United Nations Convention
on the Law of the Sea.
(Montego Bay, 10 December
1982)
PREAMBLE
PART
I. INTRODUCTION
-
Article 1. Use of terms and scope
PART
II. TERRITORIAL SEA AND CONTIGUOUS ZONE
SECTION 1. GENERAL PROVISIONS
-
Article 2. Legal status of the territorial sea, of the air
space over the territorial sea and of its bed and subsoil
SECTION 2. LIMITS OF THE TERRITORIAL SEA
-
Article 3. Breadth of the territorial sea
-
Article 4. Outer limit of the territorial sea
-
Article 5. Normal baseline
-
Article 6. Reefs
-
Article 7. Straight baselines
-
Article 8. Internal waters
-
Article 9. Mouths of rivers
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Article 10. Bays
-
Article 11. Ports
-
Article 12. Roadsteads
-
Article 13. Low-tide elevations
-
Article 14. Combination of methods for determining baselines
-
Article 15. Delimitation of the territorial sea between States
with opposite or adjacent coasts
-
Article 16. Charts and lists of geographical coordinates
SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL
SEA
SUBSECTION A. RULES APPLICABLE TO ALL SHIPS
-
Article 17. Right of innocent passage
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Article 18. Meaning of passage
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Article 19. Meaning of innocent passage
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Article 20. Submarines and other underwater vehicles
-
Article 21. Laws and regulations of the coastal State relating
to innocent passage
-
Article 22. Sea lanes and traffic separation schemes in the
territorial sea
-
Article 23. Foreign nuclear-powered ships and ships carrying
nuclear or other inherently dangerous or noxious substances
-
Article 24. Duties of the coastal State
-
Article 25. Rights of protection of the coastal State
-
Article 26. Charges which may be levied upon foreign ships
SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS
AND GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSES
-
Article 27. Criminal jurisdiction on board a foreign ship
-
Article 28. Civil jurisdiction in relation to foreign ships
SUBSECTION C. RULES APPLICABLE TO WARSHIPS AND OTHER
GOVERNMENT SHIPS OPERATED FOR NON-COMMERCIAL PURPOSES
-
Article 29. Definition of warships
-
Article 30. Non-compliance by warships with the laws and
regulations of the coastal State
-
Article 31. Responsibility of the flag State for damage caused
by a warship or other government ship operated for non-commercial purposes
-
Article 32. Immunities of warships and other government ships
operated for non-commercial purposes
SECTION 4. CONTIGUOUS ZONE
-
Article 33. Contiguous zone
PART
III. STRAITS USED FOR INTERNATIONAL NAVIGATION
SECTION 1. GENERAL PROVISIONS
Article 34. Legal status of waters forming straits used for
international navigation
Article 35. Scope of this Part
Article 36. High seas routes or routes through exclusive
economic zones through straits used for international navigation
SECTION 2. TRANSIT PASSAGE
-
Article 37. Scope of this section
-
Article 38. Right of transit passage
-
Article 39. Duties of ships and aircraft during transit passage
-
Article 40. Research and survey activities
-
Article 41. Sea lanes and traffic separation schemes in straits
used for international navigation
-
Article 42. Laws and regulations of States bordering straits
relating to transit passage
-
Article 43. Navigational and safety aids and other improvements
and the prevention, reduction and control of pollution
-
Article 44. Duties of States bordering straits
SECTION 3. INNOCENT PASSAGE
Article 45. Innocent passage
PART
IV. ARCHIPELAGIC STATES
-
Article 46. Use of terms
-
Article 47. Archipelagic baselines
-
Article 48. Measurement of the breadth of the territorial
sea, the contiguous zone, the exclusive economic zone and the continental
shelf
-
Article 49. Legal status of archipelagic waters, of the air
space over archipelagic waters and of their bed and subsoil
-
Article 50. Delimitation of internal waters
-
Article 51. Existing agreements, traditional fishing rights
and existing submarine cables
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Article 52. Right of innocent passage
-
Article 53. Right of archipelagic sea lanes passage
-
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
PART
V. EXCLUSIVE ECONOMIC ZONE
-
Article 55. Specific legal regime of the exclusive economic
zone
-
Article 56. Rights, jurisdiction and duties of the coastal
State in the exclusive economic zone
-
Article 57. Breadth of the exclusive economic zone
-
Article 58. Rights and duties of other States in the exclusive
economic zone
-
Article 59. Basis for the resolution of conflicts regarding
the attribution of rights and jurisdiction in the exclusive economic zone
-
Article 60. Artificial islands, installations and structures
in the exclusive economic zone
-
Article 61. Conservation of the living resources
-
Article 62. Utilization of the living resources
-
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
-
Article 64. Highly migratory species
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Article 65. Marine mammals
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Article 66. Anadromous stocks
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Article 67. Catadromous species
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Article 68. Sedentary species
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Article 69. Right of land-locked States
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Article 70. Right of geographically disadvantaged States
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Article 71. Non-applicability of articles 69 and 70
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Article 72. Restrictions on transfer of rights
-
Article 73. Enforcement of laws and regulations of the coastal
State
-
Article 74. Delimitation of the exclusive economic zone between
States with opposite or adjacent coasts
-
Article 75. Charts and lists of geographical coordinates
PART
VI. CONTINENTAL SHELF
-
Article 76. Definition of the continental shelf
-
Article 77. Rights of the coastal State over the continental
shelf.
-
Article 78. Legal status of the superjacent waters and air
space and the rights and freedoms of other States
-
Article 79. Submarine cables and pipelines on the continental
shelf
-
Article 80. Artificial islands, installations and structures
on the continental shelf
-
Article 81. Drilling on the continental shelf
-
Article 82. Payments and contributions with respect to the
exploitation of the continental shelf beyond 200 nautical miles
-
Article 83. Delimitation of the continental shelf between
States with opposite or adjacent coasts
-
Article 84. Charts and lists of geographical coordinates
-
Article 85. Tunnelling
PART
VII. HIGH SEAS
SECTION 1. GENERAL PROVISIONS
-
Article 86. Application of the provisions of this Part
-
Article 87. Freedom of the high seas
-
Article 88. Reservation of the high seas for peaceful
-
purposes
-
Article 89. Invalidity of claims of sovereignty over the
high seas
-
Article 90. Right of navigation
-
Article 91. Nationality of ships
-
Article 92. Status of ships
-
Article 93. Ships flying the flag of the United Nations,
its specialized agencies and the International Atomic Energy Agency
-
Article 94. Duties of the flag State
-
Article 95. Immunity of warships on the high seas
-
Article 96. Immunity of ships used only on government non-commercial
service
-
Article 97. Penal jurisdiction in matters of collision or
any other incident of navigation
-
Article 98. Duty to render assistance
-
Article 99. Prohibition of the transport of slaves
-
Article 100. Duty to cooperate in the repression of piracy
-
Article 101. Definition of piracy
-
Article 102. Piracy by a warship, government ship or government
aircraft whose crew has mutinied
-
Article 103. Definition of a pirate ship or aircraft
-
Article 104. Retention or loss of the nationality of a pirate
ship or aircraft
-
Article 105. Seizure of a pirate ship or aircraft
-
Article 106. Liability for seizure without adequate grounds
-
Article 107. Ships and aircraft which are entitled to seize
on account of piracy
-
Article 108. Illicit traffic in narcotic drugs or psychotropic
substances
-
Article 109. Unauthorized broadcasting from the high seas
-
Article 110. Right of visit
-
Article 111. Right of hot pursuit
-
Article 112. Right to lay submarine cables and pipelines
-
Article 113. Breaking or injury of a submarine cable or pipeline
-
Article 114. Breaking or injury by owners of a submarine
cable or pipeline of another submarine cable or pipeline
-
Article 115. Indemnity for loss incurred in avoiding injury
to a submarine cable or pipeline
SECTION 2. CONSERVATION AND MANAGEMENT OF THE
LIVING RESOURCES OF THE HIGH SEAS
-
Article 116. Right to fish on the high seas
-
Article 117. Duty of States to adopt with respect to their
nationals measures for the conservation of the living resources of the
high seas
-
Article 118. Cooperation of States in the conservation and
management of living resources
-
Article 119. Conservation of the living resources of the
high seas
-
Article 120. Marine mammals
PART
VIII. REGIME OF ISLANDS
-
Article 121. Regime of islands
PART
IX. ENCLOSED OR SEMI-ENCLOSED SEAS
-
Article 122. Definition
-
Article 123. Cooperation of States bordering enclosed or
semi-enclosed seas
PART
X. RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND FREEDOM
OF TRANSIT
-
Article 124. Use of terms
-
Article 125. Right of access to and from the sea and freedom
of transit
-
Article 126. Exclusion of application of the most-favoured-nation
clause
-
Article 127. Customs duties, taxes and other charges
-
Article 128. Free zones and other customs facilities
-
Article 129. Cooperation in the construction and improvement
of means of transport
-
Article 130. Measures to avoid or eliminate delays or other
difficulties of a technical nature in traffic in transit
-
Article 131. Equal treatment in maritime ports
-
Article 132. Grant of greater transit facilities
PART
XI. THE AREA
SECTION
l. GENERAL PROVISIONS
-
Article 133. Use of terms
-
Article 134. Scope of this Part
-
Article 135. Legal status of the superjacent waters and air
space
SECTION
2. PRINCIPLES GOVERNING THE AREA
Article 136. Common heritage of mankind
Article 137. Legal status of the Area and its resources
Article 138. General conduct of States in relation to the
Area
Article 139. Responsibility to ensure compliance and liability
for damage
Article 140. Benefit of mankind
Article 141. Use of the Area exclusively for peaceful purposes
Article 142. Rights and legitimate interests of coastal States
Article 143. Marine scientific research
Article 144. Transfer of technology
Article 145. Protection of the marine environment
Article 146. Protection of human life
Article 147. Accommodation of activities in the Area and
in the marine environment
Article 148. Participation of developing States in activities
in the Area
Article 149. Archaeological and historical objects
SECTION
3. DEVELOPMENT OF RESOURCES OF THE AREA
Article 150. Policies relating to activities in the Area
Article 151. Production policies
Article 152. Exercise of powers and functions by the Authority
Article 153. System of exploration and exploitation
Article 154. Periodic review
Article 155. The Review Conference
SECTION
4. THE AUTHORITY
SUBSECTION A. GENERAL PROVISIONS
-
Article 156. Establishment of the Authority
-
Article 157. Nature and fundamental principles of the Authority
-
Article 158. Organs of the Authority
SUBSECTION B. THE ASSEMBLY
-
Article 159. Composition, procedure and voting
-
Article 160. Powers and functions
SUBSECTION C. THE COUNCIL
-
Article 161. Composition, procedure and voting
-
Article 162. Powers and functions
-
Article 163. Organs of the Council
-
Article 164. The Economic Planning Commission
-
Article 165. The Legal and Technical Commission
SUBSECTION D. THE SECRETARIAT
-
Article 166. The Secretariat
-
Article 167. The staff of the Authority
-
Article 168. International character of the Secretariat
-
Article 169. Consultation and cooperation with international
and non-governmental organizations
SUBSECTION E. THE ENTERPRISE
-
Article 170. The Enterprise
SUBSECTION F. FINANCIAL ARRANGEMENTS OF THE AUTHORITY
-
Article 171. Funds of the Authority
-
Article 172. Annual budget of the Authority
-
Article 173. Expenses of the Authority
-
Article 174. Borrowing power of the Authority
-
Article 175. Annual audit
SUBSECTION G. LEGAL STATUS, PRIVILEGES AND IMMUNITIES
-
Article 176. Legal status
-
Article 177. Privileges and immunities
-
Article 178. Immunity from legal process
-
Article 179. Immunity from search and any form of seizure
-
Article 180. Exemption from restrictions, regulations, controls
and moratoria
-
Article 181. Archives and official communications of the
Authority
-
Article 182. Privileges and immunities of certain persons
connected with the Authority
-
Article 183. Exemption from taxes and customs duties
SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS
AND PRIVILEGES OF MEMBERS
-
Article 184. Suspension of the exercise of voting rights
-
Article 185. Suspension of exercise of rights and privilegesof
membership
SECTION
5. SETTLEMENT OF DISPUTES AND ADVISORY OPINIONS
-
Article 186. Seabed Disputes Chamber of the International
Tribunal for the Law of the Sea
-
Article 187. Jurisdiction of the Seabed Disputes Chamber
-
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
-
Article 189. Limitation on jurisdiction with regard to decisions
of the Authority
-
Article 190. Participation and appearance of sponsoring States
Parties in proceedings
-
Article 191. Advisory opinions
PART
XII. PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
SECTION 1. GENERAL PROVISIONS
Article 192. General obligation
Article 193. Sovereign right of States to exploit their natural
resources
Article 194. Measures to prevent, reduce and control pollution
of the marine environment
Article 195. Duty not to transfer damage or hazards or transform
one type of pollution into another
Article 196. Use of technologies or introduction of alien
or new species
SECTION 2. GLOBAL AND REGIONAL COOPERATION
-
Article 197. Cooperation on a global or regional basis
-
Article 198. Notification of imminent or actual damage
-
Article 199. Contingency plans against pollution
-
Article 200. Studies, research programmes and exchange of
information and data
-
Article 201. Scientific criteria for regulations
SECTION 3. TECHNICAL ASSISTANCE
-
Article 202. Scientific and technical assistance to developing
States
-
Article 203. Preferential treatment for developing States
SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT
Article 204. Monitoring of the risks or effects of pollution
Article 205. Publication of reports
Article 206. Assessment of potential effects of activities
SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION
TO PREVENT, REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT
Article 207. Pollution from land-based sources
Article 208. Pollution from seabed activities subject to
national jurisdiction
Article 209. Pollution from activities in the Area
Article 210. Pollution by dumping
Article 211. Pollution from vessels
Article 212. Pollution from or through the atmosphere
SECTION 6. ENFORCEMENT
Article 213. Enforcement with respect to pollution from land-based
sources
Article 214. Enforcement with respect to pollution from seabed
activities
Article 215. Enforcement with respect to pollution from activities
in the Area
Article 216. Enforcement with respect to pollution by dumping
Article 217. Enforcement by flag States
Article 218. Enforcement by port States
Article 219. Measures relating to seaworthiness of vessels
to avoid pollution
Article 220. Enforcement by coastal States
Article 221. Measures to avoid pollution arising from maritime
casualties
Article 222. Enforcement with respect to pollution from or
through the atmosphere
SECTION 7. SAFEGUARDS
Article 223. Measures to facilitate proceedings
Article 224. Exercise of powers of enforcement
Article 225. Duty to avoid adverse consequences in the exercise
of the powers of enforcement.
Article 226. Investigation of foreign vessels
Article 227. Non-discrimination with respect to foreign vessels
Article 228. Suspension and restrictions on institution of
proceedings
Article 229. Institution of civil proceedings
Article 230. Monetary penalties and the observance of recognized
rights of the accused
Article 231. Notification to the flag State and other States
concerned
Article 232. Liability of States arising from enforcement
measures
Article 233. Safeguards with respect to straits used for
international navigation
SECTION 8. ICE-COVERED AREAS
Article 234. Ice-covered areas
SECTION 9. RESPONSIBILITY AND LIABILITY
Article 235. Responsibility and liability
SECTION 10. SOVEREIGN IMMUNITY
Article 236. Sovereign immunity
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.
PART
XIII. MARINE SCIENTIFIC RESEARCH
SECTION 1. GENERAL PROVISIONS
Article 238. Right to conduct marine scientific research
Article 239. Promotion of marine scientific research
Article 240. General principles for the conduct of marine
scientific research
Article 241. Non-recognition of marine scientific research
activities as the legal basis for claims
SECTION 2. INTERNATIONAL COOPERATION
Article 242. Promotion of international cooperation
Article 243. Creation of favourable conditions
Article 244. Publication and dissemination of information
and knowledge
SECTION 3. CONDUCT AND PROMOTION OF MARINE SCIENTIFIC
RESEARCH
Article 245. Marine scientific research in the territorial
sea
Article 246. Marine scientific research in the exclusive
economic zone and on the continental shelf
Article 247. Marine scientific research projects undertaken
by or under the auspices of international organizations
Article 248. Duty to provide information to the coastal State
Article 249. Duty to comply with certain conditions
Article 250. Communications concerning marine scientific
research projects
Article 251. General criteria and guidelines
Article 252. Implied consent
Article 253. Suspension or cessation of marine scientific
research activities
Article 254. Rights of neighbouring land-locked and geographically
disadvantaged States
Article 255. Measures to facilitate marine scientific research
and assist research vessels
Article 256. Marine scientific research in the Area
Article 257. Marine scientific research in the water column
beyond the exclusive economic zone
SECTION 4. SCIENTIFIC RESEARCH INSTALLATIONS OR EQUIPMENT
IN THE MARINE ENVIRONMENT
Article 258. Deployment and use
Article 259. Legal status
Article 260. Safety zones
Article 261. Non-interference with shipping routes
Article 262. Identification markings and warning signals
SECTION 5. RESPONSIBILITY AND LIABILITY
Article 263. Responsibility and liability
SECTION 6. SETTLEMENT OF DISPUTES AND INTERIM MEASURES
Article 264. Settlement of disputes
Article 265. Interim measures
PART
XIV. DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY
SECTION 1. GENERAL PROVISIONS
Article 266. Promotion of the development and transfer of
marine technology
Article 267. Protection of legitimate interests
Article 268. Basic objectives
Article 269. Measures to achieve the basic objectives
SECTION 2. INTERNATIONAL COOPERATION
Article 270. Ways and means of international cooperation
Article 271. Guidelines, criteria and standards
Article 272. Coordination of international programmes
Article 273. Cooperation with international organizations
and the Authority
Article 274. Objectives of the Authority
SECTION 3. NATIONAL AND REGIONAL MARINE SCIENTIFIC
AND TECHNOLOGICAL CENTRES
-
Article 275. Establishment of national centres.
-
Article 276. Establishment of regional centres
-
Article 277. Functions of regional centres
SECTION 4. COOPERATION AMONG INTERNATIONAL ORGANIZATIONS
Article 278. Cooperation among international organizations
PART
XV. SETTLEMENT OF DISPUTES
SECTION 1. GENERAL PROVISIONS
Article 279. Obligation to settle disputes by peaceful means
Article 280. Settlement of disputes by any peaceful means
chosen by the parties
Article 281. Procedure where no settlement has been reached
by the parties
Article 282. Obligations under general, regional or bilateral
agreements
Article 283. Obligation to exchange views
Article 284. Conciliation
Article 285. Application of this section to disputes submitted
pursuant to Part XI
SECTION 2. COMPULSORY PROCEDURES ENTAILING BINDING DECISIONS
Article 286. Application of procedures under this section
Article 287. Choice of procedure
Article 288. Jurisdiction
Article 289. Experts
Article 290. Provisional measures
Article 291. Access
Article 292. Prompt release of vessels and crews
Article 293. Applicable law
Article 294. Preliminary proceedings
Article 295. Exhaustion of local remedies
Article 296. Finality and binding force of decisions
SECTION 3. LIMITATIONS AND EXCEPTIONS TO APPLICABILITY
OF SECTION 2
Article 297. Limitations on applicability of section 2
Article 298. Optional exceptions to applicability of section
2
Article 299. Right of the parties to agree upon a procedure
PART
XVI. GENERAL PROVISIONS
-
Article 300. Good faith and abuse of rights
-
Article 301. Peaceful uses of the seas
-
Article 302. Disclosure of information
-
Article 303. Archaeological and historical objects found
at sea
-
Article 304. Responsibility and liability for damage
PART
XVII. FINAL PROVISIONS
-
Article 305. Signature
-
Article 306. Ratification and formal confirmation
-
Article 307. Accession
-
Article 308. Entry into force
-
Article 309. Reservations and exceptions
-
Article 310. Declarations and statements
-
Article 311. Relation to other conventions and international
agreements
-
Article 312. Amendment
-
Article 313. Amendment by simplified procedure
-
Article 314. Amendments to the provisions of this Convention
relating exclusively to activities in the Area
-
Article 315. Signature, ratification of, accession to and
authentic texts of amendments
-
Article 316. Entry into force of amendments
-
Article 317. Denunciation
-
Article 318. Status of Annexes
-
Article 319. Depositary
-
Article 320. Authentic texts
Annexes
to the Convention
ANNEX
I. HIGHLY MIGRATORY SPECIES
ANNEX
II. COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF
ANNEX
III. BASIC CONDITIONS OF PROSPECTING, EXPLORATION AND EXPLOITATION
-
Article 1. Title to minerals
-
Article 2. Prospecting
-
Article 3. Exploration and exploitation
-
Article 4. Qualifications of applicants
-
Article 5. Transfer of technology
-
Article 6. Approval of plans of work
-
Article 7. Selection among applicants for production authorizations
-
Article 8. Reservation of areas
-
Article 9. Activities in reserved areas
-
Article 10. Preference and priority among applicants
-
Article 11. Joint arrangements
-
Article 12. Activities carried out by the Enterprise
-
Article 13. Financial terms of contracts
-
Article 14. Transfer of data
-
Article 15. Training programmes
-
Article 16. Exclusive right to explore and exploit
-
Article 17. Rules, regulations and procedures of the Authority
-
Article 18. Penalties
-
Article 19. Revision of contract
-
Article 20. Transfer of rights and obligations
-
Article 21. Applicable law
-
Article 22. Responsibility
ANNEX
IV. STATUTE OF THE ENTERPRISE
-
Article 1. Purposes
-
Article 2. Relationship to the Authority
-
Article 3. Limitation of liability
-
Article 4. Structure
-
Article 5. Governing Board
-
Article 6. Powers and functions of the Governing Board
-
Article 7. Director-General and staff of the Enterprise
-
Article 8. Location
-
Article 9. Reports and financial statements
-
Article 10. Allocation of net income
-
Article 11. Finances
-
Article 12. Operations
-
Article 13. Legal status, privileges and immunities
ANNEX
V. CONCILIATION
SECTION 1. CONCILIATION PROCEDURE PURSUANT TO SECTION
1 OF PART XV
Article 1. Institution of proceedings
Article 2. List of conciliators
Article 3. Constitution of conciliation commission
Article 4. Procedure
Article 5. Amicable settlement
Article 6. Functions of the commission
Article 7. Report
Article 8. Termination
Article 9. Fees and expenses
Article 10. Right of parties to modify procedure
SECTION 2. COMPULSORY SUBMISSION TO CONCILIATION PROCEDURE
PURSUANT TO SECTION 3 OF PART XV
Article 11. Institution of proceedings
Article 12. Failure to reply or to submit to conciliation
Article 13. Competence
Article 14. Application of section 1
ANNEX
VI. STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
Article 1. General provisions
SECTION 1. ORGANIZATION OF THE TRIBUNAL
Article 2. Composition
Article 3. Membership
Article 4. Nominations and elections
Article 5. Term of office
Article 6. Vacancies
Article 7. Incompatible activities
Article 8. Conditions relating to participation of members
in a particular case
Article 9. Consequence of ceasing to fulfil required conditions
Article 10. Privileges and immunities
Article 11. Solemn declaration by members
Article 12. President, Vice-President and Registrar
Article 13. Quorum
Article 14. Seabed Disputes Chamber
Article 15. Special chambers
Article 16. Rules of the Tribunal
Article 17. Nationality of members
Article 18. Remuneration of members
Article 19. Expenses of the Tribunal
SECTION 2. COMPETENCE
Article 20. Access to the Tribunal
Article 21. Jurisdiction
Article 22 Reference of disputes subject to other agreements
Article 23. Applicable law
SECTION 3. PROCEDURE
Article 24. Institution of proceedings
Article 25. Provisional measures
Article 26. Hearing
Article 27. Conduct of case
Article 28. Default
Article 29. Majority for decision
Article 30. Judgment
Article 31. Request to intervene
Article 32 Right to intervene in cases of interpretation
or application
Article 33. Finality and binding force of decisions
Article 34. Costs
SECTION 4. SEABED DISPUTES CHAMBER
Article 35. Composition
Article 36. Ad hoc chambers
Article 37. Access
Article 38. Applicable law
Article 39. Enforcement of decisions of the Chamber
Article 40. Applicability of other sections of this Annex
SECTION 5. AMENDMENTS
Article 41. Amendments
ANNEX
VII. ARBITRATION
-
Article 1. Institution of proceedings
-
Article 2. List of arbitrators
-
Article 3. Constitution of arbitral tribunal
-
Article 4. Functions of arbitral tribunal
-
Article 5. Procedure
-
Article 6. Duties of parties to a dispute
-
Article 7. Expenses
-
Article 8. Required majority for decisions
-
Article 9. Default of appearance
-
Article 10. Award
-
Article 11. Finality of award
-
Article 12. Interpretation or implementation of award
-
Article 13. Application to entities other than States Parties
ANNEX
VIII. SPECIAL ARBITRATION
-
Article 1. Institution of proceedings
-
Article 2. Lists of experts
-
Article 3. Constitution of special arbitral tribunal
-
Article 4. General provisions
-
Article 5. Fact finding
ANNEX
IX. PARTICIPATION BY INTERNATIONAL ORGANIZATIONS
-
Article 1. Use of terms
-
Article 2. Signature
-
Article 3. Formal confirmation and accession
-
Article 4. Extent of participation and rights and obligations
-
Article 5. Declarations, notifications and communications
-
Article 6. Responsibility and liability
-
Article 7. Settlement of disputes
-
Article 8. Applicability of Part XVII
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:
PART I
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.
PART II
TERRITORIAL SEA AND CONTIGUOUS ZONE
SECTION 1. GENERAL PROVISIONS
Article2
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
Article3
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.
Article4
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.
Article5
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.
Article6
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.
Article7
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.
Article8
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.
Article9
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.
Article10
Bays
1. This article relates only to bays the coasts of which belong to a
single State.
2. For the purposes of this Convention, a bay is a well-marked indentation
whose penetration is in such proportion to the width of its mouth as to
contain land-locked waters and constitute more than a mere curvature of
the coast. An indentation shall not, however, be regarded as a bay unless
its area is as large as, or larger than, that of the semi-circle whose
diameter is a line drawn across the mouth of that indentation.
3. For the purpose of measurement, the area of an indentation is that
lying between the low-water mark around the shore of the indentation and
a line joining the low-water mark of its natural entrance points. Where,
because of the presence of islands, an indentation has more than one mouth,
the semi-circle shall be drawn on a line as long as the sum total of the
lengths of the lines across the different mouths. Islands within an indentation
shall be included as if they were part of the water area of the indentation.
4. If the distance between the low-water marks of the natural entrance
points of a bay does not exceed 24 nautical miles, a closing line may be
drawn between these two low-water marks, and the waters enclosed thereby
shall be considered as internal waters.
5. Where the distance between the low-water marks of the natural entrance
points of a bay exceeds 24 nautical miles, a straight baseline of 24 nautical
miles shall be drawn within the bay in such a manner as to enclose the
maximum area of water that is possible with a line of that length.
6. The foregoing provisions do not apply to so-called "historic" bays,
or in any case where the system of straight baselines provided for in article
7 is applied.
Article11
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.
Article12
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.
Article13
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.
Article14
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.
Article15
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.
Article16
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
Article17
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.
Article18
Meaning of passage
1. Passage means navigation through the territorial sea for the purpose
of:
(a) traversing that sea without entering internal waters or calling
at a roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead
or port facility.
2. Passage shall be continuous and expeditious. However, passage includes
stopping and anchoring, but only in so far as the same are incidental to
ordinary navigation or are rendered necessary by force majeure or
distress or for the purpose of rendering assistance to persons, ships or
aircraft in danger or distress.
Article19
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.
Article20
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.
Article21
Laws and regulations of the coastal State relating to innocent passage
1. The coastal State may adopt laws and regulations, in conformity with
the provisions of this Convention and other rules of international law,
relating to innocent passage through the territorial sea, in respect of
all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other facilities
or installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations
of the coastal State;
(f) the preservation of the environment of the coastal State and the
prevention, reduction and control of pollution thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration
or sanitary laws and regulations of the coastal State.
2. Such laws and regulations shall not apply to the design, construction,
manning or equipment of foreign ships unless they are giving effect to
generally accepted international rules or standards.
3. The coastal State shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of innocent passage through the
territorial sea shall comply with all such laws and regulations and all
generally accepted international regulations relating to the prevention
of collisions at sea.
Article22
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.
Article23
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.
Article24
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.
Article25
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.
Article26
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
Article27
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised
on board a foreign ship passing through the territorial sea to arrest any
person or to conduct any investigation in connection with any crime committed
on board the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or
the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by
the master of the ship or by a diplomatic agent or consular officer of
the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic
in narcotic drugs or psychotropic substances.
2. The above provisions do not affect the right of the coastal State to
take any steps authorized by its laws for the purpose of an arrest or investigation
on board a foreign ship passing through the territorial sea after leaving
internal waters.
3. In the cases provided for in paragraphs 1 and 2, the coastal State
shall, if the master so requests, notify a diplomatic agent or consular
officer of the flag State before taking any steps, and shall facilitate
contact between such agent or officer and the ship's crew. In cases of
emergency this notification may be communicated while the measures are
being taken.
4. In considering whether or in what manner an arrest should be made,
the local authorities shall have due regard to the interests of navigation.
5. Except as provided in Part XII or with respect to violations of laws
and regulations adopted in accordance with Part V, the coastal State may
not take any steps on board a foreign ship passing through the territorial
sea to arrest any person or to conduct any investigation in connection
with any crime committed before the ship entered the territorial sea, if
the ship, proceeding from a foreign port, is only passing through the territorial
sea without entering internal waters.
Article28
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
Article29
Definition of warships
For the purposes of this Convention, "warship" means a ship belonging
to the armed forces of a State bearing the external marks distinguishing
such ships of its nationality, under the command of an officer duly commissioned
by the government of the State and whose name appears in the appropriate
service list or its equivalent, and manned by a crew which is under regular
armed forces discipline.
Article30
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.
Article31
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.
Article32
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
Article33
Contiguous zone
1. In a zone contiguous to its territorial sea, described as the contiguous
zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary
laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed
within its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is measured.
PART III
STRAITS USED FOR INTERNATIONAL NAVIGATION
SECTION 1. GENERAL PROVISIONS
Article34
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.
Article35
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.
Article36
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
Article37
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.
Article38
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.
Article39
Duties of ships and aircraft during transit passage
1. Ships and aircraft, while exercising the right of transit passage,
shall:
(a) proceed without delay through or over the strait;
(b) refrain from any threat or use of force against the sovereignty,
territorial integrity or political independence of States bordering the
strait, or in any other manner in violation of the principles of international
law embodied in the Charter of the United Nations;
(c) refrain from any activities other than those incident to their normal
modes of continuous and expeditious transit unless rendered necessary by
force
majeure or by distress;
(d) comply with other relevant provisions of this Part.
2. Ships in transit passage shall:
(a) comply with generally accepted international regulations, procedures
and practices for safety at sea, including the International Regulations
for Preventing Collisions at Sea;
(b) comply with generally accepted international regulations, procedures
and practices for the prevention, reduction and control of pollution from
ships.
3. Aircraft in transit passage shall:
(a) observe the Rules of the Air established by the International
Civil Aviation Organization as they apply to civil aircraft; state aircraft
will normally comply with such safety measures and will at all times operate
with due regard for the safety of navigation;
(b) at all times monitor the radio frequency assigned by the competent
internationally designated air traffic control authority or the appropriate
international distress radio frequency.
Article40
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.
Article41
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.
Article42
Laws and regulations of States bordering straits
relating to transit passage
1. Subject to the provisions of this section, States bordering straits
may adopt laws and regulations relating to transit passage through straits,
in respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic,
as provided in article 41;
(b) the prevention, reduction and control of pollution, by giving effect
to applicable international regulations regarding the discharge of oil,
oily wastes and other noxious substances in the strait;
(c) with respect to fishing vessels, the prevention of fishing, including
the stowage of fishing gear;
(d) the loading or unloading of any commodity, currency or person in
contravention of the customs, fiscal, immigration or sanitary laws and
regulations of States bordering straits.
2. Such laws and regulations shall not discriminate in form or in fact
among foreign ships or in their application have the practical effect of
denying, hampering or impairing the right of transit passage as defined
in this section.
3. States bordering straits shall give due publicity to all such laws
and regulations.
4. Foreign ships exercising the right of transit passage shall comply
with such laws and regulations.
5. The flag State of a ship or the State of registry of an aircraft
entitled to sovereign immunity which acts in a manner contrary to such
laws and regulations or other provisions of this Part shall bear international
responsibility for any loss or damage which results to States bordering
straits.
Article43
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.
Article44
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
Article45
Innocent passage
1. The regime of innocent passage, in accordance with Part II, section
3, shall apply in straits used for international navigation:
(a) excluded from the application of the regime of transit passage
under article 38, paragraph 1; or
(b) between a part of the high seas or an exclusive economic zone and
the territorial sea of a foreign State.
2. There shall be no suspension of innocent passage through such straits.
PART IV
ARCHIPELAGIC STATES
Article 46
Use of terms
For the purposes of this Convention:
(a) "archipelagic State" means a State constituted wholly by one or
more archipelagos and may include other islands;
(b) "archipelago" means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so closely
interrelated that such islands, waters and other natural features form
an intrinsic geographical, economic and political entity, or which historically
have been regarded as such.
Article47
Archipelagic baselines
1. An archipelagic State may draw straight archipelagic baselines joining
the outermost points of the outermost islands and drying reefs of the archipelago
provided that within such baselines are included the main islands and an
area in which the ratio of the area of the water to the area of the land,
including atolls, is between 1 to 1 and 9 to 1.
2. The length of such baselines shall not exceed 100 nautical miles,
except that up to 3 per cent of the total number of baselines enclosing
any archipelago may exceed that length, up to a maximum length of 125 nautical
miles.
3. The drawing of such baselines shall not depart to any appreciable
extent from the general configuration of the archipelago.
4. Such baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above
sea level have been built on them or where a low-tide elevation is situated
wholly or partly at a distance not exceeding the breadth of the territorial
sea from the nearest island.
5. The system of such baselines shall not be applied by an archipelagic
State in such a manner as to cut off from the high seas or the exclusive
economic zone the territorial sea of another State.
6. If a part of the archipelagic waters of an archipelagic State lies
between two parts of an immediately adjacent neighbouring State, existing
rights and all other legitimate interests which the latter State has traditionally
exercised in such waters and all rights stipulated by agreement between
those States shall continue and be respected.
7. For the purpose of computing the ratio of water to land under paragraph
l, land areas may include waters lying within the fringing reefs of islands
and atolls, including that part of a steep-sided oceanic plateau which
is enclosed or nearly enclosed by a chain of limestone islands and drying
reefs lying on the perimeter of the plateau.
8. The baselines drawn in accordance with this article shall be shown
on charts of a scale or scales adequate for ascertaining their position.
Alternatively, lists of geographical coordinates of points, specifying
the geodetic datum, may be substituted.
9. The archipelagic State shall give due publicity to such charts or
lists of geographical coordinates and shall deposit a copy of each such
chart or list with the Secretary-General of the United Nations.
Article48
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.
Article49
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.
Article50
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.
Article51
Existing agreements, traditional fishing rights
and existing submarine cables
1. Without prejudice to article 49, an archipelagic State shall respect
existing agreements with other States and shall recognize traditional fishing
rights and other legitimate activities of the immediately adjacent neighbouring
States in certain areas falling within archipelagic waters. The terms and
conditions for the exercise of such rights and activities, including the
nature, the extent and the areas to which they apply, shall, at the request
of any of the States concerned, be regulated by bilateral agreements between
them. Such rights shall not be transferred to or shared with third States
or their nationals.
2. An archipelagic State shall respect existing submarine cables laid
by other States and passing through its waters without making a landfall.
An archipelagic State shall permit the maintenance and replacement of such
cables upon receiving due notice of their location and the intention to
repair or replace them.
Article52
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.
Article53
Right of archipelagic sea lanes passage
1. An archipelagic State may designate sea lanes and air routes thereabove,
suitable for the continuous and expeditious passage of foreign ships and
aircraft through or over its archipelagic waters and the adjacent territorial
sea.
2. All ships and aircraft enjoy the right of archipelagic sea lanes
passage in such sea lanes and air routes.
3. Archipelagic sea lanes passage means the exercise in accordance with
this Convention of the rights of navigation and overflight in the normal
mode solely for the purpose of continuous, expeditious and unobstructed
transit between one part of the high seas or an exclusive economic zone
and another part of the high seas or an exclusive economic zone.
4. Such sea lanes and air routes shall traverse the archipelagic waters
and the adjacent territorial sea and shall include all normal passage routes
used as routes for international navigation or overflight through or over
archipelagic waters and, within such routes, so far as ships are concerned,
all normal navigational channels, provided that duplication of routes of
similar convenience between the same entry and exit points shall not be
necessary.
5. Such sea lanes and air routes shall be defined by a series of continuous
axis lines from the entry points of passage routes to the exit points.
Ships and aircraft in archipelagic sea lanes passage shall not deviate
more than 25 nautical miles to either side of such axis lines during passage,
provided that such ships and aircraft shall not navigate closer to the
coasts than 10 per cent of the distance between the nearest points on islands
bordering the sea lane.
6. An archipelagic State which designates sea lanes under this article
may also prescribe traffic separation schemes for the safe passage of ships
through narrow channels in such sea lanes.
7. An archipelagic State may, when circumstances require, after giving
due publicity thereto, substitute other sea lanes or traffic separation
schemes for any sea lanes or traffic separation schemes previously designated
or prescribed by it.
8. Such sea lanes and traffic separation schemes shall conform to generally
accepted international regulations.
9. In designating or substituting sea lanes or prescribing or substituting
traffic separation schemes, an archipelagic State shall refer proposals
to the competent international organization with a view to their adoption.
The organization may adopt only such sea lanes and traffic separation schemes
as may be agreed with the archipelagic State, after which the archipelagic
State may designate, prescribe or substitute them.
10. The archipelagic State shall clearly indicate the axis of the sea
lanes and the traffic separation schemes designated or prescribed by it
on charts to which due publicity shall be given.
11. Ships in archipelagic sea lanes passage shall respect applicable
sea lanes and traffic separation schemes established in accordance with
this article.
12. If an archipelagic State does not designate sea lanes or air routes,
the right of archipelagic sea lanes passage may be exercised through the
routes normally used for international navigation.
Article54
Duties of ships and aircraft during their passage,
research and survey activities, duties of the archipelagic State
and laws and regulations of the archipelagic State
relating to archipelagic sea lanes passage
Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic
sea lanes passage.
PART V
EXCLUSIVE ECONOMIC ZONE
Article55
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.
Article56
Rights, jurisdiction and duties of the coastal State in the exclusive
economic zone
1. In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or non-living,
of the waters superjacent to the seabed and of the seabed and its subsoil,
and with regard to other activities for the economic exploitation and exploration
of the zone, such as the production of energy from the water, currents
and winds;
(b) jurisdiction as provided for in the relevant provisions of this
Convention with regard to:
(i) the establishment and use of artificial islands, installations
and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this Convention
in the exclusive economic zone, the coastal State shall have due regard
to the rights and duties of other States and shall act in a manner compatible
with the provisions of this Convention.
3. The rights set out in this article with respect to the seabed and
subsoil shall be exercised in accordance with Part VI.
Article57
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.
Article58
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.
Article59
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.
Article60
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.
Article61
Conservation of the living resources
1. The coastal State shall determine the allowable catch of the living
resources in its exclusive economic zone.
2. The coastal State, taking into account the best scientific evidence
available to it, shall ensure through proper conservation and management
measures that the maintenance of the living resources in the exclusive
economic zone is not endangered by over-exploitation. As appropriate, the
coastal State and competent international organizations, whether subregional,
regional or global, shall cooperate to this end.
3. Such measures shall also be designed to maintain or restore populations
of harvested species at levels which can produce the maximum sustainable
yield, as qualified by relevant environmental and economic factors, including
the economic needs of coastal fishing communities and the special requirements
of developing States, and taking into account fishing patterns, the interdependence
of stocks and any generally recommended international minimum standards,
whether subregional, regional or global.
4. In taking such measures the coastal State shall take into consideration
the effects on species associated with or dependent upon harvested species
with a view to maintaining or restoring populations of such associated
or dependent species above levels at which their reproduction may become
seriously threatened.
5. Available scientific information, catch and fishing effort statistics,
and other data relevant to the conservation of fish stocks shall be contributed
and exchanged on a regular basis through competent international organizations,
whether subregional, regional or global, where appropriate and with participation
by all States concerned, including States whose nationals are allowed to
fish in the exclusive economic zone.
Article62
Utilization of the living resources
1. The coastal State shall promote the objective of optimum utilization
of the living resources in the exclusive economic zone without prejudice
to article 61.
2. The coastal State shall determine its capacity to harvest the living
resources of the exclusive economic zone. Where the coastal State does
not have the capacity to harvest the entire allowable catch, it shall,
through agreements or other arrangements and pursuant to the terms, conditions,
laws and regulations referred to in paragraph 4, give other States access
to the surplus of the allowable catch, having particular regard to the
provisions of articles 69 and 70, especially in relation to the developing
States mentioned therein.
3. In giving access to other States to its exclusive economic zone under
this article, the coastal State shall take into account all relevant factors,
including, inter alia, the significance of the living resources
of the area to the economy of the coastal State concerned and its other
national interests, the provisions of articles 69 and 70, the requirements
of developing States in the subregion or region in harvesting part of the
surplus and the need to minimize economic dislocation in States whose nationals
have habitually fished in the zone or which have made substantial efforts
in research and identification of stocks.
4. Nationals of other States fishing in the exclusive economic zone
shall comply with the conservation measures and with the other terms and
conditions established in the laws and regulations of the coastal State.
These laws and regulations shall be consistent with this Convention and
may relate, inter alia, to the following:
(a) licensing of fishermen, fishing vessels and equipment, including
payment of fees and other forms of remuneration, which, in the case of
developing coastal States, may consist of adequate compensation in the
field of financing, equipment and technology relating to the fishing industry;
(b) determining the species which may be caught, and fixing quotas of
catch, whether in relation to particular stocks or groups of stocks or
catch per vessel over a period of time or to the catch by nationals of
any State during a specified period;
(c) regulating seasons and areas of fishing, the types, sizes and amount
of gear, and the types, sizes and number of fishing vessels that may be
used;
(d) fixing the age and size of fish and other species that may be caught;
(e) specifying information required of fishing vessels, including catch
and effort statistics and vessel position reports;
(f) requiring, under the authorization and control of the coastal State,
the conduct of specified fisheries research programmes and regulating the
conduct of such research, including the sampling of catches, disposition
of samples and reporting of associated scientific data;
(g) the placing of observers or trainees on board such vessels by the
coastal State;
(h) the landing of all or any part of the catch by such vessels in the
ports of the coastal State;
(i) terms and conditions relating to joint ventures or other cooperative
arrangements;
(j) requirements for the training of personnel and the transfer of fisheries
technology, including enhancement of the coastal State's capability of
undertaking fisheries research;
(k) enforcement procedures.
5. Coastal States shall give due notice of conservation and management
laws and regulations.
Article63
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.
Article64
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.
Article65
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.
Article66
Anadromous stocks
1. States in whose rivers anadromous stocks originate shall have the
primary interest in and responsibility for such stocks.
2. The State of origin of anadromous stocks shall ensure their conservation
by the establishment of appropriate regulatory measures for fishing in
all waters landward of the outer limits of its exclusive economic zone
and for fishing provided for in paragraph 3(b). The State of origin may,
after consultations with the other States referred to in paragraphs 3 and
4 fishing these stocks, establish total allowable catches for stocks originating
in its rivers.
3. (a) Fisheries for anadromous stocks shall be conducted only in
waters landward of the outer limits of exclusive economic zones, except
in cases where this provision would result in economic dislocation for
a State other than the State of origin. With respect to such fishing beyond
the outer limits of the exclusive economic zone, States concerned shall
maintain consultations with a view to achieving agreement on terms and
conditions of such fishing giving due regard to the conservation requirements
and the needs of the State of origin in respect of these stocks.
(b) The State of origin shall cooperate in minimizing economic dislocation
in such other States fishing these stocks, taking into account the normal
catch and the mode of operations of such States, and all the areas in which
such fishing has occurred.
(c) States referred to in subparagraph (b), participating by agreement
with the State of origin in measures to renew anadromous stocks, particularly
by expenditures for that purpose, shall be given special consideration
by the State of origin in the harvesting of stocks originating in its rivers.
(d) Enforcement of regulations regarding anadromous stocks beyond the
exclusive economic zone shall be by agreement between the State of origin
and the other States concerned.
4. In cases where anadromous stocks migrate into or through the waters
landward of the outer limits of the exclusive economic zone of a State
other than the State of origin, such State shall cooperate with the State
of origin with regard to the conservation and management of such stocks.
5. The State of origin of anadromous stocks and other States fishing
these stocks shall make arrangements for the implementation of the provisions
of this article, where appropriate, through regional organizations.
Article67
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.
Article68
Sedentary species
This Part does not apply to sedentary species as defined in article
77, paragraph 4.
Article69
Right of land-locked States
1. Land-locked States shall have the right to participate, on an equitable
basis, in the exploitation of an appropriate part of the surplus of the
living resources of the exclusive economic zones of coastal States of the
same subregion or region, taking into account the relevant economic and
geographical circumstances of all the States concerned and in conformity
with the provisions of this article and of articles 61 and 62.
2. The terms and modalities of such participation shall be established
by the States concerned through bilateral, subregional or regional agreements
taking into account, inter alia:
(a) the need to avoid effects detrimental to fishing communities or
fishing industries of the coastal State;
(b) the extent to which the land-locked State, in accordance with the
provisions of this article, is participating or is entitled to participate
under existing bilateral, subregional or regional agreements in the exploitation
of living resources of the exclusive economic zones of other coastal States;
(c) the extent to which other land-locked States and geographically
disadvantaged States are participating in the exploitation of the living
resources of the exclusive economic zone of the coastal State and the consequent
need to avoid a particular burden for any single coastal State or a part
of it;
(d) the nutritional needs of the populations of the respective States.
3. When the harvesting capacity of a coastal State approaches a point which
would enable it to harvest the entire allowable catch of the living resources
in its exclusive economic zone, the coastal State and other States concerned
shall cooperate in the establishment of equitable arrangements on a bilateral,
subregional or regional basis to allow for participation of developing
land-locked States of the same subregion or region in the exploitation
of the living resources of the exclusive economic zones of coastal States
of the subregion or region, as may be appropriate in the circumstances
and on terms satisfactory to all parties. In the implementation of this
provision the factors mentioned in paragraph 2 shall also be taken into
account.
4. Developed land-locked States shall, under the provisions of this
article, be entitled to participate in the exploitation of living resources
only in the exclusive economic zones of developed coastal States of the
same subregion or region having regard to the extent to which the coastal
State, in giving access to other States to the living resources of its
exclusive economic zone, has taken into account the need to minimize detrimental
effects on fishing communities and economic dislocation in States whose
nationals have habitually fished in the zone.
5. The above provisions are without prejudice to arrangements agreed
upon in subregions or regions where the coastal States may grant to land-locked
States of the same subregion or region equal or preferential rights for
the exploitation of the living resources in the exclusive economic zones.
Article70
Right of geographically disadvantaged States
1. Geographically disadvantaged States shall have the right to participate,
on an equitable basis, in the exploitation of an appropriate part of the
surplus of the living resources of the exclusive economic zones of coastal
States of the same subregion or region, taking into account the relevant
economic and geographical circumstances of all the States concerned and
in conformity with the provisions of this article and of articles 61 and
62.
2. For the purposes of this Part, "geographically disadvantaged States"
means coastal States, including States bordering enclosed or semi-enclosed
seas, whose geographical situation makes them dependent upon the exploitation
of the living resources of the exclusive economic zones of other States
in the subregion or region for adequate supplies of fish for the nutritional
purposes of their populations or parts thereof, and coastal States which
can claim no exclusive economic zones of their own.
3. The terms and modalities of such participation shall be established
by the States concerned through bilateral, subregional or regional agreements
taking into account, inter alia:
(a) the need to avoid effects detrimental to fishing communities or
fishing industries of the coastal State;
(b) the extent to which the geographically disadvantaged State, in accordance
with the provisions of this article, is participating or is entitled to
participate under existing bilateral, subregional or regional agreements
in the exploitation of living resources of the exclusive economic zones
of other coastal States;
(c) the extent to which other geographically disadvantaged States and
land-locked States are participating in the exploitation of the living
resources of the exclusive economic zone of the coastal State and the consequent
need to avoid a particular burden for any single coastal State or a part
of it;
(d) the nutritional needs of the populations of the respective States.
4. When the harvesting capacity of a coastal State approaches a point which
would enable it to harvest the entire allowable catch of the living resources
in its exclusive economic zone, the coastal State and other States concerned
shall cooperate in the establishment of equitable arrangements on a bilateral,
subregional or regional basis to allow for participation of developing
geographically disadvantaged States of the same subregion or region in
the exploitation of the living resources of the exclusive economic zones
of coastal States of the subregion or region, as may be appropriate in
the circumstances and on terms satisfactory to all parties. In the implementation
of this provision the factors mentioned in paragraph 3 shall also be taken
into account.
5. Developed geographically disadvantaged States shall, under the provisions
of this article, be entitled to participate in the exploitation of living
resources only in the exclusive economic zones of developed coastal States
of the same subregion or region having regard to the extent to which the
coastal State, in giving access to other States to the living resources
of its exclusive economic zone, has taken into account the need to minimize
detrimental effects on fishing communities and economic dislocation in
States whose nationals have habitually fished in the zone.
6. The above provisions are without prejudice to arrangements agreed
upon in subregions or regions where the coastal States may grant to geographically
disadvantaged States of the same subregion or region equal or preferential
rights for the exploitation of the living resources in the exclusive economic
zones.
Article71
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.
Article72
Restrictions on transfer of rights
1. Rights provided under articles 69 and 70 to exploit living resources
shall not be directly or indirectly transferred to third States or their
nationals by lease or licence, by establishing joint ventures or in any
other manner which has the effect of such transfer unless otherwise agreed
by the States concerned.
2. The foregoing provision does not preclude the States concerned from
obtaining technical or financial assistance from third States or international
organizations in order to facilitate the exercise of the rights pursuant
to articles 69 and 70, provided that it does not have the effect referred
to in paragraph 1.
Article73
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.
Article74
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.
Article75
Charts and lists of geographical coordinates
1. Subject to this Part, the outer limit lines of the exclusive economic
zone and the lines of delimitation drawn in accordance with article 74
shall be shown on charts of a scale or scales adequate for ascertaining
their position. Where appropriate, lists of geographical coordinates of
points, specifying the geodetic datum, may be substituted for such outer
limit lines or lines of delimitation.
2. The coastal State shall give due publicity to such charts or lists
of geographical coordinates and shall deposit a copy of each such chart
or list with the Secretary-General of the United Nations.
PART VI
CONTINENTAL SHELF
Article76
Definition of the continental shelf
1. The continental shelf of a coastal State comprises the seabed and
subsoil of the submarine areas that extend beyond its territorial sea throughout
the natural prolongation of its land territory to the outer edge of the
continental margin, or to a distance of 200 nautical miles from the baselines
from which the breadth of the territorial sea is measured where the outer
edge of the continental margin does not extend up to that distance.
2. The continental shelf of a coastal State shall not extend beyond
the limits provided for in paragraphs 4 to 6.
3. The continental margin comprises the submerged prolongation of the
land mass of the coastal State, and consists of the seabed and subsoil
of the shelf, the slope and the rise. It does not include the deep ocean
floor with its oceanic ridges or the subsoil thereof.
4. (a) For the purposes of this Convention, the coastal State shall
establish the outer edge of the continental margin wherever the margin
extends beyond 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured, by either:
(i) a line delineated in accordance with paragraph 7 by reference
to the outermost fixed points at each of which the thickness of sedimentary
rocks is at least 1 per cent of the shortest distance from such point to
the foot of the continental slope; or
(ii) a line delineated in accordance with paragraph 7 by reference to
fixed points not more than 60 nautical miles from the foot of the continental
slope.
(b) In the absence of evidence to the contrary, the foot of the continental
slope shall be determined as the point of maximum change in the gradient
at its base.
5. The fixed points comprising the line of the outer limits of the continental
shelf on the seabed, drawn in accordance with paragraph 4 (a)(i) and (ii),
either shall not exceed 350 nautical miles from the baselines from which
the breadth of the territorial sea is measured or shall not exceed 100
nautical miles from the 2,500 metre isobath, which is a line connecting
the depth of 2,500 metres.
6. Notwithstanding the provisions of paragraph 5, on submarine ridges,
the outer limit of the continental shelf shall not exceed 350 nautical
miles from the baselines from which the breadth of the territorial sea
is measured. This paragraph does not apply to submarine elevations that
are natural components of the continental margin, such as its plateaux,
rises, caps, banks and spurs.
7. The coastal State shall delineate the outer limits of its continental
shelf, where that shelf extends beyond 200 nautical miles from the baselines
from which the breadth of the territorial sea is measured, by straight
lines not exceeding 60 nautical miles in length, connecting fixed points,
defined by coordinates of latitude and longitude.
8. Information on the limits of the continental shelf beyond 200 nautical
miles from the baselines from which the breadth of the territorial sea
is measured shall be submitted by the coastal State to the Commission on
the Limits of the Continental Shelf set up under Annex II on the basis
of equitable geographical representation. The Commission shall make recommendations
to coastal States on matters related to the establishment of the outer
limits of their continental shelf. The limits of the shelf established
by a coastal State on the basis of these recommendations shall be final
and binding.
9. The coastal State shall deposit with the Secretary-General of the
United Nations charts and relevant information, including geodetic data,
permanently describing the outer limits of its continental shelf. The Secretary-General
shall give due publicity thereto.
10. The provisions of this article are without prejudice to the question
of delimitation of the continental shelf between States with opposite or
adjacent coasts.
Article77
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.
Article78
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.
Article79
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.
Article80
Artificial islands, installations and structures on the continental
shelf
Article 60 applies mutatis mutandis to artificial islands, installations
and structures on the continental shelf.
Article81
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.
Article82
Payments and contributions with respect to the
exploitation of the continental shelf beyond 200 nautical miles
1. The coastal State shall make payments or contributions in kind in
respect of the exploitation of the non-living resources of the continental
shelf beyond 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured.
2. The payments and contributions shall be made annually with respect
to all production at a site after the first five years of production at
that site. For the sixth year, the rate of payment or contribution shall
be 1 per cent of the value or volume of production at the site. The rate
shall increase by 1 per cent for each subsequent year until the twelfth
year and shall remain at 7 per cent thereafter. Production does not include
resources used in connection with exploitation.
3. A developing State which is a net importer of a mineral resource
produced from its continental shelf is exempt from making such payments
or contributions in respect of that mineral resource.
4. The payments or contributions shall be made through the Authority,
which shall distribute them to States Parties to this Convention, on the
basis of equitable sharing criteria, taking into account the interests
and needs of developing States, particularly the least developed and the
land-locked among them.
Article83
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.
Article84
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.
Article85
Tunnelling
This Part does not prejudice the right of the coastal State to exploit
the subsoil by means of tunnelling, irrespective of the depth of water
above the subsoil.
PART VII
HIGH SEAS
SECTION 1. GENERAL PROVISIONS
Article86
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.
Article87
Freedom of the high seas
1. The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas is exercised under the conditions laid down by
this Convention and by other rules of international law. It comprises,
inter
alia, both for coastal and land-locked States:
(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines, subject to Part VI;
(d) freedom to construct artificial islands and other installations
permitted under international law, subject to Part VI;
(e) freedom of fishing, subject to the conditions laid down in section
2;
(f) freedom of scientific research, subject to Parts VI and XIII.
2. These freedoms shall be exercised by all States with due regard for
the interests of other States in their exercise of the freedom of the high
seas, and also with due regard for the rights under this Convention with
respect to activities in the Area.
Article88
Reservation of the high seas for peaceful purposes
The high seas shall be reserved for peaceful purposes.
Article89
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.
Article90
Right of navigation
Every State, whether coastal or land-locked, has the right to sail ships
flying its flag on the high seas.
Article91
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.
Article92
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.
Article93
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.
Article94
Duties of the flag State
1. Every State shall effectively exercise its jurisdiction and control
in administrative, technical and social matters over ships flying its flag.
2. In particular every State shall:
(a) maintain a register of ships containing the names and particulars
of ships flying its flag, except those which are excluded from generally
accepted international regulations on account of their small size; and
(b) assume jurisdiction under its internal law over each ship flying
its flag and its master, officers and crew in respect of administrative,
technical and social matters concerning the ship.
3. Every State shall take such measures for ships flying its flag as are
necessary to ensure safety at sea with regard, inter alia, to:
(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of crews,
taking into account the applicable international instruments;
(c) the use of signals, the maintenance of communications and the prevention
of collisions.
4. Such measures shall include those necessary to ensure:
(a) that each ship, before registration and thereafter at appropriate
intervals, is surveyed by a qualified surveyor of ships, and has on board
such charts, nautical publications and navigational equipment and instruments
as are appropriate for the safe navigation of the ship;
(b) that each ship is in the charge of a master and officers who possess
appropriate qualifications, in particular in seamanship, navigation, communications
and marine engineering, and that the crew is appropriate in qualification
and numbers for the type, size, machinery and equipment of the ship;
(c) that the master, officers and, to the extent appropriate, the
crew are fully conversant with and required to observe the applicable international
regulations concerning the safety of life at sea, the prevention of collisions,
the prevention, reduction and control of marine pollution, and the maintenance
of communications by radio.
5. In taking the measures called for in paragraphs 3 and 4 each State is
required to conform to generally accepted international regulations, procedures
and practices and to take any steps which may be necessary to secure their
observance.
6. A State which has clear grounds to believe that proper jurisdiction
and control with respect to a ship have not been exercised may report the
facts to the flag State. Upon receiving such a report, the flag State shall
investigate the matter and, if appropriate, take any action necessary to
remedy the situation.
7. Each State shall cause an inquiry to be held by or before a suitably
qualified person or persons into every marine casualty or incident of navigation
on the high seas involving a ship flying its flag and causing loss of life
or serious injury to nationals of another State or serious damage to ships
or installations of another State or to the marine environment. The flag
State and the other State shall cooperate in the conduct of any inquiry
held by that other State into any such marine casualty or incident of navigation.
Article95
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.
Article96
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.
Article97
Penal jurisdiction in matters of collision or any other incident
of navigation
1. In the event of a collision or any other incident of navigation concerning
a ship on the high seas, involving the penal or disciplinary responsibility
of the master or of any other person in the service of the ship, no penal
or disciplinary proceedings may be instituted against such person except
before the judicial or administrative authorities either of the flag State
or of the State of which such person is a national.
2. In disciplinary matters, the State which has issued a master's certificate
or a certificate of competence or licence shall alone be competent, after
due legal process, to pronounce the withdrawal of such certificates, even
if the holder is not a national of the State which issued them.
3. No arrest or detention of the ship, even as a measure of investigation,
shall be ordered by any authorities other than those of the flag State.
Article98
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.
Article99
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.
Article100
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.
Article101
Definition of piracy
Piracy consists of any of the following acts:
(a) any illegal acts of violence or detention, or any act of depredation,
committed for private ends by the crew or the passengers of a private ship
or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against
persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside
the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of
an aircraft with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described
in subparagraph (a) or (b).
Article102
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.
Article103
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.
Article104
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.
Article105
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.
Article106
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.
Article107
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.
Article108
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.
Article109
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.
Article110
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.
Article111
Right of hot pursuit
1. The hot pursuit of a foreign ship may be undertaken when the competent
authorities of the coastal State have good reason to believe that the ship
has violated the laws and regulations of that State. Such pursuit must
be commenced when the foreign ship or one of its boats is within the internal
waters, the archipelagic waters, the territorial sea or the contiguous
zone of the pursuing State, and may only be continued outside the territorial
sea or the contiguous zone if the pursuit has not been interrupted. It
is not necessary that, at the time when the foreign ship within the territorial
sea or the contiguous zone receives the order to stop, the ship giving
the order should likewise be within the territorial sea or the contiguous
zone. If the foreign ship is within a contiguous zone, as defined in article
33, the pursuit may only be undertaken if there has been a violation of
the rights for the protection of which the zone was established.
2. The right of hot pursuit shall apply mutatis mutandis to violations
in the exclusive economic zone or on the continental shelf, including safety
zones around continental shelf installations, of the laws and regulations
of the coastal State applicable in accordance with this Convention to the
exclusive economic zone or the continental shelf, including such safety
zones.
3. The right of hot pursuit ceases as soon as the ship pursued enters
the territorial sea of its own State or of a third State.
4. Hot pursuit is not deemed to have begun unless the pursuing ship
has satisfied itself by such practicable means as may be available that
the ship pursued or one of its boats or other craft working as a team and
using the ship pursued as a mother ship is within the limits of the territorial
sea, or, as the case may be, within the contiguous zone or the exclusive
economic zone or above the continental shelf. The pursuit may only be commenced
after a visual or auditory signal to stop has been given at a distance
which enables it to be seen or heard by the foreign ship.
5. The right of hot pursuit may be exercised only by warships or military
aircraft, or other ships or aircraft clearly marked and identifiable as
being on government service and authorized to that effect.
6. Where hot pursuit is effected by an aircraft:
(a) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis;
(b) the aircraft giving the order to stop must itself actively pursue
the ship until a ship or another aircraft of the coastal State, summoned
by the aircraft, arrives to take over the pursuit, unless the aircraft
is itself able to arrest the ship. It does not suffice to justify an arrest
outside the territorial sea that the ship was merely sighted by the aircraft
as an offender or suspected offender, if it was not both ordered to stop
and pursued by the aircraft itself or other aircraft or ships which continue
the pursuit without interruption.
7. The release of a ship arrested within the jurisdiction of a State and
escorted to a port of that State for the purposes of an inquiry before
the competent authorities may not be claimed solely on the ground that
the ship, in the course of its voyage, was escorted across a portion of
the exclusive economic zone or the high seas, if the circumstances rendered
this necessary.
8. Where a ship has been stopped or arrested outside the territorial
sea in circumstances which do not justify the exercise of the right of
hot pursuit, it shall be compensated for any loss or damage that may have
been thereby sustained.
Article112
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.
Article113
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.
Article114
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.
Article115
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
Article116
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.
Article117
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.
Article118
Cooperation of States in the conservation and management
of living resources
States shall cooperate with each other in the conservation and management
of living resources in the areas of the high seas. States whose nationals
exploit identical living resources, or different living resources in the
same area, shall enter into negotiations with a view to taking the measures
necessary for the conservation of the living resources concerned. They
shall, as appropriate, cooperate to establish subregional or regional fisheries
organizations to this end.
Article119
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.
Article120
Marine mammals
Article 65 also applies to the conservation and management of marine
mammals in the high seas.
PART VIII
REGIME OF ISLANDS
Article121
Regime of islands
1. An island is a naturally formed area of land, surrounded by water,
which is above water at high tide.
2. Except as provided for in paragraph 3, the territorial sea, the contiguous
zone, the exclusive economic zone and the continental shelf of an island
are determined in accordance with the provisions of this Convention applicable
to other land territory.
3. Rocks which cannot sustain human habitation or economic life of their
own shall have no exclusive economic zone or continental shelf.
PART IX
ENCLOSED OR SEMI-ENCLOSED SEAS
Article122
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.
Article123
Cooperation of States bordering enclosed or semi-enclosed seas
States bordering an enclosed or semi-enclosed sea should cooperate with
each other in the exercise of their rights and in the performance of their
duties under this Convention. To this end they shall endeavour, directly
or through an appropriate regional organization:
(a) to coordinate the management, conservation, exploration and exploitation
of the living resources of the sea;
(b) to coordinate the implementation of their rights and duties with
respect to the protection and preservation of the marine environment;
(c) to coordinate their scientific research policies and undertake where
appropriate joint programmes of scientific research in the area;
(d) to invite, as appropriate, other interested States or international
organizations to cooperate with them in furtherance of the provisions of
this article.
PART X
RIGHT OF ACCESS OF LAND-LOCKED
STATES TO AND FROM THE SEA
AND FREEDOM OF TRANSIT
Article124
Use of terms
1. For the purposes of this Convention:
(a) "land-locked State" means a State which has no sea-coast;
(b) "transit State" means a State, with or without a sea-coast, situated
between a land-locked State and the sea, through whose territory traffic
in transit passes;
(c) "traffic in transit" means transit of persons, baggage, goods and
means of transport across the territory of one or more transit States,
when the passage across such territory, with or without trans-shipment,
warehousing, breaking bulk or change in the mode of transport, is only
a portion of a complete journey which begins or terminates within the territory
of the land-locked State;
(d) "means of transport" means:
(i) railway rolling stock, sea, lake and river craft and road vehicles;
(ii) where local conditions so require, porters and pack animals.
2. Land-locked States and transit States may, by agreement between them,
include as means of transport pipelines and gas lines and means of transport
other than those included in paragraph 1.
Article125
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.
Article126
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.
Article127
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.
Article128
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.
Article129
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.
Article130
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.
Article131
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.
Article132
Grant of greater transit facilities
This Convention does not entail in any way the withdrawal of transit
facilities which are greater than those provided for in this Convention
and which are agreed between States Parties to this Convention or granted
by a State Party. This Convention also does not preclude such grant of
greater facilities in the future.
PART XI
THE AREA
SECTION 1. GENERAL PROVISIONS
Article133
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".
Article134
Scope of this Part
1. This Part applies to the Area.
2. Activities in the Area shall be governed by the provisions of this
Part.
3. The requirements concerning deposit of, and publicity to be given
to, the charts or lists of geographical coordinates showing the limits
referred to in article l, paragraph l(1), are set forth in Part VI.
4. Nothing in this article affects the establishment of the outer limits
of the continental shelf in accordance with Part VI or the validity of
agreements relating to delimitation between States with opposite or adjacent
coasts.
Article135
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.
PART XI. SECTION 2.
SECTION 2. PRINCIPLES GOVERNING THE AREA
Article136
Common heritage of mankind
The Area and its resources are the common heritage of mankind.
Article137
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.
Article138
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.
Article139
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.
Article140
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).
Article141
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.
Article142
Rights and legitimate interests of coastal States
1. Activities in the Area, with respect to resource deposits in the
Area which lie across limits of national jurisdiction, shall be conducted
with due regard to the rights and legitimate interests of any coastal State
across whose jurisdiction such deposits lie.
2. Consultations, including a system of prior notification, shall be
maintained with the State concerned, with a view to avoiding infringement
of such rights and interests. In cases where activities in the Area may
result in the exploitation of resources lying within national jurisdiction,
the prior consent of the coastal State concerned shall be required.
3. Neither this Part nor any rights granted or exercised pursuant thereto
shall affect the rights of coastal States to take such measures consistent
with the relevant provisions of Part XII as may be necessary to prevent,
mitigate or eliminate grave and imminent danger to their coastline, or
related interests from pollution or threat thereof or from other hazardous
occurrences resulting from or caused by any activities in the Area.
Article143
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.
Article144
Transfer of technology
1. The Authority shall take measures in accordance with this Convention:
(a) to acquire technology and scientific knowledge relating to activities
in the Area; and
(b) to promote and encourage the transfer to developing States of such
technology and scientific knowledge so that all States Parties benefit
therefrom.
2. To this end the Authority and States Parties shall cooperate in promoting
the transfer of technology and scientific knowledge relating to activities
in the Area so that the Enterprise and all States Parties may benefit therefrom.
In particular they shall initiate and promote:
(a) programmes for the transfer of technology to the Enterprise and
to developing States with regard to activities in the Area, including,
inter
alia, facilitating the access of the Enterprise and of developing States
to the relevant technology, under fair and reasonable terms and conditions;
(b) measures directed towards the advancement of the technology of the
Enterprise and the domestic technology of developing States, particularly
by providing opportunities to personnel from the Enterprise and from developing
States for training in marine science and technology and for their full
participation in activities in the Area.
Article145
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.
Article146
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.
Article147
Accommodation of activities in the Area and in the marine environment
1. Activities in the Area shall be carried out with reasonable regard
for other activities in the marine environment.
2. Installations used for carrying out activities in the Area shall
be subject to the following conditions:
(a) such installations shall be erected, emplaced and removed solely
in accordance with this Part and subject to the rules, regulations and
procedures of the Authority. Due notice must be given of the erection,
emplacement and removal of such installations, and permanent means for
giving warning of their presence must be maintained;
(b) such installations may not be established where interference may
be caused to the use of recognized sea lanes essential to international
navigation or in areas of intense fishing activity;
(c) safety zones shall be established around such installations with
appropriate markings to ensure the safety of both navigation and the installations.
The configuration and location of such safety zones shall not be such as
to form a belt impeding the lawful access of shipping to particular maritime
zones or navigation along international sea lanes;
(d) such installations shall be used exclusively for peaceful purposes;
(e) such installations do not possess the status of islands. They
have no territorial sea of their own, and their presence does not affect
the delimitation of the territorial sea, the exclusive economic zone or
the continental shelf.
3. Other activities in the marine environment shall be conducted with reasonable
regard for activities in the Area.
Article148
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.
Article149
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.
PART XI. SECTION 3.
SECTION 3. DEVELOPMENT OF RESOURCES OF THE AREA
Article150
Policies relating to activities in the Area
Activities in the Area shall, as specifically provided for in this Part,
be carried out in such a manner as to foster healthy development of the
world economy and balanced growth of international trade, and to promote
international cooperation for the over-all development of all countries,
especially developing States, and with a view to ensuring:
(a) the development of the resources of the Area;
(b) orderly, safe and rational management of the resources of the Area,
including the efficient conduct of activities in the Area and, in accordance
with sound principles of conservation, the avoidance of unnecessary waste;
(c) the expansion of opportunities for participation in such activities
consistent in particular with articles 144 and 148;
(d) participation in revenues by the Authority and the transfer of
technology to the Enterprise and developing States as provided for in this
Convention;
(e) increased availability of the minerals derived from the Area as
needed in conjunction with minerals derived from other sources, to ensure
supplies to consumers of such minerals;
(f) the promotion of just and stable prices remunerative to producers
and fair to consumers for minerals derived both from the Area and from
other sources, and the promotion of long-term equilibrium between supply
and demand;
(g) the enhancement of opportunities for all States Parties, irrespective
of their social and economic systems or geographical location, to participate
in the development of the resources of the Area and the prevention of monopolization
of activities in the Area;
(h) the protection of developing countries from adverse effects on their
economies or on their export earnings resulting from a reduction in the
price of an affected mineral, or in the volume of exports of that mineral,
to the extent that such reduction is caused by activities in the Area,
as provided in article 151;
(i) the development of the common heritage for the benefit of mankind
as a whole; and
(j) conditions of access to markets for the imports of minerals produced
from the resources of the Area and for imports of commodities produced
from such minerals shall not be more favourable than the most favourable
applied to imports from other sources.
Article151
Production policies
1. (a) Without prejudice to the objectives set forth in article 150
and for the purpose of implementing subparagraph (h) of that article, the
Authority, acting through existing forums or such new arrangements or agreements
as may be appropriate, in which all interested parties, including both
producers and consumers, participate, shall take measures necessary to
promote the growth, efficiency and stability of markets for those commodities
produced from the minerals derived from the Area, at prices remunerative
to producers and fair to consumers. All States Parties shall cooperate
to this end.
(b) The Authority shall have the right to participate in any commodity
conference dealing with those commodities and in which all interested parties
including both producers and consumers participate. The Authority shall
have the right to become a party to any arrangement or agreement resulting
from such conferences. Participation of the Authority in any organs established
under those arrangements or agreements shall be in respect of production
in the Area and in accordance with the relevant rules of those organs.
(c) The Authority shall carry out its obligations under the arrangements
or agreements referred to in this paragraph in a manner which assures a
uniform and non-discriminatory implementation in respect of all production
in the Area of the minerals concerned. In doing so, the Authority shall
act in a manner consistent with the terms of existing contracts and approved
plans of work of the Enterprise.
2. (a) During the interim period specified in paragraph 3, commercial
production shall not be undertaken pursuant to an approved plan of work
until the operator has applied for and has been issued a production authorization
by the Authority. Such production authorizations may not be applied for
or issued more than five years prior to the planned commencement of commercial
production under the plan of work unless, having regard to the nature and
timing of project development, the rules, regulations and procedures of
the Authority prescribe another period.
(b) In the application for the production authorization, the operator
shall specify the annual quantity of nickel expected to be recovered under
the approved plan of work. The application shall include a schedule of
expenditures to be made by the operator after he has received the authorization
which are reasonably calculated to allow him to begin commercial production
on the date planned.
(c) For the purposes of subparagraphs (a) and (b), the Authority shall
establish appropriate performance requirements in accordance with Annex
III, article 17.
(d) The Authority shall issue a production authorization for the level
of production applied for unless the sum of that level and the levels already
authorized exceeds the nickel production ceiling, as calculated pursuant
to paragraph 4 in the year of issuance of the authorization, during any
year of planned production falling within the interim period.
(e) When issued, the production authorization and approved application
shall become a part of the approved plan of work.
(f) If the operator's application for a production authorization is
denied pursuant to subparagraph (d), the operator may apply again to the
Authority at any time.
3. The interim period shall begin five years prior to 1 January of the
year in which the earliest commercial production is planned to commence
under an approved plan of work. If the earliest commercial production is
delayed beyond the year originally planned, the beginning of the interim
period and the production ceiling originally calculated shall be adjusted
accordingly. The interim period shall last 25 years or until the end of
the Review Conference referred to in article 155 or until the day when
such new arrangements or agreements as are referred to in paragraph 1 enter
into force, whichever is earliest. The Authority shall resume the power
provided in this article for the remainder of the interim period if the
said arrangements or agreements should lapse or become ineffective for
any reason whatsoever.
4. (a) The production ceiling for any year of the interim period shall
be the sum of:
(i) the difference between the trend line values for nickel consumption,
as calculated pursuant to subparagraph (b), for the year immediately prior
to the year of the earliest commercial production and the year immediately
prior to the commencement of the interim period; and
(ii) sixty per cent of the difference between the trend line values
for nickel consumption, as calculated pursuant to subparagraph (b), for
the year for which the production authorization is being applied for and
the year immediately prior to the year of the earliest commercial production.
(b) For the purposes of subparagraph (a):
(i) trend line values used for computing the nickel production ceiling
shall be those annual nickel consumption values on a trend line computed
during the year in which a production authorization is issued. The trend
line shall be derived from a linear regression of the logarithms of actual
nickel consumption for the most recent 15-year period for which such data
are available, time being the independent variable. This trend line shall
be referred to as the original trend line;
(ii) if the annual rate of increase of the original trend line is less
than 3 per cent, then the trend line used to determine the quantities referred
to in subparagraph (a) shall instead be one passing through the original
trend line at the value for the first year of the relevant 15-year period,
and increasing at 3 per cent annually; provided however that the production
ceiling established for any year of the interim period may not in any case
exceed the difference between the original trend line value for that year
and the original trend line value for the year immediately prior to the
commencement of the interim period.
5. The Authority shall reserve to the Enterprise for its initial production
a quantity of 38,000 metric tonnes of nickel from the available production
ceiling calculated pursuant to paragraph 4.
6. (a) An operator may in any year produce less than or up to 8 per
cent more than the level of annual production of minerals from polymetallic
nodules specified in his production authorization, provided that the over-all
amount of production shall not exceed that specified in the authorization.
Any excess over 8 per cent and up to 20 per cent in any year, or any excess
in the first and subsequent years following two consecutive years in which
excesses occur, shall be negotiated with the Authority, which may require
the operator to obtain a supplementary production authorization to cover
additional production.
(b) Applications for such supplementary production authorizations shall
be considered by the Authority only after all pending applications by operators
who have not yet received production authorizations have been acted upon
and due account has been taken of other likely applicants. The Authority
shall be guided by the principle of not exceeding the total production
allowed under the production ceiling in any year of the interim period.
It shall not authorize the production under any plan of work of a quantity
in excess of 46,500 metric tonnes of nickel per year.
7. The levels of production of other metals such as copper, cobalt and
manganese extracted from the polymetallic nodules that are recovered pursuant
to a production authorization should not be higher than those which would
have been produced had the operator produced the maximum level of nickel
from those nodules pursuant to this article. The Authority shall establish
rules, regulations and procedures pursuant to Annex III, article 17, to
implement this paragraph.
8. Rights and obligations relating to unfair economic practices under
relevant multilateral trade agreements shall apply to the exploration for
and exploitation of minerals from the Area. In the settlement of disputes
arising under this provision, States Parties which are Parties to such
multilateral trade agreements shall have recourse to the dispute settlement
procedures of such agreements.
9. The Authority shall have the power to limit the level of production
of minerals from the Area, other than minerals from polymetallic nodules,
under such conditions and applying such methods as may be appropriate by
adopting regulations in accordance with article 161, paragraph 8.
10. Upon the recommendation of the Council on the basis of advice from
the Economic Planning Commission, the Assembly shall establish a system
of compensation or take other measures of economic adjustment assistance
including cooperation with specialized agencies and other international
organizations to assist developing countries which suffer serious adverse
effects on their export earnings or economies resulting from a reduction
in the price of an affected mineral or in the volume of exports of that
mineral, to the extent that such reduction is caused by activities in the
Area. The Authority on request shall initiate studies on the problems of
those States which are likely to be most seriously affected with a view
to minimizing their difficulties and assisting them in their economic adjustment.
Article152
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.
Article153
System of exploration and exploitation
1. Activities in the Area shall be organized, carried out and controlled
by the Authority on behalf of mankind as a whole in accordance with this
article as well as other relevant provisions of this Part and the relevant
Annexes, and the rules, regulations and procedures of the Authority.
2. Activities in the Area shall be carried out as prescribed in paragraph
3:
(a) by the Enterprise, and
(b) in association with the Authority by States Parties, or state enterprises
or natural or juridical persons which possess the nationality of States
Parties or are effectively controlled by them or their nationals, when
sponsored by such States, or any group of the foregoing which meets the
requirements provided in this Part and in Annex III.
3. Activities in the Area shall be carried out in accordance with a formal
written plan of work drawn up in accordance with Annex III and approved
by the Council after review by the Legal and Technical Commission. In the
case of activities in the Area carried out as authorized by the Authority
by the entities specified in paragraph 2(b), the plan of work shall, in
accordance with Annex III, article 3, be in the form of a contract. Such
contracts may provide for joint arrangements in accordance with Annex III,
article 11.
4. The Authority shall exercise such control over activities in the
Area as is necessary for the purpose of securing compliance with the relevant
provisions of this Part and the Annexes relating thereto, and the rules,
regulations and procedures of the Authority, and the plans of work approved
in accordance with paragraph 3. States Parties shall assist the Authority
by taking all measures necessary to ensure such compliance in accordance
with article 139.
5. The Authority shall have the right to take at any time any measures
provided for under this Part to ensure compliance with its provisions and
the exercise of the functions of control and regulation assigned to it
thereunder or under any contract. The Authority shall have the right to
inspect all installations in the Area used in connection with activities
in the Area.
6. A contract under paragraph 3 shall provide for security of tenure.
Accordingly, the contract shall not be revised, suspended or terminated
except in accordance with Annex III, articles 18 and 19.
Article154
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.
Article155
The Review Conference
1. Fifteen years from 1 January of the year in which the earliest commercial
production commences under an approved plan of work, the Assembly shall
convene a conference for the review of those provisions of this Part and
the relevant Annexes which govern the system of exploration and exploitation
of the resources of the Area. The Review Conference shall consider in detail,
in the light of the experience acquired during that period:
(a) whether the provisions of this Part which govern the system of
exploration and exploitation of the resources of the Area have achieved
their aims in all respects, including whether they have benefited mankind
as a whole;
(b) whether, during the 15-year period, reserved areas have been exploited
in an effective and balanced manner in comparison with non-reserved areas;
(c) whether the development and use of the Area and its resources
have been undertaken in such a manner as to foster healthy development
of the world economy and balanced growth of international trade;
(d) whether monopolization of activities in the Area has been prevented;
(e) whether the policies set forth in articles 150 and 151 have been
fulfilled; and
(f) whether the system has resulted in the equitable sharing of benefits
derived from activities in the Area, taking into particular consideration
the interests and needs of the developing States.
2. The Review Conference shall ensure the maintenance of the principle
of the common heritage of mankind, the international regime designed to
ensure equitable exploitation of the resources of the Area for the benefit
of all countries, especially the developing States, and an Authority to
organize, conduct and control activities in the Area. It shall also ensure
the maintenance of the principles laid down in this Part with regard to
the exclusion of claims or exercise of sovereignty over any part of the
Area, the rights of States and their general conduct in relation to the
Area, and their participation in activities in the Area in conformity with
this Convention, the prevention of monopolization of activities in the
Area, the use of the Area exclusively for peaceful purposes, economic aspects
of activities in the Area, marine scientific research, transfer of technology,
protection of the marine environment, protection of human life, rights
of coastal States, the legal status of the waters superjacent to the Area
and that of the air space above those waters and accommodation between
activities in the Area and other activities in the marine environment.
3. The decision-making procedure applicable at the Review Conference
shall be the same as that applicable at the Third United Nations Conference
on the Law of the Sea. The Conference shall make every effort to reach
agreement on any amendments by way of consensus and there should be no
voting on such matters until all efforts at achieving consensus have been
exhausted.
4. If, five years after its commencement, the Review Conference has
not reached agreement on the system of exploration and exploitation of
the resources of the Area, it may decide during the ensuing 12 months,
by a three-fourths majority of the States Parties, to adopt and submit
to the States Parties for ratification or accession such amendments changing
or modifying the system as it determines necessary and appropriate. Such
amendments shall enter into force for all States Parties 12 months after
the deposit of instruments of ratification or accession by three fourths
of the States Parties.
5. Amendments adopted by the Review Conference pursuant to this article
shall not affect rights acquired under existing contracts.
PART XI. SECTION 4.
SECTION 4. THE AUTHORITY
SUBSECTION A. GENERAL PROVISIONS
Article156
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.
Article157
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.
Article158
Organs of the Authority
1. There are hereby established, as the principal organs of the Authority,
an Assembly, a Council and a Secretariat.
2. There is hereby established the Enterprise, the organ through which
the Authority shall carry out the functions referred to in article 170,
paragraph 1.
3. Such subsidiary organs as may be found necessary may be established
in accordance with this Part.
4. Each principal organ of the Authority and the Enterprise shall be
responsible for exercising those powers and functions which are conferred
upon it. In exercising such powers and functions each organ shall avoid
taking any action which may derogate from or impede the exercise of specific
powers and functions conferred upon another organ.
SUBSECTION B. THE ASSEMBLY
Article159
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.
Article160
Powers and functions
1. The Assembly, as the sole organ of the Authority consisting of all
the members, shall be considered the supreme organ of the Authority to
which the other principal organs shall be accountable as specifically provided
for in this Convention. The Assembly shall have the power to establish
general policies in conformity with the relevant provisions of this Convention
on any question or matter within the competence of the Authority.
2. In addition, the powers and functions of the Assembly shall be:
(a) to elect the members of the Council in accordance with article
161;
(b) to elect the Secretary-General from among the candidates proposed
by the Council;
(c) to elect, upon the recommendation of the Council, the members of
the Governing Board of the Enterprise and the Director-General of the Enterprise;
(d) to establish such subsidiary organs as it finds necessary for the
exercise of its functions in accordance with this Part. In the composition
of these subsidiary organs due account shall be taken of the principle
of equitable geographical distribution and of special interests and the
need for members qualified and competent in the relevant technical questions
dealt with by such organs;
(e) to assess the contributions of members to the administrative budget
of the Authority in accordance with an agreed scale of assessment based
upon the scale used for the regular budget of the United Nations until
the Authority shall have sufficient income from other sources to meet its
administrative expenses;
(f) (i) to consider and approve, upon the recommendation of the Council,
the rules, regulations and procedures on the equitable sharing of financial
and other economic benefits derived from activities in the Area and the
payments and contributions made pursuant to article 82, taking into particular
consideration the interests and needs of developing States and peoples
who have not attained full independence or other self-governing status.
If the Assembly does not approve the recommendations of the Council, the
Assembly shall return them to the Council for reconsideration in the light
of the views expressed by the Assembly;
(ii) to consider and approve the rules, regulations and procedures of
the Authority, and any amendments thereto, provisionally adopted by the
Council pursuant to article 162, paragraph 2 (o)(ii). These rules, regulations
and procedures shall relate to prospecting, exploration and exploitation
in the Area, the financial management and internal administration of the
Authority, and, upon the recommendation of the Governing Board of the Enterprise,
to the transfer of funds from the Enterprise to the Authority;
(g) to decide upon the equitable sharing of financial and other economic
benefits derived from activities in the Area, consistent with this Convention
and the rules, regulations and procedures of the Authority;
(h) to consider and approve the proposed annual budget of the Authority
submitted by the Council;
(i) to examine periodic reports from the Council and from the Enterprise
and special reports requested from the Council or any other organ of the
Authority;
(j) to initiate studies and make recommendations for the purpose of
promoting international cooperation concerning activities in the Area and
encouraging the progressive development of international law relating thereto
and its codification;
(k) to consider problems of a general nature in connection with activities
in the Area arising in particular for developing States, as well as those
problems for States in connection with activities in the Area that are
due to their geographical location, particularly for land-locked and geographically
disadvantaged States;
(l) to establish, upon the recommendation of the Council, on the basis
of advice from the Economic Planning Commission, a system of compensation
or other measures of economic adjustment assistance as provided in article
151, paragraph 10;
(m) to suspend the exercise of rights and privileges of membership pursuant
to article 185;
(n) to discuss any question or matter within the competence of the
Authority and to decide as to which organ of the Authority shall deal with
any such question or matter not specifically entrusted to a particular
organ, consistent with the distribution of powers and functions among the
organs of the Authority.
SUBSECTION C. THE COUNCIL
Article161
Composition, procedure and voting
1. The Council shall consist of 36 members of the Authority elected
by the Assembly in the following order:
(a) four members from among those States Parties which, during the
last five years for which statistics are available, have either consumed
more than 2 per cent of total world consumption or have had net imports
of more than 2 per cent of total world imports of the commodities produced
from the categories of minerals to be derived from the Area, and in any
case one State from the Eastern European (Socialist) region, as well as
the largest consumer;
(b) four members from among the eight States Parties which have the
largest investments in preparation for and in the conduct of activities
in the Area, either directly or through their nationals, including at least
one State from the Eastern European (Socialist) region;
(c) four members from among States Parties which on the basis of production
in areas under their jurisdiction are major net exporters of the categories
of minerals to be derived from the Area, including at least two developing
States whose exports of such minerals have a substantial bearing upon their
economies;
(d) six members from among developing States Parties, representing special
interests. The special interests to be represented shall include those
of States with large populations, States which are land-locked or geographically
disadvantaged, States which are major importers of the categories of minerals
to be derived from the Area, States which are potential producers of such
minerals, and least developed States;
(e) eighteen members elected according to the principle of ensuring
an equitable geographical distribution of seats in the Council as a whole,
provided that each geographical region shall have at least one member elected
under this subparagraph. For this purpose, the geographical regions shall
be Africa, Asia, Eastern European (Socialist), Latin America and Western
European and Others.
2. In electing the members of the Council in accordance with paragraph
1, the Assembly shall ensure that:
(a) land-locked and geographically disadvantaged States are represented
to a degree which is reasonably proportionate to their representation in
the Assembly;
(b) coastal States, especially developing States, which do not qualify
under paragraph 1(a), (b), (c) or (d) are represented to a degree which
is reasonably proportionate to their representation in the Assembly;
(c) each group of States Parties to be represented on the Council is
represented by those members, if any, which are nominated by that group.
3. Elections shall take place at regular sessions of the Assembly. Each
member of the Council shall be elected for four years. At the first election,
however, the term of one half of the members of each group referred to
in paragraph l shall be two years.
4. Members of the Council shall be eligible for re-election, but due
regard should be paid to the desirability of rotation of membership.
5. The Council shall function at the seat of the Authority, and shall
meet as often as the business of the Authority may require, but not less
than three times a year.
6. A majority of the members of the Council shall constitute a quorum.
7. Each member of the Council shall have one vote.
8. (a) Decisions on questions of procedure shall be taken by a majority
of the members present and voting.
(b) Decisions on questions of substance arising under the following
provisions shall be taken by a two-thirds majority of the members present
and voting, provided that such majority includes a majority of the members
of the Council: article 162, paragraph 2, subparagraphs (f); (g); (h);
(i); (n); (p); (v); article 191.
(c) Decisions on questions of substance arising under the following
provisions shall be taken by a three-fourths majority of the members present
and voting, provided that such majority includes a majority of the members
of the Council: article 162, paragraph 1; article 162, paragraph 2, subparagraphs
(a); (b); (c); (d); (e); (l); (q); (r); (s); (t); (u) in cases of non-compliance
by a contractor or a sponsor; (w) provided that orders issued thereunder
may be binding for not more than 30 days unless confirmed by a decision
taken in accordance with subparagraph (d); article 162, paragraph 2, subparagraphs
(x); (y); (z); article 163, paragraph 2; article 174, paragraph 3; Annex
IV, article 11.
(d) Decisions on questions of substance arising under the following
provisions shall be taken by consensus: article 162, paragraph 2(m) and
(o); adoption of amendments to Part XI.
(e) For the purposes of subparagraphs (d), (f) and (g), "consensus"
means the absence of any formal objection. Within 14 days of the submission
of a proposal to the Council, the President of the Council shall determine
whether there would be a formal objection to the adoption of the proposal.
If the President determines that there would be such an objection, the
President shall establish and convene, within three days following such
determination, a conciliation committee consisting of not more than nine
members of the Council, with the President as chairman, for the purpose
of reconciling the differences and producing a proposal which can be adopted
by consensus. The committee shall work expeditiously and report to the
Council within 14 days following its establishment. If the committee is
unable to recommend a proposal which can be adopted by consensus, it shall
set out in its report the grounds on which the proposal is being opposed.
(f) Decisions on questions not listed above which the Council is authorized
to take by the rules, regulations and procedures of the Authority or otherwise
shall be taken pursuant to the subparagraphs of this paragraph specified
in the rules, regulations and procedures or, if not specified therein,
then pursuant to the subparagraph determined by the Council if possible
in advance, by consensus.
(g) When the issue arises as to whether a question is within subparagraph
(a), (b), (c) or (d), the question shall be treated as being within the
subparagraph requiring the higher or highest majority or consensus as the
case may be, unless otherwise decided by the Council by the said majority
or by consensus.
9. The Council shall establish a procedure whereby a member of the Authority
not represented on the Council may send a representative to attend a meeting
of the Council when a request is made by such member, or a matter particularly
affecting it is under consideration. Such a representative shall be entitled
to participate in the deliberations but not to vote.
Article162
Powers and functions
1. The Council is the executive organ of the Authority. The Council
shall have the power to establish, in conformity with this Convention and
the general policies established by the Assembly, the specific policies
to be pursued by the Authority on any question or matter within the competence
of the Authority.
2. In addition, the Council shall:
(a) supervise and coordinate the implementation of the provisions
of this Part on all questions and matters within the competence of the
Authority and invite the attention of the Assembly to cases of non-compliance;
(b) propose to the Assembly a list of candidates for the election of
the Secretary-General;
(c) recommend to the Assembly candidates for the election of the members
of the Governing Board of the Enterprise and the Director-General of the
Enterprise;
(d) establish, as appropriate, and with due regard to economy and efficiency,
such subsidiary organs as it finds necessary for the exercise of its functions
in accordance with this Part. In the composition of subsidiary organs,
emphasis shall be placed on the need for members qualified and competent
in relevant technical matters dealt with by those organs provided that
due account shall be taken of the principle of equitable geographical distribution
and of special interests;
(e) adopt its rules of procedure including the method of selecting its
president;
(f) enter into agreements with the United Nations or other international
organizations on behalf of the Authority and within its competence, subject
to approval by the Assembly;
(g) consider the reports of the Enterprise and transmit them to the
Assembly with its recommendations;
(h) present to the Assembly annual reports and such special reports
as the Assembly may request;
(i) issue directives to the Enterprise in accordance with article 170;
(j) approve plans of work in accordance with Annex III, article 6. The
Council shall act upon each plan of work within 60 days of its submission
by the Legal and Technical Commission at a session of the Council in accordance
with the following procedures:
(i) if the Commission recommends the approval of a plan of work, it
shall be deemed to have been approved by the Council if no member of the
Council submits in writing to the President within 14 days a specific objection
alleging non-compliance with the requirements of Annex III, article 6.
If there is an objection, the conciliation procedure set forth in article
161, paragraph 8(e), shall apply. If, at the end of the conciliation procedure,
the objection is still maintained, the plan of work shall be deemed to
have been approved by the Council unless the Council disapproves it by
consensus among its members excluding any State or States making the application
or sponsoring the applicant;
(ii) if the Commission recommends the disapproval of a plan of work
or does not make a recommendation, the Council may approve the plan of
work by a three-fourths majority of the members present and voting, provided
that such majority includes a majority of the members participating in
the session;
(k) approve plans of work submitted by the Enterprise in accordance with
Annex IV, article 12, applying, mutatis mutandis, the procedures
set forth in subparagraph (j);
(l) exercise control over activities in the Area in accordance with
article 153, paragraph 4, and the rules, regulations and procedures of
the Authority;
(m) take, upon the recommendation of the Economic Planning Commission,
necessary and appropriate measures in accordance with article 150, subparagraph
(h), to provide protection from the adverse economic effects specified
therein;
(n) make recommendations to the Assembly, on the basis of advice from
the Economic Planning Commission, for a system of compensation or other
measures of economic adjustment assistance as provided in article 151,
paragraph 10;
(o) (i) recommend to the Assembly rules, regulations and procedures
on the equitable sharing of financial and other economic benefits derived
from activities in the Area and the payments and contributions made pursuant
to article 82, taking into particular consideration the interests and needs
of the developing States and peoples who have not attained full independence
or other self-governing status;
(ii) adopt and apply provisionally, pending approval by the Assembly,
the rules, regulations and procedures of the Authority, and any amendments
thereto, taking into account the recommendations of the Legal and Technical
Commission or other subordinate organ concerned. These rules, regulations
and procedures shall relate to prospecting, exploration and exploitation
in the Area and the financial management and internal administration of
the Authority. Priority shall be given to the adoption of rules, regulations
and procedures for the exploration for and exploitation of polymetallic
nodules. Rules, regulations and procedures for the exploration for and
exploitation of any resource other than polymetallic nodules shall be adopted
within three years from the date of a request to the Authority by any of
its members to adopt such rules, regulations and procedures in respect
of such resource. All rules, regulations and procedures shall remain in
effect on a provisional basis until approved by the Assembly or until amended
by the Council in the light of any views expressed by the Assembly;
(p) review the collection of all payments to be made by or to the Authority
in connection with operations pursuant to this Part;
(q) make the selection from among applicants for production authorizations
pursuant to Annex III, article 7, where such selection is required by that
provision;
(r) submit the proposed annual budget of the Authority to the Assembly
for its approval;
(s) make recommendations to the Assembly concerning policies on any
question or matter within the competence of the Authority;
(t) make recommendations to the Assembly concerning suspension of the
exercise of the rights and privileges of membership pursuant to article
185;
(u) institute proceedings on behalf of the Authority before the Seabed
Disputes Chamber in cases of non-compliance;
(v) notify the Assembly upon a decision by the Seabed Disputes Chamber
in proceedings instituted under subparagraph (u), and make any recommendations
which it may find appropriate with respect to measures to be taken;
(w) issue emergency orders, which may include orders for the suspension
or adjustment of operations, to prevent serious harm to the marine environment
arising out of activities in the Area;
(x) disapprove areas for exploitation by contractors or the Enterprise
in cases where substantial evidence indicates the risk of serious harm
to the marine environment;
(y) establish a subsidiary organ for the elaboration of draft financial
rules, regulations and procedures relating to:
(i) financial management in accordance with articles 171 to 175; and
(ii) financial arrangements in accordance with Annex III, article
13 and article 17, paragraph 1(c);
(z) establish appropriate mechanisms for directing and supervising a staff
of inspectors who shall inspect activities in the Area to determine whether
this Part, the rules, regulations and procedures of the Authority, and
the terms and conditions of any contract with the Authority are being complied
with.
Article163
Organs of the Council
1. There are hereby established the following organs of the Council:
(a) an Economic Planning Commission;
(b) a Legal and Technical Commission.
2. Each Commission shall be composed of 15 members, elected by the Council
from among the candidates nominated by the States Parties. However, if
necessary, the Council may decide to increase the size of either Commission
having due regard to economy and efficiency.
3. Members of a Commission shall have appropriate qualifications in
the area of competence of that Commission. States Parties shall nominate
candidates of the highest standards of competence and integrity with qualifications
in relevant fields so as to ensure the effective exercise of the functions
of the Commissions.
4. In the election of members of the Commissions, due account shall
be taken of the need for equitable geographical distribution and the representation
of special interests.
5. No State Party may nominate more than one candidate for the same
Commission. No person shall be elected to serve on more than one Commission.
6. Members of the Commissions shall hold office for a term of five years.
They shall be eligible for re-election for a further term.
7. In the event of the death, incapacity or resignation of a member
of a Commission prior to the expiration of the term of office, the Council
shall elect for the remainder of the term, a member from the same geographical
region or area of interest.
8. Members of Commissions shall have no financial interest in any activity
relating to exploration and exploitation in the Area. Subject to their
responsibilities to the Commissions upon which they serve, they shall not
disclose, even after the termination of their functions, any industrial
secret, proprietary data which are transferred to the Authority in accordance
with Annex III, article l4, or any other confidential information coming
to their knowledge by reason of their duties for the Authority.
9. Each Commission shall exercise its functions in accordance with such
guidelines and directives as the Council may adopt.
10. Each Commission shall formulate and submit to the Council for approval
such rules and regulations as may be necessary for the efficient conduct
of the Commission's functions.
11. The decision-making procedures of the Commissions shall be established
by the rules, regulations and procedures of the Authority. Recommendations
to the Council shall, where necessary, be accompanied by a summary on the
divergencies of opinion in the Commission.
12. Each Commission shall normally function at the seat of the Authority
and shall meet as often as is required for the efficient exercise of its
functions.
13. In the exercise of its functions, each Commission may, where appropriate,
consult another commission, any competent organ of the United Nations or
of its specialized agencies or any international organizations with competence
in the subject-matter of such consultation.
Article164
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.
Article165
The Legal and Technical Commission
1. Members of the Legal and Technical Commission shall have appropriate
qualifications such as those relevant to exploration for and exploitation
and processing of mineral resources, oceanology, protection of the marine
environment, or economic or legal matters relating to ocean mining and
related fields of expertise. The Council shall endeavour to ensure that
the membership of the Commission reflects all appropriate qualifications.
2. The Commission shall:
(a) make recommendations with regard to the exercise of the Authority's
functions upon the request of the Council;
(b) review formal written plans of work for activities in the Area in
accordance with article 153, paragraph 3, and submit appropriate recommendations
to the Council. The Commission shall base its recommendations solely on
the grounds stated in Annex III and shall report fully thereon to the Council;
(c) supervise, upon the request of the Council, activities in the Area,
where appropriate, in consultation and collaboration with any entity carrying
out such activities or State or States concerned and report to the Council;
(d) prepare assessments of the environmental implications of activities
in the Area;
(e) make recommendations to the Council on the protection of the marine
environment, taking into account the views of recognized experts in that
field;
(f) formulate and submit to the Council the rules, regulations and procedures
referred to in article 162, paragraph 2(o), taking into account all relevant
factors including assessments of the environmental implications of activities
in the Area;
(g) keep such rules, regulations and procedures under review and recommend
to the Council from time to time such amendments thereto as it may deem
necessary or desirable;
(h) make recommendations to the Council regarding the establishment
of a monitoring programme to observe, measure, evaluate and analyse, by
recognized scientific methods, on a regular basis, the risks or effects
of pollution of the marine environment resulting from activities in the
Area, ensure that existing regulations are adequate and are complied with
and coordinate the implementation of the monitoring programme approved
by the Council;
(i) recommend to the Council that proceedings be instituted on behalf
of the Authority before the Seabed Disputes Chamber, in accordance with
this Part and the relevant Annexes taking into account particularly article
187;
(j) make recommendations to the Council with respect to measures to
be taken, upon a decision by the Seabed Disputes Chamber in proceedings
instituted in accordance with subparagraph (i);
(k) make recommendations to the Council to issue emergency orders, which
may include orders for the suspension or adjustment of operations, to prevent
serious harm to the marine environment arising out of activities in the
Area. Such recommendations shall be taken up by the Council on a priority
basis;
(l) make recommendations to the Council to disapprove areas for exploitation
by contractors or the Enterprise in cases where substantial evidence indicates
the risk of serious harm to the marine environment;
(m) make recommendations to the Council regarding the direction and
supervision of a staff of inspectors who shall inspect activities in the
Area to determine whether the provisions of this Part, the rules, regulations
and procedures of the Authority, and the terms and conditions of any contract
with the Authority are being complied with;
(n) calculate the production ceiling and issue production authorizations
on behalf of the Authority pursuant to article 151, paragraphs 2 to 7,
following any necessary selection among applicants for production authorizations
by the Council in accordance with Annex III, article 7.
3. The members of the Commission shall, upon request by any State Party
or other party concerned, be accompanied by a representative of such State
or other party concerned when carrying out their function of supervision
and inspection.
SUBSECTION D. THE SECRETARIAT
Article166
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.
Article167
The staff of the Authority
1. The staff of the Authority shall consist of such qualified scientific
and technical and other personnel as may be required to fulfil the administrative
functions of the Authority.
2. The paramount consideration in the recruitment and employment of
the staff and in the determination of their conditions of service shall
be the necessity of securing the highest standards of efficiency, competence
and integrity. Subject to this consideration, due regard shall be paid
to the importance of recruiting the staff on as wide a geographical basis
as possible.
3. The staff shall be appointed by the Secretary-General. The terms
and conditions on which they shall be appointed, remunerated and dismissed
shall be in accordance with the rules, regulations and procedures of the
Authority.
Article168
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.
Article169
Consultation and cooperation with international
and non-governmental organizations
1. The Secretary-General shall, on matters within the competence of
the Authority, make suitable arrangements, with the approval of the Council,
for consultation and cooperation with international and non-governmental
organizations recognized by the Economic and Social Council of the United
Nations.
2. Any organization with which the Secretary-General has entered into
an arrangement under paragraph 1 may designate representatives to attend
meetings of the organs of the Authority as observers in accordance with
the rules of procedure of these organs. Procedures shall be established
for obtaining the views of such organizations in appropriate cases.
3. The Secretary-General may distribute to States Parties written reports
submitted by the non-governmental organizations referred to in paragraph
l on subjects in which they have special competence and which are related
to the work of the Authority.
SUBSECTION E. THE ENTERPRISE
Article170
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
Article171
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.
Article172
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).
Article173
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).
Article174
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.
Article175
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
Article176
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.
Article177
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.
Article178
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.
Article179
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.
Article180
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.
Article181
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.
Article182
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.
Article183
Exemption from taxes and customs duties
1. Within the scope of its official activities, the Authority, its assets
and property, its income, and its operations and transactions, authorized
by this Convention, shall be exempt from all direct taxation and goods
imported or exported for its official use shall be exempt from all customs
duties. The Authority shall not claim exemption from taxes which are no
more than charges for services rendered.
2. When purchases of goods or services of substantial value necessary
for the official activities of the Authority are made by or on behalf of
the Authority, and when the price of such goods or services includes taxes
or duties, appropriate measures shall, to the extent practicable, be taken
by States Parties to grant exemption from such taxes or duties or provide
for their reimbursement. Goods imported or purchased under an exemption
provided for in this article shall not be sold or otherwise disposed of
in the territory of the State Party which granted the exemption, except
under conditions agreed with that State Party.
3. No tax shall be levied by States Parties on or in respect of salaries
and emoluments paid or any other form of payment made by the Authority
to the Secretary-General and staff of the Authority, as well as experts
performing missions for the Authority, who are not their nationals.
SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS
AND PRIVILEGES OF MEMBERS
Article184
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.
Article185
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.
PART XI. SECTION 5.
SECTION 5. SETTLEMENT OF DISPUTES AND ADVISORY OPINIONS
Article186
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.
Article187
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.
Article188
Submission of disputes to a special chamber of the
International Tribunal for the Law of the Sea
or an ad hoc chamber of the Seabed Disputes Chamber
or to binding commercial arbitration
1. Disputes between States Parties referred to in article 187, subparagraph
(a), may be submitted:
(a) at the request of the parties to the dispute, to a special chamber
of the International Tribunal for the Law of the Sea to be formed in accordance
with Annex VI, articles 15 and 17; or
(b) at the request of any party to the dispute, to an ad hoc chamber
of the Seabed Disputes Chamber to be formed in accordance with Annex VI,
article 36.
2. (a) Disputes concerning the interpretation or application of a contract
referred to in article 187, subparagraph (c)(i), shall be submitted, at
the request of any party to the dispute, to binding commercial arbitration,
unless the parties otherwise agree. A commercial arbitral tribunal to which
the dispute is submitted shall have no jurisdiction to decide any question
of interpretation of this Convention. When the dispute also involves a
question of the interpretation of Part XI and the Annexes relating thereto,
with respect to activities in the Area, that question shall be referred
to the Seabed Disputes Chamber for a ruling.
(b) If, at the commencement of or in the course of such arbitration,
the arbitral tribunal determines, either at the request of any party to
the dispute or proprio motu, that its decision depends upon a ruling
of the Seabed Disputes Chamber, the arbitral tribunal shall refer such
question to the Seabed Disputes Chamber for such ruling. The arbitral tribunal
shall then proceed to render its award in conformity with the ruling of
the Seabed Disputes Chamber.
(c) In the absence of a provision in the contract on the arbitration
procedure to be applied in the dispute, the arbitration shall be conducted
in accordance with the UNCITRAL Arbitration Rules or such other arbitration
rules as may be prescribed in the rules, regulations and procedures of
the Authority, unless the parties to the dispute otherwise agree.
Article189
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.
Article190
Participation and appearance
of sponsoring States Parties in proceedings
1. If a natural or juridical person is a party to a dispute referred
to in article 187, the sponsoring State shall be given notice thereof and
shall have the right to participate in the proceedings by submitting written
or oral statements.
2. If an action is brought against a State Party by a natural or juridical
person sponsored by another State Party in a dispute referred to in article
187, subparagraph (c), the respondent State may request the State sponsoring
that person to appear in the proceedings on behalf of that person. Failing
such appearance, the respondent State may arrange to be represented by
a juridical person of its nationality.
Article191
Advisory opinions
The Seabed Disputes Chamber shall give advisory opinions at the request
of the Assembly or the Council on legal questions arising within the scope
of their activities. Such opinions shall be given as a matter of urgency.
PART XII
PROTECTION AND PRESERVATION
OF THE MARINE ENVIRONMENT
SECTION 1. GENERAL PROVISIONS
Article 192
General obligation
States have the obligation to protect and preserve the marine environment.
Article 193
Sovereign right of States to exploit their natural resources
States have the sovereign right to exploit their natural resources pursuant
to their environmental policies and in accordance with their duty to protect
and preserve the marine environment.
Article 194
Measures to prevent, reduce and control pollution
of the marine environment
1. States shall take, individually or jointly as appropriate, all measures
consistent with this Convention that are necessary to prevent, reduce and
control pollution of the marine environment from any source, using for
this purpose the best practicable means at their disposal and in accordance
with their capabilities, and they shall endeavour to harmonize their policies
in this connection.
2. States shall take all measures necessary to ensure that activities
under their jurisdiction or control are so conducted as not to cause damage
by pollution to other States and their environment, and that pollution
arising from incidents or activities under their jurisdiction or control
does not spread beyond the areas where they exercise sovereign rights in
accordance with this Convention.
3. The measures taken pursuant to this Part shall deal with all sources
of pollution of the marine environment. These measures shall include, inter
alia, those designed to minimize to the fullest possible extent:
(a) the release of toxic, harmful or noxious substances, especially
those which are persistent, from land-based sources, from or through the
atmosphere or by dumping;
(b) pollution from vessels, in particular measures for preventing accidents
and dealing with emergencies, ensuring the safety of operations at sea,
preventing intentional and unintentional discharges, and regulating the
design, construction, equipment, operation and manning of vessels;
(c) pollution from installations and devices used in exploration or
exploitation of the natural resources of the seabed and subsoil, in particular
measures for preventing accidents and dealing with emergencies, ensuring
the safety of operations at sea, and regulating the design, construction,
equipment, operation and manning of such installations or devices;
(d) pollution from other installations and devices operating in the
marine environment, in particular measures for preventing accidents and
dealing with emergencies, ensuring the safety of operations at sea, and
regulating the design, construction, equipment, operation and manning of
such installations or devices.
4. In taking measures to prevent, reduce or control pollution of the marine
environment, States shall refrain from unjustifiable interference with
activities carried out by other States in the exercise of their rights
and in pursuance of their duties in conformity with this Convention.
5. The measures taken in accordance with this Part shall include those
necessary to protect and preserve rare or fragile ecosystems as well as
the habitat of depleted, threatened or endangered species and other forms
of marine life.
Article 195
Duty not to transfer damage or hazards
or transform one type of pollution into another
In taking measures to prevent, reduce and control pollution of the marine
environment, States shall act so as not to transfer, directly or indirectly,
damage or hazards from one area to another or transform one type of pollution
into another.
Article 196
Use of technologies or introduction of alien or new species
1. States shall take all measures necessary to prevent, reduce and control
pollution of the marine environment resulting from the use of technologies
under their jurisdiction or control, or the intentional or accidental introduction
of species, alien or new, to a particular part of the marine environment,
which may cause significant and harmful changes thereto.
2. This article does not affect the application of this Convention regarding
the prevention, reduction and control of pollution of the marine environment.
SECTION 2. GLOBAL AND REGIONAL COOPERATION
Article 197
Cooperation on a global or regional basis
States shall cooperate on a global basis and, as appropriate, on a regional
basis, directly or through competent international organizations, in formulating
and elaborating international rules, standards and recommended practices
and procedures consistent with this Convention, for the protection and
preservation of the marine environment, taking into account characteristic
regional features.
Article 198
Notification of imminent or actual damage
When a State becomes aware of cases in which the marine environment
is in imminent danger of being damaged or has been damaged by pollution,
it shall immediately notify other States it deems likely to be affected
by such damage, as well as the competent international organizations.
Article 199
Contingency plans against pollution
In the cases referred to in article 198, States in the area affected,
in accordance with their capabilities, and the competent international
organizations shall cooperate, to the extent possible, in eliminating the
effects of pollution and preventing or minimizing the damage. To this end,
States shall jointly develop and promote contingency plans for responding
to pollution incidents in the marine environment.
Article 200
Studies, research programmes and exchange of information and data
States shall cooperate, directly or through competent international
organizations, for the purpose of promoting studies, undertaking programmes
of scientific research and encouraging the exchange of information and
data acquired about pollution of the marine environment. They shall endeavour
to participate actively in regional and global programmes to acquire knowledge
for the assessment of the nature and extent of pollution, exposure to it,
and its pathways, risks and remedies.
Article 201
Scientific criteria for regulations
In the light of the information and data acquired pursuant to article
200, States shall cooperate, directly or through competent international
organizations, in establishing appropriate scientific criteria for the
formulation and elaboration of rules, standards and recommended practices
and procedures for the prevention, reduction and control of pollution of
the marine environment.
SECTION 3. TECHNICAL ASSISTANCE
Article 202
Scientific and technical assistance to developing States
States shall, directly or through competent international organizations:
(a) promote programmes of scientific, educational, technical and other
assistance to developing States for the protection and preservation of
the marine environment and the prevention, reduction and control of marine
pollution. Such assistance shall include, inter alia:
(i) training of their scientific and technical personnel;
(ii) facilitating their participation in relevant international programmes;
(iii) supplying them with necessary equipment and facilities;
(iv) enhancing their capacity to manufacture such equipment;
(v) advice on and developing facilities for research, monitoring, educational
and other programmes;
(b) provide appropriate assistance, especially to developing States, for
the minimization of the effects of major incidents which may cause serious
pollution of the marine environment;
(c) provide appropriate assistance, especially to developing States,
concerning the preparation of environmental assessments.
Article 203
Preferential treatment for developing States
Developing States shall, for the purposes of prevention, reduction and
control of pollution of the marine environment or minimization of its effects,
be granted preference by international organizations in:
(a) the allocation of appropriate funds and technical assistance;
and
(b) the utilization of their specialized services.
SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT
Article 204
Monitoring of the risks or effects of pollution
1. States shall, consistent with the rights of other States, endeavour,
as far as practicable, directly or through the competent international
organizations, to observe, measure, evaluate and analyse, by recognized
scientific methods, the risks or effects of pollution of the marine environment.
2. In particular, States shall keep under surveillance the effects of
any activities which they permit or in which they engage in order to determine
whether these activities are likely to pollute the marine environment.
Article 205
Publication of reports
States shall publish reports of the results obtained pursuant to article
204 or provide such reports at appropriate intervals to the competent international
organizations, which should make them available to all States.
Article 206
Assessment of potential effects of activities
When States have reasonable grounds for believing that planned activities
under their jurisdiction or control may cause substantial pollution of
or significant and harmful changes to the marine environment, they shall,
as far as practicable, assess the potential effects of such activities
on the marine environment and shall communicate reports of the results
of such assessments in the manner provided in article 205.
SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION
TO PREVENT, REDUCE AND CONTROL
POLLUTION OF THE MARINE ENVIRONMENT
Article 207
Pollution from land-based sources
1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment from land-based sources, including
rivers, estuaries, pipelines and outfall structures, taking into account
internationally agreed rules, standards and recommended practices and procedures.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. States shall endeavour to harmonize their policies in this connection
at the appropriate regional level.
4. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent, reduce
and control pollution of the marine environment from land-based sources,
taking into account characteristic regional features, the economic capacity
of developing States and their need for economic development. Such rules,
standards and recommended practices and procedures shall be re-examined
from time to time as necessary.
5. Laws, regulations, measures, rules, standards and recommended practices
and procedures referred to in paragraphs 1, 2 and 4 shall include those
designed to minimize, to the fullest extent possible, the release of toxic,
harmful or noxious substances, especially those which are persistent, into
the marine environment.
Article 208
Pollution from seabed activities subject to national jurisdiction
1 Coastal States shall adopt laws and regulations to prevent, reduce
and control pollution of the marine environment arising from or in connection
with seabed activities subject to their jurisdiction and from artificial
islands, installations and structures under their jurisdiction, pursuant
to articles 60 and 80.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. Such laws, regulations and measures shall be no less effective than
international rules, standards and recommended practices and procedures.
4. States shall endeavour to harmonize their policies in this connection
at the appropriate regional level.
5. States, acting especially through competent international organizations
or diplomatic conference, shall establish global and regional rules, standards
and recommended practices and procedures to prevent, reduce and control
pollution of the marine environment referred to in paragraph l. Such rules,
standards and recommended practices and procedures shall be re-examined
from time to time as necessary.
Article 209
Pollution from activities in the Area
1. International rules, regulations and procedures shall be established
in accordance with Part XI to prevent, reduce and control pollution of
the marine environment from activities in the Area. Such rules, regulations
and procedures shall be re-examined from time to time as necessary.
2. Subject to the relevant provisions of this section, States shall
adopt laws and regulations to prevent, reduce and control pollution of
the marine environment from activities in the Area undertaken by vessels,
installations, structures and other devices flying their flag or of their
registry or operating under their authority, as the case may be. The requirements
of such laws and regulations shall be no less effective than the international
rules, regulations and procedures referred to in paragraph 1.
Article 210
Pollution by dumping
1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment by dumping.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. Such laws, regulations and measures shall ensure that dumping is
not carried out without the permission of the competent authorities of
States.
4. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent, reduce
and control such pollution. Such rules, standards and recommended practices
and procedures shall be re-examined from time to time as necessary.
5. Dumping within the territorial sea and the exclusive economic zone
or onto the continental shelf shall not be carried out without the express
prior approval of the coastal State, which has the right to permit, regulate
and control such dumping after due consideration of the matter with other
States which by reason of their geographical situation may be adversely
affected thereby.
6. National laws, regulations and measures shall be no less effective
in preventing, reducing and controlling such pollution than the global
rules and standards.
Article 211
Pollution from vessels
1. States, acting through the competent international organization or
general diplomatic conference, shall establish international rules and
standards to prevent, reduce and control pollution of the marine environment
from vessels and promote the adoption, in the same manner, wherever appropriate,
of routeing systems designed to minimize the threat of accidents which
might cause pollution of the marine environment, including the coastline,
and pollution damage to the related interests of coastal States. Such rules
and standards shall, in the same manner, be re-examined from time to time
as necessary.
2. States shall adopt laws and regulations for the prevention, reduction
and control of pollution of the marine environment from vessels flying
their flag or of their registry. Such laws and regulations shall at least
have the same effect as that of generally accepted international rules
and standards established through the competent international organization
or general diplomatic conference.
3. States which establish particular requirements for the prevention,
reduction and control of pollution of the marine environment as a condition
for the entry of foreign vessels into their ports or internal waters or
for a call at their off-shore terminals shall give due publicity to such
requirements and shall communicate them to the competent international
organization. Whenever such requirements are established in identical form
by two or more coastal States in an endeavour to harmonize policy, the
communication shall indicate which States are participating in such cooperative
arrangements. Every State shall require the master of a vessel flying its
flag or of its registry, when navigating within the territorial sea of
a State participating in such cooperative arrangements, to furnish, upon
the request of that State, information as to whether it is proceeding to
a State of the same region participating in such cooperative arrangements
and, if so, to indicate whether it complies with the port entry requirements
of that State. This article is without prejudice to the continued exercise
by a vessel of its right of innocent passage or to the application of article
25, paragraph 2.
4. Coastal States may, in the exercise of their sovereignty within their
territorial sea, adopt laws and regulations for the prevention, reduction
and control of marine pollution from foreign vessels, including vessels
exercising the right of innocent passage. Such laws and regulations shall,
in accordance with Part II, section 3, not hamper innocent passage of foreign
vessels.
5. Coastal States, for the purpose of enforcement as provided for in
section 6, may in respect of their exclusive economic zones adopt laws
and regulations for the prevention, reduction and control of pollution
from vessels conforming to and giving effect to generally accepted international
rules and standards established through the competent international organization
or general diplomatic conference.
6. (a) Where the international rules and standards referred to in
paragraph 1 are inadequate to meet special circumstances and coastal States
have reasonable grounds for believing that a particular, clearly defined
area of their respective exclusive economic zones is an area where the
adoption of special mandatory measures for the prevention of pollution
from vessels is required for recognized technical reasons in relation to
its oceanographical and ecological conditions, as well as its utilization
or the protection of its resources and the particular character of its
traffic, the coastal States, after appropriate consultations through the
competent international organization with any other States concerned, may,
for that area, direct a communication to that organization, submitting
scientific and technical evidence in support and information on necessary
reception facilities. Within 12 months after receiving such a communication,
the organization shall determine whether the conditions in that area correspond
to the requirements set out above. If the organization so determines, the
coastal States may, for that area, adopt laws and regulations for the prevention,
reduction and control of pollution from vessels implementing such international
rules and standards or navigational practices as are made applicable, through
the organization, for special areas. These laws and regulations shall not
become applicable to foreign vessels until 15 months after the submission
of the communication to the organization.
(b) The coastal States shall publish the limits of any such particular,
clearly defined area.
(c) If the coastal States intend to adopt additional laws and regulations
for the same area for the prevention, reduction and control of pollution
from vessels, they shall, when submitting the aforesaid communication,
at the same time notify the organization thereof. Such additional laws
and regulations may relate to discharges or navigational practices but
shall not require foreign vessels to observe design, construction, manning
or equipment standards other than generally accepted international rules
and standards; they shall become applicable to foreign vessels 15 months
after the submission of the communication to the organization, provided
that the organization agrees within 12 months after the submission of the
communication.
7. The international rules and standards referred to in this article should
include inter alia those relating to prompt notification to coastal
States, whose coastline or related interests may be affected by incidents,
including maritime casualties, which involve discharges or probability
of discharges.
Article 212
Pollution from or through the atmosphere
1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment from or through the atmosphere, applicable
to the air space under their sovereignty and to vessels flying their flag
or vessels or aircraft of their registry, taking into account internationally
agreed rules, standards and recommended practices and procedures and the
safety of air navigation.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent, reduce
and control such pollution.
SECTION 6. ENFORCEMENT
Article 213
Enforcement with respect to pollution from land-based sources
States shall enforce their laws and regulations adopted in accordance
with article 207 and shall adopt laws and regulations and take other measures
necessary to implement applicable international rules and standards established
through competent international organizations or diplomatic conference
to prevent, reduce and control pollution of the marine environment from
land-based sources.
Article 214
Enforcement with respect to pollution from seabed activities
States shall enforce their laws and regulations adopted in accordance
with article 208 and shall adopt laws and regulations and take other measures
necessary to implement applicable international rules and standards established
through competent international organizations or diplomatic conference
to prevent, reduce and control pollution of the marine environment arising
from or in connection with seabed activities subject to their jurisdiction
and from artificial islands, installations and structures under their jurisdiction,
pursuant to articles 60 and 80.
Article 215
Enforcement with respect to pollution from activities in the Area
Enforcement of international rules, regulations and procedures established
in accordance with Part XI to prevent, reduce and control pollution of
the marine environment from activities in the Area shall be governed by
that Part.
Article 216
Enforcement with respect to pollution by dumping
1. Laws and regulations adopted in accordance with this Convention and
applicable international rules and standards established through competent
international organizations or diplomatic conference for the prevention,
reduction and control of pollution of the marine environment by dumping
shall be enforced:
(a) by the coastal State with regard to dumping within its territorial
sea or its exclusive economic zone or onto its continental shelf;
(b) by the flag State with regard to vessels flying its flag or vessels
or aircraft of its registry;
(c) by any State with regard to acts of loading of wastes or other matter
occurring within its territory or at its off-shore terminals.
2. No State shall be obliged by virtue of this article to institute proceedings
when another State has already instituted proceedings in accordance with
this article.
Article 217
Enforcement by flag States
1. States shall ensure compliance by vessels flying their flag or of
their registry with applicable international rules and standards, established
through the competent international organization or general diplomatic
conference, and with their laws and regulations adopted in accordance with
this Convention for the prevention, reduction and control of pollution
of the marine environment from vessels and shall accordingly adopt laws
and regulations and take other measures necessary for their implementation.
Flag States shall provide for the effective enforcement of such rules,
standards, laws and regulations, irrespective of where a violation occurs.
2. States shall, in particular, take appropriate measures in order to
ensure that vessels flying their flag or of their registry are prohibited
from sailing, until they can proceed to sea in compliance with the requirements
of the international rules and standards referred to in paragraph 1, including
requirements in respect of design, construction, equipment and manning
of vessels.
3. States shall ensure that vessels flying their flag or of their registry
carry on board certificates required by and issued pursuant to international
rules and standards referred to in paragraph 1. States shall ensure that
vessels flying their flag are periodically inspected in order to verify
that such certificates are in conformity with the actual condition of the
vessels. These certificates shall be accepted by other States as evidence
of the condition of the vessels and shall be regarded as having the same
force as certificates issued by them, unless there are clear grounds for
believing that the condition of the vessel does not correspond substantially
with the particulars of the certificates.
4. If a vessel commits a violation of rules and standards established
through the competent international organization or general diplomatic
conference, the flag State, without prejudice to articles 218, 220 and
228, shall provide for immediate investigation and where appropriate institute
proceedings in respect of the alleged violation irrespective of where the
violation occurred or where the pollution caused by such violation has
occurred or has been spotted.
5. Flag States conducting an investigation of the violation may request
the assistance of any other State whose cooperation could be useful in
clarifying the circumstances of the case. States shall endeavour to meet
appropriate requests of flag States.
6. States shall, at the written request of any State, investigate any
violation alleged to have been committed by vessels flying their flag.
If satisfied that sufficient evidence is available to enable proceedings
to be brought in respect of the alleged violation, flag States shall without
delay institute such proceedings in accordance with their laws.
7. Flag States shall promptly inform the requesting State and the competent
international organization of the action taken and its outcome. Such information
shall be available to all States.
8. Penalties provided for by the laws and regulations of States for
vessels flying their flag shall be adequate in severity to discourage violations
wherever they occur.
Article 218
Enforcement by port States
1. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State may undertake investigations and, where the evidence
so warrants, institute proceedings in respect of any discharge from that
vessel outside the internal waters, territorial sea or exclusive economic
zone of that State in violation of applicable international rules and standards
established through the competent international organization or general
diplomatic conference.
2. No proceedings pursuant to paragraph 1 shall be instituted in respect
of a discharge violation in the internal waters, territorial sea or exclusive
economic zone of another State unless requested by that State, the flag
State, or a State damaged or threatened by the discharge violation, or
unless the violation has caused or is likely to cause pollution in the
internal waters, territorial sea or exclusive economic zone of the State
instituting the proceedings.
3. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State shall, as far as practicable, comply with requests
from any State for investigation of a discharge violation referred to in
paragraph 1, believed to have occurred in, caused, or threatened damage
to the internal waters, territorial sea or exclusive economic zone of the
requesting State. It shall likewise, as far as practicable, comply with
requests from the flag State for investigation of such a violation, irrespective
of where the violation occurred.
4. The records of the investigation carried out by a port State pursuant
to this article shall be transmitted upon request to the flag State or
to the coastal State. Any proceedings instituted by the port State on the
basis of such an investigation may, subject to section 7, be suspended
at the request of the coastal State when the violation has occurred within
its internal waters, territorial sea or exclusive economic zone. The evidence
and records of the case, together with any bond or other financial security
posted with the authorities of the port State, shall in that event be transmitted
to the coastal State. Such transmittal shall preclude the continuation
of proceedings in the port State.
Article 219
Measures relating to seaworthiness of vessels to avoid pollution
Subject to section 7, States which, upon request or on their own initiative,
have ascertained that a vessel within one of their ports or at one of their
off-shore terminals is in violation of applicable international rules and
standards relating to seaworthiness of vessels and thereby threatens damage
to the marine environment shall, as far as practicable, take administrative
measures to prevent the vessel from sailing. Such States may permit the
vessel to proceed only to the nearest appropriate repair yard and, upon
removal of the causes of the violation, shall permit the vessel to continue
immediately.
Article 220
Enforcement by coastal States
1. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State may, subject to section 7, institute proceedings
in respect of any violation of its laws and regulations adopted in accordance
with this Convention or applicable international rules and standards for
the prevention, reduction and control of pollution from vessels when the
violation has occurred within the territorial sea or the exclusive economic
zone of that State.
2. Where there are clear grounds for believing that a vessel navigating
in the territorial sea of a State has, during its passage therein, violated
laws and regulations of that State adopted in accordance with this Convention
or applicable international rules and standards for the prevention, reduction
and control of pollution from vessels, that State, without prejudice to
the application of the relevant provisions of Part II, section 3, may undertake
physical inspection of the vessel relating to the violation and may, where
the evidence so warrants, institute proceedings, including detention of
the vessel, in accordance with its laws, subject to the provisions of section
7.
3. Where there are clear grounds for believing that a vessel navigating
in the exclusive economic zone or the territorial sea of a State has, in
the exclusive economic zone, committed a violation of applicable international
rules and standards for the prevention, reduction and control of pollution
from vessels or laws and regulations of that State conforming and giving
effect to such rules and standards, that State may require the vessel to
give information regarding its identity and port of registry, its last
and its next port of call and other relevant information required to establish
whether a violation has occurred.
4. States shall adopt laws and regulations and take other measures so
that vessels flying their flag comply with requests for information pursuant
to paragraph 3.
5. Where there are clear grounds for believing that a vessel navigating
in the exclusive economic zone or the territorial sea of a State has, in
the exclusive economic zone, committed a violation referred to in paragraph
3 resulting in a substantial discharge causing or threatening significant
pollution of the marine environment, that State may undertake physical
inspection of the vessel for matters relating to the violation if the vessel
has refused to give information or if the information supplied by the vessel
is manifestly at variance with the evident factual situation and if the
circumstances of the case justify such inspection.
6. Where there is clear objective evidence that a vessel navigating
in the exclusive economic zone or the territorial sea of a State has, in
the exclusive economic zone, committed a violation referred to in paragraph
3 resulting in a discharge causing major damage or threat of major damage
to the coastline or related interests of the coastal State, or to any resources
of its territorial sea or exclusive economic zone, that State may, subject
to section 7, provided that the evidence so warrants, institute proceedings,
including detention of the vessel, in accordance with its laws.
7. Notwithstanding the provisions of paragraph 6, whenever appropriate
procedures have been established, either through the competent international
organization or as otherwise agreed, whereby compliance with requirements
for bonding or other appropriate financial security has been assured, the
coastal State if bound by such procedures shall allow the vessel to proceed.
8. The provisions of paragraphs 3, 4, 5, 6and 7 also apply in respect
of national laws and regulations adopted pursuant to article 211, paragraph
6.
Article 221
Measures to avoid pollution arising from maritime casualties
1. Nothing in this Part shall prejudice the right of States, pursuant
to international law, both customary and conventional, to take and enforce
measures beyond the territorial sea proportionate to the actual or threatened
damage to protect their coastline or related interests, including fishing,
from pollution or threat of pollution following upon a maritime casualty
or acts relating to such a casualty, which may reasonably be expected to
result in major harmful consequences.
2. For the purposes of this article, "maritime casualty" means a collision
of vessels, stranding or other incident of navigation, or other occurrence
on board a vessel or external to it resulting in material damage or imminent
threat of material damage to a vessel or cargo.
Article 222
Enforcement with respect to pollution from or through the atmosphere
States shall enforce, within the air space under their sovereignty or
with regard to vessels flying their flag or vessels or aircraft of their
registry, their laws and regulations adopted in accordance with article
212, paragraph 1, and with other provisions of this Convention and shall
adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent
international organizations or diplomatic conference to prevent, reduce
and control pollution of the marine environment from or through the atmosphere,
in conformity with all relevant international rules and standards concerning
the safety of air navigation.
SECTION 7. SAFEGUARDS
Article 223
Measures to facilitate proceedings
In proceedings instituted pursuant to this Part, States shall take measures
to facilitate the hearing of witnesses and the admission of evidence submitted
by authorities of another State, or by the competent international organization,
and shall facilitate the attendance at such proceedings of official representatives
of the competent international organization, the flag State and any State
affected by pollution arising out of any violation. The official representatives
attending such proceedings shall have such rights and duties as may be
provided under national laws and regulations or international law.
Article 224
Exercise of powers of enforcement
The powers of enforcement against foreign vessels under this Part may
only be exercised by officials or by warships, military aircraft, or other
ships or aircraft clearly marked and identifiable as being on government
service and authorized to that effect.
Article 225
Duty to avoid adverse consequences
in the exercise of the powers of enforcement
In the exercise under this Convention of their powers of enforcement
against foreign vessels, States shall not endanger the safety of navigation
or otherwise create any hazard to a vessel, or bring it to an unsafe port
or anchorage, or expose the marine environment to an unreasonable risk.
Article 226
Investigation of foreign vessels
1. (a) States shall not delay a foreign vessel longer than is essential
for purposes of the investigations provided for in articles 216, 218 and
220. Any physical inspection of a foreign vessel shall be limited to an
examination of such certificates, records or other documents as the vessel
is required to carry by generally accepted international rules and standards
or of any similar documents which it is carrying; further physical inspection
of the vessel may be undertaken only after such an examination and only
when:
(i) there are clear grounds for believing that the condition of the
vessel or its equipment does not correspond substantially with the particulars
of those documents;
(ii) the contents of such documents are not sufficient to confirm or
verify a suspected violation; or
(iii) the vessel is not carrying valid certificates and records.
(b) If the investigation indicates a violation of applicable laws
and regulations or international rules and standards for the protection
and preservation of the marine environment, release shall be made promptly
subject to reasonable procedures such as bonding or other appropriate financial
security.
(c) Without prejudice to applicable international rules and standards
relating to the seaworthiness of vessels, the release of a vessel may,
whenever it would present an unreasonable threat of damage to the marine
environment, be refused or made conditional upon proceeding to the nearest
appropriate repair yard. Where release has been refused or made conditional,
the flag State of the vessel must be promptly notified, and may seek release
of the vessel in accordance with Part XV.
2. States shall cooperate to develop procedures for the avoidance of unnecessary
physical inspection of vessels at sea.
Article 227
Non-discrimination with respect to foreign vessels
In exercising their rights and performing their duties under this Part,
States shall not discriminate in form or in fact against vessels of any
other State.
Article 228
Suspension and restrictions on institution of proceedings
1. Proceedings to impose penalties in respect of any violation of applicable
laws and regulations or international rules and standards relating to the
prevention, reduction and control of pollution from vessels committed by
a foreign vessel beyond the territorial sea of the State instituting proceedings
shall be suspended upon the taking of proceedings to impose penalties in
respect of corresponding charges by the flag State within six months of
the date on which proceedings were first instituted, unless those proceedings
relate to a case of major damage to the coastal State or the flag State
in question has repeatedly disregarded its obligation to enforce effectively
the applicable international rules and standards in respect of violations
committed by its vessels. The flag State shall in due course make available
to the State previously instituting proceedings a full dossier of the case
and the records of the proceedings, whenever the flag State has requested
the suspension of proceedings in accordance with this article. When proceedings
instituted by the flag State have been brought to a conclusion, the suspended
proceedings shall be terminated. Upon payment of costs incurred in respect
of such proceedings, any bond posted or other financial security provided
in connection with the suspended proceedings shall be released by the coastal
State.
2. Proceedings to impose penalties on foreign vessels shall not be instituted
after the expiry of three years from the date on which the violation was
committed, and shall not be taken by any State in the event of proceedings
having been instituted by another State subject to the provisions set out
in paragraph 1.
3. The provisions of this article are without prejudice to the right
of the flag State to take any measures, including proceedings to impose
penalties, according to its laws irrespective of prior proceedings by another
State.
Article 229
Institution of civil proceedings
Nothing in this Convention affects the institution of civil proceedings
in respect of any claim for loss or damage resulting from pollution of
the marine environment.
Article 230
Monetary penalties and the observance of recognized rights of the
accused
1. Monetary penalties only may be imposed with respect to violations
of national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels beyond the territorial
sea.
2. Monetary penalties only may be imposed with respect to violations
of national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels in the territorial sea,
except in the case of a wilful and serious act of pollution in the territorial
sea.
3. In the conduct of proceedings in respect of such violations committed
by a foreign vessel which may result in the imposition of penalties, recognized
rights of the accused shall be observed.
Article 231
Notification to the flag State and other States concerned
States shall promptly notify the flag State and any other State concerned
of any measures taken pursuant to section 6 against foreign vessels, and
shall submit to the flag State all official reports concerning such measures.
However, with respect to violations committed in the territorial sea, the
foregoing obligations of the coastal State apply only to such measures
as are taken in proceedings. The diplomatic agents or consular officers
and where possible the maritime authority of the flag State, shall be immediately
informed of any such measures taken pursuant to section 6 against foreign
vessels.
Article 232
Liability of States arising from enforcement measures
States shall be liable for damage or loss attributable to them arising
from measures taken pursuant to section 6 when such measures are unlawful
or exceed those reasonably required in the light of available information.
States shall provide for recourse in their courts for actions in respect
of such damage or loss.
Article 233
Safeguards with respect to straits used for international navigation
Nothing in sections 5, 6 and 7 affects the legal regime of straits used
for international navigation. However, if a foreign ship other than those
referred to in section 10 has committed a violation of the laws and regulations
referred to in article 42, paragraph 1(a) and (b), causing or threatening
major damage to the marine environment of the straits, the States bordering
the straits may take appropriate enforcement measures and if so shall respect
mutatis
mutandis the provisions of this section.
SECTION 8. ICE-COVERED AREAS
Article 234
Ice-covered areas
Coastal States have the right to adopt and enforce non-discriminatory
laws and regulations for the prevention, reduction and control of marine
pollution from vessels in ice-covered areas within the limits of the exclusive
economic zone, where particularly severe climatic conditions and the presence
of ice covering such areas for most of the year create obstructions or
exceptional hazards to navigation, and pollution of the marine environment
could cause major harm to or irreversible disturbance of the ecological
balance. Such laws and regulations shall have due regard to navigation
and the protection and preservation of the marine environment based on
the best available scientific evidence.
SECTION 9. RESPONSIBILITY AND LIABILITY
Article 235
Responsibility and liability
1. States are responsible for the fulfilment of their international
obligations concerning the protection and preservation of the marine environment.
They shall be liable in accordance with international law.
2. States shall ensure that recourse is available in accordance with
their legal systems for prompt and adequate compensation or other relief
in respect of damage caused by pollution of the marine environment by natural
or juridical persons under their jurisdiction.
3. With the objective of assuring prompt and adequate compensation in
respect of all damage caused by pollution of the marine environment, States
shall cooperate in the implementation of existing international law and
the further development of international law relating to responsibility
and liability for the assessment of and compensation for damage and the
settlement of related disputes, as well as, where appropriate, development
of criteria and procedures for payment of adequate compensation, such as
compulsory insurance or compensation funds.
SECTION 10. SOVEREIGN IMMUNITY
Article 236
Sovereign immunity
The provisions of this Convention regarding the protection and preservation
of the marine environment do not apply to any warship, naval auxiliary,
other vessels or aircraft owned or operated by a State and used, for the
time being, only on government non-commercial service. However, each State
shall ensure, by the adoption of appropriate measures not impairing operations
or operational capabilities of such vessels or aircraft owned or operated
by it, that such vessels or aircraft act in a manner consistent, so far
as is reasonable and practicable, with this Convention.
SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS
ON THE PROTECTION AND PRESERVATION
OF THE MARINE ENVIRONMENT
Article 237
Obligations under other conventions on the
protection and preservation of the marine environment
1. The provisions of this Part are without prejudice to the specific
obligations assumed by States under special conventions and agreements
concluded previously which relate to the protection and preservation of
the marine environment and to agreements which may be concluded in furtherance
of the general principles set forth in this Convention.
2. Specific obligations assumed by States under special conventions,
with respect to the protection and preservation of the marine environment,
should be carried out in a manner consistent with the general principles
and objectives of this Convention.
PART XIII
MARINE SCIENTIFIC RESEARCH
SECTION 1. GENERAL PROVISIONS
Article 238
Right to conduct marine scientific research
All States, irrespective of their geographical location, and competent
international organizations have the right to conduct marine scientific
research subject to the rights and duties of other States as provided for
in this Convention.
Article 239
Promotion of marine scientific research
States and competent international organizations shall promote and facilitate
the development and conduct of marine scientific research in accordance
with this Convention.
Article 240
General principles for the conduct of marine scientific research
In the conduct of marine scientific research the following principles
shall apply:
(a) marine scientific research shall be conducted exclusively for
peaceful purposes;
(b) marine scientific research shall be conducted with appropriate scientific
methods and means compatible with this Convention;
(c) marine scientific research shall not unjustifiably interfere with
other legitimate uses of the sea compatible with this Convention and shall
be duly respected in the course of such uses;
(d) marine scientific research shall be conducted in compliance with
all relevant regulations adopted in conformity with this Convention including
those for the protection and preservation of the marine environment.
Article 241
Non-recognition of marine scientific research activities
as the legal basis for claims
Marine scientific research activities shall not constitute the legal
basis for any claim to any part of the marine environment or its resources.
SECTION 2. INTERNATIONAL COOPERATION
Article 242
Promotion of international cooperation
1. States and competent international organizations shall, in accordance
with the principle of respect for sovereignty and jurisdiction and on the
basis of mutual benefit, promote international cooperation in marine scientific
research for peaceful purposes.
2. In this context, without prejudice to the rights and duties of States
under this Convention, a State, in the application of this Part, shall
provide, as appropriate, other States with a reasonable opportunity to
obtain from it, or with its cooperation, information necessary to prevent
and control damage to the health and safety of persons and to the marine
environment.
Article 243
Creation of favourable conditions
States and competent international organizations shall cooperate, through
the conclusion of bilateral and multilateral agreements, to create favourable
conditions for the conduct of marine scientific research in the marine
environment and to integrate the efforts of scientists in studying the
essence of phenomena and processes occurring in the marine environment
and the interrelations between them.
Article 244
Publication and dissemination of information and knowledge
1. States and competent international organizations shall, in accordance
with this Convention, make available by publication and dissemination through
appropriate channels information on proposed major programmes and their
objectives as well as knowledge resulting from marine scientific research.
2. For this purpose, States, both individually and in cooperation with
other States and with competent international organizations, shall actively
promote the flow of scientific data and information and the transfer of
knowledge resulting from marine scientific research, especially to developing
States, as well as the strengthening of the autonomous marine scientific
research capabilities of developing States through, inter alia,
programmes to provide adequate education and training of their technical
and scientific personnel.
SECTION 3. CONDUCT AND PROMOTION OF
MARINE SCIENTIFIC RESEARCH
Article 245
Marine scientific research in the territorial sea
Coastal States, in the exercise of their sovereignty, have the exclusive
right to regulate, authorize and conduct marine scientific research in
their territorial sea. Marine scientific research therein shall be conducted
only with the express consent of and under the conditions set forth by
the coastal State.
Article 246
Marine scientific research in the exclusive economic zone
and on the continental shelf
1. Coastal States, in the exercise of their jurisdiction, have the right
to regulate, authorize and conduct marine scientific research in their
exclusive economic zone and on their continental shelf in accordance with
the relevant provisions of this Convention.
2. Marine scientific research in the exclusive economic zone and on
the continental shelf shall be conducted with the consent of the coastal
State.
3. Coastal States shall, in normal circumstances, grant their consent
for marine scientific research projects by other States or competent international
organizations in their exclusive economic zone or on their continental
shelf to be carried out in accordance with this Convention exclusively
for peaceful purposes and in order to increase scientific knowledge of
the marine environment for the benefit of all mankind. To this end, coastal
States shall establish rules and procedures ensuring that such consent
will not be delayed or denied unreasonably.
4. For the purposes of applying paragraph 3, normal circumstances may
exist in spite of the absence of diplomatic relations between the coastal
State and the researching State.
5. Coastal States may however in their discretion withhold 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 exercise of their sovereign rights and jurisdiction provided
for in this Convention.
Article 247
Marine scientific research projects undertaken
by or under the auspices of international organizations
A coastal State which is a member of or has a bilateral agreement with
an international organization, and in whose exclusive economic zone or
on whose continental shelf that organization wants to carry out a marine
scientific research project, directly or under its auspices, shall be deemed
to have authorized the project to be carried out in conformity with the
agreed specifications if that State approved the detailed project when
the decision was made by the organization for the undertaking of the project,
or is willing to participate in it, and has not expressed any objection
within four months of notification of the project by the organization to
the coastal State.
Article 248
Duty to provide information to the coastal State
States and competent international organizations which intend to undertake
marine scientific research in the exclusive economic zone or on the continental
shelf of a coastal State shall, not less than six months in advance of
the expected starting date of the marine scientific research project, provide
that State with a full description of:
(a) the nature and objectives of the project;
(b) the method and means to be used, including name, tonnage, type and
class of vessels and a description of scientific equipment;
(c) the precise geographical areas in which the project is to be conducted;
(d) the expected date of first appearance and final departure of the
research vessels, or deployment of the equipment and its removal, as appropriate;
(e) the name of the sponsoring institution, its director, and the person
in charge of the project; and
(f) the extent to which it is considered that the coastal State should
be able to participate or to be represented in the project.
Article 249
Duty to comply with certain conditions
1. States and competent international organizations when undertaking
marine scientific research in the exclusive economic zone or on the continental
shelf of a coastal State shall comply with the following conditions:
(a) ensure the right of the coastal State, if it so desires, to participate
or be represented in the marine scientific research project, especially
on board research vessels and other craft or scientific research installations,
when practicable, without payment of any remuneration to the scientists
of the coastal State and without obligation to contribute towards the costs
of the project;
(b) provide the coastal State, at its request, with preliminary reports,
as soon as practicable, and with the final results and conclusions after
the completion of the research;
(c) undertake to provide access for the coastal State, at its request,
to all data and samples derived from the marine scientific research project
and likewise to furnish it with data which may be copied and samples which
may be divided without detriment to their scientific value;
(d) if requested, provide the coastal State with an assessment of such
data, samples and research results or provide assistance in their assessment
or interpretation;
(e) ensure, subject to paragraph 2, that the research results are made
internationally available through appropriate national or international
channels, as soon as practicable;
(f) inform the coastal State immediately of any major change in the
research programme;
(g) unless otherwise agreed, remove the scientific research installations
or equipment once the research is completed.
2. This article is without prejudice to the conditions established by the
laws and regulations of the coastal State for the exercise of its discretion
to grant or withhold consent pursuant to article 246, paragraph 5, including
requiring prior agreement for making internationally available the research
results of a project of direct significance for the exploration and exploitation
of natural resources.
Article 250
Communications concerning marine scientific research projects
Communications concerning the marine scientific research projects shall
be made through appropriate official channels, unless otherwise agreed.
Article 251
General criteria and guidelines
States shall seek to promote through competent international organizations
the establishment of general criteria and guidelines to assist States in
ascertaining the nature and implications of marine scientific research.
Article 252
Implied consent
States or competent international organizations may proceed with a marine
scientific research project six months after the date upon which the information
required pursuant to article 248 was provided to the coastal State unless
within four months of the receipt of the communication containing such
information the coastal State has informed the State or organization conducting
the research that:
(a) it has withheld its consent under the provisions of article 246;
or
(b) the information given by that State or competent international organization
regarding the nature or objectives of the project does not conform to the
manifestly evident facts; or
(c) it requires supplementary information relevant to conditions and
the information provided for under articles 248 and 249; or
(d) outstanding obligations exist with respect to a previous marine
scientific research project carried out by that State or organization,
with regard to conditions established in article 249.
Article 253
Suspension or cessation of marine scientific research activities
1. A coastal State shall have the right to require the suspension of
any marine scientific research activities in progress within its exclusive
economic zone or on its continental shelf if:
(a) the research activities are not being conducted in accordance
with the information communicated as provided under article 248 upon which
the consent of the coastal State was based; or
(b) the State or competent international organization conducting the
research activities fails to comply with the provisions of article 249
concerning the rights of the coastal State with respect to the marine scientific
research project.
2. A coastal State shall have the right to require the cessation of any
marine scientific research activities in case of any non-compliance with
the provisions of article 248 which amounts to a major change in the research
project or the research activities.
3. A coastal State may also require cessation of marine scientific research
activities if any of the situations contemplated in paragraph 1 are not
rectified within a reasonable period of time.
4. Following notification by the coastal State of its decision to order
suspension or cessation, States or competent international organizations
authorized to conduct marine scientific research activities shall terminate
the research activities that are the subject of such a notification.
5. An order of suspension under paragraph 1 shall be lifted by the coastal
State and the marine scientific research activities allowed to continue
once the researching State or competent international organization has
complied with the conditions required under articles 248 and 249.
Article 254
Rights of neighbouring land-locked
and geographically disadvantaged States
1. States and competent international organizations which have submitted
to a coastal State a project to undertake marine scientific research referred
to in article 246, paragraph 3, shall give notice to the neighbouring land-locked
and geographically disadvantaged States of the proposed research project,
and shall notify the coastal State thereof.
2. After the consent has been given for the proposed marine scientific
research project by the coastal State concerned, in accordance with article
246 and other relevant provisions of this Convention, States and competent
international organizations undertaking such a project shall provide to
the neighbouring land-locked and geographically disadvantaged States, at
their request and when appropriate, relevant information as specified in
article 248 and article 249, paragraph 1(f).
3. The neighbouring land-locked and geographically disadvantaged States
referred to above shall, at their request, be given the opportunity to
participate, whenever feasible, in the proposed marine scientific research
project through qualified experts appointed by them and not objected to
by the coastal State, in accordance with the conditions agreed for the
project, in conformity with the provisions of this Convention, between
the coastal State concerned and the State or competent international organizations
conducting the marine scientific research.
4. States and competent international organizations referred to in paragraph
1 shall provide to the above-mentioned land-locked and geographically disadvantaged
States, at their request, the information and assistance specified in article
249, paragraph 1(d), subject to the provisions of article 249, paragraph
2.
Article 255
Measures to facilitate marine scientific research
and assist research vessels
States shall endeavour to adopt reasonable rules, regulations and procedures
to promote and facilitate marine scientific research conducted in accordance
with this Convention beyond their territorial sea and, as appropriate,
to facilitate, subject to the provisions of their laws and regulations,
access to their harbours and promote assistance for marine scientific research
vessels which comply with the relevant provisions of this Part.
Article 256
Marine scientific research in the Area
All States, irrespective of their geographical location, and competent
international organizations have the right, in conformity with the provisions
of Part XI, to conduct marine scientific research in the Area.
Article 257
Marine scientific research in the water column
beyond the exclusive economic zone
All States, irrespective of their geographical location, and competent
international organizations have the right, in conformity with this Convention,
to conduct marine scientific research in the water column beyond the limits
of the exclusive economic zone.
SECTION 4. SCIENTIFIC RESEARCH INSTALLATIONS OR EQUIPMENT IN THE
MARINE ENVIRONMENT
Article 258
Deployment and use
The deployment and use of any type of scientific research installations
or equipment in any area of the marine environment shall be subject to
the same conditions as are prescribed in this Convention for the conduct
of marine scientific research in any such area.
Article 259
Legal status
The installations or equipment referred to in this section do not possess
the status of islands. They have no territorial sea of their own, and their
presence does not affect the delimitation of the territorial sea, the exclusive
economic zone or the continental shelf.
Article 260
Safety zones
Safety zones of a reasonable breadth not exceeding a distance of 500
metres may be created around scientific research installations in accordance
with the relevant provisions of this Convention. All States shall ensure
that such safety zones are respected by their vessels.
Article 261
Non-interference with shipping routes
The deployment and use of any type of scientific research installations
or equipment shall not constitute an obstacle to established international
shipping routes.
Article 262
Identification markings and warning signals
Installations or equipment referred to in this section shall bear identification
markings indicating the State of registry or the international organization
to which they belong and shall have adequate internationally agreed warning
signals to ensure safety at sea and the safety of air navigation, taking
into account rules and standards established by competent international
organizations.
SECTION 5. RESPONSIBILITY AND LIABILITY
Article 263
Responsibility and liability
1. States and competent international organizations shall be responsible
for ensuring that marine scientific research, whether undertaken by them
or on their behalf, is conducted in accordance with this Convention.
2. States and competent international organizations shall be responsible
and liable for the measures they take in contravention of this Convention
in respect of marine scientific research conducted by other States, their
natural or juridical persons or by competent international organizations,
and shall provide compensation for damage resulting from such measures.
3. States and competent international organizations shall be responsible
and liable pursuant to article 235 for damage caused by pollution of the
marine environment arising out of marine scientific research undertaken
by them or on their behalf.
SECTION 6. SETTLEMENT OF DISPUTES
AND INTERIM MEASURES
Article 264
Settlement of disputes
Disputes concerning the interpretation or application of the provisions
of this Convention with regard to marine scientific research shall be settled
in accordance with Part XV, sections 2 and 3.
Article 265
Interim measures
Pending settlement of a dispute in accordance with Part XV, sections
2 and 3, the State or competent international organization authorized to
conduct a marine scientific research project shall not allow research activities
to commence or continue without the express consent of the coastal State
concerned.
PART XIV
DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY
SECTION 1. GENERAL PROVISIONS
Article 266
Promotion of the development and transfer of marine technology
1. States, directly or through competent international organizations,
shall cooperate in accordance with their capabilities to promote actively
the development and transfer of marine science and marine technology on
fair and reasonable terms and conditions.
2. States shall promote the development of the marine scientific and
technological capacity of States which may need and request technical assistance
in this field, particularly developing States, including land-locked and
geographically disadvantaged States, with regard to the exploration, exploitation,
conservation and management of marine resources, the protection and preservation
of the marine environment, marine scientific research and other activities
in the marine environment compatible with this Convention, with a view
to accelerating the social and economic development of the developing States.
3. States shall endeavour to foster favourable economic and legal conditions
for the transfer of marine technology for the benefit of all parties concerned
on an equitable basis.
Article 267
Protection of legitimate interests
States, in promoting cooperation pursuant to article 266, shall have
due regard for all legitimate interests including, inter alia, the
rights and duties of holders, suppliers and recipients of marine technology.
Article 268
Basic objectives
States, directly or through competent international organizations, shall
promote:
(a) the acquisition, evaluation and dissemination of marine technological
knowledge and facilitate access to such information and data;
(b) the development of appropriate marine technology;
(c) the development of the necessary technological infrastructure to
facilitate the transfer of marine technology;
(d) the development of human resources through training and education
of nationals of developing States and countries and especially the nationals
of the least developed among them;
(e) international cooperation at all levels, particularly at the regional,
subregional and bilateral levels.
Article 269
Measures to achieve the basic objectives
In order to achieve the objectives referred to in article 268, States,
directly or through competent international organizations, shall endeavour,
inter alia, to:
(a) establish programmes of technical cooperation for the effective
transfer of all kinds of marine technology to States which may need and
request technical assistance in this field, particularly the developing
land-locked and geographically disadvantaged States, as well as other developing
States which have not been able either to establish or develop their own
technological capacity in marine science and in the exploration and exploitation
of marine resources or to develop the infrastructure of such technology;
(b) promote favourable conditions for the conclusion of agreements,
contracts and other similar arrangements, under equitable and reasonable
conditions;
(c) hold conferences, seminars and symposia on scientific and technological
subjects, in particular on policies and methods for the transfer of marine
technology;
(d) promote the exchange of scientists and of technological and other
experts;
(e) undertake projects and promote joint ventures and other forms of
bilateral and multilateral cooperation.
SECTION 2. INTERNATIONAL COOPERATION
Article 270
Ways and means of international cooperation
International cooperation for the development and transfer of marine
technology shall be carried out, where feasible and appropriate, through
existing bilateral, regional or multilateral programmes, and also through
expanded and new programmes in order to facilitate marine scientific research,
the transfer of marine technology, particularly in new fields, and appropriate
international funding for ocean research and development.
Article 271
Guidelines, criteria and standards
States, directly or through competent international organizations, shall
promote the establishment of generally accepted guidelines, criteria and
standards for the transfer of marine technology on a bilateral basis or
within the framework of international organizations and other fora, taking
into account, in particular, the interests and needs of developing States.
Article 272
Coordination of international programmes
In the field of transfer of marine technology, States shall endeavour
to ensure that competent international organizations coordinate their activities,
including any regional or global programmes, taking into account the interests
and needs of developing States, particularly land-locked and geographically
disadvantaged States.
Article 273
Cooperation with international organizations and the Authority
States shall cooperate actively with competent international organizations
and the Authority to encourage and facilitate the transfer to developing
States, their nationals and the Enterprise of skills and marine technology
with regard to activities in the Area.
Article 274
Objectives of the Authority
Subject to all legitimate interests including, inter alia, the
rights and duties of holders, suppliers and recipients of technology, the
Authority, with regard to activities in the Area, shall ensure that:
(a) on the basis of the principle of equitable geographical distribution,
nationals of developing States, whether coastal, land-locked or geographically
disadvantaged, shall be taken on for the purposes of training as members
of the managerial, research and technical staff constituted for its undertakings;
(b) the technical documentation on the relevant equipment, machinery,
devices and processes is made available to all States, in particular developing
States which may need and request technical assistance in this field;
(c) adequate provision is made by the Authority to facilitate the acquisition
of technical assistance in the field of marine technology by States which
may need and request it, in particular developing States, and the acquisition
by their nationals of the necessary skills and know-how, including professional
training;
(d) States which may need and request technical assistance in this
field, in particular developing States, are assisted in the acquisition
of necessary equipment, processes, plant and other technical know-how through
any financial arrangements provided for in this Convention.
SECTION 3. NATIONAL AND REGIONAL MARINE SCIENTIFIC AND TECHNOLOGICAL
CENTRES
Article 275
Establishment of national centres
1. States, directly or through competent international organizations
and the Authority, shall promote the establishment, particularly in developing
coastal States, of national marine scientific and technological research
centres and the strengthening of existing national centres, in order to
stimulate and advance the conduct of marine scientific research by developing
coastal States and to enhance their national capabilities to utilize and
preserve their marine resources for their economic benefit.
2. States, through competent international organizations and the Authority,
shall give adequate support to facilitate the establishment and strengthening
of such national centres so as to provide for advanced training facilities
and necessary equipment, skills and know-how as well as technical experts
to such States which may need and request such assistance.
Article 276
Establishment of regional centres
1. States, in coordination with the competent international organizations,
the Authority and national marine scientific and technological research
institutions, shall promote the establishment of regional marine scientific
and technological research centres, particularly in developing States,
in order to stimulate and advance the conduct of marine scientific research
by developing States and foster the transfer of marine technology.
2. All States of a region shall cooperate with the regional centres
therein to ensure the more effective achievement of their objectives.
Article 277
Functions of regional centres
The functions of such regional centres shall include, inter alia:
(a) training and educational programmes at all levels on various aspects
of marine scientific and technological research, particularly marine biology,
including conservation and management of living resources, oceanography,
hydrography, engineering, geological exploration of the seabed, mining
and desalination technologies;
(b) management studies;
(c) study programmes related to the protection and preservation of the
marine environment and the prevention, reduction and control of pollution;
(d) organization of regional conferences, seminars and symposia;
(e) acquisition and processing of marine scientific and technological
data and information;
(f) prompt dissemination of results of marine scientific and technological
research in readily available publications;
(g) publicizing national policies with regard to the transfer of marine
technology and systematic comparative study of those policies;
(h) compilation and systematization of information on the marketing
of technology and on contracts and other arrangements concerning patents;
(i) technical cooperation with other States of the region.
SECTION 4. COOPERATION AMONG INTERNATIONAL ORGANIZATIONS
Article 278
Cooperation among international organizations
The competent international organizations referred to in this Part and
in Part XIII shall take all appropriate measures to ensure, either directly
or in close cooperation among themselves, the effective discharge of their
functions and responsibilities under this Part.
PART XV
SETTLEMENT OF DISPUTES
SECTION 1. GENERAL PROVISIONS
Article 279
Obligation to settle disputes by peaceful means
States Parties shall settle any dispute between them concerning the
interpretation or application of this Convention by peaceful means in accordance
with Article 2, paragraph 3, of the Charter of the United Nations and,
to this end, shall seek a solution by the means indicated in Article 33,
paragraph 1, of the Charter.
Article 280
Settlement of disputes by any peaceful means chosen by the parties
Nothing in this Part impairs the right of any States Parties to agree
at any time to settle a dispute between them concerning the interpretation
or application of this Convention by any peaceful means of their own choice.
Article 281
Procedure where no settlement has been reached by the parties
1. If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed to seek settlement
of the dispute by a peaceful means of their own choice, the procedures
provided for in this Part apply only where no settlement has been reached
by recourse to such means and the agreement between the parties does not
exclude any further procedure.
2. If the parties have also agreed on a time-limit, paragraph 1 applies
only upon the expiration of that time-limit.
Article 282
Obligations under general, regional or bilateral agreements
If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed, through a
general, regional or bilateral agreement or otherwise, that such dispute
shall, at the request of any party to the dispute, be submitted to a procedure
that entails a binding decision, that procedure shall apply in lieu of
the procedures provided for in this Part, unless the parties to the dispute
otherwise agree.
Article 283
Obligation to exchange views
1. When a dispute arises between States Parties concerning the interpretation
or application of this Convention, the parties to the dispute shall proceed
expeditiously to an exchange of views regarding its settlement by negotiation
or other peaceful means.
2. The parties shall also proceed expeditiously to an exchange of views
where a procedure for the settlement of such a dispute has been terminated
without a settlement or where a settlement has been reached and the circumstances
require consultation regarding the manner of implementing the settlement.
Article 284
Conciliation
1. A State Party which is a party to a dispute concerning the interpretation
or application of this Convention may invite the other party or parties
to submit the dispute to conciliation in accordance with the procedure
under Annex V, section 1, or another conciliation procedure.
2. If the invitation is accepted and if the parties agree upon the conciliation
procedure to be applied, any party may submit the dispute to that procedure.
3. If the invitation is not accepted or the parties do not agree upon
the procedure, the conciliation proceedings shall be deemed to be terminated.
4. Unless the parties otherwise agree, when a dispute has been submitted
to conciliation, the proceedings may be terminated only in accordance with
the agreed conciliation procedure.
Article 285
Application of this section to disputes submitted pursuant to Part
XI
This section applies to any dispute which pursuant to Part XI, section
5, is to be settled in accordance with procedures provided for in this
Part. If an entity other than a State Party is a party to such a dispute,
this section applies mutatis mutandis.
SECTION 2. COMPULSORY PROCEDURES ENTAILING BINDING DECISIONS
Article 286
Application of procedures under this section
Subject to section 3, any dispute concerning the interpretation or application
of this Convention shall, where no settlement has been reached by recourse
to section 1, be submitted at the request of any party to the dispute to
the court or tribunal having jurisdiction under this section.
Article 287
Choice of procedure
1. When signing, ratifying or acceding to this Convention or at any
time thereafter, a State shall be free to choose, by means of a written
declaration, one or more of the following means for the settlement of disputes
concerning the interpretation or application of this Convention:
(a) the International Tribunal for the Law of the Sea established
in accordance with Annex VI;
(b) the International Court of Justice;
(c) an arbitral tribunal constituted in accordance with Annex VII;
(d) a special arbitral tribunal constituted in accordance with Annex
VIII for one or more of the categories of disputes specified therein.
2. A declaration made under paragraph 1 shall not affect or be affected
by the obligation of a State Party to accept the jurisdiction of the Seabed
Disputes Chamber of the International Tribunal for the Law of the Sea to
the extent and in the manner provided for in Part XI, section 5.
3. A State Party, which is a party to a dispute not covered by a declaration
in force, shall be deemed to have accepted arbitration in accordance with
Annex VII.
4. If the parties to a dispute have accepted the same procedure for
the settlement of the dispute, it may be submitted only to that procedure,
unless the parties otherwise agree.
5. If the parties to a dispute have not accepted the same procedure
for the settlement of the dispute, it may be submitted only to arbitration
in accordance with Annex VII, unless the parties otherwise agree.
6. A declaration made under paragraph 1 shall remain in force until
three months after notice of revocation has been deposited with the Secretary-General
of the United Nations.
7. A new declaration, a notice of revocation or the expiry of a declaration
does not in any way affect proceedings pending before a court or tribunal
having jurisdiction under this article, unless the parties otherwise agree.
8. Declarations and notices referred to in this article shall be deposited
with the Secretary-General of the United Nations, who shall transmit copies
thereof to the States Parties.
Article 288
Jurisdiction
1. A court or tribunal referred to in article 287 shall have jurisdiction
over any dispute concerning the interpretation or application of this Convention
which is submitted to it in accordance with this Part.
2. A court or tribunal referred to in article 287 shall also have jurisdiction
over any dispute concerning the interpretation or application of an international
agreement related to the purposes of this Convention, which is submitted
to it in accordance with the agreement.
3. The Seabed Disputes Chamber of the International Tribunal for the
Law of the Sea established in accordance with Annex VI, and any other chamber
or arbitral tribunal referred to in Part XI, section 5, shall have jurisdiction
in any matter which is submitted to it in accordance therewith.
4. In the event of a dispute as to whether a court or tribunal has jurisdiction,
the matter shall be settled by decision of that court or tribunal.
Article 289
Experts
In any dispute involving scientific or technical matters, a court or
tribunal exercising jurisdiction under this section may, at the request
of a party or proprio motu, select in consultation with the parties
no fewer than two scientific or technical experts chosen preferably from
the relevant list prepared in accordance with Annex VIII, article 2, to
sit with the court or tribunal but without the right to vote.
Article 290
Provisional measures
1. If a dispute has been duly submitted to a court or tribunal which
considers that prima facie it has jurisdiction under this Part or
Part XI, section 5, the court or tribunal may prescribe any provisional
measures which it considers appropriate under the circumstances to preserve
the respective rights of the parties to the dispute or to prevent serious
harm to the marine environment, pending the final decision.
2. Provisional measures may be modified or revoked as soon as the circumstances
justifying them have changed or ceased to exist.
3. Provisional measures may be prescribed, modified or revoked under
this article only at the request of a party to the dispute and after the
parties have been given an opportunity to be heard.
4. The court or tribunal shall forthwith give notice to the parties
to the dispute, and to such other States Parties as it considers appropriate,
of the prescription, modification or revocation of provisional measures.
5. Pending the constitution of an arbitral tribunal to which a dispute
is being submitted under this section, any court or tribunal agreed upon
by the parties or, failing such agreement within two weeks from the date
of the request for provisional measures, the International Tribunal for
the Law of the Sea or, with respect to activities in the Area, the Seabed
Disputes Chamber, may prescribe, modify or revoke provisional measures
in accordance with this article if it considers that prima facie
the tribunal which is to be constituted would have jurisdiction and that
the urgency of the situation so requires. Once constituted, the tribunal
to which the dispute has been submitted may modify, revoke or affirm those
provisional measures, acting in conformity with paragraphs 1 to 4.
6. The parties to the dispute shall comply promptly with any provisional
measures prescribed under this article.
Article 291
Access
1. All the dispute settlement procedures specified in this Part shall
be open to States Parties.
2. The dispute settlement procedures specified in this Part shall be
open to entities other than States Parties only as specifically provided
for in this Convention.
Article 292
Prompt release of vessels and crews
1. Where the authorities of a State Party have detained a vessel flying
the flag of another State Party and it is alleged that the detaining State
has not complied with the provisions of this Convention for the prompt
release of the vessel or its crew upon the posting of a reasonable bond
or other financial security, the question of release from detention may
be submitted to any court or tribunal agreed upon by the parties or, failing
such agreement within 10 days from the time of detention, to a court or
tribunal accepted by the detaining State under article 287 or to the International
Tribunal for the Law of the Sea, unless the parties otherwise agree.
2. The application for release may be made only by or on behalf of the
flag State of the vessel.
3. The court or tribunal shall deal without delay with the application
for release and shall deal only with the question of release, without prejudice
to the merits of any case before the appropriate domestic forum against
the vessel, its owner or its crew. The authorities of the detaining State
remain competent to release the vessel or its crew at any time.
4. Upon the posting of the bond or other financial security determined
by the court or tribunal, the authorities of the detaining State shall
comply promptly with the decision of the court or tribunal concerning the
release of the vessel or its crew.
Article 293
Applicable law
1. A court or tribunal having jurisdiction under this section shall
apply this Convention and other rules of international law not incompatible
with this Convention.
2. Paragraph l does not prejudice the power of the court or tribunal
having jurisdiction under this section to decide a case ex aequo et
bono, if the parties so agree.
Article 294
Preliminary proceedings
1. A court or tribunal provided for in article 287 to which an application
is made in respect of a dispute referred to in article 297 shall determine
at the request of a party, or may determine proprio motu, whether
the claim constitutes an abuse of legal process or whether prima facie
it is well founded. If the court or tribunal determines that the claim
constitutes an abuse of legal process or is prima facie unfounded,
it shall take no further action in the case.
2. Upon receipt of the application, the court or tribunal shall immediately
notify the other party or parties of the application, and shall fix a reasonable
time-limit within which they may request it to make a determination in
accordance with paragraph 1.
3. Nothing in this article affects the right of any party to a dispute
to make preliminary objections in accordance with the applicable rules
of procedure.
Article 295
Exhaustion of local remedies
Any dispute between States Parties concerning the interpretation or
application of this Convention may be submitted to the procedures provided
for in this section only after local remedies have been exhausted where
this is required by international law.
Article 296
Finality and binding force of decisions
1. Any decision rendered by a court or tribunal having jurisdiction
under this section shall be final and shall be complied with by all the
parties to the dispute.
2. Any such decision shall have no binding force except between the
parties and in respect of that particular dispute.
SECTION 3. LIMITATIONS AND EXCEPTIONS
TO APPLICABILITY OF SECTION 2
Article 297
Limitations on applicability of section 2
1. Disputes concerning the interpretation or application of this Convention
with regard to the exercise by a coastal State of its sovereign rights
or jurisdiction provided for in this Convention shall be subject to the
procedures provided for in section 2 in the following cases:
(a) when it is alleged that a coastal State has acted in contravention
of the provisions of this Convention in regard to the freedoms and rights
of navigation, overflight or the laying of submarine cables and pipelines,
or in regard to other internationally lawful uses of the sea specified
in article 58;
(b) when it is alleged that a State in exercising the aforementioned
freedoms, rights or uses has acted in contravention of this Convention
or of laws or regulations adopted by the coastal State in conformity with
this Convention and other rules of international law not incompatible with
this Convention; or
(c) when it is alleged that a coastal State has acted in contravention
of specified international rules and standards for the protection and preservation
of the marine environment which are applicable to the coastal State and
which have been established by this Convention or through a competent international
organization or diplomatic conference in accordance with this Convention.
2. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to marine scientific research
shall be settled in accordance with section 2, except that the coastal
State shall not be obliged to accept the submission to such settlement
of any dispute arising out of:
(i) the exercise by the coastal State of a right or discretion in
accordance with article 246; or
(ii) a decision by the coastal State to order suspension or cessation
of a research project in accordance with article 253.
(b) A dispute arising from an allegation by the researching State that
with respect to a specific project the coastal State is not exercising
its rights under articles 246 and 253 in a manner compatible with this
Convention shall be submitted, at the request of either party, to conciliation
under Annex V, section 2, provided that the conciliation commission shall
not call in question the exercise by the coastal State of its discretion
to designate specific areas as referred to in article 246, paragraph 6,
or of its discretion to withhold consent in accordance with article 246,
paragraph 5.
3. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to fisheries shall be settled
in accordance with section 2, except that the coastal State shall not be
obliged to accept the submission to such settlement of any dispute relating
to its sovereign rights with respect to the living resources in the exclusive
economic zone or their exercise, including its discretionary powers for
determining the allowable catch, its harvesting capacity, the allocation
of surpluses to other States and the terms and conditions established in
its conservation and management laws and regulations.
(b) Where no settlement has been reached by recourse to section 1 of
this Part, a dispute shall be submitted to conciliation under Annex V,
section 2, at the request of any party to the dispute, when it is alleged
that:
(i) a coastal State has manifestly failed to comply with its obligations
to ensure through proper conservation and management measures that the
maintenance of the living resources in the exclusive economic zone is not
seriously endangered;
(ii) a coastal State has arbitrarily refused to determine, at the request
of another State, the allowable catch and its capacity to harvest living
resources with respect to stocks which that other State is interested in
fishing; or
(iii) a coastal State has arbitrarily refused to allocate to any State,
under articles 62, 69 and 70 and under the terms and conditions established
by the coastal State consistent with this Convention, the whole or part
of the surplus it has declared to exist.
(c) In no case shall the conciliation commission substitute its discretion
for that of the coastal State.
(d) The report of the conciliation commission shall be communicated
to the appropriate international organizations.
(e) In negotiating agreements pursuant to articles 69 and 70, States
Parties, unless they otherwise agree, shall include a clause on measures
which they shall take in order to minimize the possibility of a disagreement
concerning the interpretation or application of the agreement, and on how
they should proceed if a disagreement nevertheless arises.
Article 298
Optional exceptions to applicability of section 2
1. When signing, ratifying or acceding to this Convention or at any
time thereafter, a State may, without prejudice to the obligations arising
under section 1, declare in writing that it does not accept any one or
more of the procedures provided for in section 2 with respect to one or
more of the following categories of disputes:
(a) (i) disputes concerning the interpretation or application of articles
15, 74 and 83 relating to sea boundary delimitations, or those involving
historic bays or titles, provided that a State having made such a declaration
shall, when such a dispute arises subsequent to the entry into force of
this Convention and where no agreement within a reasonable period of time
is reached in negotiations between the parties, at the request of any party
to the dispute, accept submission of the matter to conciliation under Annex
V, section 2; and provided further that any dispute that necessarily involves
the concurrent consideration of any unsettled dispute concerning sovereignty
or other rights over continental or insular land territory shall be excluded
from such submission;
(ii) after the conciliation commission has presented its report, which
shall state the reasons on which it is based, the parties shall negotiate
an agreement on the basis of that report; if these negotiations do not
result in an agreement, the parties shall, by mutual consent, submit the
question to one of the procedures provided for in section 2, unless the
parties otherwise agree;
(iii) this subparagraph does not apply to any sea boundary dispute finally
settled by an arrangement between the parties, or to any such dispute which
is to be settled in accordance with a bilateral or multilateral agreement
binding upon those parties;
(b) disputes concerning military activities, including military activities
by government vessels and aircraft engaged in non-commercial service, and
disputes concerning law enforcement activities in regard to the exercise
of sovereign rights or jurisdiction excluded from the jurisdiction of a
court or tribunal under article 297, paragraph 2 or 3;
(c) disputes in respect of which the Security Council of the United
Nations is exercising the functions assigned to it by the Charter of the
United Nations, unless the Security Council decides to remove the matter
from its agenda or calls upon the parties to settle it by the means provided
for in this Convention.
2. A State Party which has made a declaration under paragraph 1 may at
any time withdraw it, or agree to submit a dispute excluded by such declaration
to any procedure specified in this Convention.
3. A State Party which has made a declaration under paragraph 1 shall
not be entitled to submit any dispute falling within the excepted category
of disputes to any procedure in this Convention as against another State
Party, without the consent of that party.
4. If one of the States Parties has made a declaration under paragraph
1(a), any other State Party may submit any dispute falling within an excepted
category against the declarant party to the procedure specified in such
declaration.
5. A new declaration, or the withdrawal of a declaration, does not in
any way affect proceedings pending before a court or tribunal in accordance
with this article, unless the parties otherwise agree.
6. Declarations and notices of withdrawal of declarations under this
article shall be deposited with the Secretary-General of the United Nations,
who shall transmit copies thereof to the States Parties.
Article 299
Right of the parties to agree upon a procedure
1. A dispute excluded under article 297 or excepted by a declaration
made under article 298 from the dispute settlement procedures provided
for in section 2 may be submitted to such procedures only by agreement
of the parties to the dispute.
2. Nothing in this section impairs the right of the parties to the dispute
to agree to some other procedure for the settlement of such dispute or
to reach an amicable settlement.
PART XVI
GENERAL PROVISIONS
Article300
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.
Article301
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.
Article302
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.
Article303
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.
Article304
Responsibility and liability for damage
The provisions of this Convention regarding responsibility and liability
for damage are without prejudice to the application of existing rules and
the development of further rules regarding responsibility and liability
under international law.
PART XVII
FINAL PROVISIONS
Article305
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.
Article306
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.
Article307
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.
Article308
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.
Article309
Reservations and exceptions
No reservations or exceptions may be made to this Convention unless
expressly permitted by other articles of this Convention.
Article310
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.
Article311
Relation to other conventions and international agreements
1. This Convention shall prevail, as between States Parties, over the
Geneva Conventions on the Law of the Sea of 29 April 1958.
2. This Convention shall not alter the rights and obligations of States
Parties which arise from other agreements compatible with this Convention
and which do not affect the enjoyment by other States Parties of their
rights or the performance of their obligations under this Convention.
3. Two or more States Parties may conclude agreements modifying or suspending
the operation of provisions of this Convention, applicable solely to the
relations between them, provided that such agreements do not relate to
a provision derogation from which is incompatible with the effective execution
of the object and purpose of this Convention, and provided further that
such agreements shall not affect the application of the basic principles
embodied herein, and that the provisions of such agreements do not affect
the enjoyment by other States Parties of their rights or the performance
of their obligations under this Convention.
4. States Parties intending to conclude an agreement referred to in
paragraph 3 shall notify the other States Parties through the depositary
of this Convention of their intention to conclude the agreement and of
the modification or suspension for which it provides.
5. This article does not affect international agreements expressly permitted
or preserved by other articles of this Convention.
6. States Parties agree that there shall be no amendments to the basic
principle relating to the common heritage of mankind set forth in article
136 and that they shall not be party to any agreement in derogation thereof.
Article312
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.
Article313
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.
Article314
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.
Article315
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.
Article316
Entry into force of amendments
1. Amendments to this Convention, other than those referred to in paragraph
5, shall enter into force for the States Parties ratifying or acceding
to them on the thirtieth day following the deposit of instruments of ratification
or accession by two thirds of the States Parties or by 60 States Parties,
whichever is greater. Such amendments shall not affect the enjoyment by
other States Parties of their rights or the performance of their obligations
under this Convention.
2. An amendment may provide that a larger number of ratifications or
accessions shall be required for its entry into force than are required
by this article.
3. For each State Party ratifying or acceding to an amendment referred
to in paragraph 1 after the deposit of the required number of instruments
of ratification or accession, the amendment shall enter into force on the
thirtieth day following the deposit of its instrument of ratification or
accession.
4. A State which becomes a Party to this Convention after the entry
into force of an amendment in accordance with paragraph 1 shall, failing
an expression of a different intention by that State:
(a) be considered as a Party to this Convention as so amended; and
(b) be considered as a Party to the unamended Convention in relation
to any State Party not bound by the amendment.
5. Any amendment relating exclusively to activities in the Area and any
amendment to Annex VI shall enter into force for all States Parties one
year following the deposit of instruments of ratification or accession
by three fourths of the States Parties.
6. A State which becomes a Party to this Convention after the entry
into force of amendments in accordance with paragraph 5 shall be considered
as a Party to this Convention as so amended.
Article317
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.
Article318
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.
Article319
Depositary
1. The Secretary-General of the United Nations shall be the depositary
of this Convention and amendments thereto.
2. In addition to his functions as depositary, the Secretary-General
shall:
(a) report to all States Parties, the Authority and competent international
organizations on issues of a general nature that have arisen with respect
to this Convention;
(b) notify the Authority of ratifications and formal confirmations of
and accessions to this Convention and amendments thereto, as well as of
denunciations of this Convention;
(c) notify States Parties of agreements in accordance with article 311,
paragraph 4;
(d) circulate amendments adopted in accordance with this Convention
to States Parties for ratification or accession;
(e) convene necessary meetings of States Parties in accordance with
this Convention.
3. (a) The Secretary-General shall also transmit to the observers
referred to in article 156:
(i) reports referred to in paragraph 2(a);
(ii) notifications referred to in paragraph 2(b) and (c); and
(iii) texts of amendments referred to in paragraph 2(d), for their information.
(b) The Secretary-General shall also invite those observers to participate
as observers at meetings of States Parties referred to in paragraph 2(e).
Article320
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.
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