FN:s havsrättskonvention (UNCLOS)

Preamble

25

PREAMBLE

The States Parties to this Convention,

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

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

significance of this Convention as an important contribution to the

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

Noting that developments since the United Nations Conferences on the

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

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

Conscious that the problems of ocean space are closely interrelated and

need to be considered as a whole,

Recognizing the desirability of establishing through this Convention,

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

oceans which will facilitate international communication, and will promote

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

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

protection and preservation of the marine environment,

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

the realization of a just and equitable international economic order which

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

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

coastal or land-locked,

Desiring by this Convention to develop the principles embodied in

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

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

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

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

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

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

Believing that the codification and progressive development of the law

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

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

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

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

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

Charter,

Affirming that matters not regulated by this Convention continue to be

governed by the rules and principles of general international law,

Have agreed as follows:

26

INTRODUCTION

Article 1

Use of terms and scope

1.

For the purposes of this Convention:

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

beyond the limits of national jurisdiction;

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

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

and exploitation of, the resources of the Area;

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

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

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

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

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

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

reduction of amenities;

(5) (a) "dumping" means:

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

vessels, aircraft, platforms or other man-made

structures at sea;

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

or other man-made structures at sea;

(b) "dumping" does not include:

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

derived from the normal operations of vessels,

aircraft, platforms or other man-made structures at

sea and their equipment, other than wastes or other

matter transported by or to vessels, aircraft, platforms

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

purpose of disposal of such matter or derived from

the treatment of such wastes or other matter on such

vessels, aircraft, platforms or structures;

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

disposal thereof, provided that such placement is not

contrary to the aims of this Convention.

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

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

(2) This Convention applies mutatis mutandis to the entities

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

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

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

27

TERRITORIAL SEA AND CONTIGUOUS ZONE

SECTION 1. GENERAL PROVISIONS

Article 2

Legal status of the territorial sea, of the air space

over the territorial sea and of its bed and subsoil

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

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

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

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

well as to its bed and subsoil.

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

Convention and to other rules of international law.

SECTION 2. LIMITS OF THE TERRITORIAL SEA

Article 3

Breadth of the territorial sea

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

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

determined in accordance with this Convention.

Article 4

Outer limit of the territorial sea

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

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

territorial sea.

Article 5

Normal baseline

Except where otherwise provided in this Convention, the normal baseline

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

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

State.

Article 6

Reefs

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

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

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

charts officially recognized by the coastal State.

28

Article 7

Straight baselines

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

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

method of straight baselines joining appropriate points may be employed in

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

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

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

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

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

baselines shall remain effective until changed by the coastal State in

accordance with this Convention.

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

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

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

to the regime of internal waters.

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

unless lighthouses or similar installations which are permanently above sea

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

baselines to and from such elevations has received general international

recognition.

5. Where the method of straight baselines is applicable under

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

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

importance of which are clearly evidenced by long usage.

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

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

seas or an exclusive economic zone.

Article 8

Internal waters

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

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

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

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

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

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

Article 9

Mouths of rivers

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

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

banks.

Article 10

Bays

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

single State.

29

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

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

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

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

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

a line drawn across the mouth of that indentation.

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

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

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

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

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

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

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

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

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

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

shall be considered as internal waters.

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

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

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

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

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

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

is applied.

Article 11

Ports

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

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

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

not be considered as permanent harbour works.

Article 12

Roadsteads

Roadsteads which are normally used for the loading, unloading and

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

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

Article 13

Low-tide elevations

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

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

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

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

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

of the territorial sea.

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

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

territorial sea of its own.

30

Article 14

Combination of methods for determining baselines

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

provided for in the foregoing articles to suit different conditions.

Article 15

Delimitation of the territorial sea between States

with opposite or adjacent coasts

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

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

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

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

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

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

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

two States in a way which is at variance therewith.

Article 16

Charts and lists of geographical coordinates

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

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

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

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

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

specifying the geodetic datum, may be substituted.

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

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

with the Secretary-General of the United Nations.

SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA

SUBSECTION A. RULES APPLICABLE TO ALL SHIPS

Article 17

Right of innocent passage

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

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

Article 18

Meaning of passage

of:

1.

Passage means navigation through the territorial sea for the purpose

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

a roadstead or port facility outside internal waters; or

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

or port facility.

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

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

31

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

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

danger or distress.

Article 19

Meaning of innocent passage

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

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

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

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

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

engages in any of the following activities:

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

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

other manner in violation of the principles of international law

embodied in the Charter of the United Nations;

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

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

defence or security of the coastal State;

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

of the coastal State;

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

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

device;

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

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

regulations of the coastal State;

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

Convention;

(i) any fishing activities;

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

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

or any other facilities or installations of the coastal State;

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

Article 20

Submarines and other underwater vehicles

In the territorial sea, submarines and other underwater vehicles are

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

Article 21

Laws and regulations of the coastal State relating to innocent passage

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

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

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

following:

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

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

facilities or installations;

(c) the protection of cables and pipelines;

32

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

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

regulations of the coastal State;

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

prevention, reduction and control of pollution thereof;

(g) marine scientific research and hydrographic surveys;

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

immigration or sanitary laws and regulations of the coastal

State.

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

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

generally accepted international rules or standards.

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

regulations.

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

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

generally accepted international regulations relating to the prevention of

collisions at sea.

Article 22

Sea lanes and traffic separation schemes in the territorial sea

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

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

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

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

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

nuclear or other inherently dangerous or noxious substances or materials may

be required to confine their passage to such sea lanes.

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

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

(a) the recommendations of the competent international

organization;

(b) any channels customarily used for international navigation;

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

(d) the density of traffic.

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

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

Article 23

Foreign nuclear-powered ships and ships carrying nuclear

or other inherently dangerous or noxious substances

Foreign nuclear-powered ships and ships carrying nuclear or other

inherently dangerous or noxious substances shall, when exercising the right

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

special precautionary measures established for such ships by international

agreements.

33

Article 24

Duties of the coastal State

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

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

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

regulations adopted in conformity with this Convention, the coastal State

shall not:

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

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

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

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

State.

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

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

Article 25

Rights of protection of the coastal State

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

prevent passage which is not innocent.

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

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

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

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

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

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

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

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

shall take effect only after having been duly published.

Article 26

Charges which may be levied upon foreign ships

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

passage through the territorial sea.

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

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

These charges shall be levied without discrimination.

SUBSECTION B. RULES APPLICABLE TO

MERCHANT SHIPS AND GOVERNMENT SHIPS

OPERATED FOR COMMERCIAL PURPOSES

Article 27

Criminal jurisdiction on board a foreign ship

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

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

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

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

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

34

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

the good order of the territorial sea;

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

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

officer of the flag State; or

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

traffic in narcotic drugs or psychotropic substances.

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

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

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

leaving internal waters.

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

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

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

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

notification may be communicated while the measures are being taken.

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

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

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

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

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

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

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

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

internal waters.

Article 28

Civil jurisdiction in relation to foreign ships

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

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

relation to a person on board the ship.

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

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

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

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

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

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

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

passing through the territorial sea after leaving internal waters.

SUBSECTION C. RULES APPLICABLE TO

WARSHIPS AND OTHER GOVERNMENT SHIPS

OPERATED FOR NON-COMMERCIAL PURPOSES

Article 29

Definition of warships

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

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

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

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

35

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

armed forces discipline.

Article 30

Non-compliance by warships with the laws and regulations

of the coastal State

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

coastal State concerning passage through the territorial sea and disregards any

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

require it to leave the territorial sea immediately.

Article 31

Responsibility of the flag State for damage caused by a warship

or other government ship operated for non-commercial purposes

The flag State shall bear international responsibility for any loss or

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

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

laws and regulations of the coastal State concerning passage through the

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

international law.

Article 32

Immunities of warships and other government ships

operated for non-commercial purposes

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

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

other government ships operated for non-commercial purposes.

SECTION 4. CONTIGUOUS ZONE

Article 33

Contiguous zone

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

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

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

sanitary laws and regulations within its territory or territorial

sea;

(b) punish infringement of the above laws and regulations

committed within its territory or territorial sea.

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

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

36

STRAITS USED FOR INTERNATIONAL

NAVIGATION

SECTION 1. GENERAL PROVISIONS

Article 34

Legal status of waters forming straits used for international navigation

1. The regime of passage through straits used for international

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

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

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

their air space, bed and subsoil.

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

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

Article 35

Scope of this Part

Nothing in this Part affects:

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

establishment of a straight baseline in accordance with the method

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

areas which had not previously been considered as such;

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

bordering straits as exclusive economic zones or high seas; or

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

in part by long-standing international conventions in force

specifically relating to such straits.

Article 36

High seas routes or routes through exclusive economic zones

through straits used for international navigation

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

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

exclusive economic zone of similar convenience with respect to navigational

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

this Convention, including the provisions regarding the freedoms of

navigation and overflight, apply.

SECTION 2. TRANSIT PASSAGE

Article 37

Scope of this section

This section applies to straits which are used for international navigation

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

part of the high seas or an exclusive economic zone.

37

Article 38

Right of transit passage

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

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

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

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

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

with respect to navigational and hydrographical characteristics.

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

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

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

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

economic zone. However, the requirement of continuous and expeditious

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

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

conditions of entry to that State.

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

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

Convention.

Article 39

Duties of ships and aircraft during transit passage

1.

2.

3.

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

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

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

territorial integrity or political independence of States bordering

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

of international law embodied in the Charter of the United

Nations;

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

normal modes of continuous and expeditious transit unless

rendered necessary by force majeure or by distress;

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

Ships in transit passage shall:

(a) comply with generally accepted international regulations,

procedures and practices for safety at sea, including the

International Regulations for Preventing Collisions at Sea;

(b) comply with generally accepted international regulations,

procedures and practices for the prevention, reduction and

control of pollution from ships.

Aircraft in transit passage shall:

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

Civil Aviation Organization as they apply to civil aircraft; state

aircraft will normally comply with such safety measures and

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

navigation;

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

competent internationally designated air traffic control authority

or the appropriate international distress radio frequency.

38

Article 40

Research and survey activities

During transit passage, foreign ships, including marine scientific research

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

activities without the prior authorization of the States bordering straits.

Article 41

Sea lanes and traffic separation schemes in straits

used for international navigation

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

sea lanes and prescribe traffic separation schemes for navigation in straits

where necessary to promote the safe passage of ships.

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

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

any sea lanes or traffic separation schemes previously designated or

prescribed by them.

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

generally accepted international regulations.

4. Before designating or substituting sea lanes or prescribing or

substituting traffic separation schemes, States bordering straits shall refer

proposals to the competent international organization with a view to their

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

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

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

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

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

proposed, the States concerned shall cooperate in formulating proposals in

consultation with the competent international organization.

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

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

publicity shall be given.

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

separation schemes established in accordance with this article.

Article 42

Laws and regulations of States bordering straits

relating to transit passage

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

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

respect of all or any of the following:

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

as provided in article 41;

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

effect to applicable international regulations regarding the

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

strait;

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

including the stowage of fishing gear;

39

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

in contravention of the customs, fiscal, immigration or sanitary

laws and regulations of States bordering straits.

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

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

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

section.

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

regulations.

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

with such laws and regulations.

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

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

regulations or other provisions of this Part shall bear international

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

Article 43

Navigational and safety aids and other improvements

and the prevention, reduction and control of pollution

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

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

navigational and safety aids or other improvements in aid of

international navigation; and

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

Article 44

Duties of States bordering straits

States bordering straits shall not hamper transit passage and shall give

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

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

transit passage.

SECTION 3. INNOCENT PASSAGE

Article 45

Innocent passage

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

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

under article 38, paragraph 1; or

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

and the territorial sea of a foreign State.

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

straits.

40

ARCHIPELAGIC STATES

Article 46

Use of terms

For the purposes of this Convention:

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

more archipelagos and may include other islands;

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

interconnecting waters and other natural features which are so

closely interrelated that such islands, waters and other natural

features form an intrinsic geographical, economic and political

entity, or which historically have been regarded as such.

Article 47

Archipelagic baselines

1. An archipelagic State may draw straight archipelagic baselines

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

archipelago provided that within such baselines are included the main islands

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

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

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

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

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

miles.

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

extent from the general configuration of the archipelago.

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

unless lighthouses or similar installations which are permanently above sea

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

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

nearest island.

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

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

economic zone the territorial sea of another State.

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

between two parts of an immediately adjacent neighbouring State, existing

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

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

States shall continue and be respected.

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

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

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

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

reefs lying on the perimeter of the plateau.

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

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

Alternatively, lists of geographical coordinates of points, specifying the

geodetic datum, may be substituted.

41

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

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

with the Secretary-General of the United Nations.

Article 48

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

the exclusive economic zone and the continental shelf

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

economic zone and the continental shelf shall be measured from archipelagic

baselines drawn in accordance with article 47.

Article 49

Legal status of archipelagic waters, of the air space

over archipelagic waters and of their bed and subsoil

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

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

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

the coast.

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

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

therein.

3. This sovereignty is exercised subject to this Part.

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

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

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

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

resources contained therein.

Article 50

Delimitation of internal waters

Within its archipelagic waters, the archipelagic State may draw closing

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

10 and 11.

Article 51

Existing agreements, traditional fishing rights

and existing submarine cables

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

existing agreements with other States and shall recognize traditional fishing

rights and other legitimate activities of the immediately adjacent neighbouring

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

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

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

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

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

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

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

archipelagic State shall permit the maintenance and replacement of such

42

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

or replace them.

Article 52

Right of innocent passage

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

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

accordance with Part II, section 3.

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

among foreign ships, suspend temporarily in specified areas of its

archipelagic waters the innocent passage of foreign ships if such suspension

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

only after having been duly published.

Article 53

Right of archipelagic sea lanes passage

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

thereabove, suitable for the continuous and expeditious passage of foreign

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

territorial sea.

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

passage in such sea lanes and air routes.

3. Archipelagic sea lanes passage means the exercise in accordance

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

mode solely for the purpose of continuous, expeditious and unobstructed

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

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

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

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

used as routes for international navigation or overflight through or over

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

normal navigational channels, provided that duplication of routes of similar

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

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

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

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

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

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

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

bordering the sea lane.

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

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

through narrow channels in such sea lanes.

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

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

for any sea lanes or traffic separation schemes previously designated or

prescribed by it.

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

generally accepted international regulations.

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

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

43

competent international organization with a view to their adoption. The

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

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

may designate, prescribe or substitute them.

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

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

which due publicity shall be given.

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

lanes and traffic separation schemes established in accordance with this

article.

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

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

normally used for international navigation.

Article 54

Duties of ships and aircraft during their passage,

research and survey activities, duties of the archipelagic State

and laws and regulations of the archipelagic State

relating to archipelagic sea lanes passage

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

lanes passage.

EXCLUSIVE ECONOMIC ZONE

Article 55

Specific legal regime of the exclusive economic zone

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

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

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

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

Convention.

Article 56

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

economic zone

1.

In the exclusive economic zone, the coastal State has:

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

conserving and managing the natural resources, whether living

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

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

economic exploitation and exploration of the zone, such as the

production of energy from the water, currents and winds;

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

Convention with regard to:

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

and structures;

44

(ii) marine scientific research;

(iii) the protection and preservation of the marine

environment;

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

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

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

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

compatible with the provisions of this Convention.

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

subsoil shall be exercised in accordance with Part VI.

Article 57

Breadth of the exclusive economic zone

The exclusive economic zone shall not extend beyond 200 nautical miles

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

Article 58

Rights and duties of other States in the exclusive economic zone

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

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

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

laying of submarine cables and pipelines, and other internationally lawful

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

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

compatible with the other provisions of this Convention.

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

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

with this Part.

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

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

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

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

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

incompatible with this Part.

Article 59

Basis for the resolution of conflicts

regarding the attribution of rights and jurisdiction

in the exclusive economic zone

In cases where this Convention does not attribute rights or jurisdiction

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

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

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

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

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

international community as a whole.

45

Article 60

Artificial islands, installations and structures

in the exclusive economic zone

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

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

operation and use of:

(a) artificial islands;

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

article 56 and other economic purposes;

(c) installations and structures which may interfere with the

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

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

islands, installations and structures, including jurisdiction with regard to

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

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

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

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

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

taking into account any generally accepted international standards established

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

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

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

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

entirely removed.

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

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

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

the artificial islands, installations and structures.

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

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

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

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

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

their outer edge, except as authorized by generally accepted international

standards or as recommended by the competent international organization.

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

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

generally accepted international standards regarding navigation in the vicinity

of artificial islands, installations, structures and safety zones.

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

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

use of recognized sea lanes essential to international navigation.

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

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

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

zone or the continental shelf.

Article 61

Conservation of the living resources

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

resources in its exclusive economic zone.

46

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

available to it, shall ensure through proper conservation and management

measures that the maintenance of the living resources in the exclusive

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

coastal State and competent international organizations, whether subregional,

regional or global, shall cooperate to this end.

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

populations of harvested species at levels which can produce the maximum

sustainable yield, as qualified by relevant environmental and economic

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

special requirements of developing States, and taking into account fishing

patterns, the interdependence of stocks and any generally recommended

international minimum standards, whether subregional, regional or global.

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

consideration the effects on species associated with or dependent upon

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

associated or dependent species above levels at which their reproduction may

become seriously threatened.

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

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

and exchanged on a regular basis through competent international

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

with participation by all States concerned, including States whose nationals

are allowed to fish in the exclusive economic zone.

Article 62

Utilization of the living resources

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

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

article 61.

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

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

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

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

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

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

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

therein.

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

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

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

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

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

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

economic dislocation in States whose nationals have habitually fished in the

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

stocks.

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

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

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

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

inter alia, to the following:

47

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

including payment of fees and other forms of remuneration,

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

adequate compensation in the field of financing, equipment and

technology relating to the fishing industry;

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

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

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

by nationals of any State during a specified period;

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

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

vessels that may be used;

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

caught;

(e) specifying information required of fishing vessels, including

catch and effort statistics and vessel position reports;

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

State, the conduct of specified fisheries research programmes

and regulating the conduct of such research, including the

sampling of catches, disposition of samples and reporting of

associated scientific data;

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

coastal State;

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

ports of the coastal State;

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

cooperative arrangements;

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

fisheries technology, including enhancement of the coastal

State's capability of undertaking fisheries research;

(k) enforcement procedures.

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

laws and regulations.

Article 63

Stocks occurring within the exclusive economic zones of

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

and in an area beyond and adjacent to it

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

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

seek, either directly or through appropriate subregional or regional

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

the conservation and development of such stocks without prejudice to the

other provisions of this Part.

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

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

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

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

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

these stocks in the adjacent area.

Article 64

48

Highly migratory species

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

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

through appropriate international organizations with a view to ensuring

conservation and promoting the objective of optimum utilization of such

species throughout the region, both within and beyond the exclusive

economic zone. In regions for which no appropriate international

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

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

and participate in its work.

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

provisions of this Part.

Article 65

Marine mammals

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

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

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

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

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

appropriate international organizations for their conservation, management

and study.

Article 66

Anadromous stocks

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

primary interest in and responsibility for such stocks.

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

conservation by the establishment of appropriate regulatory measures for

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

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

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

fishing these stocks, establish total allowable catches for stocks originating

in its rivers.

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

waters landward of the outer limits of exclusive economic

zones, except in cases where this provision would result in

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

With respect to such fishing beyond the outer limits of the

exclusive economic zone, States concerned shall maintain

consultations with a view to achieving agreement on terms and

conditions of such fishing giving due regard to the conservation

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

these stocks.

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

dislocation in such other States fishing these stocks, taking into

account the normal catch and the mode of operations of such

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

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

agreement with the State of origin in measures to renew

49

anadromous stocks, particularly by expenditures for that

purpose, shall be given special consideration by the State of

origin in the harvesting of stocks originating in its rivers.

(d) Enforcement of regulations regarding anadromous stocks

beyond the exclusive economic zone shall be by agreement

between the State of origin and the other States concerned.

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

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

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

with regard to the conservation and management of such stocks.

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

these stocks shall make arrangements for the implementation of the provisions

of this article, where appropriate, through regional organizations.

Article 67

Catadromous species

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

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

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

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

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

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

other provisions of this Convention concerning fishing in these zones.

3. In cases where catadromous fish migrate through the exclusive

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

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

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

concerned. Such agreement shall ensure the rational management of the

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

paragraph 1 for the maintenance of these species.

Article 68

Sedentary species

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

paragraph 4.

Article 69

Right of land-locked States

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

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

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

subregion or region, taking into account the relevant economic and

geographical circumstances of all the States concerned and in conformity with

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

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

by the States concerned through bilateral, subregional or regional agreements

taking into account, inter alia:

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

fishing industries of the coastal State;

50

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

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

participate under existing bilateral, subregional or regional

agreements in the exploitation of living resources of the

exclusive economic zones of other coastal States;

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

disadvantaged States are participating in the exploitation of the

living resources of the exclusive economic zone of the coastal

State and the consequent need to avoid a particular burden for

any single coastal State or a part of it;

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

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

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

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

concerned shall cooperate in the establishment of equitable arrangements on

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

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

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

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

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

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

account.

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

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

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

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

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

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

fishing communities and economic dislocation in States whose nationals have

habitually fished in the zone.

5. The above provisions are without prejudice to arrangements agreed

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

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

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

Article 70

Right of geographically disadvantaged States

1. Geographically disadvantaged States shall have the right to

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

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

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

economic and geographical circumstances of all the States concerned and in

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

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

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

seas, whose geographical situation makes them dependent upon the

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

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

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

which can claim no exclusive economic zones of their own.

51

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

by the States concerned through bilateral, subregional or regional agreements

taking into account, inter alia:

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

fishing industries of the coastal State;

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

accordance with the provisions of this article, is participating or

is entitled to participate under existing bilateral, subregional or

regional agreements in the exploitation of living resources of

the exclusive economic zones of other coastal States;

(c) the extent to which other geographically disadvantaged States

and land-locked States are participating in the exploitation of

the living resources of the exclusive economic zone of the

coastal State and the consequent need to avoid a particular

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

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

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

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

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

concerned shall cooperate in the establishment of equitable arrangements on

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

developing geographically disadvantaged States of the same subregion or

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

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

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

implementation of this provision the factors mentioned in paragraph 3 shall

also be taken into account.

5. Developed geographically disadvantaged States shall, under the

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

resources only in the exclusive economic zones of developed coastal States

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

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

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

detrimental effects on fishing communities and economic dislocation in States

whose nationals have habitually fished in the zone.

6. The above provisions are without prejudice to arrangements agreed

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

geographically disadvantaged States of the same subregion or region equal or

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

economic zones.

Article 71

Non-applicability of articles 69 and 70

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

State whose economy is overwhelmingly dependent on the exploitation of the

living resources of its exclusive economic zone.

Article 72

Restrictions on transfer of rights

1. Rights provided under articles 69 and 70 to exploit living resources

shall not be directly or indirectly transferred to third States or their nationals

52

by lease or licence, by establishing joint ventures or in any other manner

which has the effect of such transfer unless otherwise agreed by the States

concerned.

2. The foregoing provision does not preclude the States concerned from

obtaining technical or financial assistance from third States or international

organizations in order to facilitate the exercise of the rights pursuant to

articles 69 and 70, provided that it does not have the effect referred to in

paragraph 1.

Article 73

Enforcement of laws and regulations of the coastal State

1. The coastal State may, in the exercise of its sovereign rights to

explore, exploit, conserve and manage the living resources in the exclusive

economic zone, take such measures, including boarding, inspection, arrest

and judicial proceedings, as may be necessary to ensure compliance with the

laws and regulations adopted by it in conformity with this Convention.

2. Arrested vessels and their crews shall be promptly released upon the

posting of reasonable bond or other security.

3. Coastal State penalties for violations of fisheries laws and

regulations in the exclusive economic zone may not include imprisonment, in

the absence of agreements to the contrary by the States concerned, or any

other form of corporal punishment.

4. In cases of arrest or detention of foreign vessels the coastal State

shall promptly notify the flag State, through appropriate channels, of the

action taken and of any penalties subsequently imposed.

Article 74

Delimitation of the exclusive economic zone

between States with opposite or adjacent coasts

1. The delimitation of the exclusive economic zone between States with

opposite or adjacent coasts shall be effected by agreement on the basis of

international law, as referred to in Article 38 of the Statute of the

International Court of Justice, in order to achieve an equitable solution.

2. If no agreement can be reached within a reasonable period of time,

the States concerned shall resort to the procedures provided for in Part XV.

3. Pending agreement as provided for in paragraph 1, the States

concerned, in a spirit of understanding and cooperation, shall make every

effort to enter into provisional arrangements of a practical nature and, during

this transitional period, not to jeopardize or hamper the reaching of the final

agreement. Such arrangements shall be without prejudice to the final

delimitation.

4. Where there is an agreement in force between the States concerned,

questions relating to the delimitation of the exclusive economic zone shall be

determined in accordance with the provisions of that agreement.

Article 75

Charts and lists of geographical coordinates

1. Subject to this Part, the outer limit lines of the exclusive economic

zone and the lines of delimitation drawn in accordance with article 74 shall

be shown on charts of a scale or scales adequate for ascertaining their

53

position. Where appropriate, lists of geographical coordinates of points,

specifying the geodetic datum, may be substituted for such outer limit lines

or lines of delimitation.

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

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

with the Secretary-General of the United Nations.

CONTINENTAL SHELF

Article 76

Definition of the continental shelf

1. The continental shelf of a coastal State comprises the seabed and

subsoil of the submarine areas that extend beyond its territorial sea

throughout the natural prolongation of its land territory to the outer edge of

the continental margin, or to a distance of 200 nautical miles from the

baselines from which the breadth of the territorial sea is measured where the

outer edge of the continental margin does not extend up to that distance.

2. The continental shelf of a coastal State shall not extend beyond the

limits provided for in paragraphs 4 to 6.

3. The continental margin comprises the submerged prolongation of the

land mass of the coastal State, and consists of the seabed and subsoil of the

shelf, the slope and the rise. It does not include the deep ocean floor with its

oceanic ridges or the subsoil thereof.

4. (a) For the purposes of this Convention, the coastal State shall

establish the outer edge of the continental margin wherever the

margin extends beyond 200 nautical miles from the baselines

from which the breadth of the territorial sea is measured, by

either:

(i) a line delineated in accordance with paragraph 7 by

reference to the outermost fixed points at each of which

the thickness of sedimentary rocks is at least 1 per cent of

the shortest distance from such point to the foot of the

continental slope; or

(ii) a line delineated in accordance with paragraph 7 by

reference to fixed points not more than 60 nautical miles

from the foot of the continental slope.

(b) In the absence of evidence to the contrary, the foot of the

continental slope shall be determined as the point of maximum

change in the gradient at its base.

5. The fixed points comprising the line of the outer limits of the

continental shelf on the seabed, drawn in accordance with paragraph 4 (a)(i)

and (ii), either shall not exceed 350 nautical miles from the baselines from

which the breadth of the territorial sea is measured or shall not exceed

100 nautical miles from the 2,500 metre isobath, which is a line connecting

the depth of 2,500 metres.

6. Notwithstanding the provisions of paragraph 5, on submarine ridges,

the outer limit of the continental shelf shall not exceed 350 nautical miles

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

This paragraph does not apply to submarine elevations that are natural

54

components of the continental margin, such as its plateaux, rises, caps, banks

and spurs.

7. The coastal State shall delineate the outer limits of its continental

shelf, where that shelf extends beyond 200 nautical miles from the baselines

from which the breadth of the territorial sea is measured, by straight lines not

exceeding 60 nautical miles in length, connecting fixed points, defined by

coordinates of latitude and longitude.

8. Information on the limits of the continental shelf beyond

200 nautical miles from the baselines from which the breadth of the territorial

sea is measured shall be submitted by the coastal State to the Commission on

the Limits of the Continental Shelf set up under Annex II on the basis of

equitable geographical representation. The Commission shall make

recommendations to coastal States on matters related to the establishment of

the outer limits of their continental shelf. The limits of the shelf established

by a coastal State on the basis of these recommendations shall be final and

binding.

9. The coastal State shall deposit with the Secretary-General of the

United Nations charts and relevant information, including geodetic data,

permanently describing the outer limits of its continental shelf. The

Secretary-General shall give due publicity thereto.

10. The provisions of this article are without prejudice to the question

of delimitation of the continental shelf between States with opposite or

adjacent coasts.

Article 77

Rights of the coastal State over the continental shelf

1. The coastal State exercises over the continental shelf sovereign

rights for the purpose of exploring it and exploiting its natural resources.

2. The rights referred to in paragraph 1 are exclusive in the sense that

if the coastal State does not explore the continental shelf or exploit its natural

resources, no one may undertake these activities without the express consent

of the coastal State.

3. The rights of the coastal State over the continental shelf do not

depend on occupation, effective or notional, or on any express proclamation.

4. The natural resources referred to in this Part consist of the mineral

and other non-living resources of the seabed and subsoil together with living

organisms belonging to sedentary species, that is to say, organisms which, at

the harvestable stage, either are immobile on or under the seabed or are

unable to move except in constant physical contact with the seabed or the

subsoil.

Article 78

Legal status of the superjacent waters and air space

and the rights and freedoms of other States

1. The rights of the coastal State over the continental shelf do not affect

the legal status of the superjacent waters or of the air space above those

waters.

2. The exercise of the rights of the coastal State over the continental

shelf must not infringe or result in any unjustifiable interference with

navigation and other rights and freedoms of other States as provided for in

this Convention.

55

Article 79

Submarine cables and pipelines on the continental shelf

1. All States are entitled to lay submarine cables and pipelines on the

continental shelf, in accordance with the provisions of this article.

2. Subject to its right to take reasonable measures for the exploration

of the continental shelf, the exploitation of its natural resources and the

prevention, reduction and control of pollution from pipelines, the coastal

State may not impede the laying or maintenance of such cables or pipelines.

3. The delineation of the course for the laying of such pipelines on the

continental shelf is subject to the consent of the coastal State.

4. Nothing in this Part affects the right of the coastal State to establish

conditions for cables or pipelines entering its territory or territorial sea, or its

jurisdiction over cables and pipelines constructed or used in connection with

the exploration of its continental shelf or exploitation of its resources or the

operations of artificial islands, installations and structures under its

jurisdiction.

5. When laying submarine cables or pipelines, States shall have due

regard to cables or pipelines already in position. In particular, possibilities

of repairing existing cables or pipelines shall not be prejudiced.

Article 80

Artificial islands, installations and structures on the continental shelf

Article 60 applies mutatis mutandis to artificial islands, installations and

structures on the continental shelf.

Article 81

Drilling on the continental shelf

The coastal State shall have the exclusive right to authorize and regulate

drilling on the continental shelf for all purposes.

Article 82

Payments and contributions with respect to the

exploitation of the continental shelf beyond 200 nautical miles

1. The coastal State shall make payments or contributions in kind in

respect of the exploitation of the non-living resources of the continental shelf

beyond 200 nautical miles from the baselines from which the breadth of the

territorial sea is measured.

2. The payments and contributions shall be made annually with respect

to all production at a site after the first five years of production at that site.

For the sixth year, the rate of payment or contribution shall be 1 per cent of

the value or volume of production at the site. The rate shall increase by

1 per cent for each subsequent year until the twelfth year and shall remain at

7 per cent thereafter. Production does not include resources used in

connection with exploitation.

3. A developing State which is a net importer of a mineral resource

produced from its continental shelf is exempt from making such payments or

contributions in respect of that mineral resource.

4. The payments or contributions shall be made through the Authority,

which shall distribute them to States Parties to this Convention, on the basis

56

of equitable sharing criteria, taking into account the interests and needs of

developing States, particularly the least developed and the land-locked among

them.

Article 83

Delimitation of the continental shelf

between States with opposite or adjacent coasts

1. The delimitation of the continental shelf between States with

opposite or adjacent coasts shall be effected by agreement on the basis of

international law, as referred to in Article 38 of the Statute of the

International Court of Justice, in order to achieve an equitable solution.

2. If no agreement can be reached within a reasonable period of time,

the States concerned shall resort to the procedures provided for in Part XV.

3. Pending agreement as provided for in paragraph 1, the States

concerned, in a spirit of understanding and cooperation, shall make every

effort to enter into provisional arrangements of a practical nature and, during

this transitional period, not to jeopardize or hamper the reaching of the final

agreement. Such arrangements shall be without prejudice to the final

delimitation.

4. Where there is an agreement in force between the States concerned,

questions relating to the delimitation of the continental shelf shall be

determined in accordance with the provisions of that agreement.

Article 84

Charts and lists of geographical coordinates

1. Subject to this Part, the outer limit lines of the continental shelf and

the lines of delimitation drawn in accordance with article 83 shall be shown

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

appropriate, lists of geographical coordinates of points, specifying the

geodetic datum, may be substituted for such outer limit lines or lines of

delimitation.

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

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

with the Secretary-General of the United Nations and, in the case of those

showing the outer limit lines of the continental shelf, with the

Secretary-General of the Authority.

Article 85

Tunnelling

This Part does not prejudice the right of the coastal State to exploit the

subsoil by means of tunnelling, irrespective of the depth of water above the

subsoil.

57

HIGH SEAS

SECTION 1. GENERAL PROVISIONS

Article 86

Application of the provisions of this Part

The provisions of this Part apply to all parts of the sea that are not

included in the exclusive economic zone, in the territorial sea or in the

internal waters of a State, or in the archipelagic waters of an archipelagic

State. This article does not entail any abridgement of the freedoms enjoyed

by all States in the exclusive economic zone in accordance with article 58.

Article 87

Freedom of the high seas

1. The high seas are open to all States, whether coastal or land-locked.

Freedom of the high seas is exercised under the conditions laid down by this

Convention and by other rules of international law. It comprises, inter alia,

both for coastal and land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

(c) freedom to lay submarine cables and pipelines, subject to

(d) freedom to construct artificial islands and other installations

permitted under international law, subject to Part VI;

(e) freedom of fishing, subject to the conditions laid down in

(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for

the interests of other States in their exercise of the freedom of the high seas,

and also with due regard for the rights under this Convention with respect to

activities in the Area.

Article 88

Reservation of the high seas for peaceful purposes

The high seas shall be reserved for peaceful purposes.

Article 89

Invalidity of claims of sovereignty over the high seas

No State may validly purport to subject any part of the high seas to its

sovereignty.

Article 90

Right of navigation

Every State, whether coastal or land-locked, has the right to sail ships

flying its flag on the high seas.

58

Article 91

Nationality of ships

1. Every State shall fix the conditions for the grant of its nationality to

ships, for the registration of ships in its territory, and for the right to fly its

flag. Ships have the nationality of the State whose flag they are entitled to

fly. There must exist a genuine link between the State and the ship.

2. Every State shall issue to ships to which it has granted the right to

fly its flag documents to that effect.

Article 92

Status of ships

1. Ships shall sail under the flag of one State only and, save in

exceptional cases expressly provided for in international treaties or in this

Convention, shall be subject to its exclusive jurisdiction on the high seas.

A ship may not change its flag during a voyage or while in a port of call, save

in the case of a real transfer of ownership or change of registry.

2. A ship which sails under the flags of two or more States, using them

according to convenience, may not claim any of the nationalities in question

with respect to any other State, and may be assimilated to a ship without

nationality.

Article 93

Ships flying the flag of the United Nations, its specialized agencies

and the International Atomic Energy Agency

The preceding articles do not prejudice the question of ships employed

on the official service of the United Nations, its specialized agencies or the

International Atomic Energy Agency, flying the flag of the organization.

Article 94

Duties of the flag State

1. Every State shall effectively exercise its jurisdiction and control in

administrative, technical and social matters over ships flying its flag.

2. In particular every State shall:

(a) maintain a register of ships containing the names and particulars

of ships flying its flag, except those which are excluded from

generally accepted international regulations on account of their

small size; and

(b) assume jurisdiction under its internal law over each ship flying

its flag and its master, officers and crew in respect of

administrative, technical and social matters concerning the ship.

3. Every State shall take such measures for ships flying its flag as are

necessary to ensure safety at sea with regard, inter alia, to:

(a) the construction, equipment and seaworthiness of ships;

(b) the manning of ships, labour conditions and the training of

crews, taking into account the applicable international

instruments;

(c) the use of signals, the maintenance of communications and the

prevention of collisions.

4. Such measures shall include those necessary to ensure:

59

(a) that each ship, before registration and thereafter at appropriate

intervals, is surveyed by a qualified surveyor of ships, and has

on board such charts, nautical publications and navigational

equipment and instruments as are appropriate for the safe

navigation of the ship;

(b) that each ship is in the charge of a master and officers who

possess appropriate qualifications, in particular in seamanship,

navigation, communications and marine engineering, and that

the crew is appropriate in qualification and numbers for the

type, size, machinery and equipment of the ship;

(c) that the master, officers and, to the extent appropriate, the crew

are fully conversant with and required to observe the applicable

international regulations concerning the safety of life at sea, the

prevention of collisions, the prevention, reduction and control

of marine pollution, and the maintenance of communications by

radio.

5. In taking the measures called for in paragraphs 3 and 4 each State is

required to conform to generally accepted international regulations,

procedures and practices and to take any steps which may be necessary to

secure their observance.

6. A State which has clear grounds to believe that proper jurisdiction

and control with respect to a ship have not been exercised may report the facts

to the flag State. Upon receiving such a report, the flag State shall investigate

the matter and, if appropriate, take any action necessary to remedy the

situation.

7. Each State shall cause an inquiry to be held by or before a suitably

qualified person or persons into every marine casualty or incident of

navigation on the high seas involving a ship flying its flag and causing loss

of life or serious injury to nationals of another State or serious damage to

ships or installations of another State or to the marine environment. The flag

State and the other State shall cooperate in the conduct of any inquiry held by

that other State into any such marine casualty or incident of navigation.

Article 95

Immunity of warships on the high seas

Warships on the high seas have complete immunity from the jurisdiction

of any State other than the flag State.

Article 96

Immunity of ships used only on government non-commercial service

Ships owned or operated by a State and used only on government

non-commercial service shall, on the high seas, have complete immunity from

the jurisdiction of any State other than the flag State.

Article 97

Penal jurisdiction in matters of collision or any other incident of

navigation

1. In the event of a collision or any other incident of navigation

concerning a ship on the high seas, involving the penal or disciplinary

responsibility of the master or of any other person in the service of the ship,

60

no penal or disciplinary proceedings may be instituted against such person

except before the judicial or administrative authorities either of the flag State

or of the State of which such person is a national.

2. In disciplinary matters, the State which has issued a master's

certificate or a certificate of competence or licence shall alone be competent,

after due legal process, to pronounce the withdrawal of such certificates, even

if the holder is not a national of the State which issued them.

3. No arrest or detention of the ship, even as a measure of

investigation, shall be ordered by any authorities other than those of the flag

State.

Article 98

Duty to render assistance

1. Every State shall require the master of a ship flying its flag, in so far

as he can do so without serious danger to the ship, the crew or the passengers:

(a) to render assistance to any person found at sea in danger of

being lost;

(b) to proceed with all possible speed to the rescue of persons in

distress, if informed of their need of assistance, in so far as such

action may reasonably be expected of him;

(c) after a collision, to render assistance to the other ship, its crew

and its passengers and, where possible, to inform the other ship

of the name of his own ship, its port of registry and the nearest

port at which it will call.

2. Every coastal State shall promote the establishment, operation and

maintenance of an adequate and effective search and rescue service regarding

safety on and over the sea and, where circumstances so require, by way of

mutual regional arrangements cooperate with neighbouring States for this

purpose.

Article 99

Prohibition of the transport of slaves

Every State shall take effective measures to prevent and punish the

transport of slaves in ships authorized to fly its flag and to prevent the

unlawful use of its flag for that purpose. Any slave taking refuge on board

any ship, whatever its flag, shall ipso facto be free.

Article 100

Duty to cooperate in the repression of piracy

All States shall cooperate to the fullest possible extent in the repression

of piracy on the high seas or in any other place outside the jurisdiction of any

State.

Article 101

Definition of piracy

Piracy consists of any of the following acts:

61

(a) any illegal acts of violence or detention, or any act of

depredation, committed for private ends by the crew or the

passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or

against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place

outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or

of an aircraft with knowledge of facts making it a pirate ship or

aircraft;

(c) any act of inciting or of intentionally facilitating an act

described in subparagraph (a) or (b).

Article 102

Piracy by a warship, government ship or government aircraft

whose crew has mutinied

The acts of piracy, as defined in article 101, committed by a warship,

government ship or government aircraft whose crew has mutinied and taken

control of the ship or aircraft are assimilated to acts committed by a private

ship or aircraft.

Article 103

Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate ship or aircraft if it is intended by

the persons in dominant control to be used for the purpose of committing one

of the acts referred to in article 101. The same applies if the ship or aircraft

has been used to commit any such act, so long as it remains under the control

of the persons guilty of that act.

Article 104

Retention or loss of the nationality of a pirate ship or aircraft

A ship or aircraft may retain its nationality although it has become a

pirate ship or aircraft. The retention or loss of nationality is determined by

the law of the State from which such nationality was derived.

Article 105

Seizure of a pirate ship or aircraft

On the high seas, or in any other place outside the jurisdiction of any

State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken

by piracy and under the control of pirates, and arrest the persons and seize the

property on board. The courts of the State which carried out the seizure may

decide upon the penalties to be imposed, and may also determine the action

to be taken with regard to the ships, aircraft or property, subject to the rights

of third parties acting in good faith.

62

Article 106

Liability for seizure without adequate grounds

Where the seizure of a ship or aircraft on suspicion of piracy has been

effected without adequate grounds, the State making the seizure shall be

liable to the State the nationality of which is possessed by the ship or aircraft

for any loss or damage caused by the seizure.

Article 107

Ships and aircraft which are entitled to seize on account of piracy

A seizure on account of piracy may be carried out only by warships or

military aircraft, or other ships or aircraft clearly marked and identifiable as

being on government service and authorized to that effect.

Article 108

Illicit traffic in narcotic drugs or psychotropic substances

1. All States shall cooperate in the suppression of illicit traffic in

narcotic drugs and psychotropic substances engaged in by ships on the high

seas contrary to international conventions.

2. Any State which has reasonable grounds for believing that a ship

flying its flag is engaged in illicit traffic in narcotic drugs or psychotropic

substances may request the cooperation of other States to suppress such

traffic.

Article 109

Unauthorized broadcasting from the high seas

1. All States shall cooperate in the suppression of unauthorized

broadcasting from the high seas.

2. For the purposes of this Convention, "unauthorized broadcasting"

means the transmission of sound radio or television broadcasts from a ship or

installation on the high seas intended for reception by the general public

contrary to international regulations, but excluding the transmission of

distress calls.

3. Any person engaged in unauthorized broadcasting may be

prosecuted before the court of:

(a) the flag State of the ship;

(b) the State of registry of the installation;

(c) the State of which the person is a national;

(d) any State where the transmissions can be received; or

(e) any State where authorized radio communication is suffering

interference.

4. On the high seas, a State having jurisdiction in accordance with

paragraph 3 may, in conformity with article 110, arrest any person or ship

engaged in unauthorized broadcasting and seize the broadcasting apparatus.

63

Article 110

Right of visit

1. Except where acts of interference derive from powers conferred by

treaty, a warship which encounters on the high seas a foreign ship, other than

a ship entitled to complete immunity in accordance with articles 95 and 96,

is not justified in boarding it unless there is reasonable ground for suspecting

that:

(a) the ship is engaged in piracy;

(b) the ship is engaged in the slave trade;

(c) the ship is engaged in unauthorized broadcasting and the flag

State of the warship has jurisdiction under article 109;

(d) the ship is without nationality; or

(e) though flying a foreign flag or refusing to show its flag, the ship

is, in reality, of the same nationality as the warship.

2. In the cases provided for in paragraph 1, the warship may proceed

to verify the ship's right to fly its flag. To this end, it may send a boat under

the command of an officer to the suspected ship. If suspicion remains after

the documents have been checked, it may proceed to a further examination on

board the ship, which must be carried out with all possible consideration.

3. If the suspicions prove to be unfounded, and provided that the ship

boarded has not committed any act justifying them, it shall be compensated

for any loss or damage that may have been sustained.

4. These provisions apply mutatis mutandis to military aircraft.

5. These provisions also apply to any other duly authorized ships or

aircraft clearly marked and identifiable as being on government service.

Article 111

Right of hot pursuit

1. The hot pursuit of a foreign ship may be undertaken when the

competent authorities of the coastal State have good reason to believe that the

ship has violated the laws and regulations of that State. Such pursuit must be

commenced when the foreign ship or one of its boats is within the internal

waters, the archipelagic waters, the territorial sea or the contiguous zone of

the pursuing State, and may only be continued outside the territorial sea or the

contiguous zone if the pursuit has not been interrupted. It is not necessary

that, at the time when the foreign ship within the territorial sea or the

contiguous zone receives the order to stop, the ship giving the order should

likewise be within the territorial sea or the contiguous zone. If the foreign

ship is within a contiguous zone, as defined in article 33, the pursuit may only

be undertaken if there has been a violation of the rights for the protection of

which the zone was established.

2. The right of hot pursuit shall apply mutatis mutandis to violations in

the exclusive economic zone or on the continental shelf, including safety

zones around continental shelf installations, of the laws and regulations of the

coastal State applicable in accordance with this Convention to the exclusive

economic zone or the continental shelf, including such safety zones.

3. The right of hot pursuit ceases as soon as the ship pursued enters the

territorial sea of its own State or of a third State.

4. Hot pursuit is not deemed to have begun unless the pursuing ship has

satisfied itself by such practicable means as may be available that the ship

pursued or one of its boats or other craft working as a team and using the ship

64

pursued as a mother ship is within the limits of the territorial sea, or, as the

case may be, within the contiguous zone or the exclusive economic zone or

above the continental shelf. The pursuit may only be commenced after a

visual or auditory signal to stop has been given at a distance which enables

it to be seen or heard by the foreign ship.

5. The right of hot pursuit may be exercised only by warships or

military aircraft, or other ships or aircraft clearly marked and identifiable as

being on government service and authorized to that effect.

6. Where hot pursuit is effected by an aircraft:

(a) the provisions of paragraphs 1 to 4 shall apply

mutatis mutandis;

(b) the aircraft giving the order to stop must itself actively pursue

the ship until a ship or another aircraft of the coastal State,

summoned by the aircraft, arrives to take over the pursuit,

unless the aircraft is itself able to arrest the ship. It does not

suffice to justify an arrest outside the territorial sea that the ship

was merely sighted by the aircraft as an offender or suspected

offender, if it was not both ordered to stop and pursued by the

aircraft itself or other aircraft or ships which continue the

pursuit without interruption.

7. The release of a ship arrested within the jurisdiction of a State and

escorted to a port of that State for the purposes of an inquiry before the

competent authorities may not be claimed solely on the ground that the ship,

in the course of its voyage, was escorted across a portion of the exclusive

economic zone or the high seas, if the circumstances rendered this necessary.

8. Where a ship has been stopped or arrested outside the territorial sea

in circumstances which do not justify the exercise of the right of hot pursuit,

it shall be compensated for any loss or damage that may have been thereby

sustained.

Article 112

Right to lay submarine cables and pipelines

1. All States are entitled to lay submarine cables and pipelines on the

bed of the high seas beyond the continental shelf.

2. Article 79, paragraph 5, applies to such cables and pipelines.

Article 113

Breaking or injury of a submarine cable or pipeline

Every State shall adopt the laws and regulations necessary to provide that

the breaking or injury by a ship flying its flag or by a person subject to its

jurisdiction of a submarine cable beneath the high seas done wilfully or

through culpable negligence, in such a manner as to be liable to interrupt or

obstruct telegraphic or telephonic communications, and similarly the breaking

or injury of a submarine pipeline or high-voltage power cable, shall be a

punishable offence. This provision shall apply also to conduct calculated or

likely to result in such breaking or injury. However, it shall not apply to any

break or injury caused by persons who acted merely with the legitimate object

of saving their lives or their ships, after having taken all necessary

precautions to avoid such break or injury.

65

Article 114

Breaking or injury by owners of a submarine cable or pipeline

of another submarine cable or pipeline

Every State shall adopt the laws and regulations necessary to provide

that, if persons subject to its jurisdiction who are the owners of a submarine

cable or pipeline beneath the high seas, in laying or repairing that cable or

pipeline, cause a break in or injury to another cable or pipeline, they shall

bear the cost of the repairs.

Article 115

Indemnity for loss incurred in avoiding injury

to a submarine cable or pipeline

Every State shall adopt the laws and regulations necessary to ensure that

the owners of ships who can prove that they have sacrificed an anchor, a net

or any other fishing gear, in order to avoid injuring a submarine cable or

pipeline, shall be indemnified by the owner of the cable or pipeline, provided

that the owner of the ship has taken all reasonable precautionary measures

beforehand.

SECTION 2. CONSERVATION AND MANAGEMENT OF THE

LIVING RESOURCES OF THE HIGH SEAS

Article 116

Right to fish on the high seas

All States have the right for their nationals to engage in fishing on the

high seas subject to:

(a) their treaty obligations;

(b) the rights and duties as well as the interests of coastal States

provided for, inter alia, in article 63, paragraph 2, and articles 64

to 67; and

(c) the provisions of this section.

Article 117

Duty of States to adopt with respect to their nationals

measures for the conservation of the living resources of the high seas

All States have the duty to take, or to cooperate with other States in

taking, such measures for their respective nationals as may be necessary for

the conservation of the living resources of the high seas.

Article 118

Cooperation of States in the conservation and management

of living resources

States shall cooperate with each other in the conservation and

management of living resources in the areas of the high seas. States whose

nationals exploit identical living resources, or different living resources in the

same area, shall enter into negotiations with a view to taking the measures

necessary for the conservation of the living resources concerned. They shall,

66

as appropriate, cooperate to establish subregional or regional fisheries

organizations to this end.

Article 119

Conservation of the living resources of the high seas

1. In determining the allowable catch and establishing other

conservation measures for the living resources in the high seas, States shall:

(a) take measures which are designed, on the best scientific

evidence available to the States concerned, to maintain or

restore populations of harvested species at levels which can

produce the maximum sustainable yield, as qualified by relevant

environmental and economic factors, including the special

requirements of developing States, and taking into account

fishing patterns, the interdependence of stocks and any

generally recommended international minimum standards,

whether subregional, regional or global;

(b) take into consideration the effects on species associated with or

dependent upon harvested species with a view to maintaining or

restoring populations of such associated or dependent species

above levels at which their reproduction may become seriously

threatened.

2. Available scientific information, catch and fishing effort statistics,

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

and exchanged on a regular basis through competent international

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

with participation by all States concerned.

3. States concerned shall ensure that conservation measures and their

implementation do not discriminate in form or in fact against the fishermen

of any State.

Article 120

Marine mammals

Article 65 also applies to the conservation and management of marine

mammals in the high seas.

REGIME OF ISLANDS

Article 121

Regime of islands

1. An island is a naturally formed area of land, surrounded by water,

which is above water at high tide.

2. Except as provided for in paragraph 3, the territorial sea, the

contiguous zone, the exclusive economic zone and the continental shelf of an

island are determined in accordance with the provisions of this Convention

applicable to other land territory.

3. Rocks which cannot sustain human habitation or economic life of

their own shall have no exclusive economic zone or continental shelf.

67

ENCLOSED OR SEMI-ENCLOSED SEAS

Article 122

Definition

For the purposes of this Convention, "enclosed or semi-enclosed sea"

means a gulf, basin or sea surrounded by two or more States and connected

to another sea or the ocean by a narrow outlet or consisting entirely or

primarily of the territorial seas and exclusive economic zones of two or more

coastal States.

Article 123

Cooperation of States bordering enclosed or semi-enclosed seas

States bordering an enclosed or semi-enclosed sea should cooperate with

each other in the exercise of their rights and in the performance of their duties

under this Convention. To this end they shall endeavour, directly or through

an appropriate regional organization:

(a) to coordinate the management, conservation, exploration and

exploitation of the living resources of the sea;

(b) to coordinate the implementation of their rights and duties with

respect to the protection and preservation of the marine

environment;

(c) to coordinate their scientific research policies and undertake where

appropriate joint programmes of scientific research in the area;

(d) to invite, as appropriate, other interested States or international

organizations to cooperate with them in furtherance of the

provisions of this article.

RIGHT OF ACCESS OF LAND-LOCKED

STATES TO AND FROM THE SEA

AND FREEDOM OF TRANSIT

Article 124

Use of terms

1.

For the purposes of this Convention:

(a) "land-locked State" means a State which has no sea-coast;

(b) "transit State" means a State, with or without a sea-coast,

situated between a land-locked State and the sea, through whose

territory traffic in transit passes;

(c) "traffic in transit" means transit of persons, baggage, goods and

means of transport across the territory of one or more transit

States, when the passage across such territory, with or without

trans-shipment, warehousing, breaking bulk or change in the

mode of transport, is only a portion of a complete journey

68

which begins or terminates within the territory of the

land-locked State;

(d) "means of transport" means:

(i) railway rolling stock, sea, lake and river craft and road

vehicles;

(ii) where local conditions so require, porters and pack

animals.

2. Land-locked States and transit States may, by agreement between

them, include as means of transport pipelines and gas lines and means of

transport other than those included in paragraph 1.

Article 125

Right of access to and from the sea and freedom of transit

1. Land-locked States shall have the right of access to and from the sea

for the purpose of exercising the rights provided for in this Convention

including those relating to the freedom of the high seas and the common

heritage of mankind. To this end, land-locked States shall enjoy freedom of

transit through the territory of transit States by all means of transport.

2. The terms and modalities for exercising freedom of transit shall be

agreed between the land-locked States and transit States concerned through

bilateral, subregional or regional agreements.

3. Transit States, in the exercise of their full sovereignty over their

territory, shall have the right to take all measures necessary to ensure that the

rights and facilities provided for in this Part for land-locked States shall in no

way infringe their legitimate interests.

Article 126

Exclusion of application of the most-favoured-nation clause

The provisions of this Convention, as well as special agreements relating

to the exercise of the right of access to and from the sea, establishing rights

and facilities on account of the special geographical position of land-locked

States, are excluded from the application of the most-favoured-nation clause.

Article 127

Customs duties, taxes and other charges

1. Traffic in transit shall not be subject to any customs duties, taxes or

other charges except charges levied for specific services rendered in

connection with such traffic.

2. Means of transport in transit and other facilities provided for and

used by land-locked States shall not be subject to taxes or charges higher than

those levied for the use of means of transport of the transit State.

Article 128

Free zones and other customs facilities

For the convenience of traffic in transit, free zones or other customs

facilities may be provided at the ports of entry and exit in the transit States,

by agreement between those States and the land-locked States.

69

Article 129

Cooperation in the construction and improvement of means of transport

Where there are no means of transport in transit States to give effect to

the freedom of transit or where the existing means, including the port

installations and equipment, are inadequate in any respect, the transit States

and land-locked States concerned may cooperate in constructing or improving

them.

Article 130

Measures to avoid or eliminate delays

or other difficulties of a technical nature in traffic in transit

1. Transit States shall take all appropriate measures to avoid delays or

other difficulties of a technical nature in traffic in transit.

2. Should such delays or difficulties occur, the competent authorities

of the transit States and land-locked States concerned shall cooperate towards

their expeditious elimination.

Article 131

Equal treatment in maritime ports

Ships flying the flag of land-locked States shall enjoy treatment equal to

that accorded to other foreign ships in maritime ports.

Article 132

Grant of greater transit facilities

This Convention does not entail in any way the withdrawal of transit

facilities which are greater than those provided for in this Convention and

which are agreed between States Parties to this Convention or granted by a

State Party. This Convention also does not preclude such grant of greater

facilities in the future.

THE AREA

SECTION 1. GENERAL PROVISIONS

Article 133

Use of terms

For the purposes of this Part:

(a) "resources" means all solid, liquid or gaseous mineral resources

in situ in the Area at or beneath the seabed, including polymetallic

nodules;

(b) resources, when recovered from the Area, are referred to as

"minerals".

70

Article 134

Scope of this Part

1.

2.

3.

4.

This Part applies to the Area.

Activities in the Area shall be governed by the provisions of this

Part.

The requirements concerning deposit of, and publicity to be given

to, the charts or lists of geographical coordinates showing the limits

referred to in article l, paragraph l(1), are set forth in Part VI.

Nothing in this article affects the establishment of the outer limits of

the continental shelf in accordance with Part VI or the validity of

agreements relating to delimitation between States with opposite or

adjacent coasts.

Article 135

Legal status of the superjacent waters and air space

Neither this Part nor any rights granted or exercised pursuant thereto

shall affect the legal status of the waters superjacent to the Area or that of the

air space above those waters.

SECTION 2. PRINCIPLES GOVERNING THE AREA

Article 136

Common heritage of mankind

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

Article 137

Legal status of the Area and its resources

1. No State shall claim or exercise sovereignty or sovereign rights over

any part of the Area or its resources, nor shall any State or natural or juridical

person appropriate any part thereof. No such claim or exercise of sovereignty

or sovereign rights nor such appropriation shall be recognized.

2. All rights in the resources of the Area are vested in mankind as a

whole, on whose behalf the Authority shall act. These resources are not

subject to alienation. The minerals recovered from the Area, however, may

only be alienated in accordance with this Part and the rules, regulations and

procedures of the Authority.

3. No State or natural or juridical person shall claim, acquire or

exercise rights with respect to the minerals recovered from the Area except

in accordance with this Part. Otherwise, no such claim, acquisition or

exercise of such rights shall be recognized.

Article 138

General conduct of States in relation to the Area

The general conduct of States in relation to the Area shall be in

accordance with the provisions of this Part, the principles embodied in the

Charter of the United Nations and other rules of international law in the

interests of maintaining peace and security and promoting international

cooperation and mutual understanding.

71

Article 139

Responsibility to ensure compliance and liability for damage

1. States Parties shall have the responsibility to ensure that activities in

the Area, whether carried out by States Parties, or state enterprises or natural

or juridical persons which possess the nationality of States Parties or are

effectively controlled by them or their nationals, shall be carried out in

conformity with this Part. The same responsibility applies to international

organizations for activities in the Area carried out by such organizations.

2. Without prejudice to the rules of international law and Annex III,

article 22, damage caused by the failure of a State Party or international

organization to carry out its responsibilities under this Part shall entail

liability; States Parties or international organizations acting together shall bear

joint and several liability. A State Party shall not however be liable for

damage caused by any failure to comply with this Part by a person whom it

has sponsored under article 153, paragraph 2(b), if the State Party has taken

all necessary and appropriate measures to secure effective compliance under

article 153, paragraph 4, and Annex III, article 4, paragraph 4.

3. States Parties that are members of international organizations shall

take appropriate measures to ensure the implementation of this article with

respect to such organizations.

Article 140

Benefit of mankind

1. Activities in the Area shall, as specifically provided for in this Part,

be carried out for the benefit of mankind as a whole, irrespective of the

geographical location of States, whether coastal or land-locked, and taking

into particular consideration the interests and needs of developing States and

of peoples who have not attained full independence or other self-governing

status recognized by the United Nations in accordance with General

Assembly resolution 1514 (XV) and other relevant General Assembly

resolutions.

2. The Authority shall provide for the equitable sharing of financial and

other economic benefits derived from activities in the Area through any

appropriate mechanism, on a non-discriminatory basis, in accordance with

article 160, paragraph 2(f)(i).

Article 141

Use of the Area exclusively for peaceful purposes

The Area shall be open to use exclusively for peaceful purposes by all

States, whether coastal or land-locked, without discrimination and without

prejudice to the other provisions of this Part.

Article 142

Rights and legitimate interests of coastal States

1. Activities in the Area, with respect to resource deposits in the Area

which lie across limits of national jurisdiction, shall be conducted with due

regard to the rights and legitimate interests of any coastal State across whose

jurisdiction such deposits lie.

72

2. Consultations, including a system of prior notification, shall be

maintained with the State concerned, with a view to avoiding infringement of

such rights and interests. In cases where activities in the Area may result in

the exploitation of resources lying within national jurisdiction, the prior

consent of the coastal State concerned shall be required.

3. Neither this Part nor any rights granted or exercised pursuant thereto

shall affect the rights of coastal States to take such measures consistent with

the relevant provisions of Part XII as may be necessary to prevent, mitigate

or eliminate grave and imminent danger to their coastline, or related interests

from pollution or threat thereof or from other hazardous occurrences resulting

from or caused by any activities in the Area.

Article 143

Marine scientific research

1. Marine scientific research in the Area shall be carried out

exclusively for peaceful purposes and for the benefit of mankind as a whole,

in accordance with Part XIII.

2. The Authority may carry out marine scientific research concerning

the Area and its resources, and may enter into contracts for that purpose. The

Authority shall promote and encourage the conduct of marine scientific

research in the Area, and shall coordinate and disseminate the results of such

research and analysis when available.

3. States Parties may carry out marine scientific research in the Area.

States Parties shall promote international cooperation in marine scientific

research in the Area by:

(a) participating in international programmes and encouraging

cooperation in marine scientific research by personnel of

different countries and of the Authority;

(b) ensuring that programmes are developed through the Authority

or other international organizations as appropriate for the

benefit of developing States and technologically less developed

States with a view to:

(i) strengthening their research capabilities;

(ii) training their personnel and the personnel of the Authority

in the techniques and applications of research;

(iii) fostering the employment of their qualified personnel in

research in the Area;

(c) effectively disseminating the results of research and analysis

when available, through the Authority or other international

channels when appropriate.

Article 144

Transfer of technology

1. The Authority shall take measures in accordance with this

Convention:

(a) to acquire technology and scientific knowledge relating to

activities in the Area; and

(b) to promote and encourage the transfer to developing States of

such technology and scientific knowledge so that all States

Parties benefit therefrom.

73

2. To this end the Authority and States Parties shall cooperate in

promoting the transfer of technology and scientific knowledge relating to

activities in the Area so that the Enterprise and all States Parties may benefit

therefrom. In particular they shall initiate and promote:

(a) programmes for the transfer of technology to the Enterprise and

to developing States with regard to activities in the Area,

including, inter alia, facilitating the access of the Enterprise and

of developing States to the relevant technology, under fair and

reasonable terms and conditions;

(b) measures directed towards the advancement of the technology

of the Enterprise and the domestic technology of developing

States, particularly by providing opportunities to personnel

from the Enterprise and from developing States for training in

marine science and technology and for their full participation in

activities in the Area.

Article 145

Protection of the marine environment

Necessary measures shall be taken in accordance with this Convention

with respect to activities in the Area to ensure effective protection for the

marine environment from harmful effects which may arise from such

activities. To this end the Authority shall adopt appropriate rules, regulations

and procedures for inter alia:

(a) the prevention, reduction and control of pollution and other hazards

to the marine environment, including the coastline, and of

interference with the ecological balance of the marine environment,

particular attention being paid to the need for protection from

harmful effects of such activities as drilling, dredging, excavation,

disposal of waste, construction and operation or maintenance of

installations, pipelines and other devices related to such activities;

(b) the protection and conservation of the natural resources of the Area

and the prevention of damage to the flora and fauna of the marine

environment.

Article 146

Protection of human life

With respect to activities in the Area, necessary measures shall be taken

to ensure effective protection of human life. To this end the Authority shall

adopt appropriate rules, regulations and procedures to supplement existing

international law as embodied in relevant treaties.

Article 147

Accommodation of activities in the Area and in the marine environment

1.

2.

Activities in the Area shall be carried out with reasonable regard for

other activities in the marine environment.

Installations used for carrying out activities in the Area shall be

subject to the following conditions:

(a) such installations shall be erected, emplaced and removed

solely in accordance with this Part and subject to the rules,

regulations and procedures of the Authority. Due notice must

74

be given of the erection, emplacement and removal of such

installations, and permanent means for giving warning of their

presence must be maintained;

(b) such installations may not be established where interference

may be caused to the use of recognized sea lanes essential to

international navigation or in areas of intense fishing activity;

(c) safety zones shall be established around such installations with

appropriate markings to ensure the safety of both navigation

and the installations. The configuration and location of such

safety zones shall not be such as to form a belt impeding the

lawful access of shipping to particular maritime zones or

navigation along international sea lanes;

(d) such installations shall be used exclusively for peaceful

purposes;

(e) such installations do not possess the status of islands. They

have no territorial sea of their own, and their presence does not

affect the delimitation of the territorial sea, the exclusive

economic zone or the continental shelf.

3. Other activities in the marine environment shall be conducted with

reasonable regard for activities in the Area.

Article 148

Participation of developing States in activities in the Area

The effective participation of developing States in activities in the Area

shall be promoted as specifically provided for in this Part, having due regard

to their special interests and needs, and in particular to the special need of the

land-locked and geographically disadvantaged among them to overcome

obstacles arising from their disadvantaged location, including remoteness

from the Area and difficulty of access to and from it.

Article 149

Archaeological and historical objects

All objects of an archaeological and historical nature found in the Area

shall be preserved or disposed of for the benefit of mankind as a whole,

particular regard being paid to the preferential rights of the State or country

of origin, or the State of cultural origin, or the State of historical and

archaeological origin.

SECTION 3. DEVELOPMENT OF RESOURCES OF THE AREA

Article 150

Policies relating to activities in the Area

Activities in the Area shall, as specifically provided for in this Part, be

carried out in such a manner as to foster healthy development of the world

economy and balanced growth of international trade, and to promote

international cooperation for the over-all development of all countries,

especially developing States, and with a view to ensuring:

(a) the development of the resources of the Area;

(b) orderly, safe and rational management of the resources of the Area,

including the efficient conduct of activities in the Area and, in

75

accordance with sound principles of conservation, the avoidance of

unnecessary waste;

(c) the expansion of opportunities for participation in such activities

consistent in particular with articles 144 and 148;

(d) participation in revenues by the Authority and the transfer of

technology to the Enterprise and developing States as provided for

in this Convention;

(e) increased availability of the minerals derived from the Area as

needed in conjunction with minerals derived from other sources, to

ensure supplies to consumers of such minerals;

(f) the promotion of just and stable prices remunerative to producers

and fair to consumers for minerals derived both from the Area and

from other sources, and the promotion of long-term equilibrium

between supply and demand;

(g) the enhancement of opportunities for all States Parties, irrespective

of their social and economic systems or geographical location, to

participate in the development of the resources of the Area and the

prevention of monopolization of activities in the Area;

(h) the protection of developing countries from adverse effects on their

economies or on their export earnings resulting from a reduction in

the price of an affected mineral, or in the volume of exports of that

mineral, to the extent that such reduction is caused by activities in

the Area, as provided in article 151;

(i) the development of the common heritage for the benefit of mankind

as a whole; and

(j) conditions of access to markets for the imports of minerals produced

from the resources of the Area and for imports of commodities

produced from such minerals shall not be more favourable than the

most favourable applied to imports from other sources.

Article 151

Production policies

1.

(a) Without prejudice to the objectives set forth in article 150 and

for the purpose of implementing subparagraph (h) of that

article, the Authority, acting through existing forums or such

new arrangements or agreements as may be appropriate, in

which all interested parties, including both producers and

consumers, participate, shall take measures necessary to

promote the growth, efficiency and stability of markets for

those commodities produced from the minerals derived from the

Area, at prices remunerative to producers and fair to consumers.

All States Parties shall cooperate to this end.

(b) The Authority shall have the right to participate in any

commodity conference dealing with those commodities and in

which all interested parties including both producers and

consumers participate. The Authority shall have the right to

become a party to any arrangement or agreement resulting from

such conferences. Participation of the Authority in any organs

established under those arrangements or agreements shall be in

respect of production in the Area and in accordance with the

relevant rules of those organs.

76

(c) The Authority shall carry out its obligations under the

arrangements or agreements referred to in this paragraph in a

manner which assures a uniform and non-discriminatory

implementation in respect of all production in the Area of the

minerals concerned. In doing so, the Authority shall act in a

manner consistent with the terms of existing contracts and

approved plans of work of the Enterprise.

2. (a) During the interim period specified in paragraph 3, commercial

production shall not be undertaken pursuant to an approved

plan of work until the operator has applied for and has been

issued a production authorization by the Authority. Such

production authorizations may not be applied for or issued more

than five years prior to the planned commencement of

commercial production under the plan of work unless, having

regard to the nature and timing of project development, the

rules, regulations and procedures of the Authority prescribe

another period.

(b) In the application for the production authorization, the operator

shall specify the annual quantity of nickel expected to be

recovered under the approved plan of work. The application

shall include a schedule of expenditures to be made by the

operator after he has received the authorization which are

reasonably calculated to allow him to begin commercial

production on the date planned.

(c) For the purposes of subparagraphs (a) and (b), the Authority

shall establish appropriate performance requirements in

accordance with Annex III, article 17.

(d) The Authority shall issue a production authorization for the

level of production applied for unless the sum of that level and

the levels already authorized exceeds the nickel production

ceiling, as calculated pursuant to paragraph 4 in the year of

issuance of the authorization, during any year of planned

production falling within the interim period.

(e) When issued, the production authorization and approved

application shall become a part of the approved plan of work.

(f) If the operator's application for a production authorization is

denied pursuant to subparagraph (d), the operator may apply

again to the Authority at any time.

3. The interim period shall begin five years prior to 1 January of the

year in which the earliest commercial production is planned to commence

under an approved plan of work. If the earliest commercial production is

delayed beyond the year originally planned, the beginning of the interim

period and the production ceiling originally calculated shall be adjusted

accordingly. The interim period shall last 25 years or until the end of the

Review Conference referred to in article 155 or until the day when such new

arrangements or agreements as are referred to in paragraph 1 enter into force,

whichever is earliest. The Authority shall resume the power provided in this

article for the remainder of the interim period if the said arrangements or

agreements should lapse or become ineffective for any reason whatsoever.

4. (a) The production ceiling for any year of the interim period shall

be the sum of:

(i) the difference between the trend line values for nickel

consumption, as calculated pursuant to subparagraph (b),

77

for the year immediately prior to the year of the earliest

commercial production and the year immediately prior to

the commencement of the interim period; and

(ii) sixty per cent of the difference between the trend line

values for nickel consumption, as calculated pursuant to

subparagraph (b), for the year for which the production

authorization is being applied for and the year

immediately prior to the year of the earliest commercial

production.

(b) For the purposes of subparagraph (a):

(i) trend line values used for computing the nickel production

ceiling shall be those annual nickel consumption values

on a trend line computed during the year in which a

production authorization is issued. The trend line shall be

derived from a linear regression of the logarithms of

actual nickel consumption for the most recent 15-year

period for which such data are available, time being the

independent variable. This trend line shall be referred to

as the original trend line;

(ii) if the annual rate of increase of the original trend line is

less than 3 per cent, then the trend line used to determine

the quantities referred to in subparagraph (a) shall instead

be one passing through the original trend line at the value

for the first year of the relevant 15-year period, and

increasing at 3 per cent annually; provided however that

the production ceiling established for any year of the

interim period may not in any case exceed the difference

between the original trend line value for that year and the

original trend line value for the year immediately prior to

the commencement of the interim period.

5. The Authority shall reserve to the Enterprise for its initial production

a quantity of 38,000 metric tonnes of nickel from the available production

ceiling calculated pursuant to paragraph 4.

6. (a) An operator may in any year produce less than or up to

8 per cent more than the level of annual production of minerals

from polymetallic nodules specified in his production

authorization, provided that the over-all amount of production

shall not exceed that specified in the authorization. Any excess

over 8 per cent and up to 20 per cent in any year, or any excess

in the first and subsequent years following two consecutive

years in which excesses occur, shall be negotiated with the

Authority, which may require the operator to obtain a

supplementary production authorization to cover additional

production.

(b) Applications for such supplementary production authorizations

shall be considered by the Authority only after all pending

applications by operators who have not yet received production

authorizations have been acted upon and due account has been

taken of other likely applicants. The Authority shall be guided

by the principle of not exceeding the total production allowed

under the production ceiling in any year of the interim period.

It shall not authorize the production under any plan of work of

a quantity in excess of 46,500 metric tonnes of nickel per year.

78

7. The levels of production of other metals such as copper, cobalt and

manganese extracted from the polymetallic nodules that are recovered

pursuant to a production authorization should not be higher than those which

would have been produced had the operator produced the maximum level of

nickel from those nodules pursuant to this article. The Authority shall

establish rules, regulations and procedures pursuant to Annex III, article 17,

to implement this paragraph.

8. Rights and obligations relating to unfair economic practices under

relevant multilateral trade agreements shall apply to the exploration for and

exploitation of minerals from the Area. In the settlement of disputes arising

under this provision, States Parties which are Parties to such multilateral trade

agreements shall have recourse to the dispute settlement procedures of such

agreements.

9. The Authority shall have the power to limit the level of production

of minerals from the Area, other than minerals from polymetallic nodules,

under such conditions and applying such methods as may be appropriate by

adopting regulations in accordance with article 161, paragraph 8.

10. Upon the recommendation of the Council on the basis of advice

from the Economic Planning Commission, the Assembly shall establish a

system of compensation or take other measures of economic adjustment

assistance including cooperation with specialized agencies and other

international organizations to assist developing countries which suffer serious

adverse effects on their export earnings or economies resulting from a

reduction in the price of an affected mineral or in the volume of exports of

that mineral, to the extent that such reduction is caused by activities in the

Area. The Authority on request shall initiate studies on the problems of those

States which are likely to be most seriously affected with a view to

minimizing their difficulties and assisting them in their economic adjustment.

Article 152

Exercise of powers and functions by the Authority

1. The Authority shall avoid discrimination in the exercise of its

powers and functions, including the granting of opportunities for activities in

the Area.

2. Nevertheless, special consideration for developing States, including

particular consideration for the land-locked and geographically disadvantaged

among them, specifically provided for in this Part shall be permitted.

Article 153

System of exploration and exploitation

1. Activities in the Area shall be organized, carried out and controlled

by the Authority on behalf of mankind as a whole in accordance with this

article as well as other relevant provisions of this Part and the relevant

Annexes, and the rules, regulations and procedures of the Authority.

2. Activities in the Area shall be carried out as prescribed in

paragraph 3:

(a) by the Enterprise, and

(b) in association with the Authority by States Parties, or state

enterprises or natural or juridical persons which possess the

nationality of States Parties or are effectively controlled by

them or their nationals, when sponsored by such States, or any

79

group of the foregoing which meets the requirements provided

in this Part and in Annex III.

3. Activities in the Area shall be carried out in accordance with a

formal written plan of work drawn up in accordance with Annex III and

approved by the Council after review by the Legal and Technical

Commission. In the case of activities in the Area carried out as authorized by

the Authority by the entities specified in paragraph 2(b), the plan of work

shall, in accordance with Annex III, article 3, be in the form of a contract.

Such contracts may provide for joint arrangements in accordance with

Annex III, article 11.

4. The Authority shall exercise such control over activities in the Area

as is necessary for the purpose of securing compliance with the relevant

provisions of this Part and the Annexes relating thereto, and the rules,

regulations and procedures of the Authority, and the plans of work approved

in accordance with paragraph 3. States Parties shall assist the Authority by

taking all measures necessary to ensure such compliance in accordance with

article 139.

5. The Authority shall have the right to take at any time any measures

provided for under this Part to ensure compliance with its provisions and the

exercise of the functions of control and regulation assigned to it thereunder

or under any contract. The Authority shall have the right to inspect all

installations in the Area used in connection with activities in the Area.

6. A contract under paragraph 3 shall provide for security of tenure.

Accordingly, the contract shall not be revised, suspended or terminated except

in accordance with Annex III, articles 18 and 19.

Article 154

Periodic review

Every five years from the entry into force of this Convention, the

Assembly shall undertake a general and systematic review of the manner in

which the international regime of the Area established in this Convention has

operated in practice. In the light of this review the Assembly may take, or

recommend that other organs take, measures in accordance with the

provisions and procedures of this Part and the Annexes relating thereto which

will lead to the improvement of the operation of the regime.

Article 155

The Review Conference

1. Fifteen years from 1 January of the year in which the earliest

commercial production commences under an approved plan of work, the

Assembly shall convene a conference for the review of those provisions of

this Part and the relevant Annexes which govern the system of exploration

and exploitation of the resources of the Area. The Review Conference shall

consider in detail, in the light of the experience acquired during that period:

(a) whether the provisions of this Part which govern the system of

exploration and exploitation of the resources of the Area have

achieved their aims in all respects, including whether they have

benefited mankind as a whole;

(b) whether, during the 15-year period, reserved areas have been

exploited in an effective and balanced manner in comparison

with non-reserved areas;

80

(c) whether the development and use of the Area and its resources

have been undertaken in such a manner as to foster healthy

development of the world economy and balanced growth of

international trade;

(d) whether monopolization of activities in the Area has been

prevented;

(e) whether the policies set forth in articles 150 and 151 have been

fulfilled; and

(f) whether the system has resulted in the equitable sharing of

benefits derived from activities in the Area, taking into

particular consideration the interests and needs of the

developing States.

2. The Review Conference shall ensure the maintenance of the

principle of the common heritage of mankind, the international regime

designed to ensure equitable exploitation of the resources of the Area for the

benefit of all countries, especially the developing States, and an Authority to

organize, conduct and control activities in the Area. It shall also ensure the

maintenance of the principles laid down in this Part with regard to the

exclusion of claims or exercise of sovereignty over any part of the Area, the

rights of States and their general conduct in relation to the Area, and their

participation in activities in the Area in conformity with this Convention, the

prevention of monopolization of activities in the Area, the use of the Area

exclusively for peaceful purposes, economic aspects of activities in the Area,

marine scientific research, transfer of technology, protection of the marine

environment, protection of human life, rights of coastal States, the legal status

of the waters superjacent to the Area and that of the air space above those

waters and accommodation between activities in the Area and other activities

in the marine environment.

3. The decision-making procedure applicable at the Review Conference

shall be the same as that applicable at the Third United Nations Conference

on the Law of the Sea. The Conference shall make every effort to reach

agreement on any amendments by way of consensus and there should be no

voting on such matters until all efforts at achieving consensus have been

exhausted.

4. If, five years after its commencement, the Review Conference has

not reached agreement on the system of exploration and exploitation of the

resources of the Area, it may decide during the ensuing 12 months, by a

three-fourths majority of the States Parties, to adopt and submit to the States

Parties for ratification or accession such amendments changing or modifying

the system as it determines necessary and appropriate. Such amendments

shall enter into force for all States Parties 12 months after the deposit of

instruments of ratification or accession by three fourths of the States Parties.

5. Amendments adopted by the Review Conference pursuant to this

article shall not affect rights acquired under existing contracts.

81

SECTION 4. THE AUTHORITY

SUBSECTION A. GENERAL PROVISIONS

Article 156

Establishment of the Authority

1. There is hereby established the International Seabed Authority,

which shall function in accordance with this Part.

2. All States Parties are ipso facto members of the Authority.

3. Observers at the Third United Nations Conference on the Law of the

Sea who have signed the Final Act and who are not referred to in article 305,

paragraph 1(c), (d), (e) or (f), shall have the right to participate in the

Authority as observers, in accordance with its rules, regulations and

procedures.

4. The seat of the Authority shall be in Jamaica.

5. The Authority may establish such regional centres or offices as it

deems necessary for the exercise of its functions.

Article 157

Nature and fundamental principles of the Authority

1. The Authority is the organization through which States Parties shall,

in accordance with this Part, organize and control activities in the Area,

particularly with a view to administering the resources of the Area.

2. The powers and functions of the Authority shall be those expressly

conferred upon it by this Convention. The Authority shall have such

incidental powers, consistent with this Convention, as are implicit in and

necessary for the exercise of those powers and functions with respect to

activities in the Area.

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

all its members.

4. All members of the Authority shall fulfil in good faith the

obligations assumed by them in accordance with this Part in order to ensure

to all of them the rights and benefits resulting from membership.

Article 158

Organs of the Authority

1. There are hereby established, as the principal organs of the

Authority, an Assembly, a Council and a Secretariat.

2. There is hereby established the Enterprise, the organ through which

the Authority shall carry out the functions referred to in article 170,

paragraph 1.

3. Such subsidiary organs as may be found necessary may be

established in accordance with this Part.

4. Each principal organ of the Authority and the Enterprise shall be

responsible for exercising those powers and functions which are conferred

upon it. In exercising such powers and functions each organ shall avoid

taking any action which may derogate from or impede the exercise of specific

powers and functions conferred upon another organ.

82

SUBSECTION B. THE ASSEMBLY

Article 159

Composition, procedure and voting

1. The Assembly shall consist of all the members of the Authority.

Each member shall have one representative in the Assembly, who may be

accompanied by alternates and advisers.

2. The Assembly shall meet in regular annual sessions and in such

special sessions as may be decided by the Assembly, or convened by the

Secretary-General at the request of the Council or of a majority of the

members of the Authority.

3. Sessions shall take place at the seat of the Authority unless otherwise

decided by the Assembly.

4. The Assembly shall adopt its rules of procedure. At the beginning

of each regular session, it shall elect its President and such other officers as

may be required. They shall hold office until a new President and other

officers are elected at the next regular session.

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

quorum.

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

7. Decisions on questions of procedure, including decisions to convene

special sessions of the Assembly, shall be taken by a majority of the members

present and voting.

8. Decisions on questions of substance shall be taken by a two-thirds

majority of the members present and voting, provided that such majority

includes a majority of the members participating in the session. When the

issue arises as to whether a question is one of substance or not, that question

shall be treated as one of substance unless otherwise decided by the Assembly

by the majority required for decisions on questions of substance.

9. When a question of substance comes up for voting for the first time,

the President may, and shall, if requested by at least one fifth of the members

of the Assembly, defer the issue of taking a vote on that question for a period

not exceeding five calendar days. This rule may be applied only once to any

question, and shall not be applied so as to defer the question beyond the end

of the session.

10. Upon a written request addressed to the President and sponsored by

at least one fourth of the members of the Authority for an advisory opinion

on the conformity with this Convention of a proposal before the Assembly on

any matter, the Assembly shall request the Seabed Disputes Chamber of the

International Tribunal for the Law of the Sea to give an advisory opinion

thereon and shall defer voting on that proposal pending receipt of the

advisory opinion by the Chamber. If the advisory opinion is not received

before the final week of the session in which it is requested, the Assembly

shall decide when it will meet to vote upon the deferred proposal.

Article 160

Powers and functions

1. The Assembly, as the sole organ of the Authority consisting of all

the members, shall be considered the supreme organ of the Authority to which

the other principal organs shall be accountable as specifically provided for in

this Convention. The Assembly shall have the power to establish general

83

policies in conformity with the relevant provisions of this Convention on any

question or matter within the competence of the Authority.

2. In addition, the powers and functions of the Assembly shall be:

(a) to elect the members of the Council in accordance with

article 161;

(b) to elect the Secretary-General from among the candidates

proposed by the Council;

(c) to elect, upon the recommendation of the Council, the members

of the Governing Board of the Enterprise and the

Director-General of the Enterprise;

(d) to establish such subsidiary organs as it finds necessary for the

exercise of its functions in accordance with this Part. In the

composition of these subsidiary organs due account shall be

taken of the principle of equitable geographical distribution and

of special interests and the need for members qualified and

competent in the relevant technical questions dealt with by such

organs;

(e) to assess the contributions of members to the administrative

budget of the Authority in accordance with an agreed scale of

assessment based upon the scale used for the regular budget of

the United Nations until the Authority shall have sufficient

income from other sources to meet its administrative expenses;

(f) (i) to consider and approve, upon the recommendation of the

Council, the rules, regulations and procedures on the

equitable sharing of financial and other economic benefits

derived from activities in the Area and the payments and

contributions made pursuant to article 82, taking into

particular consideration the interests and needs of

developing States and peoples who have not attained full

independence or other self-governing status. If the

Assembly does not approve the recommendations of the

Council, the Assembly shall return them to the Council

for reconsideration in the light of the views expressed by

the Assembly;

(ii) to consider and approve the rules, regulations and

procedures of the Authority, and any amendments thereto,

provisionally adopted by the Council pursuant to

article 162, paragraph 2 (o)(ii). These rules, regulations

and procedures shall relate to prospecting, exploration

and exploitation in the Area, the financial management

and internal administration of the Authority, and, upon the

recommendation of the Governing Board of the

Enterprise, to the transfer of funds from the Enterprise to

the Authority;

(g) to decide upon the equitable sharing of financial and other

economic benefits derived from activities in the Area,

consistent with this Convention and the rules, regulations and

procedures of the Authority;

(h) to consider and approve the proposed annual budget of the

Authority submitted by the Council;

(i) to examine periodic reports from the Council and from the

Enterprise and special reports requested from the Council or

any other organ of the Authority;

84

(j) to initiate studies and make recommendations for the purpose

of promoting international cooperation concerning activities in

the Area and encouraging the progressive development of

international law relating thereto and its codification;

(k) to consider problems of a general nature in connection with

activities in the Area arising in particular for developing States,

as well as those problems for States in connection with

activities in the Area that are due to their geographical location,

particularly for land-locked and geographically disadvantaged

States;

(l) to establish, upon the recommendation of the Council, on the

basis of advice from the Economic Planning Commission, a

system of compensation or other measures of economic

adjustment assistance as provided in article 151, paragraph 10;

(m) to suspend the exercise of rights and privileges of membership

pursuant to article 185;

(n) to discuss any question or matter within the competence of the

Authority and to decide as to which organ of the Authority shall

deal with any such question or matter not specifically entrusted

to a particular organ, consistent with the distribution of powers

and functions among the organs of the Authority.

SUBSECTION C. THE COUNCIL

Article 161

Composition, procedure and voting

1. The Council shall consist of 36 members of the Authority elected by

the Assembly in the following order:

(a) four members from among those States Parties which, during

the last five years for which statistics are available, have either

consumed more than 2 per cent of total world consumption or

have had net imports of more than 2 per cent of total world

imports of the commodities produced from the categories of

minerals to be derived from the Area, and in any case one State

from the Eastern European (Socialist) region, as well as the

largest consumer;

(b) four members from among the eight States Parties which have

the largest investments in preparation for and in the conduct of

activities in the Area, either directly or through their nationals,

including at least one State from the Eastern European

(Socialist) region;

(c) four members from among States Parties which on the basis of

production in areas under their jurisdiction are major net

exporters of the categories of minerals to be derived from the

Area, including at least two developing States whose exports of

such minerals have a substantial bearing upon their economies;

(d) six members from among developing States Parties,

representing special interests. The special interests to be

represented shall include those of States with large populations,

States which are land-locked or geographically disadvantaged,

States which are major importers of the categories of minerals

85

to be derived from the Area, States which are potential

producers of such minerals, and least developed States;

(e) eighteen members elected according to the principle of ensuring

an equitable geographical distribution of seats in the Council as

a whole, provided that each geographical region shall have at

least one member elected under this subparagraph. For this

purpose, the geographical regions shall be Africa, Asia, Eastern

European (Socialist), Latin America and Western European and

Others.

2. In electing the members of the Council in accordance with

paragraph 1, the Assembly shall ensure that:

(a) land-locked and geographically disadvantaged States are

represented to a degree which is reasonably proportionate to

their representation in the Assembly;

(b) coastal States, especially developing States, which do not

qualify under paragraph 1(a), (b), (c) or (d) are represented to

a degree which is reasonably proportionate to their

representation in the Assembly;

(c) each group of States Parties to be represented on the Council is

represented by those members, if any, which are nominated by

that group.

3. Elections shall take place at regular sessions of the Assembly. Each

member of the Council shall be elected for four years. At the first election,

however, the term of one half of the members of each group referred to in

paragraph l shall be two years.

4. Members of the Council shall be eligible for re-election, but due

regard should be paid to the desirability of rotation of membership.

5. The Council shall function at the seat of the Authority, and shall

meet as often as the business of the Authority may require, but not less than

three times a year.

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

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

8. (a) Decisions on questions of procedure shall be taken by a

majority of the members present and voting.

(b) Decisions on questions of substance arising under the following

provisions shall be taken by a two-thirds majority of the

members present and voting, provided that such majority

includes a majority of the members of the Council: article 162,

paragraph 2, subparagraphs (f); (g); (h); (i); (n); (p); (v);

article 191.

(c) Decisions on questions of substance arising under the following

provisions shall be taken by a three-fourths majority of the

members present and voting, provided that such majority

includes a majority of the members of the Council: article 162,

paragraph 1; article 162, paragraph 2, subparagraphs (a);

(b); (c); (d); (e); (l); (q); (r); (s); (t); (u) in cases of

non-compliance by a contractor or a sponsor; (w) provided that

orders issued thereunder may be binding for not more than

30 days unless confirmed by a decision taken in accordance

with subparagraph (d); article 162, paragraph 2,

subparagraphs (x); (y); (z); article 163, paragraph 2; article 174,

paragraph 3; Annex IV, article 11.

86

(d) Decisions on questions of substance arising under the following

provisions shall be taken by consensus: article 162,

paragraph 2(m) and (o); adoption of amendments to Part XI.

(e) For the purposes of subparagraphs (d), (f) and (g), "consensus"

means the absence of any formal objection. Within 14 days of

the submission of a proposal to the Council, the President of the

Council shall determine whether there would be a formal

objection to the adoption of the proposal. If the President

determines that there would be such an objection, the President

shall establish and convene, within three days following such

determination, a conciliation committee consisting of not more

than nine members of the Council, with the President as

chairman, for the purpose of reconciling the differences and

producing a proposal which can be adopted by consensus. The

committee shall work expeditiously and report to the Council

within 14 days following its establishment. If the committee is

unable to recommend a proposal which can be adopted by

consensus, it shall set out in its report the grounds on which the

proposal is being opposed.

(f) Decisions on questions not listed above which the Council is

authorized to take by the rules, regulations and procedures of

the Authority or otherwise shall be taken pursuant to the

subparagraphs of this paragraph specified in the rules,

regulations and procedures or, if not specified therein, then

pursuant to the subparagraph determined by the Council if

possible in advance, by consensus.

(g) When the issue arises as to whether a question is within

subparagraph (a), (b), (c) or (d), the question shall be treated as

being within the subparagraph requiring the higher or highest

majority or consensus as the case may be, unless otherwise

decided by the Council by the said majority or by consensus.

9. The Council shall establish a procedure whereby a member of the

Authority not represented on the Council may send a representative to attend

a meeting of the Council when a request is made by such member, or a matter

particularly affecting it is under consideration. Such a representative shall be

entitled to participate in the deliberations but not to vote.

Article 162

Powers and functions

1. The Council is the executive organ of the Authority. The Council

shall have the power to establish, in conformity with this Convention and the

general policies established by the Assembly, the specific policies to be

pursued by the Authority on any question or matter within the competence of

the Authority.

2. In addition, the Council shall:

(a) supervise and coordinate the implementation of the provisions

of this Part on all questions and matters within the competence

of the Authority and invite the attention of the Assembly to

cases of non-compliance;

(b) propose to the Assembly a list of candidates for the election of

the Secretary-General;

87

(c) recommend to the Assembly candidates for the election of the

members of the Governing Board of the Enterprise and the

Director-General of the Enterprise;

(d) establish, as appropriate, and with due regard to economy and

efficiency, such subsidiary organs as it finds necessary for the

exercise of its functions in accordance with this Part. In the

composition of subsidiary organs, emphasis shall be placed on

the need for members qualified and competent in relevant

technical matters dealt with by those organs provided that due

account shall be taken of the principle of equitable geographical

distribution and of special interests;

(e) adopt its rules of procedure including the method of selecting

its president;

(f) enter into agreements with the United Nations or other

international organizations on behalf of the Authority and

within its competence, subject to approval by the Assembly;

(g) consider the reports of the Enterprise and transmit them to the

Assembly with its recommendations;

(h) present to the Assembly annual reports and such special reports

as the Assembly may request;

(i) issue directives to the Enterprise in accordance with article 170;

(j) approve plans of work in accordance with Annex III, article 6.

The Council shall act upon each plan of work within 60 days of

its submission by the Legal and Technical Commission at a

session of the Council in accordance with the following

procedures:

(i) if the Commission recommends the approval of a plan of

work, it shall be deemed to have been approved by the

Council if no member of the Council submits in writing

to the President within 14 days a specific objection

alleging non-compliance with the requirements of

Annex III, article 6. If there is an objection, the

conciliation procedure set forth in article 161,

paragraph 8(e), shall apply. If, at the end of the

conciliation procedure, the objection is still maintained,

the plan of work shall be deemed to have been approved

by the Council unless the Council disapproves it by

consensus among its members excluding any State or

States making the application or sponsoring the applicant;

(ii) if the Commission recommends the disapproval of a plan

of work or does not make a recommendation, the Council

may approve the plan of work by a three-fourths majority

of the members present and voting, provided that such

majority includes a majority of the members participating

in the session;

(k) approve plans of work submitted by the Enterprise in

accordance with Annex IV, article 12, applying, mutatis

mutandis, the procedures set forth in subparagraph (j);

(l) exercise control over activities in the Area in accordance with

article 153, paragraph 4, and the rules, regulations and

procedures of the Authority;

(m) take, upon the recommendation of the Economic Planning

Commission, necessary and appropriate measures in accordance

88

with article 150, subparagraph (h), to provide protection from

the adverse economic effects specified therein;

(n) make recommendations to the Assembly, on the basis of advice

from the Economic Planning Commission, for a system of

compensation or other measures of economic adjustment

assistance as provided in article 151, paragraph 10;

(o) (i) recommend to the Assembly rules, regulations and

procedures on the equitable sharing of financial and other

economic benefits derived from activities in the Area and

the payments and contributions made pursuant to

article 82, taking into particular consideration the interests

and needs of the developing States and peoples who have

not attained full independence or other self-governing

status;

(ii) adopt and apply provisionally, pending approval by the

Assembly, the rules, regulations and procedures of the

Authority, and any amendments thereto, taking into

account the recommendations of the Legal and Technical

Commission or other subordinate organ concerned. These

rules, regulations and procedures shall relate to

prospecting, exploration and exploitation in the Area and

the financial management and internal administration of

the Authority. Priority shall be given to the adoption of

rules, regulations and procedures for the exploration for

and exploitation of polymetallic nodules.

Rules,

regulations and procedures for the exploration for and

exploitation of any resource other than polymetallic

nodules shall be adopted within three years from the date

of a request to the Authority by any of its members to

adopt such rules, regulations and procedures in respect of

such resource. All rules, regulations and procedures shall

remain in effect on a provisional basis until approved by

the Assembly or until amended by the Council in the light

of any views expressed by the Assembly;

(p) review the collection of all payments to be made by or to the

Authority in connection with operations pursuant to this Part;

(q) make the selection from among applicants for production

authorizations pursuant to Annex III, article 7, where such

selection is required by that provision;

(r) submit the proposed annual budget of the Authority to the

Assembly for its approval;

(s) make recommendations to the Assembly concerning policies on

any question or matter within the competence of the Authority;

(t) make recommendations to the Assembly concerning suspension

of the exercise of the rights and privileges of membership

pursuant to article 185;

(u) institute proceedings on behalf of the Authority before the

Seabed Disputes Chamber in cases of non-compliance;

(v) notify the Assembly upon a decision by the Seabed Disputes

Chamber in proceedings instituted under subparagraph (u), and

make any recommendations which it may find appropriate with

respect to measures to be taken;

89

(w) issue emergency orders, which may include orders for the

suspension or adjustment of operations, to prevent serious harm

to the marine environment arising out of activities in the Area;

(x) disapprove areas for exploitation by contractors or the

Enterprise in cases where substantial evidence indicates the risk

of serious harm to the marine environment;

(y) establish a subsidiary organ for the elaboration of draft

financial rules, regulations and procedures relating to:

(i) financial management in accordance with articles 171

to 175; and

(ii) financial arrangements in accordance with Annex III,

article 13 and article 17, paragraph 1(c);

(z) establish appropriate mechanisms for directing and supervising

a staff of inspectors who shall inspect activities in the Area to

determine whether this Part, the rules, regulations and

procedures of the Authority, and the terms and conditions of

any contract with the Authority are being complied with.

Article 163

Organs of the Council

1.

There are hereby established the following organs of the Council:

(a) an Economic Planning Commission;

(b) a Legal and Technical Commission.

2. Each Commission shall be composed of 15 members, elected by the

Council from among the candidates nominated by the States Parties.

However, if necessary, the Council may decide to increase the size of either

Commission having due regard to economy and efficiency.

3. Members of a Commission shall have appropriate qualifications in

the area of competence of that Commission. States Parties shall nominate

candidates of the highest standards of competence and integrity with

qualifications in relevant fields so as to ensure the effective exercise of the

functions of the Commissions.

4. In the election of members of the Commissions, due account shall

be taken of the need for equitable geographical distribution and the

representation of special interests.

5. No State Party may nominate more than one candidate for the same

Commission. No person shall be elected to serve on more than one

Commission.

6. Members of the Commissions shall hold office for a term of five

years. They shall be eligible for re-election for a further term.

7. In the event of the death, incapacity or resignation of a member of

a Commission prior to the expiration of the term of office, the Council shall

elect for the remainder of the term, a member from the same geographical

region or area of interest.

8. Members of Commissions shall have no financial interest in any

activity relating to exploration and exploitation in the Area. Subject to their

responsibilities to the Commissions upon which they serve, they shall not

disclose, even after the termination of their functions, any industrial secret,

proprietary data which are transferred to the Authority in accordance with

knowledge by reason of their duties for the Authority.

90

9. Each Commission shall exercise its functions in accordance with

such guidelines and directives as the Council may adopt.

10. Each Commission shall formulate and submit to the Council for

approval such rules and regulations as may be necessary for the efficient

conduct of the Commission's functions.

11. The decision-making procedures of the Commissions shall be

established by the rules, regulations and procedures of the Authority.

Recommendations to the Council shall, where necessary, be accompanied by

a summary on the divergencies of opinion in the Commission.

12. Each Commission shall normally function at the seat of the

Authority and shall meet as often as is required for the efficient exercise of

its functions.

13. In the exercise of its functions, each Commission may, where

appropriate, consult another commission, any competent organ of the United

Nations or of its specialized agencies or any international organizations with

competence in the subject-matter of such consultation.

Article 164

The Economic Planning Commission

1. Members of the Economic Planning Commission shall have

appropriate qualifications such as those relevant to mining, management of

mineral resource activities, international trade or international economics.

The Council shall endeavour to ensure that the membership of the

Commission reflects all appropriate qualifications. The Commission shall

include at least two members from developing States whose exports of the

categories of minerals to be derived from the Area have a substantial bearing

upon their economies.

2. The Commission shall:

(a) propose, upon the request of the Council, measures to

implement decisions relating to activities in the Area taken in

accordance with this Convention;

(b) review the trends of and the factors affecting supply, demand

and prices of minerals which may be derived from the Area,

bearing in mind the interests of both importing and exporting

countries, and in particular of the developing States among

them;

(c) examine any situation likely to lead to the adverse effects

referred to in article 150, subparagraph (h), brought to its

attention by the State Party or States Parties concerned, and

make appropriate recommendations to the Council;

(d) propose to the Council for submission to the Assembly, as

provided in article 151, paragraph 10, a system of compensation

or other measures of economic adjustment assistance for

developing States which suffer adverse effects caused by

activities in the Area. The Commission shall make the

recommendations to the Council that are necessary for the

application of the system or other measures adopted by the

Assembly in specific cases.

91

Article 165

The Legal and Technical Commission

1. Members of the Legal and Technical Commission shall have

appropriate qualifications such as those relevant to exploration for and

exploitation and processing of mineral resources, oceanology, protection of

the marine environment, or economic or legal matters relating to ocean

mining and related fields of expertise. The Council shall endeavour to ensure

that the membership of the Commission reflects all appropriate qualifications.

2. The Commission shall:

(a) make recommendations with regard to the exercise of the

Authority's functions upon the request of the Council;

(b) review formal written plans of work for activities in the Area in

accordance with article 153, paragraph 3, and submit

appropriate recommendations to the Council. The Commission

shall base its recommendations solely on the grounds stated in

(c) supervise, upon the request of the Council, activities in the

Area, where appropriate, in consultation and collaboration with

any entity carrying out such activities or State or States

concerned and report to the Council;

(d) prepare assessments of the environmental implications of

activities in the Area;

(e) make recommendations to the Council on the protection of the

marine environment, taking into account the views of

recognized experts in that field;

(f) formulate and submit to the Council the rules, regulations and

procedures referred to in article 162, paragraph 2(o), taking into

account all relevant factors including assessments of the

environmental implications of activities in the Area;

(g) keep such rules, regulations and procedures under review and

recommend to the Council from time to time such amendments

thereto as it may deem necessary or desirable;

(h) make recommendations to the Council regarding the

establishment of a monitoring programme to observe, measure,

evaluate and analyse, by recognized scientific methods, on a

regular basis, the risks or effects of pollution of the marine

environment resulting from activities in the Area, ensure that

existing regulations are adequate and are complied with and

coordinate the implementation of the monitoring programme

approved by the Council;

(i) recommend to the Council that proceedings be instituted on

behalf of the Authority before the Seabed Disputes Chamber,

in accordance with this Part and the relevant Annexes taking

into account particularly article 187;

(j) make recommendations to the Council with respect to measures

to be taken, upon a decision by the Seabed Disputes Chamber

in proceedings instituted in accordance with subparagraph (i);

(k) make recommendations to the Council to issue emergency

orders, which may include orders for the suspension or

adjustment of operations, to prevent serious harm to the marine

environment arising out of activities in the Area. Such

92

recommendations shall be taken up by the Council on a priority

basis;

(l) make recommendations to the Council to disapprove areas for

exploitation by contractors or the Enterprise in cases where

substantial evidence indicates the risk of serious harm to the

marine environment;

(m) make recommendations to the Council regarding the direction

and supervision of a staff of inspectors who shall inspect

activities in the Area to determine whether the provisions of this

the terms and conditions of any contract with the Authority are

being complied with;

(n) calculate the production ceiling and issue production

authorizations on behalf of the Authority pursuant to

article 151, paragraphs 2 to 7, following any necessary selection

among applicants for production authorizations by the Council

in accordance with Annex III, article 7.

3. The members of the Commission shall, upon request by any State

Party or other party concerned, be accompanied by a representative of such

State or other party concerned when carrying out their function of supervision

and inspection.

SUBSECTION D. THE SECRETARIAT

Article 166

The Secretariat

1. The Secretariat of the Authority shall comprise a Secretary-General

and such staff as the Authority may require.

2. The Secretary-General shall be elected for four years by the

Assembly from among the candidates proposed by the Council and may be

re-elected.

3. The Secretary-General shall be the chief administrative officer of the

Authority, and shall act in that capacity in all meetings of the Assembly, of

the Council and of any subsidiary organ, and shall perform such other

administrative functions as are entrusted to the Secretary-General by these

organs.

4. The Secretary-General shall make an annual report to the Assembly

on the work of the Authority.

Article 167

The staff of the Authority

1. The staff of the Authority shall consist of such qualified scientific

and technical and other personnel as may be required to fulfil the

administrative functions of the Authority.

2. The paramount consideration in the recruitment and employment of

the staff and in the determination of their conditions of service shall be the

necessity of securing the highest standards of efficiency, competence and

integrity. Subject to this consideration, due regard shall be paid to the

importance of recruiting the staff on as wide a geographical basis as possible.

3. The staff shall be appointed by the Secretary-General. The terms

and conditions on which they shall be appointed, remunerated and dismissed

93

shall be in accordance with the rules, regulations and procedures of the

Authority.

Article 168

International character of the Secretariat

1. In the performance of their duties the Secretary-General and the staff

shall not seek or receive instructions from any government or from any other

source external to the Authority. They shall refrain from any action which

might reflect on their position as international officials responsible only to the

Authority. Each State Party undertakes to respect the exclusively

international character of the responsibilities of the Secretary-General and the

staff and not to seek to influence them in the discharge of their

responsibilities. Any violation of responsibilities by a staff member shall be

submitted to the appropriate administrative tribunal as provided in the rules,

regulations and procedures of the Authority.

2. The Secretary-General and the staff shall have no financial interest

in any activity relating to exploration and exploitation in the Area. Subject

to their responsibilities to the Authority, they shall not disclose, even after the

termination of their functions, any industrial secret, proprietary data which are

transferred to the Authority in accordance with Annex III, article 14, or any

other confidential information coming to their knowledge by reason of their

employment with the Authority.

3. Violations of the obligations of a staff member of the Authority set

forth in paragraph 2 shall, on the request of a State Party affected by such

violation, or a natural or juridical person, sponsored by a State Party as

provided in article 153, paragraph 2(b), and affected by such violation, be

submitted by the Authority against the staff member concerned to a tribunal

designated by the rules, regulations and procedures of the Authority. The

Party affected shall have the right to take part in the proceedings. If the

tribunal so recommends, the Secretary-General shall dismiss the staff member

concerned.

4. The rules, regulations and procedures of the Authority shall contain

such provisions as are necessary to implement this article.

Article 169

Consultation and cooperation with international

and non-governmental organizations

1. The Secretary-General shall, on matters within the competence of the

Authority, make suitable arrangements, with the approval of the Council, for

consultation and cooperation with international and non-governmental

organizations recognized by the Economic and Social Council of the United

Nations.

2. Any organization with which the Secretary-General has entered into

an arrangement under paragraph 1 may designate representatives to attend

meetings of the organs of the Authority as observers in accordance with the

rules of procedure of these organs. Procedures shall be established for

obtaining the views of such organizations in appropriate cases.

3. The Secretary-General may distribute to States Parties written

reports submitted by the non-governmental organizations referred to in

paragraph l on subjects in which they have special competence and which are

related to the work of the Authority.

94

SUBSECTION E. THE ENTERPRISE

Article 170

The Enterprise

1. The Enterprise shall be the organ of the Authority which shall carry

out activities in the Area directly, pursuant to article 153, paragraph 2(a), as

well as the transporting, processing and marketing of minerals recovered from

the Area.

2. The Enterprise shall, within the framework of the international legal

personality of the Authority, have such legal capacity as is provided for in the

Statute set forth in Annex IV. The Enterprise shall act in accordance with

this Convention and the rules, regulations and procedures of the Authority,

as well as the general policies established by the Assembly, and shall be

subject to the directives and control of the Council.

3. The Enterprise shall have its principal place of business at the seat

of the Authority.

4. The Enterprise shall, in accordance with article 173, paragraph 2,

and Annex IV, article 11, be provided with such funds as it may require to

carry out its functions, and shall receive technology as provided in article 144

and other relevant provisions of this Convention.

SUBSECTION F. FINANCIAL ARRANGEMENTS OF THE

AUTHORITY

Article 171

Funds of the Authority

The funds of the Authority shall include:

(a) assessed contributions made by members of the Authority in

accordance with article 160, paragraph 2(e);

(b) funds received by the Authority pursuant to Annex III, article 13, in

connection with activities in the Area;

(c) funds transferred from the Enterprise in accordance with Annex IV,

article 10;

(d) funds borrowed pursuant to article 174;

(e) voluntary contributions made by members or other entities; and

(f) payments to a compensation fund, in accordance with article 151,

paragraph 10, whose sources are to be recommended by the

Economic Planning Commission.

Article 172

Annual budget of the Authority

The Secretary-General shall draft the proposed annual budget of the

Authority and submit it to the Council. The Council shall consider the

proposed annual budget and submit it to the Assembly, together with any

recommendations thereon. The Assembly shall consider and approve the

proposed annual budget in accordance with article 160, paragraph 2(h).

95

Article 173

Expenses of the Authority

1. The contributions referred to in article 171, subparagraph (a), shall

be paid into a special account to meet the administrative expenses of the

Authority until the Authority has sufficient funds from other sources to meet

those expenses.

2. The administrative expenses of the Authority shall be a first call

upon the funds of the Authority. Except for the assessed contributions

referred to in article 171, subparagraph (a), the funds which remain after

payment of administrative expenses may, inter alia:

(a) be shared in accordance with article 140 and article 160,

paragraph 2(g);

(b) be used to provide the Enterprise with funds in accordance with

article 170, paragraph 4;

(c) be used to compensate developing States in accordance with

article 151, paragraph 10, and article 160, paragraph 2(l).

Article 174

Borrowing power of the Authority

1. The Authority shall have the power to borrow funds.

2. The Assembly shall prescribe the limits on the borrowing power of

the Authority in the financial regulations adopted pursuant to article 160,

paragraph 2(f).

3. The Council shall exercise the borrowing power of the Authority.

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

Article 175

Annual audit

The records, books and accounts of the Authority, including its annual

financial statements, shall be audited annually by an independent auditor

appointed by the Assembly.

SUBSECTION G. LEGAL STATUS, PRIVILEGES AND

IMMUNITIES

Article 176

Legal status

The Authority shall have international legal personality and such legal

capacity as may be necessary for the exercise of its functions and the

fulfilment of its purposes.

Article 177

Privileges and immunities

To enable the Authority to exercise its functions, it shall enjoy in the

territory of each State Party the privileges and immunities set forth in this

subsection. The privileges and immunities relating to the Enterprise shall be

those set forth in Annex IV, article 13.

96

Article 178

Immunity from legal process

The Authority, its property and assets, shall enjoy immunity from legal

process except to the extent that the Authority expressly waives this immunity

in a particular case.

Article 179

Immunity from search and any form of seizure

The property and assets of the Authority, wherever located and by

whomsoever held, shall be immune from search, requisition, confiscation,

expropriation or any other form of seizure by executive or legislative action.

Article 180

Exemption from restrictions, regulations, controls and moratoria

The property and assets of the Authority shall be exempt from

restrictions, regulations, controls and moratoria of any nature.

Article 181

Archives and official communications of the Authority

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

2. Proprietary data, industrial secrets or similar information and

personnel records shall not be placed in archives which are open to public

inspection.

3. With regard to its official communications, the Authority shall be

accorded by each State Party treatment no less favourable than that accorded

by that State to other international organizations.

Article 182

Privileges and immunities of certain persons connected with the Authority

Representatives of States Parties attending meetings of the Assembly, the

Council or organs of the Assembly or the Council, and the Secretary-General

and staff of the Authority, shall enjoy in the territory of each State Party:

(a) immunity from legal process with respect to acts performed by them

in the exercise of their functions, except to the extent that the State

which they represent or the Authority, as appropriate, expressly

waives this immunity in a particular case;

(b) if they are not nationals of that State Party, the same exemptions

from immigration restrictions, alien registration requirements and

national service obligations, the same facilities as regards exchange

restrictions and the same treatment in respect of travelling facilities

as are accorded by that State to the representatives, officials and

employees of comparable rank of other States Parties.

Article 183

Exemption from taxes and customs duties

1. Within the scope of its official activities, the Authority, its assets and

property, its income, and its operations and transactions, authorized by this

97

Convention, shall be exempt from all direct taxation and goods imported or

exported for its official use shall be exempt from all customs duties. The

Authority shall not claim exemption from taxes which are no more than

charges for services rendered.

2. When purchases of goods or services of substantial value necessary

for the official activities of the Authority are made by or on behalf of the

Authority, and when the price of such goods or services includes taxes or

duties, appropriate measures shall, to the extent practicable, be taken by

States Parties to grant exemption from such taxes or duties or provide for

their reimbursement. Goods imported or purchased under an exemption

provided for in this article shall not be sold or otherwise disposed of in the

territory of the State Party which granted the exemption, except under

conditions agreed with that State Party.

3. No tax shall be levied by States Parties on or in respect of salaries

and emoluments paid or any other form of payment made by the Authority to

the Secretary-General and staff of the Authority, as well as experts

performing missions for the Authority, who are not their nationals.

SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS

AND PRIVILEGES OF MEMBERS

Article 184

Suspension of the exercise of voting rights

A State Party which is in arrears in the payment of its financial

contributions to the Authority shall have no vote if the amount of its arrears

equals or exceeds the amount of the contributions due from it for the

preceding two full years. The Assembly may, nevertheless, permit such a

member to vote if it is satisfied that the failure to pay is due to conditions

beyond the control of the member.

Article 185

Suspension of exercise of rights and privileges of membership

1. A State Party which has grossly and persistently violated the

provisions of this Part may be suspended from the exercise of the rights and

privileges of membership by the Assembly upon the recommendation of the

Council.

2. No action may be taken under paragraph 1 until the Seabed Disputes

Chamber has found that a State Party has grossly and persistently violated the

provisions of this Part.

SECTION 5. SETTLEMENT OF DISPUTES AND ADVISORY

OPINIONS

Article 186

Seabed Disputes Chamber of the

International Tribunal for the Law of the Sea

The establishment of the Seabed Disputes Chamber and the manner in

which it shall exercise its jurisdiction shall be governed by the provisions of

this section, of Part XV and of Annex VI.

98

Article 187

Jurisdiction of the Seabed Disputes Chamber

The Seabed Disputes Chamber shall have jurisdiction under this Part and

the Annexes relating thereto in disputes with respect to activities in the Area

falling within the following categories:

(a) disputes between States Parties concerning the interpretation or

application of this Part and the Annexes relating thereto;

(b) disputes between a State Party and the Authority concerning:

(i) acts or omissions of the Authority or of a State Party alleged to

be in violation of this Part or the Annexes relating thereto or of

rules, regulations and procedures of the Authority adopted in

accordance therewith; or

(ii) acts of the Authority alleged to be in excess of jurisdiction or a

misuse of power;

(c) disputes between parties to a contract, being States Parties, the

Authority or the Enterprise, state enterprises and natural or juridical

persons referred to in article 153, paragraph 2(b), concerning:

(i) the interpretation or application of a relevant contract or a plan

of work; or

(ii) acts or omissions of a party to the contract relating to activities

in the Area and directed to the other party or directly affecting

its legitimate interests;

(d) disputes between the Authority and a prospective contractor who has

been sponsored by a State as provided in article 153, paragraph 2(b),

and has duly fulfilled the conditions referred to in Annex III,

article 4, paragraph 6, and article 13, paragraph 2, concerning the

refusal of a contract or a legal issue arising in the negotiation of the

contract;

(e) disputes between the Authority and a State Party, a state enterprise

or a natural or juridical person sponsored by a State Party as

provided for in article 153, paragraph 2(b), where it is alleged that

the Authority has incurred liability as provided in Annex III,

article 22;

(f) any other disputes for which the jurisdiction of the Chamber is

specifically provided in this Convention.

Article 188

Submission of disputes to a special chamber of the

International Tribunal for the Law of the Sea

or an ad hoc chamber of the Seabed Disputes Chamber

or to binding commercial arbitration

1. Disputes between States Parties referred to in article 187,

subparagraph (a), may be submitted:

(a) at the request of the parties to the dispute, to a special chamber

of the International Tribunal for the Law of the Sea to be

formed in accordance with Annex VI, articles 15 and 17; or

(b) at the request of any party to the dispute, to an ad hoc chamber

of the Seabed Disputes Chamber to be formed in accordance

with Annex VI, article 36.

2. (a) Disputes concerning the interpretation or application of a

contract referred to in article 187, subparagraph (c)(i), shall be

99

submitted, at the request of any party to the dispute, to binding

commercial arbitration, unless the parties otherwise agree.

A commercial arbitral tribunal to which the dispute is submitted

shall have no jurisdiction to decide any question of

interpretation of this Convention. When the dispute also

involves a question of the interpretation of Part XI and the

Annexes relating thereto, with respect to activities in the Area,

that question shall be referred to the Seabed Disputes Chamber

for a ruling.

(b) If, at the commencement of or in the course of such arbitration,

the arbitral tribunal determines, either at the request of any

party to the dispute or proprio motu, that its decision depends

upon a ruling of the Seabed Disputes Chamber, the arbitral

tribunal shall refer such question to the Seabed Disputes

Chamber for such ruling. The arbitral tribunal shall then

proceed to render its award in conformity with the ruling of the

Seabed Disputes Chamber.

(c) In the absence of a provision in the contract on the arbitration

procedure to be applied in the dispute, the arbitration shall be

conducted in accordance with the UNCITRAL Arbitration

Rules or such other arbitration rules as may be prescribed in the

rules, regulations and procedures of the Authority, unless the

parties to the dispute otherwise agree.

Article 189

Limitation on jurisdiction

with regard to decisions of the Authority

The Seabed Disputes Chamber shall have no jurisdiction with regard to

the exercise by the Authority of its discretionary powers in accordance with

this Part; in no case shall it substitute its discretion for that of the Authority.

Without prejudice to article 191, in exercising its jurisdiction pursuant to

article 187, the Seabed Disputes Chamber shall not pronounce itself on the

question of whether any rules, regulations and procedures of the Authority are

in conformity with this Convention, nor declare invalid any such rules,

regulations and procedures. Its jurisdiction in this regard shall be confined

to deciding claims that the application of any rules, regulations and

procedures of the Authority in individual cases would be in conflict with the

contractual obligations of the parties to the dispute or their obligations under

this Convention, claims concerning excess of jurisdiction or misuse of power,

and to claims for damages to be paid or other remedy to be given to the party

concerned for the failure of the other party to comply with its contractual

obligations or its obligations under this Convention.

Article 190

Participation and appearance

of sponsoring States Parties in proceedings

1. If a natural or juridical person is a party to a dispute referred to in

article 187, the sponsoring State shall be given notice thereof and shall have

the right to participate in the proceedings by submitting written or oral

statements.

100

2. If an action is brought against a State Party by a natural or juridical

person sponsored by another State Party in a dispute referred to in article 187,

subparagraph (c), the respondent State may request the State sponsoring that

person to appear in the proceedings on behalf of that person. Failing such

appearance, the respondent State may arrange to be represented by a juridical

person of its nationality.

Article 191

Advisory opinions

The Seabed Disputes Chamber shall give advisory opinions at the request

of the Assembly or the Council on legal questions arising within the scope of

their activities. Such opinions shall be given as a matter of urgency.

PROTECTION AND PRESERVATION

OF THE MARINE ENVIRONMENT

SECTION 1. GENERAL PROVISIONS

Article 192

General obligation

States have the obligation to protect and preserve the marine

environment.

Article 193

Sovereign right of States to exploit their natural resources

States have the sovereign right to exploit their natural resources pursuant

to their environmental policies and in accordance with their duty to protect

and preserve the marine environment.

Article 194

Measures to prevent, reduce and control pollution

of the marine environment

1. States shall take, individually or jointly as appropriate, all measures

consistent with this Convention that are necessary to prevent, reduce and

control pollution of the marine environment from any source, using for this

purpose the best practicable means at their disposal and in accordance with

their capabilities, and they shall endeavour to harmonize their policies in this

connection.

2. States shall take all measures necessary to ensure that activities

under their jurisdiction or control are so conducted as not to cause damage by

pollution to other States and their environment, and that pollution arising

from incidents or activities under their jurisdiction or control does not spread

beyond the areas where they exercise sovereign rights in accordance with this

Convention.

101

3. The measures taken pursuant to this Part shall deal with all sources

of pollution of the marine environment. These measures shall include,

inter alia, those designed to minimize to the fullest possible extent:

(a) the release of toxic, harmful or noxious substances, especially

those which are persistent, from land-based sources, from or

through the atmosphere or by dumping;

(b) pollution from vessels, in particular measures for preventing

accidents and dealing with emergencies, ensuring the safety of

operations at sea, preventing intentional and unintentional

discharges, and regulating the design, construction, equipment,

operation and manning of vessels;

(c) pollution from installations and devices used in exploration or

exploitation of the natural resources of the seabed and subsoil,

in particular measures for preventing accidents and dealing with

emergencies, ensuring the safety of operations at sea, and

regulating the design, construction, equipment, operation and

manning of such installations or devices;

(d) pollution from other installations and devices operating in the

marine environment, in particular measures for preventing

accidents and dealing with emergencies, ensuring the safety of

operations at sea, and regulating the design, construction,

equipment, operation and manning of such installations or

devices.

4. In taking measures to prevent, reduce or control pollution of the

marine environment, States shall refrain from unjustifiable interference with

activities carried out by other States in the exercise of their rights and in

pursuance of their duties in conformity with this Convention.

5. The measures taken in accordance with this Part shall include those

necessary to protect and preserve rare or fragile ecosystems as well as the

habitat of depleted, threatened or endangered species and other forms of

marine life.

Article 195

Duty not to transfer damage or hazards

or transform one type of pollution into another

In taking measures to prevent, reduce and control pollution of the marine

environment, States shall act so as not to transfer, directly or indirectly,

damage or hazards from one area to another or transform one type of

pollution into another.

Article 196

Use of technologies or introduction of alien or new species

1. States shall take all measures necessary to prevent, reduce and

control pollution of the marine environment resulting from the use of

technologies under their jurisdiction or control, or the intentional or

accidental introduction of species, alien or new, to a particular part of the

marine environment, which may cause significant and harmful changes

thereto.

2. This article does not affect the application of this Convention

regarding the prevention, reduction and control of pollution of the marine

environment.

102

SECTION 2. GLOBAL AND REGIONAL COOPERATION

Article 197

Cooperation on a global or regional basis

States shall cooperate on a global basis and, as appropriate, on a regional

basis, directly or through competent international organizations, in

formulating and elaborating international rules, standards and recommended

practices and procedures consistent with this Convention, for the protection

and preservation of the marine environment, taking into account characteristic

regional features.

Article 198

Notification of imminent or actual damage

When a State becomes aware of cases in which the marine environment

is in imminent danger of being damaged or has been damaged by pollution,

it shall immediately notify other States it deems likely to be affected by such

damage, as well as the competent international organizations.

Article 199

Contingency plans against pollution

In the cases referred to in article 198, States in the area affected, in

accordance with their capabilities, and the competent international

organizations shall cooperate, to the extent possible, in eliminating the effects

of pollution and preventing or minimizing the damage. To this end, States

shall jointly develop and promote contingency plans for responding to

pollution incidents in the marine environment.

Article 200

Studies, research programmes and exchange of information and data

States shall cooperate, directly or through competent international

organizations, for the purpose of promoting studies, undertaking programmes

of scientific research and encouraging the exchange of information and data

acquired about pollution of the marine environment. They shall endeavour

to participate actively in regional and global programmes to acquire

knowledge for the assessment of the nature and extent of pollution, exposure

to it, and its pathways, risks and remedies.

Article 201

Scientific criteria for regulations

In the light of the information and data acquired pursuant to article 200,

States shall cooperate, directly or through competent international

organizations, in establishing appropriate scientific criteria for the

formulation and elaboration of rules, standards and recommended practices

and procedures for the prevention, reduction and control of pollution of the

marine environment.

103

SECTION 3. TECHNICAL ASSISTANCE

Article 202

Scientific and technical assistance to developing States

States shall, directly or through competent international organizations:

(a) promote programmes of scientific, educational, technical and other

assistance to developing States for the protection and preservation

of the marine environment and the prevention, reduction and control

of marine pollution. Such assistance shall include, inter alia:

(i) training of their scientific and technical personnel;

(ii) facilitating their participation in relevant international

programmes;

(iii) supplying them with necessary equipment and facilities;

(iv) enhancing their capacity to manufacture such equipment;

(v) advice on and developing facilities for research, monitoring,

educational and other programmes;

(b) provide appropriate assistance, especially to developing States, for

the minimization of the effects of major incidents which may cause

serious pollution of the marine environment;

(c) provide appropriate assistance, especially to developing States,

concerning the preparation of environmental assessments.

Article 203

Preferential treatment for developing States

Developing States shall, for the purposes of prevention, reduction and

control of pollution of the marine environment or minimization of its effects,

be granted preference by international organizations in:

(a) the allocation of appropriate funds and technical assistance; and

(b) the utilization of their specialized services.

SECTION 4. MONITORING AND ENVIRONMENTAL

ASSESSMENT

Article 204

Monitoring of the risks or effects of pollution

1. States shall, consistent with the rights of other States, endeavour, as

far as practicable, directly or through the competent international

organizations, to observe, measure, evaluate and analyse, by recognized

scientific methods, the risks or effects of pollution of the marine environment.

2. In particular, States shall keep under surveillance the effects of any

activities which they permit or in which they engage in order to determine

whether these activities are likely to pollute the marine environment.

Article 205

Publication of reports

States shall publish reports of the results obtained pursuant to article 204

or provide such reports at appropriate intervals to the competent international

organizations, which should make them available to all States.

104

Article 206

Assessment of potential effects of activities

When States have reasonable grounds for believing that planned

activities under their jurisdiction or control may cause substantial pollution

of or significant and harmful changes to the marine environment, they shall,

as far as practicable, assess the potential effects of such activities on the

marine environment and shall communicate reports of the results of such

assessments in the manner provided in article 205.

SECTION 5. INTERNATIONAL RULES AND NATIONAL

LEGISLATION

TO PREVENT, REDUCE AND CONTROL

POLLUTION OF THE MARINE ENVIRONMENT

Article 207

Pollution from land-based sources

1. States shall adopt laws and regulations to prevent, reduce and control

pollution of the marine environment from land-based sources, including

rivers, estuaries, pipelines and outfall structures, taking into account

internationally agreed rules, standards and recommended practices and

procedures.

2. States shall take other measures as may be necessary to prevent,

reduce and control such pollution.

3. States shall endeavour to harmonize their policies in this connection

at the appropriate regional level.

4. States, acting especially through competent international

organizations or diplomatic conference, shall endeavour to establish global

and regional rules, standards and recommended practices and procedures to

prevent, reduce and control pollution of the marine environment from

land-based sources, taking into account characteristic regional features, the

economic capacity of developing States and their need for economic

development. Such rules, standards and recommended practices and

procedures shall be re-examined from time to time as necessary.

5. Laws, regulations, measures, rules, standards and recommended

practices and procedures referred to in paragraphs 1, 2 and 4 shall include

those designed to minimize, to the fullest extent possible, the release of toxic,

harmful or noxious substances, especially those which are persistent, into the

marine environment.

Article 208

Pollution from seabed activities subject to national jurisdiction

1 Coastal States shall adopt laws and regulations to prevent, reduce

and control pollution of the marine environment arising from or in connection

with seabed activities subject to their jurisdiction and from artificial islands,

installations and structures under their jurisdiction, pursuant to articles 60

and 80.

2. States shall take other measures as may be necessary to prevent,

reduce and control such pollution.

3. Such laws, regulations and measures shall be no less effective than

international rules, standards and recommended practices and procedures.

105

4. States shall endeavour to harmonize their policies in this connection

at the appropriate regional level.

5. States, acting especially through competent international

organizations or diplomatic conference, shall establish global and regional

rules, standards and recommended practices and procedures to prevent,

reduce and control pollution of the marine environment referred to in

paragraph l. Such rules, standards and recommended practices and

procedures shall be re-examined from time to time as necessary.

Article 209

Pollution from activities in the Area

1. International rules, regulations and procedures shall be established

in accordance with Part XI to prevent, reduce and control pollution of the

marine environment from activities in the Area. Such rules, regulations and

procedures shall be re-examined from time to time as necessary.

2. Subject to the relevant provisions of this section, States shall adopt

laws and regulations to prevent, reduce and control pollution of the marine

environment from activities in the Area undertaken by vessels, installations,

structures and other devices flying their flag or of their registry or operating

under their authority, as the case may be. The requirements of such laws and

regulations shall be no less effective than the international rules, regulations

and procedures referred to in paragraph 1.

Article 210

Pollution by dumping

1. States shall adopt laws and regulations to prevent, reduce and control

pollution of the marine environment by dumping.

2. States shall take other measures as may be necessary to prevent,

reduce and control such pollution.

3. Such laws, regulations and measures shall ensure that dumping is not

carried out without the permission of the competent authorities of States.

4. States, acting especially through competent international

organizations or diplomatic conference, shall endeavour to establish global

and regional rules, standards and recommended practices and procedures to

prevent, reduce and control such pollution. Such rules, standards and

recommended practices and procedures shall be re-examined from time to

time as necessary.

5. Dumping within the territorial sea and the exclusive economic zone

or onto the continental shelf shall not be carried out without the express prior

approval of the coastal State, which has the right to permit, regulate and

control such dumping after due consideration of the matter with other States

which by reason of their geographical situation may be adversely affected

thereby.

6. National laws, regulations and measures shall be no less effective in

preventing, reducing and controlling such pollution than the global rules and

standards.

106

Article 211

Pollution from vessels

1. States, acting through the competent international organization or

general diplomatic conference, shall establish international rules and

standards to prevent, reduce and control pollution of the marine environment

from vessels and promote the adoption, in the same manner, wherever

appropriate, of routeing systems designed to minimize the threat of accidents

which might cause pollution of the marine environment, including the

coastline, and pollution damage to the related interests of coastal States. Such

rules and standards shall, in the same manner, be re-examined from time to

time as necessary.

2. States shall adopt laws and regulations for the prevention, reduction

and control of pollution of the marine environment from vessels flying their

flag or of their registry. Such laws and regulations shall at least have the

same effect as that of generally accepted international rules and standards

established through the competent international organization or general

diplomatic conference.

3. States which establish particular requirements for the prevention,

reduction and control of pollution of the marine environment as a condition

for the entry of foreign vessels into their ports or internal waters or for a call

at their off-shore terminals shall give due publicity to such requirements and

shall communicate them to the competent international organization.

Whenever such requirements are established in identical form by two or more

coastal States in an endeavour to harmonize policy, the communication shall

indicate which States are participating in such cooperative arrangements.

Every State shall require the master of a vessel flying its flag or of its registry,

when navigating within the territorial sea of a State participating in such

cooperative arrangements, to furnish, upon the request of that State,

information as to whether it is proceeding to a State of the same region

participating in such cooperative arrangements and, if so, to indicate whether

it complies with the port entry requirements of that State. This article is

without prejudice to the continued exercise by a vessel of its right of innocent

passage or to the application of article 25, paragraph 2.

4. Coastal States may, in the exercise of their sovereignty within their

territorial sea, adopt laws and regulations for the prevention, reduction and

control of marine pollution from foreign vessels, including vessels exercising

the right of innocent passage. Such laws and regulations shall, in accordance

with Part II, section 3, not hamper innocent passage of foreign vessels.

5. Coastal States, for the purpose of enforcement as provided for in

regulations for the prevention, reduction and control of pollution from vessels

conforming to and giving effect to generally accepted international rules and

standards established through the competent international organization or

general diplomatic conference.

6. (a) Where the international rules and standards referred to in

paragraph 1 are inadequate to meet special circumstances and

coastal States have reasonable grounds for believing that a

particular, clearly defined area of their respective exclusive

economic zones is an area where the adoption of special

mandatory measures for the prevention of pollution from

vessels is required for recognized technical reasons in relation

to its oceanographical and ecological conditions, as well as its

107

utilization or the protection of its resources and the particular

character of its traffic, the coastal States, after appropriate

consultations through the competent international organization

with any other States concerned, may, for that area, direct a

communication to that organization, submitting scientific and

technical evidence in support and information on necessary

reception facilities. Within 12 months after receiving such a

communication, the organization shall determine whether the

conditions in that area correspond to the requirements set out

above. If the organization so determines, the coastal States

may, for that area, adopt laws and regulations for the

prevention, reduction and control of pollution from vessels

implementing such international rules and standards or

navigational practices as are made applicable, through the

organization, for special areas. These laws and regulations

shall not become applicable to foreign vessels until 15 months

after the submission of the communication to the organization.

(b) The coastal States shall publish the limits of any such

particular, clearly defined area.

(c) If the coastal States intend to adopt additional laws and

regulations for the same area for the prevention, reduction and

control of pollution from vessels, they shall, when submitting

the aforesaid communication, at the same time notify the

organization thereof. Such additional laws and regulations may

relate to discharges or navigational practices but shall not

require foreign vessels to observe design, construction,

manning or equipment standards other than generally accepted

international rules and standards; they shall become applicable

to foreign vessels 15 months after the submission of the

communication to the organization, provided that the

organization agrees within 12 months after the submission of

the communication.

7. The international rules and standards referred to in this article should

include inter alia those relating to prompt notification to coastal States,

whose coastline or related interests may be affected by incidents, including

maritime casualties, which involve discharges or probability of discharges.

Article 212

Pollution from or through the atmosphere

1. States shall adopt laws and regulations to prevent, reduce and control

pollution of the marine environment from or through the atmosphere,

applicable to the air space under their sovereignty and to vessels flying their

flag or vessels or aircraft of their registry, taking into account internationally

agreed rules, standards and recommended practices and procedures and the

safety of air navigation.

2. States shall take other measures as may be necessary to prevent,

reduce and control such pollution.

3. States, acting especially through competent international

organizations or diplomatic conference, shall endeavour to establish global

and regional rules, standards and recommended practices and procedures to

prevent, reduce and control such pollution.

108

SECTION 6. ENFORCEMENT

Article 213

Enforcement with respect to pollution from land-based sources

States shall enforce their laws and regulations adopted in accordance

with article 207 and shall adopt laws and regulations and take other measures

necessary to implement applicable international rules and standards

established through competent international organizations or diplomatic

conference to prevent, reduce and control pollution of the marine

environment from land-based sources.

Article 214

Enforcement with respect to pollution from seabed activities

States shall enforce their laws and regulations adopted in accordance

with article 208 and shall adopt laws and regulations and take other measures

necessary to implement applicable international rules and standards

established through competent international organizations or diplomatic

conference to prevent, reduce and control pollution of the marine

environment arising from or in connection with seabed activities subject to

their jurisdiction and from artificial islands, installations and structures under

their jurisdiction, pursuant to articles 60 and 80.

Article 215

Enforcement with respect to pollution from activities in the Area

Enforcement of international rules, regulations and procedures

established in accordance with Part XI to prevent, reduce and control

pollution of the marine environment from activities in the Area shall be

governed by that Part.

Article 216

Enforcement with respect to pollution by dumping

1. Laws and regulations adopted in accordance with this Convention

and applicable international rules and standards established through

competent international organizations or diplomatic conference for the

prevention, reduction and control of pollution of the marine environment by

dumping shall be enforced:

(a) by the coastal State with regard to dumping within its territorial

sea or its exclusive economic zone or onto its continental shelf;

(b) by the flag State with regard to vessels flying its flag or vessels

or aircraft of its registry;

(c) by any State with regard to acts of loading of wastes or other

matter occurring within its territory or at its off-shore terminals.

2. No State shall be obliged by virtue of this article to institute

proceedings when another State has already instituted proceedings in

accordance with this article.

109

Article 217

Enforcement by flag States

1. States shall ensure compliance by vessels flying their flag or of their

registry with applicable international rules and standards, established through

the competent international organization or general diplomatic conference,

and with their laws and regulations adopted in accordance with this

Convention for the prevention, reduction and control of pollution of the

marine environment from vessels and shall accordingly adopt laws and

regulations and take other measures necessary for their implementation. Flag

States shall provide for the effective enforcement of such rules, standards,

laws and regulations, irrespective of where a violation occurs.

2. States shall, in particular, take appropriate measures in order to

ensure that vessels flying their flag or of their registry are prohibited from

sailing, until they can proceed to sea in compliance with the requirements of

the international rules and standards referred to in paragraph 1, including

requirements in respect of design, construction, equipment and manning of

vessels.

3. States shall ensure that vessels flying their flag or of their registry

carry on board certificates required by and issued pursuant to international

rules and standards referred to in paragraph 1. States shall ensure that vessels

flying their flag are periodically inspected in order to verify that such

certificates are in conformity with the actual condition of the vessels. These

certificates shall be accepted by other States as evidence of the condition of

the vessels and shall be regarded as having the same force as certificates

issued by them, unless there are clear grounds for believing that the condition

of the vessel does not correspond substantially with the particulars of the

certificates.

4. If a vessel commits a violation of rules and standards established

through the competent international organization or general diplomatic

conference, the flag State, without prejudice to articles 218, 220 and 228,

shall provide for immediate investigation and where appropriate institute

proceedings in respect of the alleged violation irrespective of where the

violation occurred or where the pollution caused by such violation has

occurred or has been spotted.

5. Flag States conducting an investigation of the violation may request

the assistance of any other State whose cooperation could be useful in

clarifying the circumstances of the case. States shall endeavour to meet

appropriate requests of flag States.

6. States shall, at the written request of any State, investigate any

violation alleged to have been committed by vessels flying their flag. If

satisfied that sufficient evidence is available to enable proceedings to be

brought in respect of the alleged violation, flag States shall without delay

institute such proceedings in accordance with their laws.

7. Flag States shall promptly inform the requesting State and the

competent international organization of the action taken and its outcome.

Such information shall be available to all States.

8. Penalties provided for by the laws and regulations of States for

vessels flying their flag shall be adequate in severity to discourage violations

wherever they occur.

110

Article 218

Enforcement by port States

1. When a vessel is voluntarily within a port or at an off-shore terminal

of a State, that State may undertake investigations and, where the evidence so

warrants, institute proceedings in respect of any discharge from that vessel

outside the internal waters, territorial sea or exclusive economic zone of that

State in violation of applicable international rules and standards established

through the competent international organization or general diplomatic

conference.

2. No proceedings pursuant to paragraph 1 shall be instituted in respect

of a discharge violation in the internal waters, territorial sea or exclusive

economic zone of another State unless requested by that State, the flag State,

or a State damaged or threatened by the discharge violation, or unless the

violation has caused or is likely to cause pollution in the internal waters,

territorial sea or exclusive economic zone of the State instituting the

proceedings.

3. When a vessel is voluntarily within a port or at an off-shore terminal

of a State, that State shall, as far as practicable, comply with requests from

any State for investigation of a discharge violation referred to in paragraph 1,

believed to have occurred in, caused, or threatened damage to the internal

waters, territorial sea or exclusive economic zone of the requesting State. It

shall likewise, as far as practicable, comply with requests from the flag State

for investigation of such a violation, irrespective of where the violation

occurred.

4. The records of the investigation carried out by a port State pursuant

to this article shall be transmitted upon request to the flag State or to the

coastal State. Any proceedings instituted by the port State on the basis of

such an investigation may, subject to section 7, be suspended at the request

of the coastal State when the violation has occurred within its internal waters,

territorial sea or exclusive economic zone. The evidence and records of the

case, together with any bond or other financial security posted with the

authorities of the port State, shall in that event be transmitted to the coastal

State. Such transmittal shall preclude the continuation of proceedings in the

port State.

Article 219

Measures relating to seaworthiness of vessels to avoid pollution

Subject to section 7, States which, upon request or on their own

initiative, have ascertained that a vessel within one of their ports or at one of

their off-shore terminals is in violation of applicable international rules and

standards relating to seaworthiness of vessels and thereby threatens damage

to the marine environment shall, as far as practicable, take administrative

measures to prevent the vessel from sailing. Such States may permit the

vessel to proceed only to the nearest appropriate repair yard and, upon

removal of the causes of the violation, shall permit the vessel to continue

immediately.

111

Article 220

Enforcement by coastal States

1. When a vessel is voluntarily within a port or at an off-shore terminal

of a State, that State may, subject to section 7, institute proceedings in respect

of any violation of its laws and regulations adopted in accordance with this

Convention or applicable international rules and standards for the prevention,

reduction and control of pollution from vessels when the violation has

occurred within the territorial sea or the exclusive economic zone of that

State.

2. Where there are clear grounds for believing that a vessel navigating

in the territorial sea of a State has, during its passage therein, violated laws

and regulations of that State adopted in accordance with this Convention or

applicable international rules and standards for the prevention, reduction and

control of pollution from vessels, that State, without prejudice to the

application of the relevant provisions of Part II, section 3, may undertake

physical inspection of the vessel relating to the violation and may, where the

evidence so warrants, institute proceedings, including detention of the vessel,

in accordance with its laws, subject to the provisions of section 7.

3. Where there are clear grounds for believing that a vessel navigating

in the exclusive economic zone or the territorial sea of a State has, in the

exclusive economic zone, committed a violation of applicable international

rules and standards for the prevention, reduction and control of pollution

from vessels or laws and regulations of that State conforming and giving

effect to such rules and standards, that State may require the vessel to give

information regarding its identity and port of registry, its last and its next port

of call and other relevant information required to establish whether a violation

has occurred.

4. States shall adopt laws and regulations and take other measures so

that vessels flying their flag comply with requests for information pursuant

to paragraph 3.

5. Where there are clear grounds for believing that a vessel navigating

in the exclusive economic zone or the territorial sea of a State has, in the

exclusive economic zone, committed a violation referred to in paragraph 3

resulting in a substantial discharge causing or threatening significant pollution

of the marine environment, that State may undertake physical inspection of

the vessel for matters relating to the violation if the vessel has refused to give

information or if the information supplied by the vessel is manifestly at

variance with the evident factual situation and if the circumstances of the case

justify such inspection.

6. Where there is clear objective evidence that a vessel navigating in

the exclusive economic zone or the territorial sea of a State has, in the

exclusive economic zone, committed a violation referred to in paragraph 3

resulting in a discharge causing major damage or threat of major damage to

the coastline or related interests of the coastal State, or to any resources of its

territorial sea or exclusive economic zone, that State may, subject to section 7,

provided that the evidence so warrants, institute proceedings, including

detention of the vessel, in accordance with its laws.

7. Notwithstanding the provisions of paragraph 6, whenever

appropriate procedures have been established, either through the competent

international organization or as otherwise agreed, whereby compliance with

requirements for bonding or other appropriate financial security has been

112

assured, the coastal State if bound by such procedures shall allow the vessel

to proceed.

8. The provisions of paragraphs 3, 4, 5, 6and 7 also apply in respect of

national laws and regulations adopted pursuant to article 211, paragraph 6.

Article 221

Measures to avoid pollution arising from maritime casualties

1. Nothing in this Part shall prejudice the right of States, pursuant to

international law, both customary and conventional, to take and enforce

measures beyond the territorial sea proportionate to the actual or threatened

damage to protect their coastline or related interests, including fishing, from

pollution or threat of pollution following upon a maritime casualty or acts

relating to such a casualty, which may reasonably be expected to result in

major harmful consequences.

2. For the purposes of this article, "maritime casualty" means a

collision of vessels, stranding or other incident of navigation, or other

occurrence on board a vessel or external to it resulting in material damage or

imminent threat of material damage to a vessel or cargo.

Article 222

Enforcement with respect to pollution from or through the atmosphere

States shall enforce, within the air space under their sovereignty or with

regard to vessels flying their flag or vessels or aircraft of their registry, their

laws and regulations adopted in accordance with article 212, paragraph 1, and

with other provisions of this Convention and shall adopt laws and regulations

and take other measures necessary to implement applicable international rules

and standards established through competent international organizations or

diplomatic conference to prevent, reduce and control pollution of the marine

environment from or through the atmosphere, in conformity with all relevant

international rules and standards concerning the safety of air navigation.

SECTION 7. SAFEGUARDS

Article 223

Measures to facilitate proceedings

In proceedings instituted pursuant to this Part, States shall take measures

to facilitate the hearing of witnesses and the admission of evidence submitted

by authorities of another State, or by the competent international organization,

and shall facilitate the attendance at such proceedings of official

representatives of the competent international organization, the flag State and

any State affected by pollution arising out of any violation. The official

representatives attending such proceedings shall have such rights and duties

as may be provided under national laws and regulations or international law.

113

Article 224

Exercise of powers of enforcement

The powers of enforcement against foreign vessels under this Part may

only be exercised by officials or by warships, military aircraft, or other ships

or aircraft clearly marked and identifiable as being on government service and

authorized to that effect.

Article 225

Duty to avoid adverse consequences

in the exercise of the powers of enforcement

In the exercise under this Convention of their powers of enforcement

against foreign vessels, States shall not endanger the safety of navigation or

otherwise create any hazard to a vessel, or bring it to an unsafe port or

anchorage, or expose the marine environment to an unreasonable risk.

Article 226

Investigation of foreign vessels

1.

(a) States shall not delay a foreign vessel longer than is essential

for purposes of the investigations provided for in articles 216,

218 and 220. Any physical inspection of a foreign vessel shall

be limited to an examination of such certificates, records or

other documents as the vessel is required to carry by generally

accepted international rules and standards or of any similar

documents which it is carrying; further physical inspection of

the vessel may be undertaken only after such an examination

and only when:

(i) there are clear grounds for believing that the condition of

the vessel or its equipment does not correspond

substantially with the particulars of those documents;

(ii) the contents of such documents are not sufficient to

confirm or verify a suspected violation; or

(iii) the vessel is not carrying valid certificates and records.

(b) If the investigation indicates a violation of applicable laws and

regulations or international rules and standards for the

protection and preservation of the marine environment, release

shall be made promptly subject to reasonable procedures such

as bonding or other appropriate financial security.

(c) Without prejudice to applicable international rules and

standards relating to the seaworthiness of vessels, the release of

a vessel may, whenever it would present an unreasonable threat

of damage to the marine environment, be refused or made

conditional upon proceeding to the nearest appropriate repair

yard. Where release has been refused or made conditional, the

flag State of the vessel must be promptly notified, and may seek

release of the vessel in accordance with Part XV.

2. States shall cooperate to develop procedures for the avoidance of

unnecessary physical inspection of vessels at sea.

114

Article 227

Non-discrimination with respect to foreign vessels

In exercising their rights and performing their duties under this Part,

States shall not discriminate in form or in fact against vessels of any other

State.

Article 228

Suspension and restrictions on institution of proceedings

1. Proceedings to impose penalties in respect of any violation of

applicable laws and regulations or international rules and standards relating

to the prevention, reduction and control of pollution from vessels committed

by a foreign vessel beyond the territorial sea of the State instituting

proceedings shall be suspended upon the taking of proceedings to impose

penalties in respect of corresponding charges by the flag State within six

months of the date on which proceedings were first instituted, unless those

proceedings relate to a case of major damage to the coastal State or the flag

State in question has repeatedly disregarded its obligation to enforce

effectively the applicable international rules and standards in respect of

violations committed by its vessels. The flag State shall in due course make

available to the State previously instituting proceedings a full dossier of the

case and the records of the proceedings, whenever the flag State has

requested the suspension of proceedings in accordance with this article.

When proceedings instituted by the flag State have been brought to a

conclusion, the suspended proceedings shall be terminated. Upon payment

of costs incurred in respect of such proceedings, any bond posted or other

financial security provided in connection with the suspended proceedings

shall be released by the coastal State.

2. Proceedings to impose penalties on foreign vessels shall not be

instituted after the expiry of three years from the date on which the violation

was committed, and shall not be taken by any State in the event of

proceedings having been instituted by another State subject to the provisions

set out in paragraph 1.

3. The provisions of this article are without prejudice to the right of the

flag State to take any measures, including proceedings to impose penalties,

according to its laws irrespective of prior proceedings by another State.

Article 229

Institution of civil proceedings

Nothing in this Convention affects the institution of civil proceedings in

respect of any claim for loss or damage resulting from pollution of the marine

environment.

Article 230

Monetary penalties and the observance of recognized rights of the accused

1. Monetary penalties only may be imposed with respect to violations

of national laws and regulations or applicable international rules and

standards for the prevention, reduction and control of pollution of the marine

environment, committed by foreign vessels beyond the territorial sea.

115

2. Monetary penalties only may be imposed with respect to violations

of national laws and regulations or applicable international rules and

standards for the prevention, reduction and control of pollution of the marine

environment, committed by foreign vessels in the territorial sea, except in the

case of a wilful and serious act of pollution in the territorial sea.

3. In the conduct of proceedings in respect of such violations

committed by a foreign vessel which may result in the imposition of penalties,

recognized rights of the accused shall be observed.

Article 231

Notification to the flag State and other States concerned

States shall promptly notify the flag State and any other State concerned

of any measures taken pursuant to section 6 against foreign vessels, and shall

submit to the flag State all official reports concerning such measures.

However, with respect to violations committed in the territorial sea, the

foregoing obligations of the coastal State apply only to such measures as are

taken in proceedings. The diplomatic agents or consular officers and where

possible the maritime authority of the flag State, shall be immediately

informed of any such measures taken pursuant to section 6 against foreign

vessels.

Article 232

Liability of States arising from enforcement measures

States shall be liable for damage or loss attributable to them arising from

measures taken pursuant to section 6 when such measures are unlawful or

exceed those reasonably required in the light of available information. States

shall provide for recourse in their courts for actions in respect of such damage

or loss.

Article 233

Safeguards with respect to straits used for international navigation

Nothing in sections 5, 6 and 7 affects the legal regime of straits used for

international navigation. However, if a foreign ship other than those referred

to in section 10 has committed a violation of the laws and regulations referred

to in article 42, paragraph 1(a) and (b), causing or threatening major damage

to the marine environment of the straits, the States bordering the straits may

take appropriate enforcement measures and if so shall respect

mutatis mutandis the provisions of this section.

SECTION 8. ICE-COVERED AREAS

Article 234

Ice-covered areas

Coastal States have the right to adopt and enforce non-discriminatory

laws and regulations for the prevention, reduction and control of marine

pollution from vessels in ice-covered areas within the limits of the exclusive

economic zone, where particularly severe climatic conditions and the

presence of ice covering such areas for most of the year create obstructions

or exceptional hazards to navigation, and pollution of the marine environment

116

could cause major harm to or irreversible disturbance of the ecological

balance. Such laws and regulations shall have due regard to navigation and

the protection and preservation of the marine environment based on the best

available scientific evidence.

SECTION 9. RESPONSIBILITY AND LIABILITY

Article 235

Responsibility and liability

1. States are responsible for the fulfilment of their international

obligations concerning the protection and preservation of the marine

environment. They shall be liable in accordance with international law.

2. States shall ensure that recourse is available in accordance with their

legal systems for prompt and adequate compensation or other relief in respect

of damage caused by pollution of the marine environment by natural or

juridical persons under their jurisdiction.

3. With the objective of assuring prompt and adequate compensation

in respect of all damage caused by pollution of the marine environment,

States shall cooperate in the implementation of existing international law and

the further development of international law relating to responsibility and

liability for the assessment of and compensation for damage and the

settlement of related disputes, as well as, where appropriate, development of

criteria and procedures for payment of adequate compensation, such as

compulsory insurance or compensation funds.

SECTION 10. SOVEREIGN IMMUNITY

Article 236

Sovereign immunity

The provisions of this Convention regarding the protection and

preservation of the marine environment do not apply to any warship, naval

auxiliary, other vessels or aircraft owned or operated by a State and used, for

the time being, only on government non-commercial service. However, each

State shall ensure, by the adoption of appropriate measures not impairing

operations or operational capabilities of such vessels or aircraft owned or

operated by it, that such vessels or aircraft act in a manner consistent, so far

as is reasonable and practicable, with this Convention.

SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS

ON THE PROTECTION AND PRESERVATION

OF THE MARINE ENVIRONMENT

Article 237

Obligations under other conventions on the

protection and preservation of the marine environment

1. The provisions of this Part are without prejudice to the specific

obligations assumed by States under special conventions and agreements

concluded previously which relate to the protection and preservation of the

marine environment and to agreements which may be concluded in

furtherance of the general principles set forth in this Convention.

117

2. Specific obligations assumed by States under special conventions,

with respect to the protection and preservation of the marine environment,

should be carried out in a manner consistent with the general principles and

objectives of this Convention.

MARINE SCIENTIFIC RESEARCH

SECTION 1. GENERAL PROVISIONS

Article 238

Right to conduct marine scientific research

All States, irrespective of their geographical location, and competent

international organizations have the right to conduct marine scientific

research subject to the rights and duties of other States as provided for in this

Convention.

Article 239

Promotion of marine scientific research

States and competent international organizations shall promote and

facilitate the development and conduct of marine scientific research in

accordance with this Convention.

Article 240

General principles for the conduct of marine scientific research

In the conduct of marine scientific research the following principles shall

apply:

(a) marine scientific research shall be conducted exclusively for

peaceful purposes;

(b) marine scientific research shall be conducted with appropriate

scientific methods and means compatible with this Convention;

(c) marine scientific research shall not unjustifiably interfere with other

legitimate uses of the sea compatible with this Convention and shall

be duly respected in the course of such uses;

(d) marine scientific research shall be conducted in compliance with all

relevant regulations adopted in conformity with this Convention

including those for the protection and preservation of the marine

environment.

Article 241

Non-recognition of marine scientific research activities

as the legal basis for claims

Marine scientific research activities shall not constitute the legal basis for

any claim to any part of the marine environment or its resources.

118

SECTION 2. INTERNATIONAL COOPERATION

Article 242

Promotion of international cooperation

1. States and competent international organizations shall, in accordance

with the principle of respect for sovereignty and jurisdiction and on the basis

of mutual benefit, promote international cooperation in marine scientific

research for peaceful purposes.

2. In this context, without prejudice to the rights and duties of States

under this Convention, a State, in the application of this Part, shall provide,

as appropriate, other States with a reasonable opportunity to obtain from it,

or with its cooperation, information necessary to prevent and control damage

to the health and safety of persons and to the marine environment.

Article 243

Creation of favourable conditions

States and competent international organizations shall cooperate, through

the conclusion of bilateral and multilateral agreements, to create favourable

conditions for the conduct of marine scientific research in the marine

environment and to integrate the efforts of scientists in studying the essence

of phenomena and processes occurring in the marine environment and the

interrelations between them.

Article 244

Publication and dissemination of information and knowledge

1. States and competent international organizations shall, in accordance

with this Convention, make available by publication and dissemination

through appropriate channels information on proposed major programmes and

their objectives as well as knowledge resulting from marine scientific

research.

2. For this purpose, States, both individually and in cooperation with

other States and with competent international organizations, shall actively

promote the flow of scientific data and information and the transfer of

knowledge resulting from marine scientific research, especially to developing

States, as well as the strengthening of the autonomous marine scientific

research capabilities of developing States through, inter alia, programmes to

provide adequate education and training of their technical and scientific

personnel.

SECTION 3. CONDUCT AND PROMOTION OF

MARINE SCIENTIFIC RESEARCH

Article 245

Marine scientific research in the territorial sea

Coastal States, in the exercise of their sovereignty, have the exclusive

right to regulate, authorize and conduct marine scientific research in their

territorial sea. Marine scientific research therein shall be conducted only with

the express consent of and under the conditions set forth by the coastal State.

119

Article 246

Marine scientific research in the exclusive economic zone

and on the continental shelf

1. Coastal States, in the exercise of their jurisdiction, have the right to

regulate, authorize and conduct marine scientific research in their exclusive

economic zone and on their continental shelf in accordance with the relevant

provisions of this Convention.

2. Marine scientific research in the exclusive economic zone and on the

continental shelf shall be conducted with the consent of the coastal State.

3. Coastal States shall, in normal circumstances, grant their consent for

marine scientific research projects by other States or competent international

organizations in their exclusive economic zone or on their continental shelf

to be carried out in accordance with this Convention exclusively for peaceful

purposes and in order to increase scientific knowledge of the marine

environment for the benefit of all mankind. To this end, coastal States shall

establish rules and procedures ensuring that such consent will not be delayed

or denied unreasonably.

4. For the purposes of applying paragraph 3, normal circumstances may

exist in spite of the absence of diplomatic relations between the coastal State

and the researching State.

5. Coastal States may however in their discretion withhold their

consent to the conduct of a marine scientific research project of another State

or competent international organization in the exclusive economic zone or on

the continental shelf of the coastal State if that project:

(a) is of direct significance for the exploration and exploitation of

natural resources, whether living or non-living;

(b) involves drilling into the continental shelf, the use of explosives

or the introduction of harmful substances into the marine

environment;

(c) involves the construction, operation or use of artificial islands,

installations and structures referred to in articles 60 and 80;

(d) contains information communicated pursuant to article 248

regarding the nature and objectives of the project which is

inaccurate or if the researching State or competent international

organization has outstanding obligations to the coastal State

from a prior research project.

6. Notwithstanding the provisions of paragraph 5, coastal States may

not exercise their discretion to withhold consent under subparagraph (a) of

that paragraph in respect of marine scientific research projects to be

undertaken in accordance with the provisions of this Part on the continental

shelf, beyond 200 nautical miles from the baselines from which the breadth

of the territorial sea is measured, outside those specific areas which coastal

States may at any time publicly designate as areas in which exploitation or

detailed exploratory operations focused on those areas are occurring or will

occur within a reasonable period of time. Coastal States shall give reasonable

notice of the designation of such areas, as well as any modifications thereto,

but shall not be obliged to give details of the operations therein.

7. The provisions of paragraph 6 are without prejudice to the rights of

coastal States over the continental shelf as established in article 77.

8. Marine scientific research activities referred to in this article shall

not unjustifiably interfere with activities undertaken by coastal States in the

120

exercise of their sovereign rights and jurisdiction provided for in this

Convention.

Article 247

Marine scientific research projects undertaken

by or under the auspices of international organizations

A coastal State which is a member of or has a bilateral agreement with

an international organization, and in whose exclusive economic zone or on

whose continental shelf that organization wants to carry out a marine

scientific research project, directly or under its auspices, shall be deemed to

have authorized the project to be carried out in conformity with the agreed

specifications if that State approved the detailed project when the decision

was made by the organization for the undertaking of the project, or is willing

to participate in it, and has not expressed any objection within four months

of notification of the project by the organization to the coastal State.

Article 248

Duty to provide information to the coastal State

States and competent international organizations which intend to

undertake marine scientific research in the exclusive economic zone or on the

continental shelf of a coastal State shall, not less than six months in advance

of the expected starting date of the marine scientific research project, provide

that State with a full description of:

(a) the nature and objectives of the project;

(b) the method and means to be used, including name, tonnage, type and

class of vessels and a description of scientific equipment;

(c) the precise geographical areas in which the project is to be

conducted;

(d) the expected date of first appearance and final departure of the

research vessels, or deployment of the equipment and its removal,

as appropriate;

(e) the name of the sponsoring institution, its director, and the person in

charge of the project; and

(f) the extent to which it is considered that the coastal State should be

able to participate or to be represented in the project.

Article 249

Duty to comply with certain conditions

1. States and competent international organizations when undertaking

marine scientific research in the exclusive economic zone or on the

continental shelf of a coastal State shall comply with the following

conditions:

(a) ensure the right of the coastal State, if it so desires, to

participate or be represented in the marine scientific research

project, especially on board research vessels and other craft or

scientific research installations, when practicable, without

payment of any remuneration to the scientists of the coastal

State and without obligation to contribute towards the costs of

the project;

121

(b) provide the coastal State, at its request, with preliminary

reports, as soon as practicable, and with the final results and

conclusions after the completion of the research;

(c) undertake to provide access for the coastal State, at its request,

to all data and samples derived from the marine scientific

research project and likewise to furnish it with data which may

be copied and samples which may be divided without detriment

to their scientific value;

(d) if requested, provide the coastal State with an assessment of

such data, samples and research results or provide assistance in

their assessment or interpretation;

(e) ensure, subject to paragraph 2, that the research results are

made internationally available through appropriate national or

international channels, as soon as practicable;

(f) inform the coastal State immediately of any major change in the

research programme;

(g) unless otherwise agreed, remove the scientific research

installations or equipment once the research is completed.

2. This article is without prejudice to the conditions established by the

laws and regulations of the coastal State for the exercise of its discretion to

grant or withhold consent pursuant to article 246, paragraph 5, including

requiring prior agreement for making internationally available the research

results of a project of direct significance for the exploration and exploitation

of natural resources.

Article 250

Communications concerning marine scientific research projects

Communications concerning the marine scientific research projects shall

be made through appropriate official channels, unless otherwise agreed.

Article 251

General criteria and guidelines

States shall seek to promote through competent international

organizations the establishment of general criteria and guidelines to assist

States in ascertaining the nature and implications of marine scientific

research.

Article 252

Implied consent

States or competent international organizations may proceed with a

marine scientific research project six months after the date upon which the

information required pursuant to article 248 was provided to the coastal State

unless within four months of the receipt of the communication containing

such information the coastal State has informed the State or organization

conducting the research that:

(a) it has withheld its consent under the provisions of article 246; or

(b) the information given by that State or competent international

organization regarding the nature or objectives of the project does

not conform to the manifestly evident facts; or

122

(c) it requires supplementary information relevant to conditions and the

information provided for under articles 248 and 249; or

(d) outstanding obligations exist with respect to a previous marine

scientific research project carried out by that State or organization,

with regard to conditions established in article 249.

Article 253

Suspension or cessation of marine scientific research activities

1. A coastal State shall have the right to require the suspension of any

marine scientific research activities in progress within its exclusive economic

zone or on its continental shelf if:

(a) the research activities are not being conducted in accordance

with the information communicated as provided under

article 248 upon which the consent of the coastal State was

based; or

(b) the State or competent international organization conducting the

research activities fails to comply with the provisions of

article 249 concerning the rights of the coastal State with

respect to the marine scientific research project.

2. A coastal State shall have the right to require the cessation of any

marine scientific research activities in case of any non-compliance with the

provisions of article 248 which amounts to a major change in the research

project or the research activities.

3. A coastal State may also require cessation of marine scientific

research activities if any of the situations contemplated in paragraph 1 are not

rectified within a reasonable period of time.

4. Following notification by the coastal State of its decision to order

suspension or cessation, States or competent international organizations

authorized to conduct marine scientific research activities shall terminate the

research activities that are the subject of such a notification.

5. An order of suspension under paragraph 1 shall be lifted by the

coastal State and the marine scientific research activities allowed to continue

once the researching State or competent international organization has

complied with the conditions required under articles 248 and 249.

Article 254

Rights of neighbouring land-locked

and geographically disadvantaged States

1. States and competent international organizations which have

submitted to a coastal State a project to undertake marine scientific research

referred to in article 246, paragraph 3, shall give notice to the neighbouring

land-locked and geographically disadvantaged States of the proposed research

project, and shall notify the coastal State thereof.

2. After the consent has been given for the proposed marine scientific

research project by the coastal State concerned, in accordance with article 246

and other relevant provisions of this Convention, States and competent

international organizations undertaking such a project shall provide to the

neighbouring land-locked and geographically disadvantaged States, at their

request and when appropriate, relevant information as specified in article 248

and article 249, paragraph 1(f).

123

3. The neighbouring land-locked and geographically disadvantaged

States referred to above shall, at their request, be given the opportunity to

participate, whenever feasible, in the proposed marine scientific research

project through qualified experts appointed by them and not objected to by

the coastal State, in accordance with the conditions agreed for the project, in

conformity with the provisions of this Convention, between the coastal State

concerned and the State or competent international organizations conducting

the marine scientific research.

4. States and competent international organizations referred to in

paragraph 1 shall provide to the above-mentioned land-locked and

geographically disadvantaged States, at their request, the information and

assistance specified in article 249, paragraph 1(d), subject to the provisions

of article 249, paragraph 2.

Article 255

Measures to facilitate marine scientific research

and assist research vessels

States shall endeavour to adopt reasonable rules, regulations and

procedures to promote and facilitate marine scientific research conducted in

accordance with this Convention beyond their territorial sea and, as

appropriate, to facilitate, subject to the provisions of their laws and

regulations, access to their harbours and promote assistance for marine

scientific research vessels which comply with the relevant provisions of this

Part.

Article 256

Marine scientific research in the Area

All States, irrespective of their geographical location, and competent

international organizations have the right, in conformity with the provisions

of Part XI, to conduct marine scientific research in the Area.

Article 257

Marine scientific research in the water column

beyond the exclusive economic zone

All States, irrespective of their geographical location, and competent

international organizations have the right, in conformity with this Convention,

to conduct marine scientific research in the water column beyond the limits

of the exclusive economic zone.

SECTION 4. SCIENTIFIC RESEARCH INSTALLATIONS OR

EQUIPMENT IN THE MARINE ENVIRONMENT

Article 258

Deployment and use

The deployment and use of any type of scientific research installations

or equipment in any area of the marine environment shall be subject to the

same conditions as are prescribed in this Convention for the conduct of

marine scientific research in any such area.

124

Article 259

Legal status

The installations or equipment referred to in this section do not possess

the status of islands. They have no territorial sea of their own, and their

presence does not affect the delimitation of the territorial sea, the exclusive

economic zone or the continental shelf.

Article 260

Safety zones

Safety zones of a reasonable breadth not exceeding a distance of

500 metres may be created around scientific research installations in

accordance with the relevant provisions of this Convention. All States shall

ensure that such safety zones are respected by their vessels.

Article 261

Non-interference with shipping routes

The deployment and use of any type of scientific research installations

or equipment shall not constitute an obstacle to established international

shipping routes.

Article 262

Identification markings and warning signals

Installations or equipment referred to in this section shall bear

identification markings indicating the State of registry or the international

organization to which they belong and shall have adequate internationally

agreed warning signals to ensure safety at sea and the safety of air navigation,

taking into account rules and standards established by competent international

organizations.

SECTION 5. RESPONSIBILITY AND LIABILITY

Article 263

Responsibility and liability

1. States and competent international organizations shall be responsible

for ensuring that marine scientific research, whether undertaken by them or

on their behalf, is conducted in accordance with this Convention.

2. States and competent international organizations shall be responsible

and liable for the measures they take in contravention of this Convention in

respect of marine scientific research conducted by other States, their natural

or juridical persons or by competent international organizations, and shall

provide compensation for damage resulting from such measures.

3. States and competent international organizations shall be responsible

and liable pursuant to article 235 for damage caused by pollution of the

marine environment arising out of marine scientific research undertaken by

them or on their behalf.

125

SECTION 6. SETTLEMENT OF DISPUTES

AND INTERIM MEASURES

Article 264

Settlement of disputes

Disputes concerning the interpretation or application of the provisions of

this Convention with regard to marine scientific research shall be settled in

accordance with Part XV, sections 2 and 3.

Article 265

Interim measures

Pending settlement of a dispute in accordance with Part XV, sections 2

and 3, the State or competent international organization authorized to conduct

a marine scientific research project shall not allow research activities to

commence or continue without the express consent of the coastal State

concerned.

DEVELOPMENT AND TRANSFER OF MARINE

TECHNOLOGY

SECTION 1. GENERAL PROVISIONS

Article 266

Promotion of the development and transfer of marine technology

1. States, directly or through competent international organizations,

shall cooperate in accordance with their capabilities to promote actively the

development and transfer of marine science and marine technology on fair

and reasonable terms and conditions.

2. States shall promote the development of the marine scientific and

technological capacity of States which may need and request technical

assistance in this field, particularly developing States, including land-locked

and geographically disadvantaged States, with regard to the exploration,

exploitation, conservation and management of marine resources, the

protection and preservation of the marine environment, marine scientific

research and other activities in the marine environment compatible with this

Convention, with a view to accelerating the social and economic development

of the developing States.

3. States shall endeavour to foster favourable economic and legal

conditions for the transfer of marine technology for the benefit of all parties

concerned on an equitable basis.

Article 267

Protection of legitimate interests

States, in promoting cooperation pursuant to article 266, shall have due

regard for all legitimate interests including, inter alia, the rights and duties of

holders, suppliers and recipients of marine technology.

126

Article 268

Basic objectives

States, directly or through competent international organizations, shall

promote:

(a) the acquisition, evaluation and dissemination of marine

technological knowledge and facilitate access to such information

and data;

(b) the development of appropriate marine technology;

(c) the development of the necessary technological infrastructure to

facilitate the transfer of marine technology;

(d) the development of human resources through training and education

of nationals of developing States and countries and especially the

nationals of the least developed among them;

(e) international cooperation at all levels, particularly at the regional,

subregional and bilateral levels.

Article 269

Measures to achieve the basic objectives

In order to achieve the objectives referred to in article 268, States,

directly or through competent international organizations, shall endeavour,

inter alia, to:

(a) establish programmes of technical cooperation for the effective

transfer of all kinds of marine technology to States which may need

and request technical assistance in this field, particularly the

developing land-locked and geographically disadvantaged States, as

well as other developing States which have not been able either to

establish or develop their own technological capacity in marine

science and in the exploration and exploitation of marine resources

or to develop the infrastructure of such technology;

(b) promote favourable conditions for the conclusion of agreements,

contracts and other similar arrangements, under equitable and

reasonable conditions;

(c) hold conferences, seminars and symposia on scientific and

technological subjects, in particular on policies and methods for the

transfer of marine technology;

(d) promote the exchange of scientists and of technological and other

experts;

(e) undertake projects and promote joint ventures and other forms of

bilateral and multilateral cooperation.

SECTION 2. INTERNATIONAL COOPERATION

Article 270

Ways and means of international cooperation

International cooperation for the development and transfer of marine

technology shall be carried out, where feasible and appropriate, through

existing bilateral, regional or multilateral programmes, and also through

expanded and new programmes in order to facilitate marine scientific

research, the transfer of marine technology, particularly in new fields, and

appropriate international funding for ocean research and development.

127

Article 271

Guidelines, criteria and standards

States, directly or through competent international organizations, shall

promote the establishment of generally accepted guidelines, criteria and

standards for the transfer of marine technology on a bilateral basis or within

the framework of international organizations and other fora, taking into

account, in particular, the interests and needs of developing States.

Article 272

Coordination of international programmes

In the field of transfer of marine technology, States shall endeavour to

ensure that competent international organizations coordinate their activities,

including any regional or global programmes, taking into account the interests

and needs of developing States, particularly land-locked and geographically

disadvantaged States.

Article 273

Cooperation with international organizations and the Authority

States shall cooperate actively with competent international organizations

and the Authority to encourage and facilitate the transfer to developing States,

their nationals and the Enterprise of skills and marine technology with regard

to activities in the Area.

Article 274

Objectives of the Authority

Subject to all legitimate interests including, inter alia, the rights and

duties of holders, suppliers and recipients of technology, the Authority, with

regard to activities in the Area, shall ensure that:

(a) on the basis of the principle of equitable geographical distribution,

nationals of developing States, whether coastal, land-locked or

geographically disadvantaged, shall be taken on for the purposes of

training as members of the managerial, research and technical staff

constituted for its undertakings;

(b) the technical documentation on the relevant equipment, machinery,

devices and processes is made available to all States, in particular

developing States which may need and request technical assistance

in this field;

(c) adequate provision is made by the Authority to facilitate the

acquisition of technical assistance in the field of marine technology

by States which may need and request it, in particular developing

States, and the acquisition by their nationals of the necessary skills

and know-how, including professional training;

(d) States which may need and request technical assistance in this field,

in particular developing States, are assisted in the acquisition of

necessary equipment, processes, plant and other technical know-how

through any financial arrangements provided for in this Convention.

128

SECTION 3. NATIONAL AND REGIONAL MARINE

SCIENTIFIC AND TECHNOLOGICAL CENTRES

Article 275

Establishment of national centres

1. States, directly or through competent international organizations and

the Authority, shall promote the establishment, particularly in developing

coastal States, of national marine scientific and technological research centres

and the strengthening of existing national centres, in order to stimulate and

advance the conduct of marine scientific research by developing coastal

States and to enhance their national capabilities to utilize and preserve their

marine resources for their economic benefit.

2. States, through competent international organizations and the

Authority, shall give adequate support to facilitate the establishment and

strengthening of such national centres so as to provide for advanced training

facilities and necessary equipment, skills and know-how as well as technical

experts to such States which may need and request such assistance.

Article 276

Establishment of regional centres

1. States, in coordination with the competent international

organizations, the Authority and national marine scientific and technological

research institutions, shall promote the establishment of regional marine

scientific and technological research centres, particularly in developing

States, in order to stimulate and advance the conduct of marine scientific

research by developing States and foster the transfer of marine technology.

2. All States of a region shall cooperate with the regional centres

therein to ensure the more effective achievement of their objectives.

Article 277

Functions of regional centres

The functions of such regional centres shall include, inter alia:

(a) training and educational programmes at all levels on various aspects

of marine scientific and technological research, particularly marine

biology, including conservation and management of living

resources, oceanography, hydrography, engineering, geological

exploration of the seabed, mining and desalination technologies;

(b) management studies;

(c) study programmes related to the protection and preservation of the

marine environment and the prevention, reduction and control of

pollution;

(d) organization of regional conferences, seminars and symposia;

(e) acquisition and processing of marine scientific and technological

data and information;

(f) prompt dissemination of results of marine scientific and

technological research in readily available publications;

(g) publicizing national policies with regard to the transfer of marine

technology and systematic comparative study of those policies;

129

(h) compilation and systematization of information on the marketing of

technology and on contracts and other arrangements concerning

patents;

(i) technical cooperation with other States of the region.

SECTION 4. COOPERATION AMONG INTERNATIONAL

ORGANIZATIONS

Article 278

Cooperation among international organizations

The competent international organizations referred to in this Part and in

close cooperation among themselves, the effective discharge of their

functions and responsibilities under this Part.

SETTLEMENT OF DISPUTES

SECTION 1. GENERAL PROVISIONS

Article 279

Obligation to settle disputes by peaceful means

States Parties shall settle any dispute between them concerning the

interpretation or application of this Convention by peaceful means in

accordance with Article 2, paragraph 3, of the Charter of the United Nations

and, to this end, shall seek a solution by the means indicated in Article 33,

paragraph 1, of the Charter.

Article 280

Settlement of disputes by any peaceful means chosen by the parties

Nothing in this Part impairs the right of any States Parties to agree at any

time to settle a dispute between them concerning the interpretation or

application of this Convention by any peaceful means of their own choice.

Article 281

Procedure where no settlement has been reached by the parties

1. If the States Parties which are parties to a dispute concerning the

interpretation or application of this Convention have agreed to seek settlement

of the dispute by a peaceful means of their own choice, the procedures

provided for in this Part apply only where no settlement has been reached by

recourse to such means and the agreement between the parties does not

exclude any further procedure.

2. If the parties have also agreed on a time-limit, paragraph 1 applies

only upon the expiration of that time-limit.

130

Article 282

Obligations under general, regional or bilateral agreements

If the States Parties which are parties to a dispute concerning the

interpretation or application of this Convention have agreed, through a

general, regional or bilateral agreement or otherwise, that such dispute shall,

at the request of any party to the dispute, be submitted to a procedure that

entails a binding decision, that procedure shall apply in lieu of the procedures

provided for in this Part, unless the parties to the dispute otherwise agree.

Article 283

Obligation to exchange views

1. When a dispute arises between States Parties concerning the

interpretation or application of this Convention, the parties to the dispute shall

proceed expeditiously to an exchange of views regarding its settlement by

negotiation or other peaceful means.

2. The parties shall also proceed expeditiously to an exchange of views

where a procedure for the settlement of such a dispute has been terminated

without a settlement or where a settlement has been reached and the

circumstances require consultation regarding the manner of implementing the

settlement.

Article 284

Conciliation

1. A State Party which is a party to a dispute concerning the

interpretation or application of this Convention may invite the other party or

parties to submit the dispute to conciliation in accordance with the procedure

under Annex V, section 1, or another conciliation procedure.

2. If the invitation is accepted and if the parties agree upon the

conciliation procedure to be applied, any party may submit the dispute to that

procedure.

3. If the invitation is not accepted or the parties do not agree upon the

procedure, the conciliation proceedings shall be deemed to be terminated.

4. Unless the parties otherwise agree, when a dispute has been

submitted to conciliation, the proceedings may be terminated only in

accordance with the agreed conciliation procedure.

Article 285

Application of this section to disputes submitted pursuant to Part XI

This section applies to any dispute which pursuant to Part XI, section 5,

is to be settled in accordance with procedures provided for in this Part. If an

entity other than a State Party is a party to such a dispute, this section applies

mutatis mutandis.

131

SECTION 2. COMPULSORY PROCEDURES ENTAILING

BINDING DECISIONS

Article 286

Application of procedures under this section

Subject to section 3, any dispute concerning the interpretation or

application of this Convention shall, where no settlement has been reached

by recourse to section 1, be submitted at the request of any party to the

dispute to the court or tribunal having jurisdiction under this section.

Article 287

Choice of procedure

1. When signing, ratifying or acceding to this Convention or at any

time thereafter, a State shall be free to choose, by means of a written

declaration, one or more of the following means for the settlement of disputes

concerning the interpretation or application of this Convention:

(a) the International Tribunal for the Law of the Sea established in

accordance with Annex VI;

(b) the International Court of Justice;

(c) an arbitral tribunal constituted in accordance with Annex VII;

(d) a special arbitral tribunal constituted in accordance with

specified therein.

2. A declaration made under paragraph 1 shall not affect or be affected

by the obligation of a State Party to accept the jurisdiction of the Seabed

Disputes Chamber of the International Tribunal for the Law of the Sea to the

extent and in the manner provided for in Part XI, section 5.

3. A State Party, which is a party to a dispute not covered by a

declaration in force, shall be deemed to have accepted arbitration in

accordance with Annex VII.

4. If the parties to a dispute have accepted the same procedure for the

settlement of the dispute, it may be submitted only to that procedure, unless

the parties otherwise agree.

5. If the parties to a dispute have not accepted the same procedure for

the settlement of the dispute, it may be submitted only to arbitration in

accordance with Annex VII, unless the parties otherwise agree.

6. A declaration made under paragraph 1 shall remain in force until

three months after notice of revocation has been deposited with the

Secretary-General of the United Nations.

7. A new declaration, a notice of revocation or the expiry of a

declaration does not in any way affect proceedings pending before a court or

tribunal having jurisdiction under this article, unless the parties otherwise

agree.

8. Declarations and notices referred to in this article shall be deposited

with the Secretary-General of the United Nations, who shall transmit copies

thereof to the States Parties.

132

Article 288

Jurisdiction

1. A court or tribunal referred to in article 287 shall have jurisdiction

over any dispute concerning the interpretation or application of this

Convention which is submitted to it in accordance with this Part.

2. A court or tribunal referred to in article 287 shall also have

jurisdiction over any dispute concerning the interpretation or application of

an international agreement related to the purposes of this Convention, which

is submitted to it in accordance with the agreement.

3. The Seabed Disputes Chamber of the International Tribunal for the

Law of the Sea established in accordance with Annex VI, and any other

chamber or arbitral tribunal referred to in Part XI, section 5, shall have

jurisdiction in any matter which is submitted to it in accordance therewith.

4. In the event of a dispute as to whether a court or tribunal has

jurisdiction, the matter shall be settled by decision of that court or tribunal.

Article 289

Experts

In any dispute involving scientific or technical matters, a court or tribunal

exercising jurisdiction under this section may, at the request of a party or

proprio motu, select in consultation with the parties no fewer than two

scientific or technical experts chosen preferably from the relevant list

prepared in accordance with Annex VIII, article 2, to sit with the court or

tribunal but without the right to vote.

Article 290

Provisional measures

1. If a dispute has been duly submitted to a court or tribunal which

considers that prima facie it has jurisdiction under this Part or Part XI,

it considers appropriate under the circumstances to preserve the respective

rights of the parties to the dispute or to prevent serious harm to the marine

environment, pending the final decision.

2. Provisional measures may be modified or revoked as soon as the

circumstances justifying them have changed or ceased to exist.

3. Provisional measures may be prescribed, modified or revoked under

this article only at the request of a party to the dispute and after the parties

have been given an opportunity to be heard.

4. The court or tribunal shall forthwith give notice to the parties to the

dispute, and to such other States Parties as it considers appropriate, of the

prescription, modification or revocation of provisional measures.

5. Pending the constitution of an arbitral tribunal to which a dispute is

being submitted under this section, any court or tribunal agreed upon by the

parties or, failing such agreement within two weeks from the date of the

request for provisional measures, the International Tribunal for the Law of the

Sea or, with respect to activities in the Area, the Seabed Disputes Chamber,

may prescribe, modify or revoke provisional measures in accordance with this

article if it considers that prima facie the tribunal which is to be constituted

would have jurisdiction and that the urgency of the situation so requires.

Once constituted, the tribunal to which the dispute has been submitted may

133

modify, revoke or affirm those provisional measures, acting in conformity

with paragraphs 1 to 4.

6. The parties to the dispute shall comply promptly with any

provisional measures prescribed under this article.

Article 291

Access

1. All the dispute settlement procedures specified in this Part shall be

open to States Parties.

2. The dispute settlement procedures specified in this Part shall be open

to entities other than States Parties only as specifically provided for in this

Convention.

Article 292

Prompt release of vessels and crews

1. Where the authorities of a State Party have detained a vessel flying

the flag of another State Party and it is alleged that the detaining State has not

complied with the provisions of this Convention for the prompt release of the

vessel or its crew upon the posting of a reasonable bond or other financial

security, the question of release from detention may be submitted to any court

or tribunal agreed upon by the parties or, failing such agreement within

10 days from the time of detention, to a court or tribunal accepted by the

detaining State under article 287 or to the International Tribunal for the Law

of the Sea, unless the parties otherwise agree.

2. The application for release may be made only by or on behalf of the

flag State of the vessel.

3. The court or tribunal shall deal without delay with the application for

release and shall deal only with the question of release, without prejudice to

the merits of any case before the appropriate domestic forum against the

vessel, its owner or its crew. The authorities of the detaining State remain

competent to release the vessel or its crew at any time.

4. Upon the posting of the bond or other financial security determined

by the court or tribunal, the authorities of the detaining State shall comply

promptly with the decision of the court or tribunal concerning the release of

the vessel or its crew.

Article 293

Applicable law

1. A court or tribunal having jurisdiction under this section shall apply

this Convention and other rules of international law not incompatible with

this Convention.

2. Paragraph l does not prejudice the power of the court or tribunal

having jurisdiction under this section to decide a case ex aequo et bono, if the

parties so agree.

Article 294

Preliminary proceedings

1. A court or tribunal provided for in article 287 to which an

application is made in respect of a dispute referred to in article 297 shall

134

determine at the request of a party, or may determine proprio motu, whether

the claim constitutes an abuse of legal process or whether prima facie it is

well founded. If the court or tribunal determines that the claim constitutes an

abuse of legal process or is prima facie unfounded, it shall take no further

action in the case.

2. Upon receipt of the application, the court or tribunal shall

immediately notify the other party or parties of the application, and shall fix

a reasonable time-limit within which they may request it to make a

determination in accordance with paragraph 1.

3. Nothing in this article affects the right of any party to a dispute to

make preliminary objections in accordance with the applicable rules of

procedure.

Article 295

Exhaustion of local remedies

Any dispute between States Parties concerning the interpretation or

application of this Convention may be submitted to the procedures provided

for in this section only after local remedies have been exhausted where this

is required by international law.

Article 296

Finality and binding force of decisions

1. Any decision rendered by a court or tribunal having jurisdiction

under this section shall be final and shall be complied with by all the parties

to the dispute.

2. Any such decision shall have no binding force except between the

parties and in respect of that particular dispute.

SECTION 3. LIMITATIONS AND EXCEPTIONS

TO APPLICABILITY OF SECTION 2

Article 297

Limitations on applicability of section 2

1. Disputes concerning the interpretation or application of this

Convention with regard to the exercise by a coastal State of its sovereign

rights or jurisdiction provided for in this Convention shall be subject to the

procedures provided for in section 2 in the following cases:

(a) when it is alleged that a coastal State has acted in contravention

of the provisions of this Convention in regard to the freedoms

and rights of navigation, overflight or the laying of submarine

cables and pipelines, or in regard to other internationally lawful

uses of the sea specified in article 58;

(b) when it is alleged that a State in exercising the aforementioned

freedoms, rights or uses has acted in contravention of this

Convention or of laws or regulations adopted by the coastal

State in conformity with this Convention and other rules of

international law not incompatible with this Convention; or

(c) when it is alleged that a coastal State has acted in contravention

of specified international rules and standards for the protection

and preservation of the marine environment which are

135

2.

3.

applicable to the coastal State and which have been established

by this Convention or through a competent international

organization or diplomatic conference in accordance with this

Convention.

(a) Disputes concerning the interpretation or application of the

provisions of this Convention with regard to marine scientific

research shall be settled in accordance with section 2, except

that the coastal State shall not be obliged to accept the

submission to such settlement of any dispute arising out of:

(i) the exercise by the coastal State of a right or discretion in

accordance with article 246; or

(ii) a decision by the coastal State to order suspension or

cessation of a research project in accordance with

article 253.

(b) A dispute arising from an allegation by the researching State

that with respect to a specific project the coastal State is not

exercising its rights under articles 246 and 253 in a manner

compatible with this Convention shall be submitted, at the

request of either party, to conciliation under Annex V,

call in question the exercise by the coastal State of its discretion

to designate specific areas as referred to in article 246,

paragraph 6, or of its discretion to withhold consent in

accordance with article 246, paragraph 5.

(a) Disputes concerning the interpretation or application of the

provisions of this Convention with regard to fisheries shall be

settled in accordance with section 2, except that the coastal

State shall not be obliged to accept the submission to such

settlement of any dispute relating to its sovereign rights with

respect to the living resources in the exclusive economic zone

or their exercise, including its discretionary powers for

determining the allowable catch, its harvesting capacity, the

allocation of surpluses to other States and the terms and

conditions established in its conservation and management laws

and regulations.

(b) Where no settlement has been reached by recourse to section 1

of this Part, a dispute shall be submitted to conciliation under

when it is alleged that:

(i) a coastal State has manifestly failed to comply with its

obligations to ensure through proper conservation and

management measures that the maintenance of the living

resources in the exclusive economic zone is not seriously

endangered;

(ii) a coastal State has arbitrarily refused to determine, at the

request of another State, the allowable catch and its

capacity to harvest living resources with respect to stocks

which that other State is interested in fishing; or

(iii) a coastal State has arbitrarily refused to allocate to any

State, under articles 62, 69 and 70 and under the terms

and conditions established by the coastal State consistent

with this Convention, the whole or part of the surplus it

has declared to exist.

136

(c) In no case shall the conciliation commission substitute its

discretion for that of the coastal State.

(d) The report of the conciliation commission shall be

communicated to the appropriate international organizations.

(e) In negotiating agreements pursuant to articles 69 and 70, States

Parties, unless they otherwise agree, shall include a clause on

measures which they shall take in order to minimize the

possibility of a disagreement concerning the interpretation or

application of the agreement, and on how they should proceed

if a disagreement nevertheless arises.

Article 298

Optional exceptions to applicability of section 2

1. When signing, ratifying or acceding to this Convention or at any

time thereafter, a State may, without prejudice to the obligations arising under

procedures provided for in section 2 with respect to one or more of the

following categories of disputes:

(a) (i) disputes concerning the interpretation or application of

articles 15, 74 and 83 relating to sea boundary

delimitations, or those involving historic bays or titles,

provided that a State having made such a declaration

shall, when such a dispute arises subsequent to the entry

into force of this Convention and where no agreement

within a reasonable period of time is reached in

negotiations between the parties, at the request of any

party to the dispute, accept submission of the matter to

conciliation under Annex V, section 2; and provided

further that any dispute that necessarily involves the

concurrent consideration of any unsettled dispute

concerning sovereignty or other rights over continental or

insular land territory shall be excluded from such

submission;

(ii) after the conciliation commission has presented its report,

which shall state the reasons on which it is based, the

parties shall negotiate an agreement on the basis of that

report; if these negotiations do not result in an agreement,

the parties shall, by mutual consent, submit the question

to one of the procedures provided for in section 2, unless

the parties otherwise agree;

(iii) this subparagraph does not apply to any sea boundary

dispute finally settled by an arrangement between the

parties, or to any such dispute which is to be settled in

accordance with a bilateral or multilateral agreement

binding upon those parties;

(b) disputes concerning military activities, including military

activities by government vessels and aircraft engaged in

non-commercial service, and disputes concerning law

enforcement activities in regard to the exercise of sovereign

rights or jurisdiction excluded from the jurisdiction of a court

or tribunal under article 297, paragraph 2 or 3;

137

(c) disputes in respect of which the Security Council of the United

Nations is exercising the functions assigned to it by the Charter

of the United Nations, unless the Security Council decides to

remove the matter from its agenda or calls upon the parties to

settle it by the means provided for in this Convention.

2. A State Party which has made a declaration under paragraph 1 may

at any time withdraw it, or agree to submit a dispute excluded by such

declaration to any procedure specified in this Convention.

3. A State Party which has made a declaration under paragraph 1 shall

not be entitled to submit any dispute falling within the excepted category of

disputes to any procedure in this Convention as against another State Party,

without the consent of that party.

4. If one of the States Parties has made a declaration under

paragraph 1(a), any other State Party may submit any dispute falling within

an excepted category against the declarant party to the procedure specified in

such declaration.

5. A new declaration, or the withdrawal of a declaration, does not in

any way affect proceedings pending before a court or tribunal in accordance

with this article, unless the parties otherwise agree.

6. Declarations and notices of withdrawal of declarations under this

article shall be deposited with the Secretary-General of the United Nations,

who shall transmit copies thereof to the States Parties.

Article 299

Right of the parties to agree upon a procedure

1. A dispute excluded under article 297 or excepted by a declaration

made under article 298 from the dispute settlement procedures provided for

in section 2 may be submitted to such procedures only by agreement of the

parties to the dispute.

2. Nothing in this section impairs the right of the parties to the dispute

to agree to some other procedure for the settlement of such dispute or to reach

an amicable settlement.

GENERAL PROVISIONS

Article 300

Good faith and abuse of rights

States Parties shall fulfil in good faith the obligations assumed under this

Convention and shall exercise the rights, jurisdiction and freedoms

recognized in this Convention in a manner which would not constitute an

abuse of right.

138

Article 301

Peaceful uses of the seas

In exercising their rights and performing their duties under this

Convention, States Parties shall refrain from any threat or use of force against

the territorial integrity or political independence of any State, or in any other

manner inconsistent with the principles of international law embodied in the

Charter of the United Nations.

Article 302

Disclosure of information

Without prejudice to the right of a State Party to resort to the procedures

for the settlement of disputes provided for in this Convention, nothing in this

Convention shall be deemed to require a State Party, in the fulfilment of its

obligations under this Convention, to supply information the disclosure of

which is contrary to the essential interests of its security.

Article 303

Archaeological and historical objects found at sea

1. States have the duty to protect objects of an archaeological and

historical nature found at sea and shall cooperate for this purpose.

2. In order to control traffic in such objects, the coastal State may, in

applying article 33, presume that their removal from the seabed in the zone

referred to in that article without its approval would result in an infringement

within its territory or territorial sea of the laws and regulations referred to in

that article.

3. Nothing in this article affects the rights of identifiable owners, the

law of salvage or other rules of admiralty, or laws and practices with respect

to cultural exchanges.

4. This article is without prejudice to other international agreements

and rules of international law regarding the protection of objects of an

archaeological and historical nature.

Article 304

Responsibility and liability for damage

The provisions of this Convention regarding responsibility and liability

for damage are without prejudice to the application of existing rules and the

development of further rules regarding responsibility and liability under

international law.

139

FINAL PROVISIONS

Article 305

Signature

1.

This Convention shall be open for signature by:

(a) all States;

(b) Namibia, represented by the United Nations Council for

Namibia;

(c) all self-governing associated States which have chosen that

status in an act of self-determination supervised and approved

by the United Nations in accordance with General Assembly

resolution 1514 (XV) and which have competence over the

matters governed by this Convention, including the competence

to enter into treaties in respect of those matters;

(d) all self-governing associated States which, in accordance with

their respective instruments of association, have competence

over the matters governed by this Convention, including the

competence to enter into treaties in respect of those matters;

(e) all territories which enjoy full internal self-government,

recognized as such by the United Nations, but have not attained

full independence in accordance with General Assembly

resolution 1514 (XV) and which have competence over the

matters governed by this Convention, including the competence

to enter into treaties in respect of those matters;

(f) international organizations, in accordance with Annex IX.

2. This Convention shall remain open for signature until

9 December 1984 at the Ministry of Foreign Affairs of Jamaica and also,

from 1 July 1983 until 9 December 1984, at United Nations Headquarters in

New York.

Article 306

Ratification and formal confirmation

This Convention is subject to ratification by States and the other entities

referred to in article 305, paragraph l(b), (c), (d) and (e), and to formal

confirmation, in accordance with Annex IX, by the entities referred to in

article 305, paragraph l(f). The instruments of ratification and of formal

confirmation shall be deposited with the Secretary-General of the United

Nations.

Article 307

Accession

This Convention shall remain open for accession by States and the other

entities referred to in article 305. Accession by the entities referred to in

article 305, paragraph l(f), shall be in accordance with Annex IX. The

instruments of accession shall be deposited with the Secretary-General of the

United Nations.

140

Article 308

Entry into force

1. This Convention shall enter into force 12 months after the date of

deposit of the sixtieth instrument of ratification or accession.

2. For each State ratifying or acceding to this Convention after the

deposit of the sixtieth instrument of ratification or accession, the Convention

shall enter into force on the thirtieth day following the deposit of its

instrument of ratification or accession, subject to paragraph 1.

3. The Assembly of the Authority shall meet on the date of entry into

force of this Convention and shall elect the Council of the Authority. The

first Council shall be constituted in a manner consistent with the purpose of

article 161 if the provisions of that article cannot be strictly applied.

4. The rules, regulations and procedures drafted by the Preparatory

Commission shall apply provisionally pending their formal adoption by the

Authority in accordance with Part XI.

5. The Authority and its organs shall act in accordance with

resolution II of the Third United Nations Conference on the Law of the Sea

relating to preparatory investment and with decisions of the Preparatory

Commission taken pursuant to that resolution.

Article 309

Reservations and exceptions

No reservations or exceptions may be made to this Convention unless

expressly permitted by other articles of this Convention.

Article 310

Declarations and statements

Article 309 does not preclude a State, when signing, ratifying or acceding

to this Convention, from making declarations or statements, however phrased

or named, with a view, inter alia, to the harmonization of its laws and

regulations with the provisions of this Convention, provided that such

declarations or statements do not purport to exclude or to modify the legal

effect of the provisions of this Convention in their application to that State.

Article 311

Relation to other conventions and international agreements

1. This Convention shall prevail, as between States Parties, over the

Geneva Conventions on the Law of the Sea of 29 April 1958.

2. This Convention shall not alter the rights and obligations of States

Parties which arise from other agreements compatible with this Convention

and which do not affect the enjoyment by other States Parties of their rights

or the performance of their obligations under this Convention.

3. Two or more States Parties may conclude agreements modifying or

suspending the operation of provisions of this Convention, applicable solely

to the relations between them, provided that such agreements do not relate to

a provision derogation from which is incompatible with the effective

execution of the object and purpose of this Convention, and provided further

that such agreements shall not affect the application of the basic principles

embodied herein, and that the provisions of such agreements do not affect the

141

enjoyment by other States Parties of their rights or the performance of their

obligations under this Convention.

4. States Parties intending to conclude an agreement referred to in

paragraph 3 shall notify the other States Parties through the depositary of this

Convention of their intention to conclude the agreement and of the

modification or suspension for which it provides.

5. This article does not affect international agreements expressly

permitted or preserved by other articles of this Convention.

6. States Parties agree that there shall be no amendments to the basic

principle relating to the common heritage of mankind set forth in article 136

and that they shall not be party to any agreement in derogation thereof.

Article 312

Amendment

1. After the expiry of a period of 10 years from the date of entry into

force of this Convention, a State Party may, by written communication

addressed to the Secretary-General of the United Nations, propose specific

amendments to this Convention, other than those relating to activities in the

Area, and request the convening of a conference to consider such proposed

amendments. The Secretary-General shall circulate such communication to

all States Parties. If, within 12 months from the date of the circulation of the

communication, not less than one half of the States Parties reply favourably

to the request, the Secretary-General shall convene the conference.

2. The decision-making procedure applicable at the amendment

conference shall be the same as that applicable at the Third United Nations

Conference on the Law of the Sea unless otherwise decided by the

conference. The conference should make every effort to reach agreement on

any amendments by way of consensus and there should be no voting on them

until all efforts at consensus have been exhausted.

Article 313

Amendment by simplified procedure

1. A State Party may, by written communication addressed to the

Secretary-General of the United Nations, propose an amendment to this

Convention, other than an amendment relating to activities in the Area, to be

adopted by the simplified procedure set forth in this article without convening

a conference. The Secretary-General shall circulate the communication to all

States Parties.

2. If, within a period of 12 months from the date of the circulation of

the communication, a State Party objects to the proposed amendment or to the

proposal for its adoption by the simplified procedure, the amendment shall be

considered rejected. The Secretary-General shall immediately notify all

States Parties accordingly.

3. If, 12 months from the date of the circulation of the communication,

no State Party has objected to the proposed amendment or to the proposal for

its adoption by the simplified procedure, the proposed amendment shall be

considered adopted. The Secretary-General shall notify all States Parties that

the proposed amendment has been adopted.

142

Article 314

Amendments to the provisions of this Convention

relating exclusively to activities in the Area

1. A State Party may, by written communication addressed to the

Secretary-General of the Authority, propose an amendment to the provisions

of this Convention relating exclusively to activities in the Area, including

Annex VI, section 4. The Secretary-General shall circulate such

communication to all States Parties. The proposed amendment shall be

subject to approval by the Assembly following its approval by the Council.

Representatives of States Parties in those organs shall have full powers to

consider and approve the proposed amendment. The proposed amendment

as approved by the Council and the Assembly shall be considered adopted.

2. Before approving any amendment under paragraph 1, the Council

and the Assembly shall ensure that it does not prejudice the system of

exploration for and exploitation of the resources of the Area, pending the

Review Conference in accordance with article 155.

Article 315

Signature, ratification of, accession to

and authentic texts of amendments

1. Once adopted, amendments to this Convention shall be open for

signature by States Parties for 12 months from the date of adoption, at United

Nations Headquarters in New York, unless otherwise provided in the

amendment itself.

2. Articles 306, 307 and 320 apply to all amendments to this

Convention.

Article 316

Entry into force of amendments

1. Amendments to this Convention, other than those referred to in

paragraph 5, shall enter into force for the States Parties ratifying or acceding

to them on the thirtieth day following the deposit of instruments of ratification

or accession by two thirds of the States Parties or by 60 States Parties,

whichever is greater. Such amendments shall not affect the enjoyment by

other States Parties of their rights or the performance of their obligations

under this Convention.

2. An amendment may provide that a larger number of ratifications or

accessions shall be required for its entry into force than are required by this

article.

3. For each State Party ratifying or acceding to an amendment referred

to in paragraph 1 after the deposit of the required number of instruments of

ratification or accession, the amendment shall enter into force on the thirtieth

day following the deposit of its instrument of ratification or accession.

4. A State which becomes a Party to this Convention after the entry

into force of an amendment in accordance with paragraph 1 shall, failing an

expression of a different intention by that State:

(a) be considered as a Party to this Convention as so amended; and

(b) be considered as a Party to the unamended Convention in

relation to any State Party not bound by the amendment.

143

5. Any amendment relating exclusively to activities in the Area and any

amendment to Annex VI shall enter into force for all States Parties one year

following the deposit of instruments of ratification or accession by

three fourths of the States Parties.

6. A State which becomes a Party to this Convention after the entry

into force of amendments in accordance with paragraph 5 shall be considered

as a Party to this Convention as so amended.

Article 317

Denunciation

1. A State Party may, by written notification addressed to the

Secretary-General of the United Nations, denounce this Convention and may

indicate its reasons. Failure to indicate reasons shall not affect the validity of

the denunciation. The denunciation shall take effect one year after the date

of receipt of the notification, unless the notification specifies a later date.

2. A State shall not be discharged by reason of the denunciation from

the financial and contractual obligations which accrued while it was a Party

to this Convention, nor shall the denunciation affect any right, obligation or

legal situation of that State created through the execution of this Convention

prior to its termination for that State.

3. The denunciation shall not in any way affect the duty of any State

Party to fulfil any obligation embodied in this Convention to which it would

be subject under international law independently of this Convention.

Article 318

Status of Annexes

The Annexes form an integral part of this Convention and, unless

expressly provided otherwise, a reference to this Convention or to one of its

Parts includes a reference to the Annexes relating thereto.

Article 319

Depositary

1. The Secretary-General of the United Nations shall be the depositary

of this Convention and amendments thereto.

2. In addition to his functions as depositary, the Secretary-General

shall:

(a) report to all States Parties, the Authority and competent

international organizations on issues of a general nature that

have arisen with respect to this Convention;

(b) notify the Authority of ratifications and formal confirmations

of and accessions to this Convention and amendments thereto,

as well as of denunciations of this Convention;

(c) notify States Parties of agreements in accordance with

article 311, paragraph 4;

(d) circulate amendments adopted in accordance with this

Convention to States Parties for ratification or accession;

(e) convene necessary meetings of States Parties in accordance

with this Convention.

3. (a) The Secretary-General shall also transmit to the observers

referred to in article 156:

144

(i) reports referred to in paragraph 2(a);

(ii) notifications referred to in paragraph 2(b) and (c); and

(iii) texts of amendments referred to in paragraph 2(d), for

their information.

(b) The Secretary-General shall also invite those observers to

participate as observers at meetings of States Parties referred to

in paragraph 2(e).

Article 320

Authentic texts

The original of this Convention, of which the Arabic, Chinese, English,

French, Russian and Spanish texts are equally authentic, shall, subject to

article 305, paragraph 2, be deposited with the Secretary-General of the

United Nations.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly

authorized thereto, have signed this Convention.

DONE AT MONTEGO BAY, this tenth day of December, one thousand

nine hundred and eighty-two.

145

ANNEX I. HIGHLY MIGRATORY SPECIES

1. Albacore tuna: Thunnus alalunga.

2. Bluefin tuna: Thunnus thynnus.

3. Bigeye tuna: Thunnus obesus.

4. Skipjack tuna: Katsuwonus pelamis.

5. Yellowfin tuna: Thunnus albacares.

6. Blackfin tuna: Thunnus atlanticus.

7. Little tuna: Euthynnus alletteratus; Euthynnus affinis.

8. Southern bluefin tuna: Thunnus maccoyii.

9. Frigate mackerel: Auxis thazard; Auxis rochei.

10. Pomfrets: Family Bramidae.

11. Marlins: Tetrapturus angustirostris; Tetrapturus belone;

Tetrapturus pfluegeri; Tetrapturus albidus; Tetrapturus audax;

Tetrapturus georgei; Makaira mazara; Makaira indica; Makaira

nigricans.

12. Sail-fishes: Istiophorus platypterus; Istiophorus albicans.

13. Swordfish: Xiphias gladius.

14. Sauries: Scomberesox saurus; Cololabis saira; Cololabis adocetus;

Scomberesox saurus scombroides.

15. Dolphin: Coryphaena hippurus; Coryphaena equiselis.

16. Oceanic sharks: Hexanchus griseus; Cetorhinus maximus; Family

Alopiidae; Rhincodon typus; Family Carcharhinidae; Family

Sphyrnidae; Family Isurida.

17. Cetaceans: Family Physeteridae; Family Balaenopteridae; Family

Balaenidae; Family Eschrichtiidae; Family Monodontidae; Family

Ziphiidae; Family Delphinidae.

ANNEX II. COMMISSION ON THE LIMITS

OF THE CONTINENTAL SHELF

Article 1

In accordance with the provisions of article 76, a Commission on the

Limits of the Continental Shelf beyond 200 nautical miles shall be established

in conformity with the following articles.

Article 2

1. The Commission shall consist of 21 members who shall be experts

in the field of geology, geophysics or hydrography, elected by States Parties

to this Convention from among their nationals, having due regard to the need

to ensure equitable geographical representation, who shall serve in their

personal capacities.

2. The initial election shall be held as soon as possible but in any case

within 18 months after the date of entry into force of this Convention. At

least three months before the date of each election, the Secretary-General of

the United Nations shall address a letter to the States Parties, inviting the

submission of nominations, after appropriate regional consultations, within

three months. The Secretary-General shall prepare a list in alphabetical order

of all persons thus nominated and shall submit it to all the States Parties.

3. Elections of the members of the Commission shall be held at a

meeting of States Parties convened by the Secretary-General at United

146

Nations Headquarters. At that meeting, for which two thirds of the States

Parties shall constitute a quorum, the persons elected to the Commission shall

be those nominees who obtain a two-thirds majority of the votes of the

representatives of States Parties present and voting. Not less than three

members shall be elected from each geographical region.

4. The members of the Commission shall be elected for a term of five

years. They shall be eligible for re-election.

5. The State Party which submitted the nomination of a member of the

Commission shall defray the expenses of that member while in performance

of Commission duties. The coastal State concerned shall defray the expenses

incurred in respect of the advice referred to in article 3, paragraph 1(b), of

this Annex. The secretariat of the Commission shall be provided by the

Secretary-General of the United Nations.

Article 3

1.

The functions of the Commission shall be:

(a) to consider the data and other material submitted by coastal

States concerning the outer limits of the continental shelf in

areas where those limits extend beyond 200 nautical miles, and

to make recommendations in accordance with article 76 and the

Statement of Understanding adopted on 29 August 1980 by the

Third United Nations Conference on the Law of the Sea;

(b) to provide scientific and technical advice, if requested by the

coastal State concerned during the preparation of the data

referred to in subparagraph (a).

2. The Commission may cooperate, to the extent considered necessary

and useful, with the Intergovernmental Oceanographic Commission of

UNESCO, the International Hydrographic Organization and other competent

international organizations with a view to exchanging scientific and technical

information which might be of assistance in discharging the Commission's

responsibilities.

Article 4

Where a coastal State intends to establish, in accordance with article 76,

the outer limits of its continental shelf beyond 200 nautical miles, it shall

submit particulars of such limits to the Commission along with supporting

scientific and technical data as soon as possible but in any case within

10 years of the entry into force of this Convention for that State. The coastal

State shall at the same time give the names of any Commission members who

have provided it with scientific and technical advice.

Article 5

Unless the Commission decides otherwise, the Commission shall

function by way of sub-commissions composed of seven members, appointed

in a balanced manner taking into account the specific elements of each

submission by a coastal State. Nationals of the coastal State making the

submission who are members of the Commission and any Commission

member who has assisted a coastal State by providing scientific and technical

advice with respect to the delineation shall not be a member of the

sub-commission dealing with that submission but has the right to participate

147

as a member in the proceedings of the Commission concerning the said

submission. The coastal State which has made a submission to the

Commission may send its representatives to participate in the relevant

proceedings without the right to vote.

Article 6

1. The sub-commission shall submit its recommendations to the

Commission.

2. Approval by the Commission of the recommendations of the

sub-commission shall be by a majority of two thirds of Commission members

present and voting.

3. The recommendations of the Commission shall be submitted in

writing to the coastal State which made the submission and to the

Secretary-General of the United Nations.

Article 7

Coastal States shall establish the outer limits of the continental shelf in

conformity with the provisions of article 76, paragraph 8, and in accordance

with the appropriate national procedures.

Article 8

In the case of disagreement by the coastal State with the

recommendations of the Commission, the coastal State shall, within a

reasonable time, make a revised or new submission to the Commission.

Article 9

The actions of the Commission shall not prejudice matters relating to

delimitation of boundaries between States with opposite or adjacent coasts.

ANNEX III. BASIC CONDITIONS OF PROSPECTING,

EXPLORATION AND EXPLOITATION

Article 1

Title to minerals

Title to minerals shall pass upon recovery in accordance with this

Convention.

Article 2

Prospecting

1.

(a) The Authority shall encourage prospecting in the Area.

(b) Prospecting shall be conducted only after the Authority has

received a satisfactory written undertaking that the proposed

prospector will comply with this Convention and the relevant

rules, regulations and procedures of the Authority concerning

cooperation in the training programmes referred to in

articles 143 and 144 and the protection of the marine

environment, and will accept verification by the Authority of

148

compliance therewith. The proposed prospector shall, at the

same time, notify the Authority of the approximate area or areas

in which prospecting is to be conducted.

(c) Prospecting may be conducted simultaneously by more than one

prospector in the same area or areas.

2. Prospecting shall not confer on the prospector any rights with

respect to resources. A prospector may, however, recover a reasonable

quantity of minerals to be used for testing.

Article 3

Exploration and exploitation

1. The Enterprise, States Parties, and the other entities referred to in

article 153, paragraph 2(b), may apply to the Authority for approval of plans

of work for activities in the Area.

2. The Enterprise may apply with respect to any part of the Area, but

applications by others with respect to reserved areas are subject to the

additional requirements of article 9 of this Annex.

3. Exploration and exploitation shall be carried out only in areas

specified in plans of work referred to in article 153, paragraph 3, and

approved by the Authority in accordance with this Convention and the

relevant rules, regulations and procedures of the Authority.

4. Every approved plan of work shall:

(a) be in conformity with this Convention and the rules, regulations

and procedures of the Authority;

(b) provide for control by the Authority of activities in the Area in

accordance with article 153, paragraph 4;

(c) confer on the operator, in accordance with the rules, regulations

and procedures of the Authority, the exclusive right to explore

for and exploit the specified categories of resources in the area

covered by the plan of work. If, however, the applicant

presents for approval a plan of work covering only the stage of

exploration or the stage of exploitation, the approved plan of

work shall confer such exclusive right with respect to that stage

only.

5. Upon its approval by the Authority, every plan of work, except those

presented by the Enterprise, shall be in the form of a contract concluded

between the Authority and the applicant or applicants.

Article 4

Qualifications of applicants

1. Applicants, other than the Enterprise, shall be qualified if they have

the nationality or control and sponsorship required by article 153,

paragraph 2(b), and if they follow the procedures and meet the qualification

standards set forth in the rules, regulations and procedures of the Authority.

2. Except as provided in paragraph 6, such qualification standards shall

relate to the financial and technical capabilities of the applicant and his

performance under any previous contracts with the Authority.

3. Each applicant shall be sponsored by the State Party of which it is

a national unless the applicant has more than one nationality, as in the case

of a partnership or consortium of entities from several States, in which event

all States Parties involved shall sponsor the application, or unless the

149

applicant is effectively controlled by another State Party or its nationals, in

which event both States Parties shall sponsor the application. The criteria and

procedures for implementation of the sponsorship requirements shall be set

forth in the rules, regulations and procedures of the Authority.

4. The sponsoring State or States shall, pursuant to article 139, have the

responsibility to ensure, within their legal systems, that a contractor so

sponsored shall carry out activities in the Area in conformity with the terms

of its contract and its obligations under this Convention. A sponsoring State

shall not, however, be liable for damage caused by any failure of a contractor

sponsored by it to comply with its obligations if that State Party has adopted

laws and regulations and taken administrative measures which are, within the

framework of its legal system, reasonably appropriate for securing

compliance by persons under its jurisdiction.

5. The procedures for assessing the qualifications of States Parties

which are applicants shall take into account their character as States.

6. The qualification standards shall require that every applicant,

without exception, shall as part of his application undertake:

(a) to accept as enforceable and comply with the applicable

obligations created by the provisions of Part XI, the rules,

regulations and procedures of the Authority, the decisions of

the organs of the Authority and terms of his contracts with the

Authority;

(b) to accept control by the Authority of activities in the Area, as

authorized by this Convention;

(c) to provide the Authority with a written assurance that his

obligations under the contract will be fulfilled in good faith;

(d) to comply with the provisions on the transfer of technology set

forth in article 5 of this Annex.

Article 5

Transfer of technology

1. When submitting a plan of work, every applicant shall make

available to the Authority a general description of the equipment and methods

to be used in carrying out activities in the Area, and other relevant

non-proprietary information about the characteristics of such technology and

information as to where such technology is available.

2. Every operator shall inform the Authority of revisions in the

description and information made available pursuant to paragraph 1 whenever

a substantial technological change or innovation is introduced.

3. Every contract for carrying out activities in the Area shall contain the

following undertakings by the contractor:

(a) to make available to the Enterprise on fair and reasonable

commercial terms and conditions, whenever the Authority so

requests, the technology which he uses in carrying out activities

in the Area under the contract, which the contractor is legally

entitled to transfer. This shall be done by means of licences or

other appropriate arrangements which the contractor shall

negotiate with the Enterprise and which shall be set forth in a

specific agreement supplementary to the contract. This

undertaking may be invoked only if the Enterprise finds that it

is unable to obtain the same or equally efficient and useful

150

technology on the open market on fair and reasonable

commercial terms and conditions;

(b) to obtain a written assurance from the owner of any technology

used in carrying out activities in the Area under the contract,

which is not generally available on the open market and which

is not covered by subparagraph (a), that the owner will,

whenever the Authority so requests, make that technology

available to the Enterprise under licence or other appropriate

arrangements and on fair and reasonable commercial terms and

conditions, to the same extent as made available to the

contractor. If this assurance is not obtained, the technology in

question shall not be used by the contractor in carrying out

activities in the Area;

(c) to acquire from the owner by means of an enforceable contract,

upon the request of the Enterprise and if it is possible to do so

without substantial cost to the contractor, the legal right to

transfer to the Enterprise any technology used by the contractor,

in carrying out activities in the Area under the contract, which

the contractor is otherwise not legally entitled to transfer and

which is not generally available on the open market. In cases

where there is a substantial corporate relationship between the

contractor and the owner of the technology, the closeness of

this relationship and the degree of control or influence shall be

relevant to the determination whether all feasible measures have

been taken to acquire such a right. In cases where the

contractor exercises effective control over the owner, failure to

acquire from the owner the legal right shall be considered

relevant to the contractor's qualification for any subsequent

application for approval of a plan of work;

(d) to facilitate, upon the request of the Enterprise, the acquisition

by the Enterprise of any technology covered by

subparagraph (b), under licence or other appropriate

arrangements and on fair and reasonable commercial terms and

conditions, if the Enterprise decides to negotiate directly with

the owner of the technology;

(e) to take the same measures as are prescribed in

subparagraphs (a), (b), (c) and (d) for the benefit of a

developing State or group of developing States which has

applied for a contract under article 9 of this Annex, provided

that these measures shall be limited to the exploitation of the

reserved pursuant to article 8 of this Annex and provided that

activities under the contract sought by the developing State or

group of developing States would not involve transfer of

technology to a third State or the nationals of a third State. The

obligation under this provision shall only apply with respect to

any given contractor where technology has not been requested

by the Enterprise or transferred by that contractor to the

Enterprise.

4. Disputes concerning undertakings required by paragraph 3, like other

provisions of the contracts, shall be subject to compulsory settlement in

accordance with Part XI and, in cases of violation of these undertakings,

suspension or termination of the contract or monetary penalties may be

151

ordered in accordance with article 18 of this Annex. Disputes as to whether

offers made by the contractor are within the range of fair and reasonable

commercial terms and conditions may be submitted by either party to binding

commercial arbitration in accordance with the UNCITRAL Arbitration Rules

or such other arbitration rules as may be prescribed in the rules, regulations

and procedures of the Authority. If the finding is that the offer made by the

contractor is not within the range of fair and reasonable commercial terms and

conditions, the contractor shall be given 45 days to revise his offer to bring

it within that range before the Authority takes any action in accordance with

article 18 of this Annex.

5. If the Enterprise is unable to obtain on fair and reasonable

commercial terms and conditions appropriate technology to enable it to

commence in a timely manner the recovery and processing of minerals from

the Area, either the Council or the Assembly may convene a group of States

Parties composed of those which are engaged in activities in the Area, those

which have sponsored entities which are engaged in activities in the Area and

other States Parties having access to such technology. This group shall

consult together and shall take effective measures to ensure that such

technology is made available to the Enterprise on fair and reasonable

commercial terms and conditions. Each such State Party shall take all

feasible measures to this end within its own legal system.

6. In the case of joint ventures with the Enterprise, transfer of

technology will be in accordance with the terms of the joint venture

agreement.

7. The undertakings required by paragraph 3 shall be included in each

contract for the carrying out of activities in the Area until 10 years after the

commencement of commercial production by the Enterprise, and may be

invoked during that period.

8. For the purposes of this article, "technology" means the specialized

equipment and technical know-how, including manuals, designs, operating

instructions, training and technical advice and assistance, necessary to

assemble, maintain and operate a viable system and the legal right to use these

items for that purpose on a non-exclusive basis.

Article 6

Approval of plans of work

1. Six months after the entry into force of this Convention, and

thereafter each fourth month, the Authority shall take up for consideration

proposed plans of work.

2. When considering an application for approval of a plan of work in

the form of a contract, the Authority shall first ascertain whether:

(a) the applicant has complied with the procedures established for

applications in accordance with article 4 of this Annex and has

given the Authority the undertakings and assurances required

by that article. In cases of non-compliance with these

procedures or in the absence of any of these undertakings and

assurances, the applicant shall be given 45 days to remedy these

defects;

(b) the applicant possesses the requisite qualifications provided for

in article 4 of this Annex.

3. All proposed plans of work shall be taken up in the order in which

they are received. The proposed plans of work shall comply with and be

152

governed by the relevant provisions of this Convention and the rules,

regulations and procedures of the Authority, including those on operational

requirements, financial contributions and the undertakings concerning the

transfer of technology. If the proposed plans of work conform to these

requirements, the Authority shall approve them provided that they are in

accordance with the uniform and non-discriminatory requirements set forth

in the rules, regulations and procedures of the Authority, unless:

(a) part or all of the area covered by the proposed plan of work is

included in an approved plan of work or a previously submitted

proposed plan of work which has not yet been finally acted on

by the Authority;

(b) part or all of the area covered by the proposed plan of work is

disapproved by the Authority pursuant to article 162,

paragraph 2(x); or

(c) the proposed plan of work has been submitted or sponsored by

a State Party which already holds:

(i) plans of work for exploration and exploitation of

polymetallic nodules in non-reserved areas that, together

with either part of the area covered by the application for

a plan of work, exceed in size 30 per cent of a circular

area of 400,000 square kilometres surrounding the centre

of either part of the area covered by the proposed plan of

work;

(ii) plans of work for the exploration and exploitation of

polymetallic nodules in non-reserved areas which, taken

together, constitute 2 per cent of the total seabed area

which is not reserved or disapproved for exploitation

pursuant to article 162, paragraph (2)(x).

4. For the purpose of the standard set forth in paragraph 3(c), a plan of

work submitted by a partnership or consortium shall be counted on a pro rata

basis among the sponsoring States Parties involved in accordance with

article 4, paragraph 3, of this Annex. The Authority may approve plans of

work covered by paragraph 3(c) if it determines that such approval would not

permit a State Party or entities sponsored by it to monopolize the conduct of

activities in the Area or to preclude other States Parties from activities in the

Area.

5. Notwithstanding paragraph 3(a), after the end of the interim period

specified in article 151, paragraph 3, the Authority may adopt by means of

rules, regulations and procedures other procedures and criteria consistent with

this Convention for deciding which applicants shall have plans of work

approved in cases of selection among applicants for a proposed area. These

procedures and criteria shall ensure approval of plans of work on an equitable

and non-discriminatory basis.

Article 7

Selection among applicants for production authorizations

1. Six months after the entry into force of this Convention, and

thereafter each fourth month, the Authority shall take up for consideration

applications for production authorizations submitted during the immediately

preceding period. The Authority shall issue the authorizations applied for if

all such applications can be approved without exceeding the production

limitation or contravening the obligations of the Authority under a commodity

153

agreement or arrangement to which it has become a party, as provided in

article 151.

2. When a selection must be made among applicants for production

authorizations because of the production limitation set forth in article 151,

paragraphs 2 to 7, or because of the obligations of the Authority under a

commodity agreement or arrangement to which it has become a party, as

provided for in article 151, paragraph 1, the Authority shall make the

selection on the basis of objective and non-discriminatory standards set forth

in its rules, regulations and procedures.

3. In the application of paragraph 2, the Authority shall give priority to

those applicants which:

(a) give better assurance of performance, taking into account their

financial and technical qualifications and their performance, if

any, under previously approved plans of work;

(b) provide earlier prospective financial benefits to the Authority,

taking into account when commercial production is scheduled

to begin;

(c) have already invested the most resources and effort in

prospecting or exploration.

4. Applicants which are not selected in any period shall have priority

in subsequent periods until they receive a production authorization.

5. Selection shall be made taking into account the need to enhance

opportunities for all States Parties, irrespective of their social and economic

systems or geographical locations so as to avoid discrimination against any

State or system, to participate in activities in the Area and to prevent

monopolization of those activities.

6. Whenever fewer reserved areas than non-reserved areas are under

exploitation, applications for production authorizations with respect to

reserved areas shall have priority.

7. The decisions referred to in this article shall be taken as soon as

possible after the close of each period.

Article 8

Reservation of areas

Each application, other than those submitted by the Enterprise or by any

other entities for reserved areas, shall cover a total area, which need not be a

single continuous area, sufficiently large and of sufficient estimated

commercial value to allow two mining operations. The applicant shall

indicate the coordinates dividing the area into two parts of equal estimated

commercial value and submit all the data obtained by him with respect to both

parts. Without prejudice to the powers of the Authority pursuant to article 17

of this Annex, the data to be submitted concerning polymetallic nodules shall

relate to mapping, sampling, the abundance of nodules, and their metal

content. Within 45 days of receiving such data, the Authority shall designate

which part is to be reserved solely for the conduct of activities by the

Authority through the Enterprise or in association with developing States.

This designation may be deferred for a further period of 45 days if the

Authority requests an independent expert to assess whether all data required

by this article has been submitted. The area designated shall become a

reserved area as soon as the plan of work for the non-reserved area is

approved and the contract is signed.

154

Article 9

Activities in reserved areas

1. The Enterprise shall be given an opportunity to decide whether it

intends to carry out activities in each reserved area. This decision may be

taken at any time, unless a notification pursuant to paragraph 4 is received by

the Authority, in which event the Enterprise shall take its decision within a

reasonable time. The Enterprise may decide to exploit such areas in joint

ventures with the interested State or entity.

2. The Enterprise may conclude contracts for the execution of part of

its activities in accordance with Annex IV, article 12. It may also enter into

joint ventures for the conduct of such activities with any entities which are

eligible to carry out activities in the Area pursuant to article 153,

paragraph 2(b). When considering such joint ventures, the Enterprise shall

offer to States Parties which are developing States and their nationals the

opportunity of effective participation.

3. The Authority may prescribe, in its rules, regulations and

procedures, substantive and procedural requirements and conditions with

respect to such contracts and joint ventures.

4. Any State Party which is a developing State or any natural or

juridical person sponsored by it and effectively controlled by it or by other

developing State which is a qualified applicant, or any group of the foregoing,

may notify the Authority that it wishes to submit a plan of work pursuant to

article 6 of this Annex with respect to a reserved area. The plan of work shall

be considered if the Enterprise decides, pursuant to paragraph 1, that it does

not intend to carry out activities in that area.

Article 10

Preference and priority among applicants

An operator who has an approved plan of work for exploration only, as

provided in article 3, paragraph 4(c), of this Annex shall have a preference

and a priority among applicants for a plan of work covering exploitation of

the same area and resources. However, such preference or priority may be

withdrawn if the operator's performance has not been satisfactory.

Article 11

Joint arrangements

1. Contracts may provide for joint arrangements between the contractor

and the Authority through the Enterprise, in the form of joint ventures or

production sharing, as well as any other form of joint arrangement, which

shall have the same protection against revision, suspension or termination as

contracts with the Authority.

2. Contractors entering into such joint arrangements with the Enterprise

may receive financial incentives as provided for in article 13 of this Annex.

3. Partners in joint ventures with the Enterprise shall be liable for the

payments required by article 13 of this Annex to the extent of their share in

the joint ventures, subject to financial incentives as provided for in that

article.

155

Article 12

Activities carried out by the Enterprise

1. Activities in the Area carried out by the Enterprise pursuant to

article 153, paragraph 2(a), shall be governed by Part XI, the rules,

regulations and procedures of the Authority and its relevant decisions.

2. Any plan of work submitted by the Enterprise shall be accompanied

by evidence supporting its financial and technical capabilities.

Article 13

Financial terms of contracts

1. In adopting rules, regulations and procedures concerning the

financial terms of a contract between the Authority and the entities referred

to in article 153, paragraph 2(b), and in negotiating those financial terms in

accordance with Part XI and those rules, regulations and procedures, the

Authority shall be guided by the following objectives:

(a) to ensure optimum revenues for the Authority from the

proceeds of commercial production;

(b) to attract investments and technology to the exploration and

exploitation of the Area;

(c) to ensure equality of financial treatment and comparable

financial obligations for contractors;

(d) to provide incentives on a uniform and non-discriminatory basis

for contractors to undertake joint arrangements with the

Enterprise and developing States or their nationals, to stimulate

the transfer of technology thereto, and to train the personnel of

the Authority and of developing States;

(e) to enable the Enterprise to engage in seabed mining effectively

at the same time as the entities referred to in article 153,

paragraph 2(b); and

(f) to ensure that, as a result of the financial incentives provided to

contractors under paragraph 14, under the terms of contracts

reviewed in accordance with article 19 of this Annex or under

the provisions of article 11 of this Annex with respect to joint

ventures, contractors are not subsidized so as to be given an

artificial competitive advantage with respect to land-based

miners.

2. A fee shall be levied for the administrative cost of processing an

application for approval of a plan of work in the form of a contract and shall

be fixed at an amount of $US 500,000 per application. The amount of the fee

shall be reviewed from time to time by the Council in order to ensure that it

covers the administrative cost incurred. If such administrative cost incurred

by the Authority in processing an application is less than the fixed amount,

the Authority shall refund the difference to the applicant.

3. A contractor shall pay an annual fixed fee of $US 1 million from the

date of entry into force of the contract. If the approved date of

commencement of commercial production is postponed because of a delay in

issuing the production authorization, in accordance with article 151, the

annual fixed fee shall be waived for the period of postponement. From the

date of commencement of commercial production, the contractor shall pay

either the production charge or the annual fixed fee, whichever is greater.

156

4. Within a year of the date of commencement of commercial

production, in conformity with paragraph 3, a contractor shall choose to make

his financial contribution to the Authority by either:

(a) paying a production charge only; or

(b) paying a combination of a production charge and a share of net

proceeds.

5. (a) If a contractor chooses to make his financial contribution to the

Authority by paying a production charge only, it shall be fixed

at a percentage of the market value of the processed metals

produced from the polymetallic nodules recovered from the area

covered by the contract. This percentage shall be fixed as

follows:

(i) years 1-10 of commercial production

5 per cent

(ii) years 11 to the end of commercial production 12 per cent

(b) The said market value shall be the product of the quantity of the

processed metals produced from the polymetallic nodules

extracted from the area covered by the contract and the average

price for those metals during the relevant accounting year, as

defined in paragraphs 7 and 8.

6. If a contractor chooses to make his financial contribution to the

Authority by paying a combination of a production charge and a share of net

proceeds, such payments shall be determined as follows:

(a) The production charge shall be fixed at a percentage of the

market value, determined in accordance with subpara-graph (b),

of the processed metals produced from the polymetallic nodules

recovered from the area covered by the contract. This

percentage shall be fixed as follows:

(i) first period of commercial production

2 per cent

(ii) second period of commercial production

4 per cent

If, in the second period of commercial production, as defined in

subparagraph (d), the return on investment in any accounting

year as defined in subparagraph (m) falls below 15 per cent as

a result of the payment of the production charge at 4 per cent,

the production charge shall be 2 per cent instead of 4 per cent

in that accounting year.

(b) The said market value shall be the product of the quantity of the

processed metals produced from the polymetallic nodules

recovered from the area covered by the contract and the average

price for those metals during the relevant accounting year as

defined in paragraphs 7 and 8.

(c) (i) The Authority's share of net proceeds shall be taken out

of that portion of the contractor's net proceeds which is

attributable to the mining of the resources of the area

covered by the contract, referred to hereinafter as

attributable net proceeds.

(ii) The Authority's share of attributable net proceeds shall be

determined in accordance with the following incremental

schedule:

157

Portion of attributable

net proceeds

That portion representing a

return on investment which

is greater than 0 per cent,

but less than 10 per cent

That portion representing a

return on investment which

is 10 per cent or greater, but

less than 20 per cent

That portion representing a

return on investment which

is 20 per cent or greater

(d)

Share of the Authority

First period of

commercial

production

Second period of

commercial

production

35 per cent

40 per cent

42.5 per cent

50 per cent

50 per cent

70 per cent

(i) The first period of commercial production referred to in

subparagraphs (a) and (c) shall commence in the first

accounting year of commercial production and terminate

in the accounting year in which the contractor's

development costs with interest on the unrecovered

portion thereof are fully recovered by his cash surplus, as

follows:

In the first accounting year during which development

costs are incurred, unrecovered development costs shall

equal the development costs less cash surplus in that year.

In each subsequent accounting year, unrecovered

development costs shall equal the unrecovered

development costs at the end of the preceding accounting

year, plus interest thereon at the rate of 10 per cent per

annum, plus development costs incurred in the current

accounting year and less contractor's cash surplus in the

current accounting year. The accounting year in which

unrecovered development costs become zero for the first

time shall be the accounting year in which the contractor's

development costs with interest on the unrecovered

portion thereof are fully recovered by his cash surplus.

The contractor's cash surplus in any accounting year shall

be his gross proceeds less his operating costs and less his

payments to the Authority under subparagraph (c).

(ii) The second period of commercial production shall

commence in the accounting year following the

termination of the first period of commercial production

and shall continue until the end of the contract.

(e) "Attributable net proceeds" means the product of the

contractor's net proceeds and the ratio of the development costs

in the mining sector to the contractor's development costs. If

the contractor engages in mining, transporting polymetallic

nodules and production primarily of three processed metals,

158

namely, cobalt, copper and nickel, the amount of attributable

net proceeds shall not be less than 25 per cent of the

contractor's net proceeds. Subject to subparagraph (n), in all

other cases, including those where the contractor engages in

mining, transporting polymetallic nodules, and production

primarily of four processed metals, namely, cobalt, copper,

manganese and nickel, the Authority may, in its rules,

regulations and procedures, prescribe appropriate floors which

shall bear the same relationship to each case as the 25 per cent

floor does to the three-metal case.

(f) "Contractor's net proceeds" means the contractor's gross

proceeds less his operating costs and less the recovery of his

development costs as set out in subparagraph (j).

(g) (i) If the contractor engages in mining, transporting

polymetallic nodules and production of processed metals,

"contractor's gross proceeds" means the gross revenues

from the sale of the processed metals and any other

monies deemed reasonably attributable to operations

under the contract in accordance with the financial rules,

regulations and procedures of the Authority.

(ii) In all cases other than those specified in

subparagraphs (g)(i) and (n)(iii), "contractor's gross

proceeds" means the gross revenues from the sale of the

semi-processed metals from the polymetallic nodules

recovered from the area covered by the contract, and any

other monies deemed reasonably attributable to operations

under the contract in accordance with the financial rules,

regulations and procedures of the Authority.

(h) "Contractor's development costs" means:

(i) all expenditures incurred prior to the commencement of

commercial production which are directly related to the

development of the productive capacity of the area

covered by the contract and the activities related thereto

for operations under the contract in all cases other than

that specified in subparagraph (n), in conformity with

generally recognized accounting principles, including,

inter alia, costs of machinery, equipment, ships,

processing plant, construction, buildings, land, roads,

prospecting and exploration of the area covered by the

contract, research and development, interest, required

leases, licences and fees; and

(ii) expenditures similar to those set forth in (i) above

incurred subsequent to the commencement of commercial

production and necessary to carry out the plan of work,

except those chargeable to operating costs.

(i) The proceeds from the disposal of capital assets and the market

value of those capital assets which are no longer required for

operations under the contract and which are not sold shall be

deducted from the contractor's development costs during the

relevant accounting year. When these deductions exceed the

contractor's development costs the excess shall be added to the

contractor's gross proceeds.

159

(j) The contractor's development costs incurred prior to the

commencement of commercial production referred to in

subparagraphs (h)(i) and (n)(iv) shall be recovered in 10 equal

annual instalments from the date of commencement of

commercial production. The contractor's development costs

incurred subsequent to the commencement of commercial

production referred to in subparagraphs (h)(ii) and (n)(iv) shall

be recovered in 10 or fewer equal annual instalments so as to

ensure their complete recovery by the end of the contract.

(k) "Contractor's operating costs" means all expenditures incurred

after the commencement of commercial production in the

operation of the productive capacity of the area covered by the

contract and the activities related thereto for operations under

the contract, in conformity with generally recognized

accounting principles, including, inter alia, the annual fixed fee

or the production charge, whichever is greater, expenditures for

wages, salaries, employee benefits, materials, services,

transporting, processing and marketing costs, interest, utilities,

preservation of the marine environment, overhead and

administrative costs specifically related to operations under the

contract, and any net operating losses carried forward or

backward as specified herein. Net operating losses may be

carried forward for two consecutive years except in the last two

years of the contract in which case they may be carried

backward to the two preceding years.

(l) If the contractor engages in mining, transporting of polymetallic

nodules, and production of processed and semi-processed

metals, "development costs of the mining sector" means the

portion of the contractor's development costs which is directly

related to the mining of the resources of the area covered by the

contract, in conformity with generally recognized accounting

principles, and the financial rules, regulations and procedures

of the Authority, including, inter alia, application fee, annual

fixed fee and, where applicable, costs of prospecting and

exploration of the area covered by the contract, and a portion of

research and development costs.

(m) "Return on investment" in any accounting year means the ratio

of attributable net proceeds in that year to the development

costs of the mining sector. For the purpose of computing this

ratio the development costs of the mining sector shall include

expenditures on new or replacement equipment in the mining

sector less the original cost of the equipment replaced.

(n) If the contractor engages in mining only:

(i) "attributable net proceeds" means the whole of the

contractor's net proceeds;

(ii) "contractor's net proceeds" shall be as defined in

subparagraph (f);

(iii) "contractor's gross proceeds" means the gross revenues

from the sale of the polymetallic nodules, and any other

monies deemed reasonably attributable to operations

under the contract in accordance with the financial rules,

regulations and procedures of the Authority;

160

(iv) "contractor's development costs" means all expenditures

incurred prior to the commencement of commercial

production as set forth in subparagraph (h)(i), and all

expenditures incurred subsequent to the commencement

of commercial production as set forth in

subparagraph (h)(ii), which are directly related to the

mining of the resources of the area covered by the

contract, in conformity with generally recognized

accounting principles;

(v) "contractor's operating costs" means the contractor's

operating costs as in subparagraph (k) which are directly

related to the mining of the resources of the area covered

by the contract in conformity with generally recognized

accounting principles;

(vi) "return on investment" in any accounting year means the

ratio of the contractor's net proceeds in that year to the

contractor's development costs. For the purpose of

computing this ratio, the contractor's development costs

shall include expenditures on new or replacement

equipment less the original cost of the equipment

replaced.

(o) The costs referred to in subparagraphs (h), (k), (l) and (n) in

respect of interest paid by the contractor shall be allowed to the

extent that, in all the circumstances, the Authority approves,

pursuant to article 4, paragraph 1, of this Annex, the debt-equity

ratio and the rates of interest as reasonable, having regard to

existing commercial practice.

(p) The costs referred to in this paragraph shall not be interpreted

as including payments of corporate income taxes or similar

charges levied by States in respect of the operations of the

contractor.

7. (a) "Processed metals", referred to in paragraphs 5 and 6, means

the metals in the most basic form in which they are customarily

traded on international terminal markets. For this purpose, the

Authority shall specify, in its financial rules, regulations and

procedures, the relevant international terminal market. For the

metals which are not traded on such markets, "processed

metals" means the metals in the most basic form in which they

are customarily traded in representative arm's length

transactions.

(b) If the Authority cannot otherwise determine the quantity of the

processed metals produced from the polymetallic nodules

recovered from the area covered by the contract referred to in

paragraphs 5(b) and 6(b), the quantity shall be determined on

the basis of the metal content of the nodules, processing

recovery efficiency and other relevant factors, in accordance

with the rules, regulations and procedures of the Authority and

in conformity with generally recognized accounting principles.

8. If an international terminal market provides a representative pricing

mechanism for processed metals, polymetallic nodules and semi-processed

metals from the nodules, the average price on that market shall be used. In

all other cases, the Authority shall, after consulting the contractor, determine

a fair price for the said products in accordance with paragraph 9.

161

9.

(a) All costs, expenditures, proceeds and revenues and all

determinations of price and value referred to in this article shall

be the result of free market or arm's length transactions. In the

absence thereof, they shall be determined by the Authority, after

consulting the contractor, as though they were the result of free

market or arm's length transactions, taking into account relevant

transactions in other markets.

(b) In order to ensure compliance with and enforcement of the

provisions of this paragraph, the Authority shall be guided by

the principles adopted for, and the interpretation given to, arm's

length transactions by the Commission on Transnational

Corporations of the United Nations, the Group of Experts on

Tax Treaties between Developing and Developed Countries and

other international organizations, and shall, in its rules,

regulations and procedures, specify uniform and internationally

acceptable accounting rules and procedures, and the means of

selection by the contractor of certified independent accountants

acceptable to the Authority for the purpose of carrying out

auditing in compliance with those rules, regulations and

procedures.

10. The contractor shall make available to the accountants, in accordance

with the financial rules, regulations and procedures of the Authority, such

financial data as are required to determine compliance with this article.

11. All costs, expenditures, proceeds and revenues, and all prices and

values referred to in this article, shall be determined in accordance with

generally recognized accounting principles and the financial rules, regulations

and procedures of the Authority.

12. Payments to the Authority under paragraphs 5 and 6 shall be made

in freely usable currencies or currencies which are freely available and

effectively usable on the major foreign exchange markets or, at the

contractor's option, in the equivalents of processed metals at market value.

The market value shall be determined in accordance with paragraph 5(b). The

freely usable currencies and currencies which are freely available and

effectively usable on the major foreign exchange markets shall be defined in

the rules, regulations and procedures of the Authority in accordance with

prevailing international monetary practice.

13. All financial obligations of the contractor to the Authority, as well

as all his fees, costs, expenditures, proceeds and revenues referred to in this

article, shall be adjusted by expressing them in constant terms relative to a

base year.

14. The Authority may, taking into account any recommendations of the

Economic Planning Commission and the Legal and Technical Commission,

adopt rules, regulations and procedures that provide for incentives, on a

uniform and non-discriminatory basis, to contractors to further the objectives

set out in paragraph 1.

15. In the event of a dispute between the Authority and a contractor over

the interpretation or application of the financial terms of a contract, either

party may submit the dispute to binding commercial arbitration, unless both

parties agree to settle the dispute by other means, in accordance with

article 188, paragraph 2.

162

Article 14

Transfer of data

1. The operator shall transfer to the Authority, in accordance with its

rules, regulations and procedures and the terms and conditions of the plan of

work, at time intervals determined by the Authority all data which are both

necessary for and relevant to the effective exercise of the powers and

functions of the principal organs of the Authority in respect of the area

covered by the plan of work.

2. Transferred data in respect of the area covered by the plan of work,

deemed proprietary, may only be used for the purposes set forth in this article.

Data necessary for the formulation by the Authority of rules, regulations and

procedures concerning protection of the marine environment and safety, other

than equipment design data, shall not be deemed proprietary.

3. Data transferred to the Authority by prospectors, applicants for

contracts or contractors, deemed proprietary, shall not be disclosed by the

Authority to the Enterprise or to anyone external to the Authority, but data on

the reserved areas may be disclosed to the Enterprise. Such data transferred

by such persons to the Enterprise shall not be disclosed by the Enterprise to

the Authority or to anyone external to the Authority.

Article 15

Training programmes

The contractor shall draw up practical programmes for the training of

personnel of the Authority and developing States, including the participation

of such personnel in all activities in the Area which are covered by the

contract, in accordance with article 144, paragraph 2.

Article 16

Exclusive right to explore and exploit

The Authority shall, pursuant to Part XI and its rules, regulations and

procedures, accord the operator the exclusive right to explore and exploit the

area covered by the plan of work in respect of a specified category of

resources and shall ensure that no other entity operates in the same area for

a different category of resources in a manner which might interfere with the

operations of the operator. The operator shall have security of tenure in

accordance with article 153, paragraph 6.

Article 17

Rules, regulations and procedures of the Authority

1. The Authority shall adopt and uniformly apply rules, regulations and

procedures in accordance with article 160, paragraph 2(f)(ii), and article 162,

paragraph 2(o)(ii), for the exercise of its functions as set forth in Part XI on,

inter alia, the following matters:

(a) administrative procedures relating to prospecting, exploration

and exploitation in the Area;

(b) operations:

(i) size of area;

(ii) duration of operations;

163

(iii) performance requirements including assurances pursuant

to article 4, paragraph 6(c), of this Annex;

(iv) categories of resources;

(v) renunciation of areas;

(vi) progress reports;

(vii) submission of data;

(viii) inspection and supervision of operations;

(ix) prevention of interference with other activities in the

marine environment;

(x) transfer of rights and obligations by a contractor;

(xi) procedures for transfer of technology to developing States

in accordance with article 144 and for their direct

participation;

(xii) mining standards and practices, including those relating

to operational safety, conservation of the resources and

the protection of the marine environment;

(xiii) definition of commercial production;

(xiv) qualification standards for applicants;

(c) financial matters:

(i) establishment of uniform and non-discriminatory costing

and accounting rules and the method of selection of

auditors;

(ii) apportionment of proceeds of operations;

(iii) the incentives referred to in article 13 of this Annex;

(d) implementation of decisions taken pursuant to article 151,

paragraph 10, and article 164, paragraph 2(d).

2. Rules, regulations and procedures on the following items shall fully

reflect the objective criteria set out below:

(a) Size of areas:

The Authority shall determine the appropriate size of

areas for exploration which may be up to twice as large as those

for exploitation in order to permit intensive exploration

operations. The size of area shall be calculated to satisfy the

requirements of article 8 of this Annex on reservation of areas

as well as stated production requirements consistent with

article 151 in accordance with the terms of the contract taking

into account the state of the art of technology then available for

seabed mining and the relevant physical characteristics of the

areas. Areas shall be neither smaller nor larger than are

necessary to satisfy this objective.

(b) Duration of operations:

(i) Prospecting shall be without time-limit;

(ii) Exploration should be of sufficient duration to permit a

thorough survey of the specific area, the design and

construction of mining equipment for the area and the

design and construction of small and medium-size

processing plants for the purpose of testing mining and

processing systems;

(iii) The duration of exploitation should be related to the

economic life of the mining project, taking into

consideration such factors as the depletion of the ore, the

useful life of mining equipment and processing facilities

and commercial viability. Exploitation should be of

164

sufficient duration to permit commercial extraction of

minerals of the area and should include a reasonable time

period for construction of commercial-scale mining and

processing systems, during which period commercial

production should not be required. The total duration of

exploitation, however, should also be short enough to give

the Authority an opportunity to amend the terms and

conditions of the plan of work at the time it considers

renewal in accordance with rules, regulations and

procedures which it has adopted subsequent to approving

the plan of work.

(c) Performance requirements:

The Authority shall require that during the exploration

stage periodic expenditures be made by the operator which are

reasonably related to the size of the area covered by the plan of

work and the expenditures which would be expected of a

bona fide operator who intended to bring the area into

commercial production within the time-limits established by the

Authority. The required expenditures should not be established

at a level which would discourage prospective operators with

less costly technology than is prevalently in use. The Authority

shall establish a maximum time interval, after the exploration

stage is completed and the exploitation stage begins, to achieve

commercial production. To determine this interval, the

Authority should take into consideration that construction of

large-scale mining and processing systems cannot be initiated

until after the termination of the exploration stage and the

commencement of the exploitation stage. Accordingly, the

interval to bring an area into commercial production should take

into account the time necessary for this construction after the

completion of the exploration stage and reasonable allowance

should be made for unavoidable delays in the construction

schedule. Once commercial production is achieved, the

Authority shall within reasonable limits and taking into

consideration all relevant factors require the operator to

maintain commercial production throughout the period of the

plan of work.

(d) Categories of resources:

In determining the category of resources in respect of

which a plan of work may be approved, the Authority shall give

emphasis inter alia to the following characteristics:

(i) that certain resources require the use of similar mining

methods; and

(ii) that some resources can be developed simultaneously

without undue interference between operators developing

different resources in the same area.

Nothing in this subparagraph shall preclude the Authority from

approving a plan of work with respect to more than one

category of resources in the same area to the same applicant.

(e) Renunciation of areas:

The operator shall have the right at any time to renounce

without penalty the whole or part of his rights in the area

covered by a plan of work.

165

(f) Protection of the marine environment:

Rules, regulations and procedures shall be drawn up in

order to secure effective protection of the marine environment

from harmful effects directly resulting from activities in the

Area or from shipboard processing immediately above a mine

site of minerals derived from that mine site, taking into account

the extent to which such harmful effects may directly result

from drilling, dredging, coring and excavation and from

disposal, dumping and discharge into the marine environment

of sediment, wastes or other effluents.

(g) Commercial production:

Commercial production shall be deemed to have begun if

an operator engages in sustained large-scale recovery operations

which yield a quantity of materials sufficient to indicate clearly

that the principal purpose is large-scale production rather than

production intended for information gathering, analysis or the

testing of equipment or plant.

Article 18

Penalties

1. A contractor's rights under the contract may be suspended or

terminated only in the following cases:

(a) if, in spite of warnings by the Authority, the contractor has

conducted his activities in such a way as to result in serious,

persistent and wilful violations of the fundamental terms of the

contract, Part XI and the rules, regulations and procedures of

the Authority; or

(b) if the contractor has failed to comply with a final binding

decision of the dispute settlement body applicable to him.

2. In the case of any violation of the contract not covered by

paragraph 1(a), or in lieu of suspension or termination under paragraph 1(a),

the Authority may impose upon the contractor monetary penalties

proportionate to the seriousness of the violation.

3. Except for emergency orders under article 162, paragraph 2(w), the

Authority may not execute a decision involving monetary penalties,

suspension or termination until the contractor has been accorded a reasonable

opportunity to exhaust the judicial remedies available to him pursuant to

Part XI, section 5.

Article 19

Revision of contract

1. When circumstances have arisen or are likely to arise which, in the

opinion of either party, would render the contract inequitable or make it

impracticable or impossible to achieve the objectives set out in the contract

or in Part XI, the parties shall enter into negotiations to revise it accordingly.

2. Any contract entered into in accordance with article 153,

paragraph 3, may be revised only with the consent of the parties.

166

Article 20

Transfer of rights and obligations

The rights and obligations arising under a contract may be transferred

only with the consent of the Authority, and in accordance with its rules,

regulations and procedures. The Authority shall not unreasonably withhold

consent to the transfer if the proposed transferee is in all respects a qualified

applicant and assumes all of the obligations of the transferor and if the

transfer does not confer to the transferee a plan of work, the approval of

which would be forbidden by article 6, paragraph 3(c), of this Annex.

Article 21

Applicable law

1. The contract shall be governed by the terms of the contract, the rules,

regulations and procedures of the Authority, Part XI and other rules of

international law not incompatible with this Convention.

2. Any final decision rendered by a court or tribunal having jurisdiction

under this Convention relating to the rights and obligations of the Authority

and of the contractor shall be enforceable in the territory of each State Party.

3. No State Party may impose conditions on a contractor that are

inconsistent with Part XI. However, the application by a State Party to

contractors sponsored by it, or to ships flying its flag, of environmental or

other laws and regulations more stringent than those in the rules, regulations

and procedures of the Authority adopted pursuant to article 17,

paragraph 2(f), of this Annex shall not be deemed inconsistent with Part XI.

Article 22

Responsibility

The contractor shall have responsibility or liability for any damage

arising out of wrongful acts in the conduct of its operations, account being

taken of contributory acts or omissions by the Authority. Similarly, the

Authority shall have responsibility or liability for any damage arising out of

wrongful acts in the exercise of its powers and functions, including violations

under article 168, paragraph 2, account being taken of contributory acts or

omissions by the contractor. Liability in every case shall be for the actual

amount of damage.

ANNEX IV. STATUTE OF THE ENTERPRISE

Article 1

Purposes

1. The Enterprise is the organ of the Authority which shall carry out

activities in the Area directly, pursuant to article 153, paragraph 2 (a), as well

as the transporting, processing and marketing of minerals recovered from the

Area.

2. In carrying out its purposes and in the exercise of its functions, the

Enterprise shall act in accordance with this Convention and the rules,

regulations and procedures of the Authority.

167

3. In developing the resources of the Area pursuant to paragraph 1, the

Enterprise shall, subject to this Convention, operate in accordance with sound

commercial principles.

Article 2

Relationship to the Authority

1. Pursuant to article 170, the Enterprise shall act in accordance with

the general policies of the Assembly and the directives of the Council.

2. Subject to paragraph l, the Enterprise shall enjoy autonomy in the

conduct of its operations.

3. Nothing in this Convention shall make the Enterprise liable for the

acts or obligations of the Authority, or make the Authority liable for the acts

or obligations of the Enterprise.

Article 3

Limitation of liability

Without prejudice to article 11, paragraph 3, of this Annex, no member

of the Authority shall be liable by reason only of its membership for the acts

or obligations of the Enterprise.

Article 4

Structure

The Enterprise shall have a Governing Board, a Director-General and the

staff necessary for the exercise of its functions.

Article 5

Governing Board

1. The Governing Board shall be composed of 15 members elected by

the Assembly in accordance with article 160, paragraph 2(c). In the election

of the members of the Board, due regard shall be paid to the principle of

equitable geographical distribution. In submitting nominations of candidates

for election to the Board, members of the Authority shall bear in mind the

need to nominate candidates of the highest standard of competence, with

qualifications in relevant fields, so as to ensure the viability and success of

the Enterprise.

2. Members of the Board shall be elected for four years and may be

re-elected; and due regard shall be paid to the principle of rotation of

membership.

3. Members of the Board shall continue in office until their successors

are elected. If the office of a member of the Board becomes vacant, the

Assembly shall, in accordance with article 160, paragraph 2(c), elect a new

member for the remainder of his predecessor's term.

4. Members of the Board shall act in their personal capacity. In the

performance of their duties they shall not seek or receive instructions from

any government or from any other source. Each member of the Authority

shall respect the independent character of the members of the Board and shall

refrain from all attempts to influence any of them in the discharge of their

duties.

168

5. Each member of the Board shall receive remuneration to be paid out

of the funds of the Enterprise. The amount of remuneration shall be fixed by

the Assembly, upon the recommendation of the Council.

6. The Board shall normally function at the principal office of the

Enterprise and shall meet as often as the business of the Enterprise may

require.

7. Two thirds of the members of the Board shall constitute a quorum.

8. Each member of the Board shall have one vote. All matters before

the Board shall be decided by a majority of its members. If a member has a

conflict of interest on a matter before the Board he shall refrain from voting

on that matter.

9. Any member of the Authority may ask the Board for information in

respect of its operations which particularly affect that member. The Board

shall endeavour to provide such information.

Article 6

Powers and functions of the Governing Board

The Governing Board shall direct the operations of the Enterprise.

Subject to this Convention, the Governing Board shall exercise the powers

necessary to fulfil the purposes of the Enterprise, including powers:

(a) to elect a Chairman from among its members;

(b) to adopt its rules of procedure;

(c) to draw up and submit formal written plans of work to the Council

in accordance with article 153, paragraph 3, and article 162,

paragraph 2(j);

(d) to develop plans of work and programmes for carrying out the

activities specified in article 170;

(e) to prepare and submit to the Council applications for production

authorizations in accordance with article 151, paragraphs 2 to 7;

(f) to authorize negotiations concerning the acquisition of technology,

including those provided for in Annex III, article 5,

paragraph 3(a), (c) and (d), and to approve the results of those

negotiations;

(g) to establish terms and conditions, and to authorize negotiations,

concerning joint ventures and other forms of joint arrangements

referred to in Annex III, articles 9 and 11, and to approve the results

of such negotiations;

(h) to recommend to the Assembly what portion of the net income of the

Enterprise should be retained as its reserves in accordance with

article 160, paragraph 2(f), and article 10 of this Annex;

(i) to approve the annual budget of the Enterprise;

(j) to authorize the procurement of goods and services in accordance

with article 12, paragraph 3, of this Annex;

(k) to submit an annual report to the Council in accordance with

article 9 of this Annex;

(l) to submit to the Council for the approval of the Assembly draft rules

in respect of the organization, management, appointment and

dismissal of the staff of the Enterprise and to adopt regulations to

give effect to such rules;

(m) to borrow funds and to furnish such collateral or other security as it

may determine in accordance with article 11, paragraph 2, of this

169

(n) to enter into any legal proceedings, agreements and transactions and

to take any other actions in accordance with article 13 of this Annex;

(o) to delegate, subject to the approval of the Council, any

non-discretionary powers to the Director-General and to its

committees.

Article 7

Director-General and staff of the Enterprise

1. The Assembly shall, upon the recommendation of the Council and

the nomination of the Governing Board, elect the Director-General of the

Enterprise who shall not be a member of the Board. The Director-General

shall hold office for a fixed term, not exceeding five years, and may be

re-elected for further terms.

2. The Director-General shall be the legal representative and chief

executive of the Enterprise and shall be directly responsible to the Board for

the conduct of the operations of the Enterprise. He shall be responsible for

the organization, management, appointment and dismissal of the staff of the

Enterprise in accordance with the rules and regulations referred to in article 6,

subparagraph (l), of this Annex. He shall participate, without the right to

vote, in the meetings of the Board and may participate, without the right to

vote, in the meetings of the Assembly and the Council when these organs are

dealing with matters concerning the Enterprise.

3. The paramount consideration in the recruitment and employment of

the staff and in the determination of their conditions of service shall be the

necessity of securing the highest standards of efficiency and of technical

competence. Subject to this consideration, due regard shall be paid to the

importance of recruiting the staff on an equitable geographical basis.

4. In the performance of their duties the Director-General and the staff

shall not seek or receive instructions from any government or from any other

source external to the Enterprise. They shall refrain from any action which

might reflect on their position as international officials of the Enterprise

responsible only to the Enterprise. Each State Party undertakes to respect the

exclusively international character of the responsibilities of the

Director-General and the staff and not to seek to influence them in the

discharge of their responsibilities.

5. The responsibilities set forth in article 168, paragraph 2, are equally

applicable to the staff of the Enterprise.

Article 8

Location

The Enterprise shall have its principal office at the seat of the Authority.

The Enterprise may establish other offices and facilities in the territory of any

State Party with the consent of that State Party.

Article 9

Reports and financial statements

1. The Enterprise shall, not later than three months after the end of each

financial year, submit to the Council for its consideration an annual report

containing an audited statement of its accounts and shall transmit to the

170

Council at appropriate intervals a summary statement of its financial position

and a profit and loss statement showing the results of its operations.

2. The Enterprise shall publish its annual report and such other reports

as it finds appropriate.

3. All reports and financial statements referred to in this article shall be

distributed to the members of the Authority.

Article 10

Allocation of net income

1. Subject to paragraph 3, the Enterprise shall make payments to the

Authority under Annex III, article 13, or their equivalent.

2. The Assembly shall, upon the recommendation of the Governing

Board, determine what portion of the net income of the Enterprise shall be

retained as reserves of the Enterprise. The remainder shall be transferred to

the Authority.

3. During an initial period required for the Enterprise to become

self-supporting, which shall not exceed 10 years from the commencement of

commercial production by it, the Assembly shall exempt the Enterprise from

the payments referred to in paragraph 1, and shall leave all of the net income

of the Enterprise in its reserves.

Article 11

Finances

1.

2.

3.

The funds of the Enterprise shall include:

(a) amounts received from the Authority in accordance with

article 173, paragraph 2(b);

(b) voluntary contributions made by States Parties for the purpose

of financing activities of the Enterprise;

(c) amounts borrowed by the Enterprise in accordance with

paragraphs 2 and 3;

(d) income of the Enterprise from its operations;

(e) other funds made available to the Enterprise to enable it to

commence operations as soon as possible and to carry out its

functions.

(a) The Enterprise shall have the power to borrow funds and to

furnish such collateral or other security as it may determine.

Before making a public sale of its obligations in the financial

markets or currency of a State Party, the Enterprise shall obtain

the approval of that State Party. The total amount of

borrowings shall be approved by the Council upon the

recommendation of the Governing Board.

(b) States Parties shall make every reasonable effort to support

applications by the Enterprise for loans on capital markets and

from international financial institutions.

(a) The Enterprise shall be provided with the funds necessary to

explore and exploit one mine site, and to transport, process and

market the minerals recovered therefrom and the nickel, copper,

cobalt and manganese obtained, and to meet its initial

administrative expenses. The amount of the said funds, and the

criteria and factors for its adjustment, shall be included by the

171

Preparatory Commission in the draft rules, regulations and

procedures of the Authority.

(b) All States Parties shall make available to the Enterprise an

amount equivalent to one half of the funds referred to in

subparagraph (a) by way of long-term interest-free loans in

accordance with the scale of assessments for the United Nations

regular budget in force at the time when the assessments are

made, adjusted to take into account the States which are not

members of the United Nations. Debts incurred by the

Enterprise in raising the other half of the funds shall be

guaranteed by all States Parties in accordance with the same

scale.

(c) If the sum of the financial contributions of States Parties is less

than the funds to be provided to the Enterprise under

subparagraph (a), the Assembly shall, at its first session,

consider the extent of the shortfall and adopt by consensus

measures for dealing with this shortfall, taking into account the

obligation of States Parties under subparagraphs (a) and (b) and

any recommendations of the Preparatory Commission.

(d) (i) Each State Party shall, within 60 days after the entry into

force of this Convention, or within 30 days after the

deposit of its instrument of ratification or accession,

whichever is later, deposit with the Enterprise irrevocable,

non-negotiable, non-interest-bearing promissory notes in

the amount of the share of such State Party of interest-free

loans pursuant to subparagraph (b).

(ii) The Board shall prepare, at the earliest practicable date

after this Convention enters into force, and thereafter at

annual or other appropriate intervals, a schedule of the

magnitude and timing of its requirements for the funding

of its administrative expenses and for activities carried out

by the Enterprise in accordance with article 170 and

article 12 of this Annex.

(iii) The States Parties shall, thereupon, be notified by the

Enterprise, through the Authority, of their respective

shares of the funds in accordance with subparagraph (b),

required for such expenses. The Enterprise shall encash

such amounts of the promissory notes as may be required

to meet the expenditure referred to in the schedule with

respect to interest-free loans.

(iv) States Parties shall, upon receipt of the notification, make

available their respective shares of debt guarantees for the

Enterprise in accordance with subparagraph (b).

(e) (i) If the Enterprise so requests, State Parties may provide

debt guarantees in addition to those provided in

accordance with the scale referred to in subparagraph (b).

(ii) In lieu of debt guarantees, a State Party may make a

voluntary contribution to the Enterprise in an amount

equivalent to that portion of the debts which it would

otherwise be liable to guarantee.

(f) Repayment of the interest-bearing loans shall have priority over

the repayment of the interest-free loans. Repayment of

interest-free loans shall be in accordance with a schedule

172

adopted by the Assembly, upon the recommendation of the

Council and the advice of the Board. In the exercise of this

function the Board shall be guided by the relevant provisions of

the rules, regulations and procedures of the Authority, which

shall take into account the paramount importance of ensuring

the effective functioning of the Enterprise and, in particular,

ensuring its financial independence.

(g) Funds made available to the Enterprise shall be in freely usable

currencies or currencies which are freely available and

effectively usable in the major foreign exchange markets.

These currencies shall be defined in the rules, regulations and

procedures of the Authority in accordance with prevailing

international monetary practice. Except as provided in

paragraph 2, no State Party shall maintain or impose restrictions

on the holding, use or exchange by the Enterprise of these

funds.

(h) "Debt guarantee" means a promise of a State Party to creditors

of the Enterprise to pay, pro rata in accordance with the

appropriate scale, the financial obligations of the Enterprise

covered by the guarantee following notice by the creditors to

the State Party of a default by the Enterprise. Procedures for

the payment of those obligations shall be in conformity with the

rules, regulations and procedures of the Authority.

4. The funds, assets and expenses of the Enterprise shall be kept

separate from those of the Authority. This article shall not prevent the

Enterprise from making arrangements with the Authority regarding facilities,

personnel and services and arrangements for reimbursement of administrative

expenses paid by either on behalf of the other.

5. The records, books and accounts of the Enterprise, including its

annual financial statements, shall be audited annually by an independent

auditor appointed by the Council.

Article 12

Operations

1. The Enterprise shall propose to the Council projects for carrying out

activities in accordance with article 170. Such proposals shall include a

formal written plan of work for activities in the Area in accordance with

article 153, paragraph 3, and all such other information and data as may be

required from time to time for its appraisal by the Legal and Technical

Commission and approval by the Council.

2. Upon approval by the Council, the Enterprise shall execute the

project on the basis of the formal written plan of work referred to in

paragraph 1.

3. (a) If the Enterprise does not possess the goods and services

required for its operations it may procure them. For that

purpose, it shall issue invitations to tender and award contracts

to bidders offering the best combination of quality, price and

delivery time.

(b) If there is more than one bid offering such a combination, the

contract shall be awarded in accordance with:

(i) the principle of non-discrimination on the basis of

political or other considerations not relevant to the

173

carrying out of operations with due diligence and

efficiency; and

(ii) guidelines approved by the Council with regard to the

preferences to be accorded to goods and services

originating in developing States, including the

land-locked and geographically disadvantaged among

them.

(c) The Governing Board may adopt rules determining the special

circumstances in which the requirement of invitations to bid

may, in the best interests of the Enterprise, be dispensed with.

4. The Enterprise shall have title to all minerals and processed

substances produced by it.

5. The Enterprise shall sell its products on a non-discriminatory basis.

It shall not give non-commercial discounts.

6. Without prejudice to any general or special power conferred on the

Enterprise under any other provision of this Convention, the Enterprise shall

exercise such powers incidental to its business as shall be necessary.

7. The Enterprise shall not interfere in the political affairs of any State

Party; nor shall it be influenced in its decisions by the political character of

the State Party concerned. Only commercial considerations shall be relevant

to its decisions, and these considerations shall be weighed impartially in order

to carry out the purposes specified in article 1 of this Annex.

Article 13

Legal status, privileges and immunities

1. To enable the Enterprise to exercise its functions, the status,

privileges and immunities set forth in this article shall be accorded to the

Enterprise in the territories of States Parties. To give effect to this principle

the Enterprise and States Parties may, where necessary, enter into special

agreements.

2. The Enterprise shall have such legal capacity as is necessary for the

exercise of its functions and the fulfilment of its purposes and, in particular,

the capacity:

(a) to enter into contracts, joint arrangements or other

arrangements, including agreements with States and

international organizations;

(b) to acquire, lease, hold and dispose of immovable and movable

property;

(c) to be a party to legal proceedings.

3. (a) Actions may be brought against the Enterprise only in a court

of competent jurisdiction in the territory of a State Party in

which the Enterprise:

(i) has an office or facility;

(ii) has appointed an agent for the purpose of accepting

service or notice of process;

(iii) has entered into a contract for goods or services;

(iv) has issued securities; or

(v) is otherwise engaged in commercial activity.

(b) The property and assets of the Enterprise, wherever located and

by whomsoever held, shall be immune from all forms of

seizure, attachment or execution before the delivery of final

judgment against the Enterprise.

174

4.

(a) The property and assets of the Enterprise, wherever located and

by whomsoever held, shall be immune from requisition,

confiscation, expropriation or any other form of seizure by

executive or legislative action.

(b) The property and assets of the Enterprise, wherever located and

by whomsoever held, shall be free from discriminatory

restrictions, regulations, controls and moratoria of any nature.

(c) The Enterprise and its employees shall respect local laws and

regulations in any State or territory in which the Enterprise or

its employees may do business or otherwise act.

(d) States Parties shall ensure that the Enterprise enjoys all rights,

privileges and immunities accorded by them to entities

conducting commercial activities in their territories. These

rights, privileges and immunities shall be accorded to the

Enterprise on no less favourable a basis than that on which they

are accorded to entities engaged in similar commercial

activities. If special privileges are provided by States Parties

for developing States or their commercial entities, the

Enterprise shall enjoy those privileges on a similarly

preferential basis.

(e) States Parties may provide special incentives, rights, privileges

and immunities to the Enterprise without the obligation to

provide such incentives, rights, privileges and immunities to

other commercial entities.

5. The Enterprise shall negotiate with the host countries in which its

offices and facilities are located for exemption from direct and indirect

taxation.

6. Each State Party shall take such action as is necessary for giving

effect in terms of its own law to the principles set forth in this Annex and

shall inform the Enterprise of the specific action which it has taken.

7. The Enterprise may waive any of the privileges and immunities

conferred under this article or in the special agreements referred to in

paragraph 1 to such extent and upon such conditions as it may determine.

ANNEX V. CONCILIATION

SECTION 1. CONCILIATION PROCEDURE

PURSUANT TO SECTION 1 OF PART XV

Article 1

Institution of proceedings

If the parties to a dispute have agreed, in accordance with article 284, to

submit it to conciliation under this section, any such party may institute the

proceedings by written notification addressed to the other party or parties to

the dispute.

Article 2

List of conciliators

A list of conciliators shall be drawn up and maintained by the

Secretary-General of the United Nations. Every State Party shall be entitled

to nominate four conciliators, each of whom shall be a person enjoying the

175

highest reputation for fairness, competence and integrity. The names of the

persons so nominated shall constitute the list. If at any time the conciliators

nominated by a State Party in the list so constituted shall be fewer than four,

that State Party shall be entitled to make further nominations as necessary.

The name of a conciliator shall remain on the list until withdrawn by the State

Party which made the nomination, provided that such conciliator shall

continue to serve on any conciliation commission to which that conciliator

has been appointed until the completion of the proceedings before that

commission.

Article 3

Constitution of conciliation commission

The conciliation commission shall, unless the parties otherwise agree, be

constituted as follows:

(a) Subject to subparagraph (g), the conciliation commission shall

consist of five members.

(b) The party instituting the proceedings shall appoint two conciliators

to be chosen preferably from the list referred to in article 2 of this

otherwise agree. Such appointments shall be included in the

notification referred to in article 1 of this Annex.

(c) The other party to the dispute shall appoint two conciliators in the

manner set forth in subparagraph (b) within 21 days of receipt of the

notification referred to in article 1 of this Annex. If the

appointments are not made within that period, the party instituting

the proceedings may, within one week of the expiration of that

period, either terminate the proceedings by notification addressed to

the other party or request the Secretary-General of the United

Nations to make the appointments in accordance with

subparagraph (e).

(d) Within 30 days after all four conciliators have been appointed, they

shall appoint a fifth conciliator chosen from the list referred to in

article 2 of this Annex, who shall be chairman. If the appointment

is not made within that period, either party may, within one week of

the expiration of that period, request the Secretary-General of the

United Nations to make the appointment in accordance with

subparagraph (e).

(e) Within 30 days of the receipt of a request under subparagraph (c)

or (d), the Secretary-General of the United Nations shall make the

necessary appointments from the list referred to in article 2 of this

Annex in consultation with the parties to the dispute.

(f) Any vacancy shall be filled in the manner prescribed for the initial

appointment.

(g) Two or more parties which determine by agreement that they are in

the same interest shall appoint two conciliators jointly. Where two

or more parties have separate interests or there is a disagreement as

to whether they are of the same interest, they shall appoint

conciliators separately.

(h) In disputes involving more than two parties having separate

interests, or where there is disagreement as to whether they are of

the same interest, the parties shall apply subparagraphs (a) to (f) in

so far as possible.

176

Article 4

Procedure

The conciliation commission shall, unless the parties otherwise agree,

determine its own procedure. The commission may, with the consent of the

parties to the dispute, invite any State Party to submit to it its views orally or

in writing. Decisions of the commission regarding procedural matters, the

report and recommendations shall be made by a majority vote of its members.

Article 5

Amicable settlement

The commission may draw the attention of the parties to any measures

which might facilitate an amicable settlement of the dispute.

Article 6

Functions of the commission

The commission shall hear the parties, examine their claims and

objections, and make proposals to the parties with a view to reaching an

amicable settlement.

Article 7

Report

1. The commission shall report within 12 months of its constitution.

Its report shall record any agreements reached and, failing agreement, its

conclusions on all questions of fact or law relevant to the matter in dispute

and such recommendations as the commission may deem appropriate for an

amicable settlement. The report shall be deposited with the Secretary-General

of the United Nations and shall immediately be transmitted by him to the

parties to the dispute.

2. The report of the commission, including its conclusions or

recommendations, shall not be binding upon the parties.

Article 8

Termination

The conciliation proceedings are terminated when a settlement has been

reached, when the parties have accepted or one party has rejected the

recommendations of the report by written notification addressed to the

Secretary-General of the United Nations, or when a period of three months

has expired from the date of transmission of the report to the parties.

Article 9

Fees and expenses

The fees and expenses of the commission shall be borne by the parties

to the dispute.

177

Article 10

Right of parties to modify procedure

The parties to the dispute may by agreement applicable solely to that

dispute modify any provision of this Annex.

SECTION 2. COMPULSORY SUBMISSION

TO CONCILIATION PROCEDURE

PURSUANT TO SECTION 3 OF PART XV

Article 11

Institution of proceedings

1. Any party to a dispute which, in accordance with Part XV, section 3,

may be submitted to conciliation under this section, may institute the

proceedings by written notification addressed to the other party or parties to

the dispute.

2. Any party to the dispute, notified under paragraph 1, shall be obliged

to submit to such proceedings.

Article 12

Failure to reply or to submit to conciliation

The failure of a party or parties to the dispute to reply to notification of

institution of proceedings or to submit to such proceedings shall not

constitute a bar to the proceedings.

Article 13

Competence

A disagreement as to whether a conciliation commission acting under this

section has competence shall be decided by the commission.

Article 14

Application of section 1

Articles 2 to 10 of section l of this Annex apply subject to this section.

ANNEX VI. STATUTE OF THE INTERNATIONAL

TRIBUNAL

FOR THE LAW OF THE SEA

Article 1

General provisions

1. The International Tribunal for the Law of the Sea is constituted and

shall function in accordance with the provisions of this Convention and this

Statute.

2. The seat of the Tribunal shall be in the Free and Hanseatic City of

Hamburg in the Federal Republic of Germany.

3. The Tribunal may sit and exercise its functions elsewhere whenever

it considers this desirable.

178

4. A reference of a dispute to the Tribunal shall be governed by the

provisions of Parts XI and XV.

SECTION 1. ORGANIZATION OF THE TRIBUNAL

Article 2

Composition

1. The Tribunal shall be composed of a body of 21 independent

members, elected from among persons enjoying the highest reputation for

fairness and integrity and of recognized competence in the field of the law of

the sea.

2. In the Tribunal as a whole the representation of the principal legal

systems of the world and equitable geographical distribution shall be assured.

Article 3

Membership

1. No two members of the Tribunal may be nationals of the same State.

A person who for the purposes of membership in the Tribunal could be

regarded as a national of more than one State shall be deemed to be a national

of the one in which he ordinarily exercises civil and political rights.

2. There shall be no fewer than three members from each geographical

group as established by the General Assembly of the United Nations.

Article 4

Nominations and elections

1. Each State Party may nominate not more than two persons having

the qualifications prescribed in article 2 of this Annex. The members of the

Tribunal shall be elected from the list of persons thus nominated.

2. At least three months before the date of the election, the

Secretary-General of the United Nations in the case of the first election and

the Registrar of the Tribunal in the case of subsequent elections shall address

a written invitation to the States Parties to submit their nominations for

members of the Tribunal within two months. He shall prepare a list in

alphabetical order of all the persons thus nominated, with an indication of the

States Parties which have nominated them, and shall submit it to the States

Parties before the seventh day of the last month before the date of each

election.

3. The first election shall be held within six months of the date of entry

into force of this Convention.

4. The members of the Tribunal shall be elected by secret ballot.

Elections shall be held at a meeting of the States Parties convened by the

Secretary-General of the United Nations in the case of the first election and

by a procedure agreed to by the States Parties in the case of subsequent

elections. Two thirds of the States Parties shall constitute a quorum at that

meeting. The persons elected to the Tribunal shall be those nominees who

obtain the largest number of votes and a two-thirds majority of the States

Parties present and voting, provided that such majority includes a majority of

the States Parties.

179

Article 5

Term of office

1. The members of the Tribunal shall be elected for nine years and may

be re-elected; provided, however, that of the members elected at the first

election, the terms of seven members shall expire at the end of three years and

the terms of seven more members shall expire at the end of six years.

2. The members of the Tribunal whose terms are to expire at the end

of the above-mentioned initial periods of three and six years shall be chosen

by lot to be drawn by the Secretary-General of the United Nations

immediately after the first election.

3. The members of the Tribunal shall continue to discharge their duties

until their places have been filled. Though replaced, they shall finish any

proceedings which they may have begun before the date of their replacement.

4. In the case of the resignation of a member of the Tribunal, the letter

of resignation shall be addressed to the President of the Tribunal. The place

becomes vacant on the receipt of that letter.

Article 6

Vacancies

1. Vacancies shall be filled by the same method as that laid down for

the first election, subject to the following provision: the Registrar shall,

within one month of the occurrence of the vacancy, proceed to issue the

invitations provided for in article 4 of this Annex, and the date of the election

shall be fixed by the President of the Tribunal after consultation with the

States Parties.

2. A member of the Tribunal elected to replace a member whose term

of office has not expired shall hold office for the remainder of his

predecessor's term.

Article 7

Incompatible activities

1. No member of the Tribunal may exercise any political or

administrative function, or associate actively with or be financially interested

in any of the operations of any enterprise concerned with the exploration for

or exploitation of the resources of the sea or the seabed or other commercial

use of the sea or the seabed.

2. No member of the Tribunal may act as agent, counsel or advocate in

any case.

3. Any doubt on these points shall be resolved by decision of the

majority of the other members of the Tribunal present.

Article 8

Conditions relating to participation of members in a particular case

1. No member of the Tribunal may participate in the decision of any

case in which he has previously taken part as agent, counsel or advocate for

one of the parties, or as a member of a national or international court or

tribunal, or in any other capacity.

180

2. If, for some special reason, a member of the Tribunal considers that

he should not take part in the decision of a particular case, he shall so inform

the President of the Tribunal.

3. If the President considers that for some special reason one of the

members of the Tribunal should not sit in a particular case, he shall give him

notice accordingly.

4. Any doubt on these points shall be resolved by decision of the

majority of the other members of the Tribunal present.

Article 9

Consequence of ceasing to fulfil required conditions

If, in the unanimous opinion of the other members of the Tribunal, a

member has ceased to fulfil the required conditions, the President of the

Tribunal shall declare the seat vacant.

Article 10

Privileges and immunities

The members of the Tribunal, when engaged on the business of the

Tribunal, shall enjoy diplomatic privileges and immunities.

Article 11

Solemn declaration by members

Every member of the Tribunal shall, before taking up his duties, make a

solemn declaration in open session that he will exercise his powers

impartially and conscientiously.

Article 12

President, Vice-President and Registrar

1. The Tribunal shall elect its President and Vice-President for three

years; they may be re-elected.

2. The Tribunal shall appoint its Registrar and may provide for the

appointment of such other officers as may be necessary.

3. The President and the Registrar shall reside at the seat of the

Tribunal.

Article 13

Quorum

1. All available members of the Tribunal shall sit; a quorum of

11 elected members shall be required to constitute the Tribunal.

2. Subject to article 17 of this Annex, the Tribunal shall determine

which members are available to constitute the Tribunal for the consideration

of a particular dispute, having regard to the effective functioning of the

chambers as provided for in articles 14 and 15 of this Annex.

3. All disputes and applications submitted to the Tribunal shall be

heard and determined by the Tribunal, unless article 14 of this Annex applies,

or the parties request that it shall be dealt with in accordance with article 15

of this Annex.

181

Article 14

Seabed Disputes Chamber

A Seabed Disputes Chamber shall be established in accordance with the

provisions of section 4 of this Annex. Its jurisdiction, powers and functions

shall be as provided for in Part XI, section 5.

Article 15

Special chambers

1. The Tribunal may form such chambers, composed of three or more

of its elected members, as it considers necessary for dealing with particular

categories of disputes.

2. The Tribunal shall form a chamber for dealing with a particular

dispute submitted to it if the parties so request. The composition of such a

chamber shall be determined by the Tribunal with the approval of the parties.

3. With a view to the speedy dispatch of business, the Tribunal shall

form annually a chamber composed of five of its elected members which may

hear and determine disputes by summary procedure. Two alternative

members shall be selected for the purpose of replacing members who are

unable to participate in a particular proceeding.

4. Disputes shall be heard and determined by the chambers provided

for in this article if the parties so request.

5. A judgment given by any of the chambers provided for in this article

and in article 14 of this Annex shall be considered as rendered by the

Tribunal.

Article 16

Rules of the Tribunal

The Tribunal shall frame rules for carrying out its functions.

particular it shall lay down rules of procedure.

In

Article 17

Nationality of members

1. Members of the Tribunal of the nationality of any of the parties to

a dispute shall retain their right to participate as members of the Tribunal.

2. If the Tribunal, when hearing a dispute, includes upon the bench a

member of the nationality of one of the parties, any other party may choose

a person to participate as a member of the Tribunal.

3. If the Tribunal, when hearing a dispute, does not include upon the

bench a member of the nationality of the parties, each of those parties may

choose a person to participate as a member of the Tribunal.

4. This article applies to the chambers referred to in articles 14 and 15

of this Annex. In such cases, the President, in consultation with the parties,

shall request specified members of the Tribunal forming the chamber, as

many as necessary, to give place to the members of the Tribunal of the

nationality of the parties concerned, and, failing such, or if they are unable to

be present, to the members specially chosen by the parties.

5. Should there be several parties in the same interest, they shall, for

the purpose of the preceding provisions, be considered as one party only.

Any doubt on this point shall be settled by the decision of the Tribunal.

182

6. Members chosen in accordance with paragraphs 2, 3 and 4 shall

fulfil the conditions required by articles 2, 8 and 11 of this Annex. They shall

participate in the decision on terms of complete equality with their colleagues.

Article 18

Remuneration of members

1. Each elected member of the Tribunal shall receive an annual

allowance and, for each day on which he exercises his functions, a special

allowance, provided that in any year the total sum payable to any member as

special allowance shall not exceed the amount of the annual allowance.

2. The President shall receive a special annual allowance.

3. The Vice-President shall receive a special allowance for each day on

which he acts as President.

4. The members chosen under article 17 of this Annex, other than

elected members of the Tribunal, shall receive compensation for each day on

which they exercise their functions.

5. The salaries, allowances and compensation shall be determined from

time to time at meetings of the States Parties, taking into account the

workload of the Tribunal. They may not be decreased during the term of

office.

6. The salary of the Registrar shall be determined at meetings of the

States Parties, on the proposal of the Tribunal.

7. Regulations adopted at meetings of the States Parties shall determine

the conditions under which retirement pensions may be given to members of

the Tribunal and to the Registrar, and the conditions under which members

of the Tribunal and Registrar shall have their travelling expenses refunded.

8. The salaries, allowances, and compensation shall be free of all

taxation.

Article 19

Expenses of the Tribunal

1. The expenses of the Tribunal shall be borne by the States Parties and

by the Authority on such terms and in such a manner as shall be decided at

meetings of the States Parties.

2. When an entity other than a State Party or the Authority is a party to

a case submitted to it, the Tribunal shall fix the amount which that party is to

contribute towards the expenses of the Tribunal.

SECTION 2. COMPETENCE

Article 20

Access to the Tribunal

1. The Tribunal shall be open to States Parties.

2. The Tribunal shall be open to entities other than States Parties in any

case expressly provided for in Part XI or in any case submitted pursuant to

any other agreement conferring jurisdiction on the Tribunal which is accepted

by all the parties to that case.

183

Article 21

Jurisdiction

The jurisdiction of the Tribunal comprises all disputes and all

applications submitted to it in accordance with this Convention and all

matters specifically provided for in any other agreement which confers

jurisdiction on the Tribunal.

Article 22

Reference of disputes subject to other agreements

If all the parties to a treaty or convention already in force and concerning

the subject-matter covered by this Convention so agree, any disputes

concerning the interpretation or application of such treaty or convention may,

in accordance with such agreement, be submitted to the Tribunal.

Article 23

Applicable law

The Tribunal shall decide all disputes and applications in accordance

with article 293.

SECTION 3. PROCEDURE

Article 24

Institution of proceedings

1. Disputes are submitted to the Tribunal, as the case may be, either by

notification of a special agreement or by written application, addressed to the

Registrar. In either case, the subject of the dispute and the parties shall be

indicated.

2. The Registrar shall forthwith notify the special agreement or the

application to all concerned.

3. The Registrar shall also notify all States Parties.

Article 25

Provisional measures

1. In accordance with article 290, the Tribunal and its Seabed Disputes

Chamber shall have the power to prescribe provisional measures.

2. If the Tribunal is not in session or a sufficient number of members

is not available to constitute a quorum, the provisional measures shall be

prescribed by the chamber of summary procedure formed under article 15,

paragraph 3, of this Annex. Notwithstanding article 15, paragraph 4, of this

to the dispute. They shall be subject to review and revision by the Tribunal.

Article 26

Hearing

1. The hearing shall be under the control of the President or, if he is

unable to preside, of the Vice-President. If neither is able to preside, the

senior judge present of the Tribunal shall preside.

184

2. The hearing shall be public, unless the Tribunal decides otherwise

or unless the parties demand that the public be not admitted.

Article 27

Conduct of case

The Tribunal shall make orders for the conduct of the case, decide the

form and time in which each party must conclude its arguments, and make all

arrangements connected with the taking of evidence.

Article 28

Default

When one of the parties does not appear before the Tribunal or fails to

defend its case, the other party may request the Tribunal to continue the

proceedings and make its decision. Absence of a party or failure of a party

to defend its case shall not constitute a bar to the proceedings. Before making

its decision, the Tribunal must satisfy itself not only that it has jurisdiction

over the dispute, but also that the claim is well founded in fact and law.

Article 29

Majority for decision

1. All questions shall be decided by a majority of the members of the

Tribunal who are present.

2. In the event of an equality of votes, the President or the member of

the Tribunal who acts in his place shall have a casting vote.

Article 30

Judgment

1. The judgment shall state the reasons on which it is based.

2. It shall contain the names of the members of the Tribunal who have

taken part in the decision.

3. If the judgment does not represent in whole or in part the unanimous

opinion of the members of the Tribunal, any member shall be entitled to

deliver a separate opinion.

4. The judgment shall be signed by the President and by the Registrar.

It shall be read in open court, due notice having been given to the parties to

the dispute.

Article 3l

Request to intervene

1. Should a State Party consider that it has an interest of a legal nature

which may be affected by the decision in any dispute, it may submit a request

to the Tribunal to be permitted to intervene.

2. It shall be for the Tribunal to decide upon this request.

3. If a request to intervene is granted, the decision of the Tribunal in

respect of the dispute shall be binding upon the intervening State Party in so

far as it relates to matters in respect of which that State Party intervened.

185

Article 32

Right to intervene in cases of interpretation or application

1. Whenever the interpretation or application of this Convention is in

question, the Registrar shall notify all States Parties forthwith.

2. Whenever pursuant to article 21 or 22 of this Annex the

interpretation or application of an international agreement is in question, the

Registrar shall notify all the parties to the agreement.

3. Every party referred to in paragraphs 1 and 2 has the right to

intervene in the proceedings; if it uses this right, the interpretation given by

the judgment will be equally binding upon it.

Article 33

Finality and binding force of decisions

1. The decision of the Tribunal is final and shall be complied with by

all the parties to the dispute.

2. The decision shall have no binding force except between the parties

in respect of that particular dispute.

3. In the event of dispute as to the meaning or scope of the decision, the

Tribunal shall construe it upon the request of any party.

Article 34

Costs

Unless otherwise decided by the Tribunal, each party shall bear its own

costs.

SECTION 4. SEABED DISPUTES CHAMBER

Article 35

Composition

1. The Seabed Disputes Chamber referred to in article 14 of this Annex

shall be composed of 11 members, selected by a majority of the elected

members of the Tribunal from among them.

2. In the selection of the members of the Chamber, the representation

of the principal legal systems of the world and equitable geographical

distribution shall be assured. The Assembly of the Authority may adopt

recommendations of a general nature relating to such representation and

distribution.

3. The members of the Chamber shall be selected every three years and

may be selected for a second term.

4. The Chamber shall elect its President from among its members, who

shall serve for the term for which the Chamber has been selected.

5. If any proceedings are still pending at the end of any three-year

period for which the Chamber has been selected, the Chamber shall complete

the proceedings in its original composition.

6. If a vacancy occurs in the Chamber, the Tribunal shall select a

successor from among its elected members, who shall hold office for the

remainder of his predecessor's term.

7. A quorum of seven of the members selected by the Tribunal shall be

required to constitute the Chamber.

186

Article 36

Ad hoc chambers

1. The Seabed Disputes Chamber shall form an ad hoc chamber,

composed of three of its members, for dealing with a particular dispute

submitted to it in accordance with article 188, paragraph 1(b). The

composition of such a chamber shall be determined by the Seabed Disputes

Chamber with the approval of the parties.

2. If the parties do not agree on the composition of an ad hoc chamber,

each party to the dispute shall appoint one member, and the third member

shall be appointed by them in agreement. If they disagree, or if any party fails

to make an appointment, the President of the Seabed Disputes Chamber shall

promptly make the appointment or appointments from among its members,

after consultation with the parties.

3. Members of the ad hoc chamber must not be in the service of, or

nationals of, any of the parties to the dispute.

Article 37

Access

The Chamber shall be open to the States Parties, the Authority and the

other entities referred to in Part XI, section 5.

Article 38

Applicable law

In addition to the provisions of article 293, the Chamber shall apply: