of repairing existing cables or pipelines shall not be prejudiced.

text: Article 79

text: Artificial islands, installations and structures on the continental shelf

text: Article 60 applies mutatis mutandis to artificial islands, installations and

text: structures on the continental shelf.

text: Article 80

text: Drilling on the continental shelf

text: The coastal State shall have the exclusive right to authorize and regulate

text: drilling on the continental shelf for all purposes.

text: Article 81

text: Payments and contributions with respect to the

text: exploitation of the continental shelf beyond 200 nautical miles

text: 1. The coastal State shall make payments or contributions in kind in

text: respect of the exploitation of the non-living resources of the continental shelf

text: beyond 200 nautical miles from the baselines from which the breadth of the

text: territorial sea is measured.

text: 2. The payments and contributions shall be made annually with respect

text: to all production at a site after the first five years of production at that site.

text: For the sixth year, the rate of payment or contribution shall be 1 per cent of

text: the value or volume of production at the site. The rate shall increase by

text: 1 per cent for each subsequent year until the twelfth year and shall remain at

text: 7 per cent thereafter. Production does not include resources used in

text: connection with exploitation.

text: 3. A developing State which is a net importer of a mineral resource

text: produced from its continental shelf is exempt from making such payments or

text: contributions in respect of that mineral resource.

text: 4. The payments or contributions shall be made through the Authority,

text: which shall distribute them to States Parties to this Convention, on the basis

text: of equitable sharing criteria, taking into account the interests and needs of

text: developing States, particularly the least developed and the land-locked among

text: them.

text: Article 82

text: Delimitation of the continental shelf

text: 1. The delimitation of the continental shelf between States with

text: delimitation.

text: questions relating to the delimitation of the continental shelf shall be

text: Article 83

text: 1. Subject to this Part, the outer limit lines of the continental shelf and

text: the lines of delimitation drawn in accordance with article 83 shall be shown

text: on charts of a scale or scales adequate for ascertaining their position. Where

text: appropriate, lists of geographical coordinates of points, specifying the

text: geodetic datum, may be substituted for such outer limit lines or lines of

text: delimitation.

text: with the Secretary-General of the United Nations and, in the case of those

text: showing the outer limit lines of the continental shelf, with the

text: Secretary-General of the Authority.

text: Article 84

text: Tunnelling

text: This Part does not prejudice the right of the coastal State to exploit the

text: subsoil by means of tunnelling, irrespective of the depth of water above the

text: subsoil.

text: HIGH SEAS

text: SECTION 1. GENERAL PROVISIONS

text: Article 85

text: Application of the provisions of this Part

text: The provisions of this Part apply to all parts of the sea that are not

text: included in the exclusive economic zone, in the territorial sea or in the

text: internal waters of a State, or in the archipelagic waters of an archipelagic

text: State. This article does not entail any abridgement of the freedoms enjoyed

text: by all States in the exclusive economic zone in accordance with article 58.

text: Article 86

text: Freedom of the high seas

text: 1. The high seas are open to all States, whether coastal or land-locked.

text: Freedom of the high seas is exercised under the conditions laid down by this

text: Convention and by other rules of international law. It comprises, inter alia,

text: both for coastal and land-locked States:

text: (a) freedom of navigation;

text: (b) freedom of overflight;

text: (c) freedom to lay submarine cables and pipelines, subject to

text: (d) freedom to construct artificial islands and other installations

text: permitted under international law, subject to Part VI;

text: (e) freedom of fishing, subject to the conditions laid down in

text: (f) freedom of scientific research, subject to Parts VI and XIII.

text: 2. These freedoms shall be exercised by all States with due regard for

text: the interests of other States in their exercise of the freedom of the high seas,

text: and also with due regard for the rights under this Convention with respect to

text: activities in the Area.

text: Article 87

text: Reservation of the high seas for peaceful purposes

text: The high seas shall be reserved for peaceful purposes.

text: Article 88

text: Invalidity of claims of sovereignty over the high seas

text: No State may validly purport to subject any part of the high seas to its

text: sovereignty.

text: Article 89

text: Right of navigation

text: Every State, whether coastal or land-locked, has the right to sail ships

text: flying its flag on the high seas.

text: Article 90

text: Nationality of ships

text: 1. Every State shall fix the conditions for the grant of its nationality to

text: ships, for the registration of ships in its territory, and for the right to fly its

text: flag. Ships have the nationality of the State whose flag they are entitled to

text: fly. There must exist a genuine link between the State and the ship.

text: 2. Every State shall issue to ships to which it has granted the right to

text: fly its flag documents to that effect.

text: Article 91

text: Status of ships

text: 1. Ships shall sail under the flag of one State only and, save in

text: exceptional cases expressly provided for in international treaties or in this

text: Convention, shall be subject to its exclusive jurisdiction on the high seas.

text: A ship may not change its flag during a voyage or while in a port of call, save

text: in the case of a real transfer of ownership or change of registry.

text: 2. A ship which sails under the flags of two or more States, using them

text: according to convenience, may not claim any of the nationalities in question

text: with respect to any other State, and may be assimilated to a ship without

text: nationality.

text: Article 92

text: Ships flying the flag of the United Nations, its specialized agencies

text: and the International Atomic Energy Agency

text: The preceding articles do not prejudice the question of ships employed

text: on the official service of the United Nations, its specialized agencies or the

text: International Atomic Energy Agency, flying the flag of the organization.

text: Article 93

text: Duties of the flag State

text: 1. Every State shall effectively exercise its jurisdiction and control in

text: administrative, technical and social matters over ships flying its flag.

text: 2. In particular every State shall:

text: (a) maintain a register of ships containing the names and particulars

text: of ships flying its flag, except those which are excluded from

text: generally accepted international regulations on account of their

text: small size; and

text: (b) assume jurisdiction under its internal law over each ship flying

text: its flag and its master, officers and crew in respect of

text: administrative, technical and social matters concerning the ship.

text: 3. Every State shall take such measures for ships flying its flag as are

text: necessary to ensure safety at sea with regard, inter alia, to:

text: (a) the construction, equipment and seaworthiness of ships;

text: (b) the manning of ships, labour conditions and the training of

text: crews, taking into account the applicable international

text: instruments;

text: (c) the use of signals, the maintenance of communications and the

text: prevention of collisions.

text: 4. Such measures shall include those necessary to ensure:

text: (a) that each ship, before registration and thereafter at appropriate

text: intervals, is surveyed by a qualified surveyor of ships, and has

text: on board such charts, nautical publications and navigational

text: equipment and instruments as are appropriate for the safe

text: navigation of the ship;

text: (b) that each ship is in the charge of a master and officers who

text: possess appropriate qualifications, in particular in seamanship,

text: navigation, communications and marine engineering, and that

text: the crew is appropriate in qualification and numbers for the

text: type, size, machinery and equipment of the ship;

text: (c) that the master, officers and, to the extent appropriate, the crew

text: are fully conversant with and required to observe the applicable

text: international regulations concerning the safety of life at sea, the

text: prevention of collisions, the prevention, reduction and control

text: of marine pollution, and the maintenance of communications by

text: radio.

text: 5. In taking the measures called for in paragraphs 3 and 4 each State is

text: required to conform to generally accepted international regulations,

text: procedures and practices and to take any steps which may be necessary to

text: secure their observance.

text: 6. A State which has clear grounds to believe that proper jurisdiction

text: and control with respect to a ship have not been exercised may report the facts

text: to the flag State. Upon receiving such a report, the flag State shall investigate

text: the matter and, if appropriate, take any action necessary to remedy the

text: situation.

text: 7. Each State shall cause an inquiry to be held by or before a suitably

text: qualified person or persons into every marine casualty or incident of

text: navigation on the high seas involving a ship flying its flag and causing loss

text: of life or serious injury to nationals of another State or serious damage to

text: ships or installations of another State or to the marine environment. The flag

text: State and the other State shall cooperate in the conduct of any inquiry held by

text: that other State into any such marine casualty or incident of navigation.

text: Article 94

text: Immunity of warships on the high seas

text: Warships on the high seas have complete immunity from the jurisdiction

text: of any State other than the flag State.

text: Article 95

text: Immunity of ships used only on government non-commercial service

text: Ships owned or operated by a State and used only on government

text: non-commercial service shall, on the high seas, have complete immunity from

text: the jurisdiction of any State other than the flag State.

text: Article 96

text: Penal jurisdiction in matters of collision or any other incident of

text: navigation

text: 1. In the event of a collision or any other incident of navigation

text: concerning a ship on the high seas, involving the penal or disciplinary

text: responsibility of the master or of any other person in the service of the ship,

text: no penal or disciplinary proceedings may be instituted against such person

text: except before the judicial or administrative authorities either of the flag State

text: or of the State of which such person is a national.

text: 2. In disciplinary matters, the State which has issued a master's

text: certificate or a certificate of competence or licence shall alone be competent,

text: after due legal process, to pronounce the withdrawal of such certificates, even

text: if the holder is not a national of the State which issued them.

text: 3. No arrest or detention of the ship, even as a measure of

text: investigation, shall be ordered by any authorities other than those of the flag

text: State.

text: Article 97

text: Duty to render assistance

text: 1. Every State shall require the master of a ship flying its flag, in so far

text: as he can do so without serious danger to the ship, the crew or the passengers:

text: (a) to render assistance to any person found at sea in danger of

text: being lost;

text: (b) to proceed with all possible speed to the rescue of persons in

text: distress, if informed of their need of assistance, in so far as such

text: action may reasonably be expected of him;

text: (c) after a collision, to render assistance to the other ship, its crew

text: and its passengers and, where possible, to inform the other ship

text: of the name of his own ship, its port of registry and the nearest

text: port at which it will call.

text: 2. Every coastal State shall promote the establishment, operation and

text: maintenance of an adequate and effective search and rescue service regarding

text: safety on and over the sea and, where circumstances so require, by way of

text: mutual regional arrangements cooperate with neighbouring States for this

text: purpose.

text: Article 98

text: Prohibition of the transport of slaves

text: Every State shall take effective measures to prevent and punish the

text: transport of slaves in ships authorized to fly its flag and to prevent the

text: unlawful use of its flag for that purpose. Any slave taking refuge on board

text: any ship, whatever its flag, shall ipso facto be free.

text: Article 99

text: Duty to cooperate in the repression of piracy

text: All States shall cooperate to the fullest possible extent in the repression

text: of piracy on the high seas or in any other place outside the jurisdiction of any

text: State.

text: Article 100

text: Definition of piracy

text: Piracy consists of any of the following acts:

text: (a) any illegal acts of violence or detention, or any act of

text: depredation, committed for private ends by the crew or the

text: passengers of a private ship or a private aircraft, and directed:

text: (i) on the high seas, against another ship or aircraft, or

text: against persons or property on board such ship or aircraft;

text: (ii) against a ship, aircraft, persons or property in a place

text: outside the jurisdiction of any State;

text: (b) any act of voluntary participation in the operation of a ship or

text: of an aircraft with knowledge of facts making it a pirate ship or

text: aircraft;

text: (c) any act of inciting or of intentionally facilitating an act

text: described in subparagraph (a) or (b).

text: Article 101

text: Piracy by a warship, government ship or government aircraft

text: whose crew has mutinied

text: The acts of piracy, as defined in article 101, committed by a warship,

text: government ship or government aircraft whose crew has mutinied and taken

text: control of the ship or aircraft are assimilated to acts committed by a private

text: ship or aircraft.

text: Article 102

text: Definition of a pirate ship or aircraft

text: A ship or aircraft is considered a pirate ship or aircraft if it is intended by

text: the persons in dominant control to be used for the purpose of committing one

text: of the acts referred to in article 101. The same applies if the ship or aircraft

text: has been used to commit any such act, so long as it remains under the control

text: of the persons guilty of that act.

text: Article 103

text: Retention or loss of the nationality of a pirate ship or aircraft

text: A ship or aircraft may retain its nationality although it has become a

text: pirate ship or aircraft. The retention or loss of nationality is determined by

text: the law of the State from which such nationality was derived.

text: Article 104

text: Seizure of a pirate ship or aircraft

text: On the high seas, or in any other place outside the jurisdiction of any

text: State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken

text: by piracy and under the control of pirates, and arrest the persons and seize the

text: property on board. The courts of the State which carried out the seizure may

text: decide upon the penalties to be imposed, and may also determine the action

text: to be taken with regard to the ships, aircraft or property, subject to the rights

text: of third parties acting in good faith.

text: Article 105

text: Liability for seizure without adequate grounds

text: Where the seizure of a ship or aircraft on suspicion of piracy has been

text: effected without adequate grounds, the State making the seizure shall be

text: liable to the State the nationality of which is possessed by the ship or aircraft

text: for any loss or damage caused by the seizure.

text: Article 106

text: Ships and aircraft which are entitled to seize on account of piracy

text: A seizure on account of piracy may be carried out only by warships or

text: military aircraft, or other ships or aircraft clearly marked and identifiable as

text: being on government service and authorized to that effect.

text: Article 107

text: Illicit traffic in narcotic drugs or psychotropic substances

text: 1. All States shall cooperate in the suppression of illicit traffic in

text: narcotic drugs and psychotropic substances engaged in by ships on the high

text: seas contrary to international conventions.

text: 2. Any State which has reasonable grounds for believing that a ship

text: flying its flag is engaged in illicit traffic in narcotic drugs or psychotropic

text: substances may request the cooperation of other States to suppress such

text: traffic.

text: Article 108

text: Unauthorized broadcasting from the high seas

text: 1. All States shall cooperate in the suppression of unauthorized

text: broadcasting from the high seas.

text: 2. For the purposes of this Convention, "unauthorized broadcasting"

text: means the transmission of sound radio or television broadcasts from a ship or

text: installation on the high seas intended for reception by the general public

text: contrary to international regulations, but excluding the transmission of

text: distress calls.

text: 3. Any person engaged in unauthorized broadcasting may be

text: prosecuted before the court of:

text: (a) the flag State of the ship;

text: (b) the State of registry of the installation;

text: (c) the State of which the person is a national;

text: (d) any State where the transmissions can be received; or

text: (e) any State where authorized radio communication is suffering

text: interference.

text: 4. On the high seas, a State having jurisdiction in accordance with

text: paragraph 3 may, in conformity with article 110, arrest any person or ship

text: engaged in unauthorized broadcasting and seize the broadcasting apparatus.

text: Article 109

text: Right of visit

text: 1. Except where acts of interference derive from powers conferred by

text: treaty, a warship which encounters on the high seas a foreign ship, other than

text: a ship entitled to complete immunity in accordance with articles 95 and 96,

text: is not justified in boarding it unless there is reasonable ground for suspecting

text: that:

text: (a) the ship is engaged in piracy;

text: (b) the ship is engaged in the slave trade;

text: (c) the ship is engaged in unauthorized broadcasting and the flag

text: State of the warship has jurisdiction under article 109;

text: (d) the ship is without nationality; or

text: (e) though flying a foreign flag or refusing to show its flag, the ship

text: is, in reality, of the same nationality as the warship.

text: 2. In the cases provided for in paragraph 1, the warship may proceed

text: to verify the ship's right to fly its flag. To this end, it may send a boat under

text: the command of an officer to the suspected ship. If suspicion remains after

text: the documents have been checked, it may proceed to a further examination on

text: board the ship, which must be carried out with all possible consideration.

text: 3. If the suspicions prove to be unfounded, and provided that the ship

text: boarded has not committed any act justifying them, it shall be compensated

text: for any loss or damage that may have been sustained.

text: 4. These provisions apply mutatis mutandis to military aircraft.

text: 5. These provisions also apply to any other duly authorized ships or

text: aircraft clearly marked and identifiable as being on government service.

text: Article 110

text: Right of hot pursuit

text: 1. The hot pursuit of a foreign ship may be undertaken when the

text: competent authorities of the coastal State have good reason to believe that the

text: ship has violated the laws and regulations of that State. Such pursuit must be

text: commenced when the foreign ship or one of its boats is within the internal

text: waters, the archipelagic waters, the territorial sea or the contiguous zone of

text: the pursuing State, and may only be continued outside the territorial sea or the

text: contiguous zone if the pursuit has not been interrupted. It is not necessary

text: that, at the time when the foreign ship within the territorial sea or the

text: contiguous zone receives the order to stop, the ship giving the order should

text: likewise be within the territorial sea or the contiguous zone. If the foreign

text: ship is within a contiguous zone, as defined in article 33, the pursuit may only

text: be undertaken if there has been a violation of the rights for the protection of

text: which the zone was established.

text: 2. The right of hot pursuit shall apply mutatis mutandis to violations in

text: the exclusive economic zone or on the continental shelf, including safety

text: zones around continental shelf installations, of the laws and regulations of the

text: coastal State applicable in accordance with this Convention to the exclusive

text: economic zone or the continental shelf, including such safety zones.

text: 3. The right of hot pursuit ceases as soon as the ship pursued enters the

text: territorial sea of its own State or of a third State.

text: 4. Hot pursuit is not deemed to have begun unless the pursuing ship has

text: satisfied itself by such practicable means as may be available that the ship

text: pursued or one of its boats or other craft working as a team and using the ship

text: pursued as a mother ship is within the limits of the territorial sea, or, as the

text: case may be, within the contiguous zone or the exclusive economic zone or

text: above the continental shelf. The pursuit may only be commenced after a

text: visual or auditory signal to stop has been given at a distance which enables

text: it to be seen or heard by the foreign ship.

text: 5. The right of hot pursuit may be exercised only by warships or

text: 6. Where hot pursuit is effected by an aircraft:

text: (a) the provisions of paragraphs 1 to 4 shall apply

text: mutatis mutandis;

text: (b) the aircraft giving the order to stop must itself actively pursue

text: the ship until a ship or another aircraft of the coastal State,

text: summoned by the aircraft, arrives to take over the pursuit,

text: unless the aircraft is itself able to arrest the ship. It does not

text: suffice to justify an arrest outside the territorial sea that the ship

text: was merely sighted by the aircraft as an offender or suspected

text: offender, if it was not both ordered to stop and pursued by the

text: aircraft itself or other aircraft or ships which continue the

text: pursuit without interruption.

text: 7. The release of a ship arrested within the jurisdiction of a State and

text: escorted to a port of that State for the purposes of an inquiry before the

text: competent authorities may not be claimed solely on the ground that the ship,

text: in the course of its voyage, was escorted across a portion of the exclusive

text: economic zone or the high seas, if the circumstances rendered this necessary.

text: 8. Where a ship has been stopped or arrested outside the territorial sea

text: in circumstances which do not justify the exercise of the right of hot pursuit,

text: it shall be compensated for any loss or damage that may have been thereby

text: sustained.

text: Article 111

text: Right to lay submarine cables and pipelines

text: bed of the high seas beyond the continental shelf.

text: 2. Article 79, paragraph 5, applies to such cables and pipelines.

text: Article 112

text: Breaking or injury of a submarine cable or pipeline

text: Every State shall adopt the laws and regulations necessary to provide that

text: the breaking or injury by a ship flying its flag or by a person subject to its

text: jurisdiction of a submarine cable beneath the high seas done wilfully or

text: through culpable negligence, in such a manner as to be liable to interrupt or

text: obstruct telegraphic or telephonic communications, and similarly the breaking

text: or injury of a submarine pipeline or high-voltage power cable, shall be a

text: punishable offence. This provision shall apply also to conduct calculated or

text: likely to result in such breaking or injury. However, it shall not apply to any

text: break or injury caused by persons who acted merely with the legitimate object

text: of saving their lives or their ships, after having taken all necessary

text: precautions to avoid such break or injury.

text: Article 113

text: Breaking or injury by owners of a submarine cable or pipeline

text: of another submarine cable or pipeline

text: Every State shall adopt the laws and regulations necessary to provide

text: that, if persons subject to its jurisdiction who are the owners of a submarine

text: cable or pipeline beneath the high seas, in laying or repairing that cable or

text: pipeline, cause a break in or injury to another cable or pipeline, they shall

text: bear the cost of the repairs.

text: Article 114

text: Indemnity for loss incurred in avoiding injury

text: to a submarine cable or pipeline

text: Every State shall adopt the laws and regulations necessary to ensure that

text: the owners of ships who can prove that they have sacrificed an anchor, a net

text: or any other fishing gear, in order to avoid injuring a submarine cable or

text: pipeline, shall be indemnified by the owner of the cable or pipeline, provided

text: that the owner of the ship has taken all reasonable precautionary measures

text: beforehand.

text: SECTION 2. CONSERVATION AND MANAGEMENT OF THE

text: LIVING RESOURCES OF THE HIGH SEAS

text: Article 115

text: Right to fish on the high seas

text: All States have the right for their nationals to engage in fishing on the

text: high seas subject to:

text: (a) their treaty obligations;

text: (b) the rights and duties as well as the interests of coastal States

text: provided for, inter alia, in article 63, paragraph 2, and articles 64

text: to 67; and

text: (c) the provisions of this section.

text: Article 116

text: Duty of States to adopt with respect to their nationals

text: measures for the conservation of the living resources of the high seas

text: All States have the duty to take, or to cooperate with other States in

text: taking, such measures for their respective nationals as may be necessary for

text: the conservation of the living resources of the high seas.

text: Article 117

text: Cooperation of States in the conservation and management

text: of living resources

text: States shall cooperate with each other in the conservation and

text: management of living resources in the areas of the high seas. States whose

text: nationals exploit identical living resources, or different living resources in the

text: same area, shall enter into negotiations with a view to taking the measures

text: necessary for the conservation of the living resources concerned. They shall,

text: as appropriate, cooperate to establish subregional or regional fisheries

text: organizations to this end.

text: Article 118

text: Conservation of the living resources of the high seas

text: 1. In determining the allowable catch and establishing other

text: conservation measures for the living resources in the high seas, States shall:

text: (a) take measures which are designed, on the best scientific

text: evidence available to the States concerned, to maintain or

text: restore populations of harvested species at levels which can

text: produce the maximum sustainable yield, as qualified by relevant

text: environmental and economic factors, including the special

text: requirements of developing States, and taking into account

text: fishing patterns, the interdependence of stocks and any

text: generally recommended international minimum standards,

text: whether subregional, regional or global;

text: (b) take into consideration the effects on species associated with or

text: dependent upon harvested species with a view to maintaining or

text: restoring populations of such associated or dependent species

text: above levels at which their reproduction may become seriously

text: threatened.

text: 2. Available scientific information, catch and fishing effort statistics,

text: with participation by all States concerned.

text: 3. States concerned shall ensure that conservation measures and their

text: implementation do not discriminate in form or in fact against the fishermen

text: of any State.

text: Article 119

text: Marine mammals

text: Article 65 also applies to the conservation and management of marine

text: mammals in the high seas.

text: REGIME OF ISLANDS

text: Article 120

text: Regime of islands

text: 1. An island is a naturally formed area of land, surrounded by water,

text: which is above water at high tide.

text: 2. Except as provided for in paragraph 3, the territorial sea, the

text: contiguous zone, the exclusive economic zone and the continental shelf of an

text: island are determined in accordance with the provisions of this Convention

text: applicable to other land territory.

text: 3. Rocks which cannot sustain human habitation or economic life of

text: their own shall have no exclusive economic zone or continental shelf.

text: ENCLOSED OR SEMI-ENCLOSED SEAS

text: Article 121

text: Definition

text: For the purposes of this Convention, "enclosed or semi-enclosed sea"

text: means a gulf, basin or sea surrounded by two or more States and connected

text: to another sea or the ocean by a narrow outlet or consisting entirely or

text: primarily of the territorial seas and exclusive economic zones of two or more

text: coastal States.

text: Article 122

text: Cooperation of States bordering enclosed or semi-enclosed seas

text: States bordering an enclosed or semi-enclosed sea should cooperate with

text: each other in the exercise of their rights and in the performance of their duties

text: under this Convention. To this end they shall endeavour, directly or through

text: an appropriate regional organization:

text: (a) to coordinate the management, conservation, exploration and

text: exploitation of the living resources of the sea;

text: (b) to coordinate the implementation of their rights and duties with

text: respect to the protection and preservation of the marine

text: environment;

text: (c) to coordinate their scientific research policies and undertake where

text: appropriate joint programmes of scientific research in the area;

text: (d) to invite, as appropriate, other interested States or international

text: organizations to cooperate with them in furtherance of the

text: provisions of this article.

text: RIGHT OF ACCESS OF LAND-LOCKED

text: STATES TO AND FROM THE SEA

text: AND FREEDOM OF TRANSIT

text: Article 123

text: Use of terms

text: For the purposes of this Convention:

text: (a) "land-locked State" means a State which has no sea-coast;

text: (b) "transit State" means a State, with or without a sea-coast,

text: situated between a land-locked State and the sea, through whose

text: territory traffic in transit passes;

text: (c) "traffic in transit" means transit of persons, baggage, goods and

text: means of transport across the territory of one or more transit

text: States, when the passage across such territory, with or without

text: trans-shipment, warehousing, breaking bulk or change in the

text: mode of transport, is only a portion of a complete journey

text: which begins or terminates within the territory of the

text: land-locked State;

text: (d) "means of transport" means:

text: (i) railway rolling stock, sea, lake and river craft and road

text: vehicles;

text: (ii) where local conditions so require, porters and pack

text: animals.

text: 2. Land-locked States and transit States may, by agreement between

text: them, include as means of transport pipelines and gas lines and means of

text: transport other than those included in paragraph 1.

text: Article 124

text: Right of access to and from the sea and freedom of transit

text: 1. Land-locked States shall have the right of access to and from the sea

text: for the purpose of exercising the rights provided for in this Convention

text: including those relating to the freedom of the high seas and the common

text: heritage of mankind. To this end, land-locked States shall enjoy freedom of

text: transit through the territory of transit States by all means of transport.

text: 2. The terms and modalities for exercising freedom of transit shall be

text: agreed between the land-locked States and transit States concerned through

text: bilateral, subregional or regional agreements.

text: 3. Transit States, in the exercise of their full sovereignty over their

text: territory, shall have the right to take all measures necessary to ensure that the

text: rights and facilities provided for in this Part for land-locked States shall in no

text: way infringe their legitimate interests.

text: Article 125

text: Exclusion of application of the most-favoured-nation clause

text: The provisions of this Convention, as well as special agreements relating

text: to the exercise of the right of access to and from the sea, establishing rights

text: and facilities on account of the special geographical position of land-locked

text: States, are excluded from the application of the most-favoured-nation clause.

text: Article 126

text: Customs duties, taxes and other charges

text: 1. Traffic in transit shall not be subject to any customs duties, taxes or

text: other charges except charges levied for specific services rendered in

text: connection with such traffic.

text: 2. Means of transport in transit and other facilities provided for and

text: used by land-locked States shall not be subject to taxes or charges higher than

text: those levied for the use of means of transport of the transit State.

text: Article 127

text: Free zones and other customs facilities

text: For the convenience of traffic in transit, free zones or other customs

text: facilities may be provided at the ports of entry and exit in the transit States,

text: by agreement between those States and the land-locked States.

text: Article 128

text: Cooperation in the construction and improvement of means of transport

text: Where there are no means of transport in transit States to give effect to

text: the freedom of transit or where the existing means, including the port

text: installations and equipment, are inadequate in any respect, the transit States

text: and land-locked States concerned may cooperate in constructing or improving

text: them.

text: Article 129

text: Measures to avoid or eliminate delays

text: or other difficulties of a technical nature in traffic in transit

text: 1. Transit States shall take all appropriate measures to avoid delays or

text: other difficulties of a technical nature in traffic in transit.

text: 2. Should such delays or difficulties occur, the competent authorities

text: of the transit States and land-locked States concerned shall cooperate towards

text: their expeditious elimination.

text: Article 130

text: Equal treatment in maritime ports

text: Ships flying the flag of land-locked States shall enjoy treatment equal to

text: that accorded to other foreign ships in maritime ports.

text: Article 131

text: Grant of greater transit facilities

text: This Convention does not entail in any way the withdrawal of transit

text: facilities which are greater than those provided for in this Convention and

text: which are agreed between States Parties to this Convention or granted by a

text: State Party. This Convention also does not preclude such grant of greater

text: facilities in the future.

text: THE AREA

text: SECTION 1. GENERAL PROVISIONS

text: Article 132

text: Use of terms

text: For the purposes of this Part:

text: (a) "resources" means all solid, liquid or gaseous mineral resources

text: in situ in the Area at or beneath the seabed, including polymetallic

text: nodules;

text: (b) resources, when recovered from the Area, are referred to as

text: "minerals".

text: Article 133

text: Scope of this Part

text: This Part applies to the Area.

text: Activities in the Area shall be governed by the provisions of this

text: Part.

text: The requirements concerning deposit of, and publicity to be given

text: to, the charts or lists of geographical coordinates showing the limits

text: referred to in article l, paragraph l(1), are set forth in Part VI.

text: Nothing in this article affects the establishment of the outer limits of

text: the continental shelf in accordance with Part VI or the validity of

text: agreements relating to delimitation between States with opposite or

text: adjacent coasts.

text: Article 134

text: Neither this Part nor any rights granted or exercised pursuant thereto

text: shall affect the legal status of the waters superjacent to the Area or that of the

text: air space above those waters.

text: SECTION 2. PRINCIPLES GOVERNING THE AREA

text: Article 135

text: Common heritage of mankind

text: The Area and its resources are the common heritage of mankind.

text: Article 136

text: Legal status of the Area and its resources

text: 1. No State shall claim or exercise sovereignty or sovereign rights over

text: any part of the Area or its resources, nor shall any State or natural or juridical

text: person appropriate any part thereof. No such claim or exercise of sovereignty

text: or sovereign rights nor such appropriation shall be recognized.

text: 2. All rights in the resources of the Area are vested in mankind as a

text: whole, on whose behalf the Authority shall act. These resources are not

text: subject to alienation. The minerals recovered from the Area, however, may

text: only be alienated in accordance with this Part and the rules, regulations and

text: procedures of the Authority.

text: 3. No State or natural or juridical person shall claim, acquire or

text: exercise rights with respect to the minerals recovered from the Area except

text: in accordance with this Part. Otherwise, no such claim, acquisition or

text: exercise of such rights shall be recognized.

text: Article 137

text: General conduct of States in relation to the Area

text: The general conduct of States in relation to the Area shall be in

text: accordance with the provisions of this Part, the principles embodied in the

text: Charter of the United Nations and other rules of international law in the

text: interests of maintaining peace and security and promoting international

text: cooperation and mutual understanding.

text: Article 138

text: Responsibility to ensure compliance and liability for damage

text: 1. States Parties shall have the responsibility to ensure that activities in

text: the Area, whether carried out by States Parties, or state enterprises or natural

text: or juridical persons which possess the nationality of States Parties or are

text: effectively controlled by them or their nationals, shall be carried out in

text: conformity with this Part. The same responsibility applies to international

text: organizations for activities in the Area carried out by such organizations.

text: 2. Without prejudice to the rules of international law and Annex III,

text: article 22, damage caused by the failure of a State Party or international

text: organization to carry out its responsibilities under this Part shall entail

text: liability; States Parties or international organizations acting together shall bear

text: joint and several liability. A State Party shall not however be liable for

text: damage caused by any failure to comply with this Part by a person whom it

text: has sponsored under article 153, paragraph 2(b), if the State Party has taken

text: all necessary and appropriate measures to secure effective compliance under

text: article 153, paragraph 4, and Annex III, article 4, paragraph 4.

text: 3. States Parties that are members of international organizations shall

text: take appropriate measures to ensure the implementation of this article with

text: respect to such organizations.

text: Article 139

text: Benefit of mankind

text: 1. Activities in the Area shall, as specifically provided for in this Part,

text: be carried out for the benefit of mankind as a whole, irrespective of the

text: geographical location of States, whether coastal or land-locked, and taking

text: into particular consideration the interests and needs of developing States and

text: of peoples who have not attained full independence or other self-governing

text: status recognized by the United Nations in accordance with General

text: Assembly resolution 1514 (XV) and other relevant General Assembly

text: resolutions.

text: 2. The Authority shall provide for the equitable sharing of financial and

text: other economic benefits derived from activities in the Area through any

text: appropriate mechanism, on a non-discriminatory basis, in accordance with

text: article 160, paragraph 2(f)(i).

text: Article 140

text: Use of the Area exclusively for peaceful purposes

text: The Area shall be open to use exclusively for peaceful purposes by all

text: States, whether coastal or land-locked, without discrimination and without

text: prejudice to the other provisions of this Part.

text: Article 141

text: Rights and legitimate interests of coastal States

text: 1. Activities in the Area, with respect to resource deposits in the Area

text: which lie across limits of national jurisdiction, shall be conducted with due

text: regard to the rights and legitimate interests of any coastal State across whose

text: jurisdiction such deposits lie.

text: 2. Consultations, including a system of prior notification, shall be

text: maintained with the State concerned, with a view to avoiding infringement of

text: such rights and interests. In cases where activities in the Area may result in

text: the exploitation of resources lying within national jurisdiction, the prior

text: consent of the coastal State concerned shall be required.

text: 3. Neither this Part nor any rights granted or exercised pursuant thereto

text: shall affect the rights of coastal States to take such measures consistent with

text: the relevant provisions of Part XII as may be necessary to prevent, mitigate

text: or eliminate grave and imminent danger to their coastline, or related interests

text: from pollution or threat thereof or from other hazardous occurrences resulting

text: from or caused by any activities in the Area.

text: Article 142

text: Marine scientific research

text: 1. Marine scientific research in the Area shall be carried out

text: exclusively for peaceful purposes and for the benefit of mankind as a whole,

text: in accordance with Part XIII.

text: 2. The Authority may carry out marine scientific research concerning

text: the Area and its resources, and may enter into contracts for that purpose. The

text: Authority shall promote and encourage the conduct of marine scientific

text: research in the Area, and shall coordinate and disseminate the results of such

text: research and analysis when available.

text: 3. States Parties may carry out marine scientific research in the Area.

text: States Parties shall promote international cooperation in marine scientific

text: research in the Area by:

text: (a) participating in international programmes and encouraging

text: cooperation in marine scientific research by personnel of

text: different countries and of the Authority;

text: (b) ensuring that programmes are developed through the Authority

text: or other international organizations as appropriate for the

text: benefit of developing States and technologically less developed

text: States with a view to:

text: (i) strengthening their research capabilities;

text: (ii) training their personnel and the personnel of the Authority

text: in the techniques and applications of research;

text: (iii) fostering the employment of their qualified personnel in

text: research in the Area;

text: (c) effectively disseminating the results of research and analysis

text: when available, through the Authority or other international

text: channels when appropriate.

text: Article 143

text: Transfer of technology

text: 1. The Authority shall take measures in accordance with this

text: Convention:

text: (a) to acquire technology and scientific knowledge relating to

text: activities in the Area; and

text: (b) to promote and encourage the transfer to developing States of

text: such technology and scientific knowledge so that all States

text: Parties benefit therefrom.

text: 2. To this end the Authority and States Parties shall cooperate in

text: promoting the transfer of technology and scientific knowledge relating to

text: activities in the Area so that the Enterprise and all States Parties may benefit

text: therefrom. In particular they shall initiate and promote:

text: (a) programmes for the transfer of technology to the Enterprise and

text: to developing States with regard to activities in the Area,

text: including, inter alia, facilitating the access of the Enterprise and

text: of developing States to the relevant technology, under fair and

text: reasonable terms and conditions;

text: (b) measures directed towards the advancement of the technology

text: of the Enterprise and the domestic technology of developing

text: States, particularly by providing opportunities to personnel

text: from the Enterprise and from developing States for training in

text: marine science and technology and for their full participation in

text: activities in the Area.

text: Article 144

text: Protection of the marine environment

text: Necessary measures shall be taken in accordance with this Convention

text: with respect to activities in the Area to ensure effective protection for the

text: marine environment from harmful effects which may arise from such

text: activities. To this end the Authority shall adopt appropriate rules, regulations

text: and procedures for inter alia:

text: (a) the prevention, reduction and control of pollution and other hazards

text: to the marine environment, including the coastline, and of

text: interference with the ecological balance of the marine environment,

text: particular attention being paid to the need for protection from

text: harmful effects of such activities as drilling, dredging, excavation,

text: disposal of waste, construction and operation or maintenance of

text: installations, pipelines and other devices related to such activities;

text: (b) the protection and conservation of the natural resources of the Area

text: and the prevention of damage to the flora and fauna of the marine

text: environment.

text: Article 145

text: Protection of human life

text: With respect to activities in the Area, necessary measures shall be taken

text: to ensure effective protection of human life. To this end the Authority shall

text: adopt appropriate rules, regulations and procedures to supplement existing

text: international law as embodied in relevant treaties.

text: Article 146

text: Accommodation of activities in the Area and in the marine environment

text: Activities in the Area shall be carried out with reasonable regard for

text: other activities in the marine environment.

text: Installations used for carrying out activities in the Area shall be

text: subject to the following conditions:

text: (a) such installations shall be erected, emplaced and removed

text: solely in accordance with this Part and subject to the rules,

text: regulations and procedures of the Authority. Due notice must

text: be given of the erection, emplacement and removal of such

text: installations, and permanent means for giving warning of their

text: presence must be maintained;

text: (b) such installations may not be established where interference

text: may be caused to the use of recognized sea lanes essential to

text: international navigation or in areas of intense fishing activity;

text: (c) safety zones shall be established around such installations with

text: appropriate markings to ensure the safety of both navigation

text: and the installations. The configuration and location of such

text: safety zones shall not be such as to form a belt impeding the

text: lawful access of shipping to particular maritime zones or

text: navigation along international sea lanes;

text: (d) such installations shall be used exclusively for peaceful

text: purposes;

text: (e) such installations do not possess the status of islands. They

text: have no territorial sea of their own, and their presence does not

text: affect the delimitation of the territorial sea, the exclusive

text: economic zone or the continental shelf.

text: 3. Other activities in the marine environment shall be conducted with

text: reasonable regard for activities in the Area.

text: Article 147

text: Participation of developing States in activities in the Area

text: The effective participation of developing States in activities in the Area

text: shall be promoted as specifically provided for in this Part, having due regard

text: to their special interests and needs, and in particular to the special need of the

text: land-locked and geographically disadvantaged among them to overcome

text: obstacles arising from their disadvantaged location, including remoteness

text: from the Area and difficulty of access to and from it.

text: Article 148

text: Archaeological and historical objects

text: All objects of an archaeological and historical nature found in the Area

text: shall be preserved or disposed of for the benefit of mankind as a whole,

text: particular regard being paid to the preferential rights of the State or country

text: of origin, or the State of cultural origin, or the State of historical and

text: archaeological origin.

text: SECTION 3. DEVELOPMENT OF RESOURCES OF THE AREA

text: Article 149

text: Policies relating to activities in the Area

text: Activities in the Area shall, as specifically provided for in this Part, be

text: carried out in such a manner as to foster healthy development of the world

text: economy and balanced growth of international trade, and to promote

text: international cooperation for the over-all development of all countries,

text: especially developing States, and with a view to ensuring:

text: (a) the development of the resources of the Area;

text: (b) orderly, safe and rational management of the resources of the Area,

text: including the efficient conduct of activities in the Area and, in

text: accordance with sound principles of conservation, the avoidance of

text: unnecessary waste;

text: (c) the expansion of opportunities for participation in such activities

text: consistent in particular with articles 144 and 148;

text: (d) participation in revenues by the Authority and the transfer of

text: technology to the Enterprise and developing States as provided for

text: in this Convention;

text: (e) increased availability of the minerals derived from the Area as

text: needed in conjunction with minerals derived from other sources, to

text: ensure supplies to consumers of such minerals;

text: (f) the promotion of just and stable prices remunerative to producers

text: and fair to consumers for minerals derived both from the Area and

text: from other sources, and the promotion of long-term equilibrium

text: between supply and demand;

text: (g) the enhancement of opportunities for all States Parties, irrespective

text: of their social and economic systems or geographical location, to

text: participate in the development of the resources of the Area and the

text: prevention of monopolization of activities in the Area;

text: (h) the protection of developing countries from adverse effects on their

text: economies or on their export earnings resulting from a reduction in

text: the price of an affected mineral, or in the volume of exports of that

text: mineral, to the extent that such reduction is caused by activities in

text: the Area, as provided in article 151;

text: (i) the development of the common heritage for the benefit of mankind

text: as a whole; and

text: (j) conditions of access to markets for the imports of minerals produced

text: from the resources of the Area and for imports of commodities

text: produced from such minerals shall not be more favourable than the

text: most favourable applied to imports from other sources.

text: Article 150

text: Production policies

text: (a) Without prejudice to the objectives set forth in article 150 and

text: for the purpose of implementing subparagraph (h) of that

text: article, the Authority, acting through existing forums or such

text: new arrangements or agreements as may be appropriate, in

text: which all interested parties, including both producers and

text: consumers, participate, shall take measures necessary to

text: promote the growth, efficiency and stability of markets for

text: those commodities produced from the minerals derived from the

text: Area, at prices remunerative to producers and fair to consumers.

text: All States Parties shall cooperate to this end.

text: (b) The Authority shall have the right to participate in any

text: commodity conference dealing with those commodities and in

text: which all interested parties including both producers and

text: consumers participate. The Authority shall have the right to

text: become a party to any arrangement or agreement resulting from

text: such conferences. Participation of the Authority in any organs

text: established under those arrangements or agreements shall be in

text: respect of production in the Area and in accordance with the

text: relevant rules of those organs.

text: (c) The Authority shall carry out its obligations under the

text: arrangements or agreements referred to in this paragraph in a

text: manner which assures a uniform and non-discriminatory

text: implementation in respect of all production in the Area of the

text: minerals concerned. In doing so, the Authority shall act in a

text: manner consistent with the terms of existing contracts and

text: approved plans of work of the Enterprise.

text: 2. (a) During the interim period specified in paragraph 3, commercial

text: production shall not be undertaken pursuant to an approved

text: plan of work until the operator has applied for and has been

text: issued a production authorization by the Authority. Such

text: production authorizations may not be applied for or issued more

text: than five years prior to the planned commencement of

text: commercial production under the plan of work unless, having

text: regard to the nature and timing of project development, the

text: rules, regulations and procedures of the Authority prescribe

text: another period.

text: (b) In the application for the production authorization, the operator

text: shall specify the annual quantity of nickel expected to be

text: recovered under the approved plan of work. The application

text: shall include a schedule of expenditures to be made by the

text: operator after he has received the authorization which are

text: reasonably calculated to allow him to begin commercial

text: production on the date planned.

text: (c) For the purposes of subparagraphs (a) and (b), the Authority

text: shall establish appropriate performance requirements in

text: accordance with Annex III, article 17.

text: (d) The Authority shall issue a production authorization for the

text: level of production applied for unless the sum of that level and

text: the levels already authorized exceeds the nickel production

text: ceiling, as calculated pursuant to paragraph 4 in the year of

text: issuance of the authorization, during any year of planned

text: production falling within the interim period.

text: (e) When issued, the production authorization and approved

text: application shall become a part of the approved plan of work.

text: (f) If the operator's application for a production authorization is

text: denied pursuant to subparagraph (d), the operator may apply

text: again to the Authority at any time.

text: 3. The interim period shall begin five years prior to 1 January of the

text: year in which the earliest commercial production is planned to commence

text: under an approved plan of work. If the earliest commercial production is

text: delayed beyond the year originally planned, the beginning of the interim

text: period and the production ceiling originally calculated shall be adjusted

text: accordingly. The interim period shall last 25 years or until the end of the

text: Review Conference referred to in article 155 or until the day when such new

text: arrangements or agreements as are referred to in paragraph 1 enter into force,

text: whichever is earliest. The Authority shall resume the power provided in this

text: article for the remainder of the interim period if the said arrangements or

text: agreements should lapse or become ineffective for any reason whatsoever.

text: 4. (a) The production ceiling for any year of the interim period shall

text: be the sum of:

text: (i) the difference between the trend line values for nickel

text: consumption, as calculated pursuant to subparagraph (b),

text: for the year immediately prior to the year of the earliest

text: commercial production and the year immediately prior to

text: the commencement of the interim period; and

text: (ii) sixty per cent of the difference between the trend line

text: values for nickel consumption, as calculated pursuant to

text: subparagraph (b), for the year for which the production

text: authorization is being applied for and the year

text: immediately prior to the year of the earliest commercial

text: production.

text: (b) For the purposes of subparagraph (a):

text: (i) trend line values used for computing the nickel production

text: ceiling shall be those annual nickel consumption values

text: on a trend line computed during the year in which a

text: production authorization is issued. The trend line shall be

text: derived from a linear regression of the logarithms of

text: actual nickel consumption for the most recent 15-year

text: period for which such data are available, time being the

text: independent variable. This trend line shall be referred to

text: as the original trend line;

text: (ii) if the annual rate of increase of the original trend line is

text: less than 3 per cent, then the trend line used to determine

text: the quantities referred to in subparagraph (a) shall instead

text: be one passing through the original trend line at the value

text: for the first year of the relevant 15-year period, and

text: increasing at 3 per cent annually; provided however that

text: the production ceiling established for any year of the

text: interim period may not in any case exceed the difference

text: between the original trend line value for that year and the

text: original trend line value for the year immediately prior to

text: the commencement of the interim period.

text: 5. The Authority shall reserve to the Enterprise for its initial production

text: a quantity of 38,000 metric tonnes of nickel from the available production

text: ceiling calculated pursuant to paragraph 4.

text: 6. (a) An operator may in any year produce less than or up to

text: 8 per cent more than the level of annual production of minerals

text: from polymetallic nodules specified in his production

text: authorization, provided that the over-all amount of production

text: shall not exceed that specified in the authorization. Any excess

text: over 8 per cent and up to 20 per cent in any year, or any excess

text: in the first and subsequent years following two consecutive

text: years in which excesses occur, shall be negotiated with the

text: Authority, which may require the operator to obtain a

text: supplementary production authorization to cover additional

text: production.

text: (b) Applications for such supplementary production authorizations

text: shall be considered by the Authority only after all pending

text: applications by operators who have not yet received production

text: authorizations have been acted upon and due account has been

text: taken of other likely applicants. The Authority shall be guided

text: by the principle of not exceeding the total production allowed

text: under the production ceiling in any year of the interim period.

text: It shall not authorize the production under any plan of work of

text: a quantity in excess of 46,500 metric tonnes of nickel per year.

text: 7. The levels of production of other metals such as copper, cobalt and

text: manganese extracted from the polymetallic nodules that are recovered

text: pursuant to a production authorization should not be higher than those which

text: would have been produced had the operator produced the maximum level of

text: nickel from those nodules pursuant to this article. The Authority shall

text: establish rules, regulations and procedures pursuant to Annex III, article 17,

text: to implement this paragraph.

text: 8. Rights and obligations relating to unfair economic practices under

text: relevant multilateral trade agreements shall apply to the exploration for and

text: exploitation of minerals from the Area. In the settlement of disputes arising

text: under this provision, States Parties which are Parties to such multilateral trade

text: agreements shall have recourse to the dispute settlement procedures of such

text: agreements.

text: 9. The Authority shall have the power to limit the level of production

text: of minerals from the Area, other than minerals from polymetallic nodules,

text: under such conditions and applying such methods as may be appropriate by

text: adopting regulations in accordance with article 161, paragraph 8.

text: 10. Upon the recommendation of the Council on the basis of advice

text: from the Economic Planning Commission, the Assembly shall establish a

text: system of compensation or take other measures of economic adjustment

text: assistance including cooperation with specialized agencies and other

text: international organizations to assist developing countries which suffer serious

text: adverse effects on their export earnings or economies resulting from a

text: reduction in the price of an affected mineral or in the volume of exports of

text: that mineral, to the extent that such reduction is caused by activities in the

text: Area. The Authority on request shall initiate studies on the problems of those

text: States which are likely to be most seriously affected with a view to

text: minimizing their difficulties and assisting them in their economic adjustment.

text: Article 151

text: Exercise of powers and functions by the Authority

text: 1. The Authority shall avoid discrimination in the exercise of its

text: powers and functions, including the granting of opportunities for activities in

text: the Area.

text: 2. Nevertheless, special consideration for developing States, including

text: particular consideration for the land-locked and geographically disadvantaged

text: among them, specifically provided for in this Part shall be permitted.

text: Article 152

text: System of exploration and exploitation

text: 1. Activities in the Area shall be organized, carried out and controlled

text: by the Authority on behalf of mankind as a whole in accordance with this

text: article as well as other relevant provisions of this Part and the relevant

text: Annexes, and the rules, regulations and procedures of the Authority.

text: 2. Activities in the Area shall be carried out as prescribed in

text: paragraph 3:

text: (a) by the Enterprise, and

text: (b) in association with the Authority by States Parties, or state

text: enterprises or natural or juridical persons which possess the

text: nationality of States Parties or are effectively controlled by

text: them or their nationals, when sponsored by such States, or any

text: group of the foregoing which meets the requirements provided

text: in this Part and in Annex III.

text: 3. Activities in the Area shall be carried out in accordance with a

text: formal written plan of work drawn up in accordance with Annex III and

text: approved by the Council after review by the Legal and Technical

text: Commission. In the case of activities in the Area carried out as authorized by

text: the Authority by the entities specified in paragraph 2(b), the plan of work

text: shall, in accordance with Annex III, article 3, be in the form of a contract.

text: Such contracts may provide for joint arrangements in accordance with

text: Annex III, article 11.

text: 4. The Authority shall exercise such control over activities in the Area

text: as is necessary for the purpose of securing compliance with the relevant

text: provisions of this Part and the Annexes relating thereto, and the rules,

text: regulations and procedures of the Authority, and the plans of work approved

text: in accordance with paragraph 3. States Parties shall assist the Authority by

text: taking all measures necessary to ensure such compliance in accordance with

text: article 139.

text: 5. The Authority shall have the right to take at any time any measures

text: provided for under this Part to ensure compliance with its provisions and the

text: exercise of the functions of control and regulation assigned to it thereunder

text: or under any contract. The Authority shall have the right to inspect all

text: installations in the Area used in connection with activities in the Area.

text: 6. A contract under paragraph 3 shall provide for security of tenure.

text: Accordingly, the contract shall not be revised, suspended or terminated except

text: in accordance with Annex III, articles 18 and 19.

text: Article 153

text: Periodic review

text: Every five years from the entry into force of this Convention, the

text: Assembly shall undertake a general and systematic review of the manner in

text: which the international regime of the Area established in this Convention has

text: operated in practice. In the light of this review the Assembly may take, or

text: recommend that other organs take, measures in accordance with the

text: provisions and procedures of this Part and the Annexes relating thereto which

text: will lead to the improvement of the operation of the regime.

text: Article 154

text: The Review Conference

text: 1. Fifteen years from 1 January of the year in which the earliest

text: commercial production commences under an approved plan of work, the

text: Assembly shall convene a conference for the review of those provisions of

text: this Part and the relevant Annexes which govern the system of exploration

text: and exploitation of the resources of the Area. The Review Conference shall

text: consider in detail, in the light of the experience acquired during that period:

text: (a) whether the provisions of this Part which govern the system of

text: exploration and exploitation of the resources of the Area have

text: achieved their aims in all respects, including whether they have

text: benefited mankind as a whole;

text: (b) whether, during the 15-year period, reserved areas have been

text: exploited in an effective and balanced manner in comparison

text: with non-reserved areas;

text: (c) whether the development and use of the Area and its resources

text: have been undertaken in such a manner as to foster healthy

text: development of the world economy and balanced growth of

text: international trade;

text: (d) whether monopolization of activities in the Area has been

text: prevented;

text: (e) whether the policies set forth in articles 150 and 151 have been

text: fulfilled; and

text: (f) whether the system has resulted in the equitable sharing of

text: benefits derived from activities in the Area, taking into

text: particular consideration the interests and needs of the

text: developing States.

text: 2. The Review Conference shall ensure the maintenance of the

text: principle of the common heritage of mankind, the international regime

text: designed to ensure equitable exploitation of the resources of the Area for the

text: benefit of all countries, especially the developing States, and an Authority to

text: organize, conduct and control activities in the Area. It shall also ensure the

text: maintenance of the principles laid down in this Part with regard to the

text: exclusion of claims or exercise of sovereignty over any part of the Area, the

text: rights of States and their general conduct in relation to the Area, and their

text: participation in activities in the Area in conformity with this Convention, the

text: prevention of monopolization of activities in the Area, the use of the Area

text: exclusively for peaceful purposes, economic aspects of activities in the Area,

text: marine scientific research, transfer of technology, protection of the marine

text: environment, protection of human life, rights of coastal States, the legal status

text: of the waters superjacent to the Area and that of the air space above those

text: waters and accommodation between activities in the Area and other activities

text: in the marine environment.

text: 3. The decision-making procedure applicable at the Review Conference

text: shall be the same as that applicable at the Third United Nations Conference

text: on the Law of the Sea. The Conference shall make every effort to reach

text: agreement on any amendments by way of consensus and there should be no

text: voting on such matters until all efforts at achieving consensus have been

text: exhausted.

text: 4. If, five years after its commencement, the Review Conference has

text: not reached agreement on the system of exploration and exploitation of the

text: resources of the Area, it may decide during the ensuing 12 months, by a

text: three-fourths majority of the States Parties, to adopt and submit to the States

text: Parties for ratification or accession such amendments changing or modifying

text: the system as it determines necessary and appropriate. Such amendments

text: shall enter into force for all States Parties 12 months after the deposit of

text: instruments of ratification or accession by three fourths of the States Parties.

text: 5. Amendments adopted by the Review Conference pursuant to this

text: article shall not affect rights acquired under existing contracts.

text: SECTION 4. THE AUTHORITY

text: SUBSECTION A. GENERAL PROVISIONS

text: Article 155

text: Establishment of the Authority

text: 1. There is hereby established the International Seabed Authority,

text: which shall function in accordance with this Part.

text: 2. All States Parties are ipso facto members of the Authority.

text: 3. Observers at the Third United Nations Conference on the Law of the

text: Sea who have signed the Final Act and who are not referred to in article 305,

text: paragraph 1(c), (d), (e) or (f), shall have the right to participate in the

text: Authority as observers, in accordance with its rules, regulations and

text: procedures.

text: 4. The seat of the Authority shall be in Jamaica.

text: 5. The Authority may establish such regional centres or offices as it

text: deems necessary for the exercise of its functions.

text: Article 156

text: Nature and fundamental principles of the Authority

text: 1. The Authority is the organization through which States Parties shall,

text: in accordance with this Part, organize and control activities in the Area,

text: particularly with a view to administering the resources of the Area.

text: 2. The powers and functions of the Authority shall be those expressly

text: conferred upon it by this Convention. The Authority shall have such

text: incidental powers, consistent with this Convention, as are implicit in and

text: necessary for the exercise of those powers and functions with respect to

text: activities in the Area.

text: 3. The Authority is based on the principle of the sovereign equality of

text: all its members.

text: 4. All members of the Authority shall fulfil in good faith the

text: obligations assumed by them in accordance with this Part in order to ensure

text: to all of them the rights and benefits resulting from membership.

text: Article 157

text: Organs of the Authority

text: 1. There are hereby established, as the principal organs of the

text: Authority, an Assembly, a Council and a Secretariat.

text: 2. There is hereby established the Enterprise, the organ through which

text: the Authority shall carry out the functions referred to in article 170,

text: paragraph 1.

text: 3. Such subsidiary organs as may be found necessary may be

text: established in accordance with this Part.

text: 4. Each principal organ of the Authority and the Enterprise shall be

text: responsible for exercising those powers and functions which are conferred

text: upon it. In exercising such powers and functions each organ shall avoid

text: taking any action which may derogate from or impede the exercise of specific

text: powers and functions conferred upon another organ.

text: SUBSECTION B. THE ASSEMBLY

text: Article 158

text: Composition, procedure and voting

text: 1. The Assembly shall consist of all the members of the Authority.

text: Each member shall have one representative in the Assembly, who may be

text: accompanied by alternates and advisers.

text: 2. The Assembly shall meet in regular annual sessions and in such

text: special sessions as may be decided by the Assembly, or convened by the

text: Secretary-General at the request of the Council or of a majority of the

text: members of the Authority.

text: 3. Sessions shall take place at the seat of the Authority unless otherwise

text: decided by the Assembly.

text: 4. The Assembly shall adopt its rules of procedure. At the beginning

text: of each regular session, it shall elect its President and such other officers as

text: may be required. They shall hold office until a new President and other

text: officers are elected at the next regular session.

text: 5. A majority of the members of the Assembly shall constitute a

text: quorum.

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

text: 7. Decisions on questions of procedure, including decisions to convene

text: special sessions of the Assembly, shall be taken by a majority of the members

text: present and voting.

text: 8. Decisions on questions of substance shall be taken by a two-thirds

text: majority of the members present and voting, provided that such majority

text: includes a majority of the members participating in the session. When the

text: issue arises as to whether a question is one of substance or not, that question

text: shall be treated as one of substance unless otherwise decided by the Assembly

text: by the majority required for decisions on questions of substance.

text: 9. When a question of substance comes up for voting for the first time,

text: the President may, and shall, if requested by at least one fifth of the members

text: of the Assembly, defer the issue of taking a vote on that question for a period

text: not exceeding five calendar days. This rule may be applied only once to any

text: question, and shall not be applied so as to defer the question beyond the end

text: of the session.

text: 10. Upon a written request addressed to the President and sponsored by

text: at least one fourth of the members of the Authority for an advisory opinion

text: on the conformity with this Convention of a proposal before the Assembly on

text: any matter, the Assembly shall request the Seabed Disputes Chamber of the

text: International Tribunal for the Law of the Sea to give an advisory opinion

text: thereon and shall defer voting on that proposal pending receipt of the

text: advisory opinion by the Chamber. If the advisory opinion is not received

text: before the final week of the session in which it is requested, the Assembly

text: shall decide when it will meet to vote upon the deferred proposal.

text: Article 159

text: Powers and functions

text: 1. The Assembly, as the sole organ of the Authority consisting of all

text: the members, shall be considered the supreme organ of the Authority to which

text: the other principal organs shall be accountable as specifically provided for in

text: this Convention. The Assembly shall have the power to establish general

text: policies in conformity with the relevant provisions of this Convention on any

text: question or matter within the competence of the Authority.

text: 2. In addition, the powers and functions of the Assembly shall be:

text: (a) to elect the members of the Council in accordance with

text: article 161;

text: (b) to elect the Secretary-General from among the candidates

text: proposed by the Council;

text: (c) to elect, upon the recommendation of the Council, the members

text: of the Governing Board of the Enterprise and the

text: Director-General of the Enterprise;

text: (d) to establish such subsidiary organs as it finds necessary for the

text: exercise of its functions in accordance with this Part. In the

text: composition of these subsidiary organs due account shall be

text: taken of the principle of equitable geographical distribution and

text: of special interests and the need for members qualified and

text: competent in the relevant technical questions dealt with by such

text: organs;

text: (e) to assess the contributions of members to the administrative

text: budget of the Authority in accordance with an agreed scale of

text: assessment based upon the scale used for the regular budget of

text: the United Nations until the Authority shall have sufficient

text: income from other sources to meet its administrative expenses;

text: (f) (i) to consider and approve, upon the recommendation of the

text: Council, the rules, regulations and procedures on the

text: equitable sharing of financial and other economic benefits

text: derived from activities in the Area and the payments and

text: contributions made pursuant to article 82, taking into

text: particular consideration the interests and needs of

text: developing States and peoples who have not attained full

text: independence or other self-governing status. If the

text: Assembly does not approve the recommendations of the

text: Council, the Assembly shall return them to the Council

text: for reconsideration in the light of the views expressed by

text: the Assembly;

text: (ii) to consider and approve the rules, regulations and

text: procedures of the Authority, and any amendments thereto,

text: provisionally adopted by the Council pursuant to

text: article 162, paragraph 2 (o)(ii). These rules, regulations

text: and procedures shall relate to prospecting, exploration

text: and exploitation in the Area, the financial management

text: and internal administration of the Authority, and, upon the

text: recommendation of the Governing Board of the

text: Enterprise, to the transfer of funds from the Enterprise to

text: the Authority;

text: (g) to decide upon the equitable sharing of financial and other

text: economic benefits derived from activities in the Area,

text: consistent with this Convention and the rules, regulations and

text: procedures of the Authority;

text: (h) to consider and approve the proposed annual budget of the

text: Authority submitted by the Council;

text: (i) to examine periodic reports from the Council and from the

text: Enterprise and special reports requested from the Council or

text: any other organ of the Authority;

text: (j) to initiate studies and make recommendations for the purpose

text: of promoting international cooperation concerning activities in

text: the Area and encouraging the progressive development of

text: international law relating thereto and its codification;

text: (k) to consider problems of a general nature in connection with

text: activities in the Area arising in particular for developing States,

text: as well as those problems for States in connection with

text: activities in the Area that are due to their geographical location,

text: particularly for land-locked and geographically disadvantaged

text: States;

text: (l) to establish, upon the recommendation of the Council, on the

text: basis of advice from the Economic Planning Commission, a

text: system of compensation or other measures of economic

text: adjustment assistance as provided in article 151, paragraph 10;

text: (m) to suspend the exercise of rights and privileges of membership

text: pursuant to article 185;

text: (n) to discuss any question or matter within the competence of the

text: Authority and to decide as to which organ of the Authority shall

text: deal with any such question or matter not specifically entrusted

text: to a particular organ, consistent with the distribution of powers

text: and functions among the organs of the Authority.

text: SUBSECTION C. THE COUNCIL

text: Article 160

text: Composition, procedure and voting

text: 1. The Council shall consist of 36 members of the Authority elected by

text: the Assembly in the following order:

text: (a) four members from among those States Parties which, during

text: the last five years for which statistics are available, have either

text: consumed more than 2 per cent of total world consumption or

text: have had net imports of more than 2 per cent of total world

text: imports of the commodities produced from the categories of

text: minerals to be derived from the Area, and in any case one State

text: from the Eastern European (Socialist) region, as well as the

text: largest consumer;

text: (b) four members from among the eight States Parties which have

text: the largest investments in preparation for and in the conduct of

text: activities in the Area, either directly or through their nationals,

text: including at least one State from the Eastern European

text: (Socialist) region;

text: (c) four members from among States Parties which on the basis of

text: production in areas under their jurisdiction are major net

text: exporters of the categories of minerals to be derived from the

text: Area, including at least two developing States whose exports of

text: such minerals have a substantial bearing upon their economies;

text: (d) six members from among developing States Parties,

text: representing special interests. The special interests to be

text: represented shall include those of States with large populations,

text: States which are land-locked or geographically disadvantaged,

text: States which are major importers of the categories of minerals

text: to be derived from the Area, States which are potential

text: producers of such minerals, and least developed States;

text: (e) eighteen members elected according to the principle of ensuring

text: an equitable geographical distribution of seats in the Council as

text: a whole, provided that each geographical region shall have at

text: least one member elected under this subparagraph. For this

text: purpose, the geographical regions shall be Africa, Asia, Eastern

text: European (Socialist), Latin America and Western European and

text: Others.

text: 2. In electing the members of the Council in accordance with

text: paragraph 1, the Assembly shall ensure that:

text: (a) land-locked and geographically disadvantaged States are

text: represented to a degree which is reasonably proportionate to

text: their representation in the Assembly;

text: (b) coastal States, especially developing States, which do not

text: qualify under paragraph 1(a), (b), (c) or (d) are represented to

text: a degree which is reasonably proportionate to their

text: representation in the Assembly;

text: (c) each group of States Parties to be represented on the Council is

text: represented by those members, if any, which are nominated by

text: that group.

text: 3. Elections shall take place at regular sessions of the Assembly. Each

text: member of the Council shall be elected for four years. At the first election,

text: however, the term of one half of the members of each group referred to in

text: paragraph l shall be two years.

text: 4. Members of the Council shall be eligible for re-election, but due

text: regard should be paid to the desirability of rotation of membership.

text: 5. The Council shall function at the seat of the Authority, and shall

text: meet as often as the business of the Authority may require, but not less than

text: three times a year.

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

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

text: 8. (a) Decisions on questions of procedure shall be taken by a

text: majority of the members present and voting.

text: (b) Decisions on questions of substance arising under the following

text: provisions shall be taken by a two-thirds majority of the

text: members present and voting, provided that such majority

text: includes a majority of the members of the Council: article 162,

text: paragraph 2, subparagraphs (f); (g); (h); (i); (n); (p); (v);

text: article 191.

text: (c) Decisions on questions of substance arising under the following

text: provisions shall be taken by a three-fourths majority of the

text: paragraph 1; article 162, paragraph 2, subparagraphs (a);

text: (b); (c); (d); (e); (l); (q); (r); (s); (t); (u) in cases of

text: non-compliance by a contractor or a sponsor; (w) provided that

text: orders issued thereunder may be binding for not more than

text: 30 days unless confirmed by a decision taken in accordance

text: with subparagraph (d); article 162, paragraph 2,

text: subparagraphs (x); (y); (z); article 163, paragraph 2; article 174,

text: paragraph 3; Annex IV, article 11.

text: (d) Decisions on questions of substance arising under the following

text: provisions shall be taken by consensus: article 162,

text: paragraph 2(m) and (o); adoption of amendments to Part XI.

text: (e) For the purposes of subparagraphs (d), (f) and (g), "consensus"

text: means the absence of any formal objection. Within 14 days of

text: the submission of a proposal to the Council, the President of the

text: Council shall determine whether there would be a formal

text: objection to the adoption of the proposal. If the President

text: determines that there would be such an objection, the President

text: shall establish and convene, within three days following such

text: determination, a conciliation committee consisting of not more

text: than nine members of the Council, with the President as

text: chairman, for the purpose of reconciling the differences and

text: producing a proposal which can be adopted by consensus. The

text: committee shall work expeditiously and report to the Council

text: within 14 days following its establishment. If the committee is

text: unable to recommend a proposal which can be adopted by

text: consensus, it shall set out in its report the grounds on which the

text: proposal is being opposed.

text: (f) Decisions on questions not listed above which the Council is

text: authorized to take by the rules, regulations and procedures of

text: the Authority or otherwise shall be taken pursuant to the

text: subparagraphs of this paragraph specified in the rules,

text: regulations and procedures or, if not specified therein, then

text: pursuant to the subparagraph determined by the Council if

text: possible in advance, by consensus.

text: (g) When the issue arises as to whether a question is within

text: subparagraph (a), (b), (c) or (d), the question shall be treated as

text: being within the subparagraph requiring the higher or highest

text: majority or consensus as the case may be, unless otherwise

text: decided by the Council by the said majority or by consensus.

text: 9. The Council shall establish a procedure whereby a member of the

text: Authority not represented on the Council may send a representative to attend

text: a meeting of the Council when a request is made by such member, or a matter

text: particularly affecting it is under consideration. Such a representative shall be

text: entitled to participate in the deliberations but not to vote.

text: Article 161

text: Powers and functions

text: 1. The Council is the executive organ of the Authority. The Council

text: shall have the power to establish, in conformity with this Convention and the

text: general policies established by the Assembly, the specific policies to be

text: pursued by the Authority on any question or matter within the competence of

text: the Authority.

text: 2. In addition, the Council shall:

text: (a) supervise and coordinate the implementation of the provisions

text: of this Part on all questions and matters within the competence

text: of the Authority and invite the attention of the Assembly to

text: cases of non-compliance;

text: (b) propose to the Assembly a list of candidates for the election of

text: the Secretary-General;

text: (c) recommend to the Assembly candidates for the election of the

text: members of the Governing Board of the Enterprise and the

text: Director-General of the Enterprise;

text: (d) establish, as appropriate, and with due regard to economy and

text: efficiency, such subsidiary organs as it finds necessary for the

text: composition of subsidiary organs, emphasis shall be placed on

text: the need for members qualified and competent in relevant

text: technical matters dealt with by those organs provided that due

text: account shall be taken of the principle of equitable geographical

text: distribution and of special interests;

text: (e) adopt its rules of procedure including the method of selecting

text: its president;

text: (f) enter into agreements with the United Nations or other

text: international organizations on behalf of the Authority and

text: within its competence, subject to approval by the Assembly;

text: (g) consider the reports of the Enterprise and transmit them to the

text: Assembly with its recommendations;

text: (h) present to the Assembly annual reports and such special reports

text: as the Assembly may request;

text: (i) issue directives to the Enterprise in accordance with article 170;

text: (j) approve plans of work in accordance with Annex III, article 6.

text: The Council shall act upon each plan of work within 60 days of

text: its submission by the Legal and Technical Commission at a

text: session of the Council in accordance with the following

text: procedures:

text: (i) if the Commission recommends the approval of a plan of

text: work, it shall be deemed to have been approved by the

text: Council if no member of the Council submits in writing

text: to the President within 14 days a specific objection

text: alleging non-compliance with the requirements of

text: Annex III, article 6. If there is an objection, the

text: conciliation procedure set forth in article 161,

text: paragraph 8(e), shall apply. If, at the end of the

text: conciliation procedure, the objection is still maintained,

text: the plan of work shall be deemed to have been approved

text: by the Council unless the Council disapproves it by

text: consensus among its members excluding any State or

text: States making the application or sponsoring the applicant;

text: (ii) if the Commission recommends the disapproval of a plan

text: of work or does not make a recommendation, the Council

text: may approve the plan of work by a three-fourths majority

text: of the members present and voting, provided that such

text: majority includes a majority of the members participating

text: in the session;

text: (k) approve plans of work submitted by the Enterprise in

text: accordance with Annex IV, article 12, applying, mutatis

text: mutandis, the procedures set forth in subparagraph (j);

text: (l) exercise control over activities in the Area in accordance with

text: article 153, paragraph 4, and the rules, regulations and

text: procedures of the Authority;

text: (m) take, upon the recommendation of the Economic Planning

text: Commission, necessary and appropriate measures in accordance

text: with article 150, subparagraph (h), to provide protection from

text: the adverse economic effects specified therein;

text: (n) make recommendations to the Assembly, on the basis of advice

text: from the Economic Planning Commission, for a system of

text: compensation or other measures of economic adjustment

text: assistance as provided in article 151, paragraph 10;

text: (o) (i) recommend to the Assembly rules, regulations and

text: procedures on the equitable sharing of financial and other

text: economic benefits derived from activities in the Area and

text: the payments and contributions made pursuant to

text: article 82, taking into particular consideration the interests

text: and needs of the developing States and peoples who have

text: not attained full independence or other self-governing

text: status;

text: (ii) adopt and apply provisionally, pending approval by the

text: Assembly, the rules, regulations and procedures of the

text: Authority, and any amendments thereto, taking into

text: account the recommendations of the Legal and Technical

text: Commission or other subordinate organ concerned. These

text: rules, regulations and procedures shall relate to

text: prospecting, exploration and exploitation in the Area and

text: the financial management and internal administration of

text: the Authority. Priority shall be given to the adoption of

text: rules, regulations and procedures for the exploration for

text: and exploitation of polymetallic nodules.

text: Rules,

text: regulations and procedures for the exploration for and

text: exploitation of any resource other than polymetallic

text: nodules shall be adopted within three years from the date

text: of a request to the Authority by any of its members to

text: adopt such rules, regulations and procedures in respect of

text: such resource. All rules, regulations and procedures shall

text: remain in effect on a provisional basis until approved by

text: the Assembly or until amended by the Council in the light

text: of any views expressed by the Assembly;

text: (p) review the collection of all payments to be made by or to the

text: Authority in connection with operations pursuant to this Part;

text: (q) make the selection from among applicants for production

text: authorizations pursuant to Annex III, article 7, where such

text: selection is required by that provision;

text: (r) submit the proposed annual budget of the Authority to the

text: Assembly for its approval;

text: (s) make recommendations to the Assembly concerning policies on

text: any question or matter within the competence of the Authority;

text: (t) make recommendations to the Assembly concerning suspension

text: of the exercise of the rights and privileges of membership

text: pursuant to article 185;

text: (u) institute proceedings on behalf of the Authority before the

text: Seabed Disputes Chamber in cases of non-compliance;

text: (v) notify the Assembly upon a decision by the Seabed Disputes

text: Chamber in proceedings instituted under subparagraph (u), and

text: make any recommendations which it may find appropriate with

text: respect to measures to be taken;

text: (w) issue emergency orders, which may include orders for the

text: suspension or adjustment of operations, to prevent serious harm

text: to the marine environment arising out of activities in the Area;

text: (x) disapprove areas for exploitation by contractors or the

text: Enterprise in cases where substantial evidence indicates the risk

text: of serious harm to the marine environment;

text: (y) establish a subsidiary organ for the elaboration of draft

text: financial rules, regulations and procedures relating to:

text: (i) financial management in accordance with articles 171

text: to 175; and

text: (ii) financial arrangements in accordance with Annex III,

text: article 13 and article 17, paragraph 1(c);

text: (z) establish appropriate mechanisms for directing and supervising

text: a staff of inspectors who shall inspect activities in the Area to

text: determine whether this Part, the rules, regulations and

text: procedures of the Authority, and the terms and conditions of

text: any contract with the Authority are being complied with.

text: Article 162

text: Organs of the Council

text: There are hereby established the following organs of the Council:

text: (a) an Economic Planning Commission;

text: (b) a Legal and Technical Commission.

text: 2. Each Commission shall be composed of 15 members, elected by the

text: Council from among the candidates nominated by the States Parties.

text: However, if necessary, the Council may decide to increase the size of either

text: Commission having due regard to economy and efficiency.

text: 3. Members of a Commission shall have appropriate qualifications in

text: the area of competence of that Commission. States Parties shall nominate

text: candidates of the highest standards of competence and integrity with

text: qualifications in relevant fields so as to ensure the effective exercise of the

text: functions of the Commissions.

text: 4. In the election of members of the Commissions, due account shall

text: be taken of the need for equitable geographical distribution and the

text: representation of special interests.

text: 5. No State Party may nominate more than one candidate for the same

text: Commission. No person shall be elected to serve on more than one

text: Commission.

text: 6. Members of the Commissions shall hold office for a term of five

text: years. They shall be eligible for re-election for a further term.

text: 7. In the event of the death, incapacity or resignation of a member of

text: a Commission prior to the expiration of the term of office, the Council shall

text: elect for the remainder of the term, a member from the same geographical

text: region or area of interest.

text: 8. Members of Commissions shall have no financial interest in any

text: activity relating to exploration and exploitation in the Area. Subject to their

text: responsibilities to the Commissions upon which they serve, they shall not

text: disclose, even after the termination of their functions, any industrial secret,

text: proprietary data which are transferred to the Authority in accordance with

text: knowledge by reason of their duties for the Authority.

text: 9. Each Commission shall exercise its functions in accordance with

text: such guidelines and directives as the Council may adopt.

text: 10. Each Commission shall formulate and submit to the Council for

text: approval such rules and regulations as may be necessary for the efficient

text: conduct of the Commission's functions.

text: 11. The decision-making procedures of the Commissions shall be

text: established by the rules, regulations and procedures of the Authority.

text: Recommendations to the Council shall, where necessary, be accompanied by

text: a summary on the divergencies of opinion in the Commission.

text: 12. Each Commission shall normally function at the seat of the

text: Authority and shall meet as often as is required for the efficient exercise of

text: its functions.

text: 13. In the exercise of its functions, each Commission may, where

text: appropriate, consult another commission, any competent organ of the United

text: Nations or of its specialized agencies or any international organizations with

text: competence in the subject-matter of such consultation.

text: Article 163

text: The Economic Planning Commission

text: 1. Members of the Economic Planning Commission shall have

text: appropriate qualifications such as those relevant to mining, management of

text: mineral resource activities, international trade or international economics.

text: The Council shall endeavour to ensure that the membership of the

text: Commission reflects all appropriate qualifications. The Commission shall

text: include at least two members from developing States whose exports of the

text: categories of minerals to be derived from the Area have a substantial bearing

text: upon their economies.

text: 2. The Commission shall:

text: (a) propose, upon the request of the Council, measures to

text: implement decisions relating to activities in the Area taken in

text: accordance with this Convention;

text: (b) review the trends of and the factors affecting supply, demand

text: and prices of minerals which may be derived from the Area,

text: bearing in mind the interests of both importing and exporting

text: countries, and in particular of the developing States among

text: them;

text: (c) examine any situation likely to lead to the adverse effects

text: referred to in article 150, subparagraph (h), brought to its

text: attention by the State Party or States Parties concerned, and

text: make appropriate recommendations to the Council;

text: (d) propose to the Council for submission to the Assembly, as

text: provided in article 151, paragraph 10, a system of compensation

text: or other measures of economic adjustment assistance for

text: developing States which suffer adverse effects caused by

text: activities in the Area. The Commission shall make the

text: recommendations to the Council that are necessary for the

text: application of the system or other measures adopted by the

text: Assembly in specific cases.

text: Article 164

text: The Legal and Technical Commission

text: 1. Members of the Legal and Technical Commission shall have

text: appropriate qualifications such as those relevant to exploration for and

text: exploitation and processing of mineral resources, oceanology, protection of

text: the marine environment, or economic or legal matters relating to ocean

text: mining and related fields of expertise. The Council shall endeavour to ensure

text: that the membership of the Commission reflects all appropriate qualifications.

text: 2. The Commission shall:

text: (a) make recommendations with regard to the exercise of the

text: Authority's functions upon the request of the Council;

text: (b) review formal written plans of work for activities in the Area in

text: accordance with article 153, paragraph 3, and submit

text: appropriate recommendations to the Council. The Commission

text: shall base its recommendations solely on the grounds stated in

text: (c) supervise, upon the request of the Council, activities in the

text: Area, where appropriate, in consultation and collaboration with

text: any entity carrying out such activities or State or States

text: concerned and report to the Council;

text: (d) prepare assessments of the environmental implications of

text: activities in the Area;

text: (e) make recommendations to the Council on the protection of the

text: marine environment, taking into account the views of

text: recognized experts in that field;

text: (f) formulate and submit to the Council the rules, regulations and

text: procedures referred to in article 162, paragraph 2(o), taking into

text: account all relevant factors including assessments of the

text: environmental implications of activities in the Area;

text: (g) keep such rules, regulations and procedures under review and

text: recommend to the Council from time to time such amendments

text: thereto as it may deem necessary or desirable;

text: (h) make recommendations to the Council regarding the

text: establishment of a monitoring programme to observe, measure,

text: evaluate and analyse, by recognized scientific methods, on a

text: regular basis, the risks or effects of pollution of the marine

text: environment resulting from activities in the Area, ensure that

text: existing regulations are adequate and are complied with and

text: coordinate the implementation of the monitoring programme

text: approved by the Council;

text: (i) recommend to the Council that proceedings be instituted on

text: behalf of the Authority before the Seabed Disputes Chamber,

text: in accordance with this Part and the relevant Annexes taking

text: into account particularly article 187;

text: (j) make recommendations to the Council with respect to measures

text: to be taken, upon a decision by the Seabed Disputes Chamber

text: in proceedings instituted in accordance with subparagraph (i);

text: (k) make recommendations to the Council to issue emergency

text: orders, which may include orders for the suspension or

text: adjustment of operations, to prevent serious harm to the marine

text: environment arising out of activities in the Area. Such

text: recommendations shall be taken up by the Council on a priority

text: basis;

text: (l) make recommendations to the Council to disapprove areas for

text: exploitation by contractors or the Enterprise in cases where

text: substantial evidence indicates the risk of serious harm to the

text: marine environment;

text: (m) make recommendations to the Council regarding the direction

text: and supervision of a staff of inspectors who shall inspect

text: activities in the Area to determine whether the provisions of this

text: the terms and conditions of any contract with the Authority are

text: being complied with;

text: (n) calculate the production ceiling and issue production

text: authorizations on behalf of the Authority pursuant to

text: article 151, paragraphs 2 to 7, following any necessary selection

text: among applicants for production authorizations by the Council

text: in accordance with Annex III, article 7.

text: 3. The members of the Commission shall, upon request by any State

text: Party or other party concerned, be accompanied by a representative of such

text: State or other party concerned when carrying out their function of supervision

text: and inspection.

text: SUBSECTION D. THE SECRETARIAT

text: Article 165

text: The Secretariat

text: 1. The Secretariat of the Authority shall comprise a Secretary-General

text: and such staff as the Authority may require.

text: 2. The Secretary-General shall be elected for four years by the

text: Assembly from among the candidates proposed by the Council and may be

text: re-elected.

text: 3. The Secretary-General shall be the chief administrative officer of the

text: Authority, and shall act in that capacity in all meetings of the Assembly, of

text: the Council and of any subsidiary organ, and shall perform such other

text: administrative functions as are entrusted to the Secretary-General by these

text: organs.

text: 4. The Secretary-General shall make an annual report to the Assembly

text: on the work of the Authority.

text: Article 166

text: The staff of the Authority

text: 1. The staff of the Authority shall consist of such qualified scientific

text: and technical and other personnel as may be required to fulfil the

text: administrative functions of the Authority.

text: 2. The paramount consideration in the recruitment and employment of

text: the staff and in the determination of their conditions of service shall be the

text: necessity of securing the highest standards of efficiency, competence and

text: integrity. Subject to this consideration, due regard shall be paid to the

text: importance of recruiting the staff on as wide a geographical basis as possible.

text: 3. The staff shall be appointed by the Secretary-General. The terms

text: and conditions on which they shall be appointed, remunerated and dismissed

text: shall be in accordance with the rules, regulations and procedures of the

text: Authority.

text: Article 167

text: International character of the Secretariat

text: 1. In the performance of their duties the Secretary-General and the staff

text: shall not seek or receive instructions from any government or from any other

text: source external to the Authority. They shall refrain from any action which

text: might reflect on their position as international officials responsible only to the

text: Authority. Each State Party undertakes to respect the exclusively

text: international character of the responsibilities of the Secretary-General and the

text: staff and not to seek to influence them in the discharge of their

text: responsibilities. Any violation of responsibilities by a staff member shall be

text: submitted to the appropriate administrative tribunal as provided in the rules,

text: regulations and procedures of the Authority.

text: 2. The Secretary-General and the staff shall have no financial interest

text: in any activity relating to exploration and exploitation in the Area. Subject

text: to their responsibilities to the Authority, they shall not disclose, even after the

text: termination of their functions, any industrial secret, proprietary data which are

text: transferred to the Authority in accordance with Annex III, article 14, or any

text: other confidential information coming to their knowledge by reason of their

text: employment with the Authority.

text: 3. Violations of the obligations of a staff member of the Authority set

text: forth in paragraph 2 shall, on the request of a State Party affected by such

text: violation, or a natural or juridical person, sponsored by a State Party as

text: provided in article 153, paragraph 2(b), and affected by such violation, be

text: submitted by the Authority against the staff member concerned to a tribunal

text: designated by the rules, regulations and procedures of the Authority. The

text: Party affected shall have the right to take part in the proceedings. If the

text: tribunal so recommends, the Secretary-General shall dismiss the staff member

text: concerned.

text: 4. The rules, regulations and procedures of the Authority shall contain

text: such provisions as are necessary to implement this article.

text: Article 168

text: Consultation and cooperation with international

text: and non-governmental organizations

text: 1. The Secretary-General shall, on matters within the competence of the

text: Authority, make suitable arrangements, with the approval of the Council, for

text: consultation and cooperation with international and non-governmental

text: organizations recognized by the Economic and Social Council of the United

text: Nations.

text: 2. Any organization with which the Secretary-General has entered into

text: an arrangement under paragraph 1 may designate representatives to attend

text: meetings of the organs of the Authority as observers in accordance with the

text: rules of procedure of these organs. Procedures shall be established for

text: obtaining the views of such organizations in appropriate cases.

text: 3. The Secretary-General may distribute to States Parties written

text: reports submitted by the non-governmental organizations referred to in

text: paragraph l on subjects in which they have special competence and which are

text: related to the work of the Authority.

text: SUBSECTION E. THE ENTERPRISE

text: Article 169

text: The Enterprise

text: 1. The Enterprise shall be the organ of the Authority which shall carry

text: out activities in the Area directly, pursuant to article 153, paragraph 2(a), as

text: well as the transporting, processing and marketing of minerals recovered from

text: the Area.

text: 2. The Enterprise shall, within the framework of the international legal

text: personality of the Authority, have such legal capacity as is provided for in the

text: Statute set forth in Annex IV. The Enterprise shall act in accordance with

text: this Convention and the rules, regulations and procedures of the Authority,

text: as well as the general policies established by the Assembly, and shall be

text: subject to the directives and control of the Council.

text: 3. The Enterprise shall have its principal place of business at the seat

text: of the Authority.

text: 4. The Enterprise shall, in accordance with article 173, paragraph 2,

text: and Annex IV, article 11, be provided with such funds as it may require to

text: carry out its functions, and shall receive technology as provided in article 144

text: and other relevant provisions of this Convention.

text: SUBSECTION F. FINANCIAL ARRANGEMENTS OF THE

text: AUTHORITY

text: Article 170

text: Funds of the Authority

text: The funds of the Authority shall include:

text: (a) assessed contributions made by members of the Authority in

text: accordance with article 160, paragraph 2(e);

text: (b) funds received by the Authority pursuant to Annex III, article 13, in

text: connection with activities in the Area;

text: (c) funds transferred from the Enterprise in accordance with Annex IV,

text: article 10;

text: (d) funds borrowed pursuant to article 174;

text: (e) voluntary contributions made by members or other entities; and

text: (f) payments to a compensation fund, in accordance with article 151,

text: paragraph 10, whose sources are to be recommended by the

text: Economic Planning Commission.

text: Article 171

text: Annual budget of the Authority

text: The Secretary-General shall draft the proposed annual budget of the

text: Authority and submit it to the Council. The Council shall consider the

text: proposed annual budget and submit it to the Assembly, together with any

text: recommendations thereon. The Assembly shall consider and approve the

text: proposed annual budget in accordance with article 160, paragraph 2(h).

text: Article 172

text: Expenses of the Authority

text: 1. The contributions referred to in article 171, subparagraph (a), shall

text: be paid into a special account to meet the administrative expenses of the

text: Authority until the Authority has sufficient funds from other sources to meet

text: those expenses.

text: 2. The administrative expenses of the Authority shall be a first call

text: upon the funds of the Authority. Except for the assessed contributions

text: referred to in article 171, subparagraph (a), the funds which remain after

text: payment of administrative expenses may, inter alia:

text: (a) be shared in accordance with article 140 and article 160,

text: paragraph 2(g);

text: (b) be used to provide the Enterprise with funds in accordance with

text: article 170, paragraph 4;

text: (c) be used to compensate developing States in accordance with

text: article 151, paragraph 10, and article 160, paragraph 2(l).

text: Article 173

text: Borrowing power of the Authority

text: 1. The Authority shall have the power to borrow funds.

text: 2. The Assembly shall prescribe the limits on the borrowing power of

text: the Authority in the financial regulations adopted pursuant to article 160,

text: paragraph 2(f).

text: 3. The Council shall exercise the borrowing power of the Authority.

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

text: Article 174

text: Annual audit

text: The records, books and accounts of the Authority, including its annual

text: financial statements, shall be audited annually by an independent auditor

text: appointed by the Assembly.

text: SUBSECTION G. LEGAL STATUS, PRIVILEGES AND

text: IMMUNITIES

text: Article 175

text: Legal status

text: The Authority shall have international legal personality and such legal

text: capacity as may be necessary for the exercise of its functions and the

text: fulfilment of its purposes.

text: Article 176

text: Privileges and immunities

text: To enable the Authority to exercise its functions, it shall enjoy in the

text: territory of each State Party the privileges and immunities set forth in this

text: subsection. The privileges and immunities relating to the Enterprise shall be

text: those set forth in Annex IV, article 13.

text: Article 177

text: Immunity from legal process

text: The Authority, its property and assets, shall enjoy immunity from legal

text: process except to the extent that the Authority expressly waives this immunity

text: in a particular case.

text: Article 178

text: Immunity from search and any form of seizure

text: The property and assets of the Authority, wherever located and by

text: whomsoever held, shall be immune from search, requisition, confiscation,

text: expropriation or any other form of seizure by executive or legislative action.

text: Article 179

text: Exemption from restrictions, regulations, controls and moratoria

text: The property and assets of the Authority shall be exempt from

text: restrictions, regulations, controls and moratoria of any nature.

text: Article 180

text: Archives and official communications of the Authority

text: 1. The archives of the Authority, wherever located, shall be inviolable.

text: 2. Proprietary data, industrial secrets or similar information and

text: personnel records shall not be placed in archives which are open to public

text: inspection.

text: 3. With regard to its official communications, the Authority shall be

text: accorded by each State Party treatment no less favourable than that accorded

text: by that State to other international organizations.

text: Article 181

text: Privileges and immunities of certain persons connected with the Authority

text: Representatives of States Parties attending meetings of the Assembly, the

text: Council or organs of the Assembly or the Council, and the Secretary-General

text: and staff of the Authority, shall enjoy in the territory of each State Party:

text: (a) immunity from legal process with respect to acts performed by them

text: in the exercise of their functions, except to the extent that the State

text: which they represent or the Authority, as appropriate, expressly

text: waives this immunity in a particular case;

text: (b) if they are not nationals of that State Party, the same exemptions

text: from immigration restrictions, alien registration requirements and

text: national service obligations, the same facilities as regards exchange

text: restrictions and the same treatment in respect of travelling facilities

text: as are accorded by that State to the representatives, officials and

text: employees of comparable rank of other States Parties.

text: Article 182

text: Exemption from taxes and customs duties

text: 1. Within the scope of its official activities, the Authority, its assets and

text: property, its income, and its operations and transactions, authorized by this

text: Convention, shall be exempt from all direct taxation and goods imported or

text: exported for its official use shall be exempt from all customs duties. The

text: Authority shall not claim exemption from taxes which are no more than

text: charges for services rendered.

text: 2. When purchases of goods or services of substantial value necessary

text: for the official activities of the Authority are made by or on behalf of the

text: Authority, and when the price of such goods or services includes taxes or

text: duties, appropriate measures shall, to the extent practicable, be taken by

text: States Parties to grant exemption from such taxes or duties or provide for

text: their reimbursement. Goods imported or purchased under an exemption

text: provided for in this article shall not be sold or otherwise disposed of in the

text: territory of the State Party which granted the exemption, except under

text: conditions agreed with that State Party.

text: 3. No tax shall be levied by States Parties on or in respect of salaries

text: and emoluments paid or any other form of payment made by the Authority to

text: the Secretary-General and staff of the Authority, as well as experts

text: performing missions for the Authority, who are not their nationals.

text: SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS

text: AND PRIVILEGES OF MEMBERS

text: Article 183

text: Suspension of the exercise of voting rights

text: A State Party which is in arrears in the payment of its financial

text: contributions to the Authority shall have no vote if the amount of its arrears

text: equals or exceeds the amount of the contributions due from it for the

text: preceding two full years. The Assembly may, nevertheless, permit such a

text: member to vote if it is satisfied that the failure to pay is due to conditions

text: beyond the control of the member.

text: Article 184

text: Suspension of exercise of rights and privileges of membership

text: 1. A State Party which has grossly and persistently violated the

text: provisions of this Part may be suspended from the exercise of the rights and

text: privileges of membership by the Assembly upon the recommendation of the

text: Council.

text: 2. No action may be taken under paragraph 1 until the Seabed Disputes

text: Chamber has found that a State Party has grossly and persistently violated the

text: provisions of this Part.

text: SECTION 5. SETTLEMENT OF DISPUTES AND ADVISORY

text: OPINIONS

text: Article 185

text: Seabed Disputes Chamber of the

text: International Tribunal for the Law of the Sea

text: The establishment of the Seabed Disputes Chamber and the manner in

text: which it shall exercise its jurisdiction shall be governed by the provisions of

text: this section, of Part XV and of Annex VI.

text: Article 186

text: Jurisdiction of the Seabed Disputes Chamber

text: The Seabed Disputes Chamber shall have jurisdiction under this Part and

text: the Annexes relating thereto in disputes with respect to activities in the Area

text: falling within the following categories:

text: (a) disputes between States Parties concerning the interpretation or

text: application of this Part and the Annexes relating thereto;

text: (b) disputes between a State Party and the Authority concerning:

text: (i) acts or omissions of the Authority or of a State Party alleged to

text: be in violation of this Part or the Annexes relating thereto or of

text: rules, regulations and procedures of the Authority adopted in

text: accordance therewith; or

text: (ii) acts of the Authority alleged to be in excess of jurisdiction or a

text: misuse of power;

text: (c) disputes between parties to a contract, being States Parties, the

text: Authority or the Enterprise, state enterprises and natural or juridical

text: persons referred to in article 153, paragraph 2(b), concerning:

text: (i) the interpretation or application of a relevant contract or a plan

text: of work; or

text: (ii) acts or omissions of a party to the contract relating to activities

text: in the Area and directed to the other party or directly affecting

text: its legitimate interests;

text: (d) disputes between the Authority and a prospective contractor who has

text: been sponsored by a State as provided in article 153, paragraph 2(b),

text: and has duly fulfilled the conditions referred to in Annex III,

text: article 4, paragraph 6, and article 13, paragraph 2, concerning the

text: refusal of a contract or a legal issue arising in the negotiation of the

text: contract;

text: (e) disputes between the Authority and a State Party, a state enterprise

text: or a natural or juridical person sponsored by a State Party as

text: provided for in article 153, paragraph 2(b), where it is alleged that

text: the Authority has incurred liability as provided in Annex III,

text: article 22;

text: (f) any other disputes for which the jurisdiction of the Chamber is

text: specifically provided in this Convention.

text: Article 187

text: Submission of disputes to a special chamber of the

text: or an ad hoc chamber of the Seabed Disputes Chamber

text: or to binding commercial arbitration

text: 1. Disputes between States Parties referred to in article 187,

text: subparagraph (a), may be submitted:

text: (a) at the request of the parties to the dispute, to a special chamber

text: of the International Tribunal for the Law of the Sea to be

text: formed in accordance with Annex VI, articles 15 and 17; or

text: (b) at the request of any party to the dispute, to an ad hoc chamber

text: of the Seabed Disputes Chamber to be formed in accordance

text: with Annex VI, article 36.

text: 2. (a) Disputes concerning the interpretation or application of a

text: contract referred to in article 187, subparagraph (c)(i), shall be

text: submitted, at the request of any party to the dispute, to binding

text: commercial arbitration, unless the parties otherwise agree.

text: A commercial arbitral tribunal to which the dispute is submitted

text: shall have no jurisdiction to decide any question of

text: interpretation of this Convention. When the dispute also

text: involves a question of the interpretation of Part XI and the

text: Annexes relating thereto, with respect to activities in the Area,

text: that question shall be referred to the Seabed Disputes Chamber

text: for a ruling.

text: (b) If, at the commencement of or in the course of such arbitration,

text: the arbitral tribunal determines, either at the request of any

text: party to the dispute or proprio motu, that its decision depends

text: upon a ruling of the Seabed Disputes Chamber, the arbitral

text: tribunal shall refer such question to the Seabed Disputes

text: Chamber for such ruling. The arbitral tribunal shall then

text: proceed to render its award in conformity with the ruling of the

text: Seabed Disputes Chamber.

text: (c) In the absence of a provision in the contract on the arbitration

text: procedure to be applied in the dispute, the arbitration shall be

text: conducted in accordance with the UNCITRAL Arbitration

text: Rules or such other arbitration rules as may be prescribed in the

text: rules, regulations and procedures of the Authority, unless the

text: parties to the dispute otherwise agree.

text: Article 188

text: Limitation on jurisdiction

text: with regard to decisions of the Authority

text: The Seabed Disputes Chamber shall have no jurisdiction with regard to

text: the exercise by the Authority of its discretionary powers in accordance with

text: this Part; in no case shall it substitute its discretion for that of the Authority.

text: Without prejudice to article 191, in exercising its jurisdiction pursuant to

text: article 187, the Seabed Disputes Chamber shall not pronounce itself on the

text: question of whether any rules, regulations and procedures of the Authority are

text: in conformity with this Convention, nor declare invalid any such rules,

text: regulations and procedures. Its jurisdiction in this regard shall be confined

text: to deciding claims that the application of any rules, regulations and

text: procedures of the Authority in individual cases would be in conflict with the

text: contractual obligations of the parties to the dispute or their obligations under

text: this Convention, claims concerning excess of jurisdiction or misuse of power,

text: and to claims for damages to be paid or other remedy to be given to the party

text: concerned for the failure of the other party to comply with its contractual

text: obligations or its obligations under this Convention.

text: Article 189

text: Participation and appearance

text: of sponsoring States Parties in proceedings

text: 1. If a natural or juridical person is a party to a dispute referred to in

text: article 187, the sponsoring State shall be given notice thereof and shall have

text: the right to participate in the proceedings by submitting written or oral

text: statements.

text: 2. If an action is brought against a State Party by a natural or juridical

text: person sponsored by another State Party in a dispute referred to in article 187,

text: subparagraph (c), the respondent State may request the State sponsoring that

text: person to appear in the proceedings on behalf of that person. Failing such

text: appearance, the respondent State may arrange to be represented by a juridical

text: person of its nationality.

text: Article 190

text: Advisory opinions

text: The Seabed Disputes Chamber shall give advisory opinions at the request

text: of the Assembly or the Council on legal questions arising within the scope of

text: their activities. Such opinions shall be given as a matter of urgency.

text: PROTECTION AND PRESERVATION

text: OF THE MARINE ENVIRONMENT

text: SECTION 1. GENERAL PROVISIONS

text: Article 191

text: General obligation

text: States have the obligation to protect and preserve the marine

text: environment.

text: Article 192

text: Sovereign right of States to exploit their natural resources

text: States have the sovereign right to exploit their natural resources pursuant

text: to their environmental policies and in accordance with their duty to protect

text: and preserve the marine environment.

text: Article 193

text: Measures to prevent, reduce and control pollution

text: of the marine environment

text: 1. States shall take, individually or jointly as appropriate, all measures

text: consistent with this Convention that are necessary to prevent, reduce and

text: control pollution of the marine environment from any source, using for this

text: purpose the best practicable means at their disposal and in accordance with

text: their capabilities, and they shall endeavour to harmonize their policies in this

text: connection.

text: 2. States shall take all measures necessary to ensure that activities

text: under their jurisdiction or control are so conducted as not to cause damage by

text: pollution to other States and their environment, and that pollution arising

text: from incidents or activities under their jurisdiction or control does not spread

text: beyond the areas where they exercise sovereign rights in accordance with this

text: Convention.

text: 3. The measures taken pursuant to this Part shall deal with all sources

text: of pollution of the marine environment. These measures shall include,

text: inter alia, those designed to minimize to the fullest possible extent:

text: (a) the release of toxic, harmful or noxious substances, especially

text: those which are persistent, from land-based sources, from or

text: through the atmosphere or by dumping;

text: (b) pollution from vessels, in particular measures for preventing

text: accidents and dealing with emergencies, ensuring the safety of

text: operations at sea, preventing intentional and unintentional

text: discharges, and regulating the design, construction, equipment,

text: operation and manning of vessels;

text: (c) pollution from installations and devices used in exploration or

text: exploitation of the natural resources of the seabed and subsoil,

text: in particular measures for preventing accidents and dealing with

text: emergencies, ensuring the safety of operations at sea, and

text: regulating the design, construction, equipment, operation and

text: manning of such installations or devices;

text: (d) pollution from other installations and devices operating in the

text: marine environment, in particular measures for preventing

text: operations at sea, and regulating the design, construction,

text: equipment, operation and manning of such installations or

text: devices.

text: 4. In taking measures to prevent, reduce or control pollution of the

text: marine environment, States shall refrain from unjustifiable interference with

text: activities carried out by other States in the exercise of their rights and in

text: pursuance of their duties in conformity with this Convention.

text: 5. The measures taken in accordance with this Part shall include those

text: necessary to protect and preserve rare or fragile ecosystems as well as the

text: habitat of depleted, threatened or endangered species and other forms of

text: marine life.

text: Article 194

text: Duty not to transfer damage or hazards

text: or transform one type of pollution into another

text: In taking measures to prevent, reduce and control pollution of the marine

text: environment, States shall act so as not to transfer, directly or indirectly,

text: damage or hazards from one area to another or transform one type of

text: pollution into another.

text: Article 195

text: Use of technologies or introduction of alien or new species

text: 1. States shall take all measures necessary to prevent, reduce and

text: control pollution of the marine environment resulting from the use of

text: technologies under their jurisdiction or control, or the intentional or

text: accidental introduction of species, alien or new, to a particular part of the

text: marine environment, which may cause significant and harmful changes

text: thereto.

text: 2. This article does not affect the application of this Convention

text: regarding the prevention, reduction and control of pollution of the marine

text: environment.

text: SECTION 2. GLOBAL AND REGIONAL COOPERATION

text: Article 196

text: Cooperation on a global or regional basis

text: States shall cooperate on a global basis and, as appropriate, on a regional

text: basis, directly or through competent international organizations, in

text: formulating and elaborating international rules, standards and recommended

text: practices and procedures consistent with this Convention, for the protection

text: and preservation of the marine environment, taking into account characteristic

text: regional features.

text: Article 197

text: Notification of imminent or actual damage

text: When a State becomes aware of cases in which the marine environment

text: is in imminent danger of being damaged or has been damaged by pollution,

text: it shall immediately notify other States it deems likely to be affected by such

text: damage, as well as the competent international organizations.

text: Article 198

text: Contingency plans against pollution

text: In the cases referred to in article 198, States in the area affected, in

text: accordance with their capabilities, and the competent international

text: organizations shall cooperate, to the extent possible, in eliminating the effects

text: of pollution and preventing or minimizing the damage. To this end, States

text: shall jointly develop and promote contingency plans for responding to

text: pollution incidents in the marine environment.

text: Article 199

text: Studies, research programmes and exchange of information and data

text: States shall cooperate, directly or through competent international

text: organizations, for the purpose of promoting studies, undertaking programmes

text: of scientific research and encouraging the exchange of information and data

text: acquired about pollution of the marine environment. They shall endeavour

text: to participate actively in regional and global programmes to acquire

text: knowledge for the assessment of the nature and extent of pollution, exposure

text: to it, and its pathways, risks and remedies.

text: Article 200

text: Scientific criteria for regulations

text: In the light of the information and data acquired pursuant to article 200,

text: organizations, in establishing appropriate scientific criteria for the

text: formulation and elaboration of rules, standards and recommended practices

text: and procedures for the prevention, reduction and control of pollution of the

text: marine environment.

text: SECTION 3. TECHNICAL ASSISTANCE

text: Article 201

text: Scientific and technical assistance to developing States

text: States shall, directly or through competent international organizations:

text: (a) promote programmes of scientific, educational, technical and other

text: assistance to developing States for the protection and preservation

text: of the marine environment and the prevention, reduction and control

text: of marine pollution. Such assistance shall include, inter alia:

text: (i) training of their scientific and technical personnel;

text: (ii) facilitating their participation in relevant international

text: programmes;

text: (iii) supplying them with necessary equipment and facilities;

text: (iv) enhancing their capacity to manufacture such equipment;

text: (v) advice on and developing facilities for research, monitoring,

text: educational and other programmes;

text: (b) provide appropriate assistance, especially to developing States, for

text: the minimization of the effects of major incidents which may cause

text: serious pollution of the marine environment;

text: (c) provide appropriate assistance, especially to developing States,

text: concerning the preparation of environmental assessments.

text: Article 202

text: Preferential treatment for developing States

text: Developing States shall, for the purposes of prevention, reduction and

text: control of pollution of the marine environment or minimization of its effects,

text: be granted preference by international organizations in:

text: (a) the allocation of appropriate funds and technical assistance; and

text: (b) the utilization of their specialized services.

text: SECTION 4. MONITORING AND ENVIRONMENTAL

text: ASSESSMENT

text: Article 203

text: Monitoring of the risks or effects of pollution

text: 1. States shall, consistent with the rights of other States, endeavour, as

text: far as practicable, directly or through the competent international

text: organizations, to observe, measure, evaluate and analyse, by recognized

text: scientific methods, the risks or effects of pollution of the marine environment.

text: 2. In particular, States shall keep under surveillance the effects of any

text: activities which they permit or in which they engage in order to determine

text: whether these activities are likely to pollute the marine environment.

text: Article 204

text: Publication of reports

text: States shall publish reports of the results obtained pursuant to article 204

text: or provide such reports at appropriate intervals to the competent international

text: organizations, which should make them available to all States.

text: Article 205

text: Assessment of potential effects of activities

text: When States have reasonable grounds for believing that planned

text: activities under their jurisdiction or control may cause substantial pollution

text: of or significant and harmful changes to the marine environment, they shall,

text: as far as practicable, assess the potential effects of such activities on the

text: marine environment and shall communicate reports of the results of such

text: assessments in the manner provided in article 205.

text: SECTION 5. INTERNATIONAL RULES AND NATIONAL

text: LEGISLATION

text: TO PREVENT, REDUCE AND CONTROL

text: POLLUTION OF THE MARINE ENVIRONMENT

text: Article 206

text: Pollution from land-based sources

text: 1. States shall adopt laws and regulations to prevent, reduce and control

text: pollution of the marine environment from land-based sources, including

text: rivers, estuaries, pipelines and outfall structures, taking into account

text: internationally agreed rules, standards and recommended practices and

text: procedures.

text: 2. States shall take other measures as may be necessary to prevent,

text: reduce and control such pollution.

text: 3. States shall endeavour to harmonize their policies in this connection

text: at the appropriate regional level.

text: 4. States, acting especially through competent international

text: organizations or diplomatic conference, shall endeavour to establish global

text: and regional rules, standards and recommended practices and procedures to

text: prevent, reduce and control pollution of the marine environment from

text: land-based sources, taking into account characteristic regional features, the

text: economic capacity of developing States and their need for economic

text: development. Such rules, standards and recommended practices and

text: procedures shall be re-examined from time to time as necessary.

text: 5. Laws, regulations, measures, rules, standards and recommended

text: practices and procedures referred to in paragraphs 1, 2 and 4 shall include

text: those designed to minimize, to the fullest extent possible, the release of toxic,

text: harmful or noxious substances, especially those which are persistent, into the

text: marine environment.

text: Article 207

text: Pollution from seabed activities subject to national jurisdiction

text: 1 Coastal States shall adopt laws and regulations to prevent, reduce

text: and control pollution of the marine environment arising from or in connection

text: with seabed activities subject to their jurisdiction and from artificial islands,

text: installations and structures under their jurisdiction, pursuant to articles 60

text: and 80.

text: reduce and control such pollution.

text: 3. Such laws, regulations and measures shall be no less effective than

text: international rules, standards and recommended practices and procedures.

text: 4. States shall endeavour to harmonize their policies in this connection

text: at the appropriate regional level.

text: 5. States, acting especially through competent international

text: organizations or diplomatic conference, shall establish global and regional

text: rules, standards and recommended practices and procedures to prevent,

text: reduce and control pollution of the marine environment referred to in

text: paragraph l. Such rules, standards and recommended practices and

text: Article 208

text: Pollution from activities in the Area

text: 1. International rules, regulations and procedures shall be established

text: in accordance with Part XI to prevent, reduce and control pollution of the

text: marine environment from activities in the Area. Such rules, regulations and

text: 2. Subject to the relevant provisions of this section, States shall adopt

text: laws and regulations to prevent, reduce and control pollution of the marine

text: environment from activities in the Area undertaken by vessels, installations,

text: structures and other devices flying their flag or of their registry or operating

text: under their authority, as the case may be. The requirements of such laws and

text: regulations shall be no less effective than the international rules, regulations

text: and procedures referred to in paragraph 1.

text: Article 209

text: Pollution by dumping

text: pollution of the marine environment by dumping.

text: reduce and control such pollution.

text: 3. Such laws, regulations and measures shall ensure that dumping is not

text: carried out without the permission of the competent authorities of States.

text: prevent, reduce and control such pollution. Such rules, standards and

text: recommended practices and procedures shall be re-examined from time to

text: time as necessary.

text: 5. Dumping within the territorial sea and the exclusive economic zone

text: or onto the continental shelf shall not be carried out without the express prior

text: approval of the coastal State, which has the right to permit, regulate and

text: control such dumping after due consideration of the matter with other States

text: which by reason of their geographical situation may be adversely affected

text: thereby.

text: 6. National laws, regulations and measures shall be no less effective in

text: preventing, reducing and controlling such pollution than the global rules and

text: standards.

text: Article 210

text: Pollution from vessels

text: 1. States, acting through the competent international organization or

text: general diplomatic conference, shall establish international rules and

text: standards to prevent, reduce and control pollution of the marine environment

text: from vessels and promote the adoption, in the same manner, wherever

text: appropriate, of routeing systems designed to minimize the threat of accidents

text: which might cause pollution of the marine environment, including the

text: coastline, and pollution damage to the related interests of coastal States. Such

text: rules and standards shall, in the same manner, be re-examined from time to

text: time as necessary.

text: 2. States shall adopt laws and regulations for the prevention, reduction

text: and control of pollution of the marine environment from vessels flying their

text: flag or of their registry. Such laws and regulations shall at least have the

text: same effect as that of generally accepted international rules and standards

text: established through the competent international organization or general

text: diplomatic conference.

text: 3. States which establish particular requirements for the prevention,

text: reduction and control of pollution of the marine environment as a condition

text: for the entry of foreign vessels into their ports or internal waters or for a call

text: at their off-shore terminals shall give due publicity to such requirements and

text: shall communicate them to the competent international organization.

text: Whenever such requirements are established in identical form by two or more

text: coastal States in an endeavour to harmonize policy, the communication shall

text: indicate which States are participating in such cooperative arrangements.

text: Every State shall require the master of a vessel flying its flag or of its registry,

text: when navigating within the territorial sea of a State participating in such

text: cooperative arrangements, to furnish, upon the request of that State,

text: information as to whether it is proceeding to a State of the same region

text: participating in such cooperative arrangements and, if so, to indicate whether

text: it complies with the port entry requirements of that State. This article is

text: without prejudice to the continued exercise by a vessel of its right of innocent

text: passage or to the application of article 25, paragraph 2.

text: 4. Coastal States may, in the exercise of their sovereignty within their

text: territorial sea, adopt laws and regulations for the prevention, reduction and

text: control of marine pollution from foreign vessels, including vessels exercising

text: the right of innocent passage. Such laws and regulations shall, in accordance

text: with Part II, section 3, not hamper innocent passage of foreign vessels.

text: 5. Coastal States, for the purpose of enforcement as provided for in

text: regulations for the prevention, reduction and control of pollution from vessels

text: conforming to and giving effect to generally accepted international rules and

text: standards established through the competent international organization or

text: general diplomatic conference.

text: 6. (a) Where the international rules and standards referred to in

text: paragraph 1 are inadequate to meet special circumstances and

text: coastal States have reasonable grounds for believing that a

text: particular, clearly defined area of their respective exclusive

text: economic zones is an area where the adoption of special

text: mandatory measures for the prevention of pollution from

text: vessels is required for recognized technical reasons in relation

text: to its oceanographical and ecological conditions, as well as its

text: utilization or the protection of its resources and the particular

text: character of its traffic, the coastal States, after appropriate

text: consultations through the competent international organization

text: with any other States concerned, may, for that area, direct a

text: communication to that organization, submitting scientific and

text: technical evidence in support and information on necessary

text: reception facilities. Within 12 months after receiving such a

text: communication, the organization shall determine whether the

text: conditions in that area correspond to the requirements set out

text: above. If the organization so determines, the coastal States

text: may, for that area, adopt laws and regulations for the

text: prevention, reduction and control of pollution from vessels

text: implementing such international rules and standards or

text: navigational practices as are made applicable, through the

text: organization, for special areas. These laws and regulations

text: shall not become applicable to foreign vessels until 15 months

text: after the submission of the communication to the organization.

text: (b) The coastal States shall publish the limits of any such

text: particular, clearly defined area.

text: (c) If the coastal States intend to adopt additional laws and

text: regulations for the same area for the prevention, reduction and

text: control of pollution from vessels, they shall, when submitting

text: the aforesaid communication, at the same time notify the

text: organization thereof. Such additional laws and regulations may

text: relate to discharges or navigational practices but shall not

text: require foreign vessels to observe design, construction,

text: manning or equipment standards other than generally accepted

text: international rules and standards; they shall become applicable

text: to foreign vessels 15 months after the submission of the

text: communication to the organization, provided that the

text: organization agrees within 12 months after the submission of

text: the communication.

text: 7. The international rules and standards referred to in this article should

text: include inter alia those relating to prompt notification to coastal States,

text: whose coastline or related interests may be affected by incidents, including

text: maritime casualties, which involve discharges or probability of discharges.

text: Article 211

text: Pollution from or through the atmosphere

text: pollution of the marine environment from or through the atmosphere,

text: applicable to the air space under their sovereignty and to vessels flying their

text: flag or vessels or aircraft of their registry, taking into account internationally

text: agreed rules, standards and recommended practices and procedures and the

text: safety of air navigation.

text: reduce and control such pollution.

text: 3. States, acting especially through competent international

text: prevent, reduce and control such pollution.

text: SECTION 6. ENFORCEMENT

text: Article 212

text: Enforcement with respect to pollution from land-based sources

text: States shall enforce their laws and regulations adopted in accordance

text: with article 207 and shall adopt laws and regulations and take other measures

text: necessary to implement applicable international rules and standards

text: established through competent international organizations or diplomatic

text: conference to prevent, reduce and control pollution of the marine

text: environment from land-based sources.

text: Article 213

text: Enforcement with respect to pollution from seabed activities

text: with article 208 and shall adopt laws and regulations and take other measures

text: environment arising from or in connection with seabed activities subject to

text: their jurisdiction and from artificial islands, installations and structures under

text: their jurisdiction, pursuant to articles 60 and 80.

text: Article 214

text: Enforcement with respect to pollution from activities in the Area

text: Enforcement of international rules, regulations and procedures

text: established in accordance with Part XI to prevent, reduce and control

text: pollution of the marine environment from activities in the Area shall be

text: governed by that Part.

text: Article 215

text: Enforcement with respect to pollution by dumping

text: 1. Laws and regulations adopted in accordance with this Convention

text: and applicable international rules and standards established through

text: competent international organizations or diplomatic conference for the

text: prevention, reduction and control of pollution of the marine environment by

text: dumping shall be enforced:

text: (a) by the coastal State with regard to dumping within its territorial

text: sea or its exclusive economic zone or onto its continental shelf;

text: (b) by the flag State with regard to vessels flying its flag or vessels

text: or aircraft of its registry;

text: (c) by any State with regard to acts of loading of wastes or other

text: matter occurring within its territory or at its off-shore terminals.

text: 2. No State shall be obliged by virtue of this article to institute

text: proceedings when another State has already instituted proceedings in

text: accordance with this article.

text: Article 216

text: Enforcement by flag States

text: 1. States shall ensure compliance by vessels flying their flag or of their

text: registry with applicable international rules and standards, established through

text: the competent international organization or general diplomatic conference,

text: and with their laws and regulations adopted in accordance with this

text: Convention for the prevention, reduction and control of pollution of the

text: marine environment from vessels and shall accordingly adopt laws and

text: regulations and take other measures necessary for their implementation. Flag

text: States shall provide for the effective enforcement of such rules, standards,

text: laws and regulations, irrespective of where a violation occurs.

text: 2. States shall, in particular, take appropriate measures in order to

text: ensure that vessels flying their flag or of their registry are prohibited from

text: sailing, until they can proceed to sea in compliance with the requirements of

text: the international rules and standards referred to in paragraph 1, including

text: requirements in respect of design, construction, equipment and manning of

text: vessels.

text: 3. States shall ensure that vessels flying their flag or of their registry

text: carry on board certificates required by and issued pursuant to international

text: rules and standards referred to in paragraph 1. States shall ensure that vessels

text: flying their flag are periodically inspected in order to verify that such

text: certificates are in conformity with the actual condition of the vessels. These

text: certificates shall be accepted by other States as evidence of the condition of

text: the vessels and shall be regarded as having the same force as certificates

text: issued by them, unless there are clear grounds for believing that the condition

text: of the vessel does not correspond substantially with the particulars of the

text: certificates.

text: 4. If a vessel commits a violation of rules and standards established

text: through the competent international organization or general diplomatic

text: conference, the flag State, without prejudice to articles 218, 220 and 228,

text: shall provide for immediate investigation and where appropriate institute

text: proceedings in respect of the alleged violation irrespective of where the

text: violation occurred or where the pollution caused by such violation has

text: occurred or has been spotted.

text: 5. Flag States conducting an investigation of the violation may request

text: the assistance of any other State whose cooperation could be useful in

text: clarifying the circumstances of the case. States shall endeavour to meet

text: appropriate requests of flag States.

text: 6. States shall, at the written request of any State, investigate any

text: violation alleged to have been committed by vessels flying their flag. If

text: satisfied that sufficient evidence is available to enable proceedings to be

text: brought in respect of the alleged violation, flag States shall without delay

text: institute such proceedings in accordance with their laws.

text: 7. Flag States shall promptly inform the requesting State and the

text: competent international organization of the action taken and its outcome.

text: Such information shall be available to all States.

text: 8. Penalties provided for by the laws and regulations of States for

text: vessels flying their flag shall be adequate in severity to discourage violations

text: wherever they occur.

text: Article 217

text: Enforcement by port States

text: 1. When a vessel is voluntarily within a port or at an off-shore terminal

text: of a State, that State may undertake investigations and, where the evidence so

text: warrants, institute proceedings in respect of any discharge from that vessel

text: outside the internal waters, territorial sea or exclusive economic zone of that

text: State in violation of applicable international rules and standards established

text: conference.

text: 2. No proceedings pursuant to paragraph 1 shall be instituted in respect

text: of a discharge violation in the internal waters, territorial sea or exclusive

text: economic zone of another State unless requested by that State, the flag State,

text: or a State damaged or threatened by the discharge violation, or unless the

text: violation has caused or is likely to cause pollution in the internal waters,

text: territorial sea or exclusive economic zone of the State instituting the

text: proceedings.

text: 3. When a vessel is voluntarily within a port or at an off-shore terminal

text: of a State, that State shall, as far as practicable, comply with requests from

text: any State for investigation of a discharge violation referred to in paragraph 1,

text: believed to have occurred in, caused, or threatened damage to the internal

text: waters, territorial sea or exclusive economic zone of the requesting State. It

text: shall likewise, as far as practicable, comply with requests from the flag State

text: for investigation of such a violation, irrespective of where the violation

text: occurred.

text: 4. The records of the investigation carried out by a port State pursuant

text: to this article shall be transmitted upon request to the flag State or to the

text: coastal State. Any proceedings instituted by the port State on the basis of

text: such an investigation may, subject to section 7, be suspended at the request

text: of the coastal State when the violation has occurred within its internal waters,

text: territorial sea or exclusive economic zone. The evidence and records of the

text: case, together with any bond or other financial security posted with the

text: authorities of the port State, shall in that event be transmitted to the coastal

text: State. Such transmittal shall preclude the continuation of proceedings in the

text: port State.

text: Article 218

text: Measures relating to seaworthiness of vessels to avoid pollution

text: Subject to section 7, States which, upon request or on their own

text: initiative, have ascertained that a vessel within one of their ports or at one of

text: their off-shore terminals is in violation of applicable international rules and

text: standards relating to seaworthiness of vessels and thereby threatens damage

text: to the marine environment shall, as far as practicable, take administrative

text: measures to prevent the vessel from sailing. Such States may permit the

text: vessel to proceed only to the nearest appropriate repair yard and, upon

text: removal of the causes of the violation, shall permit the vessel to continue

text: immediately.

text: Article 219

text: Enforcement by coastal States

text: of a State, that State may, subject to section 7, institute proceedings in respect

text: of any violation of its laws and regulations adopted in accordance with this

text: Convention or applicable international rules and standards for the prevention,

text: reduction and control of pollution from vessels when the violation has

text: occurred within the territorial sea or the exclusive economic zone of that

text: State.

text: 2. Where there are clear grounds for believing that a vessel navigating

text: in the territorial sea of a State has, during its passage therein, violated laws

text: and regulations of that State adopted in accordance with this Convention or

text: applicable international rules and standards for the prevention, reduction and

text: control of pollution from vessels, that State, without prejudice to the

text: application of the relevant provisions of Part II, section 3, may undertake

text: physical inspection of the vessel relating to the violation and may, where the

text: evidence so warrants, institute proceedings, including detention of the vessel,

text: in accordance with its laws, subject to the provisions of section 7.

text: 3. Where there are clear grounds for believing that a vessel navigating

text: in the exclusive economic zone or the territorial sea of a State has, in the

text: exclusive economic zone, committed a violation of applicable international

text: rules and standards for the prevention, reduction and control of pollution

text: from vessels or laws and regulations of that State conforming and giving

text: effect to such rules and standards, that State may require the vessel to give

text: information regarding its identity and port of registry, its last and its next port

text: of call and other relevant information required to establish whether a violation

text: has occurred.

text: 4. States shall adopt laws and regulations and take other measures so

text: that vessels flying their flag comply with requests for information pursuant

text: to paragraph 3.

text: 5. Where there are clear grounds for believing that a vessel navigating

text: exclusive economic zone, committed a violation referred to in paragraph 3

text: resulting in a substantial discharge causing or threatening significant pollution

text: of the marine environment, that State may undertake physical inspection of

text: the vessel for matters relating to the violation if the vessel has refused to give

text: information or if the information supplied by the vessel is manifestly at

text: variance with the evident factual situation and if the circumstances of the case

text: justify such inspection.

text: 6. Where there is clear objective evidence that a vessel navigating in

text: the exclusive economic zone or the territorial sea of a State has, in the

text: resulting in a discharge causing major damage or threat of major damage to

text: the coastline or related interests of the coastal State, or to any resources of its

text: territorial sea or exclusive economic zone, that State may, subject to section 7,

text: provided that the evidence so warrants, institute proceedings, including

text: detention of the vessel, in accordance with its laws.

text: 7. Notwithstanding the provisions of paragraph 6, whenever

text: appropriate procedures have been established, either through the competent

text: international organization or as otherwise agreed, whereby compliance with

text: requirements for bonding or other appropriate financial security has been

text: assured, the coastal State if bound by such procedures shall allow the vessel

text: to proceed.

text: 8. The provisions of paragraphs 3, 4, 5, 6and 7 also apply in respect of

text: national laws and regulations adopted pursuant to article 211, paragraph 6.

text: Article 220

text: Measures to avoid pollution arising from maritime casualties

text: 1. Nothing in this Part shall prejudice the right of States, pursuant to

text: international law, both customary and conventional, to take and enforce

text: measures beyond the territorial sea proportionate to the actual or threatened

text: damage to protect their coastline or related interests, including fishing, from

text: pollution or threat of pollution following upon a maritime casualty or acts

text: relating to such a casualty, which may reasonably be expected to result in

text: major harmful consequences.

text: 2. For the purposes of this article, "maritime casualty" means a

text: collision of vessels, stranding or other incident of navigation, or other

text: occurrence on board a vessel or external to it resulting in material damage or

text: imminent threat of material damage to a vessel or cargo.

text: Article 221

text: Enforcement with respect to pollution from or through the atmosphere

text: States shall enforce, within the air space under their sovereignty or with

text: regard to vessels flying their flag or vessels or aircraft of their registry, their

text: laws and regulations adopted in accordance with article 212, paragraph 1, and

text: with other provisions of this Convention and shall adopt laws and regulations

text: and take other measures necessary to implement applicable international rules

text: and standards established through competent international organizations or

text: diplomatic conference to prevent, reduce and control pollution of the marine

text: environment from or through the atmosphere, in conformity with all relevant

text: international rules and standards concerning the safety of air navigation.

text: SECTION 7. SAFEGUARDS

text: Article 222

text: Measures to facilitate proceedings

text: In proceedings instituted pursuant to this Part, States shall take measures

text: to facilitate the hearing of witnesses and the admission of evidence submitted

text: by authorities of another State, or by the competent international organization,

text: and shall facilitate the attendance at such proceedings of official

text: representatives of the competent international organization, the flag State and

text: any State affected by pollution arising out of any violation. The official

text: representatives attending such proceedings shall have such rights and duties

text: as may be provided under national laws and regulations or international law.

text: Article 223

text: Exercise of powers of enforcement

text: The powers of enforcement against foreign vessels under this Part may

text: only be exercised by officials or by warships, military aircraft, or other ships

text: or aircraft clearly marked and identifiable as being on government service and

text: authorized to that effect.

text: Article 224

text: Duty to avoid adverse consequences

text: in the exercise of the powers of enforcement

text: In the exercise under this Convention of their powers of enforcement

text: against foreign vessels, States shall not endanger the safety of navigation or

text: otherwise create any hazard to a vessel, or bring it to an unsafe port or

text: anchorage, or expose the marine environment to an unreasonable risk.

text: Article 225

text: Investigation of foreign vessels

text: (a) States shall not delay a foreign vessel longer than is essential

text: for purposes of the investigations provided for in articles 216,

text: 218 and 220. Any physical inspection of a foreign vessel shall

text: be limited to an examination of such certificates, records or

text: other documents as the vessel is required to carry by generally

text: accepted international rules and standards or of any similar

text: documents which it is carrying; further physical inspection of

text: the vessel may be undertaken only after such an examination

text: and only when:

text: (i) there are clear grounds for believing that the condition of

text: the vessel or its equipment does not correspond

text: substantially with the particulars of those documents;

text: (ii) the contents of such documents are not sufficient to

text: confirm or verify a suspected violation; or

text: (iii) the vessel is not carrying valid certificates and records.

text: (b) If the investigation indicates a violation of applicable laws and

text: regulations or international rules and standards for the

text: protection and preservation of the marine environment, release

text: shall be made promptly subject to reasonable procedures such

text: as bonding or other appropriate financial security.

text: (c) Without prejudice to applicable international rules and

text: standards relating to the seaworthiness of vessels, the release of

text: a vessel may, whenever it would present an unreasonable threat

text: of damage to the marine environment, be refused or made

text: conditional upon proceeding to the nearest appropriate repair

text: yard. Where release has been refused or made conditional, the

text: flag State of the vessel must be promptly notified, and may seek

text: release of the vessel in accordance with Part XV.

text: 2. States shall cooperate to develop procedures for the avoidance of

text: unnecessary physical inspection of vessels at sea.

text: Article 226

text: Non-discrimination with respect to foreign vessels

text: In exercising their rights and performing their duties under this Part,

text: States shall not discriminate in form or in fact against vessels of any other

text: State.

text: Article 227

text: Suspension and restrictions on institution of proceedings

text: 1. Proceedings to impose penalties in respect of any violation of

text: applicable laws and regulations or international rules and standards relating

text: to the prevention, reduction and control of pollution from vessels committed

text: by a foreign vessel beyond the territorial sea of the State instituting

text: proceedings shall be suspended upon the taking of proceedings to impose

text: penalties in respect of corresponding charges by the flag State within six

text: months of the date on which proceedings were first instituted, unless those

text: proceedings relate to a case of major damage to the coastal State or the flag

text: State in question has repeatedly disregarded its obligation to enforce

text: effectively the applicable international rules and standards in respect of

text: violations committed by its vessels. The flag State shall in due course make

text: available to the State previously instituting proceedings a full dossier of the

text: case and the records of the proceedings, whenever the flag State has

text: requested the suspension of proceedings in accordance with this article.

text: When proceedings instituted by the flag State have been brought to a

text: conclusion, the suspended proceedings shall be terminated. Upon payment

text: of costs incurred in respect of such proceedings, any bond posted or other

text: financial security provided in connection with the suspended proceedings

text: shall be released by the coastal State.

text: 2. Proceedings to impose penalties on foreign vessels shall not be

text: instituted after the expiry of three years from the date on which the violation

text: was committed, and shall not be taken by any State in the event of

text: proceedings having been instituted by another State subject to the provisions

text: set out in paragraph 1.

text: 3. The provisions of this article are without prejudice to the right of the

text: flag State to take any measures, including proceedings to impose penalties,

text: according to its laws irrespective of prior proceedings by another State.

text: Article 228

text: Institution of civil proceedings

text: Nothing in this Convention affects the institution of civil proceedings in

text: respect of any claim for loss or damage resulting from pollution of the marine

text: environment.

text: Article 229

text: Monetary penalties and the observance of recognized rights of the accused

text: 1. Monetary penalties only may be imposed with respect to violations

text: of national laws and regulations or applicable international rules and

text: standards for the prevention, reduction and control of pollution of the marine

text: environment, committed by foreign vessels beyond the territorial sea.

text: 2. Monetary penalties only may be imposed with respect to violations

text: environment, committed by foreign vessels in the territorial sea, except in the

text: case of a wilful and serious act of pollution in the territorial sea.

text: 3. In the conduct of proceedings in respect of such violations

text: committed by a foreign vessel which may result in the imposition of penalties,

text: recognized rights of the accused shall be observed.

text: Article 230

text: Notification to the flag State and other States concerned

text: States shall promptly notify the flag State and any other State concerned

text: of any measures taken pursuant to section 6 against foreign vessels, and shall

text: submit to the flag State all official reports concerning such measures.

text: However, with respect to violations committed in the territorial sea, the

text: foregoing obligations of the coastal State apply only to such measures as are

text: taken in proceedings. The diplomatic agents or consular officers and where

text: possible the maritime authority of the flag State, shall be immediately

text: informed of any such measures taken pursuant to section 6 against foreign

text: vessels.

text: Article 231

text: Liability of States arising from enforcement measures

text: States shall be liable for damage or loss attributable to them arising from

text: measures taken pursuant to section 6 when such measures are unlawful or

text: exceed those reasonably required in the light of available information. States

text: shall provide for recourse in their courts for actions in respect of such damage

text: or loss.

text: Article 232

text: Safeguards with respect to straits used for international navigation

text: Nothing in sections 5, 6 and 7 affects the legal regime of straits used for

text: international navigation. However, if a foreign ship other than those referred

text: to in section 10 has committed a violation of the laws and regulations referred

text: to in article 42, paragraph 1(a) and (b), causing or threatening major damage

text: to the marine environment of the straits, the States bordering the straits may

text: take appropriate enforcement measures and if so shall respect

text: mutatis mutandis the provisions of this section.

text: SECTION 8. ICE-COVERED AREAS

text: Article 233

text: Ice-covered areas

text: Coastal States have the right to adopt and enforce non-discriminatory

text: laws and regulations for the prevention, reduction and control of marine

text: pollution from vessels in ice-covered areas within the limits of the exclusive

text: economic zone, where particularly severe climatic conditions and the

text: presence of ice covering such areas for most of the year create obstructions

text: or exceptional hazards to navigation, and pollution of the marine environment

text: could cause major harm to or irreversible disturbance of the ecological

text: balance. Such laws and regulations shall have due regard to navigation and

text: the protection and preservation of the marine environment based on the best

text: available scientific evidence.

text: SECTION 9. RESPONSIBILITY AND LIABILITY

text: Article 234

text: Responsibility and liability

text: 1. States are responsible for the fulfilment of their international

text: obligations concerning the protection and preservation of the marine

text: environment. They shall be liable in accordance with international law.

text: 2. States shall ensure that recourse is available in accordance with their

text: legal systems for prompt and adequate compensation or other relief in respect

text: of damage caused by pollution of the marine environment by natural or

text: juridical persons under their jurisdiction.

text: 3. With the objective of assuring prompt and adequate compensation

text: in respect of all damage caused by pollution of the marine environment,

text: States shall cooperate in the implementation of existing international law and

text: the further development of international law relating to responsibility and

text: liability for the assessment of and compensation for damage and the

text: settlement of related disputes, as well as, where appropriate, development of

text: criteria and procedures for payment of adequate compensation, such as

text: compulsory insurance or compensation funds.

text: SECTION 10. SOVEREIGN IMMUNITY

text: Article 235

text: Sovereign immunity

text: The provisions of this Convention regarding the protection and

text: preservation of the marine environment do not apply to any warship, naval

text: auxiliary, other vessels or aircraft owned or operated by a State and used, for

text: the time being, only on government non-commercial service. However, each

text: State shall ensure, by the adoption of appropriate measures not impairing

text: operations or operational capabilities of such vessels or aircraft owned or

text: operated by it, that such vessels or aircraft act in a manner consistent, so far

text: as is reasonable and practicable, with this Convention.

text: SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS

text: ON THE PROTECTION AND PRESERVATION

text: OF THE MARINE ENVIRONMENT

text: Article 236

text: Obligations under other conventions on the

text: protection and preservation of the marine environment

text: 1. The provisions of this Part are without prejudice to the specific

text: obligations assumed by States under special conventions and agreements

text: concluded previously which relate to the protection and preservation of the

text: marine environment and to agreements which may be concluded in

text: furtherance of the general principles set forth in this Convention.

text: 2. Specific obligations assumed by States under special conventions,

text: with respect to the protection and preservation of the marine environment,

text: should be carried out in a manner consistent with the general principles and

text: objectives of this Convention.

text: MARINE SCIENTIFIC RESEARCH

text: SECTION 1. GENERAL PROVISIONS

text: Article 237

text: Right to conduct marine scientific research

text: All States, irrespective of their geographical location, and competent

text: international organizations have the right to conduct marine scientific

text: research subject to the rights and duties of other States as provided for in this

text: Convention.

text: Article 238

text: Promotion of marine scientific research

text: States and competent international organizations shall promote and

text: facilitate the development and conduct of marine scientific research in

text: accordance with this Convention.

text: Article 239

text: General principles for the conduct of marine scientific research

text: In the conduct of marine scientific research the following principles shall

text: apply:

text: (a) marine scientific research shall be conducted exclusively for

text: peaceful purposes;

text: (b) marine scientific research shall be conducted with appropriate

text: scientific methods and means compatible with this Convention;

text: (c) marine scientific research shall not unjustifiably interfere with other

text: legitimate uses of the sea compatible with this Convention and shall

text: be duly respected in the course of such uses;

text: (d) marine scientific research shall be conducted in compliance with all

text: relevant regulations adopted in conformity with this Convention

text: including those for the protection and preservation of the marine

text: environment.

text: Article 240

text: Non-recognition of marine scientific research activities

text: as the legal basis for claims

text: Marine scientific research activities shall not constitute the legal basis for

text: any claim to any part of the marine environment or its resources.

text: SECTION 2. INTERNATIONAL COOPERATION

text: Article 241

text: Promotion of international cooperation

text: 1. States and competent international organizations shall, in accordance

text: with the principle of respect for sovereignty and jurisdiction and on the basis

text: of mutual benefit, promote international cooperation in marine scientific

text: research for peaceful purposes.

text: 2. In this context, without prejudice to the rights and duties of States

text: under this Convention, a State, in the application of this Part, shall provide,

text: as appropriate, other States with a reasonable opportunity to obtain from it,

text: or with its cooperation, information necessary to prevent and control damage

text: to the health and safety of persons and to the marine environment.

text: Article 242

text: Creation of favourable conditions

text: States and competent international organizations shall cooperate, through

text: the conclusion of bilateral and multilateral agreements, to create favourable

text: conditions for the conduct of marine scientific research in the marine

text: environment and to integrate the efforts of scientists in studying the essence

text: of phenomena and processes occurring in the marine environment and the

text: interrelations between them.

text: Article 243

text: Publication and dissemination of information and knowledge

text: with this Convention, make available by publication and dissemination

text: through appropriate channels information on proposed major programmes and

text: their objectives as well as knowledge resulting from marine scientific

text: research.

text: 2. For this purpose, States, both individually and in cooperation with

text: other States and with competent international organizations, shall actively

text: promote the flow of scientific data and information and the transfer of

text: knowledge resulting from marine scientific research, especially to developing

text: States, as well as the strengthening of the autonomous marine scientific

text: research capabilities of developing States through, inter alia, programmes to

text: provide adequate education and training of their technical and scientific

text: personnel.

text: SECTION 3. CONDUCT AND PROMOTION OF

text: MARINE SCIENTIFIC RESEARCH

text: Article 244

text: Marine scientific research in the territorial sea

text: Coastal States, in the exercise of their sovereignty, have the exclusive

text: right to regulate, authorize and conduct marine scientific research in their

text: territorial sea. Marine scientific research therein shall be conducted only with

text: the express consent of and under the conditions set forth by the coastal State.

text: Article 245

text: Marine scientific research in the exclusive economic zone

text: and on the continental shelf

text: 1. Coastal States, in the exercise of their jurisdiction, have the right to

text: regulate, authorize and conduct marine scientific research in their exclusive

text: economic zone and on their continental shelf in accordance with the relevant

text: provisions of this Convention.

text: 2. Marine scientific research in the exclusive economic zone and on the

text: continental shelf shall be conducted with the consent of the coastal State.

text: 3. Coastal States shall, in normal circumstances, grant their consent for

text: marine scientific research projects by other States or competent international

text: organizations in their exclusive economic zone or on their continental shelf

text: to be carried out in accordance with this Convention exclusively for peaceful

text: purposes and in order to increase scientific knowledge of the marine

text: environment for the benefit of all mankind. To this end, coastal States shall

text: establish rules and procedures ensuring that such consent will not be delayed

text: or denied unreasonably.

text: 4. For the purposes of applying paragraph 3, normal circumstances may

text: exist in spite of the absence of diplomatic relations between the coastal State

text: and the researching State.

text: 5. Coastal States may however in their discretion withhold their

text: consent to the conduct of a marine scientific research project of another State

text: or competent international organization in the exclusive economic zone or on

text: the continental shelf of the coastal State if that project:

text: (a) is of direct significance for the exploration and exploitation of

text: natural resources, whether living or non-living;

text: (b) involves drilling into the continental shelf, the use of explosives

text: or the introduction of harmful substances into the marine

text: environment;

text: (c) involves the construction, operation or use of artificial islands,

text: installations and structures referred to in articles 60 and 80;

text: (d) contains information communicated pursuant to article 248

text: regarding the nature and objectives of the project which is

text: inaccurate or if the researching State or competent international

text: organization has outstanding obligations to the coastal State

text: from a prior research project.

text: 6. Notwithstanding the provisions of paragraph 5, coastal States may

text: not exercise their discretion to withhold consent under subparagraph (a) of

text: that paragraph in respect of marine scientific research projects to be

text: undertaken in accordance with the provisions of this Part on the continental

text: shelf, beyond 200 nautical miles from the baselines from which the breadth

text: of the territorial sea is measured, outside those specific areas which coastal

text: States may at any time publicly designate as areas in which exploitation or

text: detailed exploratory operations focused on those areas are occurring or will

text: occur within a reasonable period of time. Coastal States shall give reasonable

text: notice of the designation of such areas, as well as any modifications thereto,

text: but shall not be obliged to give details of the operations therein.

text: 7. The provisions of paragraph 6 are without prejudice to the rights of

text: coastal States over the continental shelf as established in article 77.

text: 8. Marine scientific research activities referred to in this article shall

text: not unjustifiably interfere with activities undertaken by coastal States in the

text: exercise of their sovereign rights and jurisdiction provided for in this

text: Convention.

text: Article 246

text: Marine scientific research projects undertaken

text: by or under the auspices of international organizations

text: A coastal State which is a member of or has a bilateral agreement with

text: an international organization, and in whose exclusive economic zone or on

text: whose continental shelf that organization wants to carry out a marine

text: scientific research project, directly or under its auspices, shall be deemed to

text: have authorized the project to be carried out in conformity with the agreed

text: specifications if that State approved the detailed project when the decision

text: was made by the organization for the undertaking of the project, or is willing

text: to participate in it, and has not expressed any objection within four months

text: of notification of the project by the organization to the coastal State.

text: Article 247

text: Duty to provide information to the coastal State

text: States and competent international organizations which intend to

text: undertake marine scientific research in the exclusive economic zone or on the

text: continental shelf of a coastal State shall, not less than six months in advance

text: of the expected starting date of the marine scientific research project, provide

text: that State with a full description of:

text: (a) the nature and objectives of the project;

text: (b) the method and means to be used, including name, tonnage, type and

text: class of vessels and a description of scientific equipment;

text: (c) the precise geographical areas in which the project is to be

text: conducted;

text: (d) the expected date of first appearance and final departure of the

text: research vessels, or deployment of the equipment and its removal,

text: as appropriate;

text: (e) the name of the sponsoring institution, its director, and the person in

text: charge of the project; and

text: (f) the extent to which it is considered that the coastal State should be

text: able to participate or to be represented in the project.

text: Article 248

text: Duty to comply with certain conditions

text: 1. States and competent international organizations when undertaking

text: marine scientific research in the exclusive economic zone or on the

text: continental shelf of a coastal State shall comply with the following

text: conditions:

text: (a) ensure the right of the coastal State, if it so desires, to

text: participate or be represented in the marine scientific research

text: project, especially on board research vessels and other craft or

text: scientific research installations, when practicable, without

text: payment of any remuneration to the scientists of the coastal

text: State and without obligation to contribute towards the costs of

text: the project;

text: (b) provide the coastal State, at its request, with preliminary

text: reports, as soon as practicable, and with the final results and

text: conclusions after the completion of the research;

text: (c) undertake to provide access for the coastal State, at its request,

text: to all data and samples derived from the marine scientific

text: research project and likewise to furnish it with data which may

text: be copied and samples which may be divided without detriment

text: to their scientific value;

text: (d) if requested, provide the coastal State with an assessment of

text: such data, samples and research results or provide assistance in

text: their assessment or interpretation;

text: (e) ensure, subject to paragraph 2, that the research results are

text: made internationally available through appropriate national or

text: international channels, as soon as practicable;

text: (f) inform the coastal State immediately of any major change in the

text: research programme;

text: (g) unless otherwise agreed, remove the scientific research

text: installations or equipment once the research is completed.

text: 2. This article is without prejudice to the conditions established by the

text: laws and regulations of the coastal State for the exercise of its discretion to

text: grant or withhold consent pursuant to article 246, paragraph 5, including

text: requiring prior agreement for making internationally available the research

text: results of a project of direct significance for the exploration and exploitation

text: of natural resources.

text: Article 249

text: Communications concerning marine scientific research projects

text: Communications concerning the marine scientific research projects shall

text: be made through appropriate official channels, unless otherwise agreed.

text: Article 250

text: General criteria and guidelines

text: States shall seek to promote through competent international

text: organizations the establishment of general criteria and guidelines to assist

text: States in ascertaining the nature and implications of marine scientific

text: research.

text: Article 251

text: Implied consent

text: States or competent international organizations may proceed with a

text: marine scientific research project six months after the date upon which the

text: information required pursuant to article 248 was provided to the coastal State

text: unless within four months of the receipt of the communication containing

text: such information the coastal State has informed the State or organization

text: conducting the research that:

text: (a) it has withheld its consent under the provisions of article 246; or

text: (b) the information given by that State or competent international

text: organization regarding the nature or objectives of the project does

text: not conform to the manifestly evident facts; or

text: (c) it requires supplementary information relevant to conditions and the

text: information provided for under articles 248 and 249; or

text: (d) outstanding obligations exist with respect to a previous marine

text: scientific research project carried out by that State or organization,

text: with regard to conditions established in article 249.

text: Article 252

text: Suspension or cessation of marine scientific research activities

text: 1. A coastal State shall have the right to require the suspension of any

text: marine scientific research activities in progress within its exclusive economic

text: zone or on its continental shelf if:

text: (a) the research activities are not being conducted in accordance

text: with the information communicated as provided under

text: article 248 upon which the consent of the coastal State was

text: based; or

text: (b) the State or competent international organization conducting the

text: research activities fails to comply with the provisions of

text: article 249 concerning the rights of the coastal State with

text: respect to the marine scientific research project.

text: 2. A coastal State shall have the right to require the cessation of any

text: marine scientific research activities in case of any non-compliance with the

text: provisions of article 248 which amounts to a major change in the research

text: project or the research activities.

text: 3. A coastal State may also require cessation of marine scientific

text: research activities if any of the situations contemplated in paragraph 1 are not

text: rectified within a reasonable period of time.

text: 4. Following notification by the coastal State of its decision to order

text: suspension or cessation, States or competent international organizations

text: authorized to conduct marine scientific research activities shall terminate the

text: research activities that are the subject of such a notification.

text: 5. An order of suspension under paragraph 1 shall be lifted by the

text: coastal State and the marine scientific research activities allowed to continue

text: once the researching State or competent international organization has

text: complied with the conditions required under articles 248 and 249.

text: Article 253

text: Rights of neighbouring land-locked

text: and geographically disadvantaged States

text: 1. States and competent international organizations which have

text: submitted to a coastal State a project to undertake marine scientific research

text: referred to in article 246, paragraph 3, shall give notice to the neighbouring

text: land-locked and geographically disadvantaged States of the proposed research

text: project, and shall notify the coastal State thereof.

text: 2. After the consent has been given for the proposed marine scientific

text: research project by the coastal State concerned, in accordance with article 246

text: and other relevant provisions of this Convention, States and competent

text: international organizations undertaking such a project shall provide to the

text: neighbouring land-locked and geographically disadvantaged States, at their

text: request and when appropriate, relevant information as specified in article 248

text: and article 249, paragraph 1(f).

text: 3. The neighbouring land-locked and geographically disadvantaged

text: States referred to above shall, at their request, be given the opportunity to

text: participate, whenever feasible, in the proposed marine scientific research

text: project through qualified experts appointed by them and not objected to by

text: the coastal State, in accordance with the conditions agreed for the project, in

text: conformity with the provisions of this Convention, between the coastal State

text: concerned and the State or competent international organizations conducting

text: the marine scientific research.

text: 4. States and competent international organizations referred to in

text: paragraph 1 shall provide to the above-mentioned land-locked and

text: geographically disadvantaged States, at their request, the information and

text: assistance specified in article 249, paragraph 1(d), subject to the provisions

text: of article 249, paragraph 2.

text: Article 254

text: Measures to facilitate marine scientific research

text: and assist research vessels

text: States shall endeavour to adopt reasonable rules, regulations and

text: procedures to promote and facilitate marine scientific research conducted in

text: accordance with this Convention beyond their territorial sea and, as

text: appropriate, to facilitate, subject to the provisions of their laws and

text: regulations, access to their harbours and promote assistance for marine

text: scientific research vessels which comply with the relevant provisions of this

text: Part.

text: Article 255

text: Marine scientific research in the Area

text: international organizations have the right, in conformity with the provisions

text: of Part XI, to conduct marine scientific research in the Area.

text: Article 256

text: Marine scientific research in the water column

text: beyond the exclusive economic zone

text: international organizations have the right, in conformity with this Convention,

text: to conduct marine scientific research in the water column beyond the limits

text: of the exclusive economic zone.

text: SECTION 4. SCIENTIFIC RESEARCH INSTALLATIONS OR

text: EQUIPMENT IN THE MARINE ENVIRONMENT

text: Article 257

text: Deployment and use

text: The deployment and use of any type of scientific research installations

text: or equipment in any area of the marine environment shall be subject to the

text: same conditions as are prescribed in this Convention for the conduct of

text: marine scientific research in any such area.

text: Article 258

text: Legal status

text: The installations or equipment referred to in this section do not possess

text: the status of islands. They have no territorial sea of their own, and their

text: presence does not affect the delimitation of the territorial sea, the exclusive

text: economic zone or the continental shelf.

text: Article 259

text: Safety zones

text: Safety zones of a reasonable breadth not exceeding a distance of

text: 500 metres may be created around scientific research installations in

text: accordance with the relevant provisions of this Convention. All States shall

text: ensure that such safety zones are respected by their vessels.

text: Article 260

text: Non-interference with shipping routes

text: or equipment shall not constitute an obstacle to established international

text: shipping routes.

text: Article 261

text: Identification markings and warning signals

text: Installations or equipment referred to in this section shall bear

text: identification markings indicating the State of registry or the international

text: organization to which they belong and shall have adequate internationally

text: agreed warning signals to ensure safety at sea and the safety of air navigation,

text: taking into account rules and standards established by competent international

text: organizations.

text: SECTION 5. RESPONSIBILITY AND LIABILITY

text: Article 262

text: Responsibility and liability

text: 1. States and competent international organizations shall be responsible

text: for ensuring that marine scientific research, whether undertaken by them or

text: on their behalf, is conducted in accordance with this Convention.

text: 2. States and competent international organizations shall be responsible

text: and liable for the measures they take in contravention of this Convention in

text: respect of marine scientific research conducted by other States, their natural

text: or juridical persons or by competent international organizations, and shall

text: provide compensation for damage resulting from such measures.

text: 3. States and competent international organizations shall be responsible

text: and liable pursuant to article 235 for damage caused by pollution of the

text: marine environment arising out of marine scientific research undertaken by

text: them or on their behalf.

text: SECTION 6. SETTLEMENT OF DISPUTES

text: AND INTERIM MEASURES

text: Article 263

text: Settlement of disputes

text: Disputes concerning the interpretation or application of the provisions of

text: this Convention with regard to marine scientific research shall be settled in

text: accordance with Part XV, sections 2 and 3.

text: Article 264

text: Interim measures

text: Pending settlement of a dispute in accordance with Part XV, sections 2

text: and 3, the State or competent international organization authorized to conduct

text: a marine scientific research project shall not allow research activities to

text: commence or continue without the express consent of the coastal State

text: concerned.

text: DEVELOPMENT AND TRANSFER OF MARINE

text: TECHNOLOGY

text: SECTION 1. GENERAL PROVISIONS

text: Article 265

text: Promotion of the development and transfer of marine technology

text: 1. States, directly or through competent international organizations,

text: shall cooperate in accordance with their capabilities to promote actively the

text: development and transfer of marine science and marine technology on fair

text: and reasonable terms and conditions.

text: 2. States shall promote the development of the marine scientific and

text: technological capacity of States which may need and request technical

text: assistance in this field, particularly developing States, including land-locked

text: and geographically disadvantaged States, with regard to the exploration,

text: exploitation, conservation and management of marine resources, the

text: protection and preservation of the marine environment, marine scientific

text: research and other activities in the marine environment compatible with this

text: Convention, with a view to accelerating the social and economic development

text: of the developing States.

text: 3. States shall endeavour to foster favourable economic and legal

text: conditions for the transfer of marine technology for the benefit of all parties

text: concerned on an equitable basis.

text: Article 266

text: Protection of legitimate interests

text: States, in promoting cooperation pursuant to article 266, shall have due

text: regard for all legitimate interests including, inter alia, the rights and duties of

text: holders, suppliers and recipients of marine technology.

text: Article 267

text: Basic objectives

text: States, directly or through competent international organizations, shall

text: promote:

text: (a) the acquisition, evaluation and dissemination of marine

text: technological knowledge and facilitate access to such information

text: and data;

text: (b) the development of appropriate marine technology;

text: (c) the development of the necessary technological infrastructure to

text: facilitate the transfer of marine technology;

text: (d) the development of human resources through training and education

text: of nationals of developing States and countries and especially the

text: nationals of the least developed among them;

text: (e) international cooperation at all levels, particularly at the regional,

text: subregional and bilateral levels.

text: Article 268

text: Measures to achieve the basic objectives

text: In order to achieve the objectives referred to in article 268, States,

text: directly or through competent international organizations, shall endeavour,

text: inter alia, to:

text: (a) establish programmes of technical cooperation for the effective

text: transfer of all kinds of marine technology to States which may need

text: and request technical assistance in this field, particularly the

text: developing land-locked and geographically disadvantaged States, as

text: well as other developing States which have not been able either to

text: establish or develop their own technological capacity in marine

text: science and in the exploration and exploitation of marine resources

text: or to develop the infrastructure of such technology;

text: (b) promote favourable conditions for the conclusion of agreements,

text: contracts and other similar arrangements, under equitable and

text: reasonable conditions;

text: (c) hold conferences, seminars and symposia on scientific and

text: technological subjects, in particular on policies and methods for the

text: transfer of marine technology;

text: (d) promote the exchange of scientists and of technological and other

text: experts;

text: (e) undertake projects and promote joint ventures and other forms of

text: bilateral and multilateral cooperation.

text: SECTION 2. INTERNATIONAL COOPERATION

text: Article 269

text: Ways and means of international cooperation

text: International cooperation for the development and transfer of marine

text: technology shall be carried out, where feasible and appropriate, through

text: existing bilateral, regional or multilateral programmes, and also through

text: expanded and new programmes in order to facilitate marine scientific

text: research, the transfer of marine technology, particularly in new fields, and

text: appropriate international funding for ocean research and development.

text: Article 270

text: Guidelines, criteria and standards

text: promote the establishment of generally accepted guidelines, criteria and

text: standards for the transfer of marine technology on a bilateral basis or within

text: the framework of international organizations and other fora, taking into

text: account, in particular, the interests and needs of developing States.

text: Article 271

text: Coordination of international programmes

text: In the field of transfer of marine technology, States shall endeavour to

text: ensure that competent international organizations coordinate their activities,

text: including any regional or global programmes, taking into account the interests

text: and needs of developing States, particularly land-locked and geographically

text: disadvantaged States.

text: Article 272

text: Cooperation with international organizations and the Authority

text: States shall cooperate actively with competent international organizations

text: and the Authority to encourage and facilitate the transfer to developing States,

text: their nationals and the Enterprise of skills and marine technology with regard

text: to activities in the Area.

text: Article 273

text: Objectives of the Authority

text: Subject to all legitimate interests including, inter alia, the rights and

text: duties of holders, suppliers and recipients of technology, the Authority, with

text: regard to activities in the Area, shall ensure that:

text: (a) on the basis of the principle of equitable geographical distribution,

text: nationals of developing States, whether coastal, land-locked or

text: geographically disadvantaged, shall be taken on for the purposes of

text: training as members of the managerial, research and technical staff

text: constituted for its undertakings;

text: (b) the technical documentation on the relevant equipment, machinery,

text: devices and processes is made available to all States, in particular

text: developing States which may need and request technical assistance

text: in this field;

text: (c) adequate provision is made by the Authority to facilitate the

text: acquisition of technical assistance in the field of marine technology

text: by States which may need and request it, in particular developing

text: States, and the acquisition by their nationals of the necessary skills

text: and know-how, including professional training;

text: (d) States which may need and request technical assistance in this field,

text: in particular developing States, are assisted in the acquisition of

text: necessary equipment, processes, plant and other technical know-how

text: through any financial arrangements provided for in this Convention.

text: SECTION 3. NATIONAL AND REGIONAL MARINE

text: SCIENTIFIC AND TECHNOLOGICAL CENTRES

text: Article 274

text: Establishment of national centres

text: 1. States, directly or through competent international organizations and

text: the Authority, shall promote the establishment, particularly in developing

text: coastal States, of national marine scientific and technological research centres

text: and the strengthening of existing national centres, in order to stimulate and

text: advance the conduct of marine scientific research by developing coastal

text: States and to enhance their national capabilities to utilize and preserve their

text: marine resources for their economic benefit.

text: 2. States, through competent international organizations and the

text: Authority, shall give adequate support to facilitate the establishment and

text: strengthening of such national centres so as to provide for advanced training

text: facilities and necessary equipment, skills and know-how as well as technical

text: experts to such States which may need and request such assistance.

text: Article 275

text: Establishment of regional centres

text: 1. States, in coordination with the competent international

text: organizations, the Authority and national marine scientific and technological

text: research institutions, shall promote the establishment of regional marine

text: scientific and technological research centres, particularly in developing

text: States, in order to stimulate and advance the conduct of marine scientific

text: research by developing States and foster the transfer of marine technology.

text: 2. All States of a region shall cooperate with the regional centres

text: therein to ensure the more effective achievement of their objectives.

text: Article 276

text: Functions of regional centres

text: The functions of such regional centres shall include, inter alia:

text: (a) training and educational programmes at all levels on various aspects

text: of marine scientific and technological research, particularly marine

text: biology, including conservation and management of living

text: resources, oceanography, hydrography, engineering, geological

text: exploration of the seabed, mining and desalination technologies;

text: (b) management studies;

text: (c) study programmes related to the protection and preservation of the

text: marine environment and the prevention, reduction and control of

text: pollution;

text: (d) organization of regional conferences, seminars and symposia;

text: (e) acquisition and processing of marine scientific and technological

text: data and information;

text: (f) prompt dissemination of results of marine scientific and

text: technological research in readily available publications;

text: (g) publicizing national policies with regard to the transfer of marine

text: technology and systematic comparative study of those policies;

text: (h) compilation and systematization of information on the marketing of

text: technology and on contracts and other arrangements concerning

text: patents;

text: (i) technical cooperation with other States of the region.

text: SECTION 4. COOPERATION AMONG INTERNATIONAL

text: ORGANIZATIONS

text: Article 277

text: Cooperation among international organizations

text: The competent international organizations referred to in this Part and in

text: close cooperation among themselves, the effective discharge of their

text: functions and responsibilities under this Part.

text: SETTLEMENT OF DISPUTES

text: SECTION 1. GENERAL PROVISIONS

text: Article 278

text: Obligation to settle disputes by peaceful means

text: States Parties shall settle any dispute between them concerning the

text: interpretation or application of this Convention by peaceful means in

text: accordance with Article 2, paragraph 3, of the Charter of the United Nations

text: and, to this end, shall seek a solution by the means indicated in Article 33,

text: paragraph 1, of the Charter.

text: Article 279

text: Settlement of disputes by any peaceful means chosen by the parties

text: Nothing in this Part impairs the right of any States Parties to agree at any

text: time to settle a dispute between them concerning the interpretation or

text: application of this Convention by any peaceful means of their own choice.

text: Article 280

text: Procedure where no settlement has been reached by the parties

text: 1. If the States Parties which are parties to a dispute concerning the

text: interpretation or application of this Convention have agreed to seek settlement

text: of the dispute by a peaceful means of their own choice, the procedures

text: provided for in this Part apply only where no settlement has been reached by

text: recourse to such means and the agreement between the parties does not

text: exclude any further procedure.

text: 2. If the parties have also agreed on a time-limit, paragraph 1 applies

text: only upon the expiration of that time-limit.

text: Article 281

text: Obligations under general, regional or bilateral agreements

text: If the States Parties which are parties to a dispute concerning the

text: interpretation or application of this Convention have agreed, through a

text: general, regional or bilateral agreement or otherwise, that such dispute shall,

text: at the request of any party to the dispute, be submitted to a procedure that

text: entails a binding decision, that procedure shall apply in lieu of the procedures

text: provided for in this Part, unless the parties to the dispute otherwise agree.

text: Article 282

text: Obligation to exchange views

text: 1. When a dispute arises between States Parties concerning the

text: interpretation or application of this Convention, the parties to the dispute shall

text: proceed expeditiously to an exchange of views regarding its settlement by

text: negotiation or other peaceful means.

text: 2. The parties shall also proceed expeditiously to an exchange of views

text: where a procedure for the settlement of such a dispute has been terminated

text: without a settlement or where a settlement has been reached and the

text: circumstances require consultation regarding the manner of implementing the

text: settlement.

text: Article 283

text: Conciliation

text: 1. A State Party which is a party to a dispute concerning the

text: interpretation or application of this Convention may invite the other party or

text: parties to submit the dispute to conciliation in accordance with the procedure

text: under Annex V, section 1, or another conciliation procedure.

text: 2. If the invitation is accepted and if the parties agree upon the

text: conciliation procedure to be applied, any party may submit the dispute to that

text: procedure.

text: 3. If the invitation is not accepted or the parties do not agree upon the

text: procedure, the conciliation proceedings shall be deemed to be terminated.

text: 4. Unless the parties otherwise agree, when a dispute has been

text: submitted to conciliation, the proceedings may be terminated only in

text: accordance with the agreed conciliation procedure.

text: Article 284

text: Application of this section to disputes submitted pursuant to Part XI

text: This section applies to any dispute which pursuant to Part XI, section 5,

text: is to be settled in accordance with procedures provided for in this Part. If an

text: entity other than a State Party is a party to such a dispute, this section applies

text: mutatis mutandis.

text: SECTION 2. COMPULSORY PROCEDURES ENTAILING

text: BINDING DECISIONS

text: Article 285

text: Application of procedures under this section

text: Subject to section 3, any dispute concerning the interpretation or

text: application of this Convention shall, where no settlement has been reached

text: by recourse to section 1, be submitted at the request of any party to the

text: dispute to the court or tribunal having jurisdiction under this section.

text: Article 286

text: Choice of procedure

text: 1. When signing, ratifying or acceding to this Convention or at any

text: time thereafter, a State shall be free to choose, by means of a written

text: declaration, one or more of the following means for the settlement of disputes

text: concerning the interpretation or application of this Convention:

text: (a) the International Tribunal for the Law of the Sea established in

text: accordance with Annex VI;

text: (b) the International Court of Justice;

text: (c) an arbitral tribunal constituted in accordance with Annex VII;

text: (d) a special arbitral tribunal constituted in accordance with

text: specified therein.

text: 2. A declaration made under paragraph 1 shall not affect or be affected

text: by the obligation of a State Party to accept the jurisdiction of the Seabed

text: Disputes Chamber of the International Tribunal for the Law of the Sea to the

text: extent and in the manner provided for in Part XI, section 5.

text: 3. A State Party, which is a party to a dispute not covered by a

text: declaration in force, shall be deemed to have accepted arbitration in

text: accordance with Annex VII.

text: 4. If the parties to a dispute have accepted the same procedure for the

text: settlement of the dispute, it may be submitted only to that procedure, unless

text: the parties otherwise agree.

text: 5. If the parties to a dispute have not accepted the same procedure for

text: the settlement of the dispute, it may be submitted only to arbitration in

text: accordance with Annex VII, unless the parties otherwise agree.

text: 6. A declaration made under paragraph 1 shall remain in force until

text: three months after notice of revocation has been deposited with the

text: Secretary-General of the United Nations.

text: 7. A new declaration, a notice of revocation or the expiry of a

text: declaration does not in any way affect proceedings pending before a court or

text: tribunal having jurisdiction under this article, unless the parties otherwise

text: agree.

text: 8. Declarations and notices referred to in this article shall be deposited

text: with the Secretary-General of the United Nations, who shall transmit copies

text: thereof to the States Parties.

text: Article 287

text: Jurisdiction

text: 1. A court or tribunal referred to in article 287 shall have jurisdiction

text: over any dispute concerning the interpretation or application of this

text: Convention which is submitted to it in accordance with this Part.

text: 2. A court or tribunal referred to in article 287 shall also have

text: jurisdiction over any dispute concerning the interpretation or application of

text: an international agreement related to the purposes of this Convention, which

text: is submitted to it in accordance with the agreement.

text: 3. The Seabed Disputes Chamber of the International Tribunal for the

text: Law of the Sea established in accordance with Annex VI, and any other

text: chamber or arbitral tribunal referred to in Part XI, section 5, shall have

text: jurisdiction in any matter which is submitted to it in accordance therewith.

text: 4. In the event of a dispute as to whether a court or tribunal has

text: jurisdiction, the matter shall be settled by decision of that court or tribunal.

text: Article 288

text: Experts

text: In any dispute involving scientific or technical matters, a court or tribunal

text: exercising jurisdiction under this section may, at the request of a party or

text: proprio motu, select in consultation with the parties no fewer than two

text: scientific or technical experts chosen preferably from the relevant list

text: prepared in accordance with Annex VIII, article 2, to sit with the court or

text: tribunal but without the right to vote.

text: Article 289

text: Provisional measures

text: 1. If a dispute has been duly submitted to a court or tribunal which

text: considers that prima facie it has jurisdiction under this Part or Part XI,

text: it considers appropriate under the circumstances to preserve the respective

text: rights of the parties to the dispute or to prevent serious harm to the marine

text: environment, pending the final decision.

text: 2. Provisional measures may be modified or revoked as soon as the

text: circumstances justifying them have changed or ceased to exist.

text: 3. Provisional measures may be prescribed, modified or revoked under

text: this article only at the request of a party to the dispute and after the parties

text: have been given an opportunity to be heard.

text: 4. The court or tribunal shall forthwith give notice to the parties to the

text: dispute, and to such other States Parties as it considers appropriate, of the

text: prescription, modification or revocation of provisional measures.

text: 5. Pending the constitution of an arbitral tribunal to which a dispute is

text: being submitted under this section, any court or tribunal agreed upon by the

text: parties or, failing such agreement within two weeks from the date of the

text: request for provisional measures, the International Tribunal for the Law of the

text: Sea or, with respect to activities in the Area, the Seabed Disputes Chamber,

text: may prescribe, modify or revoke provisional measures in accordance with this

text: article if it considers that prima facie the tribunal which is to be constituted

text: would have jurisdiction and that the urgency of the situation so requires.

text: Once constituted, the tribunal to which the dispute has been submitted may

text: modify, revoke or affirm those provisional measures, acting in conformity

text: with paragraphs 1 to 4.

text: 6. The parties to the dispute shall comply promptly with any

text: provisional measures prescribed under this article.

text: Article 290

text: Access

text: 1. All the dispute settlement procedures specified in this Part shall be

text: open to States Parties.

text: 2. The dispute settlement procedures specified in this Part shall be open

text: to entities other than States Parties only as specifically provided for in this

text: Convention.

text: Article 291

text: Prompt release of vessels and crews

text: 1. Where the authorities of a State Party have detained a vessel flying

text: the flag of another State Party and it is alleged that the detaining State has not

text: complied with the provisions of this Convention for the prompt release of the

text: vessel or its crew upon the posting of a reasonable bond or other financial

text: security, the question of release from detention may be submitted to any court

text: or tribunal agreed upon by the parties or, failing such agreement within

text: 10 days from the time of detention, to a court or tribunal accepted by the

text: detaining State under article 287 or to the International Tribunal for the Law

text: of the Sea, unless the parties otherwise agree.

text: 2. The application for release may be made only by or on behalf of the

text: flag State of the vessel.

text: 3. The court or tribunal shall deal without delay with the application for

text: release and shall deal only with the question of release, without prejudice to

text: the merits of any case before the appropriate domestic forum against the

text: vessel, its owner or its crew. The authorities of the detaining State remain

text: competent to release the vessel or its crew at any time.

text: 4. Upon the posting of the bond or other financial security determined

text: by the court or tribunal, the authorities of the detaining State shall comply

text: promptly with the decision of the court or tribunal concerning the release of

text: the vessel or its crew.

text: Article 292

text: Applicable law

text: 1. A court or tribunal having jurisdiction under this section shall apply

text: this Convention and other rules of international law not incompatible with

text: this Convention.

text: 2. Paragraph l does not prejudice the power of the court or tribunal

text: having jurisdiction under this section to decide a case ex aequo et bono, if the

text: parties so agree.

text: Article 293

text: Preliminary proceedings

text: 1. A court or tribunal provided for in article 287 to which an

text: application is made in respect of a dispute referred to in article 297 shall

text: determine at the request of a party, or may determine proprio motu, whether

text: the claim constitutes an abuse of legal process or whether prima facie it is

text: well founded. If the court or tribunal determines that the claim constitutes an

text: abuse of legal process or is prima facie unfounded, it shall take no further

text: action in the case.

text: 2. Upon receipt of the application, the court or tribunal shall

text: immediately notify the other party or parties of the application, and shall fix

text: a reasonable time-limit within which they may request it to make a

text: determination in accordance with paragraph 1.

text: 3. Nothing in this article affects the right of any party to a dispute to

text: make preliminary objections in accordance with the applicable rules of

text: procedure.

text: Article 294

text: Exhaustion of local remedies

text: Any dispute between States Parties concerning the interpretation or

text: application of this Convention may be submitted to the procedures provided

text: for in this section only after local remedies have been exhausted where this

text: is required by international law.

text: Article 295

text: Finality and binding force of decisions

text: 1. Any decision rendered by a court or tribunal having jurisdiction

text: under this section shall be final and shall be complied with by all the parties

text: to the dispute.

text: 2. Any such decision shall have no binding force except between the

text: parties and in respect of that particular dispute.

text: SECTION 3. LIMITATIONS AND EXCEPTIONS

text: TO APPLICABILITY OF SECTION 2

text: Article 296

text: Limitations on applicability of section 2

text: 1. Disputes concerning the interpretation or application of this

text: Convention with regard to the exercise by a coastal State of its sovereign

text: rights or jurisdiction provided for in this Convention shall be subject to the

text: procedures provided for in section 2 in the following cases:

text: (a) when it is alleged that a coastal State has acted in contravention

text: of the provisions of this Convention in regard to the freedoms

text: and rights of navigation, overflight or the laying of submarine

text: cables and pipelines, or in regard to other internationally lawful

text: uses of the sea specified in article 58;

text: (b) when it is alleged that a State in exercising the aforementioned

text: freedoms, rights or uses has acted in contravention of this

text: Convention or of laws or regulations adopted by the coastal

text: State in conformity with this Convention and other rules of

text: international law not incompatible with this Convention; or

text: (c) when it is alleged that a coastal State has acted in contravention

text: of specified international rules and standards for the protection

text: and preservation of the marine environment which are

text: applicable to the coastal State and which have been established

text: by this Convention or through a competent international

text: organization or diplomatic conference in accordance with this

text: Convention.

text: (a) Disputes concerning the interpretation or application of the

text: provisions of this Convention with regard to marine scientific

text: research shall be settled in accordance with section 2, except

text: that the coastal State shall not be obliged to accept the

text: submission to such settlement of any dispute arising out of:

text: (i) the exercise by the coastal State of a right or discretion in

text: accordance with article 246; or

text: (ii) a decision by the coastal State to order suspension or

text: cessation of a research project in accordance with

text: article 253.

text: (b) A dispute arising from an allegation by the researching State

text: that with respect to a specific project the coastal State is not

text: exercising its rights under articles 246 and 253 in a manner

text: compatible with this Convention shall be submitted, at the

text: request of either party, to conciliation under Annex V,

text: call in question the exercise by the coastal State of its discretion

text: to designate specific areas as referred to in article 246,

text: paragraph 6, or of its discretion to withhold consent in

text: accordance with article 246, paragraph 5.

text: provisions of this Convention with regard to fisheries shall be

text: settled in accordance with section 2, except that the coastal

text: State shall not be obliged to accept the submission to such

text: settlement of any dispute relating to its sovereign rights with

text: respect to the living resources in the exclusive economic zone

text: or their exercise, including its discretionary powers for

text: determining the allowable catch, its harvesting capacity, the

text: allocation of surpluses to other States and the terms and

text: conditions established in its conservation and management laws

text: and regulations.

text: (b) Where no settlement has been reached by recourse to section 1

text: of this Part, a dispute shall be submitted to conciliation under

text: when it is alleged that:

text: (i) a coastal State has manifestly failed to comply with its

text: obligations to ensure through proper conservation and

text: management measures that the maintenance of the living

text: resources in the exclusive economic zone is not seriously

text: endangered;

text: (ii) a coastal State has arbitrarily refused to determine, at the

text: request of another State, the allowable catch and its

text: capacity to harvest living resources with respect to stocks

text: which that other State is interested in fishing; or

text: (iii) a coastal State has arbitrarily refused to allocate to any

text: State, under articles 62, 69 and 70 and under the terms

text: and conditions established by the coastal State consistent

text: with this Convention, the whole or part of the surplus it

text: has declared to exist.

text: (c) In no case shall the conciliation commission substitute its

text: discretion for that of the coastal State.

text: (d) The report of the conciliation commission shall be

text: communicated to the appropriate international organizations.

text: (e) In negotiating agreements pursuant to articles 69 and 70, States

text: Parties, unless they otherwise agree, shall include a clause on

text: measures which they shall take in order to minimize the

text: possibility of a disagreement concerning the interpretation or

text: application of the agreement, and on how they should proceed

text: if a disagreement nevertheless arises.

text: Article 297

text: Optional exceptions to applicability of section 2

text: time thereafter, a State may, without prejudice to the obligations arising under

text: procedures provided for in section 2 with respect to one or more of the

text: following categories of disputes:

text: (a) (i) disputes concerning the interpretation or application of

text: articles 15, 74 and 83 relating to sea boundary

text: delimitations, or those involving historic bays or titles,

text: provided that a State having made such a declaration

text: shall, when such a dispute arises subsequent to the entry

text: into force of this Convention and where no agreement

text: within a reasonable period of time is reached in

text: negotiations between the parties, at the request of any

text: party to the dispute, accept submission of the matter to

text: conciliation under Annex V, section 2; and provided

text: further that any dispute that necessarily involves the

text: concurrent consideration of any unsettled dispute

text: concerning sovereignty or other rights over continental or

text: insular land territory shall be excluded from such

text: submission;

text: (ii) after the conciliation commission has presented its report,

text: which shall state the reasons on which it is based, the

text: parties shall negotiate an agreement on the basis of that

text: report; if these negotiations do not result in an agreement,

text: the parties shall, by mutual consent, submit the question

text: to one of the procedures provided for in section 2, unless

text: the parties otherwise agree;

text: (iii) this subparagraph does not apply to any sea boundary

text: dispute finally settled by an arrangement between the

text: parties, or to any such dispute which is to be settled in

text: accordance with a bilateral or multilateral agreement

text: binding upon those parties;

text: (b) disputes concerning military activities, including military

text: activities by government vessels and aircraft engaged in

text: non-commercial service, and disputes concerning law

text: enforcement activities in regard to the exercise of sovereign

text: rights or jurisdiction excluded from the jurisdiction of a court

text: or tribunal under article 297, paragraph 2 or 3;

text: (c) disputes in respect of which the Security Council of the United

text: Nations is exercising the functions assigned to it by the Charter

text: of the United Nations, unless the Security Council decides to

text: remove the matter from its agenda or calls upon the parties to

text: settle it by the means provided for in this Convention.

text: 2. A State Party which has made a declaration under paragraph 1 may

text: at any time withdraw it, or agree to submit a dispute excluded by such

text: declaration to any procedure specified in this Convention.

text: 3. A State Party which has made a declaration under paragraph 1 shall

text: not be entitled to submit any dispute falling within the excepted category of

text: disputes to any procedure in this Convention as against another State Party,

text: without the consent of that party.

text: 4. If one of the States Parties has made a declaration under

text: paragraph 1(a), any other State Party may submit any dispute falling within

text: an excepted category against the declarant party to the procedure specified in

text: such declaration.

text: 5. A new declaration, or the withdrawal of a declaration, does not in

text: any way affect proceedings pending before a court or tribunal in accordance

text: with this article, unless the parties otherwise agree.

text: 6. Declarations and notices of withdrawal of declarations under this

text: article shall be deposited with the Secretary-General of the United Nations,

text: who shall transmit copies thereof to the States Parties.

text: Article 298

text: Right of the parties to agree upon a procedure

text: 1. A dispute excluded under article 297 or excepted by a declaration

text: made under article 298 from the dispute settlement procedures provided for

text: in section 2 may be submitted to such procedures only by agreement of the

text: parties to the dispute.

text: 2. Nothing in this section impairs the right of the parties to the dispute

text: to agree to some other procedure for the settlement of such dispute or to reach

text: an amicable settlement.

text: GENERAL PROVISIONS

text: Article 299

text: Good faith and abuse of rights

text: States Parties shall fulfil in good faith the obligations assumed under this

text: Convention and shall exercise the rights, jurisdiction and freedoms

text: recognized in this Convention in a manner which would not constitute an

text: abuse of right.

text: Article 300

text: Peaceful uses of the seas

text: In exercising their rights and performing their duties under this

text: Convention, States Parties shall refrain from any threat or use of force against

text: the territorial integrity or political independence of any State, or in any other

text: manner inconsistent with the principles of international law embodied in the

text: Charter of the United Nations.

text: Article 301

text: Disclosure of information

text: Without prejudice to the right of a State Party to resort to the procedures

text: for the settlement of disputes provided for in this Convention, nothing in this

text: Convention shall be deemed to require a State Party, in the fulfilment of its

text: obligations under this Convention, to supply information the disclosure of

text: which is contrary to the essential interests of its security.

text: Article 302

text: Archaeological and historical objects found at sea

text: 1. States have the duty to protect objects of an archaeological and

text: historical nature found at sea and shall cooperate for this purpose.

text: 2. In order to control traffic in such objects, the coastal State may, in

text: applying article 33, presume that their removal from the seabed in the zone

text: referred to in that article without its approval would result in an infringement

text: within its territory or territorial sea of the laws and regulations referred to in

text: that article.

text: 3. Nothing in this article affects the rights of identifiable owners, the

text: law of salvage or other rules of admiralty, or laws and practices with respect

text: to cultural exchanges.

text: 4. This article is without prejudice to other international agreements

text: and rules of international law regarding the protection of objects of an

text: archaeological and historical nature.

text: Article 303

text: Responsibility and liability for damage

text: The provisions of this Convention regarding responsibility and liability

text: for damage are without prejudice to the application of existing rules and the

text: development of further rules regarding responsibility and liability under

text: international law.

text: FINAL PROVISIONS

text: Article 304

text: Signature

text: This Convention shall be open for signature by:

text: (a) all States;

text: (b) Namibia, represented by the United Nations Council for

text: Namibia;

text: (c) all self-governing associated States which have chosen that

text: status in an act of self-determination supervised and approved

text: by the United Nations in accordance with General Assembly

text: resolution 1514 (XV) and which have competence over the

text: matters governed by this Convention, including the competence

text: to enter into treaties in respect of those matters;

text: (d) all self-governing associated States which, in accordance with

text: their respective instruments of association, have competence

text: over the matters governed by this Convention, including the

text: competence to enter into treaties in respect of those matters;

text: (e) all territories which enjoy full internal self-government,

text: recognized as such by the United Nations, but have not attained

text: full independence in accordance with General Assembly

text: (f) international organizations, in accordance with Annex IX.

text: 2. This Convention shall remain open for signature until

text: 9 December 1984 at the Ministry of Foreign Affairs of Jamaica and also,

text: from 1 July 1983 until 9 December 1984, at United Nations Headquarters in

text: New York.

text: Article 305

text: Ratification and formal confirmation

text: This Convention is subject to ratification by States and the other entities

text: referred to in article 305, paragraph l(b), (c), (d) and (e), and to formal

text: confirmation, in accordance with Annex IX, by the entities referred to in

text: article 305, paragraph l(f). The instruments of ratification and of formal

text: confirmation shall be deposited with the Secretary-General of the United

text: Nations.

text: Article 306

text: Accession

text: This Convention shall remain open for accession by States and the other

text: entities referred to in article 305. Accession by the entities referred to in

text: article 305, paragraph l(f), shall be in accordance with Annex IX. The

text: instruments of accession shall be deposited with the Secretary-General of the

text: United Nations.

text: Article 307

text: Entry into force

text: 1. This Convention shall enter into force 12 months after the date of

text: deposit of the sixtieth instrument of ratification or accession.

text: 2. For each State ratifying or acceding to this Convention after the

text: deposit of the sixtieth instrument of ratification or accession, the Convention

text: shall enter into force on the thirtieth day following the deposit of its

text: instrument of ratification or accession, subject to paragraph 1.

text: 3. The Assembly of the Authority shall meet on the date of entry into

text: force of this Convention and shall elect the Council of the Authority. The

text: first Council shall be constituted in a manner consistent with the purpose of

text: article 161 if the provisions of that article cannot be strictly applied.

text: 4. The rules, regulations and procedures drafted by the Preparatory

text: Commission shall apply provisionally pending their formal adoption by the

text: Authority in accordance with Part XI.

text: 5. The Authority and its organs shall act in accordance with

text: resolution II of the Third United Nations Conference on the Law of the Sea

text: relating to preparatory investment and with decisions of the Preparatory

text: Commission taken pursuant to that resolution.

text: Article 308

text: Reservations and exceptions

text: No reservations or exceptions may be made to this Convention unless

text: expressly permitted by other articles of this Convention.

text: Article 309

text: Declarations and statements

text: Article 309 does not preclude a State, when signing, ratifying or acceding

text: to this Convention, from making declarations or statements, however phrased

text: or named, with a view, inter alia, to the harmonization of its laws and

text: regulations with the provisions of this Convention, provided that such

text: declarations or statements do not purport to exclude or to modify the legal

text: effect of the provisions of this Convention in their application to that State.

text: Article 310

text: Relation to other conventions and international agreements

text: 1. This Convention shall prevail, as between States Parties, over the

text: Geneva Conventions on the Law of the Sea of 29 April 1958.

text: 2. This Convention shall not alter the rights and obligations of States

text: Parties which arise from other agreements compatible with this Convention

text: and which do not affect the enjoyment by other States Parties of their rights

text: or the performance of their obligations under this Convention.

text: 3. Two or more States Parties may conclude agreements modifying or

text: suspending the operation of provisions of this Convention, applicable solely

text: to the relations between them, provided that such agreements do not relate to

text: a provision derogation from which is incompatible with the effective

text: execution of the object and purpose of this Convention, and provided further

text: that such agreements shall not affect the application of the basic principles

text: embodied herein, and that the provisions of such agreements do not affect the

text: enjoyment by other States Parties of their rights or the performance of their

text: obligations under this Convention.

text: 4. States Parties intending to conclude an agreement referred to in

text: paragraph 3 shall notify the other States Parties through the depositary of this

text: Convention of their intention to conclude the agreement and of the

text: modification or suspension for which it provides.

text: 5. This article does not affect international agreements expressly

text: permitted or preserved by other articles of this Convention.

text: 6. States Parties agree that there shall be no amendments to the basic

text: principle relating to the common heritage of mankind set forth in article 136

text: and that they shall not be party to any agreement in derogation thereof.

text: Article 311

text: Amendment

text: 1. After the expiry of a period of 10 years from the date of entry into

text: force of this Convention, a State Party may, by written communication

text: addressed to the Secretary-General of the United Nations, propose specific

text: amendments to this Convention, other than those relating to activities in the

text: Area, and request the convening of a conference to consider such proposed

text: amendments. The Secretary-General shall circulate such communication to

text: all States Parties. If, within 12 months from the date of the circulation of the

text: communication, not less than one half of the States Parties reply favourably

text: to the request, the Secretary-General shall convene the conference.

text: 2. The decision-making procedure applicable at the amendment

text: conference shall be the same as that applicable at the Third United Nations

text: Conference on the Law of the Sea unless otherwise decided by the

text: conference. The conference should make every effort to reach agreement on

text: any amendments by way of consensus and there should be no voting on them

text: until all efforts at consensus have been exhausted.

text: Article 312

text: Amendment by simplified procedure

text: 1. A State Party may, by written communication addressed to the

text: Secretary-General of the United Nations, propose an amendment to this

text: Convention, other than an amendment relating to activities in the Area, to be

text: adopted by the simplified procedure set forth in this article without convening

text: a conference. The Secretary-General shall circulate the communication to all

text: States Parties.

text: 2. If, within a period of 12 months from the date of the circulation of

text: the communication, a State Party objects to the proposed amendment or to the

text: proposal for its adoption by the simplified procedure, the amendment shall be

text: considered rejected. The Secretary-General shall immediately notify all

text: States Parties accordingly.

text: 3. If, 12 months from the date of the circulation of the communication,

text: no State Party has objected to the proposed amendment or to the proposal for

text: its adoption by the simplified procedure, the proposed amendment shall be

text: considered adopted. The Secretary-General shall notify all States Parties that

text: the proposed amendment has been adopted.

text: Article 313

text: Amendments to the provisions of this Convention

text: relating exclusively to activities in the Area

text: Secretary-General of the Authority, propose an amendment to the provisions

text: of this Convention relating exclusively to activities in the Area, including

text: Annex VI, section 4. The Secretary-General shall circulate such

text: communication to all States Parties. The proposed amendment shall be

text: subject to approval by the Assembly following its approval by the Council.

text: Representatives of States Parties in those organs shall have full powers to

text: consider and approve the proposed amendment. The proposed amendment

text: as approved by the Council and the Assembly shall be considered adopted.

text: 2. Before approving any amendment under paragraph 1, the Council

text: and the Assembly shall ensure that it does not prejudice the system of

text: exploration for and exploitation of the resources of the Area, pending the

text: Review Conference in accordance with article 155.

text: Article 314

text: Signature, ratification of, accession to

text: and authentic texts of amendments

text: 1. Once adopted, amendments to this Convention shall be open for

text: signature by States Parties for 12 months from the date of adoption, at United

text: Nations Headquarters in New York, unless otherwise provided in the

text: amendment itself.

text: 2. Articles 306, 307 and 320 apply to all amendments to this

text: Convention.

text: Article 315

text: Entry into force of amendments

text: 1. Amendments to this Convention, other than those referred to in

text: paragraph 5, shall enter into force for the States Parties ratifying or acceding

text: to them on the thirtieth day following the deposit of instruments of ratification

text: or accession by two thirds of the States Parties or by 60 States Parties,

text: whichever is greater. Such amendments shall not affect the enjoyment by

text: other States Parties of their rights or the performance of their obligations

text: under this Convention.

text: 2. An amendment may provide that a larger number of ratifications or

text: accessions shall be required for its entry into force than are required by this

text: article.

text: 3. For each State Party ratifying or acceding to an amendment referred

text: to in paragraph 1 after the deposit of the required number of instruments of

text: ratification or accession, the amendment shall enter into force on the thirtieth

text: day following the deposit of its instrument of ratification or accession.

text: 4. A State which becomes a Party to this Convention after the entry

text: into force of an amendment in accordance with paragraph 1 shall, failing an

text: expression of a different intention by that State:

text: (a) be considered as a Party to this Convention as so amended; and

text: (b) be considered as a Party to the unamended Convention in

text: relation to any State Party not bound by the amendment.

text: 5. Any amendment relating exclusively to activities in the Area and any

text: amendment to Annex VI shall enter into force for all States Parties one year

text: following the deposit of instruments of ratification or accession by

text: three fourths of the States Parties.

text: 6. A State which becomes a Party to this Convention after the entry

text: into force of amendments in accordance with paragraph 5 shall be considered

text: as a Party to this Convention as so amended.

text: Article 316

text: Denunciation

text: 1. A State Party may, by written notification addressed to the

text: Secretary-General of the United Nations, denounce this Convention and may

text: indicate its reasons. Failure to indicate reasons shall not affect the validity of

text: the denunciation. The denunciation shall take effect one year after the date

text: of receipt of the notification, unless the notification specifies a later date.

text: 2. A State shall not be discharged by reason of the denunciation from

text: the financial and contractual obligations which accrued while it was a Party

text: to this Convention, nor shall the denunciation affect any right, obligation or

text: legal situation of that State created through the execution of this Convention

text: prior to its termination for that State.

text: 3. The denunciation shall not in any way affect the duty of any State

text: Party to fulfil any obligation embodied in this Convention to which it would

text: be subject under international law independently of this Convention.

text: Article 317

text: Status of Annexes

text: The Annexes form an integral part of this Convention and, unless

text: expressly provided otherwise, a reference to this Convention or to one of its

text: Parts includes a reference to the Annexes relating thereto.

text: Article 318

text: Depositary

text: 1. The Secretary-General of the United Nations shall be the depositary

text: of this Convention and amendments thereto.

text: 2. In addition to his functions as depositary, the Secretary-General

text: shall:

text: (a) report to all States Parties, the Authority and competent

text: international organizations on issues of a general nature that

text: have arisen with respect to this Convention;

text: (b) notify the Authority of ratifications and formal confirmations

text: of and accessions to this Convention and amendments thereto,

text: as well as of denunciations of this Convention;

text: (c) notify States Parties of agreements in accordance with

text: article 311, paragraph 4;

text: (d) circulate amendments adopted in accordance with this

text: Convention to States Parties for ratification or accession;

text: (e) convene necessary meetings of States Parties in accordance

text: with this Convention.

text: 3. (a) The Secretary-General shall also transmit to the observers

text: referred to in article 156:

text: (i) reports referred to in paragraph 2(a);

text: (ii) notifications referred to in paragraph 2(b) and (c); and

text: (iii) texts of amendments referred to in paragraph 2(d), for

text: their information.

text: (b) The Secretary-General shall also invite those observers to

text: participate as observers at meetings of States Parties referred to

text: in paragraph 2(e).

text: Article 319

text: Authentic texts

text: The original of this Convention, of which the Arabic, Chinese, English,

text: French, Russian and Spanish texts are equally authentic, shall, subject to

text: article 305, paragraph 2, be deposited with the Secretary-General of the

text: United Nations.

text: IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly

text: authorized thereto, have signed this Convention.

text: DONE AT MONTEGO BAY, this tenth day of December, one thousand

text: nine hundred and eighty-two.

text: Article 320

text: 1. Albacore tuna: Thunnus alalunga.

text: 2. Bluefin tuna: Thunnus thynnus.

text: 3. Bigeye tuna: Thunnus obesus.

text: 4. Skipjack tuna: Katsuwonus pelamis.

text: 5. Yellowfin tuna: Thunnus albacares.

text: 6. Blackfin tuna: Thunnus atlanticus.

text: 7. Little tuna: Euthynnus alletteratus; Euthynnus affinis.

text: 8. Southern bluefin tuna: Thunnus maccoyii.

text: 9. Frigate mackerel: Auxis thazard; Auxis rochei.

text: 10. Pomfrets: Family Bramidae.

text: 11. Marlins: Tetrapturus angustirostris; Tetrapturus belone;

text: Tetrapturus pfluegeri; Tetrapturus albidus; Tetrapturus audax;

text: Tetrapturus georgei; Makaira mazara; Makaira indica; Makaira

text: nigricans.

text: 12. Sail-fishes: Istiophorus platypterus; Istiophorus albicans.

text: 13. Swordfish: Xiphias gladius.

text: 14. Sauries: Scomberesox saurus; Cololabis saira; Cololabis adocetus;

text: Scomberesox saurus scombroides.

text: 15. Dolphin: Coryphaena hippurus; Coryphaena equiselis.

text: 16. Oceanic sharks: Hexanchus griseus; Cetorhinus maximus; Family

text: Alopiidae; Rhincodon typus; Family Carcharhinidae; Family

text: Sphyrnidae; Family Isurida.

text: 17. Cetaceans: Family Physeteridae; Family Balaenopteridae; Family

text: Balaenidae; Family Eschrichtiidae; Family Monodontidae; Family

text: Ziphiidae; Family Delphinidae.

text: ANNEX I. HIGHLY MIGRATORY SPECIES

text: OF THE CONTINENTAL SHELF

text: ANNEX II. COMMISSION ON THE LIMITS

text: In accordance with the provisions of article 76, a Commission on the

text: Limits of the Continental Shelf beyond 200 nautical miles shall be established

text: in conformity with the following articles.

text: Article 1

text: 1. The Commission shall consist of 21 members who shall be experts

text: in the field of geology, geophysics or hydrography, elected by States Parties

text: to this Convention from among their nationals, having due regard to the need

text: to ensure equitable geographical representation, who shall serve in their

text: personal capacities.

text: 2. The initial election shall be held as soon as possible but in any case

text: within 18 months after the date of entry into force of this Convention. At

text: least three months before the date of each election, the Secretary-General of

text: the United Nations shall address a letter to the States Parties, inviting the

text: submission of nominations, after appropriate regional consultations, within

text: three months. The Secretary-General shall prepare a list in alphabetical order

text: of all persons thus nominated and shall submit it to all the States Parties.

text: 3. Elections of the members of the Commission shall be held at a

text: meeting of States Parties convened by the Secretary-General at United

text: Nations Headquarters. At that meeting, for which two thirds of the States

text: Parties shall constitute a quorum, the persons elected to the Commission shall

text: be those nominees who obtain a two-thirds majority of the votes of the

text: representatives of States Parties present and voting. Not less than three

text: members shall be elected from each geographical region.

text: 4. The members of the Commission shall be elected for a term of five

text: years. They shall be eligible for re-election.

text: 5. The State Party which submitted the nomination of a member of the

text: Commission shall defray the expenses of that member while in performance

text: of Commission duties. The coastal State concerned shall defray the expenses

text: incurred in respect of the advice referred to in article 3, paragraph 1(b), of

text: this Annex. The secretariat of the Commission shall be provided by the

text: Article 2

text: The functions of the Commission shall be:

text: (a) to consider the data and other material submitted by coastal

text: States concerning the outer limits of the continental shelf in

text: areas where those limits extend beyond 200 nautical miles, and

text: to make recommendations in accordance with article 76 and the

text: Statement of Understanding adopted on 29 August 1980 by the

text: Third United Nations Conference on the Law of the Sea;

text: (b) to provide scientific and technical advice, if requested by the

text: coastal State concerned during the preparation of the data

text: referred to in subparagraph (a).

text: 2. The Commission may cooperate, to the extent considered necessary

text: and useful, with the Intergovernmental Oceanographic Commission of

text: UNESCO, the International Hydrographic Organization and other competent

text: international organizations with a view to exchanging scientific and technical

text: information which might be of assistance in discharging the Commission's

text: responsibilities.

text: Article 3

text: Where a coastal State intends to establish, in accordance with article 76,

text: the outer limits of its continental shelf beyond 200 nautical miles, it shall

text: submit particulars of such limits to the Commission along with supporting

text: scientific and technical data as soon as possible but in any case within

text: 10 years of the entry into force of this Convention for that State. The coastal

text: State shall at the same time give the names of any Commission members who

text: have provided it with scientific and technical advice.

text: Article 4

text: Unless the Commission decides otherwise, the Commission shall

text: function by way of sub-commissions composed of seven members, appointed

text: in a balanced manner taking into account the specific elements of each

text: submission by a coastal State. Nationals of the coastal State making the

text: submission who are members of the Commission and any Commission

text: member who has assisted a coastal State by providing scientific and technical

text: advice with respect to the delineation shall not be a member of the

text: sub-commission dealing with that submission but has the right to participate

text: as a member in the proceedings of the Commission concerning the said

text: submission. The coastal State which has made a submission to the

text: Commission may send its representatives to participate in the relevant

text: proceedings without the right to vote.

text: Article 5

text: 1. The sub-commission shall submit its recommendations to the

text: Commission.

text: 2. Approval by the Commission of the recommendations of the

text: sub-commission shall be by a majority of two thirds of Commission members

text: present and voting.

text: 3. The recommendations of the Commission shall be submitted in

text: writing to the coastal State which made the submission and to the

text: Article 6

text: Coastal States shall establish the outer limits of the continental shelf in

text: conformity with the provisions of article 76, paragraph 8, and in accordance

text: with the appropriate national procedures.

text: Article 7

text: In the case of disagreement by the coastal State with the

text: recommendations of the Commission, the coastal State shall, within a

text: reasonable time, make a revised or new submission to the Commission.

text: Article 8

text: The actions of the Commission shall not prejudice matters relating to

text: delimitation of boundaries between States with opposite or adjacent coasts.

text: Article 9

text: EXPLORATION AND EXPLOITATION

text: ANNEX III. BASIC CONDITIONS OF PROSPECTING,

text: Title to minerals

text: Title to minerals shall pass upon recovery in accordance with this

text: Convention.

text: Article 1

text: Prospecting

text: (a) The Authority shall encourage prospecting in the Area.

text: (b) Prospecting shall be conducted only after the Authority has

text: received a satisfactory written undertaking that the proposed

text: prospector will comply with this Convention and the relevant

text: rules, regulations and procedures of the Authority concerning

text: cooperation in the training programmes referred to in

text: articles 143 and 144 and the protection of the marine

text: environment, and will accept verification by the Authority of

text: compliance therewith. The proposed prospector shall, at the

text: same time, notify the Authority of the approximate area or areas

text: in which prospecting is to be conducted.

text: (c) Prospecting may be conducted simultaneously by more than one

text: prospector in the same area or areas.

text: 2. Prospecting shall not confer on the prospector any rights with

text: respect to resources. A prospector may, however, recover a reasonable

text: quantity of minerals to be used for testing.

text: Article 2

text: Exploration and exploitation

text: 1. The Enterprise, States Parties, and the other entities referred to in

text: article 153, paragraph 2(b), may apply to the Authority for approval of plans

text: of work for activities in the Area.

text: 2. The Enterprise may apply with respect to any part of the Area, but

text: applications by others with respect to reserved areas are subject to the

text: additional requirements of article 9 of this Annex.

text: 3. Exploration and exploitation shall be carried out only in areas

text: specified in plans of work referred to in article 153, paragraph 3, and

text: approved by the Authority in accordance with this Convention and the

text: relevant rules, regulations and procedures of the Authority.

text: 4. Every approved plan of work shall:

text: (a) be in conformity with this Convention and the rules, regulations

text: and procedures of the Authority;

text: (b) provide for control by the Authority of activities in the Area in

text: accordance with article 153, paragraph 4;

text: (c) confer on the operator, in accordance with the rules, regulations

text: and procedures of the Authority, the exclusive right to explore

text: for and exploit the specified categories of resources in the area

text: covered by the plan of work. If, however, the applicant

text: presents for approval a plan of work covering only the stage of

text: exploration or the stage of exploitation, the approved plan of

text: work shall confer such exclusive right with respect to that stage

text: only.

text: 5. Upon its approval by the Authority, every plan of work, except those

text: presented by the Enterprise, shall be in the form of a contract concluded

text: between the Authority and the applicant or applicants.

text: Article 3

text: Qualifications of applicants

text: 1. Applicants, other than the Enterprise, shall be qualified if they have

text: the nationality or control and sponsorship required by article 153,

text: paragraph 2(b), and if they follow the procedures and meet the qualification

text: standards set forth in the rules, regulations and procedures of the Authority.

text: 2. Except as provided in paragraph 6, such qualification standards shall

text: relate to the financial and technical capabilities of the applicant and his

text: performance under any previous contracts with the Authority.

text: 3. Each applicant shall be sponsored by the State Party of which it is

text: a national unless the applicant has more than one nationality, as in the case

text: of a partnership or consortium of entities from several States, in which event

text: all States Parties involved shall sponsor the application, or unless the

text: applicant is effectively controlled by another State Party or its nationals, in

text: which event both States Parties shall sponsor the application. The criteria and

text: procedures for implementation of the sponsorship requirements shall be set

text: forth in the rules, regulations and procedures of the Authority.

text: 4. The sponsoring State or States shall, pursuant to article 139, have the

text: responsibility to ensure, within their legal systems, that a contractor so

text: sponsored shall carry out activities in the Area in conformity with the terms

text: of its contract and its obligations under this Convention. A sponsoring State

text: shall not, however, be liable for damage caused by any failure of a contractor

text: sponsored by it to comply with its obligations if that State Party has adopted

text: laws and regulations and taken administrative measures which are, within the

text: framework of its legal system, reasonably appropriate for securing

text: compliance by persons under its jurisdiction.

text: 5. The procedures for assessing the qualifications of States Parties

text: which are applicants shall take into account their character as States.

text: 6. The qualification standards shall require that every applicant,

text: without exception, shall as part of his application undertake:

text: (a) to accept as enforceable and comply with the applicable

text: obligations created by the provisions of Part XI, the rules,

text: regulations and procedures of the Authority, the decisions of

text: the organs of the Authority and terms of his contracts with the

text: Authority;

text: (b) to accept control by the Authority of activities in the Area, as

text: authorized by this Convention;

text: (c) to provide the Authority with a written assurance that his

text: obligations under the contract will be fulfilled in good faith;

text: (d) to comply with the provisions on the transfer of technology set

text: forth in article 5 of this Annex.

text: Article 4

text: Transfer of technology

text: 1. When submitting a plan of work, every applicant shall make

text: available to the Authority a general description of the equipment and methods

text: to be used in carrying out activities in the Area, and other relevant

text: non-proprietary information about the characteristics of such technology and

text: information as to where such technology is available.

text: 2. Every operator shall inform the Authority of revisions in the

text: description and information made available pursuant to paragraph 1 whenever

text: a substantial technological change or innovation is introduced.

text: 3. Every contract for carrying out activities in the Area shall contain the

text: following undertakings by the contractor:

text: (a) to make available to the Enterprise on fair and reasonable

text: commercial terms and conditions, whenever the Authority so

text: requests, the technology which he uses in carrying out activities

text: in the Area under the contract, which the contractor is legally

text: entitled to transfer. This shall be done by means of licences or

text: other appropriate arrangements which the contractor shall

text: negotiate with the Enterprise and which shall be set forth in a

text: specific agreement supplementary to the contract. This

text: undertaking may be invoked only if the Enterprise finds that it

text: is unable to obtain the same or equally efficient and useful

text: technology on the open market on fair and reasonable

text: commercial terms and conditions;

text: (b) to obtain a written assurance from the owner of any technology

text: used in carrying out activities in the Area under the contract,

text: which is not generally available on the open market and which

text: is not covered by subparagraph (a), that the owner will,

text: whenever the Authority so requests, make that technology

text: available to the Enterprise under licence or other appropriate

text: arrangements and on fair and reasonable commercial terms and

text: conditions, to the same extent as made available to the

text: contractor. If this assurance is not obtained, the technology in

text: question shall not be used by the contractor in carrying out

text: activities in the Area;

text: (c) to acquire from the owner by means of an enforceable contract,

text: upon the request of the Enterprise and if it is possible to do so

text: without substantial cost to the contractor, the legal right to

text: transfer to the Enterprise any technology used by the contractor,

text: in carrying out activities in the Area under the contract, which

text: the contractor is otherwise not legally entitled to transfer and

text: which is not generally available on the open market. In cases

text: where there is a substantial corporate relationship between the

text: contractor and the owner of the technology, the closeness of

text: this relationship and the degree of control or influence shall be

text: relevant to the determination whether all feasible measures have

text: been taken to acquire such a right. In cases where the

text: contractor exercises effective control over the owner, failure to

text: acquire from the owner the legal right shall be considered

text: relevant to the contractor's qualification for any subsequent

text: application for approval of a plan of work;

text: (d) to facilitate, upon the request of the Enterprise, the acquisition

text: by the Enterprise of any technology covered by

text: subparagraph (b), under licence or other appropriate

text: conditions, if the Enterprise decides to negotiate directly with

text: the owner of the technology;

text: (e) to take the same measures as are prescribed in

text: subparagraphs (a), (b), (c) and (d) for the benefit of a

text: developing State or group of developing States which has

text: applied for a contract under article 9 of this Annex, provided

text: that these measures shall be limited to the exploitation of the

text: reserved pursuant to article 8 of this Annex and provided that

text: activities under the contract sought by the developing State or

text: group of developing States would not involve transfer of

text: technology to a third State or the nationals of a third State. The

text: obligation under this provision shall only apply with respect to

text: any given contractor where technology has not been requested

text: by the Enterprise or transferred by that contractor to the

text: Enterprise.

text: 4. Disputes concerning undertakings required by paragraph 3, like other

text: provisions of the contracts, shall be subject to compulsory settlement in

text: accordance with Part XI and, in cases of violation of these undertakings,

text: suspension or termination of the contract or monetary penalties may be

text: ordered in accordance with article 18 of this Annex. Disputes as to whether

text: offers made by the contractor are within the range of fair and reasonable

text: commercial terms and conditions may be submitted by either party to binding

text: commercial arbitration in accordance with the UNCITRAL Arbitration Rules

text: or such other arbitration rules as may be prescribed in the rules, regulations

text: and procedures of the Authority. If the finding is that the offer made by the

text: contractor is not within the range of fair and reasonable commercial terms and

text: conditions, the contractor shall be given 45 days to revise his offer to bring

text: it within that range before the Authority takes any action in accordance with

text: article 18 of this Annex.

text: 5. If the Enterprise is unable to obtain on fair and reasonable

text: commercial terms and conditions appropriate technology to enable it to

text: commence in a timely manner the recovery and processing of minerals from

text: the Area, either the Council or the Assembly may convene a group of States

text: Parties composed of those which are engaged in activities in the Area, those

text: which have sponsored entities which are engaged in activities in the Area and

text: other States Parties having access to such technology. This group shall

text: consult together and shall take effective measures to ensure that such

text: technology is made available to the Enterprise on fair and reasonable

text: commercial terms and conditions. Each such State Party shall take all

text: feasible measures to this end within its own legal system.

text: 6. In the case of joint ventures with the Enterprise, transfer of

text: technology will be in accordance with the terms of the joint venture

text: agreement.

text: 7. The undertakings required by paragraph 3 shall be included in each

text: contract for the carrying out of activities in the Area until 10 years after the

text: commencement of commercial production by the Enterprise, and may be

text: invoked during that period.

text: 8. For the purposes of this article, "technology" means the specialized

text: equipment and technical know-how, including manuals, designs, operating

text: instructions, training and technical advice and assistance, necessary to

text: assemble, maintain and operate a viable system and the legal right to use these

text: items for that purpose on a non-exclusive basis.

text: Article 5

text: Approval of plans of work

text: 1. Six months after the entry into force of this Convention, and

text: thereafter each fourth month, the Authority shall take up for consideration

text: proposed plans of work.

text: 2. When considering an application for approval of a plan of work in

text: the form of a contract, the Authority shall first ascertain whether:

text: (a) the applicant has complied with the procedures established for

text: applications in accordance with article 4 of this Annex and has

text: given the Authority the undertakings and assurances required

text: by that article. In cases of non-compliance with these

text: procedures or in the absence of any of these undertakings and

text: assurances, the applicant shall be given 45 days to remedy these

text: defects;

text: (b) the applicant possesses the requisite qualifications provided for

text: in article 4 of this Annex.

text: 3. All proposed plans of work shall be taken up in the order in which

text: they are received. The proposed plans of work shall comply with and be

text: governed by the relevant provisions of this Convention and the rules,

text: regulations and procedures of the Authority, including those on operational

text: requirements, financial contributions and the undertakings concerning the

text: transfer of technology. If the proposed plans of work conform to these

text: requirements, the Authority shall approve them provided that they are in

text: accordance with the uniform and non-discriminatory requirements set forth

text: in the rules, regulations and procedures of the Authority, unless:

text: (a) part or all of the area covered by the proposed plan of work is

text: included in an approved plan of work or a previously submitted

text: proposed plan of work which has not yet been finally acted on

text: by the Authority;

text: (b) part or all of the area covered by the proposed plan of work is

text: disapproved by the Authority pursuant to article 162,

text: paragraph 2(x); or

text: (c) the proposed plan of work has been submitted or sponsored by

text: a State Party which already holds:

text: (i) plans of work for exploration and exploitation of

text: polymetallic nodules in non-reserved areas that, together

text: with either part of the area covered by the application for

text: a plan of work, exceed in size 30 per cent of a circular

text: area of 400,000 square kilometres surrounding the centre

text: of either part of the area covered by the proposed plan of

text: work;

text: (ii) plans of work for the exploration and exploitation of

text: polymetallic nodules in non-reserved areas which, taken

text: together, constitute 2 per cent of the total seabed area

text: which is not reserved or disapproved for exploitation

text: pursuant to article 162, paragraph (2)(x).

text: 4. For the purpose of the standard set forth in paragraph 3(c), a plan of

text: work submitted by a partnership or consortium shall be counted on a pro rata

text: basis among the sponsoring States Parties involved in accordance with

text: article 4, paragraph 3, of this Annex. The Authority may approve plans of

text: work covered by paragraph 3(c) if it determines that such approval would not

text: permit a State Party or entities sponsored by it to monopolize the conduct of

text: activities in the Area or to preclude other States Parties from activities in the

text: Area.

text: 5. Notwithstanding paragraph 3(a), after the end of the interim period

text: specified in article 151, paragraph 3, the Authority may adopt by means of

text: rules, regulations and procedures other procedures and criteria consistent with

text: this Convention for deciding which applicants shall have plans of work

text: approved in cases of selection among applicants for a proposed area. These

text: procedures and criteria shall ensure approval of plans of work on an equitable

text: and non-discriminatory basis.

text: Article 6

text: Selection among applicants for production authorizations

text: applications for production authorizations submitted during the immediately

text: preceding period. The Authority shall issue the authorizations applied for if

text: all such applications can be approved without exceeding the production

text: limitation or contravening the obligations of the Authority under a commodity

text: agreement or arrangement to which it has become a party, as provided in

text: article 151.

text: 2. When a selection must be made among applicants for production

text: authorizations because of the production limitation set forth in article 151,

text: paragraphs 2 to 7, or because of the obligations of the Authority under a

text: commodity agreement or arrangement to which it has become a party, as

text: provided for in article 151, paragraph 1, the Authority shall make the

text: selection on the basis of objective and non-discriminatory standards set forth

text: in its rules, regulations and procedures.

text: 3. In the application of paragraph 2, the Authority shall give priority to

text: those applicants which:

text: (a) give better assurance of performance, taking into account their

text: financial and technical qualifications and their performance, if

text: any, under previously approved plans of work;

text: (b) provide earlier prospective financial benefits to the Authority,

text: taking into account when commercial production is scheduled

text: to begin;

text: (c) have already invested the most resources and effort in

text: prospecting or exploration.

text: 4. Applicants which are not selected in any period shall have priority

text: in subsequent periods until they receive a production authorization.

text: 5. Selection shall be made taking into account the need to enhance

text: opportunities for all States Parties, irrespective of their social and economic

text: systems or geographical locations so as to avoid discrimination against any

text: State or system, to participate in activities in the Area and to prevent

text: monopolization of those activities.

text: 6. Whenever fewer reserved areas than non-reserved areas are under

text: exploitation, applications for production authorizations with respect to

text: reserved areas shall have priority.

text: 7. The decisions referred to in this article shall be taken as soon as

text: possible after the close of each period.

text: Article 7

text: Reservation of areas

text: Each application, other than those submitted by the Enterprise or by any

text: other entities for reserved areas, shall cover a total area, which need not be a

text: single continuous area, sufficiently large and of sufficient estimated

text: commercial value to allow two mining operations. The applicant shall

text: indicate the coordinates dividing the area into two parts of equal estimated

text: commercial value and submit all the data obtained by him with respect to both

text: parts. Without prejudice to the powers of the Authority pursuant to article 17

text: of this Annex, the data to be submitted concerning polymetallic nodules shall

text: relate to mapping, sampling, the abundance of nodules, and their metal

text: content. Within 45 days of receiving such data, the Authority shall designate

text: which part is to be reserved solely for the conduct of activities by the

text: Authority through the Enterprise or in association with developing States.

text: This designation may be deferred for a further period of 45 days if the

text: Authority requests an independent expert to assess whether all data required

text: by this article has been submitted. The area designated shall become a

text: reserved area as soon as the plan of work for the non-reserved area is

text: approved and the contract is signed.

text: Article 8

text: Activities in reserved areas

text: 1. The Enterprise shall be given an opportunity to decide whether it

text: intends to carry out activities in each reserved area. This decision may be

text: taken at any time, unless a notification pursuant to paragraph 4 is received by

text: the Authority, in which event the Enterprise shall take its decision within a

text: reasonable time. The Enterprise may decide to exploit such areas in joint

text: ventures with the interested State or entity.

text: 2. The Enterprise may conclude contracts for the execution of part of

text: its activities in accordance with Annex IV, article 12. It may also enter into

text: joint ventures for the conduct of such activities with any entities which are

text: eligible to carry out activities in the Area pursuant to article 153,

text: paragraph 2(b). When considering such joint ventures, the Enterprise shall

text: offer to States Parties which are developing States and their nationals the

text: opportunity of effective participation.

text: 3. The Authority may prescribe, in its rules, regulations and

text: procedures, substantive and procedural requirements and conditions with

text: respect to such contracts and joint ventures.

text: 4. Any State Party which is a developing State or any natural or

text: juridical person sponsored by it and effectively controlled by it or by other

text: developing State which is a qualified applicant, or any group of the foregoing,

text: may notify the Authority that it wishes to submit a plan of work pursuant to

text: article 6 of this Annex with respect to a reserved area. The plan of work shall

text: be considered if the Enterprise decides, pursuant to paragraph 1, that it does

text: not intend to carry out activities in that area.

text: Article 9

text: Preference and priority among applicants

text: An operator who has an approved plan of work for exploration only, as

text: provided in article 3, paragraph 4(c), of this Annex shall have a preference

text: and a priority among applicants for a plan of work covering exploitation of

text: the same area and resources. However, such preference or priority may be

text: withdrawn if the operator's performance has not been satisfactory.

text: Article 10

text: Joint arrangements

text: 1. Contracts may provide for joint arrangements between the contractor

text: and the Authority through the Enterprise, in the form of joint ventures or

text: production sharing, as well as any other form of joint arrangement, which

text: shall have the same protection against revision, suspension or termination as

text: contracts with the Authority.

text: 2. Contractors entering into such joint arrangements with the Enterprise

text: may receive financial incentives as provided for in article 13 of this Annex.

text: 3. Partners in joint ventures with the Enterprise shall be liable for the

text: payments required by article 13 of this Annex to the extent of their share in

text: the joint ventures, subject to financial incentives as provided for in that

text: article.

text: Article 11

text: Activities carried out by the Enterprise

text: 1. Activities in the Area carried out by the Enterprise pursuant to

text: article 153, paragraph 2(a), shall be governed by Part XI, the rules,

text: regulations and procedures of the Authority and its relevant decisions.

text: 2. Any plan of work submitted by the Enterprise shall be accompanied

text: by evidence supporting its financial and technical capabilities.

text: Article 12

text: Financial terms of contracts

text: 1. In adopting rules, regulations and procedures concerning the

text: financial terms of a contract between the Authority and the entities referred

text: to in article 153, paragraph 2(b), and in negotiating those financial terms in

text: accordance with Part XI and those rules, regulations and procedures, the

text: Authority shall be guided by the following objectives:

text: (a) to ensure optimum revenues for the Authority from the

text: proceeds of commercial production;

text: (b) to attract investments and technology to the exploration and

text: exploitation of the Area;

text: (c) to ensure equality of financial treatment and comparable

text: financial obligations for contractors;

text: (d) to provide incentives on a uniform and non-discriminatory basis

text: for contractors to undertake joint arrangements with the

text: Enterprise and developing States or their nationals, to stimulate

text: the transfer of technology thereto, and to train the personnel of

text: the Authority and of developing States;

text: (e) to enable the Enterprise to engage in seabed mining effectively

text: at the same time as the entities referred to in article 153,

text: paragraph 2(b); and

text: (f) to ensure that, as a result of the financial incentives provided to

text: contractors under paragraph 14, under the terms of contracts

text: reviewed in accordance with article 19 of this Annex or under

text: the provisions of article 11 of this Annex with respect to joint

text: ventures, contractors are not subsidized so as to be given an

text: artificial competitive advantage with respect to land-based

text: miners.

text: 2. A fee shall be levied for the administrative cost of processing an

text: application for approval of a plan of work in the form of a contract and shall

text: be fixed at an amount of $US 500,000 per application. The amount of the fee

text: shall be reviewed from time to time by the Council in order to ensure that it

text: covers the administrative cost incurred. If such administrative cost incurred

text: by the Authority in processing an application is less than the fixed amount,

text: the Authority shall refund the difference to the applicant.

text: 3. A contractor shall pay an annual fixed fee of $US 1 million from the

text: date of entry into force of the contract. If the approved date of

text: commencement of commercial production is postponed because of a delay in

text: issuing the production authorization, in accordance with article 151, the

text: annual fixed fee shall be waived for the period of postponement. From the

text: date of commencement of commercial production, the contractor shall pay

text: either the production charge or the annual fixed fee, whichever is greater.

text: 4. Within a year of the date of commencement of commercial

text: production, in conformity with paragraph 3, a contractor shall choose to make

text: his financial contribution to the Authority by either:

text: (a) paying a production charge only; or

text: (b) paying a combination of a production charge and a share of net

text: proceeds.

text: 5. (a) If a contractor chooses to make his financial contribution to the

text: Authority by paying a production charge only, it shall be fixed

text: at a percentage of the market value of the processed metals

text: produced from the polymetallic nodules recovered from the area

text: covered by the contract. This percentage shall be fixed as

text: follows:

text: (i) years 1-10 of commercial production

text: 5 per cent

text: (ii) years 11 to the end of commercial production 12 per cent

text: (b) The said market value shall be the product of the quantity of the

text: processed metals produced from the polymetallic nodules

text: extracted from the area covered by the contract and the average

text: price for those metals during the relevant accounting year, as

text: defined in paragraphs 7 and 8.

text: 6. If a contractor chooses to make his financial contribution to the

text: Authority by paying a combination of a production charge and a share of net

text: proceeds, such payments shall be determined as follows:

text: (a) The production charge shall be fixed at a percentage of the

text: market value, determined in accordance with subpara-graph (b),

text: of the processed metals produced from the polymetallic nodules

text: recovered from the area covered by the contract. This

text: percentage shall be fixed as follows:

text: (i) first period of commercial production

text: 2 per cent

text: (ii) second period of commercial production

text: 4 per cent

text: If, in the second period of commercial production, as defined in

text: subparagraph (d), the return on investment in any accounting

text: year as defined in subparagraph (m) falls below 15 per cent as

text: a result of the payment of the production charge at 4 per cent,

text: the production charge shall be 2 per cent instead of 4 per cent

text: in that accounting year.

text: recovered from the area covered by the contract and the average

text: price for those metals during the relevant accounting year as

text: defined in paragraphs 7 and 8.

text: (c) (i) The Authority's share of net proceeds shall be taken out

text: of that portion of the contractor's net proceeds which is

text: attributable to the mining of the resources of the area

text: covered by the contract, referred to hereinafter as

text: attributable net proceeds.

text: (ii) The Authority's share of attributable net proceeds shall be

text: determined in accordance with the following incremental

text: schedule:

text: Portion of attributable

text: net proceeds

text: That portion representing a

text: return on investment which

text: is greater than 0 per cent,

text: but less than 10 per cent

text: That portion representing a

text: return on investment which

text: is 10 per cent or greater, but

text: less than 20 per cent

text: That portion representing a

text: return on investment which

text: is 20 per cent or greater

text: (d)

text: Share of the Authority

text: First period of

text: commercial

text: production

text: Second period of

text: commercial

text: production

text: 35 per cent

text: 40 per cent

text: 42.5 per cent

text: 50 per cent

text: 50 per cent

text: 70 per cent

text: (i) The first period of commercial production referred to in

text: subparagraphs (a) and (c) shall commence in the first

text: accounting year of commercial production and terminate

text: in the accounting year in which the contractor's

text: development costs with interest on the unrecovered

text: portion thereof are fully recovered by his cash surplus, as

text: follows:

text: In the first accounting year during which development

text: costs are incurred, unrecovered development costs shall

text: equal the development costs less cash surplus in that year.

text: In each subsequent accounting year, unrecovered

text: development costs shall equal the unrecovered

text: development costs at the end of the preceding accounting

text: year, plus interest thereon at the rate of 10 per cent per

text: annum, plus development costs incurred in the current

text: accounting year and less contractor's cash surplus in the

text: current accounting year. The accounting year in which

text: unrecovered development costs become zero for the first

text: time shall be the accounting year in which the contractor's

text: portion thereof are fully recovered by his cash surplus.

text: The contractor's cash surplus in any accounting year shall

text: be his gross proceeds less his operating costs and less his

text: payments to the Authority under subparagraph (c).

text: (ii) The second period of commercial production shall

text: commence in the accounting year following the

text: termination of the first period of commercial production

text: and shall continue until the end of the contract.

text: (e) "Attributable net proceeds" means the product of the

text: contractor's net proceeds and the ratio of the development costs

text: in the mining sector to the contractor's development costs. If

text: the contractor engages in mining, transporting polymetallic

text: nodules and production primarily of three processed metals,

text: namely, cobalt, copper and nickel, the amount of attributable

text: net proceeds shall not be less than 25 per cent of the

text: contractor's net proceeds. Subject to subparagraph (n), in all

text: other cases, including those where the contractor engages in

text: mining, transporting polymetallic nodules, and production

text: primarily of four processed metals, namely, cobalt, copper,

text: manganese and nickel, the Authority may, in its rules,

text: regulations and procedures, prescribe appropriate floors which

text: shall bear the same relationship to each case as the 25 per cent

text: floor does to the three-metal case.

text: (f) "Contractor's net proceeds" means the contractor's gross

text: proceeds less his operating costs and less the recovery of his

text: development costs as set out in subparagraph (j).

text: (g) (i) If the contractor engages in mining, transporting

text: polymetallic nodules and production of processed metals,

text: "contractor's gross proceeds" means the gross revenues

text: from the sale of the processed metals and any other

text: monies deemed reasonably attributable to operations

text: under the contract in accordance with the financial rules,

text: (ii) In all cases other than those specified in

text: subparagraphs (g)(i) and (n)(iii), "contractor's gross

text: proceeds" means the gross revenues from the sale of the

text: semi-processed metals from the polymetallic nodules

text: recovered from the area covered by the contract, and any

text: other monies deemed reasonably attributable to operations

text: (h) "Contractor's development costs" means:

text: (i) all expenditures incurred prior to the commencement of

text: commercial production which are directly related to the

text: development of the productive capacity of the area

text: covered by the contract and the activities related thereto

text: for operations under the contract in all cases other than

text: that specified in subparagraph (n), in conformity with

text: generally recognized accounting principles, including,

text: inter alia, costs of machinery, equipment, ships,

text: processing plant, construction, buildings, land, roads,

text: prospecting and exploration of the area covered by the

text: contract, research and development, interest, required

text: leases, licences and fees; and

text: (ii) expenditures similar to those set forth in (i) above

text: incurred subsequent to the commencement of commercial

text: production and necessary to carry out the plan of work,

text: except those chargeable to operating costs.

text: (i) The proceeds from the disposal of capital assets and the market

text: value of those capital assets which are no longer required for

text: operations under the contract and which are not sold shall be

text: deducted from the contractor's development costs during the

text: relevant accounting year. When these deductions exceed the

text: contractor's development costs the excess shall be added to the

text: contractor's gross proceeds.

text: (j) The contractor's development costs incurred prior to the

text: commencement of commercial production referred to in

text: subparagraphs (h)(i) and (n)(iv) shall be recovered in 10 equal

text: annual instalments from the date of commencement of

text: commercial production. The contractor's development costs

text: production referred to in subparagraphs (h)(ii) and (n)(iv) shall

text: be recovered in 10 or fewer equal annual instalments so as to

text: ensure their complete recovery by the end of the contract.

text: (k) "Contractor's operating costs" means all expenditures incurred

text: after the commencement of commercial production in the

text: operation of the productive capacity of the area covered by the

text: contract and the activities related thereto for operations under

text: the contract, in conformity with generally recognized

text: accounting principles, including, inter alia, the annual fixed fee

text: or the production charge, whichever is greater, expenditures for

text: wages, salaries, employee benefits, materials, services,

text: transporting, processing and marketing costs, interest, utilities,

text: preservation of the marine environment, overhead and

text: administrative costs specifically related to operations under the

text: contract, and any net operating losses carried forward or

text: backward as specified herein. Net operating losses may be

text: carried forward for two consecutive years except in the last two

text: years of the contract in which case they may be carried

text: backward to the two preceding years.

text: (l) If the contractor engages in mining, transporting of polymetallic

text: nodules, and production of processed and semi-processed

text: metals, "development costs of the mining sector" means the

text: portion of the contractor's development costs which is directly

text: related to the mining of the resources of the area covered by the

text: contract, in conformity with generally recognized accounting

text: principles, and the financial rules, regulations and procedures

text: of the Authority, including, inter alia, application fee, annual

text: fixed fee and, where applicable, costs of prospecting and

text: exploration of the area covered by the contract, and a portion of

text: research and development costs.

text: (m) "Return on investment" in any accounting year means the ratio

text: of attributable net proceeds in that year to the development

text: costs of the mining sector. For the purpose of computing this

text: ratio the development costs of the mining sector shall include

text: expenditures on new or replacement equipment in the mining

text: sector less the original cost of the equipment replaced.

text: (n) If the contractor engages in mining only:

text: (i) "attributable net proceeds" means the whole of the

text: contractor's net proceeds;

text: (ii) "contractor's net proceeds" shall be as defined in

text: subparagraph (f);

text: (iii) "contractor's gross proceeds" means the gross revenues

text: from the sale of the polymetallic nodules, and any other

text: regulations and procedures of the Authority;

text: (iv) "contractor's development costs" means all expenditures

text: incurred prior to the commencement of commercial

text: production as set forth in subparagraph (h)(i), and all

text: expenditures incurred subsequent to the commencement

text: of commercial production as set forth in

text: subparagraph (h)(ii), which are directly related to the

text: mining of the resources of the area covered by the

text: contract, in conformity with generally recognized

text: accounting principles;

text: (v) "contractor's operating costs" means the contractor's

text: operating costs as in subparagraph (k) which are directly

text: related to the mining of the resources of the area covered

text: by the contract in conformity with generally recognized

text: accounting principles;

text: (vi) "return on investment" in any accounting year means the

text: ratio of the contractor's net proceeds in that year to the

text: contractor's development costs. For the purpose of

text: computing this ratio, the contractor's development costs

text: shall include expenditures on new or replacement

text: equipment less the original cost of the equipment

text: replaced.

text: (o) The costs referred to in subparagraphs (h), (k), (l) and (n) in

text: respect of interest paid by the contractor shall be allowed to the

text: extent that, in all the circumstances, the Authority approves,

text: pursuant to article 4, paragraph 1, of this Annex, the debt-equity

text: ratio and the rates of interest as reasonable, having regard to

text: existing commercial practice.

text: (p) The costs referred to in this paragraph shall not be interpreted

text: as including payments of corporate income taxes or similar

text: charges levied by States in respect of the operations of the

text: contractor.

text: 7. (a) "Processed metals", referred to in paragraphs 5 and 6, means

text: the metals in the most basic form in which they are customarily

text: traded on international terminal markets. For this purpose, the

text: Authority shall specify, in its financial rules, regulations and

text: procedures, the relevant international terminal market. For the

text: metals which are not traded on such markets, "processed

text: metals" means the metals in the most basic form in which they

text: are customarily traded in representative arm's length

text: transactions.

text: (b) If the Authority cannot otherwise determine the quantity of the

text: recovered from the area covered by the contract referred to in

text: paragraphs 5(b) and 6(b), the quantity shall be determined on

text: the basis of the metal content of the nodules, processing

text: recovery efficiency and other relevant factors, in accordance

text: with the rules, regulations and procedures of the Authority and

text: in conformity with generally recognized accounting principles.

text: 8. If an international terminal market provides a representative pricing

text: mechanism for processed metals, polymetallic nodules and semi-processed

text: metals from the nodules, the average price on that market shall be used. In

text: all other cases, the Authority shall, after consulting the contractor, determine

text: a fair price for the said products in accordance with paragraph 9.

text: (a) All costs, expenditures, proceeds and revenues and all

text: determinations of price and value referred to in this article shall

text: be the result of free market or arm's length transactions. In the

text: absence thereof, they shall be determined by the Authority, after

text: consulting the contractor, as though they were the result of free

text: market or arm's length transactions, taking into account relevant

text: transactions in other markets.

text: (b) In order to ensure compliance with and enforcement of the

text: provisions of this paragraph, the Authority shall be guided by

text: the principles adopted for, and the interpretation given to, arm's

text: length transactions by the Commission on Transnational

text: Corporations of the United Nations, the Group of Experts on

text: Tax Treaties between Developing and Developed Countries and

text: other international organizations, and shall, in its rules,

text: regulations and procedures, specify uniform and internationally

text: acceptable accounting rules and procedures, and the means of

text: selection by the contractor of certified independent accountants

text: acceptable to the Authority for the purpose of carrying out

text: auditing in compliance with those rules, regulations and

text: procedures.

text: 10. The contractor shall make available to the accountants, in accordance

text: with the financial rules, regulations and procedures of the Authority, such

text: financial data as are required to determine compliance with this article.

text: 11. All costs, expenditures, proceeds and revenues, and all prices and

text: values referred to in this article, shall be determined in accordance with

text: generally recognized accounting principles and the financial rules, regulations

text: and procedures of the Authority.

text: 12. Payments to the Authority under paragraphs 5 and 6 shall be made

text: in freely usable currencies or currencies which are freely available and

text: effectively usable on the major foreign exchange markets or, at the

text: contractor's option, in the equivalents of processed metals at market value.

text: The market value shall be determined in accordance with paragraph 5(b). The

text: freely usable currencies and currencies which are freely available and

text: effectively usable on the major foreign exchange markets shall be defined in

text: the rules, regulations and procedures of the Authority in accordance with

text: prevailing international monetary practice.

text: 13. All financial obligations of the contractor to the Authority, as well

text: as all his fees, costs, expenditures, proceeds and revenues referred to in this

text: article, shall be adjusted by expressing them in constant terms relative to a

text: base year.

text: 14. The Authority may, taking into account any recommendations of the

text: Economic Planning Commission and the Legal and Technical Commission,

text: adopt rules, regulations and procedures that provide for incentives, on a

text: uniform and non-discriminatory basis, to contractors to further the objectives

text: set out in paragraph 1.

text: 15. In the event of a dispute between the Authority and a contractor over

text: the interpretation or application of the financial terms of a contract, either

text: party may submit the dispute to binding commercial arbitration, unless both

text: parties agree to settle the dispute by other means, in accordance with

text: article 188, paragraph 2.

text: Article 13

text: Transfer of data

text: 1. The operator shall transfer to the Authority, in accordance with its

text: rules, regulations and procedures and the terms and conditions of the plan of

text: work, at time intervals determined by the Authority all data which are both

text: necessary for and relevant to the effective exercise of the powers and

text: functions of the principal organs of the Authority in respect of the area

text: covered by the plan of work.

text: 2. Transferred data in respect of the area covered by the plan of work,

text: deemed proprietary, may only be used for the purposes set forth in this article.

text: Data necessary for the formulation by the Authority of rules, regulations and

text: procedures concerning protection of the marine environment and safety, other

text: than equipment design data, shall not be deemed proprietary.

text: 3. Data transferred to the Authority by prospectors, applicants for

text: contracts or contractors, deemed proprietary, shall not be disclosed by the

text: Authority to the Enterprise or to anyone external to the Authority, but data on

text: the reserved areas may be disclosed to the Enterprise. Such data transferred

text: by such persons to the Enterprise shall not be disclosed by the Enterprise to

text: the Authority or to anyone external to the Authority.

text: Article 14

text: Training programmes

text: The contractor shall draw up practical programmes for the training of

text: personnel of the Authority and developing States, including the participation

text: of such personnel in all activities in the Area which are covered by the

text: contract, in accordance with article 144, paragraph 2.

text: Article 15

text: Exclusive right to explore and exploit

text: The Authority shall, pursuant to Part XI and its rules, regulations and

text: procedures, accord the operator the exclusive right to explore and exploit the

text: area covered by the plan of work in respect of a specified category of

text: resources and shall ensure that no other entity operates in the same area for

text: a different category of resources in a manner which might interfere with the

text: operations of the operator. The operator shall have security of tenure in

text: accordance with article 153, paragraph 6.

text: Article 16

text: Rules, regulations and procedures of the Authority

text: 1. The Authority shall adopt and uniformly apply rules, regulations and

text: procedures in accordance with article 160, paragraph 2(f)(ii), and article 162,

text: paragraph 2(o)(ii), for the exercise of its functions as set forth in Part XI on,

text: inter alia, the following matters:

text: (a) administrative procedures relating to prospecting, exploration

text: and exploitation in the Area;

text: (b) operations:

text: (i) size of area;

text: (ii) duration of operations;

text: (iii) performance requirements including assurances pursuant

text: to article 4, paragraph 6(c), of this Annex;

text: (iv) categories of resources;

text: (v) renunciation of areas;

text: (vi) progress reports;

text: (vii) submission of data;

text: (viii) inspection and supervision of operations;

text: (ix) prevention of interference with other activities in the

text: marine environment;

text: (x) transfer of rights and obligations by a contractor;

text: (xi) procedures for transfer of technology to developing States

text: in accordance with article 144 and for their direct

text: participation;

text: (xii) mining standards and practices, including those relating

text: to operational safety, conservation of the resources and

text: the protection of the marine environment;

text: (xiii) definition of commercial production;

text: (xiv) qualification standards for applicants;

text: (c) financial matters:

text: (i) establishment of uniform and non-discriminatory costing

text: and accounting rules and the method of selection of

text: auditors;

text: (ii) apportionment of proceeds of operations;

text: (iii) the incentives referred to in article 13 of this Annex;

text: (d) implementation of decisions taken pursuant to article 151,

text: paragraph 10, and article 164, paragraph 2(d).

text: 2. Rules, regulations and procedures on the following items shall fully

text: reflect the objective criteria set out below:

text: (a) Size of areas:

text: The Authority shall determine the appropriate size of

text: areas for exploration which may be up to twice as large as those

text: for exploitation in order to permit intensive exploration

text: operations. The size of area shall be calculated to satisfy the

text: requirements of article 8 of this Annex on reservation of areas

text: as well as stated production requirements consistent with

text: article 151 in accordance with the terms of the contract taking

text: into account the state of the art of technology then available for

text: seabed mining and the relevant physical characteristics of the

text: areas. Areas shall be neither smaller nor larger than are

text: necessary to satisfy this objective.

text: (b) Duration of operations:

text: (i) Prospecting shall be without time-limit;

text: (ii) Exploration should be of sufficient duration to permit a

text: thorough survey of the specific area, the design and

text: construction of mining equipment for the area and the

text: design and construction of small and medium-size

text: processing plants for the purpose of testing mining and

text: processing systems;

text: (iii) The duration of exploitation should be related to the

text: economic life of the mining project, taking into

text: consideration such factors as the depletion of the ore, the

text: useful life of mining equipment and processing facilities

text: and commercial viability. Exploitation should be of

text: sufficient duration to permit commercial extraction of

text: minerals of the area and should include a reasonable time

text: period for construction of commercial-scale mining and

text: processing systems, during which period commercial

text: production should not be required. The total duration of

text: exploitation, however, should also be short enough to give

text: the Authority an opportunity to amend the terms and

text: conditions of the plan of work at the time it considers

text: renewal in accordance with rules, regulations and

text: procedures which it has adopted subsequent to approving

text: the plan of work.

text: (c) Performance requirements:

text: The Authority shall require that during the exploration

text: stage periodic expenditures be made by the operator which are

text: reasonably related to the size of the area covered by the plan of

text: work and the expenditures which would be expected of a

text: bona fide operator who intended to bring the area into

text: commercial production within the time-limits established by the

text: Authority. The required expenditures should not be established

text: at a level which would discourage prospective operators with

text: less costly technology than is prevalently in use. The Authority

text: shall establish a maximum time interval, after the exploration

text: stage is completed and the exploitation stage begins, to achieve

text: commercial production. To determine this interval, the

text: Authority should take into consideration that construction of

text: large-scale mining and processing systems cannot be initiated

text: until after the termination of the exploration stage and the

text: commencement of the exploitation stage. Accordingly, the

text: interval to bring an area into commercial production should take

text: into account the time necessary for this construction after the

text: completion of the exploration stage and reasonable allowance

text: should be made for unavoidable delays in the construction

text: schedule. Once commercial production is achieved, the

text: Authority shall within reasonable limits and taking into

text: consideration all relevant factors require the operator to

text: maintain commercial production throughout the period of the

text: plan of work.

text: (d) Categories of resources:

text: In determining the category of resources in respect of

text: which a plan of work may be approved, the Authority shall give

text: emphasis inter alia to the following characteristics:

text: (i) that certain resources require the use of similar mining

text: methods; and

text: (ii) that some resources can be developed simultaneously

text: without undue interference between operators developing

text: different resources in the same area.

text: Nothing in this subparagraph shall preclude the Authority from

text: approving a plan of work with respect to more than one

text: category of resources in the same area to the same applicant.

text: (e) Renunciation of areas:

text: The operator shall have the right at any time to renounce

text: without penalty the whole or part of his rights in the area

text: covered by a plan of work.

text: (f) Protection of the marine environment:

text: Rules, regulations and procedures shall be drawn up in

text: order to secure effective protection of the marine environment

text: from harmful effects directly resulting from activities in the

text: Area or from shipboard processing immediately above a mine

text: site of minerals derived from that mine site, taking into account

text: the extent to which such harmful effects may directly result

text: from drilling, dredging, coring and excavation and from

text: disposal, dumping and discharge into the marine environment

text: of sediment, wastes or other effluents.

text: (g) Commercial production:

text: Commercial production shall be deemed to have begun if

text: an operator engages in sustained large-scale recovery operations

text: which yield a quantity of materials sufficient to indicate clearly

text: that the principal purpose is large-scale production rather than

text: production intended for information gathering, analysis or the

text: testing of equipment or plant.

text: Article 17

text: Penalties

text: 1. A contractor's rights under the contract may be suspended or

text: terminated only in the following cases:

text: (a) if, in spite of warnings by the Authority, the contractor has

text: conducted his activities in such a way as to result in serious,

text: persistent and wilful violations of the fundamental terms of the

text: contract, Part XI and the rules, regulations and procedures of

text: the Authority; or

text: (b) if the contractor has failed to comply with a final binding

text: decision of the dispute settlement body applicable to him.

text: 2. In the case of any violation of the contract not covered by

text: paragraph 1(a), or in lieu of suspension or termination under paragraph 1(a),

text: the Authority may impose upon the contractor monetary penalties

text: proportionate to the seriousness of the violation.

text: 3. Except for emergency orders under article 162, paragraph 2(w), the

text: Authority may not execute a decision involving monetary penalties,

text: suspension or termination until the contractor has been accorded a reasonable

text: opportunity to exhaust the judicial remedies available to him pursuant to

text: Part XI, section 5.

text: Article 18

text: Revision of contract

text: 1. When circumstances have arisen or are likely to arise which, in the

text: opinion of either party, would render the contract inequitable or make it

text: impracticable or impossible to achieve the objectives set out in the contract

text: or in Part XI, the parties shall enter into negotiations to revise it accordingly.

text: 2. Any contract entered into in accordance with article 153,

text: paragraph 3, may be revised only with the consent of the parties.

text: Article 19

text: Transfer of rights and obligations

text: The rights and obligations arising under a contract may be transferred

text: only with the consent of the Authority, and in accordance with its rules,

text: regulations and procedures. The Authority shall not unreasonably withhold

text: consent to the transfer if the proposed transferee is in all respects a qualified

text: applicant and assumes all of the obligations of the transferor and if the

text: transfer does not confer to the transferee a plan of work, the approval of

text: which would be forbidden by article 6, paragraph 3(c), of this Annex.

text: Article 20

text: Applicable law

text: 1. The contract shall be governed by the terms of the contract, the rules,

text: regulations and procedures of the Authority, Part XI and other rules of

text: international law not incompatible with this Convention.

text: 2. Any final decision rendered by a court or tribunal having jurisdiction

text: under this Convention relating to the rights and obligations of the Authority

text: and of the contractor shall be enforceable in the territory of each State Party.

text: 3. No State Party may impose conditions on a contractor that are

text: inconsistent with Part XI. However, the application by a State Party to

text: contractors sponsored by it, or to ships flying its flag, of environmental or

text: other laws and regulations more stringent than those in the rules, regulations

text: and procedures of the Authority adopted pursuant to article 17,

text: paragraph 2(f), of this Annex shall not be deemed inconsistent with Part XI.

text: Article 21

text: Responsibility

text: The contractor shall have responsibility or liability for any damage

text: arising out of wrongful acts in the conduct of its operations, account being

text: taken of contributory acts or omissions by the Authority. Similarly, the

text: Authority shall have responsibility or liability for any damage arising out of

text: wrongful acts in the exercise of its powers and functions, including violations

text: under article 168, paragraph 2, account being taken of contributory acts or

text: omissions by the contractor. Liability in every case shall be for the actual

text: amount of damage.

text: Article 22

text: ANNEX IV. STATUTE OF THE ENTERPRISE

text: Purposes

text: 1. The Enterprise is the organ of the Authority which shall carry out

text: activities in the Area directly, pursuant to article 153, paragraph 2 (a), as well

text: as the transporting, processing and marketing of minerals recovered from the

text: Area.

text: 2. In carrying out its purposes and in the exercise of its functions, the

text: Enterprise shall act in accordance with this Convention and the rules,

text: 3. In developing the resources of the Area pursuant to paragraph 1, the

text: Enterprise shall, subject to this Convention, operate in accordance with sound

text: commercial principles.

text: Article 1

text: Relationship to the Authority

text: 1. Pursuant to article 170, the Enterprise shall act in accordance with

text: the general policies of the Assembly and the directives of the Council.

text: 2. Subject to paragraph l, the Enterprise shall enjoy autonomy in the

text: conduct of its operations.

text: 3. Nothing in this Convention shall make the Enterprise liable for the

text: acts or obligations of the Authority, or make the Authority liable for the acts

text: or obligations of the Enterprise.

text: Article 2

text: Limitation of liability

text: Without prejudice to article 11, paragraph 3, of this Annex, no member

text: of the Authority shall be liable by reason only of its membership for the acts

text: or obligations of the Enterprise.

text: Article 3

text: Structure

text: The Enterprise shall have a Governing Board, a Director-General and the

text: staff necessary for the exercise of its functions.

text: Article 4

text: Governing Board

text: 1. The Governing Board shall be composed of 15 members elected by

text: the Assembly in accordance with article 160, paragraph 2(c). In the election

text: of the members of the Board, due regard shall be paid to the principle of

text: equitable geographical distribution. In submitting nominations of candidates

text: for election to the Board, members of the Authority shall bear in mind the

text: need to nominate candidates of the highest standard of competence, with

text: qualifications in relevant fields, so as to ensure the viability and success of

text: the Enterprise.

text: 2. Members of the Board shall be elected for four years and may be

text: re-elected; and due regard shall be paid to the principle of rotation of

text: membership.

text: 3. Members of the Board shall continue in office until their successors

text: are elected. If the office of a member of the Board becomes vacant, the

text: Assembly shall, in accordance with article 160, paragraph 2(c), elect a new

text: member for the remainder of his predecessor's term.

text: 4. Members of the Board shall act in their personal capacity. In the

text: performance of their duties they shall not seek or receive instructions from

text: any government or from any other source. Each member of the Authority

text: shall respect the independent character of the members of the Board and shall

text: refrain from all attempts to influence any of them in the discharge of their

text: duties.

text: 5. Each member of the Board shall receive remuneration to be paid out

text: of the funds of the Enterprise. The amount of remuneration shall be fixed by

text: the Assembly, upon the recommendation of the Council.

text: 6. The Board shall normally function at the principal office of the

text: Enterprise and shall meet as often as the business of the Enterprise may

text: require.

text: 7. Two thirds of the members of the Board shall constitute a quorum.

text: 8. Each member of the Board shall have one vote. All matters before

text: the Board shall be decided by a majority of its members. If a member has a

text: conflict of interest on a matter before the Board he shall refrain from voting

text: on that matter.

text: 9. Any member of the Authority may ask the Board for information in

text: respect of its operations which particularly affect that member. The Board

text: shall endeavour to provide such information.

text: Article 5

text: Powers and functions of the Governing Board

text: The Governing Board shall direct the operations of the Enterprise.

text: Subject to this Convention, the Governing Board shall exercise the powers

text: necessary to fulfil the purposes of the Enterprise, including powers:

text: (a) to elect a Chairman from among its members;

text: (b) to adopt its rules of procedure;

text: (c) to draw up and submit formal written plans of work to the Council

text: in accordance with article 153, paragraph 3, and article 162,

text: paragraph 2(j);

text: (d) to develop plans of work and programmes for carrying out the

text: activities specified in article 170;

text: (e) to prepare and submit to the Council applications for production

text: authorizations in accordance with article 151, paragraphs 2 to 7;

text: (f) to authorize negotiations concerning the acquisition of technology,

text: including those provided for in Annex III, article 5,

text: paragraph 3(a), (c) and (d), and to approve the results of those

text: negotiations;

text: (g) to establish terms and conditions, and to authorize negotiations,

text: concerning joint ventures and other forms of joint arrangements

text: referred to in Annex III, articles 9 and 11, and to approve the results

text: of such negotiations;

text: (h) to recommend to the Assembly what portion of the net income of the

text: Enterprise should be retained as its reserves in accordance with

text: article 160, paragraph 2(f), and article 10 of this Annex;

text: (i) to approve the annual budget of the Enterprise;

text: (j) to authorize the procurement of goods and services in accordance

text: with article 12, paragraph 3, of this Annex;

text: (k) to submit an annual report to the Council in accordance with

text: article 9 of this Annex;

text: (l) to submit to the Council for the approval of the Assembly draft rules

text: in respect of the organization, management, appointment and

text: dismissal of the staff of the Enterprise and to adopt regulations to

text: give effect to such rules;

text: (m) to borrow funds and to furnish such collateral or other security as it

text: may determine in accordance with article 11, paragraph 2, of this

text: (n) to enter into any legal proceedings, agreements and transactions and

text: to take any other actions in accordance with article 13 of this Annex;

text: (o) to delegate, subject to the approval of the Council, any

text: non-discretionary powers to the Director-General and to its

text: committees.

text: Article 6

text: Director-General and staff of the Enterprise

text: 1. The Assembly shall, upon the recommendation of the Council and

text: the nomination of the Governing Board, elect the Director-General of the

text: Enterprise who shall not be a member of the Board. The Director-General

text: shall hold office for a fixed term, not exceeding five years, and may be

text: re-elected for further terms.

text: 2. The Director-General shall be the legal representative and chief

text: executive of the Enterprise and shall be directly responsible to the Board for

text: the conduct of the operations of the Enterprise. He shall be responsible for

text: the organization, management, appointment and dismissal of the staff of the

text: Enterprise in accordance with the rules and regulations referred to in article 6,

text: subparagraph (l), of this Annex. He shall participate, without the right to

text: vote, in the meetings of the Board and may participate, without the right to

text: vote, in the meetings of the Assembly and the Council when these organs are

text: dealing with matters concerning the Enterprise.

text: 3. The paramount consideration in the recruitment and employment of

text: necessity of securing the highest standards of efficiency and of technical

text: competence. Subject to this consideration, due regard shall be paid to the

text: importance of recruiting the staff on an equitable geographical basis.

text: 4. In the performance of their duties the Director-General and the staff

text: source external to the Enterprise. They shall refrain from any action which

text: might reflect on their position as international officials of the Enterprise

text: responsible only to the Enterprise. Each State Party undertakes to respect the

text: exclusively international character of the responsibilities of the

text: Director-General and the staff and not to seek to influence them in the

text: discharge of their responsibilities.

text: 5. The responsibilities set forth in article 168, paragraph 2, are equally

text: applicable to the staff of the Enterprise.

text: Article 7

text: Location

text: The Enterprise shall have its principal office at the seat of the Authority.

text: The Enterprise may establish other offices and facilities in the territory of any

text: State Party with the consent of that State Party.

text: Article 8

text: Reports and financial statements

text: 1. The Enterprise shall, not later than three months after the end of each

text: financial year, submit to the Council for its consideration an annual report

text: containing an audited statement of its accounts and shall transmit to the

text: Council at appropriate intervals a summary statement of its financial position

text: and a profit and loss statement showing the results of its operations.

text: 2. The Enterprise shall publish its annual report and such other reports

text: as it finds appropriate.

text: 3. All reports and financial statements referred to in this article shall be

text: distributed to the members of the Authority.

text: Article 9

text: Allocation of net income

text: 1. Subject to paragraph 3, the Enterprise shall make payments to the

text: Authority under Annex III, article 13, or their equivalent.

text: 2. The Assembly shall, upon the recommendation of the Governing

text: Board, determine what portion of the net income of the Enterprise shall be

text: retained as reserves of the Enterprise. The remainder shall be transferred to

text: the Authority.

text: 3. During an initial period required for the Enterprise to become

text: self-supporting, which shall not exceed 10 years from the commencement of

text: commercial production by it, the Assembly shall exempt the Enterprise from

text: the payments referred to in paragraph 1, and shall leave all of the net income

text: of the Enterprise in its reserves.

text: Article 10

text: Finances

text: The funds of the Enterprise shall include:

text: (a) amounts received from the Authority in accordance with

text: article 173, paragraph 2(b);

text: (b) voluntary contributions made by States Parties for the purpose

text: of financing activities of the Enterprise;

text: (c) amounts borrowed by the Enterprise in accordance with

text: paragraphs 2 and 3;

text: (d) income of the Enterprise from its operations;

text: (e) other funds made available to the Enterprise to enable it to

text: commence operations as soon as possible and to carry out its

text: functions.

text: (a) The Enterprise shall have the power to borrow funds and to

text: furnish such collateral or other security as it may determine.

text: Before making a public sale of its obligations in the financial

text: markets or currency of a State Party, the Enterprise shall obtain

text: the approval of that State Party. The total amount of

text: borrowings shall be approved by the Council upon the

text: recommendation of the Governing Board.

text: (b) States Parties shall make every reasonable effort to support

text: applications by the Enterprise for loans on capital markets and

text: from international financial institutions.

text: (a) The Enterprise shall be provided with the funds necessary to

text: explore and exploit one mine site, and to transport, process and

text: market the minerals recovered therefrom and the nickel, copper,

text: cobalt and manganese obtained, and to meet its initial

text: administrative expenses. The amount of the said funds, and the

text: criteria and factors for its adjustment, shall be included by the

text: Preparatory Commission in the draft rules, regulations and

text: procedures of the Authority.

text: (b) All States Parties shall make available to the Enterprise an

text: amount equivalent to one half of the funds referred to in

text: subparagraph (a) by way of long-term interest-free loans in

text: accordance with the scale of assessments for the United Nations

text: regular budget in force at the time when the assessments are

text: made, adjusted to take into account the States which are not

text: members of the United Nations. Debts incurred by the

text: Enterprise in raising the other half of the funds shall be

text: guaranteed by all States Parties in accordance with the same

text: scale.

text: (c) If the sum of the financial contributions of States Parties is less

text: than the funds to be provided to the Enterprise under

text: subparagraph (a), the Assembly shall, at its first session,

text: consider the extent of the shortfall and adopt by consensus

text: measures for dealing with this shortfall, taking into account the

text: obligation of States Parties under subparagraphs (a) and (b) and

text: any recommendations of the Preparatory Commission.

text: (d) (i) Each State Party shall, within 60 days after the entry into

text: force of this Convention, or within 30 days after the

text: deposit of its instrument of ratification or accession,

text: whichever is later, deposit with the Enterprise irrevocable,

text: non-negotiable, non-interest-bearing promissory notes in

text: the amount of the share of such State Party of interest-free

text: loans pursuant to subparagraph (b).

text: (ii) The Board shall prepare, at the earliest practicable date

text: after this Convention enters into force, and thereafter at

text: annual or other appropriate intervals, a schedule of the

text: magnitude and timing of its requirements for the funding

text: of its administrative expenses and for activities carried out

text: by the Enterprise in accordance with article 170 and

text: article 12 of this Annex.

text: (iii) The States Parties shall, thereupon, be notified by the

text: Enterprise, through the Authority, of their respective

text: shares of the funds in accordance with subparagraph (b),

text: required for such expenses. The Enterprise shall encash

text: such amounts of the promissory notes as may be required

text: to meet the expenditure referred to in the schedule with

text: respect to interest-free loans.

text: (iv) States Parties shall, upon receipt of the notification, make

text: available their respective shares of debt guarantees for the

text: Enterprise in accordance with subparagraph (b).

text: (e) (i) If the Enterprise so requests, State Parties may provide

text: debt guarantees in addition to those provided in

text: accordance with the scale referred to in subparagraph (b).

text: (ii) In lieu of debt guarantees, a State Party may make a

text: voluntary contribution to the Enterprise in an amount

text: equivalent to that portion of the debts which it would

text: otherwise be liable to guarantee.

text: (f) Repayment of the interest-bearing loans shall have priority over

text: the repayment of the interest-free loans. Repayment of

text: interest-free loans shall be in accordance with a schedule

text: adopted by the Assembly, upon the recommendation of the

text: Council and the advice of the Board. In the exercise of this

text: function the Board shall be guided by the relevant provisions of

text: the rules, regulations and procedures of the Authority, which

text: shall take into account the paramount importance of ensuring

text: the effective functioning of the Enterprise and, in particular,

text: ensuring its financial independence.

text: (g) Funds made available to the Enterprise shall be in freely usable

text: currencies or currencies which are freely available and

text: effectively usable in the major foreign exchange markets.

text: These currencies shall be defined in the rules, regulations and

text: procedures of the Authority in accordance with prevailing

text: international monetary practice. Except as provided in

text: paragraph 2, no State Party shall maintain or impose restrictions

text: on the holding, use or exchange by the Enterprise of these

text: funds.

text: (h) "Debt guarantee" means a promise of a State Party to creditors

text: of the Enterprise to pay, pro rata in accordance with the

text: appropriate scale, the financial obligations of the Enterprise

text: covered by the guarantee following notice by the creditors to

text: the State Party of a default by the Enterprise. Procedures for

text: the payment of those obligations shall be in conformity with the

text: rules, regulations and procedures of the Authority.

text: 4. The funds, assets and expenses of the Enterprise shall be kept

text: separate from those of the Authority. This article shall not prevent the

text: Enterprise from making arrangements with the Authority regarding facilities,

text: personnel and services and arrangements for reimbursement of administrative

text: expenses paid by either on behalf of the other.

text: 5. The records, books and accounts of the Enterprise, including its

text: annual financial statements, shall be audited annually by an independent

text: auditor appointed by the Council.

text: Article 11

text: Operations

text: 1. The Enterprise shall propose to the Council projects for carrying out

text: activities in accordance with article 170. Such proposals shall include a

text: formal written plan of work for activities in the Area in accordance with

text: article 153, paragraph 3, and all such other information and data as may be

text: required from time to time for its appraisal by the Legal and Technical

text: Commission and approval by the Council.

text: 2. Upon approval by the Council, the Enterprise shall execute the

text: project on the basis of the formal written plan of work referred to in

text: paragraph 1.

text: 3. (a) If the Enterprise does not possess the goods and services

text: required for its operations it may procure them. For that

text: purpose, it shall issue invitations to tender and award contracts

text: to bidders offering the best combination of quality, price and

text: delivery time.

text: (b) If there is more than one bid offering such a combination, the

text: contract shall be awarded in accordance with:

text: (i) the principle of non-discrimination on the basis of

text: political or other considerations not relevant to the

text: carrying out of operations with due diligence and

text: efficiency; and

text: (ii) guidelines approved by the Council with regard to the

text: preferences to be accorded to goods and services

text: originating in developing States, including the

text: land-locked and geographically disadvantaged among

text: them.

text: (c) The Governing Board may adopt rules determining the special

text: circumstances in which the requirement of invitations to bid

text: may, in the best interests of the Enterprise, be dispensed with.

text: 4. The Enterprise shall have title to all minerals and processed

text: substances produced by it.

text: 5. The Enterprise shall sell its products on a non-discriminatory basis.

text: It shall not give non-commercial discounts.

text: 6. Without prejudice to any general or special power conferred on the

text: Enterprise under any other provision of this Convention, the Enterprise shall

text: exercise such powers incidental to its business as shall be necessary.

text: 7. The Enterprise shall not interfere in the political affairs of any State

text: Party; nor shall it be influenced in its decisions by the political character of

text: the State Party concerned. Only commercial considerations shall be relevant

text: to its decisions, and these considerations shall be weighed impartially in order

text: to carry out the purposes specified in article 1 of this Annex.

text: Article 12

text: Legal status, privileges and immunities

text: 1. To enable the Enterprise to exercise its functions, the status,

text: privileges and immunities set forth in this article shall be accorded to the

text: Enterprise in the territories of States Parties. To give effect to this principle

text: the Enterprise and States Parties may, where necessary, enter into special

text: agreements.

text: 2. The Enterprise shall have such legal capacity as is necessary for the

text: exercise of its functions and the fulfilment of its purposes and, in particular,

text: the capacity:

text: (a) to enter into contracts, joint arrangements or other

text: arrangements, including agreements with States and

text: international organizations;

text: (b) to acquire, lease, hold and dispose of immovable and movable

text: property;

text: (c) to be a party to legal proceedings.

text: 3. (a) Actions may be brought against the Enterprise only in a court

text: of competent jurisdiction in the territory of a State Party in

text: which the Enterprise:

text: (i) has an office or facility;

text: (ii) has appointed an agent for the purpose of accepting

text: service or notice of process;

text: (iii) has entered into a contract for goods or services;

text: (iv) has issued securities; or

text: (v) is otherwise engaged in commercial activity.

text: (b) The property and assets of the Enterprise, wherever located and

text: by whomsoever held, shall be immune from all forms of

text: seizure, attachment or execution before the delivery of final

text: judgment against the Enterprise.

text: (a) The property and assets of the Enterprise, wherever located and

text: by whomsoever held, shall be immune from requisition,

text: confiscation, expropriation or any other form of seizure by

text: executive or legislative action.

text: by whomsoever held, shall be free from discriminatory

text: (c) The Enterprise and its employees shall respect local laws and

text: regulations in any State or territory in which the Enterprise or

text: its employees may do business or otherwise act.

text: (d) States Parties shall ensure that the Enterprise enjoys all rights,

text: privileges and immunities accorded by them to entities

text: conducting commercial activities in their territories. These

text: rights, privileges and immunities shall be accorded to the

text: Enterprise on no less favourable a basis than that on which they

text: are accorded to entities engaged in similar commercial

text: activities. If special privileges are provided by States Parties

text: for developing States or their commercial entities, the

text: Enterprise shall enjoy those privileges on a similarly

text: preferential basis.

text: (e) States Parties may provide special incentives, rights, privileges

text: and immunities to the Enterprise without the obligation to

text: provide such incentives, rights, privileges and immunities to

text: other commercial entities.

text: 5. The Enterprise shall negotiate with the host countries in which its

text: offices and facilities are located for exemption from direct and indirect

text: taxation.

text: 6. Each State Party shall take such action as is necessary for giving

text: effect in terms of its own law to the principles set forth in this Annex and

text: shall inform the Enterprise of the specific action which it has taken.

text: 7. The Enterprise may waive any of the privileges and immunities

text: conferred under this article or in the special agreements referred to in

text: paragraph 1 to such extent and upon such conditions as it may determine.

text: Article 13

text: SECTION 1. CONCILIATION PROCEDURE

text: PURSUANT TO SECTION 1 OF PART XV

text: ANNEX V. CONCILIATION

text: Institution of proceedings

text: If the parties to a dispute have agreed, in accordance with article 284, to

text: submit it to conciliation under this section, any such party may institute the

text: proceedings by written notification addressed to the other party or parties to

text: the dispute.

text: Article 1

text: List of conciliators

text: A list of conciliators shall be drawn up and maintained by the

text: Secretary-General of the United Nations. Every State Party shall be entitled

text: to nominate four conciliators, each of whom shall be a person enjoying the

text: highest reputation for fairness, competence and integrity. The names of the

text: persons so nominated shall constitute the list. If at any time the conciliators

text: nominated by a State Party in the list so constituted shall be fewer than four,

text: that State Party shall be entitled to make further nominations as necessary.

text: The name of a conciliator shall remain on the list until withdrawn by the State

text: Party which made the nomination, provided that such conciliator shall

text: continue to serve on any conciliation commission to which that conciliator

text: has been appointed until the completion of the proceedings before that

text: commission.

text: Article 2

text: Constitution of conciliation commission

text: The conciliation commission shall, unless the parties otherwise agree, be

text: constituted as follows:

text: (a) Subject to subparagraph (g), the conciliation commission shall

text: consist of five members.

text: (b) The party instituting the proceedings shall appoint two conciliators

text: to be chosen preferably from the list referred to in article 2 of this

text: otherwise agree. Such appointments shall be included in the

text: notification referred to in article 1 of this Annex.

text: (c) The other party to the dispute shall appoint two conciliators in the

text: manner set forth in subparagraph (b) within 21 days of receipt of the

text: notification referred to in article 1 of this Annex. If the

text: appointments are not made within that period, the party instituting

text: the proceedings may, within one week of the expiration of that

text: period, either terminate the proceedings by notification addressed to

text: the other party or request the Secretary-General of the United

text: Nations to make the appointments in accordance with

text: subparagraph (e).

text: (d) Within 30 days after all four conciliators have been appointed, they

text: shall appoint a fifth conciliator chosen from the list referred to in

text: article 2 of this Annex, who shall be chairman. If the appointment

text: is not made within that period, either party may, within one week of

text: the expiration of that period, request the Secretary-General of the

text: United Nations to make the appointment in accordance with

text: subparagraph (e).

text: (e) Within 30 days of the receipt of a request under subparagraph (c)

text: or (d), the Secretary-General of the United Nations shall make the

text: necessary appointments from the list referred to in article 2 of this

text: Annex in consultation with the parties to the dispute.

text: (f) Any vacancy shall be filled in the manner prescribed for the initial

text: appointment.

text: (g) Two or more parties which determine by agreement that they are in

text: the same interest shall appoint two conciliators jointly. Where two

text: or more parties have separate interests or there is a disagreement as

text: to whether they are of the same interest, they shall appoint

text: conciliators separately.

text: (h) In disputes involving more than two parties having separate

text: interests, or where there is disagreement as to whether they are of

text: the same interest, the parties shall apply subparagraphs (a) to (f) in

text: so far as possible.

text: Article 3

text: Procedure

text: The conciliation commission shall, unless the parties otherwise agree,

text: determine its own procedure. The commission may, with the consent of the

text: parties to the dispute, invite any State Party to submit to it its views orally or

text: in writing. Decisions of the commission regarding procedural matters, the

text: report and recommendations shall be made by a majority vote of its members.

text: Article 4

text: Amicable settlement

text: The commission may draw the attention of the parties to any measures

text: which might facilitate an amicable settlement of the dispute.

text: Article 5

text: Functions of the commission

text: The commission shall hear the parties, examine their claims and

text: objections, and make proposals to the parties with a view to reaching an

text: amicable settlement.

text: Article 6

text: Report

text: 1. The commission shall report within 12 months of its constitution.

text: Its report shall record any agreements reached and, failing agreement, its

text: conclusions on all questions of fact or law relevant to the matter in dispute

text: and such recommendations as the commission may deem appropriate for an

text: amicable settlement. The report shall be deposited with the Secretary-General

text: of the United Nations and shall immediately be transmitted by him to the

text: parties to the dispute.

text: 2. The report of the commission, including its conclusions or

text: recommendations, shall not be binding upon the parties.

text: Article 7

text: Termination

text: The conciliation proceedings are terminated when a settlement has been

text: reached, when the parties have accepted or one party has rejected the

text: recommendations of the report by written notification addressed to the

text: Secretary-General of the United Nations, or when a period of three months

text: has expired from the date of transmission of the report to the parties.

text: Article 8

text: Fees and expenses

text: The fees and expenses of the commission shall be borne by the parties

text: to the dispute.

text: Article 9

text: Right of parties to modify procedure

text: The parties to the dispute may by agreement applicable solely to that

text: dispute modify any provision of this Annex.

text: SECTION 2. COMPULSORY SUBMISSION

text: TO CONCILIATION PROCEDURE

text: PURSUANT TO SECTION 3 OF PART XV

text: Article 10

text: Institution of proceedings

text: 1. Any party to a dispute which, in accordance with Part XV, section 3,

text: may be submitted to conciliation under this section, may institute the

text: the dispute.

text: 2. Any party to the dispute, notified under paragraph 1, shall be obliged

text: to submit to such proceedings.

text: Article 11

text: Failure to reply or to submit to conciliation

text: The failure of a party or parties to the dispute to reply to notification of

text: institution of proceedings or to submit to such proceedings shall not

text: constitute a bar to the proceedings.

text: Article 12

text: Competence

text: A disagreement as to whether a conciliation commission acting under this

text: section has competence shall be decided by the commission.

text: Article 13

text: Application of section 1

text: Articles 2 to 10 of section l of this Annex apply subject to this section.

text: Article 14

text: TRIBUNAL

text: FOR THE LAW OF THE SEA

text: ANNEX VI. STATUTE OF THE INTERNATIONAL

text: General provisions

text: 1. The International Tribunal for the Law of the Sea is constituted and

text: shall function in accordance with the provisions of this Convention and this

text: Statute.

text: 2. The seat of the Tribunal shall be in the Free and Hanseatic City of

text: Hamburg in the Federal Republic of Germany.

text: 3. The Tribunal may sit and exercise its functions elsewhere whenever

text: it considers this desirable.

text: 4. A reference of a dispute to the Tribunal shall be governed by the

text: provisions of Parts XI and XV.

text: SECTION 1. ORGANIZATION OF THE TRIBUNAL

text: Article 1

text: Composition

text: 1. The Tribunal shall be composed of a body of 21 independent

text: members, elected from among persons enjoying the highest reputation for

text: fairness and integrity and of recognized competence in the field of the law of

text: the sea.

text: 2. In the Tribunal as a whole the representation of the principal legal

text: systems of the world and equitable geographical distribution shall be assured.

text: Article 2

text: Membership

text: 1. No two members of the Tribunal may be nationals of the same State.

text: A person who for the purposes of membership in the Tribunal could be

text: regarded as a national of more than one State shall be deemed to be a national

text: of the one in which he ordinarily exercises civil and political rights.

text: 2. There shall be no fewer than three members from each geographical

text: group as established by the General Assembly of the United Nations.

text: Article 3

text: Nominations and elections

text: 1. Each State Party may nominate not more than two persons having

text: the qualifications prescribed in article 2 of this Annex. The members of the

text: Tribunal shall be elected from the list of persons thus nominated.

text: 2. At least three months before the date of the election, the

text: Secretary-General of the United Nations in the case of the first election and

text: the Registrar of the Tribunal in the case of subsequent elections shall address

text: a written invitation to the States Parties to submit their nominations for

text: members of the Tribunal within two months. He shall prepare a list in

text: alphabetical order of all the persons thus nominated, with an indication of the

text: States Parties which have nominated them, and shall submit it to the States

text: Parties before the seventh day of the last month before the date of each

text: election.

text: 3. The first election shall be held within six months of the date of entry

text: into force of this Convention.

text: 4. The members of the Tribunal shall be elected by secret ballot.

text: Elections shall be held at a meeting of the States Parties convened by the

text: by a procedure agreed to by the States Parties in the case of subsequent

text: elections. Two thirds of the States Parties shall constitute a quorum at that

text: meeting. The persons elected to the Tribunal shall be those nominees who

text: obtain the largest number of votes and a two-thirds majority of the States

text: Parties present and voting, provided that such majority includes a majority of

text: the States Parties.

text: Article 4

text: Term of office

text: 1. The members of the Tribunal shall be elected for nine years and may

text: be re-elected; provided, however, that of the members elected at the first

text: election, the terms of seven members shall expire at the end of three years and

text: the terms of seven more members shall expire at the end of six years.

text: 2. The members of the Tribunal whose terms are to expire at the end

text: of the above-mentioned initial periods of three and six years shall be chosen

text: by lot to be drawn by the Secretary-General of the United Nations

text: immediately after the first election.

text: 3. The members of the Tribunal shall continue to discharge their duties

text: until their places have been filled. Though replaced, they shall finish any

text: proceedings which they may have begun before the date of their replacement.

text: 4. In the case of the resignation of a member of the Tribunal, the letter

text: of resignation shall be addressed to the President of the Tribunal. The place

text: becomes vacant on the receipt of that letter.

text: Article 5

text: Vacancies

text: 1. Vacancies shall be filled by the same method as that laid down for

text: the first election, subject to the following provision: the Registrar shall,

text: within one month of the occurrence of the vacancy, proceed to issue the

text: invitations provided for in article 4 of this Annex, and the date of the election

text: shall be fixed by the President of the Tribunal after consultation with the

text: States Parties.

text: 2. A member of the Tribunal elected to replace a member whose term

text: of office has not expired shall hold office for the remainder of his

text: predecessor's term.

text: Article 6

text: Incompatible activities

text: 1. No member of the Tribunal may exercise any political or

text: administrative function, or associate actively with or be financially interested

text: in any of the operations of any enterprise concerned with the exploration for

text: or exploitation of the resources of the sea or the seabed or other commercial

text: use of the sea or the seabed.

text: 2. No member of the Tribunal may act as agent, counsel or advocate in

text: any case.

text: 3. Any doubt on these points shall be resolved by decision of the

text: majority of the other members of the Tribunal present.

text: Article 7

text: Conditions relating to participation of members in a particular case

text: 1. No member of the Tribunal may participate in the decision of any

text: case in which he has previously taken part as agent, counsel or advocate for

text: one of the parties, or as a member of a national or international court or

text: tribunal, or in any other capacity.

text: 2. If, for some special reason, a member of the Tribunal considers that

text: he should not take part in the decision of a particular case, he shall so inform

text: the President of the Tribunal.

text: 3. If the President considers that for some special reason one of the

text: members of the Tribunal should not sit in a particular case, he shall give him

text: notice accordingly.

text: 4. Any doubt on these points shall be resolved by decision of the

text: Article 8

text: Consequence of ceasing to fulfil required conditions

text: If, in the unanimous opinion of the other members of the Tribunal, a

text: member has ceased to fulfil the required conditions, the President of the

text: Tribunal shall declare the seat vacant.

text: Article 9

text: Privileges and immunities

text: The members of the Tribunal, when engaged on the business of the

text: Tribunal, shall enjoy diplomatic privileges and immunities.

text: Article 10

text: Solemn declaration by members

text: Every member of the Tribunal shall, before taking up his duties, make a

text: solemn declaration in open session that he will exercise his powers

text: impartially and conscientiously.

text: Article 11

text: President, Vice-President and Registrar

text: 1. The Tribunal shall elect its President and Vice-President for three

text: years; they may be re-elected.

text: 2. The Tribunal shall appoint its Registrar and may provide for the

text: appointment of such other officers as may be necessary.

text: 3. The President and the Registrar shall reside at the seat of the

text: Tribunal.

text: Article 12

text: Quorum

text: 1. All available members of the Tribunal shall sit; a quorum of

text: 11 elected members shall be required to constitute the Tribunal.

text: 2. Subject to article 17 of this Annex, the Tribunal shall determine

text: which members are available to constitute the Tribunal for the consideration

text: of a particular dispute, having regard to the effective functioning of the

text: chambers as provided for in articles 14 and 15 of this Annex.

text: 3. All disputes and applications submitted to the Tribunal shall be

text: heard and determined by the Tribunal, unless article 14 of this Annex applies,

text: or the parties request that it shall be dealt with in accordance with article 15

text: of this Annex.

text: Article 13

text: Seabed Disputes Chamber

text: A Seabed Disputes Chamber shall be established in accordance with the

text: provisions of section 4 of this Annex. Its jurisdiction, powers and functions

text: shall be as provided for in Part XI, section 5.

text: Article 14

text: Special chambers

text: 1. The Tribunal may form such chambers, composed of three or more

text: of its elected members, as it considers necessary for dealing with particular

text: categories of disputes.

text: 2. The Tribunal shall form a chamber for dealing with a particular

text: dispute submitted to it if the parties so request. The composition of such a

text: chamber shall be determined by the Tribunal with the approval of the parties.

text: 3. With a view to the speedy dispatch of business, the Tribunal shall

text: form annually a chamber composed of five of its elected members which may

text: hear and determine disputes by summary procedure. Two alternative

text: members shall be selected for the purpose of replacing members who are

text: unable to participate in a particular proceeding.

text: 4. Disputes shall be heard and determined by the chambers provided

text: for in this article if the parties so request.

text: 5. A judgment given by any of the chambers provided for in this article

text: and in article 14 of this Annex shall be considered as rendered by the

text: Tribunal.

text: Article 15

text: Rules of the Tribunal

text: The Tribunal shall frame rules for carrying out its functions.

text: particular it shall lay down rules of procedure.

text: In

text: Article 16

text: Nationality of members

text: 1. Members of the Tribunal of the nationality of any of the parties to

text: a dispute shall retain their right to participate as members of the Tribunal.

text: 2. If the Tribunal, when hearing a dispute, includes upon the bench a

text: member of the nationality of one of the parties, any other party may choose

text: a person to participate as a member of the Tribunal.

text: 3. If the Tribunal, when hearing a dispute, does not include upon the

text: bench a member of the nationality of the parties, each of those parties may

text: choose a person to participate as a member of the Tribunal.

text: 4. This article applies to the chambers referred to in articles 14 and 15

text: of this Annex. In such cases, the President, in consultation with the parties,

text: shall request specified members of the Tribunal forming the chamber, as

text: many as necessary, to give place to the members of the Tribunal of the

text: nationality of the parties concerned, and, failing such, or if they are unable to

text: be present, to the members specially chosen by the parties.

text: 5. Should there be several parties in the same interest, they shall, for

text: the purpose of the preceding provisions, be considered as one party only.

text: Any doubt on this point shall be settled by the decision of the Tribunal.

text: 6. Members chosen in accordance with paragraphs 2, 3 and 4 shall

text: fulfil the conditions required by articles 2, 8 and 11 of this Annex. They shall

text: participate in the decision on terms of complete equality with their colleagues.

text: Article 17

text: Remuneration of members

text: 1. Each elected member of the Tribunal shall receive an annual

text: allowance and, for each day on which he exercises his functions, a special

text: allowance, provided that in any year the total sum payable to any member as

text: special allowance shall not exceed the amount of the annual allowance.

text: 2. The President shall receive a special annual allowance.

text: 3. The Vice-President shall receive a special allowance for each day on

text: which he acts as President.

text: 4. The members chosen under article 17 of this Annex, other than

text: elected members of the Tribunal, shall receive compensation for each day on

text: which they exercise their functions.

text: 5. The salaries, allowances and compensation shall be determined from

text: time to time at meetings of the States Parties, taking into account the

text: workload of the Tribunal. They may not be decreased during the term of

text: office.

text: 6. The salary of the Registrar shall be determined at meetings of the

text: States Parties, on the proposal of the Tribunal.

text: 7. Regulations adopted at meetings of the States Parties shall determine

text: the conditions under which retirement pensions may be given to members of

text: the Tribunal and to the Registrar, and the conditions under which members

text: of the Tribunal and Registrar shall have their travelling expenses refunded.

text: 8. The salaries, allowances, and compensation shall be free of all

text: taxation.

text: Article 18

text: Expenses of the Tribunal

text: 1. The expenses of the Tribunal shall be borne by the States Parties and

text: by the Authority on such terms and in such a manner as shall be decided at

text: meetings of the States Parties.

text: 2. When an entity other than a State Party or the Authority is a party to

text: a case submitted to it, the Tribunal shall fix the amount which that party is to

text: contribute towards the expenses of the Tribunal.

text: SECTION 2. COMPETENCE

text: Article 19

text: Access to the Tribunal

text: 1. The Tribunal shall be open to States Parties.

text: 2. The Tribunal shall be open to entities other than States Parties in any

text: case expressly provided for in Part XI or in any case submitted pursuant to

text: any other agreement conferring jurisdiction on the Tribunal which is accepted

text: by all the parties to that case.

text: Article 20

text: Jurisdiction

text: The jurisdiction of the Tribunal comprises all disputes and all

text: applications submitted to it in accordance with this Convention and all

text: matters specifically provided for in any other agreement which confers

text: jurisdiction on the Tribunal.

text: Article 21

text: Reference of disputes subject to other agreements

text: If all the parties to a treaty or convention already in force and concerning

text: the subject-matter covered by this Convention so agree, any disputes

text: concerning the interpretation or application of such treaty or convention may,

text: in accordance with such agreement, be submitted to the Tribunal.

text: Article 22

text: Applicable law

text: The Tribunal shall decide all disputes and applications in accordance

text: with article 293.

text: SECTION 3. PROCEDURE

text: Article 23

text: Institution of proceedings

text: 1. Disputes are submitted to the Tribunal, as the case may be, either by

text: notification of a special agreement or by written application, addressed to the

text: Registrar. In either case, the subject of the dispute and the parties shall be

text: indicated.

text: 2. The Registrar shall forthwith notify the special agreement or the

text: application to all concerned.

text: 3. The Registrar shall also notify all States Parties.

text: Article 24

text: Provisional measures

text: 1. In accordance with article 290, the Tribunal and its Seabed Disputes

text: Chamber shall have the power to prescribe provisional measures.

text: 2. If the Tribunal is not in session or a sufficient number of members

text: is not available to constitute a quorum, the provisional measures shall be

text: prescribed by the chamber of summary procedure formed under article 15,

text: paragraph 3, of this Annex. Notwithstanding article 15, paragraph 4, of this

text: to the dispute. They shall be subject to review and revision by the Tribunal.

text: Article 25

text: Hearing

text: 1. The hearing shall be under the control of the President or, if he is

text: unable to preside, of the Vice-President. If neither is able to preside, the

text: senior judge present of the Tribunal shall preside.

text: 2. The hearing shall be public, unless the Tribunal decides otherwise

text: or unless the parties demand that the public be not admitted.

text: Article 26

text: Conduct of case

text: The Tribunal shall make orders for the conduct of the case, decide the

text: form and time in which each party must conclude its arguments, and make all

text: arrangements connected with the taking of evidence.

text: Article 27

text: Default

text: When one of the parties does not appear before the Tribunal or fails to

text: defend its case, the other party may request the Tribunal to continue the

text: proceedings and make its decision. Absence of a party or failure of a party

text: to defend its case shall not constitute a bar to the proceedings. Before making

text: its decision, the Tribunal must satisfy itself not only that it has jurisdiction

text: over the dispute, but also that the claim is well founded in fact and law.

text: Article 28

text: Majority for decision

text: 1. All questions shall be decided by a majority of the members of the

text: Tribunal who are present.

text: 2. In the event of an equality of votes, the President or the member of

text: the Tribunal who acts in his place shall have a casting vote.

text: Article 29

text: Judgment

text: 1. The judgment shall state the reasons on which it is based.

text: 2. It shall contain the names of the members of the Tribunal who have

text: taken part in the decision.

text: 3. If the judgment does not represent in whole or in part the unanimous

text: opinion of the members of the Tribunal, any member shall be entitled to

text: deliver a separate opinion.

text: 4. The judgment shall be signed by the President and by the Registrar.

text: It shall be read in open court, due notice having been given to the parties to

text: the dispute.

text: Article 30

text: Request to intervene

text: 1. Should a State Party consider that it has an interest of a legal nature

text: which may be affected by the decision in any dispute, it may submit a request

text: to the Tribunal to be permitted to intervene.

text: 2. It shall be for the Tribunal to decide upon this request.

text: 3. If a request to intervene is granted, the decision of the Tribunal in

text: respect of the dispute shall be binding upon the intervening State Party in so

text: far as it relates to matters in respect of which that State Party intervened.

text: Article 3l

text: Right to intervene in cases of interpretation or application

text: 1. Whenever the interpretation or application of this Convention is in

text: question, the Registrar shall notify all States Parties forthwith.

text: 2. Whenever pursuant to article 21 or 22 of this Annex the

text: interpretation or application of an international agreement is in question, the

text: Registrar shall notify all the parties to the agreement.

text: 3. Every party referred to in paragraphs 1 and 2 has the right to

text: intervene in the proceedings; if it uses this right, the interpretation given by

text: the judgment will be equally binding upon it.

text: Article 32

text: Finality and binding force of decisions

text: 1. The decision of the Tribunal is final and shall be complied with by

text: all the parties to the dispute.

text: 2. The decision shall have no binding force except between the parties

text: in respect of that particular dispute.

text: 3. In the event of dispute as to the meaning or scope of the decision, the

text: Tribunal shall construe it upon the request of any party.

text: Article 33

text: Costs

text: Unless otherwise decided by the Tribunal, each party shall bear its own

text: costs.

text: SECTION 4. SEABED DISPUTES CHAMBER

text: Article 34

text: Composition

text: 1. The Seabed Disputes Chamber referred to in article 14 of this Annex

text: shall be composed of 11 members, selected by a majority of the elected

text: members of the Tribunal from among them.

text: 2. In the selection of the members of the Chamber, the representation

text: of the principal legal systems of the world and equitable geographical

text: distribution shall be assured. The Assembly of the Authority may adopt

text: recommendations of a general nature relating to such representation and

text: distribution.

text: 3. The members of the Chamber shall be selected every three years and

text: may be selected for a second term.

text: 4. The Chamber shall elect its President from among its members, who

text: shall serve for the term for which the Chamber has been selected.

text: 5. If any proceedings are still pending at the end of any three-year

text: period for which the Chamber has been selected, the Chamber shall complete

text: the proceedings in its original composition.

text: 6. If a vacancy occurs in the Chamber, the Tribunal shall select a

text: successor from among its elected members, who shall hold office for the

text: remainder of his predecessor's term.

text: 7. A quorum of seven of the members selected by the Tribunal shall be

text: required to constitute the Chamber.

text: Article 35

text: Ad hoc chambers

text: 1. The Seabed Disputes Chamber shall form an ad hoc chamber,

text: composed of three of its members, for dealing with a particular dispute

text: submitted to it in accordance with article 188, paragraph 1(b). The

text: composition of such a chamber shall be determined by the Seabed Disputes

text: Chamber with the approval of the parties.

text: 2. If the parties do not agree on the composition of an ad hoc chamber,

text: each party to the dispute shall appoint one member, and the third member

text: shall be appointed by them in agreement. If they disagree, or if any party fails

text: to make an appointment, the President of the Seabed Disputes Chamber shall

text: promptly make the appointment or appointments from among its members,

text: after consultation with the parties.

text: 3. Members of the ad hoc chamber must not be in the service of, or

text: nationals of, any of the parties to the dispute.

text: Article 36

text: Access

text: The Chamber shall be open to the States Parties, the Authority and the

text: other entities referred to in Part XI, section 5.

text: Article 37

text: Applicable law

text: In addition to the provisions of article 293, the Chamber shall apply:

text: (a) the rules, regulations and procedures of the Authority adopted in

text: accordance with this Convention; and

text: (b) the terms of contracts concerning activities in the Area in matters

text: relating to those contracts.

text: Article 38

text: Enforcement of decisions of the Chamber

text: The decisions of the Chamber shall be enforceable in the territories of the

text: States Parties in the same manner as judgments or orders of the highest court

text: of the State Party in whose territory the enforcement is sought.

text: Article 39

text: Applicability of other sections of this Annex

text: 1. The other sections of this Annex which are not incompatible with

text: this section apply to the Chamber.

text: 2. In the exercise of its functions relating to advisory opinions, the

text: Chamber shall be guided by the provisions of this Annex relating to

text: procedure before the Tribunal to the extent to which it recognizes them to be

text: applicable.

text: SECTION 5. AMENDMENTS

text: Article 40

text: Amendments

text: 1. Amendments to this Annex, other than amendments to section 4,

text: may be adopted only in accordance with article 313 or by consensus at a

text: conference convened in accordance with this Convention.

text: 2. Amendments to section 4 may be adopted only in accordance with

text: article 314.

text: 3. The Tribunal may propose such amendments to this Statute as it may

text: consider necessary, by written communications to the States Parties for their

text: consideration in conformity with paragraphs 1 and 2.

text: Article 4l

text: ANNEX VII. ARBITRATION

text: Institution of proceedings

text: Subject to the provisions of Part XV, any party to a dispute may submit

text: the dispute to the arbitral procedure provided for in this Annex by written

text: notification addressed to the other party or parties to the dispute. The

text: notification shall be accompanied by a statement of the claim and the grounds

text: on which it is based.

text: Article 1

text: List of arbitrators

text: l. A list of arbitrators shall be drawn up and maintained by the

text: to nominate four arbitrators, each of whom shall be a person experienced in

text: maritime affairs and enjoying the highest reputation for fairness, competence

text: and integrity. The names of the persons so nominated shall constitute the list.

text: 2. If at any time the arbitrators nominated by a State Party in the list so

text: constituted shall be fewer than four, that State Party shall be entitled to make

text: further nominations as necessary.

text: 3. The name of an arbitrator shall remain on the list until withdrawn by

text: the State Party which made the nomination, provided that such arbitrator shall

text: continue to serve on any arbitral tribunal to which that arbitrator has been

text: appointed until the completion of the proceedings before that arbitral tribunal.

text: Article 2

text: Constitution of arbitral tribunal

text: For the purpose of proceedings under this Annex, the arbitral tribunal

text: shall, unless the parties otherwise agree, be constituted as follows:

text: (a) Subject to subparagraph (g), the arbitral tribunal shall consist of five

text: members.

text: (b) The party instituting the proceedings shall appoint one member to be

text: chosen preferably from the list referred to in article 2 of this Annex,

text: who may be its national. The appointment shall be included in the

text: notification referred to in article l of this Annex.

text: (c) The other party to the dispute shall, within 30 days of receipt of the

text: notification referred to in article l of this Annex, appoint one

text: member to be chosen preferably from the list, who may be its

text: national. If the appointment is not made within that period, the party

text: instituting the proceedings may, within two weeks of the expiration

text: of that period, request that the appointment be made in accordance

text: with subparagraph (e).

text: (d) The other three members shall be appointed by agreement between

text: the parties. They shall be chosen preferably from the list and shall

text: be nationals of third States unless the parties otherwise agree. The

text: parties to the dispute shall appoint the President of the arbitral

text: tribunal from among those three members. If, within 60 days of

text: receipt of the notification referred to in article l of this Annex, the

text: parties are unable to reach agreement on the appointment of one or

text: more of the members of the tribunal to be appointed by agreement,

text: or on the appointment of the President, the remaining appointment

text: or appointments shall be made in accordance with subparagraph (e),

text: at the request of a party to the dispute. Such request shall be made

text: within two weeks of the expiration of the aforementioned 60-day

text: period.

text: (e) Unless the parties agree that any appointment under

text: subparagraphs (c) and (d) be made by a person or a third State

text: chosen by the parties, the President of the International Tribunal for

text: the Law of the Sea shall make the necessary appointments. If the

text: President is unable to act under this subparagraph or is a national of

text: one of the parties to the dispute, the appointment shall be made by

text: the next senior member of the International Tribunal for the Law of

text: the Sea who is available and is not a national of one of the parties.

text: The appointments referred to in this subparagraph shall be made

text: from the list referred to in article 2 of this Annex within a period of

text: 30 days of the receipt of the request and in consultation with the

text: parties. The members so appointed shall be of different nationalities

text: and may not be in the service of, ordinarily resident in the territory

text: of, or nationals of, any of the parties to the dispute.

text: appointment.

text: (g) Parties in the same interest shall appoint one member of the tribunal

text: jointly by agreement. Where there are several parties having

text: separate interests or where there is disagreement as to whether they

text: are of the same interest, each of them shall appoint one member of

text: the tribunal. The number of members of the tribunal appointed

text: separately by the parties shall always be smaller by one than the

text: number of members of the tribunal to be appointed jointly by the

text: parties.

text: (h) In disputes involving more than two parties, the provisions of

text: subparagraphs (a) to (f) shall apply to the maximum extent possible.

text: Article 3

text: Functions of arbitral tribunal

text: An arbitral tribunal constituted under article 3 of this Annex shall

text: function in accordance with this Annex and the other provisions of this

text: Convention.

text: Article 4

text: Procedure

text: Unless the parties to the dispute otherwise agree, the arbitral tribunal

text: shall determine its own procedure, assuring to each party a full opportunity

text: to be heard and to present its case.

text: Article 5

text: Duties of parties to a dispute

text: The parties to the dispute shall facilitate the work of the arbitral tribunal

text: and, in particular, in accordance with their law and using all means at their

text: disposal, shall:

text: (a) provide it with all relevant documents, facilities and information;

text: and

text: (b) enable it when necessary to call witnesses or experts and receive

text: their evidence and to visit the localities to which the case relates.

text: Article 6

text: Expenses

text: Unless the arbitral tribunal decides otherwise because of the particular

text: circumstances of the case, the expenses of the tribunal, including the

text: remuneration of its members, shall be borne by the parties to the dispute in

text: equal shares.

text: Article 7

text: Required majority for decisions

text: Decisions of the arbitral tribunal shall be taken by a majority vote of its

text: members. The absence or abstention of less than half of the members shall

text: not constitute a bar to the tribunal reaching a decision. In the event of an

text: equality of votes, the President shall have a casting vote.

text: Article 8

text: Default of appearance

text: If one of the parties to the dispute does not appear before the arbitral

text: tribunal or fails to defend its case, the other party may request the tribunal to

text: continue the proceedings and to make its award. Absence of a party or failure

text: of a party to defend its case shall not constitute a bar to the proceedings.

text: Before making its award, the arbitral tribunal must satisfy itself not only that

text: it has jurisdiction over the dispute but also that the claim is well founded in

text: fact and law.

text: Article 9

text: Award

text: The award of the arbitral tribunal shall be confined to the subject-matter

text: of the dispute and state the reasons on which it is based. It shall contain the

text: names of the members who have participated and the date of the award. Any

text: member of the tribunal may attach a separate or dissenting opinion to the

text: award.

text: Article 10

text: Finality of award

text: The award shall be final and without appeal, unless the parties to the

text: dispute have agreed in advance to an appellate procedure. It shall be

text: complied with by the parties to the dispute.

text: Article 11

text: Interpretation or implementation of award

text: 1. Any controversy which may arise between the parties to the dispute

text: as regards the interpretation or manner of implementation of the award may

text: be submitted by either party for decision to the arbitral tribunal which made

text: the award. For this purpose, any vacancy in the tribunal shall be filled in the

text: manner provided for in the original appointments of the members of the

text: tribunal.

text: 2. Any such controversy may be submitted to another court or tribunal

text: under article 287 by agreement of all the parties to the dispute.

text: Article 12

text: Application to entities other than States Parties

text: The provisions of this Annex shall apply mutatis mutandis to any dispute

text: involving entities other than States Parties.

text: Article 13

text: ANNEX VIII. SPECIAL ARBITRATION

text: Institution of proceedings

text: Subject to Part XV, any party to a dispute concerning the interpretation

text: or application of the articles of this Convention relating to (1) fisheries,

text: (2) protection and preservation of the marine environment, (3) marine

text: scientific research, or (4) navigation, including pollution from vessels and by

text: dumping, may submit the dispute to the special arbitral procedure provided

text: for in this Annex by written notification addressed to the other party or

text: parties to the dispute. The notification shall be accompanied by a statement

text: of the claim and the grounds on which it is based.

text: Article 1

text: Lists of experts

text: 1. A list of experts shall be established and maintained in respect of

text: each of the fields of (1) fisheries, (2) protection and preservation of the

text: marine environment, (3) marine scientific research, and (4) navigation,

text: including pollution from vessels and by dumping.

text: 2. The lists of experts shall be drawn up and maintained, in the field of

text: fisheries by the Food and Agriculture Organization of the United Nations, in

text: the field of protection and preservation of the marine environment by the

text: United Nations Environment Programme, in the field of marine scientific

text: research by the Intergovernmental Oceanographic Commission, in the field

text: of navigation, including pollution from vessels and by dumping, by the

text: International Maritime Organization, or in each case by the appropriate

text: subsidiary body concerned to which such organization, programme or

text: commission has delegated this function.

text: 3. Every State Party shall be entitled to nominate two experts in each

text: field whose competence in the legal, scientific or technical aspects of such

text: field is established and generally recognized and who enjoy the highest

text: reputation for fairness and integrity. The names of the persons so nominated

text: in each field shall constitute the appropriate list.

text: 4. If at any time the experts nominated by a State Party in the list so

text: constituted shall be fewer than two, that State Party shall be entitled to make

text: further nominations as necessary.

text: 5. The name of an expert shall remain on the list until withdrawn by the

text: State Party which made the nomination, provided that such expert shall

text: continue to serve on any special arbitral tribunal to which that expert has been

text: appointed until the completion of the proceedings before that special arbitral

text: tribunal.

text: Article 2

text: Constitution of special arbitral tribunal

text: For the purpose of proceedings under this Annex, the special arbitral

text: tribunal shall, unless the parties otherwise agree, be constituted as follows:

text: (a) Subject to subparagraph (g), the special arbitral tribunal shall consist

text: of five members.

text: (b) The party instituting the proceedings shall appoint two members to

text: be chosen preferably from the appropriate list or lists referred to in

text: article 2 of this Annex relating to the matters in dispute, one of

text: whom may be its national. The appointments shall be included in

text: the notification referred to in article 1 of this Annex.

text: notification referred to in article 1 of this Annex, appoint two

text: members to be chosen preferably from the appropriate list or lists

text: relating to the matters in dispute, one of whom may be its national.

text: If the appointments are not made within that period, the party

text: of that period, request that the appointments be made in accordance

text: with subparagraph (e).

text: (d) The parties to the dispute shall by agreement appoint the President

text: of the special arbitral tribunal, chosen preferably from the

text: appropriate list, who shall be a national of a third State, unless the

text: parties otherwise agree. If, within 30 days of receipt of the

text: notification referred to in article l of this Annex, the parties are

text: unable to reach agreement on the appointment of the President, the

text: appointment shall be made in accordance with subparagraph (e), at

text: the request of a party to the dispute. Such request shall be made

text: within two weeks of the expiration of the aforementioned 30-day

text: period.

text: (e) Unless the parties agree that the appointment be made by a person

text: or a third State chosen by the parties, the Secretary-General of the

text: United Nations shall make the necessary appointments within

text: 30 days of receipt of a request under subparagraphs (c) and (d). The

text: appointments referred to in this subparagraph shall be made from

text: the appropriate list or lists of experts referred to in article 2 of this

text: appropriate international organization. The members so appointed

text: shall be of different nationalities and may not be in the service of,

text: ordinarily resident in the territory of, or nationals of, any of the

text: parties to the dispute.

text: appointment.

text: (g) Parties in the same interest shall appoint two members of the

text: tribunal jointly by agreement. Where there are several parties

text: having separate interests or where there is disagreement as to

text: whether they are of the same interest, each of them shall appoint one

text: member of the tribunal.

text: Article 3

text: General provisions

text: arbitration proceedings in accordance with this Annex.

text: Article 4

text: Fact finding

text: 1. The parties to a dispute concerning the interpretation or application

text: of the provisions of this Convention relating to (l) fisheries, (2) protection and

text: preservation of the marine environment, (3) marine scientific research, or

text: (4) navigation, including pollution from vessels and by dumping, may at any

text: time agree to request a special arbitral tribunal constituted in accordance with

text: article 3 of this Annex to carry out an inquiry and establish the facts giving

text: rise to the dispute.

text: 2. Unless the parties otherwise agree, the findings of fact of the special

text: arbitral tribunal acting in accordance with paragraph 1, shall be considered

text: as conclusive as between the parties.

text: 3. If all the parties to the dispute so request, the special arbitral tribunal

text: may formulate recommendations which, without having the force of a

text: decision, shall only constitute the basis for a review by the parties of the

text: questions giving rise to the dispute.

text: 4. Subject to paragraph 2, the special arbitral tribunal shall act in

text: accordance with the provisions of this Annex, unless the parties otherwise

text: agree.

text: Article 5

text: INTERNATIONAL ORGANIZATIONS

text: ANNEX IX. PARTICIPATION BY

text: Use of terms

text: For the purposes of article 305 and of this Annex, "international

text: organization" means an intergovernmental organization constituted by States

text: to which its member States have transferred competence over matters

text: governed by this Convention, including the competence to enter into treaties

text: in respect of those matters.

text: Article 1

text: Signature

text: An international organization may sign this Convention if a majority of

text: its member States are signatories of this Convention. At the time of signature

text: an international organization shall make a declaration specifying the matters

text: governed by this Convention in respect of which competence has been

text: transferred to that organization by its member States which are signatories,

text: and the nature and extent of that competence.

text: Article 2

text: Formal confirmation and accession

text: 1. An international organization may deposit its instrument of formal

text: confirmation or of accession if a majority of its member States deposit or

text: have deposited their instruments of ratification or accession.

text: 2. The instruments deposited by the international organization shall

text: contain the undertakings and declarations required by articles 4 and 5 of this

text: Annex.

text: Article 3

text: Extent of participation and rights and obligations

text: l. The instrument of formal confirmation or of accession of an

text: international organization shall contain an undertaking to accept the rights

text: and obligations of States under this Convention in respect of matters relating

text: to which competence has been transferred to it by its member States which

text: are Parties to this Convention.

text: 2. An international organization shall be a Party to this Convention to

text: the extent that it has competence in accordance with the declarations,

text: communications of information or notifications referred to in article 5 of this

text: Annex.

text: 3. Such an international organization shall exercise the rights and

text: perform the obligations which its member States which are Parties would

text: otherwise have under this Convention, on matters relating to which

text: competence has been transferred to it by those member States. The member

text: States of that international organization shall not exercise competence which

text: they have transferred to it.

text: 4. Participation of such an international organization shall in no case

text: entail an increase of the representation to which its member States which are

text: States Parties would otherwise be entitled, including rights in

text: decision-making.

text: 5. Participation of such an international organization shall in no case

text: confer any rights under this Convention on member States of the organization

text: which are not States Parties to this Convention.

text: 6. In the event of a conflict between the obligations of an international

text: organization under this Convention and its obligations under the agreement

text: establishing the organization or any acts relating to it, the obligations under

text: this Convention shall prevail.

text: Article 4

text: Declarations, notifications and communications

text: international organization shall contain a declaration specifying the matters

text: transferred to the organization by its member States which are Parties to this

text: Convention.

text: 2. A member State of an international organization shall, at the time it

text: ratifies or accedes to this Convention or at the time when the organization

text: deposits its instrument of formal confirmation or of accession, whichever is

text: later, make a declaration specifying the matters governed by this Convention

text: in respect of which it has transferred competence to the organization.

text: 3. States Parties which are member States of an international

text: organization which is a Party to this Convention shall be presumed to have

text: competence over all matters governed by this Convention in respect of which

text: transfers of competence to the organization have not been specifically

text: declared, notified or communicated by those States under this article.

text: 4. The international organization and its member States which are

text: States Parties shall promptly notify the depositary of this Convention of any

text: changes to the distribution of competence, including new transfers of

text: competence, specified in the declarations under paragraphs 1 and 2.

text: 5. Any State Party may request an international organization and its

text: member States which are States Parties to provide information as to which,

text: as between the organization and its member States, has competence in respect

text: of any specific question which has arisen. The organization and the member

text: States concerned shall provide this information within a reasonable time. The

text: international organization and the member States may also, on their own

text: initiative, provide this information.

text: 6. Declarations, notifications and communications of information under

text: this article shall specify the nature and extent of the competence transferred.

text: Article 5

text: Responsibility and liability

text: l. Parties which have competence under article 5 of this Annex shall

text: have responsibility for failure to comply with obligations or for any other

text: violation of this Convention.

text: 2. Any State Party may request an international organization or its

text: member States which are States Parties for information as to who has

text: responsibility in respect of any specific matter. The organization and the

text: member States concerned shall provide this information. Failure to provide

text: this information within a reasonable time or the provision of contradictory

text: information shall result in joint and several liability.

text: Article 6

text: Settlement of disputes

text: l. At the time of deposit of its instrument of formal confirmation or of

text: accession, or at any time thereafter, an international organization shall be free

text: to choose, by means of a written declaration, one or more of the means for the

text: settlement of disputes concerning the interpretation or application of this

text: Convention, referred to in article 287, paragraph 1(a), (c) or (d).

text: 2. Part XV applies mutatis mutandis to any dispute between Parties to

text: this Convention, one or more of which are international organizations.

text: 3. When an international organization and one or more of its member

text: States are joint parties to a dispute, or parties in the same interest, the

text: organization shall be deemed to have accepted the same procedures for the

text: settlement of disputes as the member States; when, however, a member State

text: has chosen only the International Court of Justice under article 287, the

text: organization and the member State concerned shall be deemed to have

text: accepted arbitration in accordance with Annex VII, unless the parties to the

text: dispute otherwise agree.

text: Article 7

text: Applicability of Part XVII

text: except in respect of the following:

text: (a) the instrument of formal confirmation or of accession of an

text: international organization shall not be taken into account in the

text: application of article 308, paragraph l;

text: (b) (i) an international organization shall have exclusive capacity with

text: respect to the application of articles 312 to 315, to the extent

text: that it has competence under article 5 of this Annex over the

text: entire subject-matter of the amendment;

text: (ii) the instrument of formal confirmation or of accession of an

text: international organization to an amendment, the entire

text: subject-matter over which the international organization has

text: competence under article 5 of this Annex, shall be considered

text: to be the instrument of ratification or accession of each of the

text: member States which are States Parties, for the purposes of

text: applying article 316, paragraphs 1, 2 and 3;

text: (iii) the instrument of formal confirmation or of accession of the

text: application of article 316, paragraphs 1 and 2, with regard to all

text: other amendments;

text: (c) (i) an international organization may not denounce this Convention

text: in accordance with article 317 if any of its member States is a

text: State Party and if it continues to fulfil the qualifications

text: specified in article 1 of this Annex;

text: (ii) an international organization shall denounce this Convention

text: when none of its member States is a State Party or if the

text: international organization no longer fulfils the qualifications

text: specified in article 1 of this Annex. Such denunciation shall

text: take effect immediately.

text: Final Act of the Third United Nations Conference on

text: the Law of the Sea (excerpts)

text: Page

text: Article 8