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
- 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
- Article 18. Meaning
of passage
- Article 19. Meaning
of
innocent passage
- 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
- 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
- Article 65. Marine
mammals
- Article 66. Anadromous
stocks
- Article 67.
Catadromous species
- Article 68. Sedentary
species
- Article 69. Right of
land-locked
States
- Article 70. Right of
geographically disadvantaged States
- Article 71.
Non-applicability of
articles 69 and 70
- 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
![](https://www.un.org/Depts/los/convention_agreements/texts/unclos/u52.gif)
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
![](https://www.un.org/Depts/los/convention_agreements/texts/unclos/u52.gif)
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
![](https://www.un.org/Depts/los/convention_agreements/texts/unclos/u52.gif)
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
![](https://www.un.org/Depts/los/convention_agreements/texts/unclos/u52.gif)
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
![](https://www.un.org/Depts/los/convention_agreements/texts/unclos/u52.gif)
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
![](https://www.un.org/Depts/los/convention_agreements/texts/unclos/u52.gif)
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
![](https://www.un.org/Depts/los/convention_agreements/texts/unclos/u52.gif)
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
![](https://www.un.org/Depts/los/convention_agreements/texts/unclos/u52.gif)
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
![](https://www.un.org/Depts/los/convention_agreements/texts/unclos/u52.gif)
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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