PART II (E): Law of the sea

an
nexes, procès-Con
cluded Registered on 16 November 1994.
MULTILATERAL
Convention des Nations Unies sur le droit de la mer (avec
annexes, acte final et procès-verbaux de rectification de
l'acte final en date des 3 mars 1986 et 26 juillet 1993).
Conclue à Montego Bay le 10 décembre 1982
français, Enregistrée d'office le 16 novembre 1994.
Vol. 1833, 1-31363
No. 31363
MULTILATERAL
United Nations Convention on the Law of the Sea (with annexes,
final act and proc~s-verbaux of rectification of the
final act dated 3 March 1986 and 26 July 1993). Concluded
at Montego Bay on 10 December 1982
Authentic texts: Arabic, Chinese, English, French, Russian and Spanish.
ex officio MULTILAT~RAL
proc~s-~ d~cembre Textes authentiques : arabe, chinois, anglais, fran<;ais, russe et espagnol.
Enregistr~e Vol. 1833, I-31363
1994 — — Recueil Traités 397
CONVENTION1 She understanding
world.
Mating need tot » r»ew
» whole.
seas
(1):
deposit
of ratification
Participant
or accession (a)
....................... 5 December .......... ..................... ...................... ..................... ........................ .................... ....................... .................... .................. ................... C te ........................ Cyprus ....................... Djibouti ...................... Dominica ..................... Egypt* ....................... August Fiji .......................... ...................... May ....................... ...................... April ....................... September ............... August Guyana ...................... .................... ...................... ..................... February Iraq .......................... July ...................... Kenya ....................... Participant
......................
.........................
.......................
..............
.......................
Federated ......................
.......................
.......................
.....................
..................
...........
...................
........
Senegal ......................
Seychelles ....................
......................
........................
Togo .........................
Tobago ...........
......................
Uganda ......................
Republic Tanzania* . .
Uruguay* ....................
Yemen*' ** ...................
Yugoslavia* ..................
.........................
.......................
....................
Date of deposit
of the instrument
of ratification
or accession (a)
1er September
July
January
April
April
April
September
July
May
February
February
1986
1985
1993
199 la
1983
1991a
1983
1986
1989
1986
1984
1993
1985
1993
1987
1984
1991
1989
1985
1985
1986
1985
1990
1985
1992
1987
1986
1989
1983
1993
(Continued on page 398)
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s UNITED NATIONS CONVENTION' ON THE LAW OF THE SEA
he States Parties to this Convention,
Prompted by the desire to settle, in a spirit of mutual understanding
and co-operation, 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,
1 Came into force on 16 November 1994, i.e., 12 months after the date of deposit with the Secretary-General of
the United Nations of the sixtieth instrument of ratification or accession, in accordance with article 308 Angola .
Antigua and Barbuda .
Bahamas .
Bahrain .
Barbados .
Belize .
Botswana .
Brazil* .
Cameroon .
Cape Verde* .
Costa Rica .
Cote d'Ivoire .................
Cuba* . 0.
tr:
Gambia .
Ghana .
Grenada .
Guinea .
Guinea-Bissau* .
.
Honduras .
Iceland* .
Indonesia .
.
Jamaica .
.
Date of of the instrument
1990
2 February 1989
29 July 1983
30 May 1985
12 October 1993
13 August 1983
2 May 1990
22 December 1988
19 November 1985
10 August 1987
21 September 1992
26 March 1984
15 August 1984
12 December 1988
8 October 1991
24 October 1991
26 1983
10 December 1982
22 1984
7 June 1983
25 1991
6 1985
25 1986
16 November 1993
5 October 1993
21 June 1985
3 1986
30 1985
21 March 1983
2 March 1989
Kuwait* .
Mali .
Malta* .
Marshall Islands .
Mexico .
Micronesia (Federated States of)
Namibia .
Nigeria .
Oman* .
Paraguay .
Philippines* .
Saint Kitts-et-Nevis .
Saint Lucia .
Saint Vincent and the Grenadines
Sao Tome and Principe .
.
.
Somalia .
Sudan .
.
Trinidad and .
Tunisia* .
.
United of Tanzania ..
.
Yemen, + .................
.
Zaire .
Zambia .
Zimbabwe .
2 May
1986
16 July
1985
20 May
1993
9 August
1991a
18 March
1983
29 April
1991a
18 April
1983
14 August
1986
17 August
1989
26 September
1986
8 May
1984
7 January
1993
27 March
1985
ler October
1993
3 November
1987
25 October
1984
16 1991
24 1989
23 1985
16 1985
25 1986
24 1985
9 November
1990
30 1985
10 December
1992
21 1987
5 1986
17 1989
7 March
1983
24 1993
Vol. 1833, I-31363
398 — — Recueil Traités Bearing in of. ana, De.8i.ir ing by this Convention to develop the principles embodied in
XXV) 17 19702 United Nations solemnly declared inter alia that the area of the sea-bed and
jurisdiction, as well as its resources, are the common heritage of mankind;
of mankind as a whole, irrespective of the geographical location of States,
co-operation th« Charter,
MUjOEJM law.
follows!
(Continued from page 397)
Date of deposit
of the instrument
of ratification,
accession (a)
or notification
Participant
of succession ......... ....................... ...................... ...................... Date of deposit
of the instrument
of ratification,
accession (a)
or notification
of succession Participant
................. ....................... Germany* ....................... November 1994
* ** Official Records of the General Assembly, Twenty-fifth Session, Supplement 28 p. United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1994
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 l7 December 1970 in which the General Assembly of the
United Nations solemnly declared inter slia that the area of the sea-bed and
ocean floor and the subsoil thereof, beyond the limits of national
jurisdiction, as well as its reeources, 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;
In addition, and prior to the entry into force of the Convention, the following States also deposited instruments
of ratification, accession or notification of succession:
Bosnia and Herzegovinia
(With effect from 16 November
1994.)
Comoros .
(With effect from 16 November
1994.)
Sri Lanka .
(With effect from 16 November
1994.)
Viet Nam* .
(With effect from 16 November
1994.)
(d)
12 January 1994d
21 June
1994
19 July
1994
25 July
1994
The former Yugoslav Republic
of Macedonia .
(With effect from 16 November
1994.)
Australia .
(With effect from 16 November
1994.)
Germany ......................
(With effect from 16 November
1994.)
Mauritius .
(With effect from 16 November
1994.)
(d)
19 August 1994d
5 October 1994
14 October 1994a
4 November! 994
For the declarations made upon ratification or accession, see vol. 1835, p. 105.
Democratic Yemen ratified the Convention on 21 July 1987. Subsequently, the Yemen Arab Republic and the
People's Democratic Republic of Yemen merged on 22 May 1990 to form the Republic of Yemen. The Republic of
Yemen is considered a party to the Convention as from the date when Democratic Yemen became a party to the
Convention.
2 United Nations, No. (A/8028),
24.
Vol. 1833, 1-31363
1994_______United — » — Recueil Traités_______399
PART I
INTRODUCTION
1
of 1. FOC 1) "Area" sea-bed jurisdiction;
"Authority" Authority}
"activities Area" means Area;
(4) "pollution environment" by
daloterious amenities!
dumping" meansj
i) made
sea;
ii) made sea;
"dumping* include:
i) structures}
ii) Convention.
1) Parties" h ve by 1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
PART I
INTRODUCTION
Article l
Use pf terms and scope
399
l, For the purposes of this Conventions
(l) "Area means the seabed and ocean floor and subsoil thereof,
beyond the limits of national jurisdiction
(2) Authority" means the International Sea-Bed 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 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) umping" 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. (l) "States Parties means States which have consented to be bound
this Convention and for which this Convention is in force.
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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.
1. GENERAL Article,!
Legal status of the territorial sea f of the air 8paeg_e-ye£
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 archipelagie State, its
arehipelagic waters, to an adjacent belt of sea, described as the territorial.
sea.
ffiiis sovereignty extends to the air space over the territorial s«sa
as well as to its bed and subsoil.
The sovereignty over the territorial sea is exereised subj et to
this Convention and to other rules of international law.
SECTION 2. LIMITS OF THE TERRITORIAL SEA
Article 3
Breadth of the territorial sea
Every State has the right to establish the breadth f its territorial
sea up to a limit not exceeding 12 nautical miles, measured from baselines
determined in accordance with this Convention.
Article 4
Outer limit of the territorial sea
the of whieh
Article 5
normal baseline
Except where otherwise provided in this Convention, the normal baseline
for measuring the breadth of the territorial sea is the low-water lin along
the coast as marked on large-scale charts officially recognised th« eoastal
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s (2) This Convention applies mutatig mutandis to the entities
referred to in article 305, paragraph 1(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 • GENERAL, PROVISIONS
Article 2
Legal status of the territorial sea,of the air gpace peg
the territorial sea and of its bed and subsoil
l. The sovereignty of a coastal State extends, beyond its and
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 aubject to
this Convention and to other rules of international law.
SECTION 2, LIMITS OF THE TERRITORIAL SEA
Article 3
Breadth of the territorial sea
Every State has the right to establish the breadth of its territorial
sea up to a limit not exceeding 12 nautical miles, measured from baselines
determined in accordance with this Convention,
Article 4
Outer limit of the territorial sea
The outer limit of the territorial sea is the line every point of which
is at a distance from the nearest point of the baseline equal to the breadth
of the territorial sea.
Article 5
Normal baseline
Except where otherwise provided in this Convention, the normal baseline
for measuring the breadth of the territorial sea is the l6w-water line along
the coast as marked on large-scale charts officially recognized by the coastal
State.
Vol. 1833, I-31363
1994 — — Recueil Traités 401
Article_6
jteefs
reefs, the baseline for measuring the breadth of the territorial sea is the
seaward low-water line of the reef, as shown by the appropriate symbol on
charts officially recognized by the coastal State.
Article 7
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 imm diate the method of straight baselines joining appropriate points may be in
2. Where because of the presence of a delta and other natural
conditions the coastline is highly unstable, the appropriate points be
water notwithstanding subsequent regression of the low-water line, the straight
extent from the general direction of the coast, and the sea areas within
the lines must be sufficiently closely linked to the land domain to be r 4. Straight baselines shall not be drawn to and from low-tide
above Sea level have been built on them or except in instances where the
of 'baselines to and from such elevations has received general
5. Where the method of straight baselines is applicable under
1, account may be taken, in determining particular baselines, of
economic interests peculiar to the region concerned, the reality and the
of which are clearly evidenced by long usage.
Artielg_Internal watery
1. as provided in Part IV, waters on the landward side of the
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s Article 6
Beefs
In the case of islands situated on atolls or of islands having fringing
reefs, the baseline for measuring the breadth of the territorial sea is the
seaward low-water line of the reef, as shown by the appropriate symbol on
charts officially recognized by the coastal State.
Article 7
Straight baselines
l. 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 r~gime 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 l, account may be taken, in determining particular baselines, of
economic interests peculiar to the region concerned, the reality and the
importance of which are clearly evidenced by long usage.
6. The system of straight baselines may not be applied by a State in
such a manner as to cut off the territorial sea of another State from the high
seas or an exclusive economic zone.
Article 8
Internal waters
l. 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.
Vol. 1833, I-31363
— » — Recueil Traités 1994
a rivet flows directly into the sea, the baselirea shall fos line across the isouth of the river between points on low-line of its
banks.
Article_10
1. This article relates only to a
single S ta ta,
For the purposes of this Convention, a indentation whose penetration is in such proportion to the width o£ its mouth
as to contain land-locked waters and constitute more than a curvature of
the coast. AD indentation shall pot, however» be regarded unless its
area is as large as, r larger than» that of the semi-circle «hose diameter is
a line drawn across the mouth of that indentation
JSsr the purpose of Measurement» the area indentation that
lying between the low-water snarls around the shore of the : Indentation and a
line joining the low-water mark of its natural «ntrance points» where,
because of the preawac* of islands, indentation mouth,
ttoe semi-circle shall b« drawn on line as sum lengths liims indentation points of a bay does not eisesed 24 nautical ailes, a closing line aay be drawn
between b«
considered as internal waters.
5.. Mher watsr entrance points of & exceeds 24 nautical miles? a straight baseline of 34
mil dram th« the aaxiraun area water of length.
S. flia foregoing provisions do not apply to ao-calle "historic" oe in any can where the system of straight baselines provided foe in article
is applied.
to purpsse aea» permanent are
regarded as forming part the coast. Off-shore artificial
eonsia«re«S pemanent works.
1-402 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 9
Mouths of rivers
If a river flows directly into the sea, the baseline chali be a straight
line across the mouth of the river between points on the cw-water line of its
bank8.
Article 10
Bay£
l, 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 s well-marked
indentation whose penetration is in such proportion to the width f its mouth
as to contain land-locked waters and constitute more than a mars 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 aum 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 ia possible with a line or that length,
6. The foregoing provisions do not apply to so-cal1ad "historic bays,
or in any case where the system of straight baselines provided for in article
7 is applied.
Article ll
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 es forming part of the coaat, Off-shore installations and artificial
islands shall not be considered as permanent harbour works,
Vol. 1833, I-31363
1994 ______ — » — Recueil Traités ______ *rtiole_12
jjggdatgadB.
Boa<S8t«isds which are nooaa ly used for the loading, unloading and
«nehori«3 of ships, and which would otherwise b« situated wholly or partly
o«tsi«i« the outer limit of the territorial sea, are included in the
territorial s@*.
1. A low-tide elevation is a naturally formed area of land which is
surrounded by ana above water at low tide but submergea at high tide, fiber a
low-tide alavation is situated wholly or partly at a distan a not exceeding
the btaadtb o£ the territorial a«a from the mainland or an Island, the
Iwimter lira* on that elevation may be used as the baseline foe measuring beswlth of the territorial sea.
2. Hhere a low-tide elevation is wholly situated at a distance
sse ^inf the breadth of the territorial g@a from' the mainland o?: an island,
it ha no territorial usa of. its own.
Article 14
(jgMbinatipn ft S methods for baselines
»0 coastal State may determine baselines in turn by any of th«
provided for in the foregoing articles to suit different conditions.
Article IS
Dgligiitatign_oj : thejtgrritorial sea between States with
the coasts of two States are opposite or adjacent to each other,
neither of tha two states is entitled, failing agreement between then to ths
contrasy; to extend its territorial sea beyond the median line every point o£
ttltieii is equidistant from the nearest points on the baselines from which the
ter-Mat!?, of ifes territorial seas of each of the two States is measured» Ihe
above pcoviaion does not apply, however, where it is necessary by cesnon of
historic titla &t other special circumstances to delimit the territorial ss as
of tb« two States in a way which is at variance therewith.
Qtarts^and liets, of, cg-ordinatea
1. fhe baselines for measuring the breadth of the territorial sea
d t«rained in accordance with articles 7, 9 and 10, or the limits seeived
th»gsfe« , and the lines of del irai tat ion drawn in accordance with articles 12
ana IS shall, be shown on charts of a scale or scales adequate for ascertaining
position, alternatively, a list of geographical co-ordinates of point*,
the geodetic datum, may be substituted.
2. The coastal State shall give due publicity to such charts oe lists
oC geographical co-ordinates and shall deposit a copy of each such chart or
list «rtfch tte Secretary-General of the United Nations.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 22
Roadsteads
403
oadsteads 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
tarr!torial sea.
Article 13
Low-tide elevations
I% h 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 sen.
2. Where a low-tide elevation is wholly situated at a distance
ceding the breadth of the territorial sea from the mainland or an island,
it has no territorial aea of its own.
Article 14
Combination of methods for determining baselines
The coastal State may determine baselines in turn by any of the methods
provided for in the foregoing articles to suit different conditions.
Article 15
Delimitation of the territorial sea between States with
Opposite pr adjacent coasts
her the coast 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 As 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 apecial circumstances to delimit the territorial seas
of the two States in a way which is at variance therevith,
Article 16
garts and lists pf geographical co-ordinates
l, he baselines for measuring the breadth of the territorial sea
determined in accordance with articles 7, 9 and I0, 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 co-ordinates of points,
specifying the geodetic datum, may be substituted,
2. The coastal State shall give due publicity to such charts or lists
of geographical co-ordinates and shall deposit a copy of each such chart or
lit with the Secretary-General of the United Nations.
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404 — — Recueil Traités 1994
SECTION 3. IWCCBHT f&SS GE ZN THE TERRITORIAL SBA
SUBSECTION h. APPLICABLE TO Mi
Articl17
Convention? or
s<sa.
passage
1. mean» (a) os waters? oc
fro» oc & expeditious. include» force Majeur* or oc Artigl*_l9
1. passage ofeher Passage b@ the p*ae , »«sa activities!
{&) oc use indepandenc* Banner H tions;
(b) «xeecis@ kinds
th«
def«nc« |
d) &h@ state;
) landiag 1-United Nations Treaty Series • Nations Unies Recueil des Trait~s
SECTION 3. INNOCENT PASSAGE IN THE TERRITORAL SEA
SUBSECTION A. RULES APPLICABLE TO ALL SHIPS
Article 27
Right of innocent passage
Subject to this Convention, ships of all States, whether coastal or
land- locked, enjoy the right of innocent passage through the territorial sea.
Article 18
Meaning of pas@age
l. Passage means navigation through the territorial sea for the
purpose oft
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
ox for the purpose of rendering assistance to persons, ships or aircraft in
danger or distress.
Article 19
Mearing pf innocent pas@age
l, Passage is innocent so long as it is not prejudicial to the peace,
good order or security of the coastal State. Such peseage shall take place in
conformity with this Convention and with other rules of international law.
2. Pasaage of a foreign ship shall be considered to be prejudicial to
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 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
Vol. 1833, I-31363
1994 — — Recueil Traités (f| iaoeacàiftf , landing or taking ©a bosed of any military
fg> the 'loading or auloaâitsg of aay eoisiaoditys currency or person
to the easterns» fiscal» inmlgration- or sanitary of the soaatal States
(h) -any and aerious Convention?
fi) atsy fishing activities?
Cj th oat or activities!
|fc) «et coigmunication tfeee ox State;
(1) otlrar passage.
Articl»_aO
and othyg .underwater vehic3.es
t@ .rito£lal s@a, @ubna£in«@ axe
*rticle_1. "Mia pswricioM o£ ana to imsoeent passage through the territorial s<s&, in respect or
o£ the CoUowingt
M t-fe »
(b) ana installations;
(c) «na
(d) ««oases» M A pewention infeingeiaent csf ana
regulatiena o£ tha States
(£) proscrration f «itvironmiiDt «nd
prevention, £ ther«@£t
craMieb hydrographie
$h} p£<iv«iitioii o£ She eustoiBa, MBitary o£ coaetal State.
regulations .
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 405
(f) the launching laming on board device
(g} oz anloading any comoodity, contrary customs, fiscal, indgration laws and
regulatioas af coastal State
h) any act of wilful serious pollution contrary to this
Convention
(d) any activities
(j) the carrying out of research or survey activities
(k) any act aimed at interfering with any systems of communication or
any other facilities or installations of the coastal State
(1) any other activity not having a direct bearing on passage,
Article 20
Submarines other underwater vehicles
In the territorial sea, submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.
Article 21
saws and regulationg pf thgcoastal State relating to
innocent passage
l, The coastal State may adopt laws and regulations, in conformity with
the provisions of this Convention and other rules of international law,
relating innocent paesaga sea, re@pect of all any of followings
(a) the safety of navigation and the regulation of maritime traffic
the protection of navigational aids and facilities and other
facilities or installationsy
the protection of cables and pipelines$
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 t'e
reduction and control of pollution thereof
(g) marine scientific research and hydrogrephic surveys$
(h) the prevention of infringement of the customs, fiscal,
immigration
or sanitary laws and regulations of the coastal Btate.
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.
Vol. 1833, I-31363
— — Recueil Traités 1994
1. schemes as ships.
s
(a) b) c) Article_24_
Datieg_of_ ship» throu^j Use nots
e impairing tile passage} b) oe State.
406 United Nations Treaty Series • Nations Unies Recueil des Trait~s 4. Foreign ships exercising the right of innocent passage through the
territorial sea shall comply with all such laws and regulations and all
generally accepted international regulations relating to the prevention of
collisions at sea.
Article 22
Sea lanes and traffic separation schemes
in the territorial sea
l. 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
it may designate or prescribe for the regulation of the passage of
ships.
2. In particular, tankers, nuclear-powered ships and ships carrying
nuclear or other inherently dangerous or noxious substances or materials may
be required to confine their passage to such sea lanes.
3. In the designation of sea lanes and the prescription of traffic
separation schemes under this article, the coastal State shall take into
account
a) the recommendations of the competent international organization;
(b) any channels customarily used for international navigation;
(c) the special characteristics of particular ships and channels; and
(d) the density of traffic.
4. The coastal State shall clearly indicate such sea lanes and traffic
separation schemes on charts to which due publicity shall be given.
Article 23
Foreign nuclear-powered ships and ships carrying nuclear or
other inherently dangerous or noxious substances
Foreign nuclear-powered ships and ships carrying nuclear or other
inherently dangerous or noxious substances shall, when exercising the right of
innocent passage through the territorial sea, carry documents and observe
special precautionary measures established for such ships by international
agreements.
Article 24
Duties of the coastal State
1. The coastal State shall not hamper the innocent passage of foreign
ships through the territorial sea except in accordance with this Convention.
In particular, in the application of this Convention or of any laws or
regulations adopted in conformity with this Convention, the coastal State
shall not
(a} impose requirements on foreign ships which have the practical
effect of denying or Apairing 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,
Vol. 1833, I-31363
1994 — — Recueil Traités to
knowledge» _
Rights 1. innocent.
poet talce subject.
3. among lot
ArtieleJ|§
1. Mo the is
2. dsarges SUBSECTION B. SDLES APPLICABLE TO MERCHANT SHIPS AHD G0VERH«JT
OPERATED FOR COMMERCIAL PURPOSES
on ship
1. criminal exercised board a foreign arrest passager casess
a) State?
b) a the sea?
offices
State? d) psychotropie Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 407
2. The coastal State shall give appropriate publicity to any danger navigation, of which it has knowledge, within its territorial sea.
Article 25
of protection of the coastal State
, 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
foreign ships, suspend temporarily in specified areas of its territorial
sea the innocent passage of foreign ships if such suspension is essential for
the protection of its security, including weapons exercises. Such suspension
shall take effect only after having been duly published.
Article 26
Charges which may be levied upon foreign shipg
l. 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.
ese charges shall be levied without discrimination.
SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND GOVERNMENT SAPS
OPERATED FOR COMMERCIAL PURPOSES
Article 27
Criminal jurisdiction pn board a foreign l. 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 office
of the flag State or
(d) if such measures are necessary for the suppression of illicit
traffic in narcotic drugs or psychotropic substances.
Vol. 1833, I-31363
408 United Nations — Treaty » Nations Unies — Recueil des Traités_______1994
not coastal any laws foreign leaving internal In the 1 the if officer of taking ship's way taken.
made?
5. law
investigation ship e entering foreign ships
1. ship passing
ship
SUBSECTION C. ROLES APPLICABLE TO WARSHIPS AND OTHER GOVERNMENT SHIPS
OPERATED FOR NON-COMMERCIAL PURPOSES
of warship" by
forces discipline.
Vol. 1833, 1-31363
408 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
2. The above provisions do not affect the right of the coastal State to
take 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 l and 2, the coastal State
shall, if the master so requests, notify a diplomatic agent or consular
officer of the flag State before taking any steps, and shall facilitate
contact between such agent or officer and the ship's crew. In cases of
emergency this notification may be communicated while the measures are being
taken.
4. In considering whether or in what manner an arrest should be made,
the local authorities shall have due regard to the interests of navigation.
5, Except as provided in Part XII or with respect to violations of laws
and regulations adopted in accordance with Part V, the coastal State may not
take any steps on board a foreign ship passing through the territorial sea to
arrest any person or to conduct any investigation in connection with any crime
committed before the ship entered the territorial sea, if the ship, proceeding
from a foreign port, is only passing through the territorial sea without
entering internal waters.
Article 28
Civil jurisdiction in relation to l. The coastal State should not stop or divert a foreign 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 for the purpose of any civil proceedings, save only in respect of obligations
or liabilities assumed or incurred by the ship itself in the course or for the
purpose of its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State,
in accordance with its laws, to levy execution against or to arrest, for the
purpose of any civil proceedings, a foreign ship lying in the territorial sea,
or passing through the territorial sea after leaving internal waters.
SUBSECTION C. RULES APPLICABLE TO WARSHIPS AND OTHER GOVERNMENT SHIPS
OPERATED FOR NON--COMMERCIAL PURPOSES
Article 29
Definition pf 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 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.
Vol. 1833, 1-31363
1994 United Nations — Treaty Series • Nations Unies — Recueil des Traités_______409
Article 30
by warships with the laws and
of the coastal State
If any warship does not comply with the laws and regulations the
coastal State concerning passage through the territorial sea and any request for compliance therewith which is made to it, the coastal State
require it to leave the territorial sea immediately.
Article 31
of the flag State for damage caused by a
or other for non-commercial The flag State shall bear international responsibility for any loss or
damage to the coastal State resulting from the non-compliance a or
other government ship operated for non-commercial purposes with the laws and
sea or with the provisions of this Convention or other rules of international
law.
of warships and other _gowtniaent shim
for
With ar & article* end 31» Contention ££ ets immunities f goveenaant ships oowraeeeial
SECTXOH 4. C0IW G1 00S
1. a sane s«a e describee) «a feha
cantifiiotM son*, «xexcise necessaey Co*
{»} pr vaut infeingeiseiit o£ eustons? imtdgrtttion la«s £egul@tions witbin oc
tassritocial
punioh infeingemitt fehe emulations coiwitt«d
oe sea»
tlte aosse bsyon^ 34 mil«a fro» th*
lin«s feoa bsaadta oC th« 31363
1994 Treaty -Recueil Trait~s
Article 30
Non-compliance by_warships with the laws and
regulations of the coastal State
409
If any warship does not comply with the laws and regulations of the
coastal State concerning passage through the territorial sea and disregards
any request for compliance therewith which is made to it, the coastal State
may require it to leave the territorial sea immediately.
Article 3l
Responsibility of the flag State for damage caused by_a
warship or other government ship operated for non-commercial purposes
The flag State shall bear international responsibility for any loss or
damage to the coastal State resulting from the non-compliance by a warship or
other government ship operated for non-commercial purposes with the laws and
regulations of the coastal State concerning passage through the territorial
sea or with the provisions of this Convention or other rules of international
law.
Article 32
[unities warships governent ships operated
non--commercial purposes
it.h such exceptions as are contained in subsection A and in articles 30
and 3l, nothing in this Convention affects the imunities of warships and
other government ahips operated for non-commercial purposes.
SECTION 4. CONTIGUOUS ZONE
Article 33
Contiguous zone
l. 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. he contiguous zone may not extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is
measured.
Vol. 1833, 1-31363
410_______United — » — Recueil Traités_______1994
TOE
=
34
1. Sfaa r gime £ passage tfaeougfa steaitg used foc international
established in this Past stall not in other respecta a£f«et l«fei statue of the «raters forming such straits or tho exercise by States bordering th« straits their sovereignty 0e jurisdiction over such waters •ad tbeir air space, bed and subsoil.
2. Ihe sovereignty e jurisdiction of the States bordering the strait* i« «xecciaed subject to this Pact ana to other rules of international law.
Article_35
ttis affectes
a) here the
set forth in article 7 has the effect of enclosing as internal
as such»
high seas; or
(c) the legal r gime in straits in which passage regulated in whol*
os lon^-sianding force
Article_36.
High in i routes n or nthrough .économie through straits i used for, international, This Part does not apply to a strait used for international if there exists through the strait a route through the high seas or through uselusive economic sone of similar convenience with respect to and hydcograitiical characteristics » in such routes, the other relevant &l Convention, including the provisions regarding the freedoms of
and overflight? apply.
1-410 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
PART III
SECTION 1 GENERAL PROVISIONS
1994
Article al status of waters for
international nav
straits used for
ation
1. The rdgie of passage through stratta uae for international
navigation established in this Part shall not in other respects affect the
loge.l status of the waters forming such straits ox the exercise by the States
the straits of their sovereignty or jurisdiction over such waters
and their air space, bed and subsoil.
2. The sovereignty or jurisdiction of the States bordering the straits
is exercised subject to this Part and to other rules of international law.
Article 35
Scope pf this Part
Nothing in this Part affects:
(a} any areas of internal waters within a strait, except « here 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 r~gime in straits in which passage is regulated in whole
or in part by long-standing international conventions in force
specifically relating to such straits.
Article 36
seas routegr routes through exclusive economic zones
for jnternational navigation
navigation
an
exclusive zone navigational
hydrographical Parts
of this navigation overflight, Vol. 1833, I-31363
1994 — — Recueil Traités SECTIOM 2. TRANSIT PASSAGE
Artiele_S ge_of_thi.s_iseotlon
navigation zone ana Articlg_enjoy -Us* eight impeded; •trait is fooned .seaward similar hydrographieal
6t>«r«et ristics.
tha ana pact ot an son eseeluslvs
son . requirenient tcanait through ot entering*
is wing ot condition» any oth«c Artlcle_Putie_8_gf_Bhigs ii 1. tee shall;
(a) strait}
(b) fron '
states National
(o) f_ rg« ma.jgu.re distress;
(d) shall i
(a) Seat
United Nations Treaty Series • Nations Unies -Recueil des Trait~s
SECTION 2. TRANSIT PASSAGE
Article 37
Scope pf this section
411
This section applies to straits which are used for international
navigation between one part of the high seas or an exclusive economic zone and
another part of the high seas or an exclusive economic zone.
Article 38
Right of transit passage
1. In straits referred to in article 37, all ships and aircraft enjoy
the right of transit passage, which shall not be impeded except that, if the
strait is formed by an island of a State bordering the strait and its
mainland, transit passage shall not apply if there exists seaward of the
island a route through the high seas or through an exclusive economic zone of
similar convenience with respect to navigational and hydrographical
characteristics.
2. Transit passage means the exercise in accordance with this Part of
the freedom of navigation and overflight solely for the purpose of continuous
and expeditious transit of the strait between one part of the high seas or an
exclusive economic zone and another part of the high seas or an exclusive
econoaic zone. However, the requirement of continuous and expeditious transit
does not preclude passage through the strait for the purpose of entering,
leaving or returning from a State bordering the strait, subject to the
conditions of entry to that State.
3. Any activity which is not an exercise of the right of transit
passage through a strait remains subject to the other applicable provisions of
this Convention.
Article 39
Duties pf ships and aircraft during transit passage
l. 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 shalls
comply with generally accepted international regulations,
procedures and practices for safety at sea, including the
International Regulations for Preventing Collisions at Sea
Vol. 1833, 1-31363
412 — — Recueil Traités 1994
(b) with generally accepted international regulations,
of pollution from ships.
shall s
(a) of Rit toiation Organisation aircraft! at
navigation!
|,at nwnitor Beaeagch and survey actiyitiga
During ships? Mzine •aiwttifie r«s atcfe ana hyaeographio ships» «ay authorisation tfee , State boeteeiitg
1. in sea ana prescrite s paration adtemss foe straits
where to praswte passaf at 2. Sucb «ay, £®qain, du«
substitute lanes oc s«paratioii scfeaiaes
foe laaee oe tea££lc atshcioea by than.
3. i&nss arid schema regulations.
4» schemes. bordaring organisation a yiew fchsit
adoption. "&;M oegaraigattoa nay sueh lan«s «ltd stay be straits?
aft@E wtticb tlie Skates se«Ignat« s prescrite them.
la saa lanea tcaffic waters £ two n»ee boedering beiag
i!i<e coacerned shall fornulating the coupe-tent laites oc {tresetclbfta th@nt whieh
gi^ea.
Stiips tcaneit eball iesp«et artiele,
United Nations Treaty Series • Nations Unies -Recueil des Trait~s (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 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 et
all times operate with due regard for the safety of navigations
(b) at all times monitor the radio frequency assigned by the competent
internationally designated air traffic control authority or the
appropriate international distress radio frequency.
Article 40
kggggch an survey_getivitiag
puring transit passage, foreign ships, including marine scientific
research and hyrcgraphio survey ships, may not carry out any research or
survey activities without the prior authorization of the.States bordering
straits.
Article 4l
Seg lags,gd tggffig separation schemes in straigs used for
international navigation
l. In conformity with this Part, States bordering straits may designate
sea lanes and prescribe traffic separation schemes or navigation in straits
where necessary promote the safe passage of ships.
Such Skares say, when circumstances require, and after giving due
publicity thereto, bgtitu&e other sea lanos or traffic separation schemes
for any sea lanes ar traffic separation schemes previously designated or
prescribed by them.
3, Such see 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 coxapetent international organization with a view to their
adoption, Ta organization may adopt only such sea lanes and traffic
separation @chases as may agreed with the States bordering the straits,
after which the States ray deeignate, prescribe or substitute then.
5. In reapes of a strait where ssa lanes or traffic separation schemes
through the water of wo or more States bordering the strait are being
proposed, tie States concerned ahall co-operate in formulating proposals in
consultation with &he competent international organisation.
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 tranait passage shall respect applicable sea lanes and
traffic separation schemes established in accordance with this article,
Vol. 1833, I-31363
1994 — — Recueil Traités 413
jrelating to transit
1. States straits
lass and following t
a) tha safety as
41|
(b) the prevention, reduction and control of pollution, giving
strait}
c) gear;
d) laws
and regulations of States bordering straits.
among foreign ships or in their application have the practical effect of
this section.
laws
and regulations.
5. "Rie flag State of a ship or the State of registry of an aircraft
laws
safety aids of operates
(a) navigation; b) Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s Article 42
Sws am xgguiatlors pf sgatag bordering straitg
zelgting.to transit peggage
±. Subject to the provisions of this section, St&tes bordering straits
may adopt laws an regulations relating to transit passage through straits, in
respect of all or any of the following1
(a) tie sarety of navigation and the regulation of maritime traffic, as
provided in article 4l
(b) the prevention, reduction and control of pollution, by giving
effect to applicable international regulations regarding the
discharge of oil, oily wastes and other noxious substances
in the strait
(c) with respect to fishing vessels, the prevention of fishing,
including the stowage of fishing gear
(d) the loading or unloading of any commodity, currency or person in
contravention of the customs, fiscal, immigration or sanitary laws
and regulations of States bordering straits.
2. Such laws and regulations shall not discriminate in form or in fact
among foreign ships or in their application have the practical effect of
denying, hampering or impairing the right of transit passage as defined in
this section.
3. States bordering straits shall give due publicity to all such laws
and regulations.
4. Foreign ships exercising the right of transit passage shall comply
with such laws and regulations.
5. The flag State of a ship or the State of registry of an aircraft
entitled to sovereign immunity which acts in a manner contrary to such laws
and regulations or other provisions of this Part shall bear international
responsibility for any loss or damage which results to States bordering
straits.
Article 43
Navigational and safety_aids and other improvements and the
prevention, reduction and control pf pollution
User States and States bordering a strait should by agreement co-operate
a) in the establishment and maintenance in a strait of necessary
navigational and safety aids or other improvements in aid of
international navigation and
(b) for the prevention, reduction and control of pollution from ships.
Article 44
Duties of states bordering straits
States bordering straits shall not hamper transit passage and shall give
appropriate publicity to any danger to navigation or overflight within or over
the strait of which they have knowledge. There shall be no suspension of
transit passage.
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S CTION 3. INNOCENT PASSAGE
1» r passage, with Part 11,
section shall apply in straits used for international navigation:
r gime transit passage
under article 33, paragraph Is or
(b) gone a
the territorial sea of a foreign State.
There shall be no suspension of innocent passage through such
AKCHIPELAGIC STATES
Use of terms
"arehipelagie State* means islands;
b) archipelago" islands,
been regarded as such.
arehipelagic 1. draw straight archipelagic baselines
islands
1 1 1.
2. miles,
3 miles.
United Nations Series • Nations Unies -Recueil des Trait~s
SECT ION 3. INNOCENT PASSAGE
Article 45
Innocent passage
1. The r~gime of innocent passage, in accordance with Part II,
section 3, shall apply in straits used for international navigations
(a) excluded from the application of the rgime of transit passage
under article 38, paragraph l 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 Conventions
(a) archipelagic State means a State constituted wholly by one or
more archipelagos and may include other islands
(b) "archipelago means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so
closely interrelated that such islands, waters and other natural
features form an intrinsic geographical, economic and political
entity, or which historically have been regarded as such,
Article 47
Archipelagic baselines
l. An archipelagic State may draw stkaight 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 l to l and 9 to l.
2, The length of such baselines shall not exceed 100 nautical miles,
except that up to per cent of the total number of baselines enclosing any
archipelago may exceed that length, up to a maximum length of 125 nautical
ailes,
Vol. 1833, I-31363
1994 — — Recueil Traités 3. The drawing of such baselines shall not depart to any appreciable
extent from the general configuration of the archipelago.
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 1, 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 co-ordinates of points, specifying the
geodetic datum, may be substituted.
9. The archipelagic State shall give due publicity to such charts or
lists of geographical co-ordinates and shall deposit a copy of each such chart
or list with the Secretary-General of the United Nations.
Measurement of the breadth of the territorial the
the exclusive economic zone and the
continental shelf
Ttie breadth of the territorial sea, the contiguous zone, the exclusive
economic zone and the continental shelf shall be measured from archipelagic
baselines drawn in accordance with article 47.
Article status of of the air ovar;
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 therein.
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1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 415
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.
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 scale or scales adequate for ascertaining their position.
Alternatively, lists of geographical co-ordinates of points, specifying the
geodetic datum, may be substituted.
9. 'The archipelagic State shall give due publicity to such charts or
lists of geographical co-ordinates and shall deposit a copy of each such chart
or list with the Secretary-General of the United Nations.
Article 48
Measurement of the breath of the territorial sea, the
contiguous zone, the exclusive economic zone and the
continental shelf
The breadth of the territorial sea, the contiguous zone, the exclusive
economic zone and the continental shelf shall be measured from archipelagic
baselines drawn in accordance with article 47.
Article 49
Legal status of archipelagic waters, pf the air space over
archipelagig waters and of their bed and subsoil
l. 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,
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416 — Treaty — Recueil Traités_______1994
3. This sovereignty is exercised subject to this Part.
4. The regime of archipelagic sea lanes passage established in this
Pianrctl usdhinagl l tnhoe ts eian oltahneesr, roers petchtes eaxefrfceicste tbhye stthaet uasr cohfi petlhaeg iacr cShtiapteel aogfi c iwtast ers, sroevseoruericegsn tcyo onvteari nseudc ht hwearetienr.s and their air space, bed and subsoil, and the
Article 50
Delimitation of internal waters
Within its archipelagic waters, the archipelagic State may draw closing
lines for the delimitation of internal waters, in accordance with articles 9,
10 «nd 11.
article 51
traditional and submarine cables
existin1.g agwrietehmoeuntt sp rweijtudhi octeh etro Satrattiecsl ea n49d, shaanl la rcrheicpogenliasgei c tSrtaadtiet isonhaall l firsehsipnegct
rniegihgthsb oaunrdin ogt hSetra tleesg iitni mcaetret aaicnt iavrietaise sf aolfl itnhge w iitmhmiendi aatreclhyi paedljaagciecn wta ters. Th« terms and conditions for the exercise oS such rights and activities, including
rteheq uneasttu roef, anthye o fex ttehnet Satnadt est hec oanrceeranse dt,o wbhei crhe gutlhaeyt eadp pblyy ,b islhaatlelr,a la ta gtrheee ments 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
uaprocnh irpeecleaigviicn gS tdautee nsohtailcle poefr mitth eitrh e lmoacianttieonna nacned atnhde rienptleancteimoenn tt oo fr epsauiceh osra bles replace them.
Article 52
1. Subject to article 53 and without prejudice to article SO, ships of
all States enjoy the right of innocent passage through acchipelagic waters, in
2. The archipelagic State may, without discrimination in form or in
areas passage suspension
is essential 'for the protection of its security. Such suspension shall take
effect only after having been duly published.
archipelaqic thereab1.o ve,A n sauricthaibpleel afgoirc tShtea tceo nmtaiyn udoeuss igannadt ee xspeead iltainoeuss apnads saaigre roofu tfeosr eign ships and aircraft through or over its archipelagic waters and the adjacent
territorial sea.
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416 United Nations Series • Nations Unies Recueil des Trait~s 1994
'4, The r~gime of archipelagic sea lanes passage established in this
Peart 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, resources contained therein.
Article 50
Delimitation of internal waters
and Article 5l
Existing agreements, traditional fishing rights and existing
submarine cables
I. 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
them, Such rights shall not be transferred to or shared States or their nationals.
2. An archipelagic State shall respect existing submarine cables by other States and passing. through its waters without making a landfall. An
archipelagic State shall permit the maintenance and replacement of such cables
upon receiving due notice of their location and the intention to repair or
replace them.
Article 52
Right of innocent passage
l. Subject to article 53 and without prejudice to article 50, ships of
all States enjoy the right of innocent passage through archipelagic waters, in
accordance with Part II, section 3.
2, 'The archipelagic State may, without discrimination in form or in
fact among foreign ships, suspend temporarily in specified areas of its
archipelagic waters the innocent.passage of foreign ships if such suspension
is essential for the protection of its security. Such suspension shall take
effect only after having been duly published.
Article 53
Right of archipelagic sea lanes passage
l. 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.
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1994 — Treaty — Traités 417
«njoy the archipelaçic in laraeo soutes.
Aechipelagie Convention sights and normal solely for the of continuous^ unobstructed b*tw««n one past of the high or an exclusive econenie and another
the high seas eeon«aic coûtes traverse arcfeipslagic waters
and shall ail passage soutes
aa@d coûtes for international through' oe over arcAipslaglc and; within..such rout s B concerned f manual similar convenience between the same ana exit not necessary.
ale ntinuous axis lines fro» pointa to arehipelagis deviate nsore Miles Unas etating
such shall, navigate the than 10 points on islands the sea lane.
ta arehipslagie ay schemes passage in sueh lanes.
7. ioi nay, eiccwwstances require» dae or ch nes previously or peescribfed lanes scheme* shall generally 9. schemes» affdhipalagic Stats ooapatent organisation adoption» She organisation «ay ana traffic scheme» nay archipelagic asehipelagie State nay designates the».
10» Bie aschipelagic indicate and traffic OK due 11._ Ships in shall lanes 12. sautesi fche right arehipelaglc aea tan«s «ay through normally used navigation.
Vol. 1833, 1-31363
1994 United Nations Series • Nations Unies - Recueil des Trait~s 2. All ships and aircraft snjoy the right of archipelagic sea lanes
pasaege ln such sea lanes and air routes,
3. Archipelagic sea lanes passage means the exercise in accordance with
this Convention of the rights of navigation overflight in the normal mode
solely fox the purpose or continuous, expeditious and unobstructed transit
between one part of the high seas or an exclusive economic one and another
part of the high sea8 or an exclusive economic zone.
4. Such sea lanes and air routes shall reverse the archipelaglc waters
and the adjacent territorial sea nd shell include all normal passage routes
used as routes far internaclonal navigation or overflight though ox 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
necessaty%
5. Such sea lanes and air routes shall be defined by a series of
continuous axis lines from the entry pointa 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 iines during
passage, provided that auch ships and aircraft shall not malgate closer to
the coasts than l0 per cent of the distance between the nearest pointe on
islands bordering the sea lane.
6. An archipelagic State which designates sea lanes under this article
may also prescribe traffic separation chemes for the safe pessage of ships
through narrow channels dn such sea lanee.
An archipelagic State may, when circumstances require, after giving
due publicity thereto, substitute other sea lanes ox traffic separation
achenes for any sea lanes or traffic separation echens previously designated
or prescribed by it.
8. Such sea la n es and traffic separation schemes stall conform to
generally accepted international regulations.
9% In designating or substituting sea lanes or prescribing or
substituting traffic separation schemes, an archipelagic S&ate shall refer
proposals to the competent international organization with a view to their
adoption he organization may adopt only such sea lanes and traffic
separation schemes as may be agreed with the archipelagie State, after which
the archipelagic Stat may ~designate, prescribe or substitute them.
10. 'he archipelagic State shall clearly indicnte the axis of the sea
lanes and the traffic separation schemes designated or prescribed by it on
charts to which ue publicity shall be given.
ll. 'Ships in archipelagic sea lanes passage shall respect applicable
sea ianes and traffic separation schemes established in accordance with this
article.
l2. If an archipelagic State does not designate @em lanes or air
routes, the rlght of archipelagic sea lanes pasaage nay be exercised through
the routes normally used for international navigation,
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Article 54 Duties of and ai^tcraft_guting. .th.eir_Bg!ggagej_tggearch_
and survey activities, duties of the archlpelaqlc State ana
laws and regulation^ ^f^the^atohipeiagig^Stata to
sea lanes
Articles 38, 40, and 44 apply mutatis. mutandis to arehipalagie s@a lanes passage.
PAKT v
EXCLUSIVE ECONOMIC ZONE
Agtiglg_5S
Specific regjlme^of^the ^xcluaiye economic^ _i3gag-
She «stelusive economic zone is an area beyond and adjacent to the
territorial sea, subject to the specific legal' r gime established in this
Pa ftp under which the rights and jurisdiction of the coastal State ana the
rights and freedoms of other States are governed by the relevant provisions of
this Convention.
Article 56 Rights,, jurisdiction and ifeti.ea of the coastal State in the
exclusive economic zone
1» In the exclusive economic zone, the coastal State hast
(a) sovereign rights for the purpose of exploring and exploiting;
conserving and managing the natural resources, whether living OE
non-living, of the waters super jacent to the sea-bed and of the
sea-bed 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) Cjounrviesndtiicotni owni tahs prreogvairdde dto sfor in the relevant provisions of this
(i) the establishment and us@ of. artificial islands, installations
and structures;
(ii) marine scientific research}
(iii) the protection ana preservation of the marine environment;
(c) other rights and duties provided for in this Convention.
2. und«r Convention in the exclusive economic zone, the coastal State shall have due
regard ana States nannee
in b@a subsoil ii* United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 54
puties pf ships and sircraft uring their passage, research
and survey activities,duties pf the archipelagig State an
laws en regulations of te archipelagic state relating to
archipelagic sea lanes passage
Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic see
PART V
EXCLUSIVE ECONOMIC ZONE
Article 55
Specifig legal rgime of the exclusive economic zone
The exclusive economic zone is an area beyond and adjacent to the
territorial sea, subject to the specific legal r~gime established in this
art, under which the rights and jurisdiction of the coastal State and the
rights and freedoms of other States are governed by the relevant provisions of
this Convention.
Article 56
Rights,jurisdiction and duties of the coastal State in the
exclusive economnic zone
l, 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 super]acent to the sea-bed and of the
sea-bed 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;
jurisdiction as provided for provisions Convention with regard to
(i) the establishent 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.
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 Statea and shall act in a manner
compatible with the provisions of this Convention.
3. The rights set out this article with respect to the sea-bed and
subsoil shall be exercised in accordance with Part VI.
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1994 ______ — » — Recueil Traités ______ 419
Bread th
Si»« exclusive conomie sone nautical miles
fro» the baselines from srea th sea is measured.
1. In exclusif eonoiiie BOM» «Aether relevant freedoms referred §7 ana of- laying submarine pipelines? th e uees these CreadoiM, operation ships, subiiaiin» ecapatible Hi to conomie zone so us incotapatible
sights exclu* ive zone,, regard to duties lawa this Convention and law ao far as they are not
incompatible with this Part.
Basis ._gf_ _o£
caass where coastal ta otttw th« tlse interests States, b« ciccumetaneea, til* ecMaunity me » whols»,
1. ax.elusiva econoHic sonec autteriss and us s
(a) artificial iilandsf
structusee SS fieoncasie
c) installations atosjctutea «ay interface coastal son .
1-United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 57
Breadth o£ the exclusive economic zone
The exclusive economic zone shall not extend beyond 200 nautical miles
from the baselines fro which the breadth of the territorial sea is measured.
Article 58
Rights gnd duties of other states
in the exclusive economic zone
l. the exclusive economic one, all States, whether coastal or
land-locked, enjoy, subject to the relavant 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 thee freadoms, such as those associated with the
operation of ships, aircraft and submarine cables and pipelines, and
competible with the other provisions of this Convention.
2. Articles 88 to ii5 and other pertinent rules of international law
apply to the exclusive econoni« sane in 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 ragard to the
rights and uties of the coastal State and shall comply with the lava and
regulations adopted by the coastal State in accordance with the provisions of
this Convention and other rules of international law in so far as they are not
incompatible with this Part.
Article 59
sis for the resolution pf conflicts regarding the
attribution pf rights mn jurisdiction in the exclusive
econondc zone
In cases where this Convention dces not attribute rights or jurisdiction
to the coastal State or to other States within the exclusive economic zone,
and a conflict arises between the intarests of the coastal State and any other
State or Btates, 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,
Article6g
Artificial islands,installations sn_ structures in the
exclusive econoalc zone
l. In the exclusive economic zone, the coastal State shall have the
exclusive right to construct and to authorise andd regulate the construction,
operation and use of
(a) artificial islands
(b) installations and structures for the purposes provided for in
article 56 and other econoaic purposes
(c) installationa and structures which may interfere with the
exercise
of the rights of the coastnl State in the zone.
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— Treaty — Recueil Traités 1994
Sfee ««elusive and structures» to fiscal » health , and iwmige&tion 'laws ana 3. such islands, or and !»ans which
aea abttadoz&ed oc taking into «acoourat IK this organisation. Sueh feava'due regarni th« «ffiviiresiBient eights of States, appropriate to position oe
not removed.
"She atones suck islands, way oC
islands^ structur e.
Mue zonas State» talcing ensure Islands, structures^ ««seed $00 n«tras then? aeasueed ftom «ach ot sac-apt authorised cacosHended organisation. shall tte garas.
Ml genes generally islands, ancl t&« them nay not established £Ssa ua@ o£ cecagniaed lane» §<. islands; islands. Ttiey mm, presence fehe delimieation sea, eueclusiv» iion« contid«ntal 1. 'Rs® detsniine t e the
r«e ure « «solus ive zona.
The aeeo-jnt ths and appropri t , the
organisations, subregional*
420 United Nations Treaty Series • Nations Unies Recueil des Trait~s 2. The coastal State shall have exclusive jurisdiction over such
artificial islands, installations structures, including jurisdiction with
regard customs, fiscal, health, safety immigration lsws and regulations.
3, Due notice must be given of the construction of auch artificial
islands, installations or structures, and permanent means for giving warning
of their presence must be maintained. Any installations or structures vhich
are abandoned or disused shall be removed to ensure safety of navigation,
taking Ante 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 other States. Appropriate publicity
shall be given eo the depth, poaition and dimensions of any installations or
structures nct entirely zemoved.
4. The coastal State may, where necessary, establish reasonable safety
zones around such artificial islande, 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 enaure 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
hall 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 island, installations, structures and safety
zones.
7. Artificial islands, installations and structures and the safety
ones around the may be establishad where interference may be caused to
the use ot recognised sea lanes essential to international navigation.
8. Artificial islands, installations and structures do not possess the
status of ialands. They have no territorial sea of their own, and
their
preasnce does not affect the delimitation of the territorial sea, the
exclusive economic zone or the continental shelf.
Article 6l
Conggration pf the jiving_resources
l. The coastal State shall determine the allowable catch of the living
resources in its exlus!ve economic zone.
2. Th~ coastal State, taking into account the best scientific evidence
available to it, shall ensure through proper conservation 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 co-operate to this end.
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3. Such measures shall also be designed to maintain or restore
maximum
sustainable yield, as qualified by relevant environmental and economic
o£ special requirements of developing States, and taking into account fishing
patterns, the interdependence, of. stocks, ana any generally recommended
harvested species with a view to maintaining OK restoring populations of such
associated or dependent species above levels at which their reproduction may
effort,
be contributed and exchanged on a regular basis through competent
os appropriate and with participation by all States concerned, including States
a one,,
Article 62
living resources
1. 61.
2. zone, have the capacity to harvest the entire allowable catch, i't shall, through
agreements or other arrangements and pursuant to the terms, conditions, 4, surplus of the allowable catch, having particular regard to the provisions of
articles 69 and 70, especially in relation to the developing States mentioned
3. In giving access to other States to its exclusive economic zone
under this article, the coastal State shall take into account all relevant
the area to the economy of the coastal State concerned and its other national
interests,'the pact th to hav«
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.'
2rteil«astee ,l awisnt earn d alrieag,u lattoi otnhse fsohlallolw ibneg :consistent with this Convention and may
(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
fini shtihneg fiiendluds torfy }financing, equipment and technology relating to the
Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 421
3. Such measures shall also be designed to maintain or restore
populations of harvested species at levels which can produce the maximum
sustainable yield, as qualified by relevant environmental and economic
factors, including the economic needs of coastal fishing communities and the
special requirements of developing States, and taking into account fishing
patterns, the interdependence.of. stocks and any generally recommended
international minimum standards, whether subregional, regional or global.
4. In taking such measures the coastal State shall take into
consideration the effects on species associated with or dependent upon
harvested species with a view to maintaining or restoring populations of such
associated or dependent species above levels at which their reproduction may
become seriously threatened.
5. Available scientific information, catch and fishing effort
statistics, and other data relevant to the conservation of fish stocks shall
be contributed and exchanged on a regular basis through competent
international organizations, whether subregional, regional or global, where
appropriate and with participation by all States concerned, including States
whose nationals are allowed to fish in the exclusive economic zone
Article 62
Utilization of the living_resources
I. The coastal State shall promote the objective of optimum utilization
of the living resources in the exclusive economic zone without prejudice to
article 6l.
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, l't shall, through
agreements or other arrangements and pursuant to the terms, conditions, laws
and regulations referred to in paragraph 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 econ# r 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 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 Alig, to the following+
(a) licensing of fishermen, fishing vessels and equipment, including
payment of fees and other forms of remuneration, which, in the of developing coastal States, may consist of adequate compensation
in the field of financing, equipment and technology relating to the
fishing industry
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of
o£ nationale period;
(c) regulating seasons ana areas of fishing, the types, sizes and
used;
(d) mfaiyx ibneg ctahueg hatg;e and size of fish and other species that
e) reports»
f) data;
g) State;
State;
if arrangements;
research;
Ar_ticle_63
Stocks occurring within the exclusive economic zones of two and and 1. Hhere within
co-ordinate «nature
oth«c
within t heW heexrcel ustihev e seamceo nsotmoicck zoorn e satnodc ksi no fa n aasrseoac ibateeydo nds paencdi esa dojcaccuern t botto h the
azroenea, shtahlel csoeaeskt,a le iStthaetre dainrde ctthley Sotra tetsh rofuigshh inagp prfoorp risautceh ssutborckesg ioinna lt hoer adjacent
croengsieornvala toirogna noifz atthieosnes ,s totcok sa griene tuhpe ona djtahec emneta saurreae.s necessary for the
Vol. 1833, 1-31363
422 United Nations Treaty Series • Nations Unies Recueil des Trait~s (b) determining the species which may be caught, and fixing quotas 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
and types, amount of gear, and the types, sizes and number of fishing vessels
that may be used
fixing the age 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
co-operative arrangements
(j) requirements for the training of personnel and the transfer of
fisheries technology, including enhancement of the coastal
State's capability of undertaking fisheries research
(k) enforcement procedures.
5. Coastal States shall give due notice of conservation and management
laws and regulations.
Article 63
Stocks occurring within the exclusive economic zones of two
or more coastal States or both within the exclusive economic
zone gnd in an area beyond an adjacent to it
l, here 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 coo- rdinate 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 zone, the coastal State and the States fishing for such stocks in the 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.
Vol. 1833, I-31363
1994 — — Recueil Traités Highly mAirgtriactleo ry64 species
1. The coastal State and other States whose nationals fish in the
driergieocnt lyfo ro r thteh rhoiugghh lya pmpirgorpartioartye sipnetceirensa tiloinsatle d orign aAnninzeaxt ioI nss hwailtlh coa- ovpieerwa tteo ensuring conservation and promoting the objective of optimum utilisation of
escuocnh omsipce cigeonse .t hroInu ghroeugti ontsh e forre giwohni,c h bnotoh awpiptrhoipnr iaatned bienytoenrdn atthieo neaxlc loursgiavnei sation
exists, the coastal State and other States whose nationals harvest these
psapretciiceisp aitne thien rietgs iwoonr ks.hall co-operate to establish such an organisation and
provisi2.o ns Tohfe ptrhoisv isPairotn.s of paragraph 1 apply in addition to the other
MaArritniec lmea m6m5a ls
competeNnocteh iongf ainn tihnitse rPnaartti onraels torrigcatnsi ztahtei orni,g hats o fa pap rocporaisattael, Sttaot epr oorh ibtihte, limit or regulate the exploitation of marine mammals more strictly than
provided for in this Part. States shall co-operate with a view to the
pcaorntsiecruvlaatri onwo orkf mtahrrionueg hm atmhmea lasp praonpd riian tet hei nctaesren aotfi oncaelt acoeragnasn izsahtaillo nsi n Cor their
conservation, management and study.
ftnaAdrrtoaioculse s6t6o cks
primary1. inSttearteesst iinn wahndo ser esrpiovnesrsi bianlaidtryo mfoour s ssuctho cksst ocokrsi.ginate shall have th«
2. She State of origin of anadromous stocks shall ensure their
conservation by the establishment of appropriate regulatory measures foe Sialiing in all waters landward of the outer limits of its exclusive economic as£otn*sf ana foe fishing provided for in paragraph 3(bK The State of origin may, consultations with the other States referred to in paragraphs 3 and 4
fishing these stocks, establish total allowable catches for stocks originating ill its rivers.
3. (a) Fisheries foc anadromous stocks shall be conducted only in
waters landward of the outer limits of exclusive economic zones,
in would cesult in economic foc of origin. With respect such fishing beyond the outer limits of the exclusive economic zone, States concerned shall maintain consultations with a
view to achieving agreement on tens and conditions of such fishing due regard to the conservation the needs of
the (b) The of origin co-operate in minimizing economic such other fishing stocks, taking into
account the normal operations of such States, occurred.
Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 423
Article 64
Highly migratory species
l, The coastal State and other States whose nationals fish in the
region for the highly migratory species listed in Annex I shall co-operate
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 organisation
exists, the coastal State and other States whose nationals harvest species in the region shall co-operate to establish such an organisation and
participate in its work.
2. The provisions l apply provisions of this Part.
Article 65
Marine mammals
Nothing in this Part restricts the right of a coastal State or the
competence of an international organization, as appropriate, to prohibit,
limit or regulate the exploitation of marine mammals more strictly than
provided for in this Part. States shall co-operate with to conservation of marine mammals and in the case of cetaceans shall in
particular work through the appropriate international organizations for Article 66
Anadromous stocks
1 States in whose rivers anadromous stocks originate shall the
primary interest in and responsibility for such stocks.
The State of origin of anadromnous 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
sone and for fishing provided for in paragraph 3(b). 'he 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
ih its rivers.
3, (a) Fisheries for anadromous stocks shall be conducted only in
waters landward of the outer limits of exclusive economic ones,
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 a
view to achieving agreement on terms and conditions of such fishing
giving due regard to the conservation requirements and the needs the State of origin in respect of these stocks.
(b) The State of origin shall co-operate 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.
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424 — — Recueil Traités 1994
(c) States referred to in subpacagraph (b) , participating by
its (d{ stocka State
anadroaoue landward titan tns such 5. fehece stocke of this Article_Catadromoue 1. eatadromous greater part, of oC fish.
eatadromous landward limita zones. Sfflien exclusive conomie other ssones.
3. eatadromous fiais as management, such 1 ana tha otber State ssantioaed 1 Sege_ntary_isgggieg_
Pact spades of land-locked States
1. tise «teluaiva economic sones Statetii th«
mnâ
SI 62,
euefa by eubcegional agreaments
account , alias
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s (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 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 co-operate with the State of origin
with regard to the conservation and management of auch stocks.
5, The State of origin of anadromous stocks and other States fishing
these stocks shall make arrangements for the implementation of the provisions
of this article, where appropriate, through regional organizations.
Article 67
Catadromoug species
l, 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
of the outer limits of exclusive economic zones, When conducted in
exclusive economic zones, harvesting shall be subject to this article and the
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 aa juvenile or maturing fish, the
management., including harvesting, of sch fish shall be regulated by agreement
between the State mentioned in paragraph l and the other Skate concerned.
Such agreement shall ensure the rational management of the species and take
into account the responsibilities of the State mentioned in paragraph l for
the maintenance of these species.
Article 68
Sedentary spci@g
This Part does not apply to sedentary species as defined in article 77,
paragraph 4.
Article 69
Right pf landlocked S&ates
l. 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 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 6l and 62%
2. The terms and modalities of such participation shall be established
the States concerned through bilateral, subregional or regional agreements
taking into account, inter al±at
Vol. 1833, I-31363
1994 — — Recueil Traités a) the need to avoid effects detrimental to fisbing eonmiunlties fishing Industries o£ the coaetal State»
(b) extent to whlefa the land-locked State» in accordance with the
participate under existing bilateral, «ubragional or regional
exclusive
economic sonss of other coastal States}
(c) the eKtent to which othsr iana-loeked States ,and geographically
disadwantagad States ar« participating in the exploitation of the
aone n«ed tot single coastal State or a part of it»
d) population* States..
3. Wh«n the harvesting capacity coastal appeoaehea point
which would enable it to harvest the entir allowable catch of the living
resources enclusive conomie oth«r States
concerned on a
bilateral, subregional os regional basis to allow for participation of
developing land-looked States of the same eubeegion or region in the
exploitation conomie sones coastal States of the sufoeegion or region; as may be appropriate in the
circumstances and on terms satisfactory to all parties. In the Implementation
«hall be into account.
4. 0w@lop d land-locked States stall, under the provisions of this
8etie3, ir be entitled to participate exploitation living resources
eniy in tt exeluaive ecanctelc xon«a of developed «castel states of the- same
os region having regard to the extent to which the coastal State, in
access to other States to the living nsources o£ its exclusive
economic tone, has taken into account the naed to minimize detrimental effects
on fishing eomunittss and economic dislocation in States whose nationale have
itabituallj fished in the sone.
5. 3!h« above provisions ac@ without pcejudice to upon in subrogions or r gions whare the coastal States grant to
land-lee*»S o£ subxegion ox sights foe th exploitation of the living resources in the exclusive economic
sane .
Mght^pf geogratfiicaliy diBadyantagea States
disa vant ged participate? an basis* in th»s ttte «commie ^ones coastal States subr«gion r«lavant circwistaDC@e ana eonfoemity 61 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 425
(a) the need to avoid effects detrimental to fishing communities or
fishing industries of the coastal States
tb} the extent to which the land-lacked 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 S&ates 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 oaf the living
resources in its exclusive economic zone, the coastal State and other States
concerned shall co-operate in the establishment of equitable arrangements on a
bilateral, subregional or regional basis to allow for participation developing land-locked States of the subregion ox 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 ahall also he taken
into account.
4. Doveloped 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 ones 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 Statea 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, he 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
$0nee%
Article 70
Right_ of geographically disdgntaged States
1. Geographically disadvantaged States shall have the right to
participate, on en equitable basis, An the exploitation of an appropriate part
of the surplus of the living resources of the exclusive economic zones of
coastal Btates 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 6l and
62.
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426 ______ — » — Recueil Traités ______ 1994
a. POE purpose this geographically M«ns coastal States,- semi-enclosed 86*8; snakes then o£ lining o£ economic; lones subgegion os of «s£ pacts thereof; ana exclusive zones o£ theie own*
3. Tte ana States subeegionai Inter alias
a) detrinantal communities th« State)
Jb) th« estent disadvantage «eeogaarase article , is 01
is «elusive SOB S other States;
e) otter State» «r resources «eononic cone State th« eonssqwwnt ox it;
d) 4. when of entice zone* States
&
subregioraal basie at
sane euploifeation economic: at ciECunatances tens this di «advantaged und«r tfes sones States?, aubregion «eonoaic th nsed Sse are geographically disadvantage th« zones.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 2. For the purposes of chis 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 fish for the nutritional purposes
of their populations or parts thereof, and coastal States which can claim no
exclusive economic ones of their own.
3, The terms and modalities of such participation shall be established
by the 8tates concerned through bilateral, subregional or regional agreements
taking into account, Anter al±er
(a) the need to avoid effects detrimental to fishing comuunities or
fishing industries of the coastal State
(b) the extent to which the geographically disadvantaged State, in
accordance with the provisions of this article, participating or
entitled to participate under existing bilateral, subregional or
regional agreements in the exploitation of living resources of the
exclusive economic zones of othx coastal States?
(c} the extent to which other geographically disadvantaged States and
land-locked States are participating in the exploitation of the
living resourcea of the exclusive economic sone of the coastal
Btate 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 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 co-operate 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 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 zone8.
Vol. 1833, 1-31363
1994 — Treaty — Recueil Traités Artigle_71
Mon-<ggljLcjJailitY_glE_«rticl»» 69 and 70
'tkf! of articles S9 70 do sot apply th« ess* a
State overwhelmingly dependent on the exploitation of
the lining economic gone.
Artig_le__7_2 on transfer, of rights,
1. Eights articles 69 70 to exploit living shall not be directly oc indirectly transférées to third States or their by leans sstablishiKcj or in any of such transfer unless States concerned.
2. fh@ from from international
organisations to facilitate of the pursuant ana hav® the to 1» B»a coastal Stats Eights eonseitva ana exclusive
s,aa& f sue!» measures^ boarding» ana
judicial procee .tngs, ay nseessary compliance the laws
' regulations adopted by conformity Convention.
2. Arrested vessels «ad released «pon posting of bond other 3. Stats ana
the eoonomic inprisoniaant , th« the contrary by or aay other forn S eorporal pmiateent.
4. Its foreign' peoaptly notify fe&e State , channels, taken of subseguantly 1. d*linitation eaelusiire econoiaie ^one bstween Stataa OE «hall agree«snt the 1 law» eefetred Article of Coast Justice,, solution.
If agreement be eeaeted tiise,
the concerned resoet Passfc XV,
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United Nations Series • Nations Unies Recueil des Trait~s
Article Non-applicability of articles 7g
427
The provisions 69 and not in the case of. a
coastal whose economy is living resources of its exclusive zone.
Article 72
Restrictions transfer of rights
l. Rights provided under articles 69 and 70 to exploit living resources
shall not be directly or indirectly transferred to third States or their
nationals lease or licence, by establishing joint ventures or in any other
aanner which has the effect of such tranafer unleas otherwise agreed by the
States concerned,
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 l.
A±icla 73
kRfzcggeng pf lgwg gnd regulations gf jhg goastal stgte
1. The coamtal S&ate may, in the exercise of its sovereign rights to
explore, exploit, conserve and manage the living resources in the excluaive
economic zone, take such measures, including boaring, inspection, arrest and
judicial proceedings, as may be necessary to ensure compliance with 1awa
and regulationa adopted it in conformity with this Convention,
2. Arreated vessels and their crews shall be promptly rel@aed upon the
reasonable bond or othear security.
3, Coastal State penalties for violations of fisheries laws and
regulations in the exclusive econcuic zone may not include imprisomsent, in
the absence of agreementa to the contrery b the States concerned, ox any
other form of corporal punishment.
4, In cases of arrest or detention of forelgn vessels the coastal State
shall goptly notify the flag State, through appropriate chennel, of the
action taken and cf any penalties subsequently imposed.
Article 7¢
Delimitation of the exclusive econoaic zone between States
ith opposite pg adjacent gogsts
2, 'he delimitation of the exclusive econodc zone between Ste 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 cf 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,
States coacermed shall resort to the procedures provided for in Part XV.
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— — Recueil Traités 1994
3. Fen ing as tot I» conceene , in a spirit of and aaks evary
Into provisional arrangeaient «nd,
etoing period» jeog«r ls« os ha«p«E csaefeiag the agreewent, 'Suoh arrangements delimitation.
4» Where there aa is focce qdueetsetrimoinnse dr elating the delistltafeioa econosnie be In provisions f agE«swent»
1. to Parts oat.ee liait lines the exclusive eoonoaic z n« deli»itation drawn aeeorfanee with article oc scales foe their eo-oedinates point»» opgelfylng «Sate», nay substituted foe such liait
lines or lines of delimitation.
2. The coastal State shall give due publicity to such charts or lists
of geographical co-ordinates and shall deposit a copy of each such chart or
list with the Secretary-General of the United Nations.
PART VI
CONTINENTAL SHELF
Article 76
Definition of the continental shelf
1. The continental shelf of a coastal State comprises the sea-bed and
subsoil of the submarine areas that extend beyond its territorial sea
tthher ocuognhtoiutn entthea ln maatrugrianl, porro lotno gaa tidoins toafn cei tosf la2n0d0 ntaeurtriictaolr ym itloe st hef rooumt etrh ee dge of
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.
limits 2. p rovTihed ecdo nftoir neinn taplar asghrealpfh so f 4 a t'oc o6a.stal State shall not extend beyond the
3. The continental margin comprises the submerged prolongation of the
land mass of the coastal State, and consists of the sea-bed 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
mwahrigchi n tehxet ebnrdesa dtbhe yoonfd t2h0e0 tnearurtiitcoarli amli lseesa ifsr omme atshuer ebda,s elbiyn eesi thferro!m
(i) a line delineated in accordance with paragraph 7 by reference
to the outermost fixed points at each of which the thickness of
dsiesdtiamnecnet arfyr omro cskusc h ips oiatn t letaos tt he1 pfeoro t coefn t tohfe ctohne tisnheonrttaelst slopei or
428 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 3, Pending agreement aa provided for in paragraph l, the States
concerned, in a spirit of understanding and co-operation, shall make every
effort to enter into provisional arrangements of a practical nature and,
during this transitional period, not to jeopardize or hanper the reaching of
the final agreement, Such arzageents shall be without prejudice to the
final delimitation,
6. Where there is en agreement in force between the States concerned,
questions relating to the delimitaion of the exclusive economic one shall be
determined in accordance with the prowisions of that agxeoment.
Article 75
_hgrts an iigts pf gecgrg~tc pg-gginateg
1, Subject this Part, the outer limit lines of the exclusive
economic zone and the lines of elimitation draw in sacordunce wtth article
74 shall be shown on charts of a scale or acales adequate fox ascertaining
position. Whee appropriate, lists of geographical co-ordinates of
points, specifying the geodetic ~a&m, may be substitute {or such outer im!t
lines or 2nas of delis!tat4on.
PART VI
CONTINENTAL SHELF
l, throughout the natural prolongation of its land territory to the outer edge the continental margin, or to a distance of 200 nautical miles from the,
The continental shelf of coastal provided for in paragraphs to 6.
shelf, (a) margin extends beyond 200 nautical miles from the baselines from
which the breadth of the territorial sea is measured, by either
sedimentary rocks is at least l per cent of the shortest
distance from such point to the foot of the continental
slope Vol. 1833, I-31363
1994 — — Recueil Traités 429
ii) r f ren a
miles the foot
(b) (a) i)
nd ii), th«
miles
are'natural
fixed
1. eights resources.
1 sense
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s (ii) a line delineated in accordance with paragraph 7 by reference
to fixed points not more than 60 nautical from 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 sea-bed, 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 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 points, defined by co-ordinates of latitude and longitude.
8. Information on the limits of the continental shelf beyond 200
nautical miles from the baselines from which the breadth of the territorial
sea is measured shall be submitted by the coastal State to the Commission on
the Limits of the Continental Shelf set up under Annex II on the basis of
equitable geographical representation. The Commission shall make
recommendations to coastal States on matters related to the establishment of
the outer limits of their continental shelf. The limits of the shelf
established by a coastal State on the basis of these recommendations shall be
final and binding.
9. The coastal State shall deposit with the Secretary-General of the
United Nations charts and relevant information, including geodetic data,
permanently describing the outer limits of its continental shelf. The
Secretary-General shall give due publicity thereto.
10. The provisions of this article are without prejudice to the
question of delimitation of the continental shelf between States with opposite
or adjacent coasts.
Article 77
Rights of the coastal State over the continental shelf
l. 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 l are exclusive in the 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.
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430 — — Recueil Traités 1994
depend 4. The natural resources referred to in this Part consist of the
and. with living organisms belonging to sedentary species, that is to say,
sea-subsoil.
Article 78
of superjacent and and freedoms of other States
1. 2. shelf must not infringe or result in any unjustifiable interference with
on ahelt
1. ana .on and ths
cablas foe 5. pipelines. structur e
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 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 sea-bed 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
sea-bed or are unable to move except in constant physical contact with the
sea--bed or the subsoil,
Article 78
Legal status pf the superiacent waters and air space an the
rights and freedoms of pther States
l. The rights of the coastal State over the continental shelf do not
affect the legal status of the superjacent waters or of the air space above
those waters.
2, 'The exercise of the rights of the coastal State over the continental
shelf must not infringe or result in any unjustifiable interference with
navigation and other rights and freedoms of other States as provided for in
this Convention.
Article 79
Submarine cables and pipelines pn the continental shelf
I. All States are entitled to lay submarine cables and pipelines on the
continental shelf, in accordance with the provisions of this article.
2. Subject to its right to take reasonable measures for the exploration
of the continental shelf, the exploitation of its natural resources and the
prevention,' reduction and control of pollution from pipelines, the coastal
State may not impede the laying or maintenance of such cables or pipelines.
3. The delineation of the course for the laying of such pipelines on
the continental shelf is subject to the consent of the coastal State.
4. Nothing in this Part affects the right of the coastal State to
establish conditions for cables or pipelines entering its territory or
territorial sea, or its jurisdiction over cables and pipelines constructed or
used in connection with the exploration of its continental shelf or
exploitation of its resources or the operations of artificial islands,
installations and structures under its jurisdiction.
5, When laying submarine cables or pipelines, States shall have due
regard to cables or pipelines already in position. In particular,
possibilities of repairing existing cables or pipelines shall not be
prejudiced.
Article 80
Artificial islands, installations and structureg
on the continental shelf
Article 60 applies mutatis mutandis to artificial islands, installations
and structures on the continental shelf.
Vol. 1833, I-31363
1994 — — Recueil Traités 431
81
th miles.
1. 2. The payments and contributions shall be made annually with ox 1 site. by1 1 4. with
1. s.ae XV.
3. 1, States
concerned, make every
af fort reaching of
agreement. the concerned;
questions Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article 8l
Drilling on the continental shelf
The coastal State shall have the exclusive right to authorise and
regulate drilling on the continental shelf for all purposes.
Article 82
Payments and contributions with respect to the exploitation
of the continental shelf beyond 200 nautical mileg
I, 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.
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 l per
cent of the value or volume of production at the site, The rate shall
increase by' l per cent for each subsequent year until the twelfth year and
shall remain at 7 per cent thereafter. Production does not include resources
used in connection with exploitation.
3. A developing State which is a net importer of a mineral resource
produced from its continental shelf is exempt from making such payments or
contributions in respect of that mineral resource.
4, The payments or contributions shall be made through the Authority,
which shall distribute them to States Parties to this Convention, on the basis
of equitable sharing criteria, taking into account the interests and needs of
developing States, particularly the least developed and the land-locked among
them.
Article 83
Delimitation of the continental shelf between States with
opposite or adjacent coasts
l. 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,
ae States concerned shall resort to the procedures provided for in Part XV,
3, Pending agreement as provided for in paragraph l, the States
oncerned, in a spirit of understanding and co-operation, shall make every
ffort 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 States concerned,
relating to the delimitation of the continental shelf shall be
determined in accordance with the provisions of that agreement.
Vol. 1833, I-31363
432 — Treaty » — Recueil Traités ______ 1994
1. tails Port, liait £ the eentis«Bfeal shelf
and o£ aeoordano» S3 shown oil » scale oe ad quats tot ascertaining tteie
«her» lists of g«ogira|phieal co~<srai»ate« of g«od@tis datum* such Unit lines
linsa 2. giv« ehaeta as list»
ef ao~orainat«is ana m eaeh sedt diart os
Saccetaey-Geiteral Onlted Mations and. in tte casa @
fehos » Bhotting linen o£ th« ehelf,, tha
Secretary-General th@ Fart aoee pr judice eight ite State «sspleit
the mean 'irrespective of of water abov«
tha PMW TOI
HIGH
8ECTIOH GMEBM. EB0VXSIDMS
ot iiiU>iaiiiiiBari t
'Bis |>eovisions of this Fart apply to all parts o£ tfo,e sea tliHt it;« not
in the eseelusi^e economic jsors®, in tha territorial o«a or in tte
intevnal waters of State , or in the arettipei&gie wat«cs of an
State. 'Shin article do«s not entail any abridgement of the
by all States in th@ exclusive economic sone in accordance with acticl« 5a»
Xh« high «@as ar« open to all States; whether coastal OK
freedom of the hifh seas is exercised under the conditiong
dtown by this Co»¥«nfeion and by ott«r rules of international law. It
inter alia* both £oe eoastal ana land- locked States?
(a) fireedoa of navigation
»
(b) fceedon of overflighti
Ce) freedom to lay submarine cables and pip«line8 f subject to Past V
(dl to construct «ctiCiaial islands and other instailatiois
pwntittcd wader international law, subject to Part VI
»
C«| fe'®sdoa of fishing; subject to tJsft conditions laid down' in
B«eti©« i
United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article 84
_harts and lists of geographical gopgiptes
i. Subject to this Part, the outer limit lines of &ha continental shelf
and the lines of delimitation drawn in accordance with article 83 shall be
shown on charte of a acale or scales adequate for ascertaining their
position. Where appropriate, liats cf geographical coordinates o points,
specifying the geodetic datum, may be substituted for auch outer limit lines
or Linea of delimitation.
2, 'The coastal State shall give due publicity to such chats or lists
of geographical co-ordinates and shall deposit a copy of each auch chart or
list with the Secretary-General of the united Nations and, An the case of
those showing the outer limit lines of the continental shelf, with the
of the Authority.
Article 85
Tunnel1jng
This Part does not prejudice the right of the coastal Stste to exploit
the subsoil by means of tunnelling, irrespective the depth of water above
the subsoil.
PART VII
IGH SEAS
SECT ION 1. GENERAL, PROVIS IONS
Article 86
pPlication of the provisiong pt this pert
The provisions Part of the that are included exclusive zone, the tarritorisl sa the
internal a Btate, archipelangic waters archipelagic
This does freedoms enjoyed
ali the zone article 58,
Article 87
Freeom of thg high ggag
l. The seas are States, or
land-locked. Freedom high conditions laid
down Convention other 1aw, comprises, inter Ali4, for coastal and States
freedom (b) freedom overflight
(c) pipelines, Part Ip
(d} freadon artificial installations
permttad under (a) freedom fishing, the down sec&ion 2
Vol. 1833, I-31363
1994 ______ — » — Recueil Traités ______ |f I freedoa research» Parts?. ana mx.
2. Sfe@o ejceeoised by e@g«d interacts othee f restai maa? mnd da £@gard Contention aetivitias area.
of the seas. , Cor , gleeful
seas . State i»ay valifily sufojaet anf past seae »
jurticlejj) Bight of State, wi»etfe«E eight flying it» fl«S B»«ry eonditions »mtt,em&iit*f ship , «s right flag, aips ishose ace Xb«£« betw«an tfe« slsipBvecy Statt tfes eight
t Slag doouiiwiiis e£f ct.'
Status of, 1. Aips ssall tmâ, saw; sn*pti@nal @xpcessly oc MW«n%ion f «hftll s@as.
a Bhip ma^ not tfh« oase teanafsr change. of 2, h «hip usirag iuf t o iw«nl@nc«» guartion
wiftb ana Shipn flying the flag of the. Onitjd_!fttion8j_ttB_gBBSi«lli»<l and tt
She ships oInn ttehren aotfifoincali alM osmeirev icKtei corf^ y t£hgee nOcnjiftp e f lHyaitngi ontshec filtasg sopfe citahel iosregda naig«sraatciio«na. th«
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 433
(£} freedom of scientific research, subject to Parts VI and XIII.
2, heae freedoms shall be exercised all States with due regard for
«he interests of other States in their exercise of the freedom of the high
a% and also with due regard for the rights under this Convention with
zopeet to activities in the Area.
Article 88
gestation gf te high seas for peaceful purposeg
The high sees shall be reserved for peaceful purposes.
Article 89
Tvglidit of claims pf sovereignty over the high seas
No Stete may validly purport to subject any part of the high seas to its
sovereignty%
Article 90
Right of navigation
wet Seate, whether coastal or land-locked, has the right to sail ships
flying its flag on the high seas.
Article 91
Nationality_ of ships
1. Every State shall fix the conditions for the grant of its
mationality to ships, for the registration of ships in its territory, and for
the right to fly its flag. hips have the nationality of the State whose flag
they are entitled to fly. There must exist a genuine link between the State
and the nbip»
2. very Stets shall issue to ships to which it has granted the right
to fly its flag documents to that effect.
Article 92
status pf ships
• Ships shall sail under the flag of one State only and, save in
esogtional cases expressly provided for in international treaties or in this
Conant$on, 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,
ave in the oene of a real tzanofer of ownership or change of registry.
2, 3 ship which sails under the flags of two or more States, using them
eceoedAng to convenience, may not claim any of the nationalities in qusatior
tel raspect to any other State, and may be assimilated to a ship without
mt±nsity
Article 93
ghipg flying_the flag_ of the pited Nations; jts specialize
ggencies snd the International Atomic Energy gency
The preceding articles do not prejudice the question of shipa employed
on the official service of the United Nations, its specialized agencies or the
International Atomic Energy Agency, flying the flag of the organisation.
Vol. 1833, I-31363
434 — — Recueil Traités 1994
o£ tfaeiM f Iaqiii 8tate
Svesy natt es fifing flag.
2o ahalls
a) naintein «accept ««eluded few»
on fefaeiir
sises b) unaer natters ship,
3. Bvery Measures ara erasure jlntftg .alia, tos
(a) ships?
b) o£ crews,
instrument !
(c't communications ensurei
a) approptiat
Is by ships,, «quipmfe
instruments safe, shipi
to) @ach ship is affiossrss who
posasse seaiumship,
conn!iunieationi@ aa marins ana th«
erew quali£ication and ntotbers few: typ«,
aquipment of the »
(@) ana, entent tine ocmr
reguir@S th« applicabls
ragulations ra%, feha
prevention» ana s ate l £
marin s»int«nanc« of commun lestions by
5» n tte in paragrajtss Stat*
to to generally international and nee««ssry '
seeue* theie observance»
whid» jurisdiction
eespeet ship bean report state, upon « Investigate end» if. Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article
94
ptieg pf the flgg_ state
1. Every State shall effectively exercise its jurisdiction and
control
in administrative, technical and social matters over ships flying its £lag.
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 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, int@et slia, 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 comaunications and the
prevention of collisions.
4. Such measures shall include those necessary to ensures
(a} that each ship, before registration and thereafter at appropriate
intervals, is surveyed a qualified surveyor of shipe, and has on
board such charts, nautical publications and navigational equipment
and instrunants as are appropriate for the safe navigation
of the ship
(b) that each in the charge of a master and officers vho
possess appropriate qualifications, in particular in seamanship,
navigation, communications and marine engineering, and that the
crew is appropriate in qualification end numbers for the type,
sise, machinery and equipment 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 cf conmunlgat±one radio%
5% In taking the measures called for paragraphs 3 and 4 each State
is required to conform to generally accepted international regulations,
procedures and practices an to take any steps which may be necessary to
secure their observance.
6. A State which has clear grounds to believe that proper and control with respect to a have not been exercised may the
facts to the flag State. Upon receiving such a report, the flag State shall
investigate the matter end, if appropriate, take any action necessary to
remedy the situation.
Vol. 1833, 1-31363
1994 — — Recueil Traités ?, State shall cause an inquiry to be held by or before A suitably
qualified parson or parsons into every marine casualty or incident of
OR the high seas involving & of life ship flying its flag and causing losa or sesioas injury to nationals of another State or serious damage to ships oe installations of another State or to the marine environnent, the
State and the other State shall eo-operat in the conduct of any inquiry held by that other State into any sac!» marina casualty ot incident of
navigation»
of Warships tee high ttave complete immunity Sxom the jurisdiction
any other than the flag State,
serjlse
State used only on government
nois-coBBercial service shall,, the have complete from the of other than the State.
Article 1. the of. concerning a OR th« high «eas, involving the penal or disciplinary
th« or any other whip, against such person flag the peesora national.
IB nattera, the or'a of or alon« ooapetmt, after due legal process, to pronounce the withdrawal of such
certificat », holdss is 'not o£ which 3. No arrest or detention of the ship, even as investigation, shall be ordered by any authorities other than of the
flag State.
Article 98
Duty to render assistance
ao far 1.a s Ehvee crya nS dtaot es os whiatlhlo urte qsueirrei outsh e dmaansgetre r toof thae shshiipp ,f lytih«n gc rietsw ofrl agt,h « in paaaengersi
(a) otfo rbeenidnegr loassts;istance to any person found at sea in danger
(b) dtios ptrreoscse,e d iwfi tihn faolrlm epdo sosfi btlhee irs peneede d toof thaes sirsetsacnucee ,o f ipne rssoo nfsa s ian' E such action may reasonably be expected of him?.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 435
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
shipa or installations of another State or to the marine environment, The
flag State and the other State shall co-operate in the conduct of any inquiry
held by that other State into any such marine casualty or incident of
navigation.
Article 95
fgunity of erships on the high seag
Wer skips on the seas have complete immunity from the of any State other than the flsg State.
Article 96
lgnity_pf ships used only on government non-coercigl
service
Shi.pa owned or operated by a State and used only on government
noncommercial service shall on the high seas, have complete immunity from
the jurisdiction of any State other than the flag State.
Article 97
Feng! jurisdiction in matters pf gollision
pr gny other incident pf navigation
I, 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 cther 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. Xn disciplinary matters, the State which has issued a master's
certificate or a certificate af competence or licence shall alone be
competent, after due legal proceas, to pronounce the withdrawal of such
certificates, even if the holder is not a national of the State which issued
them.
3, No arrest or detention of the ship, even as a measure of
investigation, shall be ordered by any authorities other than those of the
flag State.
Article 98
Duty_to render assistance
l. 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
passenger8t
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
Vol. 1833, I-31363
— — Recueil Traités 1994
«rev
ship call.
Maintenance ana mitual co-operate purpose.
Bvery ths
purpose. ;«£ug@ flag,, ipso facto operate o£_gij:agy
estent state.
101
acts:
a) directed*
aircraft}
li) property State}
«ay ship pirate«ship
aircraft;
e) subparagrapa b) ,
government 'crew She 101, by warship,
oc o£ by private
hip 31363
436 United Nations Treaty Series • Nations Unies Recueil des Trait~s (c) after a collision, to render assistance to the other ship, its crew
and its passengers and, where possible, to inform the other of
the name of his own ship, its port of registry and the nearest port
at which it will call,
2. Every coastal State shall promote the establishment, operation and
maintenance of an adequate and effective search and rescue service regarding
safety on and over the sea and, where circumstances so require, by way of
mutual regional arrangements cooperate with neighbouring States for this
purpose,
Article 99
Prohibition of the transport of slaves
very State shall take effective measures to prevent and punish the
transport of slaves in ships authorized to fly its flag and to prevent the
unlawful use of its flag for that purpose, Any slave taking refuge on board
any ship, whatever its flag, shall ipso facto be free.
Article 100
Duty to co-pperate in the repression pf piracy
All States shall co-operate to the fullest possible extent in the
repression of piracy on the high seas or in any other place outside the
jurisdiction of any State.
Article 10l
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 aircrafts
(ii) against a ship, aircraft, persons or in a place
outside the jurisdiction of any State
(b) any act of voluntary participation in the operation of a or of
an aircraft with knowledge of facts making it a ·ship
or aircraft
(c} any act of inciting or of intentionally facilitating an act
described in subparagraph (a) or (b)%
Article 102
Piracy by a warship, government ship or aircraft
whose crew has mutinied
The acts of piracy, as defined in article l0l, committed a government ship or government aircraft whose crew has mutinied and taken
control of the ship or aircraft are assimilated to acts committed a ship or aircraft.
Vol. 1833, 1-31363
United Nations — Treaty Series « Nations Unies — Recueil des Traités 437
Agtiglg ship, or aircraft
& ship or aircraf t is considered a pirate ship or aircraft if it is
intended fey the persons in dominant control to be used for the purpose of
««sitting one f the acts referred to in article 101. The same applies le the ship or aircraft has been used to commit any the control of the persons guilty of thastu cahc ta.ct, so long as it renains
ltetentiQn_Qr_1068 of the natio_na lity of a pirate ship or
airsgajt
A ship or aircraft may retain its nationality although it has beeane a
pbiyr ate ship or aircraft. The retention or loss of nationality is determined
tt* law of tbe State from which such nationality was derived.
Article 105
Seizure of a pirate_sj>igjgir_aircraf^
On the high seas, or in any other place outside the jurisdiction of any State}' every State may seize et pirate ship or aircraft, or a ship oe aieeeaft
taken by piracy and under the control of pirates, and arrest the persons
seize the property on board. The courts of the State which carried out the
seizure may; decide upon the penalties to be imposed, and «ay also «Seterain
the action to be taken with regard to the ships, aircraft or property, subject
to the rights of third parties acting in good faith.
Article_._l_Q6
Liability for sei»utr^_j>ijbhaiit_adeguatej__grgunds
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 ia possessed by the ship or
aircraft for any loss or damage caused by the seizure.
Ships and aircraft which are entitled to 8eize_on_ _aceount_of
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 authorised to that effect.
Article 108
Illicit traffic in narcotic drugs or pay<&o:trgpjc_jjibgtaneejB
1. All States shall co-operate 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 co-operation of other States to suppress such traffic.
1994 United Nations -Treaty Series • Nations Unies Recueil des Trait~s 437
Article 103
Definition oft pirate ship airersft
ship or aircraft is considered a aircraft it is
intended by the persons in dominant committing of the to in it the
ship or aircraft has been used to commit any such act, remains
under control of the persons guilty of that act.
Article 104
Retention or loss nationality aircraft
A ship or aircraft may retain its become a
pirate ship or aircraft. The retention or loss by the law of the State from which such nationality was 105
pirate ship or aircraft
On the high seas, or in any other place outside the jurisdiction ot 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.upon the penalties to be imposed, and may also determine
the action to be taken with regard to the ships, aircraft or property, subject
to_ the rights of third parties acting in good faith.
Article 106
Liability for seizure without adequate grounds
Where the seizure of a ship or aircraft on suspicion of piracy has been
effected without adequate grounds, the State making the seizure shall be
liable to the State the nationality of which is possessed by the ship or
aircraft for any loss or damage caused by the seizure.
Article 107
Ships and aircraft which are entitled to seize on account of
piracy
A seizure on account of piracy may be carried out only by warships or
military aircraft, or other ships or aircraft clearly marked and identifiable
as being on government service and authorized to that effect.
Article 108
Illicit traffic in narcotic drugs or psychotropic substances
1. All States shall co-operate 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 co-operation of other States to
suppress such traffic.
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Article__109
Unauthorized broadcasting from the seas
1. unauthorised
broadcasting from the high unauthorized broadcasting"
means the transmission of sound radio or television broadcasts from a or
installation on the high seas intended for reception by the general publie
distress calls.
3. Any person engaged in unauthorized broadcasting may be prosecuted
of»
»
(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
On may, 110, Article 110
of visit
1. Except where acts of interference derive from conferred a entitled to complete immunity in accordance with articles 95 and 96, is
not 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;
fd) 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
the ship's right to fly its flag. 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 Cor
any loss oc damage that may have been sustained.
Vol. 1833, 1-31363
United Nations Series • Nations Unies Recueil des Trait~s
Article 109
Unauthorized broadcasting_fro the high seas
1994
l. All States shall co-operate 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. the high seas, a State having jurisdiction in accordance with
paragraph 3 may, in conformity with article ll0, arrest any person or ship
engaged in unauthorized broadcasting and seize the broadcasting apparatus.
Article l10
Right of visit
l. 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
thats
(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 l, 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.
Vol. 1833, I-31363
1994 — Treaty » — Recueil Traités ______ 4. ïhese 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.
_&rti_ciej.ll
1. he hot pursuit of a foreign ship m&y be undertake» when the
authorities that
ship State. Such must internal waters, the arcfeipelagic waters, the territorial or the
gone may the
sea the z<e>ae the haa bean
interrupted, it is not necessary that s at the tinse the foreign ship
within s«a the for«ign in zone? in article 33, the pursuit nay only be undertaken there has been a
the sons was «utandis to oe th« sones tha ana the coastal State exclusive 1h@ of pursu«d ent es
the territorial se» State,
4. Bot pursuit im not deemed to have begun unless the pursuing ship has
satisfied above nay »
visual of b« ship»
§. file aay oc clearly masked and effect.
aircrafts
(a) th« 1 Mutatis
b) ord«K & ot State «
pursuits tes attest ship, it doss outsit?» msrely by aa offender ae fco stop pursued by ot interruption.
Vol. 1833, 1-31363
1994 United Nations -Treaty Series • Nations Unies Recueil des Trait~s 439
4. These provisions apply mutatis mutandis to military aircraft.
5, provisions aircraft clearly marked and identifiable as being on government Article ill
Right of hot pursuit
l, 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 has violated the laws and regulations of that State, 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 nay only be continued outside tha
territorial see or contiguous zone if the pursuit has not been
interrupted. It is not necessary that, at the time when the foreign within the territorial sea or the contiguous zone receives the order to stop,
the ship giving the order should likewise be within tha 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 zone 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 cf 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 hag
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 effects
6. Where hot pursuit is effected by an aircraft;
the provisions of paragraphs l to 4 shall apply utatis utan~is
(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. t ~dcss not
suffice to justify an arrest outside the territorial sea that the
ship was merely sighted the aircraft se an orfender <z suspected
offender, if it was not both ordered to sta and pursuad hy the
aircraft itself or other aircraft or ships which continue the
pursuit without interruption,
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440 ______ — » — Recueil Traités ______ 1994
B>e snu foe may access the ssona necessary»
Mfeere £or '
1» b d seats shelf.
pipelines»
Bte«fcing-ipr injujcy_of_a_ submarine cable, or pipeline
Bvesy state to a os OE o£ a injury. n«esBsaey injury.
A£ticle_Bteajcing_or by_pwnersni of sybmar ineni cable, .or.
gipjtling_of_anqitheeii subaiariiie or that, if repairs.
foe lo^s__incjirjgd__in_aypidiiiinc|i
ensure
ths that be forehand.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 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 not be claimed solely on the ground that the ship,
in the course of its voyage, was escorted across a portion of th~ exclusive
economic one or the high seas, if the circumstances rendered this necessary,
8. Where a ship has been stopped or arrested outside the territorial
sea in circumstances which do not justify the exercise of the right of hot
pursuit, it shall be compensated for any loss or damage that may have been
thereby sustained.
Article 112
Right to lay_ submarine cables and pipelines
1. All States are entitled to lay submarine cables and pipelines on the
bed of the high seas beyond the continental shelf,
2. Article 79, paragraph 5, applies to such cables and pipelines.
Article 113
Breaking pr injury of a submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to provide
that the breaking or injury by a ship flying its flag or by a person subject
to its jurisdiction of a submarine cable beneath the high seas done wilfully
or through culpable negligence, in such a manner as to be liable to interrupt
or obstruct telegraphic or telephonic communications, and similarly the
breaking or injury of a submarine pipeline or high-voltage power cable, shall
be a punishable offence. This provision shall apply also to conduct
calculated or likely to result in such breaking or injury, However, it shall
not apply to any break or injury caused by persons who acted merely with the
legitimate object of saving their lives or their ships, after having taken all
necessary precautions to avoid such break or injury%
Article 114
Breaking pr injury by owners pf a submarine cable pr
pipeline pf snother submarine cable pr 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 repair.
Article l15
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.
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1994 — Treaty — Recueil Traités_______441
TOSi ODNBEKV&TXON «MO HMIAGEMBIT Of TOE oeSOUHCES .
BJflht. to, M hi afe s@aa
AU OE engag on
s@as to*
(a) obligations;
(b) intoc aJLig, In S3, paeageaph Y 67 i and
a) section .
11?
of, ...St«teB_to_ agQgJLJgitlL gejffiegt_tg_ ..their nationals
for the, conservation of the living_regourc<g_of_aM
Ml h»(?s take-, oo-opsttats taking « aeagures respectifs nationals may b« th» oon@«rvation th@ o£ th« ArticleJLM
and management o£
rasourcea
co-op@eate and
aanagssssnfc living ceeoaccss in resources» os; i£f«cant lining eesoucc«s its
th« saws gr«aj «rater w.iew iseasiues f.».y » co~opecat« sutaegional fishes las ocgsniiationa end,
Artlele_iConiiiyty«tiion_of_tha_liying ,.g*|!»ut££S_g£, sgas
1. In det«rmining oatch otbec
lining ceaources seas. a) Masures ara d sign e, test concerned» ta restoee
sp ci@s th«
eustainable enviconiMntel.
and taking th.s
intarclep^ndence recommended!
subrsgional» r global?
1-1994 United Nations -Treaty Series • Nations Unies Recueil des Trait~s
SECT ION 2. CONSERVATION AND MANAGEMENT OF THE LIVING
RESOURCES OF THE HIGH
SEAS
Article 116
ightto fish on the hiqh sag
441
All States have the right for their nationals to engage in fishing om
the high seas subject to
a) their treaty obligations
b) the rights and duties as well as the interests of coastal
tag
provided for, inter slia, in article 63, paragraph 2, and
articles
64 to 67; ana
(c) the provisions of this section.
Article 117
Duty pf states to adopt with respect to their measures the of_ resources pf_he
high segg
Al1 States have the duty to take, or to co-operate with other States in
taking, such measures for their respective netionals as be necessary for
the conservation of the living resources of the high seas.
Article 118
Co-operation_ of_ States in the conservation an@d_management pf
living resources
States shall cooperate with each other in the conservation an
management of Living resources the areas of the high seas. States
whose
nationals exploit identical living resources, or different living resources in
the same area, shall enter into negotiations with a view to taking the
measures necessary for the conservation of the living resources
concerned.
They shall, as appropriate, cooperate to establish subregional or
regional
fisheries organizations to this end.
Article 119
Conservation pf the living_resources pf the high sesg
• 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 and relevant environmental economic factors, including the special requirements of
developing States, and tasking into account fishing patterns, the
interdependence of stocks and any generally recommended
international minimum standards, whether subregional, regional
or global;
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442 — Treaty » — Recueil Traités ______ 1994
(b) into coasideration harvested of spaeias and of a act any Artiglg_mammals seas.
PAS» VIII
ISLANDS
121
Regjje_j3f_ia>lands
1. formed 2. foe «oae f the othee Hocks have PART IX
BKCLOSED OR. SBMI -ENCLOSED SEAS
Definit_i on
«enclosed .sea"
«ore by or
States.
Vol. 1833, 1-31363
442 United Nations Series • Nations Unies -Recueil des Trait~s b) take into consideration the effects on species associated with or
dependent upon harvested species with a view to maintaining or restoring
populations such associated or dependent species above levels at which
their reproduction may become seriously threatened.
2. Available scientific information, catch and fishing effort
statistics, other data relevant to the conservation fish stocks shall
be contributed and exchanged on regular basis through competent
international organizations, whether subregional, regional or global, where
appropriate and with participation by all States
concerned.
3. States concerned shall ensure that conservation measures and their
implementation do not discriminate in form or in fact against the fishermen of
any State.
Article 120
Marine mammals
Article 65 also applies to the conservation and management of marine
manuals in the high seas,
PART REGIME OF ISLANDS
Article 12l
~sine of islands
l. 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 no exclusive economic zone or continental shelf.
PART IX
ENCLOSED OR SEMI-ENCLOSED SEAS
Article 122
Definition
For the purposes of this Convention, "enclosed or semi-enclosed sea"
means a gulf, basin or sea surrounded by two or more States and connected to
another sea or the ocean a narrow outlet or consisting entirely primarily of the territorial seas and exclusive economic zones of two or more
coastal States,
Vol. 1833, I-31363
1994 — — Recueil Traités 443
of States enclosed
or semi-enclosed seas
States bordering an enclosed or semi-enclosed sea should co-operate with
each other in the exercise of their rights and in the performance of their
Convention. organization:
sea;
(b) rteo scpoe-cotr dtion atthee ptrhoe teicmtpiloenm enatnadt iporne soefr vatthieiorn orfi ghtthse amnadr indeut ies with
environment;
c) where appropriate joint programmes of scientific research in
area;
(d) to invite, as appropriate, other interested States or international
organizations to co-operate with them in furtherance of the
PART K
RIGHT OF ACCESS OF LAND-LOCKED STATES TO
AND FROM THE SEA AND FREEDOM OF TRANSIT
article 1. Convention:
(a) "land-locked sea-coast;
State" situated
land-passes;
traffic transit" means State;
(d) "means of transport" means:
vehicles;
ii) animale.
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United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 123
Co-operation of States bordering enclosed
or semi-enclosed seas
States bordering an enclosed or semi-enclosed sea should co-operate 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 co-ordinate the management, conservation, exploration and
exploitation of the living resources of the sea
to co-ordinate the implementation of their rights and duties respect to the protection and preservation of the marine
(c) to co-ordinate 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 co-operate with them in furtherance of the
provisions of this article.
PART X
AND FROM THE SEA AND FREEDOM OF TRANSIT
Article 124
Use of terms
l; 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
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.
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land-1.
article of aad Land-comon
To Kie State? eight of most~saost-favoured-clause.
tax s 1. article Free_j|gnejs of Artigle_lgi
Co-operation imprjOj^Mnt_of_means__United Nations Treaty Series • Nations Unies -Recueil des Trait~s 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 ,
Article 125
Right pf 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. this end, land-locked States shall enjoy freedom of
transit through the territory of transit States by all means of transport.
2. The terms and modalities for exercising freedom of transit shall be
agreed between the land-locked States and transit States concerned through
bilateral, subregional or regional agreements.
3. 'Transit States, in the exercise of their full sovereignty over their
territory, shall have the right to take all measures necessary to ensure that
the rights and facilities provided for in this Part for land-locked States
shall in no way infringe their legitimate interests.
Article 126
Exclusion pf application of the most--favoured-nation clause
The provisions of this Convention, as well as special agreements
relating to the exercise of the right of access to and from the sea,
establishing rights and facilities on account of the special geographical
position of land-locked States, are excluded from the application of the
most-favoured-nation clause,
Article 127
Customs duties, taxes and other charges
l. Traffic in transit shall not be subject to any customs duties, taxes
or other charges except charges levied for specific services rendered in
connection with such traffic.
2. Means of transport in transit and other facilities provided for and
used by land-locked States shall not be subject to taxes or charges higher
than those levied for the use of means of transport of the transit State.
Article 128
Free zones and other customs facilities
For the convenience of traffic in transit, free zones or other customs
facilities may be provided at the ports entry and exit in the transit
States, by agreement between those States and the land-locked States.
Article 129
pperation 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 co-operate in constructing or improving
them.
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— — Recueil Traités Article 130
Measures to avoid or eliminate or other difficulties
of a 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 co-operate
towards their expeditious elimination.
Article 131
treatment in maritime Ships flying the flag of land-locked States shall enjoy treatment equal
to that accorded to other foreign ships in maritime ports.
Article 132
Grant of transit facilities
This Convention does not entail in any way the withdrawal of facilities in the future.
PART XI
SECTION 1. GENERAL PROVISIONS
Ose For the purposes of this Parts
(a) resources" nodules?
b) minerals".
1. 2. this Part.
1, paragraph 1(Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article 130
Measures to avoid or eliminate delays pr other difficulties
of a technical nature in traffic in transit
445
l. 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 co-operate
towards their expeditious elimination.
Article 131
Equal treatment in maritime ports
Ships flying the flag of land-locked States shall enjoy treatment equal
to that accorded to other foreign ships in maritime ports.
Article 132
Grant of greater transit facilities
This Convention does not entail in any way the withdrawal of transit
facilities which are greater than those provided for in this Convention and
which are agreed between States Parties to this Convention or granted by a
State Party. This Convention also does not preclude such grant of greater
facilities in the future.
PART XI
THE AREA
SECTION I. GENERAL PROVISIONS
Article 133
Use of terms
For the purposes of this Part
a) "resources" means all solid, liquid or gaseous mineral resources
in situ in the Area at or beneath the sea-bed, including
polymetallic nodules;
(b) resources, when recovered from the Area, are referred to as
"minerals".
Article 134
Scope of this Part
l. 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 co-ordinates showing the limits
referred to in article l, Paragraph l(1), are set forth in Part VI.
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446 — — Recueil Traités 1994
Article 135
of Fart aie waters.
SECTION 2. PRINCIPLES GOVERNING THE AREA
Common heritage of mankind
1. Area sovereignty or sovereign rights nor such appropriation shall be recognized.
2. whole, on whose behalf the Authority shall act. These resources are not
alienation. 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
accordance with this Part. Otherwise, no such claim, acquisition or exercise
of such rights shall be recognized.
The general relation to the Area, shall be in
With in Charter-Onited rules international eo-otperation Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 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.
Legal status pf the superjacent waters and air space
Neither this Part nor any rights granted or exercised pursuant thereto
shall affect the legal status of the waters superjacent to the Area or that of
the air space above those waters,
SECTION 2. PRINCIPLES GOVERNING THE AREA
Article 136
The Area and its resources are the common heritage of mankind.
Article 137
Legal status of the Area and its resources
l. No State shall claim or exercise sovereignty or sovereign rights
over any part of the or its resources, nor shall any State or natural or
juridical person appropriate any part thereof. No such claim or exercise of
2. All rights in the resources of the Area are vested in mankind as a
act, subject to alienation, The minerals recovered from the Area, however, may
exercise rights with respect to the minerals recovered from the Area except in
Article 138
General conduct of States in relation to the sea
he conduct of States in Area coordance with the provisions of this Part, the principles embodied n the
Charter of the United Nations snd other rules of internatioral law in the
interests of maintaining peace and security and promoting international
cc-operation and mutual understanding.
Vol. 1833, 1-31363
1994 — Treaty — Recueil Traités 447
1. the activities in the by •ntoeprims o£
F«rtl«s by nationals , eaerled oat The applies
inteeRationai out by organisations.
. the of law tones 111»
organisation out. liability | OK shall bear joint several liability. & State Party stall not howewee be
danage to coaply with by peeson
it article 2(b), has appropriate measures esaplianee under 4 5 and Annex III, articie 4 ?
3= members organisations take iaple«entation o£ this respect to sacti 1. Area shall» provided Fart, foe as taking the developiag
who. attained .or «l£-goweratng Mations ia accordance with
6an*ral Assenbiy 1514 fXY)1 reie¥«nt teierai Jtesesnblf
.2. Th« for the économie benefits deeiv«d fro» the Area non-diaceiminatory article ISO, 2(f)(i).
Article 141
Dse_o£^ the Area exclusively for peaceful purposes
Area shall be open to use exclusively for peaceful purposes States, whether coastal land-locked, without discrimination prejudice to the other provisions of this Part.
1 United Nations, Official Records of the General Assembly, Fifteenth Session, Supplement No. 16 (A/4684),
p. 66.
31363
United Nations Series • Nations Unies -Recueil des Trait~s
Article 139
Responsibility to ensure copltange end liability fer damags
I, States Parties shall have the responsibility to ensure that
activities in the Area, whether carried out States Parties, or state
erts:prises or natural or juridical persons which possess the nationality of
States Parties or are effectively controlled by them or their netionala, shall
be carried out in conformity with this Part. he sae responsibility applies
to Anternational organizations for activities in the Area carried out hy such
organizations,
2. Without prejudice to the rules or international aw 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
Ji.ability States Parties or international organizations acting together
shall bear joint and several liability. A State Party shall not however be
liable for desage caused by any failure co comply with this Part by a person
whom At has sponsored under article 153, paragraph 2(b), if the State Party
hag taken all necessary and appropriata measures to secure effective
coapl.iance under article 153, paragraph d, and Annex III, article 4%
paragraph 4.
3. States Parties that are member8 of international organizations shall
toke appropriate measures to ensure the implementation of this article with
respect to such organizations.
Article 140
Benefit of mankind
2. Activities in the Ares shall, as specifically prowide?d for in this
Part, be carried out for the benefit of mankind ss a whole, irrespective of
the geographical location of States, whether coastal or land-locked, and
caking 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 accozdance witch
General Assembly resolution l5l4 (XV) and other relevant Genere.l Assembly
resolutions.
2. The Authority shall provide fox the equitable sharing of financial
and other economic benefite derived from activities in the Ares through any
appropriate mechanism, on a non-discriminatory basis, in accordance with
article 160, paragraph 2(£)(i.
Article 14l
ysg gf 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.
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448 — Treaty — Recueil Traités_______1994
Article_142
and legitimate 1. 2. eights neither 1. XIII.
ana 3. bys
a) ana Authority}
tos
(i) strengthening capabilities*
ii) 1»
tile research*
iii) employaient in »
(c) £f etively disseminating the results of research and analysis when
approprlate.
448 United Nations -Treaty Series • Nations Unies Recueil des Trait~s
Article Rights an interests of coastal States
1994
l. 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.
Consultations, including a system of prior notification, shall be
maintained with the State concerned, with a view to avoiding infringement of
such rights and interests. In cases where activities in the Area may result
in the exploitation of resources lying within national jurisdiction, the prior
consent of the coastal State concerned shall be required.
3. Neither this Part nor any rights granted or exercised pursuant
thereto shall affect the rights of coastal States to take such measures
consistent with the relevant provisions of Part XII as may be necessary to
prevent, mitigate or eliminate grave and imminent danger to their coastline,
or related interests from pollution or threat thereof or from other hazardous
occurrences resulting from or caused by any activities in the Area.
Article 143
Marine scientific research
2. 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 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 co-ordinate and disseminate the results of
such research and analysis when available.
States Parties may carry out marine scientific research in the Area.
States Parties shall promote international co-operation in marine scientific
research in the Area by
(a) participating in international programmes and encouraging
co-operation 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;
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
effectively available, through the Authority or other international channels
when appropriate.
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______ — Treaty » — Recueil Traités ______ ArticleJUj
Ttaasfee in 1. She M acquire ana activities Areat bj To authority co-operate pecseting ana ttterefroB. promotes
foc ana with to jjjter &ii&r Enterprise ana pf
ana conditions;
CbJ o£ ana from Enterprise and from marine science
Area,
Article_145
assasissrss aarin nay Wo appeopriate fez inter.
a) hasards
narine enviroassent f with narine ,
t trou
tee.m£ui excavation, aiaposal o£ installations, activities}
(b) the peotaetioB and of dawage maeine
With eespact acti¥itlea teea, shall t «asura effective o£ life, 'to this .the tathority
«hall cales, ee@olations pcocedores internationBi as treaties.
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1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article 144
Transfer of technology
449
I, he Authority shall take measures in accordance with this Conventions
(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. this end the Authority and States Parties shall coo perate 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 regard to activities in the Area, including,
inter Alia, facilitating the access of the nterprise 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 fron the
Enterprise and fro developing States for training in marine science
and technology and for their full participation in activities
in the Area.
Article 145
Protection of the marine environment
Necessary measures shall be taken in accordance with this Convention
with respect to activities in the Area to ensure effective protection for the
marine environment from harmful effects which may arise from such activities.
To this end the Authority shall adopt appropriate rules, regulations and
procedures tor inter Alla1
(a} the prevention, reduction and control of pollution and other hazards
to the marine environment, including the coastline, and of
interference 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,
excavstion, disposal of waste, construction and operation or
maintenance of installationa, pipelines and other devices related
to such activities;
he protection conservation the natural resources of the
Ares
and the prevention of damage to the flora and fauna of the marine
nvconmen~.
Article 146
Protection of human Life
Nie.h zeapect to activities in the Area, necessary measures ahall be
taken to ensure ef£active protection of human life. I &his end the Authority
shall adopt appropriate rules, regulations and procedures to supplement
existing international law aa embodied in relevant treaties,
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— — Recueil Traités 1994
envi_ronm™ent_, ____
1. nativities for tt«s In 3» installations for activities in stall b«
s«tej st the conditions*
installation» «hall enplaeed and r«wv S In accordance Fart rales» regulation» of Authority, nust the eesction» emplacement permanent Means Cor maintained)
(b) sudfo may not b@
intesnatioaal
activity}
(o) bs fche of -navigation fell
installations» ana sones
shall be such to sbippia9 aarifeiiia International lanes )
td) «us» purposes*
M suefe installations possess islands, fhey taceitorial delimitation s«a r eeonoaie
reasona3.b leO trheegra rad ctfiorv itaicetsi viitn ietsh e conducted with Article 148
of States _in_activitieg_in_thie .Area
The effective of in activities in the hs«» shall be promoted having due
regard to their special in particular to the special
noeveedr coofm e tohbe stlaacnlde-slo cakreids inagn d fgreoomg rtahpehiri cadlilsya daviasnatdavgaendt algoecdat iaomno,n g itnhcelmu ditno g
remoteness from the area of access to and from it.
historical objects
All objects of an archaeological and historical 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
caonudn atrrcyh aoefo loroiggiicna,l oorr igtihne. State of cultural origin, or the State of historical
450 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 147
ccosoation of activities in the Brea and in the marine
environment
l. ct#vi±des 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 ehall be
subject to «he following conditions
fa) such installations shall be erected, emplaced an removed solely in
aordance with this Part and subject to the rules, regulations and
posuzes 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 isatntains
{b} such installations ray be established where interference may be
caused to the use of recognized pea 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
naellstions. The configuration and location of such safety zones
aha; not as tc form a belt impeding the lawful access of
shipping to particular maritime zones or navigation along
international sea lanes
(d) auch installations shall be used exclusively for peaceful purposes
(e} such installatioas do not posess the status of islanda. They have
no territorial sen of their own, and their presence does not affect
the delimitation of the territorial sea, the exclusive economic
zone or the continental shelf.
3. Other activities in the marine environment shall be conducted with
reasonable regard for activities in the Area.
Article 148
Participation of developing States in activities in the Area
The effective participation of developing States in activities in the
Area shall be promoted as specifically provided for in this Part, having due
regard to their special interests and needs, and in particular to the special
need of the land-locked and geographically disadvantaged among them to
overcome obstacles arising from their disadvantaged location, including
remoteness from the Area and difficulty of access to and from it.
Article 149
Archaeological and historical objects
All objects of an archaeological and historical nature found in the 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,
Vol. 1833, I-31363
1994 — — Recueil Traités 4SI
SECTIOM 3. DEVELOPMENT OF RESOURCES OP THE AREA
Article 150
relating inactivities Activities in the Area shall, as specifically provided for in this Pact,
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 co-operation 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}
Area,
including the efficient conduct of activities in the Area and, in
avoidance
waste;
(c) the, expansion of opportunities for participation in such activities
148}
(d) participation in revenues by the and the transfer of
technology to the Enterprise and developing States provided for
Convention}
e) as
minerals;
|f) stable producers
Area ana
source» , long-term (9) the enhancement of opportunities for all States Parties,
irrespective of their social and economic systems or geographical
Alroceaat iaonnd, thteo ppraervteinctiipoatne ofi nm otnhoe pdoelviezlaotpimoenn tof o fac ttihvei trieesso uricn est hoef A rtehae»
(hi tthheei rp roetceocntoimoine so fo r deovne ltohpeiinrg ecxopuonrttr ieeasr nifnrgosm ardevseurlstei neg fffercotms ao n reduction in the price of an affected mineral, or in the volume of
ceaxupsoerdt s boyf actthiavti mtiineesr ailn, ttheo Atrheea ,e xtase ntp rotvhiadte ds ucihn arretdiuccltei on1 51i}s
(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 oC 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.
United Nations Treaty Series • Nations Unies -Recueil des Trait~s
SECTION 3. DEVELOPMENT OF RESOURCES OF THE AREA
Article 150
Policies relating_to activities in the Area
451
Part,
cooperation States, a) the development of the resources 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 aa
needed in conjunction with minerals derived from other sources, to
ensure supplies to consumers of such minerals
(f) the promotion of just and atable prices remunerative to producers
and fair to consumers for minerals derived both from the Area and
from other sources, and the promotion of longterm equilibrium
between supply and
demand
g) 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 l5l)
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,
Vol. 1833, I-31363
— Treaty — Recueil Traités 1994
article 151
Production 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. Ml States Parties shall
co-operate 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 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
manner which assures a uniform and non-discriminatory
terns approved
2. (a) During the interim period specified in paragraph 3, commercial
work' until the operator has applied for and has been issued a
production authorization by the Authority. Such production
years
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 b«
shall
after
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
ceiling, as calculated pursuant to paragraph 4 in the year of
issuance of the authorization, during any year of production falling within the interim period.
452 United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article 15l
Production policies
l. (a) Without prejudice to the objectives set forth in article 150
and for the purpose of implementing subparagraph (h) of that
article, 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
co-operate 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.
Vol. 1833, I-31363
1994 — » — Recueil Traités_______453
work.
authorisation
is denied to subparagraph (d), the operator may apply
again to the Authority at any time.
3. to-1 undee
is delayed
beyond the year the beginning of the interim period and
the 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
agreements whatsoever.
4. (a). period
shall oft
i) as calculated pursuant to subparagraph (b), for
fe commencement Interim » i.l! pec valssa»
b), authorisation year Immediately
Star a)t
a derived 15-»
ii) determine
a) 15-annually! trend
value inter!»
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s 453
(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 l 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 l 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. 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) t
(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 l5-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 l5-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.
Vol. 1833, 1-31363
454 — — Recueil Traités 1994
foe production & of production 6. (a) l sa over-exceed
authorisation., 8 per cent
following excesses
b« (b) authorisation»
dus takan
the
principle allowed under the
not authorize work a quantity in
excess year.
copper r from polynetallic noaulee that are pursuant
a. be hav*
max!»» nick»]. Cran ttose
establish rales»
parsuant annex HI, article 17, Sights econ«aie fcrade essploratlois fro» Area» settleaent arising
Pasties sucfe reeourse agreements.
have Unit level fro» nodules*
nay appropri t» regulation» 161, 8=
Opon basis of a viee fr<M
establish o£
tarke assistance
^ecialised on or a is
that.niiwra.lf
estent suet» is by Aeea. shall »r* a Hintaizing theis
ecoaosic United Nations Treaty Series • Nations Unies -Recueil des Trait~s 5. The Authority shall reserve to the Enterprise for its initial
production a quantity of 38,000 metric tonnes 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 fcllowing two consecutive years in which excesses
occur, shall be negotiated with the Authority, which may require
the operator to obtain a supplementary production authorisation 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 ba higher than those which would have
been produced had the operator produced the maximum level of nickel fro those
nodules pursuant to this article. The Authority shall es~abl±ah rules,
regulations and procedures pursuant to Annex III, Article I7, 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 Jiait the ievel of production
of minerals from the Area, other than minerals from polymetallic naduleg,
under such conditions and applying such methods as may be appropriate by
adopting regulations in accordance with article 16l, paragraph 8.
10. Upon the recommendation of the Council on the besis cf sdvice from
the Economic Planning Commission, the Assembly shall stablish a system of
compensation or take other measures of economic adjustment aaaistance
including co-operation with specialized agencies and other international
organizations to. assist developing countries which suffer serious adverse
effects 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 ls caused activities in the Area. The
Authority on request sball 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.
Vol. 1833, 1-31363
1994 — » — Recueil Traités Atticlg_152.
of and £ungtlong__by_thg__ftuthgrlt3i[
1. Itse authority shall discriainatloa the its
powats and functions» including the granting of opportunities for activities
in the Atea.
2. Nevertheless, consid ration for developing States,, including
the land-disadvantage^
«moms tifeay specifically provided for Part shall, permitted.
A£tiglg_j53
Sy_atgm_o£_expjoratig_n 1. Activities in teaa shall be organized» carried out and
controlled the Authority on behalf of sankind as a whole in accordance with
this article as well' other relevant provisions of this Part ana the
relevant Annexes, and the rulea, regulations and procedures Authority.
its Area carried in
par agi aph 3s
(a) aterprise, and
(b) .association by or state
enterprises or natural or juridical, persons which possess the
them
r oe 3. Activities in the Area shall be carried out in accordance with forms 1 Anneft and In ease o£ activities in the Area carried out as authorized by. the Authority the entities 2(plan accordance with Annex article in form of a- contract. Such
contracts Annex article 4. over activities provisions of this Pact and the Annexes relating thereto, and the rules,
accordance with paragraph States Parties shall assist the Authority by
eight measures
exercise o£ 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.
A contract under shall provide for security of tenure.
oc IS United Nations Treaty Series • Nations Unies -Recueil des Trait~s 455
Article 152
Exercise pf powers gng functions by the Authority
I. The Authority ahall avoid discrimination in the exercise of its
powers and functions, including the granting of opportunitiee for activities
in the Area%
2. Nevertheless, special consideration for developing Statea, including
particular consideration for land--locked and geographically tsadvantaged
among them, specifically provided for in this Part shall be permitted.
Article 153
System of explorgtion and exploitation
l. Activities in the Area shall be organized, cezried out and
controlled by the Authority on behalf of mankind as a whole An accordance with
this article as well as other relevant provisions of this Fart and &he
relevant Annexes, and the rules, regulatfome and procedures of the Authority.
2. Activities in the Ares shell be carrisd out as prescribed in
paragraph 3
a) by the Enterprise, and
tb) in association with the Authority 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.
Activities in the Area shall be carried out in accordance with a
foral written plan of work drawn up in accordance with Annex III and approved
by the Council after review by the Legal and Technical Commission. the
case of activities in the Area carried out as authorized by the Authority by
the entities specified in paragraph 2{b), the plen 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 activitiea 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 10 and 19.
Vol. 1833, 1-31363
456 — Treaty — Recueil Traités_______1994
jggrigdicjrgyiew
ana regime Mem established oe
recommend that other take; measures in accordance with the provisions
of regime.
jtti«_jg£»tvilcejw.gj_g-g1n5f1e tenc»
1. Fifteen years from 1 January of the year in which the earliest
the shall convene a conference for the review of those provisions of this Part and
th o£ Area* period:
{a} ana have
«nether hav
15-areas areas;
c) th« the trade;
d) monopolisation prevented;
1S1 fulfilled; ana
(£) regime ana organic ,
ana naintenance ana teea th«
te@ , narine narine United Nations -Treaty Series • Nations Unies Recueil des Trait~s
Article 154
Periodic review
1994
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 rgime of the Area tstablished 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 the operation of the z~gime.
Article 155
The Review Conference
l. Fifteen years from l January of the year in which the earliest
commercial production commences under an approved plan of work, 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 periods
(a) whether the provisions of this Part which govern the system of
exploration and exploitation of the resources of the Area heve
achieved their aims in all respects, including whether they have
benefited mankind as a whole;
(b) whether, during the l5-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
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 I5l have been
fulfilled and
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 r~gime 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
Are, marine scientific research, transfer of technology, protection of the
marine environment, protection of human life, rights of coastal States, the
Vol. 1833, I-31363
1994 — Treaty — Recueil Traités_______457
l gal statue sup«rjaeent making proc dure sane united Sea. natters exhausted*
4. commencement e ^graement resoueess" Area, 12 by appropriate. Hendnents 12 of instrunt«nts by conference pursuant article
a£fect scquiseu 4. AUTHORITY
h.
1» asase IB Sea-Bea Authority,,
Paet=
2. All jyggo jEggto meabers Author!tf .
at Third Onited nations Law ia aetiel 3SS,
Kc), d) , M os (f ), observer», end
aucego
The seat of authority &g 5. "Si Jtatfeority os &m Sot 1. 'Hie organisation wtniefe shall, aeeosaanee Area» area.
1994 United Nations Series • Nations Unies Recueil des Trait~s 457
legal status of the waters super]acent 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-uaking 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
resourced of the it may decide during the ensuing l2 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 l2 months after the
deposit instruments of ratification or accession by three fourths of the
States Parties.
5. been3sants adopted hy the Review Conference to this rkicle
shall not effect rights acquired under existing contracts.
SECT EON 4• 'HE AUTHORT'TN
SUBSECTION A. GENERA PROVISIONS
Article 156
kg&gblighent @of tie Authority
l. Zhare tie hereby established the International &ea-Bed Authority,
which shall function in accordance with this Part.
2, Ali States Parties are ip@? f@stg members of the Authority.
3. Observers zt the i.rd ii&ed Nations Conference on the of the
$es who have signad the Final Act and who are not referred to in article 305,
paragraph i(c+ (d), ts} or f), shall have the right to participate in the
Authority as cbservers, in accordance with its rules, regulations and
pros~due%
4. 'The the Authority shall be in Jamaica.
5, She Authority may establish such regional centres or offices ae it
deems necessary for the exercise of its functions.
Article 157
Ng@ure gr Eunusenta] principles pf the Authority
l. £he Authority is the organization through which States Parties
ahall, in accordance with this Part, organise and control activities in the
Ares, particularly with a view to administering the resources of the Area
Vol. 1833, 1-31363
458 ______ United Nations — Treaty Series » Nations Unies — des Traités ______ 1994
2. function» of be expressly
by Coiwrention. he hav« incidental powers,. consistent Conventior,, are implicit in ana
foe fe!>e cf functions aetivitls» area.
3* tte Authority of equality all its
4. Mi members shall- food faith the then ttis In order ail of sights membership.
1. «E« peiaeipal fehe
aa a Council and a Secretariat.
is established the the through wfeicb
fefae authority shall carry the functions eeferzed article 170,
in acco3.r danSucceh wistuhb sitdhiias rPya rotr.gans as may be found necessary may be established
respons4.i bleEa cfho r preixnecricipsailn go rgtahno soef p otwhee rAsu tahnodr iftuyn catinodn st hwe hEincthe raprer icsoen fsehrarleld bue pon aict.t ionI n wheixecrhc imsaiyn gd esruocgha tpeo wferrosm oarn d imfpuendcet iotnhse eeaxcehr coirsgea no f shsaplelc iafvico idp owtearksi nga nadn y
functions conferred upon another organ.
SUBSECTION B. THE ASSEMBLY
Article 159
Composition, procedure and voting
1. The Assembly shall consist of all the members of the Authority.
Each member shall have one representative in the Assembly, who may be
accompanied by alternates and advisers.
special2. seTshsei oAnsss eams bmlay y shbea lld emceiedetd ibn y retghuel aArs seamnbnluya,l osre scsoinovnse neadn db yi n thseu ch 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.
Vol. 1833, 1-31363
458 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1994
2, The powers and functions of the Authority shall be those conferred upon it this Convention. he Authority shall heva such
incidental powers, consistent with this Convention, as are in and
necessary for the exercise of those powers end functions with respect to
activities in the Area.
3, The Authority is based on the principle of the sovereign of
all ts meat:zs,
$. All membere of the Authority ahail·fulfil in good faith the
obligations assumed by them in accordance with this Part in orer to ensure to
all o£ them the rights and benefits resulting from Article 158
Organs pf th@ Authority
, Thersa are hereby established, as the principal organs of the
Authority, an Assembly, a Council and a Secretariat.
2. There ls hereby eatabliahed the Enterprise, the organ through which
&he Authority shul out the functiona referred to in artici 270,
pare9xmph h,
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,
Article 159
Composition, procedure and voting
l, The Assembly shall consist of all the members of the Authority.
Rach 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
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
vote,
Vol. 1833, 1-31363
1994 — — Recueil Traités 459
of members
9. foe
10. the'conformity Iiaw Assembly
1. a'll
Convention. 161}
b) »
Enterprise;
d) taken
organs;
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 7. Decisions on questions of procedure, including decisions to convene
special sessions the Assembly, shall be taken by a majority of the 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 rpplied 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 Sea-Bed 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 shall decide when it will meet to vote upon the deferred proposal.
Article 160
Powers and functions
l. 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 bet
(a) to elect the members of the Council in accordance with article 16l
(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 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
Vol. 1833, I-31363
460 — Treaty » — Recueil Traités_______1994
e) of used expenses;
f) i) Council» 'consideration the interests and needs of of.Assembly?
(ii) to consider and approve the rules, regulations and procedures
(o) (ii). These rules, regulations and procedures shall relate
financial management and internal administration of the
Authority}
g! Authority?
h) Council;
i) Council Authority;
(j) disacivantaged
1) 151, 10;
185;
Vol. 1833, 1-31363
United Nations Series • Nations Unies Recueil des Trait~s 1994
(e) to assess the contributions of members to the administrative budget
of the Authority in accordance with an agreed scale assessment
based upon the scale usad 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 co-operation 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 15l, paragraph 10
(m) to suspend the exercise of rights and privileges of membership
pursuant to article 1855
Vol. 1833, 1-31363
1994 ______ — Treaty » — Recueil Traités ______ 461
(n) to discuss any question or matter within the of the
and to decide as to which organ of the Authority shall
Composition »
1. 3S by
the Assembly in the following orders
(a) more than 2 per cent of total world consumption or have had net
imports of more than 2 per cent of total world import's of the
front Socialist) consumer;
b) Socialist)
region;
(c) four members from among States Parties which on the basis of
such minerals have a substantial bearing upon their economies»
d) six members from among developing States Parties, representing
populations. land-locked »
e) Socialist), 1, that:
a) is the 1-United Nations Treaty Series • Nations Unies Recueil des Trait~s (n) to discuss any question or matter within the competence of the
Authority and to decide as to which organ of the Authority shall
deal with any such question or matter not specifically entrusted to
a particular organ, consistent with the distribution of powers and
functions among the organs of the Authority.
SUBSECTION C. THE COUNCIL
Article 16l
Composition, procedure and voting
l. The Council shall consist of 36 members of the Authority elected 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--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 l, the Assembly shall ensure thats
(a) land-locked and geographically disadvantaged States are represented
to a degree which reasonably proportionate to their
representation in Assembly;
Vol. 1833, I-31363
462 — — Recueil Traités 1994
b) b), c) d) Assembly;
c) yroup 1 4. eligible'for dua
regard Authority» shall
leet as less three times a year.
quoru».
7. Each member 8. (a) a
b) includes a
Councils paragraph 2,
(f)} (g) » (h)» (i), (n)» p)> (v)| article 191.
c) of •
Council! paragraph 1» (a)} (b) » c)|
d)j e)j 1)} q)j r)j s); t}> u) sponsor} w) issued
for.not confirmed (d)|
x)j y)j z)j article 163,
2> 3} IV, 11.
d) consensus! paragraph a) o)j («) d), (f) g),
consensus* objection. a Pr sident
United Nations Treaty Series • Nations Unies -Recueil des Trait~s (b) coastal States, especially developing States, which do not qualify
under paragraph l(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
:egard should be paid to the desirability of rotation of membership.
5. The Council shall function at the seat of the Authority, and shall
eet as often as the business of the Authority may require, but not loss than
hree times a year%
6. A majority of the members of the Council shall constitute a quorum.
7, Rach member of the Council shall have one vote.
8, a) Decisions on questions of procedure shall be taken by 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 l 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
confirm~d by a decision taken in accordance with subparagraph d)5
article 162, paragraph 2, subparagraphs (x) (y) (z) article 163,
paragraph 2 article 174, paragraph 3) Annex I, article ll,
(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
Vol. 1833, I-31363
1994 — — Recueil Traités the purpose of reconciling the differences and producing a propos*!
which can be adopted by consensus. The committee shall work
expeditiously and report to the Council within 14 days its establishment. If the committee is unable to recommend a
proposal which can be adopted by consensus, it shall set out in ita
report the grounds on which the proposal is being opposed,
(£) 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 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 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
Mating the Council when a request is made by such member, or a matter
tacticularly affecting it is under consideration. Such a representative shall
>9 entitled to participate in the deliberations but not to vote.
1. The Council is the executive organ of the Authority. The Council
ihall have the power to establish, in conformity with this Convention and the
enaral by pursued the tie the (a) compliance}
b) »
Director-General of the Enterprise;
(d) establish, as appropriate, and with due regard to economy and
efficiency, exercise of its functions in accordance with this Part. In the
composition of subsidiary organs, emphasis shall be placed on the
that" Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 463
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 l4 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
uthority not represented on the Council may send a representative to attend a
eting of the Council when a request is made by such member, or a matter
articularly affecting it is under consideration. Such a representative shall
e entitled to participate in the deliberations but not to vote,
Article 162
Powers and functions
l, 'The Council is the executive organ of the Authority. The Council
hall have the power to establish, in conformity with this Convention and the
eneral policies established by the Assembly, the specific policies to be
ur sued by the Authority on any question or matter within the competence of
he Authority.
2. In addition, the Council shall:
a) supervise and co-ordinate 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
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;
Vol. 1833, I-31363
464 — Treaty » — Recueil Traités_______1994
(e) president?
Cf) entec Ohited nations oc organisations »
J<g) th!e
Assembly with its cecomendationsi
as
assembly request|
(i) 170§
Cj) plans of work in accordance with annex III, article 6. "K «
Council OK the Council in accordance with the following procedures!
work, shall be deemed to have been approved by the Council if no
Council objection comgiianee
annex III, Is e), If, ena applicant;
ii) If of s. work
aay th
members sessioni
k) mutatis Ml S if,' th@
sat subpaeagraph (j);
{1J 1S3, Authority}
(m) take, Commission,
nee@8sary .accordance h! , thareinj
n) assembly, advica ConmissEBn, foc 151, 3.0$
Vol. 1833, 1-31363
464 United Nations Series • Nations Unies -Recueil des Trait~s 1994
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 the Assembly may request
i) issue directives to the Enterprise in accordance with article 170g
(j) approve plans of work in accordance with Annex 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 proceduress
(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 objaction alleging non-compliance
with the requirements of Annex article 6. If there
is an objection, the conciliation procedure set forth
in article 161, paragraph 8(e, shall apply. 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 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
embers 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, mtatig mutandis, the
procedures set forth in subparagraph j)
(I) exercise control over activities in the Area in accordance with
article 153, paragraph 4, and the rules, regulations and procedures
of the Authority
(ma) 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 15l, paragraph 10
Vol. 1833, 1-31363
1994 ______ — Treaty » — Recueil Traités ______ 465
{o <i) recs«a»ea<S to the Assembly cales , regulations and procedures on
equitable of and other econotic benefits
derived fro» activities in the Area and the payments contributions made pursuant to article 82, taking into
particular consideration the interests ana needs of the
dev«loping States and peoples. who have not attained full
OK other self-governing statue»
{it} adopt and apply provisionally» pending approval by the
f the roles, regulations and procedures of the
feuthoKltyj, amendments thereto^ of tegal Technical Coswiission @r other
subordinate oegaa concern es,, rules? regulations atsd
shall relata to prospecting, exploration and
in ana management administration authority. b
to the adoption of rules» regulations and peoc aue«s for
exploration Cos and of polymetaillc nodules»
KaleSf regulations and procedures for the exploration for
exploitation of any resource otfaee than polyiaetallic
shall fren the date request
to the Authority any of its to adopt such rules,
regulations in respect of suefe resource. Allrules
r r gulations and procedures shall remain in effect on a
provisional approved Assembly by Council in the light of any view expressed by
tlie asseufcly»
(p) review Authority this Part»
{^S mais the fro» authorisations Annas "i , 8 l«3tion is required by that pe ¥isioni
M subinit feha o£ Assembly
foe its approval?
(e) matte cecoBMiKiations to the Assembly concerning policies on any
«pwstion or natter within the coiapetence of the Authority?
(t) Bake recommendations to fcfa» assembly concerning suspension of feh®
exweise of the rights ana peivileges of merabership pursuant to
article 18 Ss
(u) institut» proceedings on behalf of the Authority before the Sea-Bed
Chanber in of non-compliance
i
(?) th upan Sea-Bed Disputes Chamber
subpaeagrapti u) , and make arty
E«eoBBS»nd«tions with t
featen?
(w) oirs saued juesmtemcegnetn coyf oorpdeerrsa,t iownhsi,c h tmoa yp reivnecnltu des eoriroduesr s hafroem tthoe tsheu smpaernisnioen
environment arising out of activities in the Meat
(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;
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s to {i)
(41
recommend to the Assembly rules, regulationa 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 tnto
particular consideration the interests and needs of the
developing States and peoples who have not attained full
independence or other self-governing statue
adcpt and apply provisionally, pending approval by the
Assembly, the rue, regulations and procedures of the
Authority+ and any amendments thereto, taking into account the
recommendations of the Legal and Commission or other
uhordtnate organ coernea. These rules, regulations and
procedures shell relate to prospecting, exploration and
exploitation tn the Area and the financial management and
internal administration of the Authority. Priority shall be
given tc the adoption of rules, regulations and procedures for
the exploration for end exploitation of polymetallic nodules.
ul.es% regulations and procedures for the exploration for and
exp@citation of any resource other than polymetallic nodules
sh&l.I. be adopted within three years from the dete of a request
to tha Authority by any of its members to adopt such rules,
regulations and proceduros 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
amened 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
(z) submit the proposed annual budget of the Authority to the Assembly
for Ate spproval
a) make recommendations question matter competence Authority
(t} make the Assembly the
exercise and privileges membership 185
u} institute Di8put:es Chamber cases of (v} notify the Assembly upon a decision by the Sea-Bed Disputes Chamber
in proceedings instituted under subparagraph (u), and any
recommendations which it may find appropriate wth 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
activities in the Area
by contractors or the indicastes the risk of environment
Vol. 1833, 1-31363
466 United Nations — Treaty Series • Nations Unies — des Traités 1994
(y) establish a subsidiary organ for the rules, regulations and procedures relating tot financial
(i) financial management in with 171 to 175; and
(ii) financial arrangements in accordance 13
and article 17 , paragraph 1(c)I
(z) establish appropriate mechanisms for a
sdteatfefr moifn e iwnhseptehcetro rst hwihs o Pasrhta,l l thien spruelcets ,a ctrievgiutliaetsi onisn atnhed fpereo-ca edtuor es
of the Authority, and the terms and with
the Authority are being complied with.
Article 163 of the Council
1. There are hereby established the following organs Council!
(a) an Economic Planning Commission;
(b) a Legal and Technical Commission.
2. Each Commission shall be composed of 15 members, by the
Ciofu nnceicles sfarroym, amtohneg Cotuhne cicla ndmiadya tdeesc idneo mitnoa tiendc rbeya set het heS tastiezse Poafr teiietsh.e r HCoowmemviesrs,i on
having due regard to economy and efficiency.
3. Members of a Commission shall have appropriate in the
area of competence of that Commission. States Parties candidates of the highest standards of competence and qualifications in relevant fields so as to ensure the sserci.se the functions of the Commissions.
taken o4.f thIne ntehee d elfeorc teiqouni otfa blmee mbgeerosg raopf hitchael C odmimsitsrsiibountsi,o n duaen d actcheo unt shall be
representation of special interests.
5. No State Party may nominate more sane
Commission. Ho person Commission.
6. Members of foc fiv* They 7. the incapacity or resignation of a member of terra of office, the Council shall elect a member from the same geographical region or area of interest.
Menbers shall have no financial interest in any exploitation in the Area. Subject to fehsir upon which they serve, they shall
termination of their functions, any industrial which transferred to the Authority in accordance annex III, article confidential information coming to duties for the Authority.
466 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1994
(y) establish a subsidiary organ for the elaboration of draft financial
rules, regulations and procedures relating to
(i) financial management in accordance with articles 17
to 175; and
(ii) financial arrangements in accordance with Annex III, article 13
and article l7, paragraph l(c)1
(z) establish appropriate mechanisms for directing and supervising a
staff of inspectors who shall inspect activities in the Area to
determine whether this Part, the rules, regulations and procedures
of the Authority, and the terms and conditions of any contract with
the Authority are being complied with,
Article 163
Organs of the Council
l, There are hereby established the following organs of the Councils
(a) an Economic Planning Commission
(b) a Legal and Technical Commission.
2. Each Commission shall be composed of l5 members, elected 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
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 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 14, or any other confidential information coming to
their knowledge by reason of their duties for the Authority.
Vol. 1833, 1-31363
1994 — Treaty — Recueil Traités_______467
Each with such
lelines and directives as the Council may adopt.
10. foe
approval such as may functions.
11. ie by Recommendations to the Council shall, where necessary, be accompanied &
mutmary the Commission.
12. authority arid exercise of
13» in its with
conpetenee matter Article_de Economie Planning^CgnMigsion
1. Menders appropriate
least economies.
shall* i
(a) propose^ upon the request of the Council, measures to implement
Conventions
minerals fro» in
countries» themt
c) h), Make
Council;
d) 151, area. The
otfaee aieasures
Vol. 1833, 1-31363
1994 United Nations Series • Nations Unies Recueil des Trait~s 467
9. ach 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
epprval such rules and regulations as may be necessary for the efficient
conduct of the Commission's functions,
l3. he decision-making procedures of the Commissions shall be
established the rules, regulations and procedures of the Authority.
econsrendations 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.
23. In the exercise of its functions, each Commission may, where
appropriate, consult another commission, any competent organ of the United
Nations or of ts specialized agencies or any international organizations with
competence in the subject-matter of such consultation.
Article 164
The Economic Planning Commission
l. 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
le&st 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 inerals which may be derived from the Area, bearing tn
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 Councils
(d) propose to the Council for submission to the Assembly, as provided
in article l5l, 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
necesssary for the application of the system or other measures
adopted by the Assembly in specific cases.
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468 United Nations — Treaty Series • Nations Unies — Recueil des Traités_______1994
The Legal and Techn_i cal 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, oeeanology, 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!
(e) supervise, upon the request 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 Areat
(e) make recommendations to the Council on the protection of the marin
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?
(9) keep such roles, 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 co-ordinate the implementation of the monitoring programme approved by the Council;
(i) orfe cothmem eAnudt htoor itthye bCeofuonrcei l thteh aSte ap-rBoecde edDiisnpgust ebse Cihnasmtbietru,t edi no na cbceohradlafn ce
with this Part and the relevant Annexes taking into account
particularly article 187?
Cj) make recommendations to the Council with respect to measures to be
taken, upon a decision by the Sea-Bed Disputes Chamber in proceedings instituted in accordance with subparagraph (i);
Vol. 1833, 1-31363
468 Recueil Trait~s
Article 165
Legal Technical omission
1994
l. Commission shall have appropriate
for and exploitation and
oceanology, of the marine
relating to ocean mining and related
that the
qualifications.
with regard to the exercise of the Authority's
the Council
for activities in the Area in
153, paragraph 3, and submit appropriate
Council. The Commission shall base its
stated in Annex Ii and ehall
Council;
c) request of the Council, activities in the Area,
collaboration with any
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 che Area;
g} keep such rules, recommend to the Council from time to time such amendments as it may deem necessary or desirable;
a monitoring programme to observe, measure, evaluate and recognized effects of pollution of the marine environment resulting from
activities in the Area, ensure that existing regulations are
adequate and are complied with and co-ordinate 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 Sea-Bed Disputes Chamber, in accordance
with this Part and the relevant Annexes taking into account
particularly article 1875
(j) make recommendations to the Council with respect to measures to be
taken, upon a decision by the Sea-Bed Disputes Chamber in
proceedings i)
Vol. 1833, I-31363
1994 — » — Recueil Traités_______469
nake reeonmendations orders,
shall
a basis}
m) nake in'the the
terms
complied with?
authorisations article or othe3r. pTahret ym ecmobnecresr neodf, tbhee Caocmcmoimspsainoine d shbayl la, ruepporne sernetquaetsitv eb yo fa nsyu cSht aSttea tPea rotry
oitnhsepre ctpiaornt.y concerned when carrying out their function of supervision and i
SUBSECTION D. THE
Article 166
the Secretariat
and suc1.h sTthaef f Saesc retthaer Aiuatth oorfi ttyh e mAauyt hroeqruiitrye .shall comprise a Secretary-General
1. The Secretary-General shall be elected for four yaar® by the
Assembly front among the candidates proposed by the Council re-elected.
3. The Secretary-General shall be the officer of
the Authority, and shall act in that capacity in all meetings of Assembly,
aodfm itnhies Ctoruantciivle afnudn cotfi onasn y ass uabcs@i dieanrtyr uosrtgeadn ,t o antdh e shSaelclr eptearrfy-oGremn esruachl obfyc htsht ese
organs.
"Mis ah repoet the work of the Authority.
' Hit .staff thai Authority
1. tt authority aush qualified asdcmiiennitsitfriact iavnea ftuencchtniiocnasl oafn d tohteh eAru thpoerristoyn.nel fulfil th®
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s 469
(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
(1) 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
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.
SUBSECT ION D. THE SECRETARIT
Article 166
Ihe Secretariat
l. The Secretariat of the Authority shall comprise Secretary--and such staff as the Authority may require.
2. The Secretary-General shall be elected for four years by the
Assembly from among the candidates proposed by the Council and may be
re-elected,
3. 'The Secretary-General shall be the chief administrative officer of
the Authority, and shall act in that capacity in all meetings of the Assembly,
of the Council and of any subsidiary organ, and shall perform such other
administrative functions as are entrusted to the Secretary-General by these
organs,
4. The Secretary-General shall make an annual report to the Assembly on
the work of the Authority.
Article 167
The staff of &he Authority
I. 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.
Vol. 1833, I-31363
470 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1994
staff a2.n a "iSnh e tphaer daemtoeunrtm incaotnisiodne ration in the recruitment and employment of the
necessity of securing the higheosft of shall be the standards of efficiency, competence and
integrity. Subject to this consideration, due shall the
importance of recruiting the staff on possible.
3. The staff shall appointed The teens
asnhda lclo nbdei tiino nasc coonrd wahnicceh witthhe y tsheh alrlul ebse, aprpeogiunltaetdi,o nsr eamnudn erpartoecded uarneds doifs mitshes ed Authority.
Article_168
Imte£tiattonaj.__eharactcr t!vs ^Secretariat
staff s1.h allI n notth e speeekr foorr marneccee iovfe tihnesitrr udcuttiioenss fthreo mS aencyr egtoavreyr-nGmeennetr aloe anfar omt hae ny
owthhiecrh msioguhrtc e reexftleercnta lo n tot hetihre Apuotshiotriiotny .a s Tihnetye rsnhaatlilo nacle focfaifni cifarlosm arneys paocntsiiobnl e
oinnltye rtnoa titohen aAlu tchhoarriatcyt.e r oEfa cht hSe tartees poPnasrtiyb iluintdieerst akoefs thteo Sreecspreectta ryth-eG eenxecrlauls iavnedl y the staff and not to seek to influence them in the discharge of their
responsibilities. Any »«Mb»c shall
be submitted to the appropriate rules, regulations and procedures of the 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
daafttear whtihceh taerrem intartainosnf eorfr edt hetior thfeu nActuitohnosr,i tya nyi n iancdcuosrtdrainacle sweicrteht ,A nnperoxp rIIiIe,t ary
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
vfioorltaht iionn ,p arora gra apnha tu2 rashla lolr, jounr idtihec alr epqeuressotn ,o f sap onStsaotree d Pabryt ya aSftfaetcet ePda rbtyy sausc h
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
Patty affected shall have the right to take part in the proceedings. 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.
co-operation 1. governmental
Economie Vol. 1833, 1-31363
Recueil Trait~s 2, The paramount consideration in the recruitment and employment of staff and in the determination of their conditions of service shall be the
necessity of securing the highest standards of efficiency, competence and
integrity. Subject to this consideration, due regard shall be paid to the
importance of recruiting the staff on as wide a geographical basis as possible.
3, 'The staff shall be appointed by the Secretary-General. The terms
and conditions on which they shall be appointed, remunerated and dismissed
shall be in accordance with the rules, regulations and procedures of the
Authority.
Article International character of the Secretariat
l. 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 shell
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 Subject
to 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
of their employment with the Authority.
3. Violations of the obligations of a staff member of the Authority 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 so recommends, the Secretary-General shall dismiss the The rules, regulations and procedures of the Authority shall such provisions as are necessary to implement this article.
Article 169
Consultation and cooperation with international and
non-governmental organizations
l. The Secretary-General shall, on matters within the competence of the
Authority, make suitable arrangements, with the approval of the Council, for
consultation and co-operation with international and non-governmental
organizations recognized by the Economic and Social Council of the United
Nations.
Vol. 1833, I-31363
1994 — — Recueil Traités 1 of 1 SUBSECTION E. THE ENTERPRISE
1. 2. The Enterprise shall, within the framework of the international
legal personality of the Authority, have such legal capacity as is providad
for in the Statute set forth in Annex IV. The Enterprise shall act in
atchec orAdutahnocrei twyi,t h ast hwise lClo navse ntthieo ng enaendr alt hep olruilceise,s reesgtualbaltiisohnesd abnyd tphre ocAesdsuemrbelsy ,o f
and shall be subject to the directives and control of the Council.
4. The 3 e
11, carry article
other SUBSECTION F. FINANCIAL ARRANGEMENTS OF THE AUTHORITY
include?
(a) 2{j
13»
Area)
c) 10»
(d) funds borrowed pursuant to article 174i
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 471
2. Any organization with which the Secretary-General has entered into
an arrangement under paragraph l may designate representatives to attend
meetings the organs of the Authority as observers in accordance with the
rules of procedure of these organs. Procedures shall be established for
obtaining the views of such organizations in appropriate cases.
3. The Secretary-General may distribute to States Parties written
reports submitted by the non-governmental organizations referred to in
paragraph l on subjects in which they have special competence and which are
related to the work of the Authority.
SUBSECTION E. THE ENTERPRISE
Article 170
The Enterprise
l. 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 franework of the international
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.
'The Enterprise shall, in accordance with article 173, paragraph 2,
and Annex IV, article ll, 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.
ARRANGEMENTS OF THE AUTHORITY
Article 171
Funds of the Authority
The funds of the Authority shall include
a) assessed contributions made by members of the Authority in
accordance with article 160, paragraph 2(e)
(b) funds received by the Authority pursuant to Annex III, article l3,
in connection with activities in the Area
(c) funds transferred from the Enterprise in accordance with Annex IV,
article l0
(d) funds borrowed pursuant to article 174
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472_______United Nations — Treaty Series » Nations Unies — Recueil des Traités_______1994
e) entities? 133.,,
re-commended Bcononie
authority
th«
thereon. 1. 171, a),
the expenses.
171, a), funds alia;
a) 140 >
b) 4j
c) 1. 160,
2(£).
4. 472 United • -Recueil Trait~s 1994
(e) voluntary contributions made by members or other entities and
(f) payments to a compensation fund, in accordance with article 1l,
paragraph 10, whose sources are to be recommended by the Bconoeic
Planning Commission.
Article 172
Annual budget of the Authority
The Secretary-General shall draft the proposed annual budget of the
Authority and submit it to the Council. The Council shall consider the
proposed annual budget and submit it to the Assembly, together with any
recommendations thereon, The Assembly shall consider and approve the proposed
annual budget in accordance with article 160, paragraph 2(h).
Article 173
Expenses of the Authority
l, The contributions referred to in article 17l, 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 I7l, subparagraph (a), the funds which remain after
payment of administrative expenses may, inter slier
(a) be shared in accordance with article l40 and article 160,
paragraph 2(g) 1
(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(1).
Article 174
Borrowing power of the Authority
l. 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 l60,
paragraph 2(f).
3. The Council shall exercise the borrowing power of the Authority.
d. States Parties shall not be liable for the debts of the Authority.
Article 175
Annual audit
The records, books and accounts of the Authority, including its annual
financial statements, shall be audited annually by an independent auditor
appointed by the Assembly.
Vol. 1833, I-31363
1994 — Treaty — Recueil Traités SUBSECTION G. LEGAL STATUS, PRIVILEGES AND IMMUNITIES
legal capacity as may be necessary for the exercise of its functions and the
r>f its ourposes.
subsection. shall be
those 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 Article 179
Immunity any form of The property and assets of the Authority, wherever located and by
whomsoever held, shall be immune from search, requisition, confiscation,
expropriation action.
regulations,
controls and moratoria
of 1. The archives of the wherever located, shall be inviolable.
2. Proprietary data, industrial secrets or similar information and
personnel 3. With regard to its official communications, the Authority shall be
by that State to other international organizations.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s
SUBSECTION G. LEGAL STATUS, PRIVILEGES AND IMMUNITIES
Article 176
Legal status
473
The Authority shall have international legal personality and such legal
capacity as may be necessary for the exercise of its functions and the
fulfilment or it= ourposes,
Article 177
Privileges and immunities
To enable the Authority to exercise its functions, it shall enjoy in the
territory of each State Party the privileges and immunities set forth in this
subsection. The privileges and immunities relating to the Enterprise shall be
those set forth in Annex IV, article 13.
Article 178
Immunity from legal process
The Authority, its property and assets, shall enjoy immuunity from legal
process except to the extent that the Authority expressly waives this immunity
in a particular case.
Article 179
Immunity_ from search and any_form pf seizure
The property and assets of the Authority, wherever located and by
whomsoever held, shall be immune from search, requisition, confiscation,
expropriation or any other form of seizure by executive or legislative action.
Article 180
Exemption from restrictions, regulations,
controls and moratoria
The property and assets of the Authority shall be exempt from
restrictions, regulations, controls and moratoria of any nature.
Article 181
Archives and official communications pf the Authority
l. 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.
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474 United Nations — Treaty Series » Nations Unies — Recueil des Traités_______1994
Article 182
and immunities of certain persons connected
with the 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 this immunity in a particular case}
(b) if they are not nationals of that State Party, the same from immigration restrictions, alien registration and
national service obligations, the same facilities as regards
exchange restrictions and the same treatment in respect of
travelling facilities as are accorded by that State to the
representatives, officials and employees of comparable rank of
other States Parties.
Article 183
Exemption from taxes and customs duties
1. Within the scope of its official activities, the Authority, its
assets and property, its income, and its operations and transactions,
authorized by this Convention, shall be exempt from all direct taxation and
goods imported or exported for its official use shall be exempt from all
customs duties. The Authority shall not claim exemption from taxes which are
no more than charges for services rendered.
2. When purchases of goods or services of substantial value necessary
for the official activities of the Authority are made by or on behalf of the
Authority, and when the price of such goods or services includes taxes or
duties, appropriate measures shall, to the extent practicable, be taken by
States Parties to grant exemption from such taxes or duties or provide for
their reimbursement. Goods imported or purchased under an exemption provided
for in this article shall not be sold or otherwise disposed of in the
territory of the State Party which granted the exemption, except under
conditions agreed with that State Party.
3. tax shall be levied by States Parties on or in of
salaries and emoluments paid or any other form of payment made by the
Authority to the Secretary-General and staff of the Authority, as well as
experts performing missions for the Authority, who are not their nationals.
SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS
AND PRIVILEGES OF MEMBERS
Article 184
of the exercise of 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.
Vol. 1833, 1-31363
474 -Treaty • Recueil Trait~s
Article 182
Privileges and immunities of certain persons connected
with the Authority
1994
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) inanunity 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 particular case
(b) if they are not nationals of that State Party, the same exemptions
from immigration restrictions, alien registration requirements and
national service obligations, the same facilities as regards
exchange restrictions and the same treatment in respect of
travelling facilities as are accorded by that State to the
representatives, officials and employees of comparable rank of
other States Parties.
Article 183
Exemption_from taxes and customs duties
l. Within the scope of its official activities, the Authority, its
assets and property, its income, and its operations and transactions,
authorized by this Convention, shall be exempt from all direct taxation and
goods imported or exported for its official use shall be exempt from all
customs duties. The Authority shall not claim exemption from taxes which are
no more than charges for services rendered.
2. When purchases of goods or services of substantial value necessary
for the official activities of the Authority are made by or on behalf of the
Authority, and when the price of such goods or services includes taxes or
duties, appropriate measures shall, to the extent practicable, be taken by
States Parties to grant exemption from such taxes or duties or provide for
their reimbursement. Goods imported or purchased under an exemption provided
for in this article shall not be sold or otherwise disposed of in the
territory of the State Party which granted the exemption, except under
conditions agreed with that State Party.
3. No tax shall be levied by States Parties on or in respect of
salaries and emoluments paid or any other form of payment made by the
Authority to the Secretary-General and staff of the Authority, as well as
experts performing missions for the Authority, who are not their nationals,
SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS
AND PRIVILEGES OF MEMBERS
Article 184
Suspension of the exercise pf 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.
Vol. 1833, 1-31363
1994 United Nations — Treaty Series • Nations Unies — Recueil des Traités of of 1. No 1 SECTION 5. SETTLEMENT OF DISPUTES AND ADVISORY OPINIONS
(a) »
concerning:
i) therewith; ii) power;
c) paragraph t
a work} ii) : interests)
Vol. 1833, 1-31363
Recueil Trait~s 475
Article 185
Suspension pf exercise pf rights
and privileges of membership
l. 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. action may be taken under paragraph l until the Sea-Bed Disputes
Chamber has found that a State Party has grossly and persistently violated the
provisions of this Part.
SETTLEMENT OF DISPUTES Article 186
Sea-Bed Disputes Chamber of the
International Tribunal for the Law of the Sea
The establishment of the Sea-Bed Disputes Chamber and the manner in
which it shall exercise its jurisdiction shall be governed by the provisions
of this section, of Part XV and of Annex VI.
Article 187
Jurisdiction of the Sea-Bed Disputes Chamber
The Sea-Bed 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 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
Vol. 1833, I-31363
476 — Treaty — Recueil Traités_______1994
d) been a State as in article 153, paragraph 2
b), Annex
III, article 4, 6, and article 13, paragraph 2,
the refusal of a contract or a legal issue arising in
the negotiation of the contract}
(e) deinstpeurtpersi sbee otrw eean nattheu rAault hoor rijtuyr iadnidc ala Spteartseo n Pasrptoyn,s oar esdt abtye a State
Party as provided for in article 153, paragraph 2(b), where it is
Aanlnleexg edII It,h aat rttihcel Ae ut2h2)ority has incurred liability as provided in
(£) any other disputes for which the jurisdiction of the Chamber I» specifically provided in this Convention.
Submission of disputAerst itcol ea 1s8p8ecial chamber of the
Intcehranmabteiro noafl tThrei bSuenaa-lB efdo rD itshpeu tLeasw Cohfa mtbheer Soera toor bainn daidn ghoc commercial arbitration
subpara1.g rapDhi sp(uat),e sm baeyt wbeee ns ubSmtiattteesd :Parties referred to in article 187,
(a) oaft tthhee rIenqtueersnta toifo natlh e Tprairbtuineasl ftoor thteh e diLsapwu toef, ttheo aS eas petcoi able cfhoarmmbeedr in accordance with Annex VI, articles 15 and 17} or
(b) atthe tShee a-rBeeqdu eDsits opfu teasn yC hpaamrbteyr tot o tbhee dfiosrpmuetde ,i n toa ccano rdada nhceo c wicthha mAbnern eoxf VI, article 36.
2. (a) Disputes concerning the interpretation or application of a
csounbtmirtatcetd ,r eafte rrtehde rteoq uien sta rotfi claen y 1p87a,r tys ubtpo artaheg rdaipshp u(tce) ,( it),o bsihnadliln gb e
ercial arbitration, unless the parties otherwise agree. A
shalle rhcaivael naor bjiturrails ditcrtiibounn alt o tdoe cwihdiceh antyh eq udeisstpiuotne oifs siunbtmeirtptreedt ation
of this Convention. When the dispute also involves a question of
wtihteh irnetseprepcrte ttaot iaocnt oifv itPiaerst XiIn atnhde Atrheea ,A nntehxaet sq ureesltaitoinn g shtahlelr etboe, referred to the Sea-Bed Disputes Chamber for a ruling.
(b) If, at the commencement of or in the course of such
arrebqiutersatt ioofn ,a nyt hpe arartbyi ttroa lt het rdiibusnpault ed eotre rpmrionpersi,o meoittuh,e r tahta t thiet s daercbiistriaoln dterpiebnudnasl upsohnal la rreufleirn g suocfh tqhuee sSteiao-nB edt o Dtihsep uSteesa -BCehadm bDeirs,p uttehse Cthoa mrbeenrd erf ori tss ucahw arrdul iinng .c onDfioer mairtbyi twritahl tthrei burnualli ngs hoafl l tthhee nS epar-oBceede d Disputes Chamber.
(c) In the absence of a provision in the contract on the
arbitration procedure to be applied in the dispute, the arbitration
Rshualells 1 boer csouncdhu cottehde ri na rabcictorradtainocne rwuiltehs tahse mUaNyC IbTeR ApLr eAsrcbriitbreadt iionn the rules, regulations and procedures of the Authority, unless the
parties to the dispute otherwise agree.
1 United Nations, Official Records of the General Assembly, Thirty-first Session, Supplement No. I7(A/31/17),
chap. V, sect. C.
United Nations Series • Nations Unies -Recueil des Trait~s 1994
(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
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), it is
alleged that the Authority has incurred liability as provided in
Annex III, article 22
(f) any other disputes for which the jurisdiction of the Chamber is
specifically provided in this Convention.
Article 188
Submission pf disputes to a special chamber of the
International Tribunal for the Law of the Sea or an ad hoc
ghamber pf the Sea-Bed Disputes Chamber pr 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 Doc chamber of
the Sea-Bed 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 Sea-Bed 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 Sea-Bed Disputes Chamber, the
arbitral tribunal shall refer such question to the Sea-Bed Disputes
Chamber for such ruling, The arbitral tribunal shall then proceed
to render its award in conformity with the ruling of the Bea-Bed
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.
17 (31/Vol. 1833, 1-31363
1994_______United — » — Recueil Traités_______477
limitation with authority
The Sea-Bed regard to
the exercise by the of its discretionary powers in accordance with
Part;, 191, itself on the question of whether any rules, regulations and procedures of the
of under this Convention, claims concerning excess of jurisdiction or misuse of
power, Convention.
Article 190
1. is 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
c), sponsoring that person to in the proceedings on behalf of that person.
Failing such appearance, the respondent State may arrange to be represented by
a Sea-of the Assembly or the Council on legal questions arising within the scope of
Such PART XII
PROTECTION AMD PRESERVATION OF THE MARINE ENVIRONMENT
SECTION i. GENERAL PROVISIONS
General Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 189
Limitation on jurisdiction with regard to decisions of the Authority
477
The Sea-Bed 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 l9l, in exercising its jurisdiction
pursuant to article 187, the Sea-Bed 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 any rules, regulations and
procedures of the Authority in individual cases would be in conflict with the
contractual obligations of the parties to the dispute or their obligations
under this Convention, claims concerning excess of jurisdiction or misuse of
power, and to claims for damages to be paid or other remedy to be given to the
party concerned for the failure of the other party to comply with its
contractual obligations or its obligations under this Convention,
Article 190
Participation and appearance of sponsoring States Parties in proceedings
l. If a natural or juridical person 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 State Party by a natural or
juridical person sponsored by another State Party in a dispute referred to in
article 187, subparagraph (c), the respondent State may request the State
sponsoring that person to appear in the proceedings on behalf of that person.
Failing such appearance, the respondent State may arrange to be represented by
a juridical person of its nationality.
Article 191
Advisory opinions
The Sea--Bed 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. Buch opinions shall be given as a matter of urgency.
PART XII
PROTECT ION AND PRESERVATION OF THE MARINE ENVIRONMENT
I. Article 192
general obligation
States have the obligation to protect and preserve the marine
environment.
Vol. 1833, I-31363
— » — Recueil Traités_______1994
Article 193
of States to 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 of the
marine 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 harmonise 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 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. Itoe 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,
1 operation and manning of vessels;
(c) pollution from installations and devices used in exploration or
exploitation of the natural resources of the sea-bed 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. Activities pursuance Vol. 1833, 1-31363
478 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1994
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 pf the
marine environment
l. 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, intet
alila, 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 sea-bed 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.
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.
Vol. 1833, I-31363
1994 — Treaty » — Recueil Traités_______479
5. Fart narine Article_19_5
Duty not to transfoefr pdoalmlaugtei oonr ihnatzoa radnso tohre rtransform one type
marine Ien nvtiarkoinnmge nmte,a suSrteast est os phraelvle natc,t srosa uacs e naontd tcoo nttrraonls fepro,l lduitrioenc tolfy otrh e oifn dpiorlelcutltyi,o nd aimnatgoe anoro thhearz.ards from one area to another or transform one type
article Dee or of control1. polSltuattieosn s ohfal lt hét amkaer ianlel meenavsiurroensm ennetc ersessaurlyt intgo pfrreovme ntth,e urseed uocef and
technologies under their jurisdiction or control, or the intentional or
amcacriidneen teanlv irionntmreondtu,c twihoinc ohf masype cciaeuss,e asliigenni foirc annetw ,a ntdo h aa rmpfarutli ccuhlaanrg epsa rtth eorfe tot.he
environment.
SECTION 2. GLOBAL AND REGIOHM, CO-OPERATION
&£tjclf_jL97
operation on & or baa is
States shall co-operate on a global basis and, as appropriate, on a
rfeogrimounlaalt ibnags iasn,d deilraebcotrlayt ionrg tihnrtoeurgnha tcioomnpaelt ernutl esi,n tesrtnaantdiaorndasl aonrdg arneicsoamtmieonndse,d in apnrda cptriecseesr vaantdi opnr oocfe d.utrhee sm acroinnsei setnevnitr ownimtehn tt,h ist aCkoinnvge nitnitoon ,a ccfoour ntt hec hparroatcetecrtiisotni c regional features.
notification of or damage
When eas,«s innediately agaJMt^ 19 , TO States environment.
Vol. 1833, 1-31363
1994 United Nations Series • Nations Unies -Recueil des Trait~s 479
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 daage or hazards pr 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
pge of technologies pr introduction pf alien or new species
l. States shall take all measures necessary to prevent, reduce and
control pollution of th~ 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%
GLOBAL AND REGIONAL CO--OPERATION
Article 197
Co-pperation pn a global pr regional basis
States shall co-operate on a global and, as appropriate, on 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
features,
Article 198
Notification pf imminent pr actual @age
hen 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 l98, States in the area affected, in
accordance with their capabilities, and the competent international
organizations shall co-operate, to the extent possible, in eliminating the
effects of pollution and preventing or minimizing the damage. To this end,
Btates shall jointly develop and promote contingency plans for responding to
pollution incidents in the marine environment,
Vol. 1833, I-31363
480 — Treaty — Recueil Traités_______1994
Article 200
research of
information and data
organisations, scientific ana and data
acquired o£ endeavour to
participate actively in regional ana global programmes to acquire knowledge
for the assessment of the nature and extent of pollution, exposure to it, and
its pathways, ana remedies.
201
Scientific article
States organisations, procedures marine environment.
SECTION 3. TECHNICAL ASSISTANCE
article 'Scientific States
organizational
(a) and other
and preservation
inter «liai
»
ii) programmes!
iii) facilities)
iv) equipment}
(v) advice on and developing facilities for research, monitoring,
educational and other programmes;
(b) pfroro vitdhee maipnpirmoipzraitaitoen a sosfi stthaen ceef,f ecetssp eocfi amlaljyo rt o idnecviedleonptisn gw hSitcaht emsa,y
cause serious pollution of the marine environment)
(c) cpornocveidren ianpgp rtohpe riparteep aarsastiisotna nocfe ,e nevsipreocnmieanltlayl taos dseesvsemleonptisn.g States,
United Nations -Treaty Series • Nations Unies Recueil des Trait~s
Article 200
Studies, research programmes and exchange pf
information and data
1994
States shall co-operate, 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 20l
scientific criteria for regulations
In the light of the information and data acquired pursuant to article
200, States shall co-operate, directly or through competent international
organizations, in establishing appropriate scientific criteria for the
formulation and elaboration of rules, standards and recommended practices and
procedures for the prevention, reduction and control of pollution of the
marine environment.
SECTION 3. TECHNICAL ASSISTANCE
Article 202
Scientific and technical assistance to developing States
States shall, directly or through competent international organizations
a) promote programmes of scientific, educational, technical and other
assistance to developing States for the protection and preservation
of the marine environment and the prevention, reduction and control
of marine pollution. Such assistance shall include, inter 4liar
(i) training of their scientific and technical personnel
(ii) facilitating their participation in relevant international
progr ammes
(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.
Vol. 1833, 1-31363
1994_______United Nations — Treaty Series » Nations Unies — Recueil des Traités_______481
foe int
assistance) and
SECTION 4. MONITORING AND ENVIROWENTAL ASSESSMENT
risks 1. States endeavour,
organisations, to observe, measure, evaluate and analyse, by recognized
methods, environment.
any activities which they permit or in which they engage in order to determine
whether these activities are likely to pollute the marine environment.
States article
204 or such reports at appropriate intervals to the competent
States.
Assessment of effects of activities
activities under their jurisdiction or control may cause substantial pollution
assessments in the manner provided in article 205.
SECTION MARINE ENVIROIMENT
1. land-rivers, estuaries, Vol. 1833, 1-31363
1994 United • -Recueil Trait~s
Article 203
Preferential treatment for developing States
481
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
l. States shall, consistent with the rights of other States, endeavour,
as far as practicable, directly or through the competent international
organisations, 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 pf 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.
SECT ION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION TO PREVENT,
REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT
Article 207
Pollution from land-based sources
l. 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.
Vol. 1833, I-31363
— — Recueil Traités 2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
connect3.i on Satta tetsh e sahpaplrlo pernideaatveo urre gitoon ahla rmleovneilz.e their policies in this
organiz4.a tioSntsat eosr, daicptlionmga teiscp ecconifaelrleyn cteh,r ousghha llc omepnedteeanvotu ri nttoe rensattaiobnlails h 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
tthoxoisce, dehsairgmnfeudl otro mnionxiimoiuzse ,s ubtsot atnhcee sf,u lelesspte ceixatlelnyt tphoosssei bwlhei,c h taher e repelresaisset eonft , into the marine environment.
Article 208
1 4. States shall endeavour to harmonize their policies in this
connection at the appropriate regional level.
5. States * acting especially through compétent international
organizations or diplomatic conference, shall.establish global and regional
rules, standards and recommended practices and procedures to prevent, reduc»
Sauncdh c ornutlerso,l psotlalnudtairodns oafn d three cmoamrmienned eedn vpirraocntmiecenst arnedfe rprreodc edtuor eisn psahraalglr abpeh 1.
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
nIanr iancec oerndvainrcoen mweintth Pfarrotm XaIc titvoi ptrieevse nitn, trheed uAcreea .a nd Scuocnht rroull eps,o llruetgiuolna toifo nsth aen d
procedures shall be re-examined from time to time as necessary.
482 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
3. States shall endeavour to harmonize connection at the appropriate regional level.
4. States, acting especially through competent international
organizations or diplomatic conference, shall endeavour to establish necessary,
5, l, those designed to minimize, to the fullest extent possible, the release of
toxic, harmful or noxious substances, especially those which are persistent,
Article 208
Pollution from sea-bed activities subject to
national jurisdiction
l Coastal States shall adopt laws and regulations to prevent, reduce
and control pollution of the marine environment arising from or in connection
with sea-bed 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.
States, acting especially competent organizations diplomatic rules, reduce
and control pollution of the marine environment referred to in paragraph l,
Buch rules, standards and recommended practices and procedures shall be
necessary,
i
1, International rules, regulations a n d procedures shall be established
in accordance vith Part XI to prevent, reduce and control pollution of the
marine environment from activities in the Area. Such rules, regulations and
procedures be necessary%
Vol. 1833, I-31363
1994 — — Recueil Traités 2. Subject to the relevant provisions of this section, States shall
maadroipnte leanwvs iarnodn mreengtu lfartoimo nasc ttiov iptrieevse nitn, trheed uAcree aa nudn dceornttarkoeln pboyl lvuetsiseolns ,o f the
riengsitsatllrayt ioorn so,p ersattriuncgt uruensd era ndt hoetihr era utdheovriicteys, flays intgh et hceaisre mfalayg beo.r oAfi e their
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
oarngda nriezgaitoinoanls rourl esd,i plsotmaandtaircd cso nafnedr ernecceo,m mesnhdaeldl pernadcetaivcouers atnod epsrtoacbeldiusrhe gsl otboa l prevent, reduce and control such pollution. Such rules, standards and
nreecceosmsmaernyd.ed practices and procedures shall be re-examined from time to time as
or onto5. thDeu cmpoinntgi nweintthailn sthheel f tesrhrailtlo rnioatl bsee ac aarnrdi edth eo uetx cwliutshiovuet etchoen oemxipcr eszso ne apnrido cr onatprporlo vaslu coh fd utmhpe icnoga satftaelr Sdtautee ,c ownhsiicdhe rhaatsi onth eo fr itghhet mattot epre rmwiitt,h ortehgeurl ate aSftfaetcetse dw hitchher ebbyy .reason of their geographical situation may be adversely
in prev6.e ntiNnagt,i onraeld ucliawnsg, anrde gcuolnattrioonlsl inagn d smuecahs uproelsl utsihaolnl tbhea n not hel egslso beaflf ecrtuilevse
and standards.
211
general1. dipSltaotmeast,i ca cctoinnfge retnhcreo,u ghs hatlhle ceosmtapbelteinsht iinntteerrnnaattiioonnaall orruglaens izaantdi on or standards to prevent, reduce and control pollution of the marine environment
afprpormo pvreisasteel,s oafn d rporuotmeoitneg styhes taedmosp tdieosni,g neidn tthoe msianmiem imzaen ntehre, twhhreeraetv eorf accidents which might cause pollution of the marine environment, including the
coastline, and pollution damage to the related interests of coastal States.
Stuoc ht irmuel eass naencde ssstaarnyd.ards shall, in the same manner, be re-examined from time
reducti2.o n aSntda tecso nsthraolll o fa dpoopltl ultaiwso n aonfd rteheg umlaartiinoen se nfvoir rotnhmee nptr evfernotmi ovne,s sels lfelaysitn gh atvhee irt hef lsaagm oer efoffe ctthe iars rtehgaits torfy .g eneSruaclh lyl aawcs caepntde dr egiunltaetrinoantsi onsahla lrlu laets gaennde rsatla nddiaprldos maetsitca bcloinsfheerde ntcher.ough the competent international organization or
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 483
adopt laws and regulations to prevent, reduce and control pollution of marine environment from activities in the Area undertaken by vessels,
installations, structures and other devices flying their flag or of registry or operating under their authority, as the case may be. The
international rules, regulations and procedures referred to in paragraph l,
Article 210
Pollution by dumping
1. States shall adopt laws and regulations to prevent, reduce and
dumping,
2. States shall take other measures as may be necessary to prevent,
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, and
recommended practices and procedures shall be reexamined from time to time as
necessary,
5. Dumping within the territorial sea and the exclusive economic one
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 2l1
Pollution from vessels
1, States, acting through the competent international organization or
general diplomatic conference, shall establish international rules and
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 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.
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484_______United — » — Recueil Traités_______1994
3. States which establish particular requirements for the prevention,
rCeord uctthieo ne natnrdy coofn tfroorle iogfn pvoelslsuetliso ni notfo tthhee irm arpionret se onrv irionntmeernnta la ws ata ecrosn dori tifoorn a
call at their off-shore terminals shall give due publicity to such
requirements and shall communicate them to the competent international
otrwgoa noirz amtoiroen .c oWahsetnaelv eSrt astuecsh irn eaqnu ireenmdeenavtosu ra ret oe hsatrambolniiszhee d poilni ciyd,e ntthiec al fora by
ccoom-moupneircaattiivoen arsrhaanlgle mienndtisc.a te Ewvheircyh StSattaet ess haalrle praerqutiircei patthei nmga sitne rs uocfh a vessel
offly ia ngS taittes pfalratgi cori paotfi nigt s inr egsiuscthr yc,o -wohpeerna tniavvei gaartrianngg ewmietnhtisn, tthoe ftuerrnriistho,r iuaplo ns ea Stthaet er eoqfu estthe o fs amteh atr egSitaotne ,p aritnifcoirpmaattiinogn aisn stuoc hw hceoth-eorp eriatt iivse parrorcaenegdeimnegn ttso aan d, itfh asto ,S tattoe .i ndTihciast e awrhteitchleer isi t wciotmhpoluite sp rweijtuhd icteh e tpoo rtth ee nctornyt inrueeqdui erexmeernctiss eo fb y a
vpeasrasgerla pohf 2i.ts right of innocent passage or to the application of article 25,
4. Coastal States may, in the exercise of their sovereignty within
rtehediurc titoenr raintdo rcioanl tsreoal, oaf dmoaprti nlea wps olalnudt iroeng ulfartoimo nfso refiorg n tvhees sperlesv,e ntiinocnl,u ding vsehsalsle,l s ienx earccciosrdianngc et hwei trhi gPhatr ot f IIi,n nosceecntti onp as3s, agneo.t hSaumcphe rl awisn naoncde ntr epgauslsaatigoen so f foreign vessels.
5. Coastal States, for the purpose of enforcement as provided for in
sreecgtuiloant io6,n sm afyor int her epsrpeevcetn toifo nt,h eirre deuxcctilouns ivaen d eccoonntormoilc ozfo npeos laldutoipotn lafwrso ma nd
vreuslseesl sa ncdo nsftoarnmdianrgd s toe satnadb lgiisvhiendg tehfrfoeucght ttoh eg ecnoemrpaeltleyn ta cicnetpetrenda tiionntaelr national organization or general diplomatic conference.
6. (a) Where the international rules and standards referred to in
pcaoraasgtraalp hS ta1 taerse haivnea derqeuaastoen abtloe m egerto unsdpse cifaorl cbierlciuemvsitnag nctehsa t ana d peacrotniocmuilca rz,o ncels eairsl ya n daerfeiane wdh earree a tohfe atdheoiprt iorne sopfe ctsipveec iaelx cmlaunsdiavteo ry
mfeora surreecso gfnoirz edt het epcrhenviecnatli orne aosfo npso lilnu trieolna tiforno m tvoe sistesl os ceiasn orgerqaupihriecda l parnodt eecctoiloong iocfa l ictos ndrietsioounrsc,e s aasn dw eltlh e apsa rittisc uultairl izcahatriaocnt eorr otfh e its
ttrharfofuigch, thteh ec coomapsettaeln t Stiantteesr,n aatfitoenra l aoprpgraonpirziaattieo cno wnistuhl taatniyo nost her Stthaatt eosr gcoannciezranteido,n, , masyu,b miftort intgh ats caireenat,i fidci raencdt at eccohmnimcuanli ceavtiiodne ncteo in support and information on necessary reception facilities. Within
1s2h amloln tdhest earfmtienre wrheectehievri ngt hes uccoh ndai tcoimomnusn iicna ttihoant, artehae coorrgraensipzoantdi ont o tthhee croeaqsutiarle mSetnatst ess etma oy,u t foarb ovteh.a t aIrfe at,h e aodrogpta nilzaawst ioann d sor edgeutleartmiionness ,
fiomrp letmhee ntpirnegv enstuicohn ,i nrteedruncattiioonn aaln dr ucloenst raonld osft apnodlalrudst ioorn nfarvoimg vaetaisoanlasl
psrpaecctiiacle asr eaass .a re Tmhaedsee alpapwlsi caanbdl er,e gutlhartoiuognhs thseh aolrlg annoitz abteicoonm,e for 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.
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484 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
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 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
co-operative arrangements, Every State shall require the master of flying its flag or of its registry, when navigating within the territorial sea
of a State participating in such co-operative 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 co-operative 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 veasel of its paragraph 2.
4. 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. 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
(a) paragraph l 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 traffic, the coastal States, after appropriate consultations
through the competent international organization with any other
States concerned, may, for that area, direct a commmnication 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 l5 months after the organization,
(b) The coastal States shall publish the limits of any such
particular, clearly defined area.
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1994 United Nations — Treaty Series • Nations Unies — Recueil des Traités 485
the the reduction and
shall, submitting the
at not foreign
manning standardsi IS
months 7. ttie States, coastline or discharges.
Article_212
or 1. environnent procedures reduce ana 3. throng!» global
prevent, reduce and SECTION 6. EMPQHCE& T
»£tiglf_Bnforcenent with fro» land-sources
ana necessary baaed Vol. 1833, 1-31363
1994 United Nations Treaty • Nations Unies Recueil des Trait~s (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 l5
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 Gair related interests may be affected by incidents,
including maritime casualties, which involve discharges or probability of
discharges,
Article 212
Pollution from pr through the atmosphere
l, 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
organisations or diplomatic conference, shall endeavour to establish and regional rules, standards and recommended practices and procedures to
prevent, reduce and control such pollution.
SECT ION 6. ENFORCEMENT
Article 213
Enforcement itth respect to pollution fro_land-based 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.
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486 — Treaty — Recueil Traités ______ 1994
»rticlg_214
aear-bed States shall enforce their laws and regulations adopted in accordance
wnietches asratriyc lteo 2i0m8p laenmde nts haaplpll iacdaobplte laiwnst earnnda trieognualla triuolness aanndd sttaakne doatrhdesr measures
established through competent international organizations or diplomatic
caornifseirneg ncfer otmo o rp reivne ncto*n nercedtuicoen awnidt hc osnetar-oble dp oalcltuitviiotni eosf stuhbej emcatr itnoe tehneviirr onnent jurisdiction and front artificial islands* installations and structures under
their jurisdiction, pursuant to articles €0 and 80.
; Article ,,215
Enforcement with to ..from activities in the Area
establiEsnhfeodr ceimne anctc oofr dainnctee rwniatthio Pnaarlt rXuIl est,o prreegvuelnatt,i onrse dauncde apnrdo cceodnutrreosl pgoolvleurtnieodn boyf tthhaet nPaarrti.ne environment front activities in the Area shall be
Enforcement with reapàet_t_o pollution by dumping
applica1.b le Laiwnst earnnda trieognualla triuolness aadnod ptsetda ndian radcsc oersdtaanbclei swhietdh thtrhoiusg Ch oncvoemnptetieonnt and
international organisations or diplomatic conference for the prevention,
reduction and control of pollution of the marine environment by dumping shall
be enforced s
(«) by shelf}
(b) by the flag State with regard to vessels flying its flag or vessels
or aircraft of its registry;
NO by flag their r1.e giSsttrayt ewsi tshha lalp pelniscuarbel ec oimnptleirannactei obnya lv ersusleelss anfdl yisntga ndtahredisr, fleasgt aobrl iosfh ed through the competent international organization or general diplomatic
ctohnifse rCeonncvee,n tiaonnd wfiort h thteh eiprr evleanwtsi oann,d rreegduulctaitoino nsan da dcoopntterdo li no fa cpcoolrlduatnicoen woift h the mraergiulnaet ieonnvsi raonndme ntta kef rootmh evre smseealssu raensd nsehcaelsls aacrcyo rfdori ngtlhyei ra doipmtp lelmaewnst aatnido n. Flag States shall provide for the effective enforcement of such rules, standards,
laws and regulations, irrespective of where a violation occurs.
Vol. 1833, 1-31363
United Nations Series • Nations Unies Recueil des Trait~s
Article Enforcement with respect to pollution from
sea-bed activities
shall enforce their laws and regulations adopted in with article 208 and shall adopt laws and regulations and take other necessary to implement applicable international rules and standards
through competent international organizations or diplomatic
conference to prevent, reduce and control pollution of the marine environment
arising from or in connection with sea-bed activities subject to their
jurisdiction and from artificial islands, installations and structures under
jurisdiction, pursuant to articles 60 and 80.
Article 215
Enforcement_ith 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 regpact to pollution by dumping
l, 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) 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 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
l. 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
standards,
laws and regulations, irrespective of where a violation occurs.
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1994 United Nations — Treaty Series • Nations Unies — Recueil des Traités 487
particular, 'order ensure flag ftora
sailing» until can proceed compliance referred 1, and vessels.
vessels registry standards 1. shall
flying verify of. spotted.
request
any
delay
Flag information @. vessels Article_21j
by 1. when a| 'from
aone Ko 1 Vol. 1833, 1-31363
1994 United Nations Treaty • Nations Unies Recueil des Trait~s 487
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 l, 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 l. 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 the assistance of any other State whose co-operation 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 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 institute such proceedings in accordance with their laws.
7. lag States shall promptly inform the requesting State and the
competent international organization of the action taken and its outcome.
Such inforaation 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
l. 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 fron
that vessel outside the internal waters, territorial sea or exclusive economic
one 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 l 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
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th
Shall, 1, damage 4. a to this article shall be transmitted upon request to the flag State
to basis of such an investigation may, subject to section 7, 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 case, posted
with the transmitted the coastal State. Such transmittal shall preclude the continuation of
proceedings of Subject, to of their off-shore terminals is in violation of applicable international rules
and standards sailing. r novai by 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
respect adopted accordance standards vessels
when the exclusive
«one (there a vessel a passage laws and where the
evidence 7.
31363
488 United Nations Series • Nations Unies Recueil des Trait~s 1994
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 l, believed to have occurred in, caused, or threatened 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.
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 pf 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
l. 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%
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1994 — — Recueil Traités 489
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
tthoa pta vreagsrsaeplhs 3f.lying their flag comply with requests for information pursuant
5. Where there are clear grounds for believing that a vessel navigating
eixn cltuhse ievxec leucsoinvoem iecc oznonoem,i cc ozmomnie totre d tah ev itoelrartitioorni arle feserar eodf tao Sitn aptaer ahagsr,a phi n 3
the
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.
procedu7.r es Nohtawviet hbseteann deisntga bltihseh epdr,o viesiitohnesr otfh rpoaurgahg rtahpeh co6,m pwehteennetv eirn taeprpnraotpironiaalt e
obrognadinnigz aotri onot hoer r asa poptrhoeprrwiiastee afgirneaendc,i awl hesreecbuyr ictoym phlais anbceee n waistshu rreedq,u irtheem ecnotsa stfaorl
State if bound by such procedures shall allow the vessel to proceed.
of nati8.o nalTh el apwrs ovainds iornesg uolfa tipoanrsag ardaopphtse d3, pu4,r su5,a nt6 atnod a r7 tiacllseo a2p11p,l yp airna grreaspphe ct6.
221
1. damage collisi2.o n oFofr vetshsee lpsu,r posstersa nodfi ngt hiosr oatrhtiecrl ei,n ci"dmeanrtit oimfe ncaavsiguaatlitoyn", meoar nso thae r
occurrence on board a vessel or external to it resulting in material damage or
imminent threat of material damage to a vessel or cargo.
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United Nations Treaty Series • Nations Unies -Recueil des Trait~s give
so
that vessels flying to paragraph 3.
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 resulting in a substantial discharge causing or threatening significant
pollution of the marine environment, that State may undertake physical
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 has, 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
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, 6 and 7 also apply in respect
of national laws and regulations adopted pursuant to article 2ll, paragraph 6.
Article 22l
Measures to avoid pollution arising from maritime casualties
l. 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
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.
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490_______United — » — Recueil Traités_______1994
Article 222
or
States with regard to vessels flying their flag or vessels or aircraft of their
registry, their laws and regulations adopted in accordance with article 212,
1, laws
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
In proceedings instituted pursuant to this Part, States shall take
organization, and shall facilitate the attendance at such proceedings of
State and any State affected by pollution arising out of any violation. The
Article 224
of The powers of enforcement against foreign vessels under this Part be exercised by officials or by warships, military aircraft, or other
effect.
Article 225
Duty to avoid adverse in the exercise of the
powers of enforcement
490 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 222
Enforcement with respect to pollution from pr
through the atmosphere
1994
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 2l2,
paragraph l, and with other provisions of this Convention and shall adopt laws
and regulations and take other measures necessary to implement applicable
international rules and standards established through competent international
organizations or diplomatic conference to prevent, reduce and control
pollution of the marine environment from or through the atmosphere, in
conformity with all relevant international rules and standards concerning the
safety of air navigation.
SECTION 7. SAFEGUARDS
Article 223
Measures to facilitate proceedings
In proceedings instituted pursuant to this Part, States shall take
measures to facilitate the hearing of witnesses and the admission of evidence
submitted by authorities of another State, or by the competent international
organization, and shall facilitate the attendance at such proceedings of
official representatives of the competent international organization, the flag
State and any State affected by pollution arising out of any violation. The
official representatives attending such proceedings shall have such rights and
duties as may be provided under national laws and regulations or international
law.
Article 224
Exercise of powers pf 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 pf the
Powers pf 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.
Vol. 1833, 1-31363
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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
avretsiscelle ss ha21l6l, be2 18l iamnidt e2d2 0t.o anA nye xpahmyisniactailo n ionfs pseuccthi ocne orfti fai cfaotreesi»g n
records or other documents as the vessel is required to carry by
generally accepted international rules and standards or of any
osfi mitlhaer vedsosceulm emnatsy wbhe icuhn deirtt aikse nca rornyliyn ga}f tefru rsthuecrh apnh yseixcaamli naitnisopne catnido n only when:
(i) vtehsesree l aroer ciltesa re qguriopumnendts dfoore s benloite vcionrgr estphoantd thseu bcsotnadnittiiaolnly owfi tthh e 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
apnrdo tercetgiuolna tainodn sp roer seirnvtaetrinoant ioofn alt her umlaersi naend ensvtiarnodnamrednst ,f orr eltehea se
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.
unnecessary at sea.
Non-.tat.es btate.
restrictions, of 1. penalties Vol. 1833, 1-31363
United Nations Series • Nations Unies -Recueil des Trait~s
Investigation foreign l. articles 216, 218 and 220. Any physical inspection of a foreign
vessel shall be limited to an examination of such certificates,
carry by
similar documents which it is carrying further physical inspection
of the vessel may be undertaken only after such an examination and
when;
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 records,
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
(c) Without prejudice to applicable international rules and
standards relating to the seaworthiness of vessels, the release of
damage to the marine environment, be refused or made conditional
release has been refused or made conditional, the flag State of vessel must be promptly notified, and may seek release of vessel in accordance with Part XV.
2. States shall co-operate to develop procedures for the avoidance of
nnecessary 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,
tates shall not discriminate in form or in fact against vessels of any other
State.
Article 228
Suspension and restrictions on institution pf proceedings
l. 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
Vol. 1833, I-31363
492 — — Recueil Traités 1994
proceedings relate to case of major damage to the oc the flag
State in question has repeatedly obligation effectively the applicable international of
violations committed by its vessels. The flag State shall available to the State previously instituting dcoosusriseer maokf e rteheq uceassteed antdh"e thseu spreencsoirodns ooff ptrhoec eperdoicnegesdi nigns ,a cwchoerndeavnecre wtihteh ftlahgi s Starattiec lhea.s When
ptrhoec eseudsipnegnsd edi npsrtoicteuetdeid ngbsy sthhea llf labge Stteartmien ahtaevde, beeunp obnr poauyghmte ntt oo fa ccoonsctlsu siinocnu,r red in respect of such proceedings, any bond posted or security
provided in connection with the suspended by the
coastal 2. Proceedings to impose penalties on foreign vessels 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 the event of
psreotc oeuedti nigns p haarvaignrgap hb ee1.n instituted by another Stats subject to the provisions
the fla3.g StTahet ep rtoov itsaikeo nsa noyf metahsiusr easr,t icilnec laurdei nwg itphrooucte epdrienjgusd itcoe itmop osteh e right of penalties, according to its laws irrespective of prior another
State.
Article ciyil ptoceedin^s-
Wo thing in this Convention af facts the institution proceedings
in respect of any claim for loss or damage resulting from of the
marine environment.
ft£ticj.eji3j)
Monetaifv__Egnalties and pbsegvance__gf_
nationa1.l lMaowns etaanray rpeegnuallattiieosn s oonrl ya mpaplyi cbaeb liem piosnetde rwniatthi onraels peruclte st oa nvdi olsattanidoanrsd so f
for the prevention, reduction and control of pollution the environment, committed by foreign beyond 2. only may be imposed with respect to violations of laws or applicable international rules and standards
provwition, seduction control of pollution of the marine «nrironaant» cosaaitted vessels in the territorial sea, except tlm ana pollution in the territorial sea.
3. o£ in respect of such violations eowsittBa by £os@ign may result in the imposition of penalties,' K cognlsied the shall be observed.
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 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 l.
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 proceedingsNothing
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
l. 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.
Monetary penalties only may be imposed with respect to violations of
national lows and regulations or applicable international rules and standards
for the prevention, reduction and control of pollution of the marine
svdronment, committed by foreign veasels 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,
rocogniaed rights of the accused shall be observed.
Vol. 1833, I-31363
1994 — — Recueil Traités 493
article 231
Btetif ication. to the State and other States concerned
States shall promptly notify the flag State and any other State e ne«e«eeS of any measures taken pursuant to section 6 against foreign vessels,
ManMdU sChMal.l submit to the flag State all official reports concerning such However, respect to violations committed in the territorial s#B s the foregoing obligations of the coastal State apply only to such «taswes as are taken in proceedings. The diplomatic agents or consular officers aad where possible the maritime authority of the flag State, shall be iMMdiately informed of any such measures taken pursuant to section 6 against
32
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
«wseed those reasonably required in the light of available information. shall for recourse in their courts for actions in respect of loss.
Article 233
Safeguards with respect ntaov isgtartaiiotns used for international
So thing in sections 5, 6 and 7 affects the legal r gime of straits used 2oc international navigation. However, if a foreign ship other than those
£ C«red to in section 10 has committed a violation of the laws and regulations referred to in article 42, paragraph l(a) and (b) » causing or
threatening major damage to the marine environment of the straits, the States the straits may take appropriate enforcement measures and if so resp*et mutatis, mutandis the provisions of this section.
SECTION COVE&ED ftRE&S
Article 23«
Ice-covered areas
Coastal States have th« right to adopt and enforce non-disecirainatory ploalwlsu atinodn refgruolma vteiosnsse lsf ori n thiec ep-rceovveenrteido na,r earse dwuicttihoinn atnhde cloinmtirtosl c£o f tmhae riasneee lumiv*
economic zone, where particularly severe climatic conditions and the pesseise*
of ice covering such areas for most of the year create obstructions or exceptional hazards to navigation, and pollution of the Marine envireraent
could cause major harm to or irreversible disturbance of the bparloatneccet.i oSnu cahn d lpawrse saenrdv atrieogunl oafti otnhse msahrailnle haevnev idruoen merengta rbda setdo noanv itghaet iboenst the
available scientific evidence.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s Article 231
eification tg the flag State and other States goneerned
Gt.ates shall promptly notify the flag State and any other State
concerned of any measures pursuant against and shall submit to the flag State all official reports concerning such
meeureg. However, with respect to violations comitted in the territorial
oee, the foregoing obligations of the coastal State apply only to such
Bepsuree as are taken in proceedinge, The diplomatic agents or consular
o£±cers and where possible the maritime authority of the flag State, shall be
A.aamed±ztel.y informed foreign vessels.
Article 232
Liability_of States arising_from enforcement measures
Stntee shall be liable for damage or loss attributable to them arising
from measures taken pursuant to section 6 when such measures are unlawful or
ezceed those reasonably required information,
States shall provide for recourse in their courts for actions in respect of
such damage or loss,
Safeguards with respect to straits used for international
navigation
Nothing in sections 5, 6 and 7 affects the legal r~gime of straits used
fr international navigation. However, if a foreign ship other than those
zeferred to in section 10 has committed a violation of the laws and
b), 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.
SECT ION 8. ICE-COVERED AREAS
Article 234
Ice-covered areas
Coastal States have the right to adopt and enforce non-discriminatory
laws and regulations for the prevention, reduction and control o! marine
pollution from vessels in ice-covered areas within the limits of the exclusive
economic one, 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.
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494 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1994
SECTION 9. RESPONSIBILITY AND LIABILITY
Attlclj>_235
Besgpnalbiiity and 1. foi hey 2. 3. environment. co-operate th*
ana
compensation , so SECTION 10. SOVEREIGN IMMUNITY
Article _23g
Severe igjL
ana
HOW«V E, e«eh
capabilities cwrad osr
opar«taa »o
SECTION 11. OBLIGATIONS ONBER OTHER COHvENYIOMS ON THE PROTECTION AND
PRESERVATION OF THE MARINE ENVIROIMENT
Artiglg_2j7
Obligations gesgyvation .environment
1. Marine assumed environnent,
Recueil Trait~s
SECT ION 9. RESPONSIBILITY Article 235
Responsibility and liability
l. States are responsible for the fulfilment of their international
obligations concerning the protection and preservation of the marine
environment. hey shall be liable in accordance with international law.
2, States shall ensure that recourse is available in accordance with
their legal systems for prompt and adequate compensation or other relief in
respect of damage caused by pollution of the marine environment by natural or
juridical persons under their jurisdiction.
3, With the objective of assuring prompt and adequate compensation in
respect of all damage caused by pollution of the marine environment, States
shall cooperate in the implementation of existing international law and the
further development of international law relating to responsibility and
liability for the assessment of and compensation for damage and the settlement
of related disputes, as well as, where appropriate, development of criteria
and procedures for payment of adequate compensation, such as compulsory
insurance or compensation funds.
SECTION 10. SOVEREIGN IMMUNITY
Article 236
Sovereign immunity
The provisions of this Convention regarding the protection and
preservation of the marine environment do not apply to any warship, naval
auxiliary, other vessels or aircraft owned or operated by a State and used,
for the time being, only on government non-commercial service. Hwever, each
State shall ensure, by the adoption of appropriate measures not impairing
operations or operational capabilitiee of such vessels or aircraft owed 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
PRESERVAT ION OF THE MARINE ENVIRONMENT
Article 237
Qbligations 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 asaumed 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.
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1994 — » — Recueil Traités ______ 495
PART XIII
MARIHE SCIENTIFIC RESEABCH
SECTION 1. GENERAL PROVISIONS
*gticle_238.
to conduct état ifte^cientitic research
All States, competent
«his article Article_£. «aria* s
C«) b purposes;
(b) Convention;
(c) use»
241
non-as resources.
United Nations Treaty Series • Nations Unies -Recueil des Trait~s
PART MARINE SCIENTIFIC RESEARCH
I. GENERAL PROVISIONS
Article 238
Right marine scientific AII 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
o) 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 used
(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 24l
Non--recognition of marine scientific research activities
s 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,
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496 — — Recueil Traités 1994
SECTION 2. INTERNATIONAL CO-OPERATION
Article 242
Promotion of international co-operation
1. States and compétent international organizations shell, in
aocnc otrhdea nbcaes iwsi tohf mtuhteu parli nbecniepfliet ,o f prreosmpoetcet ifnotre rsnoavtieorneailg nctyo -aonpedr ajtuiroins diicn tmiaorni naen d
scientific research for peaceful purposes.
2. In this context, without prejudice to the rights and duties of
pSrtoavtiedse ru ndaesr aptphriosp Croinavteen,t iootnh,e r a SSttaattees, wiitnh tha e raepapsloinacbaltei oonp opfo rttuhniis tPya rtto, obsthaailnl fro* it, or with its co-operation, information necessary to prevent and
ceonnvtirroonlm ednatm.age to the health and safety of persons and to the marine
Creation of Arftaivcoluer a2b4l3e conditions
States and competent international organizations shall co-operate,
tfharvoouugrha blteh ec coonndciltuisoinosn foorf btihel actoenrdalu cta nodf m mulatriilnaet esrcaile natgirfeiecm ernetsse,a rctho cirne atthee
emsasreinncee eonfv iprhoennmoemnetn aa nadn dt op rioncteesgsreast eo ctchuer reifnfgo rtisn otfh e smcaireinntei setsn viirno nsmteundyti anngd tthhee interrelations between them.
article 244
Publication and dissemination of information and knowledge
1. States ana 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 co-operation 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
Coastal States, in the exercise of their sovereignty, have the exclusive
rtiegrhrti totroi arle guselaa.t e, Maaruitnheo riszcei enatnidf icco ndruecste amrachr inteh erseciine nsthiaflilc bree sceoanrcdhu ctiend tohneilry
with the express consent of and under the conditions set forth by the coastal
State.
United Nations Treaty Series • Nations Unies -Recueil des Trait~s
SECT ION OPERAT ION
pf cooperation
1, competent shall, accordance with the principle of respect for sovereignty and jurisdiction and
on the basis of mutual benefit, promote international co-operation in marine
2. In this context, without prejudice to the rights and duties of
States under this Convention, State, in the application of this Part, shall
provide, as appropriate, other States with a reasonable opportunity to obtain
from it, or with its co-operation, 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
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
them,
Article knowledge
l, and programmes and their objectives as well as knowledge resulting from scientific research.
2. For this purpose, States, both individually and in co-operation with
actively
promote well·as scientific
provide technical~~ personnel.
SECTION 3. CONDUCT AND PROMOTION OF MARINE Article 245
Marine scientific research in the territorial sea
Coastal States, in the exercise of their sovereignty, have the 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 Vol. 1833, 1-31363
1994_______United Nations — Treaty Series » Nations Unies — Recueil des Traités_______497
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 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 projects
(a) is of direct significance foe the exploration and exploitation of
natural resources, whether living or non-living}
(b) involves drilling into the continental shelf, the use of explosives
introduction environment;
€0 »
«regarding
the nature and objectives of the project which is inaccurate or if
the researching State or competent international organization has
a research
project.
6. Notwithstanding the provisions of paragraph 5, coastal States may
not exercise their discretion to withhold consent under subpaeagraph (a) of
that paragraph in respect of marine scientific research projects to be
undertaken shelf, beyond nautical miles from the baselines from which the breadth of
States may at any time publicly designate as areas in which exploitation or
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 the
operations therein.
Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article 246
Marine scientific research in the exclusive economic zone
and on the continental shelf
497
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 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.
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498_______United — » — Recueil Traités_______1994
7. The of 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 undertakeni by_or_under^
the of international organizations
A coastal State which is a member of or has a bilateral agreement with
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
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 in it, and has not expressed any objection within four months
of notification of the project by the organization to the coastal State.
Duty to State
undertSatkaet emsa rainnde csocmipeentteinfti c irnetseeranracthi onianl tohre gaenxiczlautsiiovnes ewchoincohm iicn tzeonnde toor on the caodnvtainnceen otfa l tshhee elxfp oefc tea d cosatsatrtailn gS tdaattee sohafl lt,h e nmoatr ilnees s sctiheann tisfiixc m ornetshesa rcihn project, provide that State with a full description oft
a) project}
b) equipment)
(c) ctohned upcrteecdi;se geographical areas in which the project is to be
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) ptehres onna mei no fc hatrhgee sopfo nstoher inpgr ojiencstt;i tutainodn, its director, and the
(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
marine 1.s cSiteantteisf iacn dr ecsoemaprecht enitn tihnet eerxncaltiuosniavle oercgoannoimziact izoonnse worh eno n untdheer taking ccoonndtiitnieonntsa:l shelf of a coastal State shall comply with the following
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498 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
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_pr 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
tates 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
poject, 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 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,
Article249
Duty to comply with certain conditions
l. 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
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1994 — — Recueil Traités 499
(a) epnasrutriec iptahet e roirg htb eo fr etphree sceonatsetda li n Sttahtee ,m ariifn ei ts csioe dnetsiifriecs ,r esteoarch psrcoijeenctti,f iecs preecsieaalrclhy oinn sbtoaalrlda tiroensse,a rcwhh evne spsrealcst icaanbdl eo,t hewri thcorauftt or payment of any remuneration to the scientists of the coastal State
parnodj ewcitt»hout obligation to contribute towards the costs of the
(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) utnod aelrlt adkaet at oa npdr ovsiadmepl easc cdeesrsi vfeodr ftrheo mc otahes tmaalr iSntea tes,c iaentt iiftisc rerqeuseesatr,c h apnrdoj escatm palneds wlhiikcehw ismea y tboe fduirvniisdhe d iwt iwtihtohu t dadteat rwihmiecnht mtaoy tbhee icr opied scientific value}
it pro¥id« as interpretation;
e) 2, Use r sulta practicable}
(£) riensfeoarrmc ht hpe rocgoraasmtmael; State immediately of any major change in the
(g) uinnlsetsasl loatthieornwsi sore aegqrueiepdm,e ntr eomnocvee tthhee srceiseenatricfhi ci s rceosmepalrécthée).
2. This article is without prejudice to the conditions established by
dtihsec rleatwsi oann dt or geégaunlta toiro nsw iotfh hotlhde ccooanssetanlt Sptuartseu anftor tot hae retxiecrlcei s24e6 ,o f pairtas graph 5, including requiring prior agreement for making internationally available the
research results of a project of direct significance for the exploration ana
exploitation of natural resources.
Communications be HadCeo mtmhurnoiucgah tiaopnpsr ocpornicaetren ionfgf ictihae lm acrhainnnee lssc,i enutnilfeiscs ortehseerawrichs e praogrjeeecdt.s shall
jLtticle_251
General organiSztaattieosn ss htahlel esseteakb litos hmpernotm otoef gtehnreoruaglh ccormipteetreinat anidn tgeurindaetliionneasl to assist
States in ascertaining the nature and implications o£ marine scientific
research.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s (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 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 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
Counications concerning marine scientific research
projects
Communications concerning the marine scientific research projects shall
be made through appropriate official channels, unless otherwise agreed.
Article 25l
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.
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500_______United — » — Recueil Traités_______1994
Article 252
consent
States ot compétent 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 organisation
conducting the research thatt
(a) it has withheld its cousant under the provisions of article «46s e
(b) the information given by that State OK competent international
organisation regarding the nature or objectives of the projset eose
not conform to the manifestly evident facts» or
(c) it requires supplementary information relevant to conditions and the information provided foe under articles and 249} OE
(d) outstanding obligations exist with respect bo a previous marine scientific research project carried out that State or
organization, with regard to conditions established in article 249.
Suspension or cessation of marine scientific research
activities
1. & coastal State shall have the right to require the suspension of
any marine scientific research activities in progress within its exclusive
economic zon« or on its continental shelf if:
(a) the research activities are not being conducted in accordance with
the information communicated as provided under article 246 upon
which the consent of the coastal State was based » or
(b) the state research aocrt icvoimtpieest enfta ilisn tteor ncaotmipolnayl w iotrhg anthiez aptrioovni scioonndsu ctoifn ga rttihec le
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
isarin scientific research activities in case of any non-compliance with the
provisions article 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
authorised to conduct marine scientific research activities shall terminate
th« research activities that axe the subject o£ such a notification.
5. order of suspension under paragraph 1 shall be lifted by the
coastal State and the marine scientific research activities allowed to
continu once the researching State or competent international organization
has complied with the conditions required under articles 248 and 249.
500 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Implied 1994
or competent may 248 the State or organization
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 to the manifestly evident facts or
supplementary information relevant to conditions and
the information provided for under articles 248 and 249 or
exist with respect to a previous marine
project carried out by that State or
with regard to conditions established in article 249.
Article 253
Suspension or cessation activities
• A shall the of
any marine scientific zone if
the research activities as 248 which the (b) the State or competent international organiza' tion conducting the
activities fails to comply with the provisions of article
249 Btate marine scientific research A shall marine scientific provisions of article 248 which project or the research activities.
3,A coastal State may research activities if any of the situations contemplated in paragraph l are
not a reasonable 4. Following notification by the coastal State of its decision to order
or cessation, authorized to conduct marine scientific research activities shall terminate
the research that are the of 5. An order l by coastal State and scientific continue once the researching State or competent international organization
with the conditions 248 249.
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Article 254
Eights of neighbouring land-locked and disadvantage^ states
1. States and competent international organizations which have submitted a coastal project to undertake marine scientific research referred t in article 246, 3, shall give notice to the neighbouring looked arid geographically disadvantaged States of the proposed research
project, and shall notify the coastal State thereof.
2. Mter th@ consent has been given for the proposed marine scientific
raaeareb by the coastal concerned, in accordance with article
2i4n6t earnnda toitohnearl orreglaenvianzta tpiroonvsi suinodnesr toafk intgh iss uCcohn vae nptrioojne,c t Stsahtaelsl apnrdo vciodmep ettoe ntth e land-locked and geographically disadvantage^ States, at their aKn«dq u@st when inform tion specified in article 248 !(£).
3. The neighbouring land-locked and geographically disadvantage^ Stats»
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 fch
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 ia
paragraph 1 shall provide to the above-mentioned land-locked and
geographically disadvantaged States, at their request, the information ana
assistance specified in article 249, paragraph l(d), subject to th« provision
of article 249, paragraph 2.
Article 25 S
Measures to facilitate marine assist
shall endeavour to adopt reasonable rales, ana
procedures to promote and facilitate marine conducted in accordance with this Convention beyond their ana, as appropriate, to facilitate, subject to the provisions regulations, access to their harbours and promote assistance foc narine
Psacrite.ntific research vessels which comply with provision» this
Article_25e
Marine scientific research_in_the__Acga
internAaltli oSntaalt eosr,g aniirzraetsipoencst ihvaev oef thteh eirri ghgte,o grianp hciocnaflo rmliotcayt iwoint;h atnhde cproonvpiestimotn s
XI, to conduct marine scientific tbe Area.
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1994 United Nations Series • Nations Unies - Recueil des Trait~s
Rights of neighbouring land-locked and geographically
disadvantaged States
, 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.
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 l(£).
disadvantaged States
above the opportunity to
proposed marine scientific research
not objected to the
for the project, the coastal Btate
organizations conducting
4, organizations referred to in
l land-locked and
the information and
subject to the provisions
249, 255
Measures to facilitate marine scientific research and pssist
research vessels
States shall endeavour to adopt reasonable rules, regulations and
procedures to promote and facilitate marine scientific research conducted fn
accordance with this Convention beyond their territorial sea end, 98
appropriate, to facilitate, subject to the provisions of their laws and
regulations, access to 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 KI, to conduct marine scientific research in the Area,
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Article aS7
Marine scientific i column ,beyond exclusive economic All States, irrespective of their geographical, location* competent
international organizations have the this
Convention, to conduct marine scientific research in «rater the limits of the exclusive economic zone.
SECTION 4. SCIENTIFIC RESEARCH XNSTAUATIOIIS OR
EQUIPMENT IN THE MARINE ENVIRONMENT
Article a2n5d8" use
The deployment and use of any type of scientific or equipment in any area of the marine environment shall be to same conditions as ace prescribed in this Convention for narine
scientific research in any such area.
tAergtailc sltea_t2uMa
possessTh e or equipment referred to in this section do not islands. They have no territorial sea of their own, and
their affect the delimitation of the territorial sea, the
exclusive economic zone or the continental shelf.
Article 260
Safety a reasonable breadth not exceeding a distance of 500 metres scientific research installations in accordance wsiutchh stahef erteyl ezvoanenst aprreo vriessipoencst oefd btyh ist heCiorn vevnetsisoenl.s . All States shall ensure that
Article 261
Son-interference with shipping routes
deployment and use of any type of scientific research installations
or equipment an obstacle to established international
shipping cou tea.
_ markings and warning signals
referred to in this section shall bear oirdgeanntiizfaitciaotnio n indicating the State of registry or the international agreed belong and shall have adequate internationally navigatiwoanr,n ing safety at sea and the safety of air talcing and standards established by competent 502 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 257
Marine scientific research in the water golum beyond_ the
exclusive economic zone
All States, irrespective of their geographical location, and competent
international organizations have the right, in conformity with thia
Convention, to conduct marine scientific research in the water column beyond
the limits of the exclusive economic zone,
SECT ION INSTALLATIONS OR
Article 258
Deployment z@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 and
their presence does not affect the delimitation of the territorial sea, the
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 26l
on-interference shipping_ 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.
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SECTION 5. SESPOMSIBILITY AND LIABILITY
Responsibility and I. States and competent international organizations shall be
responsible for ensuring that marine scientific research, whether undertaken
than thai;- Convention.
a. States ana competent international organizations shall be
foe by their natural or juridical persons or by competent international
organizations,, asasure*.
3. States,and competent international organizations shall be
responsible and liable pursuant to article 235 for damage caused by pollution
» by then or »« t seir behalf.
SECTION 6. SETTLEMENT OF DISPUTES AND INTERIM MEASURES
Settlement of of thisD iCsopnuvteenst cioonnc weirtnhi ngr egtahred itnot emraprrientea tisocni eonrt ifaipcp lriecsaetairocnh ofs hatlhle bper ovsiestitolnesd in accordance with Part XV, sections 2 and 3.
Article 265
and 3, Ptehned iSntga stee totrl ecmoemnpte otfe nta diinstpeurtnea tiion naacl coorrgdaanniczea wtiitohn Paaurtth oXrVi,z eds ecttoi ocnosn du2 ct
ao nmiaMrMincnee osrc iceonnttiifniuce rweisteharocuht ptrhoe jeecxtp resshsa lcl onnosetn ta lolfo w trhee sceoaarcsht aalc tSitvaittei es to
concerned.
DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY
SECTION 1. GENERAL PROVISIONS
Article 266
Promotion of the and transfer of marine
1. States, directly or through competent international organizations,
hall co-operate in accordance with their capabilities to promote actively the
development and transfer of marine science and marine technology on fair and
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SECTION 5. RESPONSIBILITY AND LIABILITY
Article 263
Responsibility_ and liability
l Skates and competent international organizations shall be
responsible for ensuring that marine scientific research, whether undertaken
by them or on the!z 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 other States,
their natural or juridical persons or by competent international
organizations, and shall provide compensation for damage resulting from such
measures
3, States snd 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.
SECT ION 6. SETTLEMENT OF DISPUTES AND INTERIM MEASURES
Article 264
Settlement of disputes
Disputes concerning the interpretation or application of the provisions
this Convention with regard to marine scientific research shall be settled
in with Part X, 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
SECTION I. GENERAL PROVISIONS
Article 266
Promotion of the development and transfer of marine
technology
l, States, directly or through competent international organizations,
shall co-operate in accordance with their cepabilities to promote actively the
development and transfer of marine science and marine technology on fair and
reasonable terms and conditions.
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504 — Treaty » — Recueil Traités_______1994
technol2.o giSctaalt cesa psahcailtly opfr omSottaet est hew hdiecvhe lmoapym ennete do fa ntdh er emqaureisnte tseccihennitciafli c and alsasnids-tlaoncckee d ian ndt hgies ogfriealpdh,i cpaalrltyi cduilsaardlvya ndteavgeeldo pSitnagt esS,t atweist,h irencgalrudd intgo the
etxhpel oprraottieocnt,i oenx palnodi tparteisoenr,v actoinosne rovf attihoen maarnidn mea neangveimreonnmte notf, mamrairnien e resscoiuerncteisf,i c 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.
conditi3.o ns Stfoart esth es'h atlrla nsefnedre avoofu rm artion ef ostteecrh noflaovgoyu rafborl e tehce obneonmeicf ita nodf laelgla l
parties concerned on an equitable basis.
Article 267
Protection of legitimate interests
due reSgtaartde sf,o r ian lplr olmeogtiitnigm actoe- oipnetrearteisotns piunrcsluuadinntg ,t o ianrtteir claeli a2,6 6,t hes harlilg hhtasv ea nd
duties of holders, suppliers and recipients of marine technology.
BasAirct iocbljee c2t6i8v es
promoteSstates, directly or through competent international organizations, shall
(a) ttehec hancoqluoigsiictailo nk,n oewvlaeldugae tainodn afnadc idliistsaetmei naactcieosns otfo msaurcihn einformation and datai
(b) the development of appropriate marine technology»
(c) the development of the necessary technological infrastructure to
facilitate the transfer of marine technology;
(d) otfhe ndaetvioenlaolpsm eonft doefv heulompainn gr eSstoautrecse s antdh rcoouugnht rtireasi nainndg aensdp eceidaulcaltyi otnh e nationals of the least developed among them}
(e) riengtieornnaalt,i onsaulb rceog-ioopnearla tainodn bialta atlelr all evleelvse,l s.particularly at the
Measures to achAiretviec lteh e2 6b9a sic objectives
directlIyn oorr detrh rotuog ah chcioemvpee tetnhte oibnjteecrtniavteiso narle foerrgraendi ztaot iionn sa,r tischlael l2 6e8n,d eaSvtoautre,s ,
inter alia, toi
(a) establish programmes of technical co-operation for the effective
atnrda nsrfeeqru eosft atlelc hnkiicnadls oafs smiasrtiannec e teinc htnhoilso gyf ietlod ,S tpaatrets iwchuilcahr lmya yt hne eed
dweevlell oapsi nogt helra ndde-vleolcokpeidn agn dS tgaetoegsr awphhiiccha lhlayv ed insoatd vbaenetna gaebdl eS teaittehse,r atso essctiaebnlcies ha nodr idn evtehel oepx ptlhoerira toiwonn atnedc henxoplloogiitcaalt iocna poafc imtayr iinn em arreisnoeu rces
or to develop the infrastructure of such technology»
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2. Btates 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 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.
Protection pf legitimate interests
States, in promoting co-operation pursuant to article 266, shall have
due regard for all legitimate interests including, inter Alie, the rights and
Article 268
Basic objectives
States, directly or through competent international organizations, shall
promoter
the acquisition, evaluation and dissemination of marine
technological knowledge and facilitate access to such information
and data
facilitate the transfer of marine technology
(d) the development of human resources through training and education
of nationals of developing Btates and countries and especially the
nationals of the least developed among them
(e) international co-operation 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,
Alia, to
transfer of all kinds of marine technology to States which nay need
and request technical assistance in this field, particularly the
developing land-locked and geographically disadvantaged Btates, 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
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(b) promote favourable conditions for the conclusion of agreements,
conditions;
c) methods the transfer of marine technology»
d) and other
experts;
(e) undertake projects and promote joint ventures and other fovms of
operation.
SECTION 2. INTERNATIONAL CO-OPEHATION
Article 270
marine
technology shall be carried out, where feasible and appropriate, through
also research,
the transfer of marine technology, particularly in new fields, and appropriate
Guidelines, criteria and standards
States, directly or through competent international organizations, shall
promote the establishment of generally accepted guidelines, criteria and
In the field of transfer of marine technology. States shall endeavour to
Area.
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1994 Recueil Trait~s 505
(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 foms of
bilateral and multilateral co-operation,
SECT ION 2. INTERNATIONAL CO--OPERAT ION
Article 270
Ways and means of international co-operation
International co-operation 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
Co-ordination of international programmes
In the field of transfer of marine technology, States shall endeavour to
ensure that competent international organizations co-ordinate 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
Co-operation with international organizations and the
Authority
States shall co-operate 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,
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Article 274
of the alia, and duties of holders, suppliers and recipients o£ the 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 disadvanbaged, shall be taken on foe
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
Establishment of national centres
1. States, directly or through competent international organizations
and the Authority, shall promote the establishment,'particularly in developing
coastal States, research
centres and stimulate and advance developing
coastal States preserve their marine 2. States, strengthening advanced training
experts Establishment of centres
1. States, organizations, the technological
research marine
scientific States, research by developing States and foster the transfer of marine technology.
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Article 274
Objectives of the Authority
1994
Subject to all legitimate interests including, inter slia, the rights
and duties 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 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
l. 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
l. States, in co-ordination 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,
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2. Ail States of a region shall co-operate with the regional centres
therein to ensure the more effective achievement of their objectives.
Article 277
Functions of centres
The functions of such regional centres shall include, inter aliat
(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 sea-bed, mining and desalination
technologies}
(b) management studiesi
(c) study programmes related to the protection and preservation the
marine environment and the prevention, reduction and control of
pollution}
(a) organization of regional conferences, seminars and symposia}
(e) acquisition and processing of marine scientific and technological
data and information;
f) technological research in readily available publications}
(g) publicizing national policies with regard to the transfer of marine
policies}
marketing technology and on contracts and other arrangements concerning
patents}
(i) technical co-operation with other States of the region.
SECTION CO-OPESATION INTERNATIONAL ORGANIZATIONS
among international Vol. 1833, 1-31363
1994 United Nations Series • Nations Unies Recueil des Trait~s 507
2. All States of region shall co-op erate with the regional centres
therein to ensure the more effective achievement of their objectives,
Article 277
Functions pf 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 sea-bed, 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 co-operation with other States of the region,
SECTION 4. CO-OPERATION AMONG INTERNATIONAL ORGANIZAT IONS
Article 278
Co-operation 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 co-operation among themselves, the effective discharge of their
functions and responsibilities under this Part.
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PART XV
SETTLEMENT OF DISPUTES
SECTION 1. GENERAL PROVISIONS
application 3, of to this end, shall seek a solution by the means indicated in Article 33,
1, Settlement of means chosen by the Nothing in this Part impairs the right of any States Parties to agree at
a choice.
281
by the settlement of the dispute by a peaceful means of their choice, the
2. If the parties have also agreed on a time-limit, paragraph 1 applies
only the expiration of that time-limit.
If the States Parties which are parties to a dispute concerning the
or application of this Convention have agreed, through a
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PART XV
SETTLEMENT OF DISPUTES
SECT ION I. GENERAL PROVISIONS
Article 279
Obligation to settle disputes by peaceful means
1994
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 the Charter of the United Nations
and, to this end, shall seek a solution by the means indicated in Article 33,
paragraph l, 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 dispute between them concerning the interpretation or
application of this Convention by any peaceful means of their own choice,
Article 28l
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 l 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
l. 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.
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where a2. prTohceed upraer tifeors sthhea lsl etatllseo mpernotc eoefd suecxhp eda idtiisopuustley htaos anbe eenx chtaenrgmei noaft evdi ews
without a settlement or where a settlement has been reached and the
circulas tance D require consultation regarding the manner of implementing the
settlement.
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.
the pro3.c eduIrfe ,t het hei ncvointcaitiloina tiios nn optr oacceceedpitnegds osrh althle bepa rdteieemse dd ot on obte atgerrmeien autpeodn.
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 28S
Application of this section to disputes submitted pursuant This section applies to any dispute which pursuant to Part XI, section
5, is to be settled in accordance with procedures provided for in this Part.
If an entity other than a State Party is a party to such a dispute, this
section applies mutatis mutandis.
SECTION 2. COMPULSORY PROCEDURES ENTAILING BINDING DECISIONS
Article 286
Application of procedures under this section
Subject to section 3, any dispute concerning the interpretation or
application of this Convention shall, where no settlement has been reached by
recourse to section 1, be submitted at the request of any party to the dispute
to the court or tribunal having jurisdiction under this section.
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) VIj
Justice;
1994 United Nations -Treaty Series • Nations Unies Recueil des Trait~s 509
2. 'The parties shall also proceed expeditiously to an exchange of views
a procedure for the settlement of such a dispute has been terminated
circumstances Article 284
Conciliation
l. the
parties l, procedure,
3. If the invitation is not accepted or the parties do not agree upon
procedure, the conciliation proceedings shall be deemed to be terminated.
the parties otherwise agree, when a dispute has been
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, If an entity other than a State Party is a party to such a dispute, this
section applies mutatis mutandis.
Article 286
pplication of procedures under this section
Bubject recourse to section l, 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
l. 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
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c) Vllt
sp cial Annex
therein.
1 «xtent 5.
in,
ettlement dispute , 1 Parties.
1. 510 United Nations Treaty Series • Nations Unies -Recueil des Trait~s (c) an arbitral tribunal constituted in accordance with Annex VII
(d) a special arbitral tribunal constituted in accordance with VIII for one or more of the categories of disputes specified
therein,
2. A declaration made under paragraph l shall not affect or be affected
by the obligation of a State Party to accept the jurisdiction of the Sea-Bed
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 wih Annex VII, unless the parties otherwise agree.
6. A declaration made under paragraph l 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
I, 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 Sea-Bed 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.
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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 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 Fart or Part XI,
siet cctoinosni d5,e rst hea pcporuorptr ioart e turnidbeurn alt hmea yc irpcruemssctrainbcee sa nyt o pprroevsiesrivoen alt hmee arseusrpeesc twihviec h
rights 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
rteheq upeasrtt ifeosr oprr,o vifsaiiolnianlg mseuacshu raegsr,e emtehne t Iwnittehrinna titownoa wle eTkrsi bufnraolm ftohre dtahtee Loafw otfhe
the Sea or, with respect to activities in the Area, the Sea-Bed 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
csounbfmoirtmteidt ym waiyt mho dpiafrya,g rarpehvso ke1 otro a4.ffirm those provisional measures, acting in
6. The parties to the dispute shall comply promptly with any
provisional measures prescribed under this article.
Article 291
Access
be open1. to ASltla ttehse dPiarstpiuetse. settlement procedures specified in this Part shall
open to2. entTihtei edsis optuhteer setthtalne mSetnatte spr oPcaerdtuireess onspleyc iafs iesdp ecini fitchaisl lPya rptr osvhiadleld fboer
in this Convention.
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Article 289
Experts
511
In any dispute involving scientific or technical matters, a court or
exercising jurisdiction under this section may, at the request of or proprio motu, select in consultation with the parties no Article 290
Provisional measures
l. 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 environment, pending the final decision.
2, Provisional measures may be modified or revoked as soon as the
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
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
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
Bea or, with respect to activities in the Area, the Sea-Bed 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 l to 4.
6. The parties to the dispute shall comply promptly with any
provisional measures prescribed under this article.
Article 291
Access
l. 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.
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Prompt release of vessels and crews
1. Where the authorities of a State Party have detained a vessel flying
ntohte cfolmapgl oifed a nwoitthhe rt hSe taptreo vPiasritoyns a onfd itth isis Caolnlveegnetdi ont hafto r thteh ed eptraoimnpitn gr elSetaastee ohfas 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
waintyh icno ur1t0 odra yst rifbruonma lt hae grteiemde oufp ond etbeyn ttihoen ,p arttoi eas cooru,r t foari litnrgi busnuaclh aacgcreeepmteedn t 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
pfrore jurdeilceea set oa ntdhe smhearlilt sd eoafl oannlyy c waisteh betfhoer qe uetshte iaopnp orfo prriealetaes ed,o mweisttihco utf orum
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
waiptphl y thtihsi sC Coonnvevnetnitoino.n and other rules of international law not incompatible
having 2. j urPiasrdaigcrtaipohn 1u nddoeers tnhoist psreecjtuidoinc et o tdhee cpiodwee ra coaf set heex coauerqtu oo re t tbroinbpu,n ali f the parties so agree.
Article 294
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 whether
wtehlel clfoauinmd ecdo.n stiItf uttehse acno uratbu sore otfr ilbeugnaall pdreotceersmsi noers wthheatth etrh ep rcilmaai mf caocnise tiittu tiess
an abuse of legal process or is prima unfounded, it shall take no
further action in the case.
immedi2a.t elUy ponno triefcye itphte oofth etrh e paaprptlyi coart ipoanr,t ietshe ocfo utrhte oarp pltirciabtuinoanl, sahnaldl 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.
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1994
1, 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
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 Law 2, for release and shall deal only with the question of release, without
prejudice to the merits of any case before the appropriate domestic forum
time,
crew,
Article 293
Applicable law
l. apply this Convention with this Convention.
Paragraph l does not prejudice the power of the court or tribunal
jurisdiction under this section to decide a case ex aequo et Dono, if
Article 294
Preliminary proceedings
I, application motu, the claim constitutes an abuse of legal process or whether prims facig it is
well founded. If the court or tribunal determines that the claim constitutes
legal prina facie 2. Upon receipt of the application, the court or tribunal shall
immediately notify the other party or parties of the application, and reasonable make a
l,
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Article 295
Exhaustion of local remedies
Any 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
binding 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
to the dispute.
2. Any such decision shall have no binding force except between the
and in respect of that particular dispute.
SECTION 3. LIMITATIONS AND EXCEPTIONS TO APPLICABILITY OF SECTION 2
Article 297
Limitations on applicability of section 2
1. Convention with regard to the exercise by a coastal State of its sovereign
casesi
of the provisions of this Convention in regard to the freedoms and
the sea specified in article 58»
(b) when it is alleged that a State in exercising the aforementioned
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Article Exhaustion of local remedies
513
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
l, Any decision rendered by a court or tribunal having jurisdiction
under this section shall be final and shall be complied with by all the
parties to the dispute.
2, Any such decision shall have no binding force except between the
parties and in respect of that particular dispute.
SECTION 3. LIMITATIONS AND EXCEPTIONS TO APPLICABILITY OF SECTION 2
Article 297
Limitations on Applicability of section 2
l. 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
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ii) (b) A or endangered;
ii) fishing; iii) c) case, communicated Vol. 1833, 1-31363
United Nations Series • Nations Unies -Recueil des Trait~s (ii) a decision by the coastal State to order suspension or
cessation of a research project in accordance with article 253.
b) 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
coaunicated 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.
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exceptions 2
1. 1, 2 following categories disputes:
a) i) 2j report} Ï, iii) by an parties?
b) 3;
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Article 298
Optional to applicability of section 2
515
l. When signing, ratifying or acceding to this Convention or at any
time thereafter, a State may, without prejudice to the obligations arising
under section l, 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)
(ii)
(iii)
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;
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;
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 l 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 l 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.
Vol. 1833, 1-31363
516 — — Recueil Traités 1994
If one of the States Parties has made a declaration under
paragraph l(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
of the to a 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 to the dispute.
2. Nothing in this section impairs the right of the parties to the
dispute to to some other procedure for the settlement of such dispute or
to reach an amicable settlement.
PART XVI
GENERAL PROVISIONS
Article 300
of this of right.
301
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.
the fulfilment of its obligations under this Convention, to supply information the
security.
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 4. If one of the States Parties has made a declaration under
paragraph l(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
l, A dispute excluded under article 297 or excepted by a declaration
made under article 298 from the dispute settlement procedures provided for in
section 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 PROVIS IONS
Article 300
Good faith and abuse pf rights
States Parties shall fulfil in good faith the obligations assumed under
this Convention and shall exercise the rights, jurisdiction and freedoms
recognized in this Convention in a manner which would not constitute an abuse
of right.
Article 30l
Peaceful uses of the seas
embodied Charter Article 302
Disclosure of information
Without prejudice to the right of a State Party to resort to the
procedures for the settlement of disputes provided for in this Convention,
nothing in this Convention shall be deemed to require a State Party, in the
fulfilment of its obligations under this Convention, to supply information the
disclosure of which is contrary to the essential interests of its security,
Vol. 1833, 1-31363
1994 — Treaty — Recueil Traités 517
Article 303
and
historical found at sea
1. States have the duty to protect objects of an archaeological and
historical nature found at sea and shall co-operate for this purpose.
2. In order to control traffic in such objects, the coastal State nay,
in applying article 33, presume that their removal from the sea-bed 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.
This article is without prejudice to other international agreements
an<$ rules of international law regarding the protection of objects of an
archaeological and historical nature.
Article 304
and for damage
The provisions of this Convention regarding responsibility and for 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
1. This Convention shall be open for signature bys
(a) all States»
(b) Namibia, represented by the United Nations Council for Namibia?
(e) 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;
matters;
1-1994 United Nations Series • Nations Unies -Recueil des Trait~s
Article 303
Archaeological and
historical objects found gt sea
I. States have the duty to protect objects of an archaeological and
historical nature found at sea and shall co-operate 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 sea-bed in the
one referred to in that article without its approval would result in an
infringement within its territory or territorial sea of the laws and
regulations referred to in that article.
3, Nothing in this article affects the rights, of identifiable owners,
the law of salvage or other rules of admiralty, or laws and practices with
respect to cultural exchanges,
4. This article is without prejudice to other international agreements
and rules of international law regarding the protection of objects of an
archaeological and historical nature.
Article 304
Responsibility and liability for daage
The provisions of this Convention regarding responsibility and liability
for damage are without prejudice to the application of existing rules and the
development of further rules regarding responsibility and liability under
international law.
PART XVII
FINAL PROVISIONS
Article 305
Signature
l. 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
Vol. 1833, I-31363
518_______United — » — Recueil Traités_______1994
Hationa, Cull 1514 (XVI matters;
organisations, IX.
2. 1 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.
entitieTsh isr eCfoenrvreendt itoon isn haalrlt icrleem ai3n05 .o penA ccfeors siaocnc esbys iotnh eb ye ntSittatieess arnedf etrhree do tthoe ri n
airntsitcrluem en3t05s, ofp araacgcreaspshi onl (fs)h,a lls habel l dbeep osiin teadc cwoirtdha ncteh e wiStehc reAtnnaerxy -GIXe.n erTahle of the
United Nations.
1. This Convention shall enter into force 12 months after the date of
deposit of the sixtieth instrument of ratification or accession.
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
afrirtsitc lCeo u1n6c1 ili f shtahlel pbreo vciosnisotnsi tuotfe dt haint aa rmtaincnleer ccaonnnsoits tbeen ts twriitcht lyth ea pppluirepdo.se of
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
ppurrespuaarantto rtyo tihnavte strmeesonltu tainodn .with decisions of the Preparatory Commission taken
518 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1994
(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
15l4 (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 l July 1983
until 9 December 1984, at United Nations Headquarters in New York.
Article 306
Ratification and formal confirmation
c), e), to
'Article 307
Accession
This Convention shall remain open for accession by States and the other
entities referred to in article 305. Accession by the entities referred to in
article 305, paragraph l(f), shall be in accordance with Annex IX. The
instruments of accession shall be deposited with the Secretary-General Nations,
Article 308
Entry into force
l. l2 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 l.
'first Council shall be constituted in a manner consistent with the purpose article 16l 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, preparatory investment and Preparatory pursuant to that resolution.
Vol. 1833, I-31363
1994 — — Recueil Traités 519
article 309
No Article 310
Declarations and statements
Article 309 does not preclude a State, when signing, ratifying or
pahcrcaesdeidng ort o natmheids, Cownivtehn tai ovni,e w,f roimn tmera kianliga ,d ectloa rtahtei ohnasr moorn izsattatieomne notfs ,i thso wleavwesr and regulations with the provisions of this Convention, provided that such
declarations or statements do not purport to exclude or to modify the legal
effect of the provisions of this Convention in their application to that State.
Article 311
1. This Convention shall prevail, as between States Parties, over the
Geneva Conventions on the Law of the Sea of 29 April 19SB1 .
2. 3. Two this 5. Series, pp. and p. p. and p. 1-United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 309
Reservations and exceptions
reservations or exceptions may be made to this Convention unless
expressly permitted by other articles of this Convention.
Article 310
Declarations and statements
acceding to this Convention, from making declarations or statements, however
phrased or named, with a view, inter alia, to the harmonization of its laws
proviiGas6 Er ls convention, legal
Article 31l
Relation to other conventions and international agreements
l, This Convention shall prevail, as between States Parties, over the
1958\,
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, 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.
'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.
1 United Nations, Treaty vol. 450, 11 169; vol. 499, 311; vol. 516, 205; vol. 559, 285.
Vol. 1833, I-31363
520_______United — Treaty » — Recueil Traités_______1994
Article 312
Amendment
1. After the expiry of a period of 10 years from the date of entry into
force of this Convention, a State Party may, by written communication
addressed to the Secretary-General of the United Nations, propose specific
amendments to this Convention, other than those relating to activities in the
Area, and request the convening of a conference to consider such proposed
amendments. The Secretary-General shall circulate such communication to all
States Parties. If, within 12 months from the date of the circulation of the
communication, not less than one half of the States Parties reply favourably
to the request, the Secretary-General shall convene the conference.
2. The decision-making procedure applicable at the amendment conference
shall be the same as that applicable at the Third United Nations Conference on
the Law of the Sea unless otherwise decided by the conference. The conference
should make every effort to reach agreement on any amendments by way of
consensus and there should be no voting on them until all efforts at consensus
have been exhausted.
Article 313
Amendment by simplified procedure
1. A State Party may, by written communication addressed to the
Secretary-General of the United Nations, propose an amendment to this
Convention, other than an amendment relating to activities in the Area, to be
adopted by the simplified procedure set forth in this article without
convening a conference. The Secretary-General shall circulate the
communication to all States Parties.
2. If, within a period of 12 months from the date of the circulation of
the communication, a State Party objects to the proposed amendment or to the
proposal for its adoption by the simplified procedure, the amendment shall be
considered rejected. The Secretary-General shall immediately notify all
States Parties accordingly.
3. If, 12 months from the date of the circulation of the communication,
no State Party has objected to the proposed amendment or to the proposal for
its adoption by the simplified procedure, the proposed amendment shall be
considered adopted. The Secretary-General shall notify all States Parties
that the proposed amendment has been adopted.
Article 314
Amendments to the provisions of this Convention relating
exclusively to activities in the Area
1. A State Party may, by written communication addressed to the
Secretary-General of the Authority, propose an amendment to the provisions of
this Convention relating exclusively to activities in the Area, including
Annex VI, section 4. The Secretary-General shall circulate such communication
to all States Parties. The proposed amendment shall be subject to approval by
the Assembly following its approval by the Council. Representatives of States
Parties in those organs shall have full powers to consider and approve the
proposed amendment. The proposed amendment as approved by the Council and the
Assembly shall be considered adopted.
520 United Nations Series • Nations Unies -Recueil des Trait~s
1994
l. by_simplified conference, exclusively_to l. Vol. 1833, I-31363
1994 — Treaty » — Recueil Traités_______521
1, and
the shall ensure that it does not prejudice the system of exploration
Review
Conference Article 315
ratification of/ accession to
1. 12 at United
amendment
itself.
Convention.
Article 316
into force of amendments
1. Convention,.other States
enjoyment
required by
referred
instruments of
entry
1 jxpression States
a) amended) b) Area and year
as
31363
1994 United Nations Series • Nations Unies Recueil des Trait~s 521
2. Before approving any amendment under paragraph l, the Council and
the Assembly shall ensure that it does not prejudice the system of exploration
for and exploitation of the resources of the Area, pending the Review
conference in accordance with article 155.
Article 315
Signature, ratification of, accession to
and authentic texts of amendments
l. Once adopted, amendments to this Convention shall be open for
signature by States Parties for l2 months from the date of adoption, at United
Nations Headquarters in New York, unless otherwise provided in the amendment
itself.
2. Articles 306, 307 and 320 apply to all amendments to this Convention.
Article 316
Entry into force of amendments
l. 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 l shall, failing an
xpression 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.
Vol. 1833, 1-31363
522_______United — » — Recueil Traités_______1994
317-
Denunciation
1. A State Party may, by written notification addressed to tfe
«nay
tha
on» year
Ssom
while, it a Party
right; OS
this Convention
State
would
oe at jlj?
1. b@ depositary
thereto.
Seeretary-Genasal
shall»
(a) report to all States Parties, the Authority and competent
that haw
Convention;
conflegations est
as w«ll
Convention}
c) 311,
4;
a) observers
156s
(i) 2{s
ii) c » Vol. 1833, 1-31363
522 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 317·
Denunciation
1994
l. 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 thts Convention
prior to its termination for that State.
3. The denunciation shall not in any way affect the duty of any State
Party to fulfil any obligation embodied in this Convention to which it would
be subject under international law independently of this Convention.
Article 318
Status of Annexes
The Annexes form an integral part of this Convention and, unless
expressly provided otherwise, a reference to this Convention or to one of its
Parts includes a reference to the Annexes relating thereto.
Article 319
Depositary
l. 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 3ll,
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
Vol. 1833, I-31363
1994_______United — » — Recueil Traités_______523
(ill) texts of amendments referred to in paragraph 2(a), for their
(b) file Secretary-General shall also invite those observers to
referred in paragraph 2(e) .
authentic The original of this Convention, of which the Arabic, Chinese, Fr@neh r Russian and Spanish texts are equally authentic, shall, to
article United H tions.
authorized DOHE two.
[For the signatures, see volume 1835, p. 4.]
Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 523
(iii) texts of amendments referred to in paragraph 2(d), for their
information.
(b} The Secretary-General shall also invite those observers to
participate as observers at meetings of States Parties referred to
in paragraph 2(e).
Article 320
Authentic texts
The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall, subject to
article 305, paragraph 2, be deposited with the Secretary-General of the
United Nations.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly
authorized thereto, have signed this Convention.
DONE AT MONTEGO BAY, this tenth day of December, one thousand nine
hundred and eighty-two,
[For Vol. 1833, I-31363
524_______United Nations Treaty Series » Nations Unies Recueil des Trait s_______1994
ANNEX I. HIGHLY MIGRATORY SPECIES
1. tunas 2. Bluefin tuna; Thunnus tunat obesus.
tuna: Katsuwonus pelamis.
tunat Thunnua albacarea.
tunat atlanticus.
tunat alletteratusj Eutfaynnua tuna: Thunnus roaccovii.
mackerelt Auxis thazardt jtoxia tochei.
Pomfrets: Bramidae.
Marl ins t Tetrapturua angustirpstria} belong;
pfluegerit albidust audaxt ttetrapturua
Makaira mazara» » Makaira_nigrigana.
fishes? Istiophorus platypterust Istiophorus albicaas.
Swoidfishs Xiyhias gladiua.
14. Sauries: Scomberesox aaurusi Cololabis sairai Cololabis adocefeuai
Scombereeox sauras acombroidea.
Cory^ihaena » Cpryiphaena equiselis.
aharkat griaeusi Cetorhinua maaimas» Alopiidaet typusi Carcharhinidaet Sphyraidasi leurida.
Cetaceans: Phyaeteridae» Balaenoptgridaei Balaeitidaei Bschrichtiidaet » 524 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
ANNEX I. HIGHLY MIGRATORY SPECIES
l. Albacore tuna Thunnus alalunga.
2. Bluefin tuna Thunnus thynnus.
3. Bigeye tuna Thunnus obesus,
4. Skipjack tuna Katguwonus pelais.
5. Yellowfin tuna Thunnus albacares.
6. Blackfin tuna; Thunnus atlanticus,
7. Little tuna Euthynnus alletteratusy Euthyvnnus affinis.
8. Southern bluefin tuna hunnus naccovii.
1994
9. Frigate mackerels luxis thazard Buis rochei.
10. Pomfrets Family Bramidae,
11. Marlins Tetrapturus angustirostris Tetrapturus belone Tetrapturus
pfluegeri Tetrapturus albidugs Tetrapturus audax Tetrapturus georgei
Makairamazaray Makaira indica Makaira nigricans.
12. Sail-fishes Istiomhorug platypterugs Istioghorus slbicans.
13. Swordfish iphian gladius.
I4. Sauries; Scomberegos gaurugs Cololabis sairs Cololabis adocetug
Scoberesox saurus scombroides.
15. Dolphin: Coryphaena hippurus CoryRhaena eguiselis.
16. Oceanic sharks Hexanchus griseus Cetorhinus maximug Family
lopiidaey Rhincodon typug Family Carcharhinidae Family Sphyrnidae Family
Isurida.
17. Cetaceans Family Physeteridae Family galgenopteridag Family
Balaenidae Family Eschrichtiidae Family Monodontidae Family
zipiidae
Family Delphinidae.
Vol. 1833, I-31363
1994 — — Recueil Traités ANNEX II. COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF
A£ticle_l
In accordance with the provisions of article 76, a Commission on the
Liinm ictosn foofr mitthye wCiotnht intehnet aflo llSohweilfn g beayrtoincdl e2s0.0 nautical miles shall be established
Article_2
the fie1.l d oTfh e geCoolmomgiys,s iogne opshhyaslli csc onors ishtyd orofg r2a1p hmye,m beerlse cwtheod sbhya lSlt abtee s exPpaerrttises int o
this Convention from among their nationals, having du« regard to the need to
ensure equitable geographical representation» who shall serve in their
personal capacities.
2. The initial election shall be held as soon as possible but in any
eAta sel ewaistth itnh re18e mmoonntthhss abfetfeorr e thteh ed adtaet eo fof eneatcrhy eilnetcot ifoonr,c e tohfe tSheicsr eCtoanrvye-nGteinoenr.a l
of the United Nations shall address a letter to the States Parties, inviting
the submission of nominations, after appropriate regional consultations,
within three months. The Secretary-General shall prepare a list in
athlep haStbaetteisc alPa rotrideesr. of all persons thus nominated and shall submit it to all
the of the Commission shall be held at a
meeting by the Secretary-General at United Hâtions Headquarters, At that meeting, for which two thirds of the States Parties
snail constitute a quorum, -the persons elected to the Commission shall be
those nominees who obtain a two-thirds majority of the votes of the representatives of States Parties present and voting. Mot less than three
members shall be elected from each geographical region.
4. The members of the Commission shall be elected for a term of five
years. They shall be eligible for re-election.
5. The State Party which submitted the nomination of a member of the
Commission shall defray the expenses of that member while in performance of Commission duties. The coastal State concerned shall defray the expenses
incurred in respect of the advice referred to in article 3, paragraph l(b), of
this Annex. The secretariat of the Commission shall be provided by the Secretary-General of the Dnited Nations.
1. The functions of the Commission shall bet
(a) to consider the data and other material submitted by coastal States
concerning the outer limits of the continental shelf in areas where
those limits extend beyond 200 nautical miles, and to make
recommendations in accordance with article 76 and the Statement of
Understanding adopted on 29 August 1980 by the Third United Nations
Conference on the Law of the Seaj1
p. 1-United Nations Treaty Series • Nations Unies -Recueil des Trait~s
ANNEX II. COMMISSION ON THE LIMITS Article 525
In accordance with the provisions of article 76, a Commission on the
Limits of the Continental Shelf beyond 200 in conformity with the following articles.
Article l, The Commission shall consist of 2l members who shall be experts in
field of geology, geophysics or hydrography, elected by States Parties to
due representation, personal capacities.
2. shall any
case within 18 months after the date of entry into force of this Convention.
At least three months before the date of each election, the Secretary--General
after appropriate three Secretary--General alphabetical order thus the States Parties.
3. Elections of the members of the Commission shall be held at a
meeting of States Parties convened by the Secretary-General at United Nations
Headquarters. At that meeting, for which two thirds of the States shall constitute a quorum, the persons elected to those nominees who obtain a two-thirds majority of the votes of the
representatives of States Parties present and voting. Not less than members shall be elected from each geographical region.
4. The members of he Commission shall be elected for a term years. They shall be eligible for re-election.
5. The State Party which submitted the nomination of a member of the
Commission shall defray the expenses of that member while in performance of
Commission duties, The coastal State concerned shall defray the incurred in respect of the advice referred to in article 3, paragraph l(b), of
this Annex. The secretariat of the Commission shall be provided by the
Secretary-General of the United Nations.
Article 3
l. The functions of the Commission shall bet
(a) to consider the data and other material submitted by coastal those limits extend beyond 200 nautical miles, and to recommendations in accordance with article 76 and the Understanding adopted on 29 August 1980 by the Third United Conference on the Law of the Sea
1 See vol. 1835, 291.
Vol. 1833, I-31363
United Nations — Treaty Series • Nations Unies — Recueil des Traités 1994
b) referred
a).
Oc anographie Hydrographie members submission. representatives- 1. present continental Vol. 1833, 1-31363
526 Recueil Trait~s 1994
(b) to provide scientific and technical advice, if requested by the
coastal State concerned during the preparation of the data referred
to in subparagraph (a).
2. The Commission may co-operate, to the extent considered necessary
and useful, with the Intergovernmental Oceanographic Commission of UNESCO, the
International Hydrographic Organization and other competent international
organizations with a view to exchanging scientific and technical information
which might be of assistance in discharging the Commission's responsibilities.
Article 4
Where a coastal State intends to establish, in accordance with article
76, the outer limits of its continental shelf beyond 200 nautical miles, it
shall submit particulars of such limits to the Commission along with
supporting scientific and technical data as soon as possible but in any case
within 10 years of the entry into force of this Convention for that State.
The coastal State shall at the same time give the names of any Commission
members who have provided it with scientific and technical advice.
Article 5
Unless the Commission decides otherwise, the Commission shall function
by way of sub-commissions composed of seven members, appointed in a balanced
manner taking into account the specific elements of each submission by a
coastal State. Nationals of the coastal State making the submission who are
members of the Commission and any Commission member who has assisted a coastal
State by providing scientific and technical advice with respect to the
delineation shall not be a member of the sub-commission dealing with that
submission but has the right to participate as a member in the proceedings of
the Commission concerning the said submission, The coastal State which has
made a submission to the Commission may send its representatives to
participate in the relevant proceedings without the right to vote.
Article 6
l. The sub-commission shall submit its recommendations to the
Commission.
2. Approval by the Commission of the recommendations of the
sub-commission shall be by a majority of two thirds of Commission members
present and voting.
3. The recommendations of the Commission shall be submitted in writing
to the coastal State which made the submission and to the Secretary-General of
the United Nations.
Article 7
Coastal States shall establish the outer limits of the continental shelf
in conformity with the provisions of article 76, paragraph 8, and in
accordance with the appropriate national procedures.
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1994_______United — » — Recueil Traités_______527
Article 8
ArticleJ)
The actions of the Commission shall not prejudice matters to
coasts.
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1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
527
In the case of disagreement by the coastal State with the
recommendations of the Commission, the coastal State shall, within a
reasonable time, make a revised or new submission to the Commission.
Article 9
The actions of the Commission shall not prejudice matters relating to
delimitation of boundaries between States with opposite or adjacent coasts.
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ANNEX III. BASIC CONDITIONS OF PROSPECTING,
EXPHQR&TION AND EXPLOITATION
1
Prospecting
1. (a) Area.
b) a co-operation
144 «rill 1. plans applications only 153, snails
a) Authority;
b) 4j
528 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
ANNEX III. BASIC CONDITIONS OF PROSPECTING,
EXPLORATION AND EXPLOITATION
Article l
Title to minerals
Title to minerals shall pass upon recovery in accordance with this
Convention.
Article 2
(a) The Authority shall encourage prospecting in the (b) Prospecting shall be conducted only after the Authority has
received satisfactory written undertaking that the proposed
prospector will comply with this Convention and the relevant rules,
regulations and procedures of the Authority concerning in the training programmes referred to in articles 143 and l44 and
the protection of the marine environment, and will accept
verification by the Authority of compliance therewith. The
proposed prospector shall, at the same time, notify the Authority
of the approximate area or areas in which prospecting is to be
conducted.
(c) Prospecting may be conducted simultaneously by more than one
prospector in the same area or areas.
2. Prospecting shall not confer on the prospector any rights with
respect to resources. A prospector may, however, recover a reasonable
quantity of minerals to be used for testing.
Article 3
Exploration and exploitation
l. The Enterprise, States Parties, and the other entities referred to
in article 153, paragraph 2(b), may apply to the Authority for approval of
of work for activities in the Area.
2. The Enterprise may apply with respect to any part of the Area, but
by others with respect to reserved areas are subject to the
additional requirements of article 9 of this Annex.
3. Exploration and exploitation shall be carried out in areas
specified in plans of work referred to in article l53, paragraph 3, and
approved by the Authority in accordance with this Convention and the relevant
rules, regulations and procedures of the Authority.
4. Every approved plan of work shall:
(a) be in conformity with this Convention and the rules, regulations
and procedures of the Authority
(b) provide for control by the Authority of activities in the Area in
accordance with article 153, paragraph 4;
Vol. 1833, I-31363
1994 — Treaty » — Recueil Traités_______529
c) and of the Authority, the exclusive right to explore for
and the categories of resources in the for a plan of work covering only the stage of exploration
or the stage of exploitation, the approved plan of work shall
confer such exclusive right with respect to that stage only.
5. Upon its approval by the Authority, every plan of work, except those
between the Authority and the applicant or applicants.
1. 2(b), and if they follow the procedures and meet the qualification
his under any previous contracts with the a national unless the applicant has more than one nationality, as in the case
4. The sponsoring State or States shall, pursuant to article have
of its contract and its obligations under this Convention. A State
sponsored by it to with its obligations if that State Party has adopted
framework of its legal system, reasonably appropriate for securing by persons under its jurisdiction.
5. Parties
undertake:
a) Authority;
b) »
Vol. 1833, 1-31363
1994 United Nations Series • Nations Unies Recueil des Trait~s 529
(c) confer on the operator, in accordance with the rules, regulations
and procedures of the Authority, the exclusive right to explore for
and exploit the specified categories of resources in the area
covered by the plan of work. If, however, the applicant presents
for approval a plan of work covering only the stage of exploration
or the stage of exploitation, the approved plan of work shall
confer such exclusive right with respect to that stage only.
5. Upon its approval by the Authority, every plan of work, except those
presented by the Enterprise, shall be in the form of a contract concluded
between the Authority and the applicant or applicants.
Article 4
Qualifications of applicants
l. Applicants, other than the Enterprise, shall be qualified if they
have the nationality or control and sponsorship required by article 153,
paragraph 2(b)+ and if they follow the procedures and meet the qualification
standards set forth in the rules, regulations and procedures of the Authority.
2. Except as provided in paragraph 6, such qualification standards
shall relate to the financial and technical capabilities of the applicant and
his performance under any previous contracts with the Authority.
3. Each applicant shall be sponsored by the State Party of which it is
a national unless the applicant has more than one nationality, as in the case
of a partnership or consortium of entities from several States, in which event
all States Parties involved shall sponsor the application, or unless the
applicant is effectively controlled by another State Party or its nationals,
in which event both States Parties shall sponsor the application. The
criteria and procedures for implementation of the sponsorship requirements
shall be set forth in the rules, regulations and procedures of the Authority.
4. The sponsoring State or States shall, pursuant to article 139, have
the responsibility to ensure, within their legal systems, that a contractor so
sponsored shall carry out activities in the Area in conformity with the terms
of its contract and its obligations under this Convention. A sponsoring State
shall not, however, be liable for damage caused by any failure of a contractor
sponsored by it to comply with its obligations if that State Party has adopted
laws and regulations and taken administrative measures which are, within the
framework of its legal system, reasonably appropriate for securing compliance
by persons under its jurisdiction.
5, The procedures for assessing the qualifications of States which are applicants shall take into account their character as States.
6. The qualification standards shall require that every applicant,
without exception, shall as part of his application undertake;
(a) to accept as enforceable and comply with the applicable obligations
created by the provisions of Part XI, the rules, regulations and
procedures of the Authority, the decisions of the organs of the
Authority and terms of his contracts with the Authority
(b) to accept control by the Authority of activities in the Area, as
authorized by this Convention;
(c) to provide the Authority with a written assurance that his
obligations under the contract will be fulfilled in good faith
Vol. 1833, I-31363
530 United Nations — Treaty Series • Nations Unies — Recueil des Traités_______1994
(d) to comply with the provisions on the transfer of technology set
1. When submitting a plan of work, every applicant shall make available
information about the characteristics of such technology and information as to
description and information made available pursuant to paragraph 1 whenever a
3. the following undertakings by the contractor:
a) commercial terms and conditions, whenever the so
t
b) area contr acfe '
is la (a),- will; so mate availabia appropri t» arrangements comnercial tens aad conditions^ Same
extent.the- contract e. not'obtained, in afaall aa«d th«
teeaj
lagal which eases eases work}
Vol. 1833, 1-31363
Recueil Trait~s
(d} to comply with the provisions on the transfer of technology set
forth in article 5 of this Annex.
Article 5
Transfer of technology
1994
l, When submitting a plan of work, every applicant shall make available
to the Authority a general description of the equipment and methods to be used
in carrying out activities in the Area, and other relevant non-proprietary
information about the characteristics of such technology and information as to
where such technology is available.
2. Every operator shall inform the Authority of revisions in the
description and information made available pursuant to paragraph 1 whenever a
substantial technological change or innovation is introduced.
3, Every contract for carrying out activities in the Area shall contain
the following undertakings by the contractor:
(a} to make available to the Enterprise on fair and reasonable
commercial terms and conditions, whenever the Authority so
requests, the technology which he uses in carrying out activities
in the Area under the contract, which the contractor is legally
entitled to transfer. This shall be done by means of licences or
other appropriate arrangements which the contractor shall negotiate
with the Enterprise and which shall be set forth in a specific
agreement supplementary to the contract. This undertaking may be
invoked only if the Enterprise finds that it is unable to obtain
the same or equally efficient and useful technology on the open
market on fair and reasonable commercial terms and conditions
(b) to obtain a written assurance from the owner of any technology
used in carrying out activities in the Area under the contract,
which ia not generally available on the open market and which is not
covered by subparagraph ia), that the owner will, whenever the
Authority requests, make that technology available to the
Enterprise under licence or other appropriate arrangementa and
on fair and reasonable commercial terms and conditions, to the same
extent as made available to the contractor. If this assurance
is not 'obtained, the technology question shall not be used by the
contractor in carrying out activities in the Area;
(c) to acquire from the owner by means of an enforceable contract, upon
the request of the Enterprise and if it is possible to do so
without substantial cost to the contractor, the legal right to
transfer to the Enterprise any technology used by the contractor, in
carrying out activities in the Area under the contract, whiah the
contractor is otherwise not legally entitled to transfer and which is
not generally available on the open market. In cases where there is
a substantial corporate relationship between the contractor and the
owner of the technology, the closeness of this relationship and the
degree of control or influence shall be relevant to the
determination whether all feasible measures have been taken to
acquire such a right. In cases where the contractor exercises
effective control over the owner, failure to acquire from the owner
the legal right shall be considered relevant to the
contractor's qualification for any subsequent application for
approval of a plan of work
Vol. 1833, 1-31363
1994 — » — Recueil Traités_______531
by the Enterprise of any technology covered by subparagraph (b),
technology;
(e) to take the same measures as are prescribed in subp ragraph@ (a),
(b) , (c) and (d) for the benefit of a developing State or group of
of this Annex, provided that these measures shall be limited to the
exploitation of the part of the area proposed by the contractor
3 technology to a third State or the nationals of a third State. The
given contractor where technology has not been requested the
Enterprise or transferred by that contractor to the Enterprise.
provisi4»o ns Doifs putthees c ocnotnrcaecrtnsi;n g shuanldle rbtea kisnugbsj ecrte qtuior ceodm pbuyl spaorrayg rsaeptht le3,m enlti kei no ther ascucsoprednasnicoen owsi tht erPamritn aXtIi oann do,f tinh ec caosnest roafc tv oiro lmaotnieotna oryf ptehneasle tiuensde rmtaayk ibneg so,r dered in accordance with article 18 of this Annex. Disputes as to whether offers
mtaedr®m sb ya ndth ceo cnodnittriaocntso rm ayar eb ew istuhbimni tttheed bray negiet ohefr fpaiarr tayn dt o rbeiansdoinnagb lceo mcmoemrmceiracli al arbitration in accordance with the UNCÏTRM, Arbitration Rules or such other
parrobcietdruarteiso no fr ultehse Aaust hmoaryi tbye. preIfs crtihbe edf inidni ntgh e irs ultehsa,t trheeg uolfafteiro nms aadned by the contractor is not within the range of fair and reasonable commercial terms and
conditions, the contractor shall be givan 45 days to revise his offer to bring
airtt wiictlhe in1® tohfa t trhaisn gAen nbeexf.ore the Authority takes any action in accordance with
ceiMerc5.i al I£t etrhmes Eanntde rcpornidsiet ioisn su naapbplreo ptroi aotbet atienc honno lfoagiyr taon de narbelaes oniatb lteo &eora«aaa,e nesiet hienr a thtei mCeoluyn mcainln eorr tthhee Arsesceomvberlyy maanyd pcrooncveesnsei nag gorfo umpi noefr aSltsa tefsr oPma rtthiee s composed of those which are engaged in activities in the Area, those which
hSatva«t ess pPoanrstotreeed heanvtiintgi esa cwcheissc h taor es uechn gatgeecdhn oilno gayc.t ivTihtiise sg rion upth es hAarlela c aonnds uoltth er together and shall take effective measures to ensure that such technology is
cnoanddsi taivoanisl.a bleE atcoh stuhec hE nStteartper iPsaer toyn sfhaailrl atnadk e raelalso nfaebalsei bcloem mmeeracsiuarle s tetrom st haisn d «nd within its own legal system.
techno6l.o gy Iwn iltlh eb cea sien oafc cojrodiantn cvee wnitutrhe st hwei tthe rmtsh eo fEn ttehrep rjiosien,t vternatnsufreer agorfe ement.
contrac7.t £Toch e thuen dcearrtraykiinnggs o urte qoufi raecdt ibvyi ptaireasg rian pht he3 Asrheaal lu nbtei li n1c0l uydeeadr si na fetaecrh tihnev ockoenda daunreienmgen tt hoaft pceormimoedr.cial production by the Enterprise, and may be
equipme8.n t Faonrd ttheec hpnuircpaols eksn oowf-h otwh,i s ianrctliucdlien,g m"atneucahlnso,l ogdye*s igmnesa,n so ptehrea tsipnegc ialized instructions., training and technical advice and assistance, necessary to
atshs«esmeb liete,s sns aifnort aitnh aat npdu orppeorsae toen aa vniaobnl-ee xcslyusstievme abnads itsh.e legal right to use
Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 531
(d) to facilitate, upon the request of the Enterprise, the acquisition
by the Enterprise of any technology covered by subparagraph (b),
under licence or other appropriate arrangements and on fair and
reasonable commercial terms and conditions, if the Enterprise
decides to negotiate directly with the owner of the technology
e) to take the same measures as are prescribed in subparagraphs (a),
(b), (c) and (d) for the benefit of a developing State or group of
developing States which has applied for a contract under article 9
of this Annex, provided that these measures shall be limited to the
exploitation of the part of the area proposed by the contractor
which has been reserved pursuant to article 8 of this Annex and
provided that activities under the contract sought by the developing
State or group of developing States would not involve transfer of
technology to a third State or the nationals of a third State. The
obligation under this provision shall only apply with respect to any
given contractor where technology has not been requested by the
Enterprise or transferred by that contractor to the Enterprise.
4. Disputes concerning undertakings required by paragraph 3, like other
provisions of the contracts, shall be subject to compulsory settlement in
accordance with Part XI and, in cases of violation of these undertakings,
suspension or termination of the contract or monetary penalties may be ordered
in accordance with article 18 of this Annex. to whether offers
made by the contractor are within the range of fair and reasonable commercial
terns and conditions may be submitted by either party to binding commercial
arbitration in accordance with the UNCITRAL Arbitration Rules or such other
arbitration rules as may be prescribed in the rules, regulations and
procedures of the Authority, If the finding is that the offer made by the
contractor is not within the range of fair and reasonable commercial and
given it within that range before article 18 of this Annex.
5., If the Enterprise is unable to obtain on fair and reasonable
cosercial terms and conditions appropriate technology to enable it to
commence in a timely manner the recovery and processing of minerals from the
Area, either the Council or the Assembly may convene a group of States Parties
have sponsored entities which are engaged in activities in the Area and other
States Parties having access to such technology. This group shall consult
together and shall take effective measures to ensure that such technology is
made available to the Enterprise on fair and reasonable commercial terms and
conditions, Each such State Party shall take all feasible measures to this
end within its own legal aystem.
6. In the case of joint ventures with the Enterprise, transfer of
technology will be in accordance with the terms of the joint venture agreement.
7, 'The undertakings required by paragraph 3 shall be included in each
contract for the carrying out of activities in the Area until 10 years after
the commencement of commercial production by the Enterprise, and may be
invoked during that period.
8. For the purposes of this article, "technology means the specialized
equipment end technical know-how, including manuals, designs, operating
instructions, training and technical advice and assistance, necessary to
assemble, maintain and operate a viable system and the legal right to use
these items for that purpose on a non-exclusive basis.
Vol. 1833, I-31363
532 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1994
o£ 1. Six months after the entry into force of this Convention, and
thereafter each fourth month, the Authority shall take up for consideration
plans of work.
2. l*en considering an application for approval of a plan of work in
form of contract, the Authority shall first ascertain whether I
applicant has complied with the procedures established for
applications in accordance with article 4 of this Annex and has*
given the Authority the undertakings and assurances required by'tbat
article. In cases of non-compliance with these procedures or in
the absence of any of these undertakings and assurances, the
applicant shall be given 45 days to remedy these
(b) the applicant possesses the requisite qualifications provided toe
in article 4 of this Annex.
3. All proposed plans of work shall be taken up in the order in which
they are received. The proposed plans of work shall comply with and b«
governed by the relevant provisions of this Convention and the rules,
regulations and procedures of the Authority, including those on operational
requirements, financial contributions and the undertakings concerning the
transfer of technology. If the proposed plans of work conform to these
requirements, the Authority shall approve them provided that they are in
accordance with the uniform and non-discriminatory requirements set forth in
the rules, regulations and procedures of the Authority, unless}
(a) part or all of the -area covered by the proposed of work in
included in an approved plan of work or a previously submitted
proposed plan of work which has not yet been finally acted on the Authority?
(b) part or all of the area covered by the proposed plan of work is
disapproved by the Authority pursuant to article 162,, paragraph 2
(x) J or
(c) the proposed plan of work has been submitted or by a
State Party which already holds:
(i) plans of work for exploration and exploitation of polyraetallie
nodules in non-reserved areas that, together with either of the area covered by the application for a plan of work,
exceed in size 30 per cent of a circular area of 400,000
kilom tres surrounding the centre of either part of the
covered by the proposed plan of work;
ii) area
reserved to article 162, paragraph (2)(x).
Treaty Recueil Trait~s Article 6
Approval of plans of work
l. Six months after the entry into force of this Convention, and
thereafter each fourth month, the Authority shall take up for consideration
proposed plans of work.
When considering an application for approval of a plan of work in
the form of a contract, the Authority shall first ascertain whether
(a) the applicant has complied with the procedures established for
applications in accordance with article 4 of this Annex and has
given the Authority the undertakings and assurances required by that
article. In cases of non-compliance with these procedures or in
the absence of any of these undertakings and assurances, the
applicant shall be given 45 days to remedy these defects
(b) the applicant possesses the requisite qualifications provided for
in article 4 of this Annex.
3. All proposed plans of work shall be taken up in the order in which
they are received. The proposed plans of work shall comply with and be
governed by the relevant provisions of this Convention and the rules,
regulations and procedures of the Authority, including those on operational
requirements, financial contributions and the undertakings concerning the
transfer of technology. If the proposed plans of work conform to these
requirements, the Authority shall approve them provided that they are in
accordance with the uniform and non-discriminatory requirements set forth in
the rules, regulations and procedures of the Authority, unless
(a) part or all of the area covered by the proposed plan of work is
included in an approved plan of work or a previously submitted
proposed plan of work which has not yet been finally acted on by
the Authority
(b) part or all of the area covered by the proposed plan of work is
disapproved by the Authority pursuant to article 162, peragraph 2
(x)$ or
(c) the proposed plan of work has been submitted or sponsored by a
State Party which already holds:
(i) plans of work for exploration and exploitation of polymetallic
nodules in non-reserved areas that, together with either part
of the area covered by the application for a plan of work,
exceed in size 30 per cent of a circular area of 400,000 square
kilometres surrounding the centre of either part of the area
covered by the proposed plan of work
(ii) plans of work for the exploration and exploitation of
polymetallic nodules in non-reserved areas which, taken
together, constitute 2 per cent of the total sea-bed area
which is not reserved or disapproved for exploitation pursuant
to article 162, paragraph (2) (x).
Vol. 1833, 1-31363
1994_______United — » — Recueil Traités_______533
eJ, & JSEJ»
rata witli
article 4, paragraph 3, of this Annex. The Authority may approve of
notwithstanding a)r 151, area. sisd non-ArtieleJ?
amonc[ applicants^ 1. Six noaths insedlately
151,
2 to 1, of «nd procedures.
whichi
(a) batter ana workf
b$ tatting »
ic'i monopolisation 1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 533
4. For the purpose of the standard set forth in paragraph 3(c), a plan
of work submitted by a partnership or consortium shall be counted on a DE
Eata basis among the sponsoring States Parties involved in accordance with
article 4, paragraph 3, of this Annex. The Authority may approve plans of
work covered by paragraph 3(c) if it determines that such approval would not
permit a State Party or entities sponsored by it to monopolize the conduct of
activities in the Area or to preclude other States Parties from activities in
the Area.
5. Notwithstanding paragraph 3(a), after the end of the interim period
specified in article l5l, paragraph 3, the Authority may adopt by means of
rules, regulations and procedures other procedures and criteria consistent
with this Convention for deciding which applicants shall have plans of work
approved in cases of selection among applicants for a proposed area, These
procedures and criteria shall ensure approval of plans of work on an equitable
and non--discriminatory basis.
Article 7
Selection among applicants for production authorizations
l. months after the entry into force of this Convention, and
thereafter each fourth month, the Authority shall take up for consideration
applications for production authorizations submitted during the immediately
preceding period. The Authority shall issue the authorizations applied for if
all such applications can be approved without exceeding the production
limitation or contravening the obligations of the Authority under a commodity
agreement or arrangement to which it has become a party, as provided in
article 151.
2. When a selection must be made among applicants for production
authorizations because of the production limitation set forth in article l51,
paragraphs 7, or because of the obligations of the Authority under a
commodity agreement or arrangement to which it has become a party, as provided
for in article 151, paragraph l, the Authority shall make the selection on the
basis objective and non-discriminatory standards set forth in its rules,
regulations end procedures,
3. In the application of paragraph 2, the Authority shall give priority
to those applicants which
a) give better assurance of performance, taking into account their
financial and technical qualifications and their performance, if
any, under previously approved plans of work;
(b) provide earlier prospective financial benefits to the Authority,
taking into account when commercial production is scheduled to
begin
(c) have already invested the most resources and effort in prospecting
or exploration.
4. Applicants which are not selected in any period shall have priority
in subsequent periods until they receive a production authorization.
5. Selection shall be made taking into account the need to enhance
opportunities for all States Parties, irrespective of their social and
economic systems or geographical locations so as to avoid discrimination
against any State or system, to participate in activities in the Area and to
prevent monopolization of those activities.
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— — Recueil Traités 1994
res@rv«d as
Within 1. 12. 4. 1, 534 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 6. Whenever fewer reserved areas than non-reserved areas are under
exploitation, applications for production authorizations with respect to
reserved areas shall have priority.
7. The decisions referred to in this article shall be taken as soon possible after the close of each period.
Article 8
Reservation of areas
Each application, other than those submitted by the Enterprise or by any
other entities for reserved areas, shall cover a total area, which need not be
a single continuous area, sufficiently large and of sufficient estimated
commercial value to allow two mining operations. The applicant shall indicate
the co-ordinates dividing the area into two parts of equal estimated
commercial value and submit all the data obtained by him with respect to both
parts. Without prejudice to the powers of the Authority pursuant to article
17 of this Annex, the data to be submitted concerning polymetallic nodules
shall relate to mapping, sampling, the abundance of nodules, and their metal
content. Within 45 days of receiving such data, the Authority shall designate
which part is to be reserved solely for the conduct of activities by the
Authority through the Enterprise or in association with developing States.
This designation may be deferred for a further period of 45 days if the
Authority requests an independent expert to assess whether all data required
by this article has been submitted. The area designated shall become a
reserved area as soon as the plan of work for the non-reserved area is
approved and the contract is signed.
Article 9
Activities in reserved areas
l. The Enterprise shall be given an opportunity to decide whether it
intends to carry out activities in each reserved area. This decision may be
taken at any time, unless a notification pursuant to paragraph 4 is received
by the Authority, in which event the Enterprise shall take its decision within
a reasonable time. The Enterprise may decide to exploit such areas in joint
ventures with the interested State or entity.
2. The Enterprise may conclude contracts for the execution of part of
its activities in accordance with Annex IV, article 12, It may also enter
into joint ventures for the conduct of such activities with any entities which
are eligible to carry out activities in the Area pursuant to article 153,
paragraph 2(b). When considering such joint ventures, the Enterprise shall
offer to States Parties which are developing States and their nationals the
opportunity of effective participation.
3. 'The Authority may prescribe, in its rules, regulations and
procedures substantive and procedural requirements and conditions with respect
to such contracts and joint ventures.
4, Any State Party which is a developing State or any natural or
juridical person sponsored by it and effectively controlled by it or by other
developing State which is a qualified applicant, or any group of the
foregoing, may notify the Authority that it wishes to submit a plan of work
pursuant to article 6 of this Annex with respect to a reserved area. The plan
of work shall be considered if the Enterprise decides, pursuant to paragraph
l, that it does not intend to carry out activities in that area.
Vol. 1833, I-31363
1994_______United — » — Recueil Traités_______535
and a priority among applicants for a plan of work exploitation of
1. production sharing, as well as any other form of joint arrangement, which
Enterprise may receive financial incentives as provided for in article 13 of
this Annex.
the required by article 13 of this Annex to the extent of their share
by the 1. article 153, paragraph 2(a) , shall be governed by Part XI, the rules,
regulations and procedures of the Authority and its relevant decisions.
1. In adopting rules, regulations and procedures concerning the
objectives:
a) b) Area;
c) contractors;
Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 10
Preference and priority among applicants
535
An operator who has an approved plan of work for exploration only, as
provided in article 3, paragraph 4(c), of this Annex shall have a preference
and a priority among applicants for a plan of work covering exploitation of
the same area and resources. However, such preference or priority may be
withdrawn if the operator's performance has not been satisfactory.
Article 11
Joint arrangements
l. Contracts may provide for joint arrangements between the contractor
and the Authority through the Enterprise, in the form of joint ventures or
production sharing, as well as any other form of joint arrangement, which
shall have the same protection against revision, suspension or termination as
contracts with the Authority.
2. Contractors entering into such joint arrangements with the
Enterprise may receive financial incentives as provided for in article 13 of
this Annex.
3. Partners in joint ventures with the Enterprise shall be liable for
the payments required by article 13 of this Annex to the extent of their share
in the joint ventures, subject to financial incentives as provided for in that
article.
Article 12
Activities carried out by_the Enterprise
l. Activities in the Area carried out by the Enterprise pursuant to
article 153, paragraph 2(a), shall be governed by Part XI, the rules,
regulations and procedures of the Authority and its relevant decisions.
2. Any plan of work submitted by the Enterprise shall be accompanied by
evidence supporting its financial and technical capabilities.
Article 13
Financial terms of contracts
l. In adopting rules, regulations and procedures concerning the
financial terms of a contract between the Authority and the entities referred
to in article 153, paragraph 2(b), and in negotiating those financial terms in
accordance with Part XI and those rules, regulations and procedures, the
Authority shall be guided by the following objectives
(a) to ensure optimum revenues for the Authority from the proceeds of
commercial production;
(b) to attract investments and technology to the exploration and
exploitation of the Area
(cl to ensure equality of financial treatment and comparable financial
obligations for contractors
Vol. 1833, I-31363
— Treaty » — Recueil Traités_______1994
(d) to provide incentives on a uniform and non-discriminatory basis for
contractors to undertake joint arrangements with the Enterprise and
developing States or their nationals, to stimulate the transfer of
otfe cdhenvoelloogpyi ntgh erSettaot,e s;and to train the personnel of the Authority and
paragraph
| (f) to ensure that, as a result of the financial incentives provided to
contractors under paragraph 14, under the terms of contracts
reviewed in accordance with article 19 of this Annex or under the
provisions of article 11 of this Annex with respect to joint
ventures, contractors are not subsidized so as to be given an
artificial competitive advantage with respect to land-based miners.
2. A fee shall be levied for the administrative cost of processing an
application for approval of a plan of work in the form of a contract and shall
be fixed at an amount of $US 500,000 per application. The amount of the fee
csohvaelrls b et her eavdimeiwendi stfrraotmi vtei mec ostto tiinmcuer rbeyd .t he IfC ousnucchi l adimn inoridsetrr attiov ee nscuorset tihnactu rriet d
by the Authority in processing an application is less than the fixed amount,
the Authority shall refund the difference to the applicant.
3. A contractor shall pay an annual fixed fee of $US 1 million from the
date of entry into force of the contract. If the approved date of
commencement of commercial production is postponed because of a delay in
issuing the production authorization, in accordance with article 151, the
annual fixed fee shall be waived for the period of postponement. From the
date of commencement of commercial production, the contractor shall pay either
the production charge or the annual fixed fee, whichever is greater.
in conf4.o rmWiittyh iwnit ha ypeaarra gorfa pht he3, daat ec onotf raccotmomre ncsehmaelnlt chofo ocseo mmteor mcaikale phriosd uction, financial contribution to the Authority by either:
a) paying a production charge only; or
(b) paying a combination of a production charge and a share of net
proceeds.
a) follows:
years ii) years 11 Vol. 1833, 1-31363
536 United Nations Series • Nations Unies Recueil des Trait~s 1994
Enterprise technology thereto, Authority of developing States
(e) to enable the Enterprise to engage in sea-bed mining effectively at
the same time as the entities referred to in article 153, paragraph
2(b) 1 and
ll miners,
Us shall be reviewed from time to time by the council in order to ensure that it
covers the administrative cost incurred. If such administrative cost incurred
applicant.
3, l date of entry into force of the contract. If the approved date of
l5l, date of commencement of commercial production, the contractor shall pay either
the production charge or the annual fixed fee, whichever is greater.
4. Within a year of the date of commencement of commercial production,
in conformity with paragraph 3, a contractor shall choose to make his
financial contribution to the Authority by either:
(a) paying a production charge only or
(b) paying a combination of a production charge and a share of net
proceeds.
5. (a) If a contractor chooses to make his financial contribution to
the Authority by paying a production charge only, it shall be fixed
at a percentage of the market value of the processed metals
produced from the polymetallic nodules recovered from the area
covered by the contract. This percentage shall be fixed as follows;
(i) years 1-10 of commercial production
(ii) years ll to the end of commercial production
5 per cent
12 per cent
(b) The said market value shall be the product of the quantity of
the processed metals produced from the polymetallic nodules
extracted from the area covered by the contract and the average
price for those metals during the relevant accounting year, as
defined in paragraphs 7 and 8.
Vol. 1833, I-31363
1994_______United — Treaty » — Recueil Traités_______537
proceeds, such payments shall be determined as follows:
b), (i) first period of commercial production (ii) second period of commercial production If, in the second period of commercial production, as defined in d), subparagraph (m) falls below 15 per cent as a result of the of the
the processed metals produced from the polymetallic nodules
8.
ii) schedule:
of
40 per cent
a lass SO per cent
a 10 70 per cent
a which is Vol. 1833, 1-31363
1994 United Nations Series • Nations Unies -Recueil des Trait~s 537
6. If a contractor chooses to make his financial contribution to the
Authority by paying a combination of a production charge and a share of net
proceeds, such payments shall be determined as follows:
(a) The production charge shall be fixed at a percentage of the
market value, determined in accordance with subparagraph (b), of
the processed metals produced from the polymetallic nodules
recovered from the area covered by the contract. This percentage
shall be fixed as follows:
(i) first period of commercial production
(ii) second period of commercial production
2 per cent
4 per cent
If, in the second period of commercial production, as defined in subparagraph
(d), the return on investment in any accounting year as defined in
subparagraph (m) falls below l5 per cent as a result of the payment of the
production charge at 4 per cent, the production charge shall be 2 per cent
instead of 4 per cent in that accounting year.
(b) The said market value shall be the product of the quantity of
the processed metals produced from the polymetallic nodules
recovered from the area covered by the contract and the average
price for those metals during the relevant accounting year as
defined in paragraphs 7 and a.
(c) (i) The Authority's share of net proceeds shall be taken out
of that portion of the contractor's net proceeds which is
attributable to the mining of the resources of the area
covered by the contract, referred to hereinafter as
attributable net proceeds.
(ii) The Authority's share of attributable net proceeds shall
be determined in accordance with the following incremental
schedule
Portion of attributable
net proceeds
Share of the Authority
First period of
commercial production
Second period pf
commercial production
That portion representing
a return on investment which
is greater than 0 per cent,
but less than 10 per cent
That portion representing
a return on investment
which is l0 per cent or
greater, but less than 20
per cent
That portion representing
a return on investment
which is 20 per cent or
greater
35 per cent
42.5 per cent
50 per cent
40 per cent
50 per cent
70 per cent
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538_______United Nations — Treaty Series » Nations Unies — Recueil des Traités_______1994
<d) (i) subparagraphs a) c) follows;
'accounting development costs less cash surplus in that year. In each
subsequent accounting year, unrecovered development costs
the preceding accounting year, plus interest thereon at the
rate of 10 per cent per annum, plus development costs incurred
surplus in the current accounting year. The accounting year
in which unrecovered development costs become zero for the
surplus. The contractor's cash surplus in any accounting shall be his gross proceeds less his operating costs and less
his payments to the Authority under subparagraph (c).
ii) e) "Attributable proceeds'1 n), nodules, and production primarily of four processed metals, cobalt, copper, manganese and nickel, the may, in its
(f) "Contractor's proceeds" proceeds less his operating costs and less the recovery of his
(j).
(i) If the contractor engages in mining, transporting
"contractor's proceeds" 538 United • -Recueil Trait~s 1994
(d) i)
(ii)
The first period of commercial production referred to in
(a) and (c) shall commence in the first
accounting year of commercial production and terminate in the
accounting year in which the contractor's development costs
with interest on the unrecovered portion thereof are fully
recovered by his cash surplus, as follows
In the first accounting year during which development costs
are incurred, unrecovered development costs shall equal the
development costs less cash surplus in that year. In each
aubsequent accounting year, unrecovered development costs
shall equal the unrecovered development costs at the end of
the preceding accounting year, plus interest thereon at the
rate of l0 per cent per annum, plus development costs incurred
in the current accounting year and less contractor's cash
surplus in the current accounting year, The accounting year
in which unrecovered development costs become zero for the
first time shall be the accounting year in which the
contractor's development costs with interest on the
unrecovered portion thereof are fully recovered by his cash
surplus, The contractor's cash surplus in any accounting year
shall be his gross proceeds less his operating costs and less
his payments to the Authority under subparagraph (c)%
The second period of commercial production shall commence
in the accounting year following the termination of the first
period of commercial production and shall continue until the
end of the contract.
(e)
f)
Attributable net proceeds means the product of the
contractor's net proceeds and the ratio of the development costs in
the mining sector to the contractor's development costs. If the
contractor engages in mining, transporting polymetallic nodules and
production primarily of three processed metals, namely, cobalt,
copper and nickel, the amount of attributable net proceeds shall
not be less than 25 per cent of the contractor's net proceeds.
Subject to subparagraph (n), in all other cases, including those
where the contractor engages in mining, transporting polymetallic
nodules, and production primarily of four processed metals, namely,
cobalt, copper, manganese and nickel, the Authority may, in its
rules, regulations and procedures, prescribe appropriate floors
which shall bear the same relationship to each case as the 25 per
cent floor does to the three-metal case.
Contractors net proceeds means the contractor's gross
proceeds less his operating costs and less the recovery of his
development costs as set out in subparagraph j).
(g) (i) If the contractor engages in mining, transporting
polymetallic nodules and production of processed metals,
contractor's gross proceeds means the gross revenues from
the sale of the processed metals and any other monies deemed
reasonably attributable to operations under the contract in
accordance with the financial rules, regulations and
procedures of the Authority.
Vol. 1833, I-31363
1994 — » — Recueil Traités_______539
(il) In ail other than those specified in subparagraphs
(g) (1) and (n)(iii), "contractor's gross proceeds* means the
grass revenues from the sale of the semi-processed metals from
the nodules recovered 'from the area covered by
the contract, and other monies deemed reasonably
attributable to operations under the contract in accordance
with the financial rules, regulations and procedures of the
Authority.
(h) "Contractor's development costs" means:
(i) all expenditures incurred prior to the commencement of
commercial production which are directly related to the
of the productive capacity of the area covered by
the contract and the activities related thereto for operations
under the contract in all cases other than that specified in
subparagraph (n), in conformity with generally, recognized
accounting principles, including, inter alia, costs of
machinery, equipment, ships, processing plant, construction,
buildings, land, roads, prospecting and exploration of the
covered by the contract, research and development,
interest, required leases, licences and fees; and
(ii) expenditures similar to those set forth in (i) incurred
i) «hen (j) (h)(i) and (n)(iv) shall be recovered in 10 equal annual
production. subparagraphs (h)(ii) and (n)(iv) shall be recovered in 10 or fewer
sp (k) "Contractor's costs" is Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 539
(ii) In all cases other than those specified in subparagraphs
(g)(i) and (n)(iii), "contractor's gross proceeds means the
grass revenues from the sale of the semi-processed metals from
the polymetallic nodules recovered 'from the area covered by
the contract, and any other monies deemed reasonably
attributable to operations under the contract in accordance
with the financial rules, regulations and procedures of the
Authority.
(h) "Contractor's development costs means:
(i) all expenditures incurred prior to the commencement of
commercial production which are directly related to the
development of the productive capacity of the area covered by
the contract and the activities related thereto for operations
under the contract in all cases other than that specified in
subparagraph (n), in conformity with generally recognized
accounting principles, including, inter alia, costs of
machinery, equipment, ships, processing plant, construction,
buildings, land, roads, prospecting and exploration of the
area covered by the contract, research and development,
interest, required leases, licences and fees; and
(ii) expenditures similar to those set forth in (i) above incurred
subsequent to the commencement of commercial production and
necessary to carry out the plan of work, except those
chargeable to operating costs.
(i) 'The proceeds from the disposal of capital assets and the
market value of those capital assets which are no longer required
for operations under the contract and which are not sold shall be
deducted from the contractor's development costs during the
relevant accounting year, When these deductions exceed the
contractor's development costs the excess shall be added to the
contractor's gross proceeds.
j) The contractor's development costs incurred prior to the
commencement of commercial production referred to in subparagraphs
(h) (i) and (n) (iv) shall be recovered in 10 equal annual
instalments from the date of commencement of commercial
production, The contractor's development costs incurred subsequent
to the commencement of commercial production referred to in
subparagraphs (h) (ii) and (n) (iv) shall be recovered in 10 or fewer
equal annual instalments so as to ensure their complete recovery by
the end of the contract.
k) Contractor's operating costs means all expenditures incurred
after the commencement of commercial production in the operation of
the productive capacity of the area covered by the contract and the
activities related thereto for operations under the contract, in
conformity with generally recognized accounting principles,
including, inter alia, the annual fixed fee or the production
charge, whichever greater, expenditures for wages, salaries,
employee benefits, materials, services, transporting, processing
and marketing costs, interest, utilities, preservation of the
marine environment, overhead and administrative costs specifically
related to operations under the contract, and any net operating
losses carried forward or backward as specified herein. Net
Vol. 1833, I-31363
— Treaty — Recueil Traités 1994
operating losses may be carried forward for two consecutive years
beex cceaprtr iiend tbhaec klwaasrtd twtoo ytehea rst woo f prtehcee dcionngt ryaecatr si.n which case they may
(1) If the contractor engages in mining, transporting of
pseelm/im-eptraolcleiscs edno dmuelteasl,s , an"dd epvreoldoupcmteinotn coofs tsp roocfe stsheed m iannidn g sector"
means the portion of the contractor's development costs which is
directly related to the mining of the resources of the area covered
pbry intchiep lceosn,t raacntd, thien cfoinnfaonrcmiiatly rwuiletsh, gerneegruallaltyi onrse coangdn izperdo caecdcuoruesn tionfg
the Authority, including, inter alia, application fee, annual fixed
ftehee aanrde,a wchoevreer eda ppblyi ctahbel ec,o nctroasctts, ofa ndp rao sppoercttiinogn aonf d reexspelaorrcha tiaondn of
development costs.
a) "Return on investment" in any accounting year means the ratio
of attributable net proceeds in that year to the development costs
of the mining sector. For the purpose of computing this ratio the
development costs of the mining sector shall include.on new or replacement equipment in the mining sector less the
original cost of the equipment replaced.
(n) If the contractor engages in mining only:
"attributable proceeds" proceeds}
ii) contractor's subparagraph (£);
iii) "contractor's the sale of the polymetallic nodules, and any other monies
deemed reasonably attributable to operations under the
authorityi
iv) "contractor's costs* set forth in subparagraph (h)(i), and all expenditures
incurred subsequent to the commencement of commercial
production as set forth in subparagraph (h)(ii), which are
area
recognized accounting principles}
v) "contractor's costs" k) related to the mining of the resources of the area covered by
the contract in conformity with generally recognized
accounting principles;
(vi) "return on investment" in any accounting year means the ratio
contractor's development costs. For the purpose of computing
expenditures on new or replacement equipment less the original
540 United Nations Treaty Series • Nations Unies Recueil des Trait~s years
except in the last two years of the contract in they may
be carried backward to the two preceding years.
polymetallic nodules, and production of processed and
semi-processed metals, "development costs of the mining by the contract, in conformity with generally recognized accounting
principles, and the financial rules, regulations and procedures of
fee and, where applicable, Ge prospecting and exploration the area covered by the contract, and a portion of research and
(m) "petuzn on investment in any accounting year means the ratio
of attributable net proceeds in that year to the development costs
of the mining sector. For the purpose of computing this ratio the
development costs of the mining sector shall include ,expenditures
on new or replacement equipment in the mining sector less the
original cost of the equipment replaced.
(n) If the contractor engages in mining only:
(i) attributable net proceeds means the whole of the
contractor's net proceeds
(ii) "contractor's net proceeds" shall be as defined in
subparagraph (f)
(iii) contractor's gross proceeds" means the gross revenues from
the sale of the polymetallic nodules, and any other monies
deemed reasonably attributable to operations under the
contract in accordance with the financial rules, regulations
and procedures of the Authority
(iv) contractor's development costs" means all expenditures
incurred prior to the commencement of commercial production as
set forth in subparagraph (h)(i), and all expenditures
incurred subsequent to the commencement of commercial
production as set forth in subparagraph (h) (ii), which are
directly related to the mining of the resources of the area
covered by the contract, in conformity with generally
recognized accounting principles;
(v) contractor's operating costs means the contractor's
operating costs as in subparagraph (k) which are directly
related to the mining of the resources of the area covered by
the contract in conformity with generally recognized
accounting principles
(vi) "return on investment in any accounting year means the ratio
of the contractor's net proceeds in that year to the
contractor's development costs. For the purpose of computing
this ratio, the contractor's development costs shall include
expenditures on new or replacement equipment less the original
cost of the equipment replaced.
Vol. 1833, I-31363
1994_______United — » — Recueil Traités_______541
h), k), 1) and (n)
shall allowed approves,
1, -
p) taxes a) "Processed 5 processed metals" b) 5 b) b), efficiency and other relevant factors, in accordance with the
rules, regulations and procedures of the Authority and in
conformity with generally recognized accounting principles.
8. If an international terminal market provides a representative
pricing mechanism for processed metals, polymetallic nodules and
semi-processed metals from the nodules, the average price on that market shall
contractor, determine a fair price for the said products in accordance with
paragraph 9.
9. (a) All costs, expenditures, proceeds and revenues and all
determinations of price and value referred to in this article shall
be the result of free market or arm's length transactions. In the
absence thereof, they shall be determined by the Authority, after
market or arm's length transactions, taking into account relevant
transactions in other markets.
(b) In order to ensure compliance with and enforcement of the
principles adopted for, and the interpretation given to, arm's
length transactions by the Commission on Transnational Corporations
of the United Nations, the Group of Experts on Tax Treaties between
Developing and Developed Countries and other international
certified independent accountants acceptable to the Authority for
the purpose of carrying out auditing in compliance with those
rules, regulations and procedures.
1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 541
(o) The costs referred to in subparagraphs (h), (k), (l) and (n)
in respect of interest paid by the contractor shall be allowed to
the extent that, in all the circumstances, the Authority approves,
pursuant to article 4, paragraph l, of this Annex, the debt-equity
ratio and the rates of interest as reasonable, having regard to
existing commercial practice.
(p) The costs referred to in this paragraph shall not be
interpreted as including payments of corporate income taxes or
similar charges levied by States in respect of the operations of
the contractor.
7. (a) Processed metals", referred to in paragraphs 5 and 6,
means the metals in the most basic form in which they are
customarily traded on international terminal markets. For this
purpose, the Authority shall specify, in its financial rules,
regulations and procedures, the relevant international terminal
market. For the metals which are not traded on such markets,
"processed metals means the metals in the most basic form in which
they are customarily traded in representative arm's length
transactions.
(b) If the Authority cannot otherwise determine the quantity of
the processed metals produced from the polymetallic nodules
recovered from the area covered by the contract referred to in
paragraphs 5 (b) and 6 (bl, the quantity shall be determined on the
basis of the metal content of the nodules, processing recovery
a. semi-processed be used. In all other cases, the Authority shall, after consulting the
paragraph 9.
a) consulting the contractor, as though they were the result of free
b) provisions of this paragraph, the Authority shall be guided by the
organizations, and shall, in its rules, regulations and procedures,
specify uniform and internationally acceptable accounting rules and
procedures, and the means of selection by the contractor of
Vol. 1833, I-31363
542_______United — » — Recueil Traités_______1994
10. The contractor shall make available to the accountants, in
accordance with the financial rules, regulations and procedures of the
Authority, such financial data as are required to determine compliance with
this article.
values 11r.e feArlrle dc otsot si,n etxhpiesn dairttuircelse,, psrhoaclele dbse daentde rrmevienneude si,n aancdc oarldla npcrei wcietsh a nd
generally recognized accounting principles and the financial rules,
regulations and procedures of the Authority.
12. Payments to the Authority under paragraphs and 6 shall be made in
effrfeeecltyi vueslayb leu sacbulrer eonnc ietsh eo rma jcourr refnocrieeisgn wheixcchh anagree mfarrekeeltys aovra,i laatb let hea nd
cTohne tmraacrtkoert' sv aloputei osnh,a lli nb et hde eteeqrumiivnaleedn tisn oafc cporrodacnecses ewdi mteht aplasr agarta pmha rk5e(bt) .v aluTeh.e
freely usable currencies and currencies which are freely available and
etfhfe ecrtulievse,l yr eugsualbaltei oonns tahne dm apjroorc edfuorreesig onf e xtchhe aAnugteh moarrikteyt si n shaaclclo rdbaen dceef iwnietdh in
prevailing international monetary practice.
13. All financial obligations of the contractor to the Authority, as
well as all his fees, costs, expenditures, proceeds and revenues referred to
in this article, shall be adjusted by expressing them in constant terms
relative to a base year.
14. The Authority may, taking into account any recommendations of the
Economic Planning Commission and the Legal and Technical Commission, adopt
rules, regulations and procedures that provide for incentives, on a uniform
and non-discriminatory basis, to contractors to further the objectives set out
in paragraph 1.
over t1h5e. intIne rpthree teavteinotn oorf aa pdpilsipcuattei obne otfw eetnh e thfei nAauntchioarli ttye ramnsd ofa cao ncotnrtarcatcotr, either party may submit the dispute to binding commercial arbitration, unless
baortthi cplaer t1i88e,s apgarreaeg ratpoh se2.ttle the dispute by other means, in accordance with
Article 14
Transfer of data
1. The operator shall transfer to the Authority, in accordance with its
rules, regulations and procedures and the terms and conditions of the plan of
work, at time intervals determined by the Authority all data which are both
necessary for and relevant to the effective exercise of the powers and
functions of the principal organs of the Authority in respect of the area
covered by the plan of work.
2. Transferred data in respect of the area covered by the plan of work,
deemed proprietary, may only be used for the purposes set forth in this
article. Data necessary for the formulation by the Authority of rules,
regulations and procedures concerning protection of the marine environment and
safety, other than equipment design data, shall not be deemed proprietary.
contrac3.t s oDra tac onttrraancstfoerrsr,e d deteom etdhe prAouptrhioertiatryy ,b y sphraolslp encotto rbse, daipspclliocsaendt sb y fotrh e
Authority to the Enterprise or to anyone external to the Authority, but data
on the reserved areas may be disclosed to the Enterprise. Such data
transferred by such persons to the Enterprise shall not be disclosed by the
Enterprise to the Authority or to anyone external to the Authority.
'•
Vol. 1833, 1-31363
542 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1994
10. The contractor shall make available to the accountants, in
accordance with the financial rules, regulations and procedures the
Authority, such financial data as are required to determine compliance with
this article.
11. All costs, expenditures, proceeds and revenues, and all prices and
referred to in this article, shall be determined in accordance with
5 freely usable currencies or currencies which are freely available and
effectively usable on the major foreign exchange markets or, at the
contractor's option, in the equivalents of processed metals at market value.
The market value shall be determined in accordance with paragraph 5(b). 'The
effectively usable on the major foreign exchange markets shall be defined the rules, regulations and procedures of the Authority in accordance with
l.
15. In the event of a dispute between the Authority and a contractor
the interpretation or application of the financial terms of a contract,
both parties agree to settle article 188, paragraph 2.
l4
l. 3. Data transferred to the Authority by prospectors, applicants for
contracts or contractors, deemed proprietary, shall not be disclosed by the
Vol. 1833, I-31363
1994 — — Recueil Traités "She 144, 2.
17
1. f)(o)(inter alia, (a) Area;
(b) operations:
i) area?
ii) operations;
iii) Annex;
iv) resources;
v) areas;
vi) vii) data;
viii) operations;
ix) Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article 15
Training programmes
543
The contractor shall draw up practical programmes for the training of
personnel of the Authority and developing States, including the participation
of such personnel in all activities in the Area which are covered by the
contract, in accordance with article l44, paragraph 2,
Article 16
Exclusive right to explore and exploit
The Authority shall, pursuant to Part XI and its rules, regulations and
procedures, accord the operator the exclusive right to explore and exploit the
area covered by the plan of work in respect of a specified category of
resources and shall ensure that no other entity operates in the same area for
a different category of resources in a manner which might interfere with the
operations of the operator. The operator shall have security of tenure in
accordance with article 153, paragraph 6.
Article l7
Rules, regulations and procedures of the Authority
l. The Authority shall adopt and uniformly apply rules, regulations and
procedures in accordance with article 160, paragraph 2(f)(ii), and article
162, paragraph 2(o) (ii), for the exercise of its functions as set forth in
Part XI on, inter alia, the following matters:
a)
b)
administrative procedures relating to prospecting, exploration and
exploitation in the Area
operations
(i) size of area
(ii) duration of operations
(iii) performance requirements including assurances pursuant to
article 4, paragraph 6(c), of this Annex)
(iv) categories of resources
(v) renunciation of areas
(vi) progress reports;
(vii) submission of data
(viii) inspection and supervision of operations
(ix) prevention of interference with other activities in the marine
environment;
Vol. 1833, I-31363
544 — Treaty — Recueil Traités_______1994
(x) transfer of rights and obligations by a contractor;
(xi) procedures for transfer of technology to developing States in
accordance with article 144 and for their direct participation}
(xii) mining standards and practices, including those relating to
oppreortaetcitoinoanl ofs aftehtey ,m acroinnes erevnavitrioonnm eonft ;the resources and the
(xiii) definition of commercial production;
(xiv) qualification standards for applicants;
(c) financial matters:
(i) aecsctoaubnltiisnhgm enrtu leosf uanndi fotrhme maentdh ondo no-fd isscerliemcitniaotno rofy acuodsittionrgs ;and
(ii) apportionment of proceeds of operations;
(iii) the incentives referred to in article 13 of this Annexj
(d) implementation of decisions taken pursuant to article 151,
paragraph 1O, and article 164, paragraph 2(d).
2. Rules, regulations and procedures on the following items shall fully
reflect the objective criteria set out below:
(a) Size of areas:
The Authority shall determine the appropriate size of areas
for exploration which may be up to twice as large as those for
exploitation in order to permit intensive exploration operations.
The size of area shall be calculated to satisfy the requirements of
article 8 of this Annex on reservation of areas as well as stated
wpirtohd uctthieo nt errmesq uoifr emtehen tsc onctornascits tetnatk iwngi thi natrot iacclceo un1t5 1 thien asctcaotred oanfc et he
art of technology then available for sea-bed mining and the
relevant physical characteristics of the areas. Areas shall be
neither smaller nor larger than are necessary to satisfy this
objective.
(b) Duration of operations:
(ii) Exploration should be of sufficient duration to permit a
ctohnosrtoruguhc tisounr voefy moifn itnhge esqpueicpimfeinct arfeoar, thteh e adreesai agnnd a ntdh e design
and construction of small and medium-size processing plants
for the purpose of testing mining and processing systems;
Vol. 1833, 1-31363
544 United Nations Series • Nations Unies Recueil des Trait~s 1994
contractor
participation
operational safety, conservation of protection of the marine environment;
iii) production
(c) financial matters
(i) establishment of uniform and non-discriminatory costing and
accounting rules and the method of selection of auditors
operations
Annex
(d) l5l,
10, production requirements consistent with article 15l in accordance
with the terms of the contract taking into account the state of the
be
(i) Prospecting shall be without time-limit;
thorough survey of the specific area, the design and
construction of mining equipment for the area and the systems
Vol. 1833, I-31363
1994 — — Recueil Traités iii) economic
life of the mining project; taking into consid ration such
mining
equipment and processing facilities and commercial viability.
area of
commercial-scale mining and processing systems, during which
period commercial production should not be required. The
total duration of exploitation, however, should also be short
terme
considers
renewal in accordance with rules, regulations and procedures
work.
(c) Performance requirements:
The Authority shall require that during the exploration stage
periodic expenditures be made by the operator which are reasonably
erexlpaentdedi tutroe st hwe hiscihze w oofu ldth eb e areexap eccotveedr eodf ab y botnhae pfliaden oofp erwaotrokr awnhd o the
intended to bring the area into commercial production within the
time-limits established by the Authority. The required
expenditures should not be established at a level which would
discourage prospective operators with less costly technology than
is prevalently in use. The Authority shall establish a maximum
time interval, after the exploration stage is completed and the
exploitation stage begins, to achieve commercial production. To
determine this interval, the Authority should take into
consideration that construction of large-scale mining and
opfr octehses ienxgp losryasttieomns csatnangeo t abned tihnei tcioamtmede ncuentmieln ta fotfe rt het hee xptleormiitnaattiioonn
stage. Accordingly, the interval to bring an area into commercial
production should take into account the tim@ necessary for this
construction after the completion of the exploration- stage and
reasonable allowance should be made for unavoidable delays in the
construction schedule. Once commercial production is achieved, the
Authority shall within reasonable limits and taking into
ccoomnmseirdceiraalt iporno daulclt iroenl evtahnrto ugfhaocutto rst her epqeuriiroed tohfe otpheer aptloarn otfo mwoarikn.tain
(a) of resources:
a
emphasis
inter alia characteristics';
1) methods; ii) area.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 545
(iii) The duration of exploitation should be related to the economic
life of the mining project, taking into consideration such
factors as the depletion of the ore, the useful life of mining
equipment and processing facilities and commercial viability.
Exploitation should be of sufficient duration to permit
commercial extraction of minerals of the area and should
include a reasonable time period for construction commercial-scale mining and processing systems, during which
period commercial production should not be required. 'The
total duration of exploitation, however, should also be short
enough to give the Authority an opportunity to amend the terms
and conditions of the plan of work at the time it considers
renewal in accordance with rules, regulations and procedures
which it has adopted subsequent to approving the plan of work.
requirements
periodic related to the size of the area covered by the plan of work and expenditures which would be expected of a bone fide operator who
discourage prospective operators with less costly technology than
time interval, after the exploration stage is completed and the
'To
determine this interval, the Authority should take into
consideration that construction of large scale mining and
processing systems cannot be initiated until after the termination
of the exploration stage and the commencement of the exploitation
stage. Accordingly, the interval to bring an area into commercial
production should take into account the time necessary for this
construction after the completion of the exploration construction schedule. Once commercial production is consideration all relevant factors require the operator to maintain
commercial production throughout the period of the plan of work.
(d) Categories of resources:
In determining the category of resources in respect of which a
plan of work may be approved, the Authority shall give emphasis
inter alig to the following characteristics:
(i) that certain resources require the use of similar mining
methods and
(ii) that some resources can be developed simultaneously without
undue interference between operators developing different
resources in the same area,
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546_______United — » — Recueil Traités_______1994
applicant.
e) areas*
area work.
environments
ana wastes g) large-1. casest
a) has
Authority} b) him.
case paragraph l(a),
penalties, suspension
5,
546 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1994
Nothing in this subparagraph shall preclude the Authority from
approving a plan of work with respect to more than one category of
resources in the same area to the same applicant,
(e) Renunciation of areas
The operator shall have the right at any time to renounce
without penalty the whole or part of his rights in the area covered
by a plan of work,
(f) Protection of the marine environment
Rules, regulations and procedures shall be drawn up in order
to secure effective protection of the marine environment from
harmful effects directly resulting from activities in the Area or
from shipboard processing immediately above a mine site of minerals
derived from that mine site, taking into account the extent to
which such harmful effects may directly result from drilling,
dredging, coring and excavation and from disposal, dumping and
discharge into the marine environment of sediment, wastes or other
effluents.
(g) Commercial productions
Commercial production shall be deemed to have begun if an
operator engages in sustained large scale recovery operations which
yield a quantity of materials sufficient to indicate clearly that
the principal purpose is large-scale production rather than
production intended for information gathering, analysis or the
testing of equipment or plant.
Article 18
Penalties
l. A contractor's rights under the contract may be suspended or
terminated only in the following cases
(a) if, in spite of warnings by the Authority, the contractor has
conducted his activities in such a way as to result in serious,
persistent and wilful violations of the fundamental terms of the
contract, Part XI and the rules, regulations and procedures of the
Authority or
(b) if the contractor has failed to comply with a final binding
decision of the dispute settlement body applicable to him,
2. In the case of any violation of the contract not covered by
paragraph l(a), or in lieu of suspension or termination under paragraph l(a),
the Authority may impose upon the contractor monetary penalties proportionate
to the seriousness of the violation.
3. Except for emergency orders under article 162, paragraph 2(w), the
Authority may not execute a decision involving monetary penalties, suspension
or termination until the contractor has been accorded a reasonable opportunity
to exhaust the judicial remedies available to him pursuant to Part XI,
section Vol. 1833, I-31363
1994 — — Recueil Traités Article 19
Revision of contract
1. When circumstances have arisen or are likely to arise which, in the
opinion of either party, would render the contract inequitable or make it
impracticable or impossible to achieve the objectives set out in the contract
or in Part XI, the parties shall enter into negotiations to revise it
accordingly.
2. Any contract entered into in accordance with article 153,
paragraph 3, may be revised only with the consent of the parties.
Article 20
Transfer of and The rights and obligations arising under a contract may be transferred
only with the consent of the Authority, and in accordance with its rules,
regulations and procedures. The Authority shall not unreasonably withhold
consent to the transfer if the proposed transferee is in all respects a
qualified applicant and assumes all of the obligations of the transferor and
if the transfer does not confer to the transferee a plan of work, the approval
of which would be forbidden by article 6, paragraph 3(c), of this Annex.
Article 21
1. of rules, regulations and procedures of the Authority, Part XI and other rules of
international law not incompatible with this Convention.
2. Any final decision rendered by a court or tribunal having
relating- to the Authority and of the contractor shall be enforceable in the territory of
3. Ho State Party may impose conditions on a contractor that are
However, other laws and regulations more stringent than those in the rules, regulations
and procedures of the Authority adopted pursuant to article 17, paragraph
2(f), of this Annex shall not be deemed inconsistent with Part XI.
The contractor shall have responsibility or liability for any damage
arising out of wrongful acts in the conduct of its operations, account being
Authority shall have responsibility or liability for any arising out of
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Article 19
Revision of contract
547
l, When circumstances have arisen or are likely to arise which, in the
opinion of either party, would render the contract inequitable or make it
impracticable or impossible to achieve the objectives set out in the contract
or in Part XI, the parties shall enter into negotiations to revise it
accordingly.
2. Any contract entered into in accordance with article 153,
paragraph 3, may be revised only with the consent of the parties.
Article 20
Transfer pf rights and obligations
The rights and obligations arising under a contract may be transferred
only with the consent of the Authority, and in accordance with its rules,
regulations and procedures. The Authority shall not unreasonably withhold
consent to the transfer if the proposed transferee is in all respects a
qualified applicant and assumes all of the obligations of the transferor and
if the transfer does not confer to the transferee a plan of work, the approval
of which would be forbidden by article 6, paragraph 3(c), of this Annex.
Article 21
Applicable law
l. The contract shall be governed by the terms the contract, the
rules, regulations and procedures of the Authority, Part XI and other rules of
international law not incompatible with this Convention.
2. Any final decision rendered by a court or tribunal having
jurisdiction under this Convention relating.to the rights and obligations of
the Authority and of the contractor shall be enforceable in the territory of
each State Party.
3, No State Party may impose conditions on a contractor that are
inconsistent with Part XI. However, the application by a State Party to
contractors sponsored by it, or to ships flying its flag, of environmental or
other laws and regulations more stringent than those in the rules, regulations
and procedures of the Authority adopted pursuant to article l7, paragraph
2(f), of this Annex shall not be deemed inconsistent with Part XI.
Article 22
Responsibility
The contractor shall have responsibility or liability for any damage
arising out of wrongful acts in the conduct of its operations, account being
taken of contributory acts or omissions by the Authority. Similarly, the
Authority shall have responsibility or liability for any damage arising out of
wrongful acts in the exercise of its powers and functions, including
violations under article 168, paragraph 2, account being taken of contributory
acts or omissions by the contractor. Liability in every case shall be for the
actual amount of damage.
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ANNEX IV, STATUTE OF THE. ENTERPRISE
ArUeleJ.
1. The Enterprise is the organ of the Authority which shall carry out
153. « , titan
2. and the rules,
3. in paragraph 1, operate accordance principles.
1. accordance with
2. 1, operations.
11, neuter
Enterprise.
the
functions.
Governing Board
of 15 elected by in accordance with article 160, paragraph 2(c). In the election of
members of the Board, due regard shall be paid to the principle of
distribution. In submitting nominations of candidates
Authority in mind the
need to nominate candidates of the highest standard of competence, with
qualifications to ensure the viability success
of the Enterprise.
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548 United Nations Treaty Series • Nations Unies Recueil des Trait~s
ANNEX IV. STATUTE OF THE ENTERPRISE
Article l
Purposes
1994
l, The Enterprise is the organ of the Authority which shall carry out
activities in the Area directly, pursuant to article 153, paragraph 2 (a), as
well as the transporting, processing and marketing of minerals recovered from
the Area.
2, In carrying out its purposes and in the exercise of its functions,
the Enterprise shall act in accordance with this Convention and the rules,
regulations and procedures of the Authority.
3, In developing the resources of the Area pursuant to paragraph l, the
Enterprise shall, subject to this Convention, operate in accordance with sound
commercial principles,
Article 2
Relationship to the Authority
l. Pursuant to article 170, the Enterprise shall act in accordance with
the general policies of the Assembly and the directives of the Council.
Subject to paragraph l, the Enterprise shall enjoy autonomy in the
conduct of its operations,
3. Nothing in this Convention shall make the Enterprise liable for the
acts or obligations of the Authority, or make the Authority liable for the
acts or obligations of the Enterprise.
Article 3
Limitation of liability
Without prejudice to article ll, paragraph 3, of this Annex, no member
of the Authority shall be liable by reason only of its membership for the acts
or obligations of the Enterprise,
Article 4
Structure
The Enterprise shall have a Governing Board, a Director-General and the
staff necessary for the exercise of its functions,
Article 5
Governing_Board
1. The Governing Board shall be composed of l5 members elected by the
Assembly in accordance with article 160, paragraph 2(c), In the election of
the members of the Board, due regard shall be paid to the principle of
equitable geographical distribution. In submitting nominations of candidates
for election to the Board, members of the Authority shall bear in mind the
need to nominate candidates of the highest standard of competence, with
qualifications in relevant fields, so as to ensure the viability and success
of the Enterprise.
Vol. 1833, I-31363
1994 — — Recueil Traités 549
2. Members of the Board shall be elected for four years and may be
re-elected; and due regard shall be paid to the principle of rotation of
membership.
3. Members of the Board shall continue in office until their successors
are elected. If the office of a member of the Board becomes vacant, the
Assembly shall, in accordance with article 160, paragraph 2(c), elect member for the remainder of his predecessor's term.
Members of the Board shall act in their personal capacity. In the
any government or from any other source. Each member of the Authority shall
respect the independent character of the members of the Board and shall
refrain from all attempts to influence any of them in the discharge of their
duties.
5. Each member of the Board shall receive remuneration to be paid out
of the funds of the Enterprise. The amount of remuneration shall be fixed by
the Assembly, upon the recommendation of the Council.
6. The Board shall normally function at the principal office of the
often 7. Two thirds of the members of the Board shall constitute a quorum.
^f on that matter.
Article 6
Powers and functions of the Governing Board
powersi
(a) to elect a Chairman from among its members}
b) procedure)
c) paragraph paragraph »
(d) to develop plans of work and programmes for out the
activities specified in article 170}
(e) to prepare and submit to the Council applications for production
151, 7)
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s • 2. Members of the Board shall be elected for four years and may be
re-elected and due regard shall be paid to the principle of rotation of
membership.
3. Members of the Board shall continue in office until their successors
are elected. If the office of a member of the Board becomes vacant, the
Assembly shall, in accordance with article 160, paragraph 2(c), elect a new
for the remainder of his predecessor's term.
4. Members of the Board shall act in their personal capacity. In the
performance of their duties they shall not seek or receive instructions from
any government or from any other source. Each member of the Authority shall
respect the independent character of the members of the Board and shall
refrain from all attempts to influence any of them in the discharge of their
duties.
5. Each member of the Board shall receive remuneration to be paid out
of the funds of the Enterprise. The amount of remuneration shall be fixed by
the Assembly, upon the recommendation of the Council,
6. The Board shall normally function at the principal office of the
Enterprise and shall meet as often as the business of the Enterprise may
require.
7. Two thirds of the members of the Board shall constitute a quorum.
8. Each member of the Board shall have one vote. All matters before
the Board shall be decided by a majority of its members. If a member has a
conflict f interest on a matter before the Board he shall refrain from voting
on that matter,
9. Any member of the Authority may ask the Board for information in
respect of its operations which particularly affect that member. The Board
shall endeavour to provide such information.
Article 6
Powers and functions of the Governing_Board
The Governing Board shall direct the operations of the Enterprise.
Subject to this Convention, the Governing Board shall exercise the powers
necessary to fulfil the purposes of the Enterprise, including powers
(a) to elect a Chairman from among its members
(b) to adopt its rules of procedure
(c) to draw up and submit formal written plans of work to the Council
in accordance with article 153, Paragraph 3, and article 162,
paragraph 2(j)
(d) to develop plans of work and programmes for carrying out the
activities specified in article 170
(e) to prepare and submit to the Council applications for production
authorizations in accordance with article l5l, paragraphs 2 to 75
Vol. 1833, I-31363
550_______United Nations — Treaty Series » Nations Unies — Recueil des Traités 1994
(£) a), c) d), »
g) 11, »
h) Annex)
i) Enterprise;
j) 12, »
k) Annex;
1) of rules;
m) 11, Annex;
(n) 13 Annex;
o) 1. terms.
2. organization, Enterprise subparagraph 1), Vol. 1833, 1-31363
550 United • -Recueil Trait~s 1994
(f) to authorize negotiations concerning the acquisition of technology,
including those provided for in Annex III, article 5, paragraph 3
(a), (c) and (d), and to approve the results of those negotiations
(g) to establish terms and conditions, and to authorize negotiations,
concerning joint ventures and other forms of joint arrangements
referred to in Annex III, articles 9 and ll, and to approve the
results of such negotiations
(h) to recommend to the Assembly what portion of the net income of the
Enterprise should be retained as its reserves in accordance with
article 160, paragraph 2(f), and article 10 of this Annex
(i) to approve the annual budget of the Enterprise
(j) to authorize the procurement of goods and services in accordance
with article l2, paragraph 3, of this Annex
(k) to submit an annual report to the Council in accordance with
article 9 of this Annex
(l) to submit to the Council for the approval of the Assembly draft
rules in respect of the organization, management, appointment and
dismissal.of the staff of the Enterprise and to adopt regulations
to give effect to such rules
(m) to borrow funds and to furnish such collateral or other security as
it may determine in accordance with article ll, paragraph 2, of
this Annex
n) to enter into any legal proceedings, agreements and transactions
and to take any other actions in accordance with article l3 of this
Annex
(o) to delegate, subject to the approval of the Council, any
non-discretionary powers to the Director-General and to its
committees.
Article 7
Director-General and staff of the Enterprise
l. The Assembly shall, upon the recommendation of the Council and the
nomination of the Governing Board, elect the Director-General of the
Enterprise who shall not be a member of the Board. The Director-General shall
hold office for a fixed term, not exceeding five years, and may be re-elected
for further terms,
2, 'The Director-General shall be the legal representative and chief
executive of the Enterprise and shall be directly responsible to the Board for
the conduct of the operations of the Enterprise. He shall be responsible for
the management, appointment and dismissal of the staff of the
in accordance with the rules and regulations referred to in article
6, (l), of this Annex. He shall participate, without the right
to vote, in the meetings of the Board and may participate, without the right
to vote, in the meetings of the Assembly and the Council when these organs are
dealing with matters concerning the Enterprise.
Vol. 1833, I-31363
1994_______United — » — Recueil Traités_______551
The consideration in the recruitment and employment of the
importance staff shall not seek or receive instructions from any government or from any
other source external to the Enterprise. They shall refrain, from any action
only to the Enterprise. Each State Party undertakes to
respect of their responsibilities.
5. The set forth in article 168, paragraph 2, are
Article 8
Location
Article 9
Reports and financial statements
1. The Enterprise shall, not later than three months after the end of
each financial year, submit to the Council for its consideration an annual
containing an audited statement of its accounts and shall transmit to
the Council at appropriate intervals a summary statement of its financial
2. The Enterprise shall publish its annual report and such other
as it finds appropriate.
3. All reports and financial statements referred to in this article
members Article 10
Allocation of net income
1. Subject to paragraph 3, the Enterprise shall make payments to the
Authority under Annex III, article 13, or their equivalent.
2. The Assembly shall, upon the recommendation of the Governing Board,
determine what portion of the net income of the Enterprise shall be retained
Authority.
3. During an initial period required for the Enterprise to become
which shall not exceed 10 years from the commencement of
commercial production by it, the Assembly shall exempt the Enterprise from the
referred to in paragraph 1, and shall leave all of the net income of
the Enterprise in its reserves.
Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 551
3. The paramount consideration in the recruitment and employment of the
staff and in the determination of their conditions of service shall be the
necessity of securing the highest standards of efficiency and of technical
competence. Subject to this consideration, due regard shall be paid to the
of recruiting the staff on an equitable geographical basis.
4. In the performance of their duties the Director-General and the
staff shall not seek or receive instructions from any government or from any
other source external to the Enterprise. They shall refrain from any action
which might reflect on their position as international officials of the
Enterprise responsible only to the Enterprise. Each State Party undertakes to
the exclusively international character of the responsibilities of the
Director-General and the staff and not to seek to influence them in the
discharge of their responsibilities,
5, The responsibilities set forth in article 168, paragraph 2, are
equally applicable to the staff of the Enterprise.
Article B
Location
The Enterprise shall have its principal office at the seat of the
Authority. The Enterprise may establish other offices and facilities in the
territory of any State Party with the consent of that State Party.
Article 9
Reports and financial statements
l, The Enterprise shall, not later than three months after the end of
each financial year, submit to the Council for its consideration an annual
report containing an audited statement of its accounts and shall transmit to
the Council at appropriate intervals a summary statement of its financial
position and a profit and loss statement showing the results of its operations.
2. The Enterprise shall publish its annual report and such other
reports as it finds appropriate.
3, All reports and financial statements referred to in this article
shall be distributed to the members of the Authority.
Article 10
Allocation of net income
l. Subject to paragraph 3, the Enterprise shall make payments to the
Authority under Annex III, article 13, or their equivalent,
2. The Assembly shall, upon the recommendation of the Governing Board,
determine what portion of the net income of the Enterprise shall be retained
as reserves of the Enterprise. The remainder shall be transferred to the
Authority.
3, During an initial period required for the Enterprise to become
self-supporting, which shall not exceed l0 years from the commencement of
commercial production by it, the Assembly shall exempt the Enterprise from the
payments referred to in paragraph l, and shall leave all of the net income of
the Enterprise in its reserves.
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552 — Treaty » — Recueil Traités_______1994
Article 11
Finances
1. The funds of the Enterprise shall include:
(a) paamroaugnrtasp hr ec2(ebi)v;ed from the Authority in accordance with article 173,
(b) voluntary contributions made by States Parties for the purpose of
financing activities of the Enterprise?
(c) amounts borrowed by the Enterprise in accordance with paragraphs 2'
and 3;
(d) income of the Enterprise from its operations;
(e) other funds made available to the Enterprise to .enable it to
commence operations as soon as possible and to carry out its
functions.
2. (fa)u rnisThh es uEcnht ecroplrliaset ersahla llor haotvhee rt hes epcouwreirt y taos boirt rnoawy fudentdesr mainnde .t o
Before making a public sale of its obligations in the financial markets or currency of a State Party, the Enterprise shall obtain
the approval of that State Party. The total anount of borrowings
shall be approved by the Council upon the recommendation f the
Governing Board.
(b) appliSctaattieosn sP abryt itehse Esnhtaellr pmraiksee efvore ryl oarnesa soonn abclaep itefaflo rmta, rkteot ss uapnpeo rt from international financial 3. (ea)x plor%ee a Enndt eexrpplroiiste osnhea lmli nbee spirtoev,i deadn dw ittoh trtahne spfourntd»s pnreocceessssa rya ntdo market the minerals recovered nickel* cobalt and manganese cardimtienriisat,r aatnidv ef aecxtpoarnss efso.r iTths e adajmuosutnmte notf, tsheh alslai db e fuinndcsl,u daend d byt het he Preparatory Commission the regulations procedures of the (b) All States shall Ktterprise amount equivalent to one subparagraph (a) by way of long-term loans arcecguolradra nbceu dwgietth itnh ef osrccael ea to ft hae ssteismsem ewnhtesn fthoer tahses eUsnsimteendt s Maurtei omnasd e,
atdhjeu sUtneidt edt oN attaikoen si.n toD aecbctosu nitn cuthrer eSd tabtye st hweh iEcnht erarper isneo t iMn emrbaeirssi ngo f the other half of the Parties in accordance (c) less Itfh ant het hes ufmu onfd s thteo bfei npanrcoivaild edc onttor itbhue tEinotnesr porfi sSet atunedse rP arties i* subparagraph (a) , the fleet consider the extent of the shortfall and by moebalsiugraetsi onf oor fd eSatlaitnegs wPiatrht i«tsh isu ndsehro rtsfuablpla,s sgtraakpihnsg i(na)t"o a naac co(ub)n ta ntdhe any recommendations of the Cowssisslon.
Vol. 1833, 1-31363
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1994
1.
(a)
(b)
(c)
(d)
(e)
2.
(b)
3.
(b)
(c)
include
amounts received 173,
paragraph 2(b)}
Enterprise
2
3
operations
other funds made available to the Enterprise to.enable it to
functions.
(a) 'The Enterprise shall have the power to borrow funds and to
furnish such collateral or other security as it may determine,
public sale of its obligations in the financial
or currency of a State Party, the Enterprise shall State Party. The total amount of borrowings
upon recoandatian of Governing Board,
States Parties shall make every reasonabls effort to support
applications by the Enterprise for loans on capital markets and
from international financial institutions.
(a) The Enterprise shall be provided with the funds necessary to
explore and exploit one mine site, and to transport, process and
market the minerals recovered therefrom and the nickel, copper,
cobalt and manganese obtained, and to meet its initial
administrative expenses. The amount of the said funds, and the
criteria and factors for its adjustment, shall be included by the
Preparatory Commission in the draft rules, regulationa and
procedures of the Authority.
All States Parties shall make available to the Enterprise an
amount equivalent to one half of the funds referred to in
subparagraph (a) by way of longterm interest-free lomna in
accordance with the scale of assessments for the United Nations
regular budget in force at the time when the assessments are made,
adjusted to take into account the States which are not members of
the United Nations. Debts incurred by the Enterprise in raising
the other half of the funds shall be guaranteed by all States
Parties in accordance with the same scale.
If the sum of the financial contributions of States Parties is
less than the funds to be provided to the Enterprise under
subparagraph (a), the Assembly shall, at its first session,
consider the extent of the shortfall and adopt by consensus
measures for dealing with this shortfall, taking intc account the
obligation of States Parties under subparagraphs ta)' and (b) and
any recommendations of the Preparatory Comissior.
Vol. 1833, 1-31363
1994 — Treaty — Recueil Traités 553
(d) (i) Each State Party shall, within or non-negotiablg, pconiasory aotes loans
b).
(ii) date
entera ana at
and for fehe of
its administrative by
the Enterprise 170 artiele 12
Annex,
iii) of the funds in accordance with subparagraph (b) , for
(iv) States Parties shall, upon receipt of the notification,
make available their respective shares of debt guarantees for
the Enterprise in accordance with b).
(e) (i) If the Enterprise so requests, State Parties may provide
b).
ii) f) free assembly, independence.
g) Vol. 1833, 1-31363
1994 United Nations Series • Nations Unies Recueil des Trait~s 553
4)
41)
(iii)
(iv)
e) i)
(ii)
Each State Party shall, within 60 days after the
entry into force of this Convention, or within 30 days after
the deposit of its instrument of ratification or accession,
whichever is later, deposit with the Enterprise irrevocable,
nonnegotiable, non-interest-bearing promissory notes in the
amount of the share of such State Party of interest-free loans
pursuant to subparagraph (b).
The Board shall prepare, at the earliest practicable date
after this Convention enters into force, and thereafter at
annual or other appropriate intervals, a schedule of the
magnitude and timing of its requirements for the funding of
its administrative expenses and for activities carried out the Enterprise in accordance with article 27G and article l2
of this Annex,
The States Parties shall, thereupon, be notified by the
Enterprise, through the Authority, of their respective shares
of the funds in accordance with subparagraph (b), required for
such expenses. The Enterprise shall encash such amounts of
the promissory notes as may be required to meet the
expenditure referred to in the schedule with respect to
interest-free loans.
States Parties shall, upon receipt of the notification,
make available their respective shares of debt guarantees for
the Enterprise in accordance with subparagraph (b)%
If the Enterprise so requests, State Parties may provide
debt guarantees in addition to those provided in accordance
with the scale referred to in subparagraph (b).
In lieu of debt guarantees, a State Party may make a
voluntary contribution to the Enterprise in an amount
equivalent to that portion of the debts which it would
otherwise be liable to guarantee.
(f) Repayment of the interest-bearing loans shall have priority
over the repayment of the interest-free loans. Repayment of
interest-free loans shall be in accordance with a schedule adopted
by the Assembly, upon the recommendation of the Council and the
advice of the Board. In the exercise of this function the Board
shall be guided by the relevant provisions of the rules,
regulations and procedures of the Authority, which shall take into
account the paramount importance of ensuring the effective
functioning of the Enterprise and, in particular, ensuring its
financial independence,
(g) Funds made available to the Enterprise shall be in freely
usable currencies or currencies which are freely available and
effectively usable in the major foreign exchange markets. These
currencies shall be defined in the rules, regulations and
procedures of the Authority in accordance with prevailing
international monetary practice. Except as provided in paragraph
2, no State Party shall maintain or impose restrictions on the
holding, use or exchange by the Enterprise of these funds.
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— — Recueil Traités 1994
(h) Debt et a £££ b« 5. 12
1. Council.
1.
(a) time.
withs
efficiency; ii) disadvantages! JcJ «nay,
with,
it.
shall 554 United Nations Treaty Series • Nations Unies -Recueil des Trait~s (h) "Debt guarantee" means a promise of State Party to creditors
of the Enterprise to pay, po rata in accordance with the
appropriate scale, the financial obligations of the Enterprise
covered by the guarantee following notice by the creditors to the
State Party of a default by the Enterprise. Procedures for the
payment of those obligations shall be in conformity with the rules,
regulations and procedures of the Authority.
4. The funds, assets and expenses of the Enterprise shall be kept
separate from those of the Authority. This article shall not prevent the
Enterprise from making arrangements with the Authority regarding facilities,
personnel and services and arrangements for reimbursement of administrative
expenses paid by either on behalf of the other.
The records, books and accounts of the Enterprise, including its
annual financial statements, shall be audited annually by an independent
auditor appointed by the Council.
Article l2
Operations
2, 'The Enterprise shall propose to the Council projects for carrying
out activities in accordance with article 170. Such proposals shall include a
formal written plan of work for activities in the Area in accordance with
article 153, paragraph 3, and all such other information and data as may be
required from time to time for its appraisal by the Legal and Technical
Commission and approval by the Council,
2. Upon approval by the Council, the Enterprise shall execute the
project on the basis of the formal written plan of work referred to in
paragraph l.
3. a) If the Enterprise does not possess the goods and services
required for its operations it may procure them. For that purpose,
it shall issue invitations to tender and award contracts to bidders
offering the best combination of quality, price and delivery (b) If there is more than one bid offering such a combination, the
contract shall be awarded in accordance with
(i) the principle of non-discrimination on the basis of political
or other considerations not relevant to the carrying out of
operations with due diligence and efficiency and
(ii) guidelines approved by the Council with regard to the
preferences to be accorded to goods and services originating
in developing States, including the land-locked and
geographically disadvantaged among them.
(c) The Governing Board may adopt rules determining the special
circumstances in which the requirement of invitations to bid may,
in the best interests of the Enterprise, be dispensed with.
4. The Enterprise shall have title to all minerals and processed
substances produced by it
5. The Enterprise shall sell its products on a non-discriminatory
basis. It ahall not give non-commercial discounts.
Vol. 1833, I-31363
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6. Without prejudice to any general or special power conferred on the
Enterprise under any other provision of this Convention, the shall
exercise such powers incidental to its business as shall be n««ssis«.sy,,
affairs of any Partyi shall by the political
of tfa State commercial considerations shall ba ita ana these shall be weighed in orf«s cany specified 1 of this
A£tlcle_13
Legal. status.,, privil ges and immunities
1. T«on den aibmlmeu nitthie esE nstaetr prfiosret h toi n extehrisc isaer tiictlse fsuhnacltilo nbse, actcheo rsdteadt utso, th« Epnritencrippriles e thien Etnhte ertperrirsiet oarnide s Sotfat eSst aPtaerst iPeasrt imeays,. whTeor eg inveec eesfsfaercyt, t«on ttahri s into special agreements.
the Th@ shall have such capacity as is necessary for partiecxuelracri,a toh£e ciatpsa cfiutnyc*tions and the fulfilment of its purposes and, in
(a) tion celnutdeirn g inatgor eceomnetnrtasc twsi,t hj oSitnatt easr reanndg eimnetnetrsn aotri oontahle ro ragrarnainzgaetmieonntss},
(b) ptroo paecrqtuyi;re, lease, hold and dispose of immovable and movable
(c) to be a party to legal proceedings.
3. (a) Actions nay be brought against the Enterprise only in a court
owfh iccho mptehte eEnntt ejruprriissdeisction in the territory of a State Party in
(i) has an office or facility;
(ii) has appointed an agent for the purpose of accepting service or
notice of process;
(ill) has entered into a contract for goods or services?
Civ) has issued securities; or
(v) is otherwise engaged in commercial activity.
fb) The property and assets of the Enterprise, wherever located
ana by whomsoever held, shall be itmiune from all forms of seisur«,
attachment or execution before the delivery of final judgment 4. M lh« property assets of th@ Enterprise, wherever located
and by whomsoever held, shall be immune from requisition,
or any form of seizure by action.
31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s 555
6, on the
under any other provision of this Convention, the Enterprise hall
business shall be nee8y.
7. The Enterprise shall not interfere in the political affairs of any
State Party nor aha.ll it be influenced in its decisions by the political
character cf the Stata Party concerned. Only commercial considerations shall
be relevant to its decisions, and theae considerations shall be weighed
impartially An order to cry out the purposes @pacified in article l of this
Annex+
Article Legel status, privileges and , To enable the Enterprise to exercise its functions, the status,
privileges and immunities set forth in this article shall be accorded to the
Enterprise in the territories of States Parties. To give effect to this
principle the Enterprise and States Parties may, where necessary, enter into
special agreements.
2. 'The Enterprise shall have such legal capacity as is necessary for
the exercise or its functions and the fulfilment of its purposes and, in
particular, the capacity
(a) to enter into contracts, joint arrangements or other arrangements,
including agreements with States and international organisations
(b) to acquire, lease, hold and dispose of immovable property
3, may of competent jurisdiction in the territory of a State Party in
which the Enterprises
(i) has an office or facility»
(ii) has appointed an agent for the purpose of accepting notice of process
(iii) has entered into a contract for goods or services
(iv) has issued securities or
(v) is otherwise engaged in commercial activity,
(b} 'Enterprise, and by whomsoever held, shall be immune from all forms of seisure,
attachment or execution before the delivery final judgment
against the Enterprise.
(a) The and assets the and by whomsoever held, shall be immune from requisition,
confiscation, expropriation or any other form of seizure by
executive or legislative actions
Vol. 1833, 1-31363
556 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1994
b) rooratoria r gulations (d) favourable developing
(e) offices and taxation.
Bach ff«ct terms hall conferred 1 -Recueil Trait~s (b) The property and assets of the Enterprise, wherever located
and by whomsoever held, shall be free from discriminatory
restrictions, regulations, controls and moratoria of any nature.
(c) 'The Enterprise and its employees shall respect local laws and
regulations in any State or territory in which the Enterprise or
its employees may do business or otherwise act.
d) States Parties shall ensure that the Enterprise enjoys all
rights, privileges and immunities accorded by them to entities
conducting commercial activities in their territories. These
rights, privileges and immunities shall be accorded to the
Enterprise on no less favoarable a basis than that on which they
are accorded to entities engaged in similar commercial activities.
If special privileges are provided by States Parties for States or their commercial entities, the Enterprise shall enjoy
those privileges on a similarly preferential basis.
States Parties may provide special incentives, rights,
privileges and immunities to the Enterprise without the obligation
to provide such incentives, rights, privileges and immunities to
other commercial entities.
5. The Enterprise shall negotiate with the host countries in which its
offices and facilities are located for exemption from direct and indirect
taxation.
6. Each State Party shall take such action as is necessary for giving
effect in terms of its own law to the principles set forth in this Annex and
shall inform the Enterprise of the specific action which it has taken.
7. 'The Enterprise may waive any of the privileges and immunities
conferred under this article or in the special agreements referred to in
paragraph l to such extent and upon such conditions as it may determine.
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1994 United Nations — Treaty Series » Nations Unies — Recueil des Traités_______557
ANNEX V. CONCILIATION
SECTION 1. CONCILIATION PROCEDURE PURSUANT TO
SECTION 1 OF PART XV
1
submit partie* to the dispute.
Seccatary-General to nominate four conciliators, each of whom shall be a person enjoying the
highest conciliators nominated by a State Party in the list so constituted shall be
nominations as necessary. withdrawn follows*
g), {b) nqtification 1 c) b) 21 1 party e).
Vol. 1833, 1-31363
• Recueil Trait~s
ANNEX V. CONCILIATION
SBCTION 1. CONCILIATION PROCEDURE PURSUANT TO
SECTION 1 OF PART XV
Article l
Institution of proceedings
557
If the parties to a dispute have agreed, in accordance with article 284,
to submit it to conciliation under this section, any such party may institute
the proceedings by written notification addressed to the other party or
parties to the dispute.
Article 2
List of conciliators
A list of conciliators shall be drawn up and maintained by the
Secretary-General of the United Nations. Every State Party shall be entitled
to nominate four conciliators, each of whom shall be a person enjoying the
highest reputation for fairness, competence and integrity. The names of the
persons so nominated shall constitute the list. If at any time the
conciliators nominated by a State Party in the list so constituted shall be
fewer than four, that State Party shall be entitled to make further
nominations as necessary, 'The name of a conciliator shall remain on the list
until withdrawn by the State Party which made the nomination, provided that
such conciliator shall continue to serve on any conciliation commission to
which that conciliator has been appointed until the completion of the
proceedings before that commission.
Article 3
Constitution of conciliation commission
The conciliation commission shall, unless the parties otherwise agree,
be constituted as followst
(a) Subject to subparagraph (g), the conciliation commission shall
consist of five members.
(b) The party instituting the proceedings shall appoint two
conciliators to be chosen preferably from the list referred to in
article 2 of this Annex, one of whom may be its national, unless
the parties otherwise agree. Such appointments shall be included
in the notification referred to in article l of this Annex.
(c) The other party to the dispute shall appoint two conciliators
in the manner set forth in subparagraph (b) within 2l days of
receipt of the notification referred to in article l of this
Annex. If the appointments are not made within that period, the
party instituting the proceedings may, within one week of the
expiration of that period, either terminate the proceedings by
notification addressed to the other party or request the
Secretary-General of the United Nations to make the appointments in
accordance with subparagraph (e)%.
Vol. 1833, I-31363
558 — — Recueil Traités 1994
appointed, chairman. It that request e).
e) Within a under {c) or (d), the Secretary-General of the United Nations shall make
the necessary appointments from the list referred to in article 2
(f) Any vacancy shall be filled in the manner prescribed for tte
g) Two or more parties which determine by agreement that they are
two or more parties have separate interests or there is as to whether they are of the same interest, they
shall conciliators separately.
h) In disputes involving more than two parties having separate
interests, or where there is disagreement as to whether they are of
a) {£)
Procedure
Article 5
Amicable settlement
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1994
(d) Within 30 days after all four conciliators have been
appointed, they shall appoint a fifth conciliator chosen from the
list referred to in article 2 of this Annex, who shall be
chairman. If the appointment is not made within chat period,
either party may, within one week of the expiration of that period,
request the Secretary-General of the United Nations to make the
appointment in accordance with subparagraph (e).
(e) within 30 days of the receipt of a request -under subparagraph
(c) or (d), the Secretary-General of the United Nations shall make
the necessary appointments from the list referred to in article 2
of this Annex in consultation with the parties to the dispute.
(f) Any vacancy shall be filled in the manner prescribed for the
initial appointment.
(g) Two or more parties which determine by agreement that they are
in the same interest shall appoint two conciliators jointly. Where
two or more parties have separate interests or there is a
disagreement as to whether they are of the same interest, they
shall appoint conciliators separately.
(h) In disputes involving more than two parties having separate
interests, or where there is disagreement as to whether they are of
the same interest, the parties shall apply subparagraphs (a) to (f)
in so far as possible.
Article 4
Procedure
The conciliation commission shall, unless the parties otherwise agree,
determine its own procedure. The commission may, with the consent of the
parties to the dispute, invite any State Party to submit to it its views
orally or in writing. Decisions of the commission regarding procedural
matters, the report and recommendations shall be made by a majority vote of
its members.
Article 5
Amicable settlement
The commission may draw the attention of the parties to any measures
which might facilitate an amicable settlement of the dispute.
Article 6
Functions of the commission
The commission shall hear the parties, examine their claims and
objections, and make proposals to the parties with a view to reaching an
amicable settlement.
Vol. 1833, I-31363
1994 — » — Recueil Traités_______559
ArRteipcolret 7
Its rep1.o rtT hseh aclolm mriescsoirdo n ansyh aalgl rereempeonrtts wirtehaicnh ed1 2 amndo,n thfsa iolfi ngi tsa gcroenesmteintt,u tiiotn». conclusions on all questions of fact or law relevant to the matter in dispute
aamnidc saubclhe rseetctolmemmeenndta.t ionTsh e asr etphoer tc osmhmailsls iboen dmeapyo sdieteemd awpiptrho ptrhiea tSee crfoeet aarny -General of the Dnited Nations and shall immediately be transmitted by him to the
parties to the dispute.
the Article Termination
reachedT,h e wchoennc itlhiea ptiaornt iepsr ocheaevdei nagcsc eaprtee d toerr moinnea tpeda rwthye nh asa sreetjtelcetmeedn tt hhea s been
Sreeccroemtmaernyd-aGteinoenrsa ol fo ft het her eUpnoirtte db yN awtriiotntse,n onro twihfeinc aat ipoenr iaoddd roefs sethdr eteo' mtohne th» has
expired from the date of transmission of the report to the parties.
Fees Aarntdi celxep e9 nses
the disTphuet ef.ees and expenses of the commission shall be borne by the parties to
Article 10 '
Right of parties to modify procedure
dispute mTohed ipfayr taineys prtoov itshei odni sopfu tteh imsa Ayn nbeyx .agreement applicable solely to that
SECTION 2. COMPULSORY SUBMISSION TO CONCILIATION PROCEDURE
PURSUANT TO SECTION 3 OP PART XV
InstitutAirotni colfe pr1o1 ceedings
may be 1.s ubAmniyt tpeadr ttyo ctoon ca idliisaptuitoen wuhnidcehr, thiin s acscecotridoann,c e mwaiyt hi nPsatritt uXtVe, tsheec tion 3, proceedings by written notification addressed to the other party or parties to
the dispute.
2. Any party to the dispute, notified under paragraph 1, shall be
obliged to submit to such proceedings.
Failure to or to submit to conciliation
notificaThtei onfa oifl urien sotfi tua tpiaorn toyf o rp rpocaeretdiiensg st oo rt het od issupbumtiet ttoo sruecphl y ptroo ceedings shall not constitute a bar to the proceedings.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 559
Article 7
Report
1, The commission shall report within 12 months of its constitution.
Its report shall record any agreements reached and, failing agreement, its
conclusions on all questions of fact or law relevant to the matter in dispute
and such recommendations as the commission may deem appropriate for an
amicable settlement. The report shall be deposited with the Secretary-General
of the United Nations and shall immediately be transmitted by him to the
parties to the dispute.
2. The report of the commission, including its conclusions or
recommendations, shall not be binding upon the parties.
Article 8
Termination
The conciliation proceedings are terminated when a settlement has been
reached, when the parties have accepted or one party has rejected the
recommendations of the report by written notification addressed to the
Secretary-General of the United Nations, or when a period of three months has
expired from the date of transmission of the report to the parties.
Article 9
Fees and expenses
The fees and expenses of the commission shall be borne by parties dispute.
Article 10
Right of parties to modify procedure
The parties to the dispute may by agreement applicable solely to that
dispute modify any provision of this Annex.
SECT ION Article ll
Institution pf proceedings
l. Any party to a dispute which, in accordance with Part XV, section 3,
may be submitted to conciliation under this section, may institute the
proceedings by written notification addressed to the other party or the dispute.
2. Any party to the dispute, notified under paragraph 1, shall be
obliged to submit to such proceedings,
Article 12
Failure to reply pr to submit to conciliation
The failure of a party or parties to the dispute to reply to
notification of institution of proceedings or to submit to such proceedings
shall not constitute a bar to the proceedings,
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560 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1994
Comp tence
acting under this
section has Article 14
f sect ion nl
1 of tone» te section «
-Recueil Trait~s
Article 13
Competence
A disagreement as to whether a conciliation commission acting under this
section has competence shall be decided by the commission.
Article 14
plication pf section I
Articles 2 to 10 of section l this Annex apply subject to this
section%
Vol. 1833, I-31363
1994 — Treaty — Traités 561
lîTOlRlMTOîIM. TSÏBSJHM,
FOB THE LAW OF THE SEA
1. for the 8 a is hall thia
Statute.
She ana Hmnseatle Fa eral 3. elsmhere Tribunal by tSie
SECTION 1. ORSMra&TlOH m TRIBUNAL
The b« casppsed o£ o£ SI Independent
fro» foe ana
o£ recognised £ ttia s»«.
. tlte r«p£$0«ntatioft t.fe« pzi&eipal.
systeas geogra^iieal «lietributloii b«
*gttcle3
A perso1.n wNhoo ftowro «tehmeb eprusr poofse st hoe fT mreibmubnearls hmiapy ibn e tnhaet Tiroinablusn aolf cotuhel de *bsea » cSetfaatred.s d aosn ea inna wthiiocnha lh oef o «rodrien artihlayn oenxeer cSitsaetse schiavlill baen dd peoelmietdi ctaol brei g»h tnsa.tional of tit*
group a2.s esTthaerbel isshhaeldl b bye t nhoe Gfeewneerr alt hAasns etmhbreley moefm btehres Unfirtoemd e Naacthi ogneso.graphical
4
1. Baoh 2 of Annex. Vol. 1833, 1-31363
1994 United Nations Series • Nations Unies - Recueil des Trait~s
ANNEX VI. STATUTE OF THE INTERNATIONAL, TRIBUNAL
FOR Article l
General provisions
1, The International Tribunal for the Law of the Sea is constituted and
shall function in accordance with the provisions of this Convention and this
Statute,
2. The seat of the Tribunal shall be in the Free and Hanseatic City of
Hamburg in the Federal Republic of Germany.
3, The Tribunal may sit and exercise its functions elsewhere whenever
it considers this desirable.
4. A reference of a dispute to the zribunal shall be governed the
provisions of Parts XI and XV.
SECTION I. ORGANIZATION OF THE TRIBUNAL
Article 2
Composition
1. 'The Tribunal shall be composed of s body of 21 independent members,
elected fron among persons enjoying the highest reputation for fairness and
integrity and of recognized competence in the field of the law of the see.
2. In the Tribunal as a whole the representation of the principal legal
aystems of the world and equitable geographical distribution shall be assured.
Article 3
Membership
, No two members of the Tribunal may be nationals of the same State%
A person who for the purposes of membership in the Tribunal could be regarded
as a nattonal of sore than one State shall be deemed to be a national of the
one in vhiach he ordinarily exercises civil and political rights.
2. There shall be no fewer than three members from each geographical
group as established by the General Assembly of the United Nations.
Article Nominations and elections
l, iRach State Party may nominate not more than two persons having the
qualifications prescribed in article this Annex, The members of the
Tribunal shall be elected from the list of persons thus nominated.
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562 United Nations — Treaty Series » Nations Unies — Recueil des Traités_______1994
2. At united Dations notai not ions
'submit ficst 4. aieeting. Pasties ana Teem nay
elected; teems years.
2» sembers Sto«s «embers whish letter.
1. SQK
provision» vacancy, th«
whoa» t«e» Vol. 1833, 1-31363
562 • -Recueil Trait~s 1994
least three months before the date of the election, the
Secretary-General of the United Nations in the case of the first election and
the Registrar of the Tribunal in the case of subsequent elections shall
address a written invitation to the States Parties to submit their nominations
for members of the Tribunal within two months. He shall prepare a list in
alphabetical order of all the persons thus nominated, with an indication of
the States Parties which have nominated them, and shall submit it to the
States Parties before the seventh day of the last month before the date of
each election.
3. The first election shall be held within six months of the date of
entry into force of this Convention.
4, The members of the Tribunal shall be elected by secret ballot.
Elections shall be held at a meeting of the States Parties convened by the
Secretary-General of the United Nations in the case of the first election and
by a procedure agreed to by the States Parties in the case of subsequent
elections. Two thirds of the States Parties shall constitute a quorum at that
meeting The persons elected to the Tribunal shall be those nominees who
obtain the largest number of votes and a two-thirds majority of the States
Parties present and voting, provided that such majority includes a majority of
the States Parties.
Article 5
Term of office
1. The members of the Tribunal shall be elected for nine years and may
be re-elected provided, however, that of the members elected at the first
election, the terms of seven members shall expire at the end of three years
and the terns of seven more members shall expire at the end of six years,
2, The embers of the Tribunal whose terms are to expire at the end of
the above-mentioned initial periods of three and six years shall be chosen by
lot to be drawn by the Secretary-General of the United Nations immediately
after the first election.
3. The members of the Tribunal shall continue to discharge their duties
until their places have been filled. Though replaced, they shall finish any
proceedings which they may have begun before the date of their replacement.
4. In the case of the resignation of a member of the Tribunal, the
letter of resignation shall be addressed to the President of the Tribunal. The
place becomes vacant on the receipt of that letter,
Article 6
Vacancies
• Vacancies shall be filled by the same method as that laid down fo
the first election, subject to the following provisions the Registrar shall,
within one month of the occurrence of the vacancy+ proceed to issue the
invitations provided for in article 4 of this Annex, and the date of the
election shall be fixed by the President of the Tribunal after consultation
with the States Parties.
2. A member of the Tribunal elected to replace a member whose term of
office has not expired shall hold office for the remainder of his
predecessor's term.
Vol. 1833, I-31363
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Article 7
activities
1. interested in any of the operations of any enterprise concerned with tfo«
sea-b«a or
bed.
Ho advocate in
case.
the
of the other members of the Tribunal present.
a particular 1. of a»y
case in which he has taken part as agent, counsel or advocate Cos
international court oe
2. If, for some special reason, a member of the Tribunal considers ttat
of shall so
3. If the President considers that for some special reason en« o£ feh
members of the Tribunal should not sit in a particular case, he shall givs hiw
notice accordingly.
4. Any doubt on these points shall be resolved by decision of ta«
majority of the other members of the Tribunal present.
Ar_Ucle_g
Consequence b£ ceasing to fulfil conditions
Ift in the unanimous opinion of the other members of the Tribunal, a
member has the President of the
Tribunal *£ticle_and members the
Article_declagatignjby^ members
Brery neuter oC duties, make a
solemn powers
conscientiously.
1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 7
Incompatible activities
563
l. No member of the Tribunal may exercise any political or
administrative function, or associate actively with or be financially
interested in any of the operations of any enterprise concerned with the
exploration for or exploitation of the resources of the sea or the sea-bed or
other commercial use of the sea or the sea-bed,
2. No member of the Tribunal may act as agent, counsel or advocate in
any case,
3. Any doubt on these points shall be resolved by decision of the
majority of the other members of the Tribunal present.
Article 8
Conditions relating to participation of members
in aparticular case
l. No member of the Tribunal may participate in the decision of any
case in which he has previously taken part as agent, counsel or advocate for
one of the parties, or as a member of a national or interhational court or
tribunal, or in any other capacity.
If, for some special reason, a member of the Tribunal considers that
he should not take part in the decision a particular case, he shall o
inform the President of the Tribunal.
3, If the President considers that for some special reason one o? the
members of the Tribunal should not sit in a particular case, he shall give him
notice accordingly,
4. Any doubt on these points shall be resolved by decision of the
majority of the other members of the Tribunal present.
Article 9
ggngggence of @easing to fulfil required conditions
If, in the unanimous opinion of the other members of the Tribunal, a
member has ceased to fulfil the required conditions, the President of the
Tribunal shall declare the seat vacant.
Article 10
Privileges an immunities
The meters of the Tribunal, when engaged on the business of the
Tribunal, shall enjoy diplomatic privileges and immunities.
Article ll
Solemn @declaration bv_members
Every member of the Tribunal shall, before taking up his duties, make a
solemn declaration in open session that he will exercise his powers
impartially and conscientiously,
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564_______United — » — Recueil Traités_______1994
Pj^§igentj_Vlg(A^rPtircelBei.d e1n2t _and_aeg i s tr ar
1. Vfia Tribunal shall elect its president and Vice-President for three
yearsf they re-elected.
2. The Tribunal shall appoint its Registrar and may provide for the
OK Bach other officers as may be necessary.
3. The President and the Registrar shall reside at the seat of the
Tribunal.
Article.SSSE S
1. All available members of the Tribunal shall sit; a quorum of 11
elected aenbers shall be required to constitute the Tribunal.
2. Subject to article 17 of this Annex, the Tribunal shall determine
wohfi cah pmaermtibceurl»a ra red isapvuatiel,a bhlaev itnog cornesgtairtdu tteo tthhee eTfrfiebcutniavle fofru nctthei ocnoinngs iodfe rattheion
chambers as provided for in articles 14 ana 15 of this Annex.
3. and applications submitted to the Tribunal shall be
heard and determined the Tribunal, unless article 14 of this Annex applies,
o1r5 otfh e tphsitsz tAinenae xr.equest in accordance with article
ArtioleJLi
Sea-Bed Chamber
A Disputes Chamber shall be established in accordance with the
provisions of section 4 of this Annex. Its jurisdiction, powers and functions
shall be as XI, Article 15
Special chambers
its ele1.c tedTh mee mTbreirbsu,n ala s maiyt cfoonrsmi dseurcsh cnheacmebsesrasr,y cfoomr pdoesaeldi nogf wtihtrhe ep aorr timcourlea ro f categories of disputes.
2. The Tribunal shall form a chamber for dealing with a particular
dcihsapmbuetre ssuhbamlilt tbeed dteot eritm inief d tbhye ptahret iTersi bsunoa lre wquietsht .t heT haep pcroomvpaols iotfi otnh eo fp arstuicehs .a
3. With a view to the speedy dispatch of business, the Tribunal shall
form annually a chamber composed of five of its elected members which may hear
and determine disputes by summary procedure. Two alternative members shall, be
selected for the purpose of replacing members who are unable to participate in
a particular proceeding.
4. Disputes shall be heard and determined by the chambers provided for
in this article if the parties so request.
and in 5. a rtiAc ljeu dg14m eonft gtihviesn Abnyn eaxn ys hoafl l tbhee ccohnasmibdeerrs epdr oavsi dreedn defrore d inb y thtihse article
Tribunal.
564 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 12
President, ice-President gn Registrar
1994
l, he Tribunal shall elect its President vice years they may be reelected.
he ribunal shall Registrar appointment o such other officers as may be necessary.
3, The President and the Registrar Article 13
Quorum
1. All available members of the Tribunal sit l1
members shall be required to 2. Subject to article 17 of this Annex, ahall deteraine
which members are available to constitute the Tribunal for the consideration
of a particular dispute, having regard to the effective functioning of the
chambers as provided for articles l4 and I5 of this Annex.
3. All disputes and applications submitted to the Tribunal shall be
heard and determined by the Tribunal, unless article l4 of this Annex applies,
or the par&le request that it shall be dealt with in accordance with article
15 of this Annex.
Article 14
ea-Ped Disputes Chamber
A Sea-·ad Disputes Chamber shall be vith of aeceion 4 of this Annex. Its shall be ae provided for in Part XI, section 5.
Special l. 'The Tribunal may form such chambers, composed of three or more of
elected members, as it considers necessary for dealing with particular
2. dispute submitted to it if the parties so request. The composition of such chamber shall be determined by the Tribunal with the approval of the parties,
3, shall proceeding,
4. A judgment given by any of the chambers provided for in this article l4 of this Annex shall be considered as rendered by the
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Oie Cor 1. members a
15 parties, parties.
5. only.
11 colleagues.
R mun ration 1. Bach 2. Pr sident a 17 Vol. 1833, 1-31363
1994 United • -Recueil Trait~s
Article 16
Rules of the Tribunal
565
The Tribunal shall frame rules for carrying out its functions. In
particular it shall lay down rules of procedure.
Article 17
Nationality of members
l. Members of the Tribunal of the nationality of any of the parties to
a dispute shall retain their right to participate as membets of the Tribunal.
2. If the Tribunal, when hearing a dispute, includes upon the bench member of the nationality of one of the parties, any other party may choose a
person to participate as a member of the Tribunal.
3. If the Tribunal, when hearing a dispute, does not include upon the
bench a member of the nationality of the parties, each of those parties may
choose a person to participate as a member of the Tribunal.
4. This article applies to the chambers referred to in articles 14 and
l5 of this Annex. In such cases, the President, in consultation with the
parties, shall request specified members of the Tribunal forming the chamber,
as many as necessary, to give place to the members of the Tribunal of the
nationality of the parties concerned, and, failing such, or if they are unable
to be present, to the members specially chosen by the parties,
5, Should there be several parties in the same interest, they shall,
for the purpose of the preceding provisions, be considered as one party only,
Any doubt on this point shall be settled by the decision of the Tribunal.
6. Members chosen in accordance with paragraphs 2, 3 and 4 shall fulfil
the conditions required by articles 2, 8 and ll of this Annex. They shall
participate in the decision on terms of complete equality with their
colleagues,
Article 18
Remuneration of members
l. Each elected member of the Tribunal shall receive an annual
allowance and, for each day on which he exercises his functions, a special
allowance, provided that in any year the total sum payable to any member as
special allowance shall not exceed the amount of the annual allowance.
2, 'The President shall receive a special annual allowance.
3. The Vice-President shall receive special allowance for each day on
which he acts as President.
4. 'The members chosen under article l7 of this Annex, other than
elected members of the Tribunal, shall receive compensation for each day on
which they exercise their functions.
5. The salaries, allowances and compensation shall be determined from
time to time at meetings of the States Parties, taking into account the work
load of the Tribunal. They may not be decreased during the term of office.
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6. at States Parties, on the proposal of the Tribunal.
at Parties determine the conditions under which retirement pensions may be given to
members of the Tribunal and to the Registrar, and the conditions under which
and have refunded.
cpmpensation free all
taxation.
Expenses «1. terms a as States Parties.
to which Is contribute towards the expenses of the Tribunal."
SECTION 2. COMPETENCE
1. The Tribunal shall open to States Parties.
2. States case case submitted to accepted by all the parties to that case.
The jurisdiction of the Tribunal comprises all and all
matters specifically provided for in other agreement which confers
jurisdiction on the Tribunal.
Article 22
Reference of to other If all the parties to a treaty or convention in force and
concerning the subject-matter covered this Convention so agree, disputes concerning the interpretation or application of such or
convention may, in accordance with such agreement, submitted to the
Tribunal.
Article 23
law
The Tribunal shall decide all disputes and applications in accordance
with article 293.
566 United Nations Treaty Series • Nations Unies -des Trait~s 1994
The salary of the Registrar shall be determined at meetings of the
States Parties, on the proposal of the Tribunal.
7. Regulations adopted at meetings of the States Parties shall
determine the conditions under which retirement pensions may be given to
members of the Tribunal and to the Registrar, and the conditions under which
members of the Tribunal and Registrar shall have their travelling expenses
refunded.
8. The salaries, allowances, and compensation shall be free of all
taxation.
Article 19
of the Tribunal
''1, The expenses of the Tribunal shall be borne by the States Parties and by
the Authority on such terns and in such manner shall be decided at meetings of the
States Parties.
2. When an entity other than a State Party or the Authority is a party to a
case submitted it, the Tribunal shall fix the amount vhich that party is to
contribute towards the expenses of the Tribunal."
SECTION 2. COMPETENCE
Article 20
Access to the Tribunal
l, The Tribunal shall be open to States Parties.
2, The Tribunal shall be open to entities other than Btates Parties in
any case expressly provided for in Part XI or in any case submitted pursuant
to any other agreement conferring jurisdiction on the Tribunal which is
accepted by all the parties to that case.
Article 21
Jurisdiction
The jurisdiction of the Tribunal comprises all disputes and all
applications submitted to it in accordance with this Convention and all
matters specifically provided for in any other agreement which confers
jurisdiction on the Tribunal.
Article 22
Reference pf disputes subject to other agreements
If all the parties to a treaty or convention already in force and
concerning the subject-matter covered by this Convention so agree, any
disputes concerning the interpretation or application of such treaty or
convention may, in accordance with such agreement, be submitted to the
Tribunal.
Article 23
Applicable lay
The Tribunal shall decide all disputes and applications in accordance
with article 293.
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1994 United Nations — Treaty Series • Nations Unies — Recueil des Traités SECTION 3. PROCEDURE
1. as the case nay either
addressed case, th«s to 3. Registrar 1. measures.
members
4, 1. raake falls proceedings the law.
Vol. 1833, 1-31363
1994 Treaty Recueil Trait~s 567
SECTION 3. PROCEDURE
Article 24
Institution of proceedings
l. Disputes are submitted to the Tribunal, as the case may be, either
by notification of a special agreement or by written application, addressed to
the Registrar. In either the subject of the dispute and the parties
shall be indicated.
2. The 'Registrar shall forthwith notify the special agreement or the
application to all concerned.
3, The shall also notify all States Parties.
Article 25
Provisional measures
l, In accordance with article 290, the Tribunal and its Sea-Bed
Disputes Chamber shall have the power to prescribe provisional measures,
2. If the Tribunal is not in session or a sufficient number of members
is not available to constitute a quorum, the provisional measures shall be
prescribed by the chamber of summary procedure formed under article 15,
paragraph 3, of this Annex. Notwithstanding article 15, paragraph of this
Annex, such provisional measures may be adopted at the request of any party to
the dispute. They shall be subject to review and revision by the Tribunal.
Article 26
Hearing
l, The hearing shall be under the control of the President or, if he is
unable to preside, of the Vice-President. If neither is able to preside, the
senior judge present of the Tribunal shall preside.
2. The hearing shall be public, unless the Tribunal decides otherwise
or unless the parties demand that the public be not admitted.
Article 27
Conduct of case
The Tribunal shall make orders for the conduct of the case, decide the
form and time in which each party must conclude its arguments, and make all
arrangements connected with the taking of evidence.
Article 28
Default
When one of the parties does not appear before the Tribunal or fails to
defend its case, the other party may request the Tribunal to continue the
proceedings and make its decision. Absence of a party or failure of a party
to defend its case shall not constitute a bar to the proceedings. Before
making its decision, the Tribunal must satisfy itself not only that it has
jurisdiction over the dispute, but also that the claim is well founded in fact
and lav.
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568 — — Recueil Traités 1994
1. at Tribunal who are present.
the Tribunal who acts in his place shall have a casting vote,
Articlf_30
Judgment
1. The shall state the reasons on which it is based.
wh part in the decision.
3. If the judgment does not represent in whole or in pars, the tmanimotiS
opinion of the «ambers of the Tribunal, any member shall be entitled to
4. The judgment shall be signed by the President and the Registrar.
It shall be read in open court, due notice having been given the partis*. to
intervene
1. o£ a legal
may submit a
intervene.
request.
granted , so !
or 1. Parties forthwith.
21 this Annex the
th« agreement.
1 proceedings; giv«n
Jore^ot^ 1. The in «hall b fey
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United Nations Treaty Series • Nations Unies -Recueil des Trait~s
Article 29
Majority for decision
I
l. All questions shall be decided by a majority of the members of the
Tribunal who are present,
2. In the event of an equality of votes, the President or the member of
the Tribunal who acts in his place shall have a casting vote.
Article 30
Judgent
I, The judgment shall state the reasons on which it is based.
2. It shall contain the names of the members of the Tribunal who have
taken part in the decision,
If the judgment does not represent in whole or in part the unanimous
opinion of the mambers of the Tribunal, any member shall be entitled to
deliver a separate opinion.
4, The judgment shall be signed by the President and by the Registrar,
It shall be read in open court, due notice having been given to the parties.to
the dispute.
Article 31
Request to interveng
l. Should a State Party consider that it has an interest of a legal
nature which may be affected by the decision in any dispute, it may subait a
request to the Tribunal to be permitted to intervene,
2. It shall be for the Tribunal to decide upon this request,
3. If a request to intervene is granted, the decision of the Tribunal
in respect of the dispute shall be binding upon the intervening State Party in
far as it relates to matters in respect of which that State Party
intervened.
Article 32
Right to intervene in cases of interpretation pr application
l. Whenever the interpretation or application of this Convention is in
question, the Registrar shall notify all States Parties forthwith,
2. Whenever pursuant to article 2l or 22 of this Annex the
interpretation or application of an international agreement is in question,
the Registrar shall notify all the parties to the agreement,
3. Every party referred to in paragraphs l and 2 has the right to
intervene in the proceedings if it uses this right, the interpretation given
by the judgment will be equally binding upon it.
Article 33
Finality and binding force pf decisions
l, The decision of the Tribunal is final and shall be complied with by
all the parties to the dispute.
Vol. 1833, 1-31363
1994 — » — Recueil Traités_______569
2. hav« dispute.
oe a*eisi«wi,
party.
Article 34
Costs
costs.Unless otherwise decided by the Tribunal, each party shall bear its owsi
SECTION 4. SEA-BBD DISPUTES CHAMBER
CAormtpiocsliet i3o5n
shall 1b.e cTohmep oSseead- Boefd 1D1 insepaurteerss ,C hasmebleerc terde £beryr ae dM atjoo riin tayr otifc lteh e 14e loefc ttehdi ms eAmnbneerxs of the Tribunal from among them.
of the 2.p rinIcn iptahle lseeglaelc tsioyns toefm tohfe mtehmeb weorrs lodf anthde e Cqhuaimtbaebrl,e gtehoeg rraepphriecsaeln tation driesctormimbeuntdiaotni osnhsa ollf bae gaesnseurraeld .n atTuhree Arsesleamtbilnyg otfo tshuec hA .urtehporreisteyn t«aatyi oand aopntd distribution.
may be 3.s elTehcet emde mfbore rsa 'osfe ctohned Cthearmm.ber shall be selected every three years ar»«S
shall s4.e rvTeh ef oCrh atmhbee rt esrhma lflo r ewlehcitc h ittsh eP rCehsaimbdeern t hafsr obme aemno nsge leicttse dm.embers, who
5. If any proceedings are still pending at the end of any three-year
pperroicoeedd ifnorg sw hiinc hi tts hoe rCihgaimnbaelr cohmapso sbieteino ns.elected, the Chamber shall complète the
success6.o r Iffr oam vaamcoangn cyi tosc ceulresc teidn mtehmeb eCrhsa,m bewrh,o sthhael Tlr ihboulnda olf fsihcalel fsore letchte a remainder of his predecessor's term.
require7.d tAo cqounosrtuimt oufte setvhee nC hoafm btehre. members selected by the Tribunal shall be
Ad AHrotci cClhea m3b6e rs
of thr1e.e oTfh ei tSse mae-mBbeedr sD,i spfuotre'sd eCahlaimnbge rw itshh alal pafrotrimc aulna ra dd hioscp ucthea msbuebrm,i totoeadp otaoa ai t
in accordance with article 188, paragraph l(b). The composition of such «
ocfha mtbheer pasrhtailels .be determined by the Sea-Bed Disputes Chamber with the approval
2. If the parties do not agree on the composition of an ad hoc chamber,
ebaec ha pppaoritnyt edt ob yt het hdeims piunt ea grseheamleln ta.p poiInf t tohneey mdeimsbaegrr,e e,a nodr thief atnhiyr pd amretmyb efra islhsa ltlo mparkoem patnl ya mppaokien ttmheen ta,p potihen tPmreents iodre nta popfo intthme enStesa -Bferdo mD aimsopnugt esi tCsh ammebmeberr ss,h aalflt er consultation with the parties.
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s 569
The decision shall have no binding force except between the parties
in respect of that particular dispute,
3. In the event of dispute as to the meaning or scope of the decision,
the Tribunal shall construe it upon the request of any party,
Article 34
costs
Unless otherwise decided by the Tribunal, each party shall bear its ow
costs,
BEA-BED Article 35
Composition
l, The Sea-Bed Disputes Chamber referred to in article 14 of this Annex
shall be composed of ll embers, selected by a majority of the elected members
of the Tribunal from among them.
2. In the selection of the members of the Chamber, the representation
of the principal legal systems of the world and equitable geographical
distribution shall be assured. The Assembly of the Authority may adopt
recommendations of a general nature relating to such.representation and
distribution.
3. The members of the Chamber shall be selected every three years end
may be selected for a 'second term.
4. The Chamber shall eleat its President from among its members, vho
shall serve for the term for which the Chamber has been elected.
5. If any proceedings are still pending at the end of any three-year
period for which the Chamber has been selected, the Chamber shall complete the
proceedings in its original composition,
6, If a vacancy occurs in the Chamber, the Tribunal shall select a
successor from among its elected members, who shall hold office for the
remainder of his predecessors tern.
7. A quorum of seven of the members selected by the Tribunal shall be
required to constitute the Chamber
Article 36
Ad Hoc Chambers
1, The Sea--Bed Disputes Chamber shall form an s bot chamber, composed
of three of its members, for 'dealing with a particular dispute submitted to it
in accordance with article 188, paragraph 1(b). The composition of such a
chamber shall be determined by the Sea--Bed Disputes Chamber with the of the parties.
2. If the parties do not agree on the composition of an gd hoe chamber,
each party to the dispute shall appoint one member, and the th~ Ear hall
be appointed by them in agreement, If they disagree, or if any party fails to
make an appointment, the President of the Bea-Bed Disputes Chamber shall
promptly make the appointment or appointments from among its members, after
consultation with the parties,
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3. ad «ust national* parties Access
other tehntei Cthiaemsb erre fsehrareldl bteo oipne Pna rtto XtIh,e Ssteactteiso nP a5.rties, the Authority and th«
law
In addition to the provisions of article 293, the Chamber «hall applyt
(a) atchceo rrudlaensc,e wrietghu latthiiso nCso navnedn tpiroonc;e duraneds of the Authority adopted in
(b) rtehlea ttienng» t oof t choonster caocnttsr accotnsc.erning activities in the Area in natters
the StaTthees d ePcairstiioenss ionf thteh e sCahmaen bnearn nesrh aalsl bjeu degnmfeonrtcse aorb loer dien rst hoef t etrher ihtiogrhieesst o f court of the State Party in whose territory the enforcement is sought.
Annex
this s1e.c tiHoine aoptphleyr tsoe ctthieo Cnhsa mobfe rt.his Annex which are not incompatible with
Chamber2. «haXln l tbhee geuxiedrecdis eby o ft hei tps rofvuinscitoionnss o fr eltahtiisn gA nnteox a drveilastoirnyg o ption ipornosc,é dtuhree before the Tribunal to the extent to which it recognises £hea to be applicable*
SECTION AArmteincdlmee nt4s1
adopte1d. onAlmye nidnm aecnctso rdtaon ctehi wsi Atnhn eaxr,t ioctlhee r3 13t hoarn abmye cnodnmseentnss uts oa ste ca tcioonnf e4,r e«nacye be convened in accordance- with this Convention.
articl2e. 31A4.mendments to section 4 «ay be adopted only in accordance witn
conside3.r nTechees sTarriyb,u nbayl wmraiyt ptreonp eoosoeB usnuiccha taimoennsd metnot st het oS ttahtiess StPaatruttiees a sfo ri t tmhaeiyr consideration in conformity with paragraphs 1 and 2.
570 United • -Recueil Trait~s 1994
3, Members of the hoc chamber must not be in the service of, or
nationals of, any of the Banas to the dispute.
Article 37
cceeg
he Chamber shall be open to the Btates Parties, the Authority and the
other entities referred to in Part XI, section 5.
Article 38
Applicable lay
In addition to the provisions of article 293, the Chamber shall apply
(a) the rules, regulations and procedures of the Authority adopted in
accordance vith this Conventiony and
(b) the terms of contracts concerning activities in the Area in matters
relating to those contracts.
Article 39
Enforcement of decisions of the Chamber
he decisions of the Chamber shall be enforceable in the territories of
the States Parties in the same manner as judgments or orders of the highest
oourt of the State Party in whose territory the enforcement is sought.
Article 40
Applicability of other sections of this Anne
, The other sections of this Annex which are not incompatible with
this section apply to the Chamber,
2. In the exercise of its functions relating to advisory opinions, the
Chamber shall be guided by the provisions of this Annex relating to procedure
before the Tribunal to the extent to which it recognises them to be applicable%
SECT ION 5. AMENDMENTS
Article 41
Amendments
l. Amendments to this Annex, other than amendments to section 4, may be
adopted only in accordance with article 313 or by consensus at a conference
convened in accordance with this Convention,
2. Aendments to section 4 nay be adopted only in accordance with
article 314.
3, 7he Tribunal may propose such amendments to this Statute as it say
consider necessary, by written communications to the States Parties for their
consideration in conformity vith paragraphs l and 2,
Vol. 1833, I-31363
1994 — — Traités &HHEX ARBITRATION
ArticleL 1
Institution of Subject to the provisions of Part any party to a dispute my submit
the dispute to the arbitral procedure provided for in this Annex by written
notification addressed to the other party or parties to the dispute. Th*
notification shall be accompanied by a statement of the claim the ground*
on which it is based.
Article 2
Li_8t i of arbitrators
1. list of arbitrators shall be drawn up and maintained by th*
aer«tery-Geiaeral of the United H tions. Every State Party shall entitled
feo nonlnate four arbitrators, each of whom shall be a person experienced in
Murltim affairs and enjoying the highest reputation for fairness, coapet*nm
and integrity. The names of the persons so nominated shall constitute the
list.
2. It at any time the arbitrators nominated by a State Party in the
list so constituted shall fewer than four, that State Party shall b«
entitled to make further nominations as necessary.
3. The name of an arbitrator shall remain on the list until withdrawn
the Party which the nomination, provided that arbitrator
tall continue to serve on any arbitral tribunal to which that arbitrator has
appointed until the completion of the proceedings before that arbitral
tribunal.
Article 3
Constitution of arbitral tribunal
for the purpose of proceedings under this the arbitral tribunal
ball, unless the parties otherwise agree, be constituted as followsi
Subject to subparagraph (g), the arbitral tribunal shall
consist of five members.
(b) The party instituting the proceedings shall appoint on* member
to be chosen preferably from the list referred to in article of
this Annex, who may be its national. The appointment shall included in the notification referred to in article 1 of this Annex.
(c) The other party to the dispute shall, within 3O days of
receipt of the notification referred to in article 1 of this Annex,
appoint one member to be chosen preferably from the list, who My
be its national, if the appointment is not made within that
period, the party instituting the proceedings may, within two weeks
of the expiration of that period, request that the appointment be
made in accordance with subparagraph «).
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ANNEX VII. ARBITRATION
Article l
Institution pt proceedings
571
Subject to the provisions of Part XV, any party to a dispute may submit
the dispute to the arbitral procedure provided for in this Annex by written
notification addressed to the other party or parties to the dispute, The
notification shall be accompanied by a statement of the claim and the grounds
on which it is based.
Article List of arbitrators
• A list of arbitrators ahall be drawn up and maintained by the
Secretary-General of the United Nations. Every State Party shall be entitled
to nominate four arbitrators, each of whom shall be a person experienced in
maritime affairs and enjoying the highest reputation for fairness, competence
and integrity. 'The names of the persons so nominated shall constitute the
list.
2, If at any time the arbitrators nominated by a State Party in the
list so constituted shall be fewer than four, that State Party shall be
entitled to make further nominations as necessary
3, The name of an arbitrator shall remain on the list until vithdrawn
by the State Party which made the nomination, provided that such arbitrator
hall continue to serve on any arbitral tribunal to which that arbitrator has
been appointed until the completion of the proceedings before that arbitral
tribunal.
Article 3
Constitution of arbitral tribunal
or the purpose of proceedings under this Annex, the arbitral tribunal
shall, unless the parties otherwise agree, be constituted as follows
(a) Subject to subparagraph (g), the arbitral tribunal shall
consist of five members.
(b) The party instituting the proceedings shall appoint one member
to be chosen preferably from the list referred to in article 2 of
this Annex, who may be its national. The appointment shall be
included in the notification referred to in article l of this Annex.
(c) The other party to the dispute shall, within 30 days of
receipt of the notification referred to in article l of this Anne,
appoint one member to be chosen preferably from the list, who may
be its national. If the appointment is not made within that
period, the party instituting the proceedings may, within two weeks
the expiration of that period, request that the appointment be
made in accordance with subparagraph (e)%
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572 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1994
The other three members shall be appointed by agreement
list
and shall be nationals of third States unless the parties otherwise
agree. The parties to the dispute shall appoint the President of
members. within
days 1 appointed by agreement, or on the appointment of the President, the
with subparagraph (e), at the request of a party to the dispute.
b« subparagraphs (c) and (d) be made by a person or a third State
shall be made by the next senior member of the International
Tribunal for the Law of the Sea who is available and is not a
parties. members
(f) g) parties
tribunal. tubparagraphs a) f) maximum possible.
4
An -Recueil Trait~s (d) The other three members shall be appointed by agreement
between the parties. They shall be chosen preferably from the list
and shall be nationals of third States unless the parties otherwise
agree. The parties to the dispute shall appoint the President of
the arbitral tribunal from among those three members, If, within
60 ays of receipt of the notification referred to in article l of
this Annex, the parties are unable to reach agreement on the
appointment of one or more of the members of the tribunal to be
appointed by agreement, or on the appointment of the President, the
remaining appointment or appointments shall be made in accordance
with subparagraph (e), at the request of a party to the dispute.
Such request shall be made within two weeks of the expiration of
the aforementioned 6O-day period.
(e) Unless the parties agree that any appointment under
subparagraphs (c) and (d) be made by a person or a third State
chosen by the parties, the President of the International Tribunal
for the Law of the Sea shall make the necessary appointments. If
the President is unable to act under this subparagraph or is a
national of one of the parties to the dispute, the appointment
shall be made by the next senior member of the International
Tribunal for the Law of the Sea who is available and is not a
national of one of the parties. The appointments referred to in
this subparagraph shall be made from the list referred to in
article 2 of this Annex within a period of 30 days of the receipt
of the request and in consultation with the parties, The members
so appointed shall be of different nationalities and may not be in
the service of, ordinarily resident in the territory of, or
nationals of, any of the parties to the dispute.
f) Any vacancy shall be filled in the manner prescribed for the
initial appointment.
(g) Parties in the same interest shall appoint one member of the
tribunal jointly by agreement. Where there are several parties
having separate interests or where there is disagreement as to
whether they are of the same interest, each of them shall appoint
one member of the tribunal, The number of members of the tribunal
appointed separately by the parties shall always be smaller by one
than the number of members of the tribunal to be appointed jointly
by the parties.
(h) In disputes involving more than two parties, the provisions of
ubparagraphs (a) to (f) shall apply to the maximum extent possible.
Article Functions of arbitral tribunal
arbitral tribunal constituted under article 3 of this Annex shall
function in accordance with this Annex and the other provisions of this
Convention.
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1994_______United Nations — Treaty Series » Nations Unies — Recueil des Traités_______573
Unless the parties to the dispute otherwise agree, the arbitral tribunal
hall determine its own procedure, assuring to each party a full opportunity
heard and to present Article 6
of The parties to the dispute shall facilitate the work of the arbitral
»
(a) provide it with all relevant documents, facilities and
information; necessary1 Unless the arbitral tribunal decides otherwise because of the particular
remuneration of its members, shall borne by the parties to the dispute in
members. The constitute a quality and 'its itself claim is Award
matter hall Vol. 1833, 1-31363
1994 United • Recueil Trait~s
Article 5
Procedure
573
Unless the parties to the dispute otherwise agree, the arbitral tribunal
shall determine its own procedure, assuring to each party a full opportunity
to be heard and to present its case.
Article 6
Duties pf parties to a dispute
The parties to the dispute shall facilitate the work of the arbitral
tribunal and, in particular, in accordance with their law and using all means
at their disposal, shall
(a) provide it with all relevant documents, facilities and
informations and
(b) enable it when necessary to call witnesses or experts and receive
their evidence and to visit the localities to which the case
relates.
Article 7
Expenses
Unless the arbitral tribunal decides otherwise because of the particular
circumstances of the case, the expenses of the tribunal, including the
remuneration of its members, shall be borne by the parties to the dispute in
equal shares.
Article 8
Required majority for decisions
Decisions of the arbitral tribunal shall be taken by a majority vote of
its members, he absence or abstention of less than half of the members shall
not constitute a bar to the tribunal reaching a decision. In the event of an
equality of votes, the President shall have a casting vote.
Article 9
Default of appearance
If one of the parties to the dispute'does not appear before the arbitral
tribunal or fails to defend its case, the other party may request the tribunal
to continue the proceedings to make its award. Absence of a party or
failure of a party to defend its case shall not constitute a bar to the
proceedings. Before making its award, the arbitral tribunal must satisfy
itself not only that it has jurisdiction over the dispute but also that the
claim is well founded in fact and law.
Article 10
ward
The award of the arbitral tribunal shall be confined to the
subject-natter of the dispute and state the reasons on which it is based. It
hall contain the names of the members who have participated and the date of
the award. Any member of the tribunal may attach a separate or dissenting
opinion to the award.
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574_______United — » — Recueil Traités_______1994
finality the
dispute have agreed in advance to an appellate procedure. It shall be
Article 12
award
1. to entities other than States Parties
ttie provisions of this Annex shall apply mutatis mutandis to any dispute
Vol. 1833, 1-31363
574 United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article 11
Finality of award
1994
The award shall be final and without appeal, unless the parties to the
dispute have agreed in advance to an appellate procedure, It shall be
complied with by the parties to the dispute.
Article 12
Interpretation or implementation of sward
l. Any controversy which may arise between the parties to the dispute
as regards the interpretation or manner of implementation of the award may be
submitted by either party for decision to the arbitral tribunal which made the
award. For this purpose, any vacancy in the tribunal shall be filled in the
manner provided for in the original appointments of the members of the
tribunal.
2. Any such controversy may be submitted to another court or tribunal
under article 287 by agreement of all the parties to the dispute.
Article 13
Application to entities other than States Parties
The provisions of this Annex shall apply mutatis mutandis to any dispute
involving entities other than States Parties.
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1994 United Nations — Treaty Series • Nations Unies — Recueil des Traités_______575
ANNEX VIII. SPECIAL ARBITRATION
1
Institution of Subject to Pact XV, any party to a dispute concerning the interpretation
or application of the articles of this Convention relating to (1) fisheries,
(2) protection and preservation of the marine environment, (3) marine
scientific research, or (4) navigation, including pollution from vessels and
dumping, may submit the dispute to the special arbitral procedure provided
for in this Annex by written notification addressed to the other party or
parties to the dispute. The notification shall be accompanied by a statement
of the claim and the grounds on which it is based.
Article 2
Lists of 1. A list of experts shall be established and maintained in respect of
each of the fields of (1) fisheries, (2) protection and preservation of the
marine environment, (3) marine scientific research, and (4) navigation,
including pollution from vessels and by dumping.
2. The lists of shall be drawn up and maintained, in the field
of fisheries by the Food and Agriculture Organization of the United Nations,
the
United Nations Environment Programme, in the field of marine scientific
Oc anographie navigation, including pollution from vessels and by dumping, by the
commission
field whose competence in the legal, scientific or technical aspects of such
field is established and generally recognized and who enjoy the highest
reputation for fairness and integrity. The names of the persons so nominated
in each field shall constitute the appropriate list.
special
Article 3
the special arbitral
unless,the followst
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1994 Recueil Trait~s
ANNEX VIII. SPECIAL ARBITRATION
Article l
Institution of proceedings
575
Subject to Part XV, any party to a dispute concerning the interpretation
or application the articles of this Convention relating to (l) fisheries,
(2) protection and preservation of the marine environment, (3) marine
scientific research, or (4) navigation, including pollution from vessels and
by dumping, may submit the dispute to the special arbitral procedure provided
for in this Annex by written notification addressed to the other party or
parties to the dispute. The notification shall be accompanied by a statement
of the claim and the grounds on which it is based.
Article 2
Lists of experts
l. A list of experts shall be established and maintained in respect of
each of the fields of (l) fisheries, (2) protection and preservation of the
marine environment, (3) marine scientific research, and (4) navigation,
including pollution from vessels and by dumping.
2. The lists of experts shall be drawn up and maintained, in the field
of fisheries by the Food and Agriculture Organization of the United Nations,
in the field of protection and preservation of the marine environment by the
United Nations Environment Programme, in the field of marine scientific
research by the Inter-Governmental Oceanographic Commission, in the field of
navigation, including pollution from vessels and by dumping, by the
International Maritime Organization, or in each case by the appropriate
subsidiary body concerned to which such organization, programme or commission
has delegated this function.
3. Every State Party shall be entitled to nominate two experts in each
field whose competence in the legal, scientific or technical aspects of such
field is established and generally recognized and who enjoy the highest
reputation for fairness and integrity, The names of the persons so nominated
in each field shall constitute the appropriate list.
4. If at any time the experts nominated by a State Party in the list so
constituted shall be fewer than two, that State Party shall be entitled to
make further nominations as necessary.
5. The name of an expert shall remain on the list until withdrawn by
the State Party which made the nomination, provided that such expert shall
continue to serve on any special arbitral tribunal to which that expert has
been appointed until the completion of the proceedings before that special
arbitral tribunal.
Article 3
Constitution of special arbitral tribunal
For the purpose of proceedings under this Annex, the special arbitral
tribunal shall, unless the parties otherwise agree, be constituted as follow
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576_______United — » — Recueil Traités_______1994
a) Subject to subparagraph (g), the special arbitral tribunal
(b) The .party instituting the proceedings shall two
referred national. (c) The other party to the dispute shall, within 30 days of
1 appoint two members to be chosen preferably from the appropriate
be its national. If the appointments are not made within that
period, the party instituting the proceedings may, within two weeks
made in accordance with subparagraph (e).
(d) The parties to the dispute shall by agreement appoint the
the appropriate list, who shall be a national of a third State,
unless the parties otherwise agree. If, within 30 days of receipt
are unable to reach agreement on the appointment of the
subparagraph (e), at the request of a party to the dispute. Such
shall be made within two weeks of the expiration of the
30-(e) Unless the parties agree that the appointment be made by a
person or a fchird State chosen by the parties, the
appointments within 30 of receipt of a request under
subparagraphs (c) and (d). The appointments referred to in this
the parties to the dispute and the appropriate international
in the territory of, or nationals of, any of the parties to the
(f) Any g) h) a) f) Vol. 1833, 1-31363
576 United Nations Treaty Series • Nations Unies -Recueil des Trait~s
(a) Subject to subparagraph g), the special arbitral tribunal
shall consist of five members.
1994
(b) The party instituting the proceedings shall appoint two
members to be chosen preferably from the appropriate list or lists
referred to in article 2 of this Annex relating to the matters in
dispute, one of whom may be its national, The appointments shall
be included in the notification referred to in article 1 of this
Annex.
(c) The other party to the dispute shall, within 30 days of
receipt of the notification referred to in article l of this Annex,
appoint two members to be chosen preferably from the appropriate
list or lists relating to the matters in dispute, one of whom may
be its national. If the appointments are not made within that
period, the party instituting the proceedings may, within two weeks
of the expiration of that period, request that the appointments be
made in accordance with subparagraph (e).
(d) The parties to the dispute shall by agreement appoint the
President of the special arbitral tribunal, chosen preferably from
the appropriate list, who shall be a national of a third State,
unless the parties otherwise agree. If, within 30 days of receipt
of the notification referred to in article 1 of this Annex, the
parties are unable to reach agreement on the appointment of the
President, the appointment shall be made in accordance with
subparagraph (e), at the request of a party to the dispute. Such
request shall be made within two weeks of the expiration of the
aforementioned 30--day period.
(e) Unless the parties agree that the appointment be made by a
person or a third State chosen by the parties, the
Secretary-General of the United Nations shall make the necessary
appointments within 30 days receipt of a request under
subparagraphs (c) and (d). The appointments referred to in this
subparagraph shall be made from the appropriate list or lists of
experts referred to in article 2 of this Annex and in consultation
with the parties to the dispute and the appropriate international
organization. The members so appointed shall be of different
nationalities and may not be in the service of, ordinarily resident
in the territory of, or nationals of, any of the parties to the
dispute.
f) vacancy shall be filled in the manner prescribed for the
initial appointment.
(g) Parties in the same interest shall appoint two members of the
tribunal jointly by agreement. Where there are several parties
having separate interests or where there is disagreement as to
whether they are of the same interest, each of them shall appoint
one member of the tribunal.
(h) In disputes involving more than two parties, the provisions of
subparagraphs (a) to (f) shall apply to the maximum extent possible.
Vol. 1833, I-31363
1994 — Treaty — Recueil Traités provisions
Annex VII, arbitration proceeadritnigcsl eisn a4 cctoor d1a3,n caep wpilyt ha utthaitsi Aan nmeuxt.andis to the spécial
5
Fact finding
applica1.t iofnf l»oe fp atrhtei pesr ovtios ai odniss pouft et hciosn Ccoenrvneinntgi otnh er eilnatteirnpgr ettaot i(o1)n ofri sheries» s(c2)i epnrtoitfeicct ireosne aarncdh ,p roers er(v4)a tniaovni goaft itohne, mairnicnleu deinnvgi rpoonlmleuntti,o n (f3)r on»a rvienses els and
by dumping, B«y at any tine agree to request a special arbitral tribunal
caonnds teisttuabtleids hi n tahcec ofradcatnsc gei wviitnhg arritsiec lteo 3t hoef d itshpiust eA.nnex to carry out an inquiry
specia2l. arubniltersasl tthrei bpuanratli aecs toitnhge riwni saec caogrrdeaen,c et whiet hfi pnadrianggsr aopfh 1f,a cst hoafll tbhee considered as conclusive as between the parties.
tribuna3.l maIyf aflolr mutlhae tpe arrteiceosm mteond atthei odniss wphuitceh ,s ow irtehquoeustt ,h avtihneg sptheec iaflo racer boiftr aa l dqeuceisstiioonn,s gsihvailnlg onrilsye c otnos ttihteu dties ptuhtee .basis for a review by the parties of the
accorda4.n ceS wuibtjehc tt het op praorvaigsriaopnhs o2,f tthhei s sApnenceixa,l uanrlbeistsr alt het rpiabrutniaels sohtahlelr waicts e in agree.
United Nations Series • Nations Unies -Recueil des Trait~s
Article 4
General visions
577
articles 4 to 13, apply mutatis mutandis special
proceedings in accordance with this Annex.
Article act fining
l. The parties to a dispute concerning the interpretation or
application of the provisions of this Convention relating to (l) fisheries,
(2) protection and preservation of the marine environment, 3) marine
scientific research, or (4) navigation, including pollution from vessels may time constituted in accordance with article 3 of this Annex to carry out an inquiry
and establish the facts giving rise to the dispute.
2. Unless the parties otherwise agree, the findings of fact of the
special arbitral tribunal acting in accordance vith paragraph l, shall be
considered as conclusive as between the parties.
3, If all the parties to the dispute so request, the special arbitral
tribunal may formulate recommendations which, without having the force of a
decision, shall only constitute the basis for a review by the of the
questions giving rise to the dispute.
4. Subject to paragraph 2, the special arbitral tribunal shall act in
accordance with the provisions of this Annex, unless the parties otherwise
Vol. 1833, I-31363
United Nations — Treaty Series • Nations Unies — Recueil des Traités 1994
ANNEX IX. PARTICIPATION BY INTERNATIONAL ORGANIZATIONS
For the purposes of article 305 and of this Annex, "international
organization" by
An its member States are signatories of this Convention. At the time of
make a and accession
1. 2. S 4
1. states Annex.
been transferred 578 -Recueil Trait~s ANNEX IX. PARTICIPATION BY INTERNATIONAL ORGANIZATIONS
Article 1
Use of terms
For the purposes of article 305 and of this Annex, international
organization means an intergovernmental organization constituted by States to
which its member States have transferred competence over matters governed this Convention, including the competence to enter into treaties in respect of
those matters.
Article 2
Signature
international organization may sign this Convention if a majority of
its member States are signatories of this Convention. At the time of
signature an international organization shall declaration specifying
the matters governed by this Convention in respect of which competence has
been transferred to that organization by its member States which are
signatories, and the nature and extent of that competence.
Article 3
Formal confirmation and accession
l. An international organization may deposit its instrument of formal
confirmation or of accession if a majority of its member States deposit or
have deposited their instruments of ratification or accession.
'The instruments deposited by the international organization shall
contain the undertakings and declarations required by articles 4 and 5 of this
Annex.
Article Extent of participation and rights and obligations
l. The instrument of formal confirmation or of accession of an
international organization shall contain an undertaking to accept the rights
and obligations of States under this Convention in respect of matters relating
to which competence has been transferred to it by its member States which are
Parties to this Convention.
2. An international organization shall be a Party to this Convention to
the extent that it has competence in accordance with the declarations,
communications of information or notifications referred to in article 5 of
this Annex,
3. Such an international organization shall exercise the rights and
perform the obligations which its member States which are Parties would
otherwise have under this Convention, on matters relating to which competence
has becn transferrod to it by those member States. The member States of that
international organization shall not exercise competence which they have
transferred to it.
Vol. 1833, I-31363
1994_______United — » — Recueil Traités_______579
4. Participation of such an international organization shall in np case
entail an increase of the representation to which its member States which are
States Parties would otherwise be entitled, including rights in
decision-Msak ing.
5. Participation of such an international organization shall in no case
confer under this Convention on member States of the organization
which ar« Contention.
6. In the event of a conflict between the obligations of an
international organisation under this Convention and its obligations under the
agreenene establishing the organization or any acts relating to it, the
obligations under this Convention shall prevail.
Article 5
notifications and communications
1. The instrument of formal confirmation or of accession of international organization shall contain a declaration specifying the matters
this Convention in respect of which competence has been
transferred to the organization by its member States which are Parties to this
Convention.
2. A member State of an international organization shall, at the time
it ratifies or accedes to this Convention or at the time when the organisation
deposits its instrument of formal confirmation or of accession, whichever is
latern make a declaration specifying the matters governed by this Convention
in respect of which it has transferred competence to the organization.
3. States Parties which are member States of an international
organization which is a Party to this Convention shall be presumed to have
competence over all matters governed by this Convention in respect of which
transfers declared, notified or communicated by those States under this article.
4. "She international organization and its member States which are
States Parties shall promptly notify the depositary of this Convention of any
changes to the distribution of competence, including new transfers of
competence, specified in the declarations under paragraphs 1 ana 2.
5. Any State Party may request an international organization and its
member States which are States Parties to provide information as to which, as
between any specific question which has arisen. The organization and the member
States within international organization and the member States may also,, on their own
initiative, provide this information.
.information this article shall specify the nature and extent of the competence transferred.
Vol. 1833, 1-31363
1994 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 579
d, Participation of such an international organization shall in np case
entail an increase of the representation to which its member States which are
8tates Parties would otherwise be entitled, including rights in
decision-akin9.
5, Participation of such an international organization shall in no case
confer any rights under this Convention on member States of the organization
which are not States Parties to this Convention,
6. the event of a conflict between the obligations of an
international organization under this Convention and its obligations under the
agreement establishing the organization or any acts relating to ie, the
obligations under this Convention shall prevail.
Article 5
Declarations, notifications and communications
l, The instrument of formal confirmation or of accession of an
international organization shall contain a declaration specifying the matters
governed by this Convention in respect of which competence has been
transferred to the organization by its member States which are Parties to this
Convention,
2. A member State of an international organization shall, at the time
it ratifies or accedes to this Convention or at the time when the organization
deposits its instrument of formal confirmation or of accession, whichever is
later make a declaration specifying the matters governed by this Convention
in respect of which it has transferred competence to the organization.
3. States Parties which are member States an international
organization which is a Party to this Convention shall be presumed to have
competence over all matters governed by this Convention in respect of which
transfers of competence to the organization have not been specifically
declared, notified or communicated by those States under this article.
4. 'The international organization and its member States which are
States Parties shall promptly notify the depositary of this Convention of any
changes to the distribution of competence, including new transfers of
competence, specified in the declarations under paragraphs l and 2.
5, Any State Party may request an international organization and its
member States which are States Parties to provide information as to which, as
between the organization and its member States, has competence in respect of
any specific question which has arisen. The organization and the member
States concerned shall provide this information within a reasonable time. The
international organization and the member States may also, on their own
initiative, provide this information.
6. Declarations, notifications and communications of information under
this article shall specify the nature and extent of the competence transferred.
Vol. 1833, 1-31363
580 — Treaty — Traités_______1994
Article 6
Responsibility and 1. Parties which have competence under article 5 of this Annex shall
have responsibility for failure to comply with obligations or for any other
violation of this Convention.
2. Any State Party may request an international organization or its
member States which are States Parties for information as to who has
responsibility in respect of any specific matter. The organization and the
member States concerned shall provide this information. Failure to provide
this information within a reasonable time or the provision of contradictory
information shall result in joint and several liability.
Article 7
Settlement of 1. At the time of deposit of its instrument of formal confirmation or
of accession, or at any time thereafter, an international organization shall
free to choose, by means of a written declaration, one or more of the means
for the settlement of disputes concerning the interpretation or application of
this Convention, referred to in article 287, paragraph l(a), (c) or 2. Part XV applies mutatis mutandis to any dispute Parties to
this Convention, one or more of which are international organizations.
3. When an international organization and one or more of its member
States are joint parties to a dispute, or parties in the same interest, the
organization shall be deemed to have accepted the same procedures for the
settlement of disputes as the member States» when, however, a member State has
chosen the
organization and the member State concerned shall be to have accepted
arbitration in accordance with Annex VII, unless the parties to the dispute
otherwise agree.
Article 8
of Part XVII
Part XVII applies mutatis mutandis to an international organization,
xcept following:
the instrument of formal confirmation or of accession of an
international organization shall not be taken into account in the
application of article 308, paragraph 1»
i) an international organization shall have exclusive capacity
with respect to the application of articles 312 to 315, to th«
extent that it has competence under article 5 of this Annex
over the entire subject-matter of the amendment)
(ii) the instrument of international organfiozramatli ocno ntfoi ramna taimoennd moern to,f atchcee sesnitoinr eo f an
csoumbpjéectte-nmcaet tuenrd eor vearr twihcilceh 5 tohfe tihnitse rAnnanteixo,n als hoarlgl abnei zactoinosni dhearse d to be the instrument of ratification or accession of 'each of
th« member States which are States Parties, for the purposes
of applying article 316, paragraphs 1, 2 and 3}
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United Nations Treaty Series • Nations Unies Recueil des Trait~s
Article 6
Responsibility_ and liability
1994
l. Parties which have competence under article 5 of this Annex shall
have responsibility for failure to comply with obligations or for any other
violation of this Convention,
2. Any State Party may request an international organization or its
member States which are States Parties for information as to who has
responsibility in respect of any specific matter. The organization and the
member States concerned shall provide this information. Failure to provide
this information within a reasonable time or the provision of contradictory
information shall result in joint and several liability,
Article 7
Settlement of disputes
l, At the time of deposit of its instrument of formal confirmation or
of accession, or at any time thereafter, an international organization shall
be free to choose, by means of a written declaration, one or more of the moans
for the settlement of disputes concerning the interpretation or application of
this Convention, referred to in article 287, paragraph l(a), (c) or (d).
2. Part XV applies mutatis mutandis to any dispute between Parties to
this Convention, one or more of which are international organizations.
3. When an international organization and one or more of its mamber
States are joint parties to a dispute, or parties in the same interest, the
organization shall be deemed to have accepted the same procedures for the
settlement of disputes as the member States when, however, a member State has
chosen only the International Court of Justice under article 287, the
organization and the member State concerned shall be deemed to have accepted
arbitration in accordance with Annex VII, unless the parties to the dispute
otherwise agree,
Article 8
Applicability of Part xvII
Part XVII applies mutatig mutandis to an international organization,
except in respect of the following;
(a) the instrument of formal confirmation or of accession of an
international organization shall not be taken into account in the
application of article 308, paragraph l
(b) ( i)
(ii)
Vol, 1833, 1-31363
an international organization shall have exclusive capacity
with respect to the application of articles 312 to 315, to the
extent that it has competence under article 5 of this Annex
over the entire subject-matter of the amendment
the instrument formal confirmation or of accession of an
international organization to an amendment, the entire
subject-natter over which the international organization has
competence under article 5 of this Annex, shall be considered
to be the instrument of ratification or accession of each of
the member States which are States Parties, for the purposes
of applying article 316, paragraphs l, 2 and 3
1994 — — Recueil Traités 581
(ill) the instrument of formal confirmation or of accession of the
tihnet earpnpaltiicoanatli ono rogfa niazrattiicolne 3s1h6a,l lp anroatg rbaep htsa ke1 na nidn t2o, awcictohu nt in regard to all other amendments;
(e) (i) an international organization may not denounce this Convention
ai nS taactceo rdPaanrctey waindt h iaf rtiitc lceo nt3i17n ueisf atnoy foufl fiilt s tmheem bqeura liSftaitceast ioins s specified in article 1 of this Annex}
(ii) wahne ni nntoenren aotfi oniatls moermgbaenri zaSttiaotne s shias lla Sdteantoeu ncPea rttyh iosr Coinf vetnhte ion
international organization no longer fulfils the
qdueanluinfciicaattiioonn ss haslple citfaikee de fifne catr tiicmlmee di1a toefl yt.his Annex. Such
Vol. 1833, 1-31363
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 4ii)
(e) (i)
(4i)
the instrument of formal confirmation or of accession of the
international organization shall not be taken into account in
the application of article 316, paragraphs l and 2, with
regard to all other amendments;
an international organization may not denounce this Convention
in accordance with article 317 if any of its member States is
a State Party and if it continues to fulfil the qualifications
specified in article l of this Annex;
an international organization shall denounce this Convention
when none of its member States is a State Party or if the
international organization no longer fulfils the
qualifications specified in article l of this Annex. Such
denunciation shall take effect immediately.
Vol. 1833, I-31363
Treaties and internationala greements
or and with the Secretariat Treaties and international agreements
on November 1994
Page
procs-verbaux 3 1986 ................................... (The signature pages of the Convention, declarations relating to the Convention,
the authentic Arabic, Chinese, English, French, Russian and Spanish
texts of the final act, the signature pages of the final act, declarations relating
to the final act and the proc~s-verbaux of rectification relating to the final act
are published in this volume. The authentic of the Convention are published in volume The authentic French, Russian
and Spanish texts of the Convention are published in volume 1834.)
Treaties and international agreements
registered or filed and recorded
with the Secretariat of the United Nations
VOLUME 1835 1994
TABLE OF CONTENTS
I
I. No. 31363 (continued)
Treaties and international agreements
registered on 16 November 1994
Page
No. 31363. Multilateral (continued):
United Nations Convention on the Law of the Sea (with annexes, final act and
proc~s-verbaux of rectification of the final act dated March and 26 July
1993). Concluded at Montego Bay on 10 December 1982 3
(The signature pages of the Convention, declarations relating to the Convention,
the authentic Arabic, Chinese, English, French, Russian and Spanish
texts of the final act, the signature pages of the final act, declarations relating
to the final act and the proc~s-verbaux of rectification relating to the final act
are published in this volume. The authentic Arabic, Chinese and English texts
of the Convention are published in volume 1833. The authentic French, Russian
and Spanish texts of the Convention are published in volume 1834.)
1994 United Nations - Treaty Series * Nations Unies - Recueil des Trait6s 261
1. United XXV)l the Declaration of Principles Governing the
Bed beyond the Limits of National
2750 C (XXV)2 on the same wherein it decided to
of the Sea, which deal with the
establishment of an equitable international r4gime - including machinery - for the area bed subsoil thereof, beyond the limits of national jurisdiction, definition of that area concerning the rdgimes of the high seas, the continental shelf, the territorial (including the question of its breadth and the question of international straits)
and contiguous zone, fishing and conservation of the living resources of the high
seas (including the question of the preferential rights of coastal States), preservation of the marine environment (including, inter pollution) and scientific research.
2. Prior to the adoption of these resolutions, the General Assembly had considered
the item introduced in 1967 on the initiative of the Malta"' subsequently adopted the following resolutions on the question of the reservation
exclusively for peaceful purposes of the sea-bed and subsoil thereof, underlying the high seas beyond the limits of present national
jurisdiction, and the use of their resources in the interests of mankind:
18 1967,1
Resolution 21 XXIV) 15 1969.5
3. The General Assembly, by XXII), Ad Hoc
Committee to Study the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond
the Limits of National Jurisdiction end, having considered its report, (2)
established by resolution 2467 A (XXIII) the Committee on the Peaceful Uses of
the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction. The
General Assembly, by resolution 2750 C (XXV), enlarged that it to prepare draft treaty articles and a comprehensive list of item and matters
for the Conference on the Law of the Sea. The Committee as thus constituted held
six sessions, and a number of additional meetings, between 1971 1973 Nations Headquarters in New York and at the Office of the United Nations Geneva. Having considered its report," ) the General Assembly requested the
(1)U nited Nations General Assembly Official Records, Twenty-second Session,
6695.
(2) Ibid., Twenty -third Session, Annexes, agenda item 26, document A/7230.
(3) Ibid., Twenty-fourth Session, Supplement Nos. 22 end 22A (A/7622
and Corr.l and A/7622/Add.l).
' United Nations, p. 2 Ibid., p. 25.
3 Ibid., Session, (A/6716), p. 14.
4 Ibid., Twenty-third Session, Supplement (A/7218), p. 15.
5 Ibid, Twenty-fourth Session, Supplement (A/7630), 10.
Vol. 1835, 1-31363
• Trait~s
FINAL ACT OF THE THIRD UNITED NATIONS CONFERENCE
ON THE LAW OF THE SEA
INTRODUCT ION
l. The General Assembly of the united Nations on 17 December 1970 adopted
resolution 2749 (Xx)3 containing the Declaration of Principles Governing the
Sea-Bed and the Ocean Floor, and the Subsoil Thereof, beyond the Limits of National
Jurisdiction and resolution 2750 C (XXV) on the same date, wherein it decided to
convene, in 1973, a Conference on the Law of the Sea, which would deal with the
r~gime an international
and the resources of the sea-bed and ocean floor, and the
with a precise
and with a broad range of related issues including those
r~gimes sea
including including the
alia, the prevention of
pollution) and scientific research.
2. Prior Government of Malta( and had
the ocean floor, and the
Resolution 2340 (XXII) on December 1967,3
2467 (XXIII) on 2l December 1968,' and
Resolution 2574 (XXI) on l5 December 1969.°
resolution 2340 (xx1I), established an hdoc
and, report, «»
XXIII) Bed Jurisdiction, Xx), Committee and requested
items 197l and at United
in
Geneva. Having considered its report,« Assembly « United Assebly_Official Records, Twenty-second session,
Annexes, agenda item 92, document A/6695,
«» 1bi., Twenty-third session, Annexes, agenda item 26, document A/7230,
«» Ibid., Twenty-fourth session, Supplement ad A/and Corr.I and A/7622/Ad.1).
1 Official Records of the General Assembly, Twenty-fifth Session, Supplement No. 28 (A/8028),
24.
2 p. 3 Twenty-second Supplement No. 16 6716), Ibid., No. 18 I5.
• 1bid., No. 30 p.
262 Series 9 - Recueil General of Member
Law of the Sea.
4. Subsequent to the of resolutions 2749 (XXV) and 2750 (XXV) , Committee(4)
Resolution (XXVI) 21 December 1971,1
XXVII) 1972,2and
3067 (XXVIII) on 16 November 1973. 3
Secretary-
General General technical and scientific matters. The specialized agencies, the
governmental General Conference( 5) The Secretary-General was
6. By to XXV) 3 of the
to 29 August 1974 to by (1 Ibid., Twenty-sixth Session, Supplement No. 21 (A/8421); ibid.,
Session, Supplement 21 8721 l); ibid.,
Twenth-eighth Supplement 21 9021 l-3), (5) In addition it may be noted that the Conference by I Nations, Official 2 Ibid., Twenty-seventh Session, Supplement No. 30 (A/8730), p. 21.
3 Ibid., Twenty-eighth Session, Supplement No. 30 (A/9030), p. 13.
Vol 18351, -31363
United Nations - Treaty Scries • Nations Unies Recneil des Trait~s
11999944
Secretary-General by resolution 2574 A (XXIV) to ascertain the views of Member
States on the desirability of convening, at an early date, a Conference on the
Law of the Sea.
4. Subsequent to the adoption of resolutions 2749 (Xx) and 2750 (XX), the
General Assembly, having considered the relevant reports of the Committee«
adopted the following resolutions on the same question:
Resolution 2881 (xXI) on 2l December 1971,
Resolution 3029 (XXII) on 18 December 1972, and
Resolution 1973.°
5. By resolution 3029 A (XXVII) the General Assembly requested the SecretaryGeneral
to convene the first and second sessions of the Third United Nations
Conference on the Law of the Sea. The Secretary-General was authorized, in
consultation with the Chairman of the Committee, to make such arrangements as might
be necessary for the efficient organization and administration of the Conference
and the Committee, and to provide the assistance that might be required in legal,
economic, technical and scientific matters. The specialized agencies, the
International Atomic Energy Agency and other inter-governmental organizations were
invited to co-operate fully with the Secretary-General in the preparations for the
Conference and to send observers to the Conference.ts The Secretary-General was
requested, subject to approval by the Conference, to invite interested
non-governmental organizations having consultative status with the Economic and
Social Council to send observers to the Conference.
resolution 3067 (XXVIII) the General Assembly decided that the mandate of
the Conference was the adoption of a Convention dealing with all matters relating
to the Law of the Sea, taking into account the subject matter listed in paragraph 2
of General Assembly resolution 2750 C (XX) and the list of subjects and issues
relating to the Law of the Sea formally approved by the Committee, and bearing in
mind that the problems of ocean space were closely interrelated and needed to be
considered as a whole. By the same resolution, the General Assembly also decided
to convene the first session of the Conference in New York from to
14 December 1973 for the purpose of dealing with organizational matters, including
the election of officers, the adoption of the agenda and rules of procedure of the
Conference, the establishment of subsidiary organs and the allocation of work to
these organs, and any other purpose within its mandate. The second session was to
be held in Caracas, at the invitation of the Government of Venezuela, from 20 June
to deal with the substantive work of the Conference and, if
necessary, any subsequent session, or sessions, were to be convened as might be
decided upon the Conference and approved by the Assembly.
Ii., sixth session, Supplement • (/8421% ibi.,
Twenty-seventh session, No. 2l (A/872l and Corr.l); and bid.,
eight Session, No. 2I (A/902l and Corr.1-3), vols. I-VI.
Gs» was attended and assisted
observers from the United Nations Programmes and Conferences.
' United Offical Records of the General Assembly, Twenty-sixth Session, Supplement No. 29 (A/8429),
p. 38.
Ibid., Twenty-seventh Session, Supplement No. 30 (A/8730), p. 21,
3 /bid., Session. 9030), Vol 1835, 1-31363
1994 United Nations - * s I. In accordance with that decision and subsequently either on the recommendation
of the Conference as approved by the General Assembly, or in accordance with
decisions of the Conferences, the sessions of the Third United Nations Conference
on the Law of the Sea were held as follows-
- First session held at United Nations Headquarters in New York,
3 to 15 December 1973;
- Second session held at Parque Central, Caracas, 20 June to 29 August 1974;
- Third session held at the Office of the United Nations in Geneva, 17 March
to 9 May 1975; (6)
15 7 May 1976; (7
)
at Nations August 17 September 1976; (')
- Sixth session held at United Nations Headquarters in New York, to
15 July 1977;(')
- Seventh session held at the Office of the United Nations Geneva,
28 March to (10)
- Resumed seventh session held at United Nations Headquarters in York,
21 August 15 1978;()
(6) Assembly (XXIX) of 17 December 1974.1
(7) Assembly 3483 (XXX) of 12 December 1975.2
(8) Decision taken at the 69th meeting of the plenary Conference on
ay of the Sea, vol. V, A/CONF.62/SR.69).
(9) 31/63 of 10 December 1976. 3
(10) General Assembly resolution 32/194 of 20 December 1977. 4
(11) Decision taken at the 106th meeting of the plenary an 19 May 1978 (see
United Law CONF.62/SR.I the ninth 963 1),
2 Ibid., Thirtieth Session, Supplement No. 34 (A/10034), p. 9.
3 Ibid., Tlurrvfirst Session, 3 1/4 Ibid., Thrt v-1835. 31363
1994 United Nations - Treaty Series • Nations Unies - Recueil des Trait~s
I. SESSIONS
263
7. In accordance with that decision and subsequently either on the recommendation
of the Conference as approved by the General Assembly, or in accordance with
decisions of the Conferences, the sessions of the Third United Nations Conference
on the Law of the Sea were held as follows:
First session held at United Nations Headquarters in New York,
3 to 15 December 1973;
Second session held at Parque Central, Caracas, 20 June to 29 August 1974;
- Third session held at the Office of the United Nations in Geneva, 17 March
to 9 May 197$,06
- Fourth session held at United Nations Headquarters in New York, I5 March to
7 May 1976;°
- Fifth session held at United Nations Headquarters in New York, 2 August to
17 September 1976;(
Sixth session held at United Nations Headquarters in New York, 23 May to
15 July 1977;0
Seventh session held at the Office of the United Nations in Geneva,
28 March to 19 May 1978; 09
Resumed seventh session held at United Nations Headquarters in New York,
2l August to 15 September 1978;0
«6 General resolution 3334 0£ c General resolution 3483 l2 1975.
«s Decision Conferenoe 7 May 1976 (see Official Records of the Third United Nations Conference on the Law
of the Sea, vol. V, A/CONF.62/SR.69).
«» General Assembly resolution 63 1976.3
«o» resolution 194 1977.4
an see
Official Records of the Third united Nations Conference on the of the Sea,
vol. IX, A/CONF.62/SR.106).
' United Nations, Official Records of the General Assembly, Twenty-ninth Session, Supplement No. 31 (A/9631),
p. 10.
Ibd.. Thurneth Supplement 10034), 9.
1bd., Tlurty-first Session. Supplement No. 39 (A/31/39), p. 23.
•Ibd., Thrty-second Session, Supplement No. 45 (A/32/45), p. 42.
Vol. 1835, 1-31363
United Nations - Series * Nations - Recuei Traitis held at Geneva, 19 to April 1979;(12)
- 19 July to 1979;1
3 )
held at United New 4 1980;(")
- Resumed ninth at the Office United 28 29 August 1980; (15)
Nations York, 9 1981;(16)
ffice 1981;(17)
8 to 1982;(18)
New 1982.( 19)
(12) General Assembly resolution 33/17 of 10 November 1978.1
(13) Decision 115th meting 27 1979 Law the vol. X1, A/CONF.62/SR.1IS).
(14) Assembly resolution 34/20 of 9 November 1979. 2
(15) (16) General Assembly resolution 35/116 of 10 December 1980, 3and decision
147th 1981
(A/CONF.62/SR.147).
(17) General Assembly resolution 35/452 of 11 May 1981. 4
(18) General Assembly resolution 36/79 of 9 December 1981.1
(19) Decision taken at the 182nd meeting of the plenary Conference on
(A/CONF.62/I United (A/33/45),
p. 14.
2 Ibid, Thirty-fourth Session, Supplement No. 46 (A/34/46), p. 14.
3 Ibid, Thirty-fifth Session, 4 (A/35/48), p. 19.
Ibid, p. 282.
5 Ibid, Thirty-sixth Session, Supplement No. 51 (A/36/5 1), p. 23.
Vol. 18351, -31363
264 Uuited Nations -- Treaty Series • Nations Unies Recueil des Trait~s
- Eighth session held at the Office of the United Nations in Gereva, I9 March
to 27 April 1979;02
Resumed eighth session held at United Nations Headquarters in New York,
19 July to 24 August 1979;03
- Ninth session held at United Nations Headquarters in York, 3 March to
4 April 1980;09
Re sued ninth session held at the Office of the united Nations in Geneva,
28 July to 09
- Tenth session, held at United Nations Headquarters in New York, March
to 24 April 198109
- Resumed tenth session held at the Office of the United Nations in Geneva,
3 to 28 August 1981;07
- Eleventh session held at United Nations Headquarters in New York, March
to 30 April 19820
- Resumed eleventh session held at United Nations Headquarters in York,
22 to 24 September 1982.09»
1994
a2» Assembly resolution 33/17 of 10 November 1978.
«» pecision taken at the ll5th meeting of the plenary on April (see
Official Records of the Third United Nations Conference on the of ha Sea,
vol. XI, A/CNF.62/SR.115).
o General November 1979,
as Ibid.
6 116 December 1980,'and taken at the l47th meeting of the plenary Conference on 20 April 198l
VCONF. 62/l47).
a7 General Assembly resolutian 35/452 ll My 198.
e» 79 1981.°
» Conference on
30 April 1982 (/C0NF.62/SR.182).
'United Nations, Official Records of the General Assembly, Thirty-third Session, Supplement No. 45 2 ]bid., fourth (A/34/46), p. 14.
3 1bid., Supplement No. 48 4 Ibid., p. 282.
' Ibid., 5I 51), 1835, 1-31 363
United Nations - Treaty Series e Nations Unies - Recueil des Traitis
II. PARTICIPATION IN THE CONFERENCE
Having regard to the desirability of achieving universality of participation
in the Conference, the General Assembly decided resolution (XXVIII) to
request the General invite or
members of the specialized agencies or the International Atomic Energy Agency and
States parties to the Statute of the International Court of Justice, as well as the
following States, to participate in the Conference: the Republic of Guinea-Bissau
and the Democratic Republic of Viet Nam.
Participating at the sessions of the Conference the delegations of:
Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia,
Austria, Bahamas, Bahrain, Barbados, Belgium, Benin, Bhutan, Bolivia,
Botswana, Brazil, Bulgaria, Burma, Burundi, Byelorussian Soviet Socialist Republic,
Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros,
Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic
People's Republic of Korea, Democratic Yemen, Denmark, Djibouti, Dominica, Dominican
Republic, Ecuador, Egypt, Salvador, Equatorial Guinea, Ethiopia, Finland,
France, Gabon, Gambia, German Democratic Republic, Germany, Federal Republic of,
Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Haiti, Holy Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy,
Ivory Coast, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic
Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein,
Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania,
Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Nauru, Nepal, Netherlands,
New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New
Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, of Korea,
Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino,
Tome and Principe, Sierra Leone, Solomon islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname,
Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian Soviet Socialist Republic,
Union of Soviet Socialist Republics, United Arab Emirates, United Kingdom of Great
United Yemen, Yugoslavia, Zaire, Zambia and Zimbabwe.(10
9. The Secretary-General was also requested by resolution 3067 (XXVIII) to invite
governmental United Nations Council for Namibia, the Conference as observers.
governmental as
in the On Conference, by resolution 3334 adopted Secretary-General (20) The list of States participating at each session is recorded in the
appropriate 1835. 31363
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 265
II. PARTICIPATION IN THE CONFERENCE
8. Having regard to the desirability of achieving universality of participation
in the Conference, the General Assembly decided by resolution 3067 (XXVIII) to
request the Secretary-General to invite States Members of the United Nations or
members of the specialized agencies or the International Atomic Energy Agency and
States parties to the Statute of the International Court of Justice, as well as the
following States, to participate in the Conference: the Republic of Guinea-Bissau
and the Democratic Republic of Viet Nam.
Participating at the sessions of the Conference were the delegations of:
Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia,
Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bhutan, Bolivia,
Botswana, Brazil, Bulgaria, Burma, Burundi, Byelorussian Soviet Socialist Republic,
Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros,
Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic
People's Republic of Korea, Democratic Yemen, Denmark, Djibouti, Dominica, Dominican
Republic, Ecuador, Eypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Finland,
France, Gabon, Gambia, German Democratic Republic, Germany, Federal Republic of,
Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See,
Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy,
Ivory Coast, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic
Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein,
Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania,
Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Nauru, Nepal, Netherlands,
New Zealand, Nicaragua, Niger, Nigeria, Norway, Can, Pakistan, Panama, Papua New
Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea,
Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino,
Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore,
oiomon islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname,
Swaziland, Sweden, Switzerland, Syrian Arab Republic, Thailand, Togo, Tonga,
Trinidad and Tobago, Tunisia, Turkey, Danda, Ukrainian Soviet Socialist Republic,
Union of Soviet Socialist Republics, United Arab Emirates, United Kingdom of Great
Britain and Northern Ireland, united Republic of Cameroon, United Republic of
Tanzania, United States of America, Upper Volta, Uruguay, Venezuela, Viet Nam,
Yemen, Yugoslavia, Zaire, Zambia and Zimbabwe,«o
9. The Secretary-General was also requested by resolution 3067 (XXVIII) ta invite
interested inter-governmental and non-governmental organizations, as well as the
United Nations Council for Namibia, to participate in the Conference as observers,
The specialized agencies and inter-governmental organizations participating as
observers at the several sessions of the Conference are listed in the appendix
hereto.
10. the recommendation of the Conference, by resolution 3334 (XXIX), on
17 December 1974, the General Assembly requested the secretary-General tc invite
co» appropriate report of the Credentials Committee.
Vol. 1835, 1-31363
266 United Nations - Treaty Series * Nations Unies - Recueil des Trait~s 1994
Papua New Guinea, the Cook Islands, the Netherlands Antilles, Niue, Suriname, the
West Indies Associated States and the Trust Territory of the Pacific Islands to
attend future sessions of the Conference as observers or, if any of them became
independent to attend as a participating State.
The States and Territories participating as observers at the several sessions
of the Conference are also listed in the appendix hereto.
11. The Conference decided on 11 July 1974 to extend invitations to national
liberation movements, recognized by the organization of African Unity and the
League of Arab States in their respective regions, to participate in its
proceedings as observers. (21 )
The national liberation movements participating as observers at the several
sessions of the Conference are also listed in the appendix hereto.
12. Consequent upon General Assembly resolution 34/92,' the Conference decided on
6 March 1980(22) that Namibia, represented by the United Nations Council for
Namibia, should participate in the Conference in accordance with the relevant
decisions of the General Assembly.
III. OFFICERS AND COMMITTEES
13. The Conference elected Hamilton Shirley Amerasinghe (Sri Lanka) as its
President. Subsequently, at its seventh session, the Conference confirmed
that he was, and continued to be the President of the Conference although
he was no longer a member of his national delegation. (23)
On the death of
Hamilton Shirley Amerasinghe on 4 December 1980, the Conference paid tribute
to his memory at a special commemorative meeting on 17 March 1981 at its tenth
session (A/CDNF62/SR.44).(
24)
(21) Decision taken at the 38th meeting of the plenary Conference on
11 July 1974, Official Records of the Third United Nations Conference on the Law of
the Sea, vol. I, A/CONF.62/SR.38.
(22) Ibid., vol. XIII, A/CONF.62/SR.122.
(23) 86th closed meeting of the plenary Conference held on 5 April 1978, in
adopting resolution A/CONF.62/R.l proposed by Nepal on behalf of the Asian Groupibid.,
vol. IX, footnote on page 3.
(24) The General Assembly of the United Nations paid tribute to the memory of
Ambassador Hamilton Shirley Amerasinghe, President of the Conference since its
inception, and prior to that, Chairman of the Committee on the Peaceful Uses of the
Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction (A/35/PV.82).
The General Assembly thereafter established a memorial fellowship in his name
(resolution 35/116, paragraphs 1 and 2 of 10 December 1980 and resolution 36/79,
third preambular paragraph and paragraph 6, of 9 December 1981). See also A/36/697.
I United Nations, Official Records of the General Assembly, Thirty-fourth Session, Supplement No. 46 (A/34/46),
p. 22.
Vol. 18351. -31363
266 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
Papua New Guinea, the Cook Islands, the Netherlands Antilles, Niue, Suriname, the
West Indies Associated States and the Trust Territory of the Pacific Islands to
attend future sessions of the Conference as observers or, if any of them became
independent to attend as a participating State.
The States and Territories participating as observers at the several sessions
of the Conference are also listed in the appendix hereto,
ll. The Conference decided on ll July 1974 to extend invitations to national
liberation movements, recognized by the Organization of African Unity and the
League of Arab States in their respective regions, to participate in its
proceedings as observers,«1
The national liberation movements participating as observers at the several
sessions of the Conference are also listed in the appendix hereto,
12. Consequent upon General Assembly resolution 34/92, the Conference decided on
6 March 1980«22 that Namibia, represented by the United Nations Council for
Namibia, should participate in the Conference in accordance with the relevant
decisions of the General Assembly.
III. OFFICERS AND COMMITTEES
l3. The Conference elected Hamilton Shirley Amerasinghe (Sri Lanka) as its
President. Subsequently, at its seventh session, the Conference confirmed
that he was, and continued to be the President of the Conference al though
he was no longer a member of his national delegation,«3 On the death of
Hamilton Shirley Amerasinghe on 4 December 1980, the Conference paid tribute
to his memory at a special commemorative meeting on 17 March 198l at its tenth
session (A/CNF.62/SR.144).020
an Decision taken at the 38th meeting of the plenary Conference on
ll July 1974, Official Records of the Third United Nations Conference on the Law of
the Sea, vol. I, VCONF.62/SR.38.
c2» Ibid., vol. XIII, A/CNF.62/SR.122.
23» 86th closed meeting of the plenary Conference held on 5 April 1978, in
adopting resolution A/CNF.62/R.l proposed by Nepal on behalf of the Asian Group
ibid., vol. IX, footnote on page 3.
co The General Assembly of the United Nations paid tribute to the memory of
Ambassador Hamilton Shirley Amerasinghe, President of the Conference since its
inception, and prior to that, Chairman of the Committee on the Peaceful Uses of the
Sea -Bed and the Ocean Floar beyond the Limits of National Jurisdiction (A/35/PV.82).
The General Assembly thereafter established a memorial fellowship in his name
(resolution 35/116, paragraphs l and 2 of 10 December 1980 and resolution 36/79,
third preambular paragraph and paragraph 6, of 9 December 1981). See also A/36/697.
1 United Nations, Official Records of the General Assembly, Thirty-fourth Session, Supplement No. 46 (A/34/46),
p.22.
Vol. 1835. 1-31363
United Nations - Treaty Series * Nations Unies - Recueil des Traitks 267
14. General of the United temporary elected (President on 13 1981.(25)
15. that Rapporteurs Committees, Chairman the Drafting General of
Conference would be capacity Vice-Vice-Chairmen Committees Committee be elected by country. (26)
16. following Algeria; the Republic* Egypt, France- Iceland- Kuwait- Norway; Poland; Tunisia; Socialist Kingdom of and Ireland, America,
Zaabia.
The Committees by Committee- the three Committees* the Committee Committee. of to 3DNF.29.
The General Committee consisted of the President of the Conference as its
end General. to
of the General Committee without the right to vote. (27)
The Conference Engo Chairmen Republic Rappor teur
sessionb H. Mott Australia)
John Bailey Australia)
Eleventh session (25) A/CONF. 62/SR.143.
(26) Ibid. , vol. I, A/CONF.62/SR. 2.
(27) Decision taken at the 3rd meeting of the plenary Conference on
10 see Conference on
the the p. 9).
1994 United Nations - Treaty Series • Nations Unies Recueil des Trait~s I4. The Secretary-General of the United Nations opened the tenth session as
temporary President. The Conference elected Tommy T. B. Koh (Singapore) as
President on 13 March 1981,029
15. The Conference decided that the Chairmen and Rapporteurs of the three Main
Committees, the Chairman of the Drafting Committee, and the Rapporteur-General of
the Conference would be elected in a personal capacity and that the
Vice-Presidents, the Vice-Chairmen of the Main Committees and the members of the
Drafting Committee should be elected by country,«6
l6. The Conference elected as Vice-Presidents, the representatives of the
following States: Algeria; Belgium, replaced by Ireland during alternate sessions
(by agreement of the regional group concerned); Bolivia; Chile; China; Dominican
Re public; Egypt; France; Iceland; Indonesia; Iran; Iraq; Kuwait; Liberia;
Madagascar; Nepal; Nigeria; Norway; Pakistan; Peru; Poland» Singapore, replaced by
Sri Lanka at the tenth session (by agreement of the regional group concerned);
Trinidad and Tobago; Tunisia; Uganda; Union of Soviet socialist Republics; United
Kingdom of Great Britain and Northern Ireland; United States of America;
Yugoslavia; Zaire and Zambia.
17. The following Committees were set up the Conference: the General
Committee; the three Main Committees; the Drafting Comittee and the Credentials
Committee, The assignment of subjects the plenary and each of the Main
Committees was set out in section III of document A/CNF.62/29.
Chairman, the Vice-Presidents, the officers of the Main Committees, and the
Rapporteur-General. The Chairman of the Drafting Committee had the right participate in the meeting the the right to vote, «7
The Conference elected the following officers for the three Main Committees
which were constituted by all States represented at the Conference:
First Committee
Chairman
Vice-Chairmen
Rapporteur
First and second sessions
Third to tenth sessions
Eleventh session
Paul Bamela Ego (United Republic of Cameroon)
The representatives of Brazil, the German
Democratic Rapublic and Japan
C. (Australia)
John Bailey (Australia)
Keith Brennan (Australia)
«5 CONF.62/«o Ibi., vol. I, A/CNF.62/SR.2.
«27 0 December 1973 (see Official Records of the Third United Nations Law of Sea, vol. I, Vol 1835, 1-31363
268 - * Recueil Second Cha ir man
Vice-Chairmen
Rappor teur
Committee
Chairman
Vice-Chairmen
Committee:
Drafting me ber s
Andrda Aguilar concerned)
Andrds Aguilar (Venezuela)
Turkey
Satya Nandan Fiji)
Bulgaria)
The Magied A. Hassan Sudan)
d'Awol (Sudan)
Magied Hanyang members J. The representatives of:
Afghanistan- alternating year))
Euador; El by for Lesotho; Malaysia-
Mauritanial Netherlands
alternating session))
Leone- Spain)
Socialist The Conference elected the following officers and members of the Credentials
Committeet
Austria)
Austria)
Wolf Austria)
United Nations Treaty Series • Nations Unies - Recueil des Trait~s
1994
Second Committee
Chairman
1994
First and second sessions
Third session
Fourth to eleventh
sessions
Rapporteur
Third Comuittee
Chairman
vice-Chairmen
Rapporteur
First and second sessions
Third session
Fourth and fifth
sessions
Fifth to eleventh
sessions
Andr~s guilar (Venezuela)
Reynaldo Galindo Pohl (El Salvador)
(by agreement of the regional group
concerned)
An dr ds Aguilar (Venezuela)
The representatives of Czechoslovakia,
Kenya and Turkey
Satya Nandan (Fiji)
Alexander Yankov (Bulgaria)
The representatives of Colombia, Cyprus and
the Federal Republic of Germany
Abdel Mgied Hassen (Sudan)
Manyang d'Awol (Sudan)
Abdel Mgied A. Hassan (Sudan)
Manyang d'Awol (Sudan)
The Conference elected
the following officer and menbers of the Drafting
Committee:
Committee
Chairman
Me nbers
Alan Beesley (Canada)
The representatives of:
Afghanistan; Argentina; Bangladesh
(alternating with Thailand every year)
Ecuador; Salvador (replaced Venezuela
far the duration of the third session by
agreement of the regional group concerned);
Ghana; India; Italy; Lesotho Malaysia;
Mauritania; Mauritius; Mexico; Nether lands
(alternating with Austria every session);
Philippines; Romania; Sierra Leone; Spain;
Syrian Arab Republic; Union of Soviet
socialist Republics; United Republic of
Tanzania and United States of America.
Committee:
Credentials Committee
Chairman
First session
Second and third sessions
Fourth to eleventh
sessions
Vol. 1835, 1-31363
Heinrich Gleissner (Austria)
Franz Weidinger (Austria)
Karl wolf (Austria)
United Nations - Treaty Series * Nations Unies - Recueil des Traitks
Hesbers The Chad* Hungary-
18. The Secretary-General uited General Constantin tnder-General, Secretary-
Conference.
it-
(A/CONF. 62/1) ;
General
aONF.62/2 l-3), %hich enbodied Agreement", eighth Subsequently, the Conference also had before it the following documentation:
Conference-
(ii) prepared by Secretary-General; (28)
Law (20) Economic implications of sea-bed mineral development in the international
ibid., CONF.62/25 Nay bed area- ibid.,
TV CONF.37 CQNF.62/C.3/alternative clauses- ibid., CONP.62/L.13) inter-governmental Q2NF.62/L.August Enterprise- CDNF.62/L.17) ibid., (A/CONF.62/C.l/L.19) IS Nay 62/August to Law A/CaNP.62/L.65) Vol. 1835. 1-31363
1994 United Nations - Treaty Series Nations Unies Recueil des Trait~s 269
Me nbers The representatives of:
Austria; Chad; China; Costa Rica; Hungary%
Ireland; Ivory Coast; Japan and Uruguay.
Kenneth Rattray (Jamaica) was elected Rapporteur-General of the Conference.
1'8 . The Secretary--General of the uited Nations as Secretary-General of the
Conference was represented by Constantin Stavropoulos, Under-Secretary-General, at
the first and second sessions. Thereafter Bernardo Zuleta, Under-Secretary
General, represented the Secretary-General. David L. D. Hall was Executive
Secretary of the Conference,
19. The General Assembly, by its resolution 3067 (XXVIII) convening the
Conference, referred to it the reports and documents of the Committee on the
'Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National
Jurisdiction and the relevant documentation of the General Assembly. At the
commencement of the Conference the following documentation was also before it:
(a) The provisional agenda of the first session of the Conference
(VCONP.62/1)%
(b) The draft rules of procedure prepared by the Secretary-General
(A/CONF.62/2 and Add.1-3), containing an appendix which embodied the "Gentleman's
Agreement, approved by the General Assembly at its twenty-eighth session on
16 November 1973.
(i) The proposals submitted by the delegations participating in the
Conference, as shown in the Official Records of the Conference;
The reports and studies the General;9
(iii) The informal negotiating texts and the draft Convention on the Lav of the
Sea and related draft resolutions and decision drawn up by the Conference
as hereafter set out.
«2s» bed area: 12id., vol. III (A/CNF.62/25 dated 22 My 1974).
Economic implications of sea-bed mining in the international area: Di.
vol, TV (A/CONF.62/37 dated 18 February 1975).
Description of some types of marine technology and possible methods for their
transfer: ibid., vol. IV (A/CNF.62/C.3/L.22) dated 27 February 1975.
Draft altarnative texts of the preamble and final clauses: ii@d., vol. VI
(A/CON.62/1.13) dated 26 July 1976.
Annotated directory of intergovernmental organizations concerned with ocean
affairs (A/CNF.62/L.14) dated 10 gust 1976.
Alternative means of financing the Enterprise: ibid., vol. VI
(A/CONF.62/C.1/L.17) dated 3 September 1976.
Costs of the Authority and contractual means of financing its activities,
ibid., vol. VII (/CNF.62/C.1/1.19) dated 18 My 1977.
Manpower requirements of the Authority and related training needs, ibid.,
vol. XII (A/CONF.62/82) dated 17 gust 1979.
Potential financial implications for States Parties the future Convention
on the Lav of the Sea (A/CNF.62/1.65) dated 20 February 1981.
Effects of the production limitation formula under certain specified
1835,
270 United Treaty e - Recueil Trait6s IV. DRAFTING CQMMITTEE
Drafting its Conference with the informal examination for refining harmonizing words and textual review, concordance of the text of the Convention in the six languages.
informal by comprising
both and non-rarers of of group being chaired by a co-ordinator 29)
and assisted by Secretariat linguistic experts. The co-ordinators, the
direction of the Chairman of the Drafting Committee, performed the major task of
harmonizing the views of the language groups and of Drafting Committee, through meetings open to both members and non-members of the
Drafting Committee. In addition to the meetings held during the regular sessions
of the Conference, the Committee held inter-sessional - Lited York, United Headquarters York, 12 January February 1981-
- the in 31 July 1981,
(continued)
(A/62/dated 24 February 1981 62/L.66/Corr.l)
dated 3 March 1981.
continental shelf: ibid., vol. IX (A/CONF.2/C.2/L.98) dated 18 April 1978, map
illustrating various formulae for the definition of (A/CONF.62/2/Add.l)h calculation areas illustrated beyond CONF. 62/C.L.98/Add.1, CONF.62/C. 2/Add.2) 3 May 1978- communication received from the Secretary of Oceanographic Commission: ibid., vol. IX CONF.62/C. 2/Add.3) August Study of the implications of preparing large-scale maps for the Nations Conference on the of the Sea: ibid., vol. XI (A/ODNF.62/2/L.99)
dated April General and on the needs of countries, especially developing countries, for information,
rdgime CONF.62/L.76) 1981.
(29) ordinators group: Kamil Yasseen (United Emirates), (Iraq).
Wang Tieya (China), Ni Zhengyu (China), and
English language group: cman United Alternates: Steven Asher (United States) and Milton Drucker United States).
Italy).
Switzerland).
language group: Yevgeny N. Nasinovsky (USSR) and Georgy G. Ivanov Spanish language group: Josi jcsi Spain), Josi Luis odriguez Ecuador).
Vol 1835. 1-31363
270 United Nations - Treaty Series • Nations Unies Recueil des Trait~s
IV. DRAFTING COMMITTEE
1994
20. The Drafting Committee commenced its work at the seventh session of the
Conference with the informal examination of negotiating texts, for the purposes of
refining drafts, harmonizing recurring words and expressions and achieving, through
textual review, concordance of the text of the Convention in the six languages.
The Committee was assisted in its informal work by six language groups comprising
both members and non-members of the Drafting Committee, representing the six
official languages of the Conference each by a '9
and assisted by Secretariat linguistio experts. The co-ordinators, under the
direction of the Chairman of the Drafting Committee, performed the major task of
harmonizing the views of the language groups and of preparing proposals for the
Drafting Committee, through meetings open to both members and non-members of the
Drafting Committee. In addition to the meetings held during the regular sessions
of the Conference, the Committee held inter-sessional meetings as follows:
At United Nations Headquarters in New Yark, from 9 to 27 June 1980;
- At United Nations Headquarters in New York, from l2 January to
27 February 198l;
At the Office of the United Nations in Geneva, from 29 June to 3l July 1981;
(continued)
assumptions (/CONF.62/L.66) dated 24 February 198l and (A/CONF.62/L.66/Corr.I)
dated 3 March 1981.
Preliminary study illustrating various formulae for the definition of the
continental shelf: ibid., vol. IX (/CNF.62/C.2/L.98) dated 18 April 1978; map
illustrating various@mulae for the definition of the continental shelf
(/CONF.62/C.2/L.98/dd.I); calculation of areas illustrated beyond 200 miles in
document A/CONF.62/C.2/L.98/Add., ibid., vol. IX, (A/CNF.62/€.2/L.98/Add.2) dated
3 May 1978; communication received rn the Secretary of the Intergovernmental
Oceanographic Commission: ibid., vol. IX (A/CONP.62/C.2/L.98/Add.3) dated
28 August 1978.
Study of the implications of preparing large-scale maps for the Third United
Nations Conference on the Law of the Sea: 2Di·, vol. XI (/CNF.62/C.2/L.99)
dated 9 April 1979.
Study on the future functions of the Secretary-General under the Convention
and on the needs of countries, especially developing countries, for information,
advice, and assistance under the new legal r~gime (A/CONF,62/1.76) dated
18 August 198l.
«29 The co-ordinators of the language groups were as follows:
Arabic language group
Mohammad Al-Haj Hamoud
Chinese language group:
Zhang Hongzeng (China).
Bernard H. Oxman (United States) and
Thomas A. Clingan (United States).
Alternates: Steven Asher (United States) and Milton Drucker (United States),
French language group: Tullio Treves (Italy).
Alternate: Lucius Caflisch (Switzerland).
Russian F. N. Kovalev (USSR), P. N. Evseev (USSR),
Yevgeny N. Nasinovsky (USSR) and Georgy G. Ivanov (USSR).
Jos~ Antonio Yturriaga Barbarin (Spain),
cs~ Manuel Lacleta Munoz (Spain), Jose Antonio Pastor Ridruejo (Spain) and
Lu1s Valencia Rodrguez (Eruaor).
Vol 1835, 1-31363
Mustafa Kamil Yasseen (united Arab Emirates), and
(Iraq).
Wang Tieya (China), Ni Zhengyu (China), and
- * - - 18 February - United tO
expressions. (30) review Convention.(31)
RULES AND NEGOTIATIONS
21. A/C(NF.62/session. (32) "Gentleman's Agreement* the (31) by and endorsed by the Conference, (31)
that-
"Bearing Law "The matters until all efforts at consensus have been exhausted."
(30) A/CONF.62/L.56, A/CONF.62/L.57/Rev.1 and A/CONF.62/L.63/Rev.I. See
(31) A/CONF.62/L.67/Add.i-16, A/CONF.62/L.75/Add.-13, A/CONF.62/L.85/Add.i-9,
62/L.142/Rev.l/Ad.1 A/CONF.62/L.152/Add.1-27.
(32) Ibid., vol. I, A/CONF.62/SR.24.
(31) Official Records of the General Assembly Twenty-eight Session, Meetings, meeting.
(34) Official Records of the Third United Nations Conference on the Sea, I, 1835, 1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s
At United Nations Headquarters in New York, from l8 January to
26 February 1982;
At the Office of the united Nations in Geneva, from 12 July to
25 August 1982.
271
The Drafting Committee presented a first series of reports concerning the
harmonization of recurring words and expressions, «o The Committee presented a
second series of reports containing recommendations arising out of the textual
review of the Convention. «1
V. OF PROCEDURE CONDUCT OF 2l. The Conference adopted its rules of procedure (A/CNF.62/30) at its second
session, «2» The declaration incorporating the Gentleman's Agreement approved by
the General Assembly, 93 made the President by Conference,(39
was appended to the rules of procedure. The declaration provided that:
Bearing in mind that the problems of ocean space are closely
interrelated and need to be considered as a whole and the desirability of
adopting a Convention on the of the Sea which will secure the widest
possible acceptance,
The Conference should make every effort to reach agreement on
substantive matters by way of consensus and there should be no voting on such
«3o» A/CONF.62/L.56, A/CONF.62/L.57/Rev.I and A/CONF.62/L.63/Rev.I. See
Official Records of the Third United Nations Conference on the Law of the Sea,
vols. XIII and XIV.
«» A/CONF.62/L.67/Ad.1-16, A/CONF.62/L.75/Add.1-13, /CONF.62/L.85/Add.1-9,
A/CONF.62/L.142/Rev.I/Add.l and CNF.62/Add.1-27.
«2 Ibid., vol. I, A/CONF.62/SR.24.
«3 Twenty-eight session, Plenary
2169th «0 Law of the
ea, vol. A/CONF.62/SR.19.
Vol. 1-31363
272 a - Traitis 22. The rules of procedure were subsequently amended by the Conference on
12 July 1974,0 5) on 17 March 1975(36) and on 6 March 1980.0 7)
23. At its second session, (
8 ) the Conference determined the competence of the
three Main Committees by allocating to the plenary or the subjects
and issues on the list prepared in accordance with General Assenbly resolution
2750 C (XXV) (A/CONF.62/29). The Main Committees established informal working
groups or other subsidiary bodies which assisted the Committees in their work.3 9)
24. At the third session, at the request of the Conference, the Chairmen of the
entrusted to Single Negotiating Text (A/CONF.62/WP.8, I, II III), is described in the introductory note by the President. Subsequently, President of the Conference, taking into consideration and issues to the plenary and the Main Committees negotiating
text on the subject of settlement (A/ODNF.62/WP.9).
(35) Ibid., vol. I, A/CONF.62/SR.40.
(36) Ibid., vol. IV, A/CONF.62/SR.52.
(37) Ibid., vol. XIII, A/CONF.62/SR.122.
(36) vol. i, A/CONF.62iR.15.
(39) The First Committee appointed the following officers of the informal
working groups set up by it between the second and eleventh sessions-
Christopher w. Pinto (Sri Lanka): Chairman of the informal body of the
whole (decision of the first meeting of the First Committee) Official of the Third United Nations Conference on the Law of the Sea, vol. II;
Chairman of the negotiating group on the system of operations, the rdgime and
the conditions of exploration and exploitation of 50 States, but open-ended (decision of the 14th to 16th meetings of the
First Committee, ibid.).
S. P. Jagota (India) and H. H. M. Sondaal (Netherlands): the open-ended working group (decision of the 26th meeting of the First
Comittee, ibid., vol. VI).
Jens Evensen (Norway): Special Co-ordinator of the Chairman's informal
working group of the whole on the system of exploitation (decision of the
38th meeting of the First Committee, ibid., vol. VII).
Satya N. Nandan (Fiji): Cairman of the informal group on the question
of production policies, established under the auspices of Negotiating Group 1
1835, United Nations - Treaty Series • Nations Unies Recueil des Trait~s 1994
1974,05 197500 and 1980.07
Gs Ma in Committees the Assembly 2750 C (XXV) (A/CONF.62/29). work,«9
three Main Committees each prepared a single negotiating text covering the subjects
the respective Committee which together constituted the Informal
single CNF.8, Parts and the nature of which
President, the
the allocation of subjects
submitted a single of disputes CNF.62WP.9).
« Ibid., 1, CONF.62/SR. 40.
« Ibid., vol. IV, A/CNF.62/SR.52.
on Ibid., 62/122.
aw Ibid., vol. I, A/CNF.62SR.15.
«» The First Committee seoond sessions;
Christopher W. Pinto (Sri of Records
of united Conferance regime of the Area, with a membership
ended deoision I4th l6th committee, ibid.).
s. India) Netherlanda): Co-chairmen of
ended decision Committee, ordinator working group of the whole on the system decision ibid., Satya N. Nandan (Fiji): Chairman of the informal group of production policies, established under the auspices of Negotiating Group l
Vol. 1-31363
United Nations Treaty Series * Nations Unies - Recueil des Traitks
62/4(0 ) a 62/WP.9/Rev.CDNF.62/WP.8. C0NF.62/WP.8/I1) (con tinued)
see 114th ibid., United Kenya), Tommy Singapore) Republic): 21 o-Working 10 mebers -each
to
ibid., XI, 114th plenary ibid., Chairmn, Fiji). 62/2/87 ibid., IV). by CONP.62/C.2/L.Rev.1,
ibid.).
meting s
Josi ra is 04exico): decision ibid. , vol. II) .
Federal informal meetings on Scientific Research and the Development and Transfer
ibid. , vol. see also 62/C. 3/L.16, ibid., vol. III).
(,0) Decision taken at the 65th meeting of the plenary Conference on
'2 Am:' -. -- i , vo-. V, A/C.CNF.62/SR.65.
1835. 1994 United Nations - Treaty Series • Nations Unies - Recueil des Trait~s 273
25. At the fourth session of the Conference, following a general debate in the
plenary on the subject, as recorded in A/CONF.62/SR.58 to SR.65, at the request of
the Conference«o the President prepared a revised text on the settlement of
disputes (A/CONF.62/WP.9/Rev.l) which constituted Part IV of the Informal Single
Negotiating Text in document A/CNF62/WP.8. At the same session, the Chairmen of
the Main Committees each prepared a revised Single Negotiating Text
(A/CONF.62/WP.8/Rev.l, Parts I to III) and the note by the President which is
attached to the text describes its nature.
(continued)
referred to in paragraph 28 hereunder (see ll4th meeting of the General
Committee on 26 April 1979, jbid., vol. IX).
Paul Bamela Engo (United Republic of Cameroon): Chairman of the First
Committee, Francis X. Njenga (Kenya), T. B. Koh (Singapore) and
Harry Wuensche (German Democratic Republic)t Co-chairmen of the working Group
of 2l on First Committee issues with the Chairman of the First Committee as
principal co-ordinator. The working Group consisted of 10 members
representing the interests of the Group of 77 and I0 members representing the
interests of the principal industrialized countries with 7 alternates on each
side. The Group was constituted with members and alternates as necessary to
represent the interests of the issue under consideration (decision of the
45th meeting of the General Committee on 9 April 1979, 11., vol. XI; see
also li4th meeting of the on 26 April 1979, ibid., vol. XI).
The Second Committee set up informal consultative groups, at different
stages, chaired by the three Vice-Cbairmen, the representatives of
Czechoslovakia, Kenya and Turkey and by the Rapporteur of the Committee,
Satya N. Nandan (Fiji). (See statement by the Chairman of the Second
Committee, A/CONF.62/C.2/L.87 (ibid., vol. IV), See also statement on the
work of the Committee prepared the Rapporteur, A/CONF.62/C.2/L.89/Rev.l,
ibid.).
The Third Committee appointed the following officers of its informal
meetings
Jos~ Luis Vallarta (Mexico): Chairman of the informal meetings on
Protection and preservation of the marine environment (decision of the
second meeting of the Third Committee, ibid., vol, II).
Cornel A. Metternich (Federal Republic of Germany): Chairman of the
Developnent of Technology (decision of the second meeting of the Third Committee,
ibid., vol. II; see also A/CONF.62/€.3/1.16, ibid., vol. III).
«o» taken at .2 April -5.7. -ii., o.. V, A/CYF.62/SR.65.
Vol. 1835, 1-31363
274 United Nations Treaty * Unies - Traitks 26. fifth the the Conference,M4') the a single negotiating text on the settlement of disputes
CONF.62/WP.9/2) , vich constituted the part of the Revised Single
Text 62/P.8/l).
27. sixth session, (
1
2 ) the requested Chairmen of the Main Committees, the team
with the Chairman of the Drafting Committee and General associated, 43) %hidi referred to as "the Collegiuml,(44) prepare Informal Composite Text (A/CQNF.62/WP.10), range of I the Negotiating the described in CNF. 62/10/Add.1).
Conference 62/62) issues.(45) (41) A/CONF.62/SR.71.
(42) Ibid., vol. VII, A/CONF.62/SR.77-SR.79.
(43) at the 79th meeting of the plenary Conference on
ibid., (44) President's explanatory memorandum attached to A/CONF.62/WP.10/Rev.2,
11 1980.
(45) Official Records of the Third United Nations Conference on Law CONF.62/items in A/CONF.62/62, ibid., vol. X.
274 United Nations - Treaty Series • Nations Unies Recueil des Trait~s 1994
26, During the fifth session, at the request of the Conference,«4 the President
prepared a revised single text on disputes
(A/OONF.62/WP.9/Rev.2), which constituted the fourth part of Negotiating Text (A/CONF.62/WP.8/Rev.I).
27. At its sixth session,(42 the Conference requested the President and the
Chairmen of the Main Committees, working under the President's leadership as a team
with which the Chairman of the Drafting Committee and the Rapporteur-General were
associated,«43 which was subsequently referred to as the Collegium,«4o to
prepare an Informal Composite Negotiating Text (CNF.62wP.10), covering the
entire range of subjects and issues contained in Parts I to IV of the Revised
Single Negotiating Text. The nature of the composite text so prepared was
described in the President's memorandum (A/CONF.62/WP.I0/Add.I).
28. At its seventh session, the Conference identified certain outstanding core
issues and established seven negotiating groups (as recorded in A/CONF.62/62) for
the purpose of resolving these issues,(4 Each group comprised a nucleus of
countries principally concerned with the outstanding core issue, but was open-ended.
« Ibid., vol. VI, 62/71.
«4 A/CNF.62/SR.77-5R.79.
«43 Decision taken 28 June 1977, i2id., vol. VII.
« CONF.62/WP.IO/Rev.dated l1 April «» Reoords the of the
Sea, vol. IX, A/CONF.62/SR.89 and 90. The descriptions of the are recorded
/CNF.62/x.
Vol. 1835, 1-31363
United Nations - Treaty Series * Nations Unies - Recueil des Trait~s
The Chairmen of the Groups were:
Negotiating Group on 1
Negotiating Group on Negotiating Group on Negotiating Group on item 4
Negotiating Group on item Negotiating Group on item 6
Negotiating Group on item 7
Francis X. Njenga Tommy T. B. Koh (Singapore)
amela Engo United of
Cameroon), Committee
Satya N. Andrds Aguilar of Manner The Chairmen of the to on of negotiations to the Committee the plenary functioning Committee, as
appropriate, before they were presented to the plenary.
29. The negotiations carried out at the seventh session and resumed seventh
session of the Conference by work plenary functioning Fain the the Chairman of the Drafting Committee, were incorporated in documents
A/CONF.RCNG.and 2.
(4 6
) modifications or revisions of the Informal Composite Negotiating Text, which are
set out in document 62/62.
a Ecperts (German Democratic (47 )
On (A/CONF.62/SR.I1l-SR.116)
concerning the reports of the President, the Chairmen of the Yain Committees, the
Negotiating Text (A/CONF.62/WP.l0/Rev.l) was in 27. The nature of text was described in explanatory
memorandum the President (46) Ibid. , vol. X.
(47) Part XI of the Informal Comittee meting CDNF.62/C.l/L.25 L.36, ibid., Vol. 1994 United Nations - Treaty Series • Nations Unies -Recueil des Trait~s
The Chairmen of the Negotiating Groups were:
Negotiating Group on item 1 Francis X. Nj enga (Kenya)
Negotiating Group on item 2
Tony T. B. Koh (Singapore)
Negotiating Group on item 3
Paul Bamela Ego (united Republic of
Cameroon), Chairman of the First Committee
Negotiating Group on item 4 Satya N, Nandan (Fiji)
Negotiating Group on item 5
Constantin A. Stavropoulos (Greece)
Negotiating Group on item 6 An dr ~s Aguilar (Venezuela), Chairman of the
Second Committee
Negotiating Group on item 7 E. J. Manner (Finland)
275
The Chairmen of the Negotiating Groups were to report on the results of their
negotiations to the Committee or the plenary functioning as a Committee, as
appropriate, before they were presented to the plenary.
29. The negotiations carried out at the seventh session and resumed seventh
session of the Conference were reported on by the President concerning the vark of
the plenary functioning as a Main Committee, and by the Chairmen of the Main
Committees and the Negotiating Groups. These reports, together with the report of
the Chairman of the Drafting Committee, were incarparated in documents
/CONF.62/RCNG.I and 2,«The Conference also laid down criteria for any
modifications or revisions of the Informal Composite Negotiating Text, which are
set out in document A/CONF.62/62,
30. At the eighth session a group of Legal Experts was set up with Harry Wuensche
Ger man Deoaratic Republic) as its Chairman. «
31. the basis of the deliberations of the Conference (/CONP,62/SR.Ill-SR.116)
concerning the reports of the President, tne Chairmen of the Main Committees, the
Chairmen of the Negotiating Groups and the Chairman of the Group of Legal Experts
on consultations conducted by them, a revision of the Informal Composite
Negotiating Text (/CON.62/WP.IO/Rev.l) was prepared by the Collegium referred to
in paragraph 27. 'The nature of the text was described in the explanatory
memorandum by the President attached to the text.
as Ibid., vol. x.
a The Group of Legal Experts on the Settlement of Disputes relating to
Part XI of the Informal Composite Negotiating Text was established by the Chairman
of the First Committee in consultation with the President as reflected at the 114th
meeting of the plenary and in A/CNF.62/C.1/1.25 and 1.36, ibid., vol. XI.
vol. 1835, 1-31363
276 United Nations - Treaty Series * Unies - Traitis
32. the eighth session of Legal Experts Chairman.(4 8 )
33. The reports the negotiations at eighth session Committees, of Negotiating
the of two Legal Experts the Committee incorporated by (ONF.91).
34. At its of the report of concerning
in as 62/49/Add.l and Conference draft the CDNF.62/L.49) CONF.62/WP.0/ev.1). On the CDNF.62/125-128) concerning the reports of
the the consultations
conducted by them, Collegium( 49) as Informal Rev.CONF.62/WP.10/President's explanatory memorandum attached to 35. ninth of 62/SR.140) by "Draft "
(CONF.62/WP.10/3), 62/WP.10/AMd.l), 36. The Conference also decided that the statement of understanding on an
the and to Act.(5 0)
(48) The Group of Legal Experts on the Final Clauses was established by the
at the 120th meeting
(49) As referred to in paragraph 27 above and in the President's explanatory
a)NF.10/Rev.2.
(50) Decision taken at the 141st meeting of the plenary on 29 August 1980,
ibid., CDNF.276 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
32. At the resumed eighth session a further Group of Legal Experts was set up with
Jens Evensen (Norway) as its Chairman,«4e»
33, The reports on the negotiations conducted at the resumed eighth session by the
President, the Chairmen of the Main Committees, the Chairmen of the Negotiating
Groups and the Chairmen of the two Groups of Legal Experts together with the report
of the Chairman of the Drafting Committee were incorporated in a memorandum by the
President (A/OONF.62/91).
34. At its ninth session, on the basis of the report of the President consultations conducted in the plenary acting as a Main Committee
(A/CONF.62/L.49/Ad.l and 2), the Conference considered the draft Preamble prepared
by the President (A/OONF.62/L.49) for incorporation in the next revision of the
Informal Composite Negotiating Text (A/OONF.62/WP.I0/Rev.I). O the basis of the
deliberations of the Conference (A/CNF.62/SR.I25-SR.I28) the President, the Chairmen of the Main Committees, the Chairmen of the Negotiating
Groups and the Chairmen of the Groups of Legal Experts on the consultations
conducted by them, and the report of the Chairman of the Drafting Committee on its
work, the Collegiumt49 undertook a second revision of the Informal Composite
Negotiating Text presented as the Informal Composite Negotiating Text/Rev.2 (in
document A/OONF62/WP.O/Rev.2), the nature of which was described in the
President's explanatory memorandum attached to it.
35. At its resumed ninth session, on the basis of the deliberations of the
Conference (A/CONF.62/SR.134-SR.I40) concerning the reports of the President and
the Chairmen of the Main Committees on the consultations conducted them, the
Collegium prepared a further revision of the Informal Composite Negotiating Text.
The revised text, titled Draft Convention on the Law of the Sea (Informal Text) "
(A/CONF.62/WP.IO0/Rev.3), was issued together with the explanatory memorandum of the
President (A/CONF.62/WP.I0/Rev.3/Add.I), which described the nature of the text.
exceptional method of delimitation of the Continental Shelf applicable to certain
specific geological and geomorphological conditions would be incorporated in an
annex the Final Act.«o
@» by President to deal with the technical aspects of the Final Clauses after their
preliminary consideration in the informal plenary as recorded l20th of the plenary of 24 August 1979, ibid., vol. XII.
«4 27 above and in the President's explanatory
memorandum attached to A/CONF.62/WP.IC/Rev.2.
«so» at l4lst 29 1980,
ii., vol. XIV, A/OONF.62/SR.141.
Vol. 1835, 1-31363
1994 United Nations - Treaty Series e Nations Unies - Recueil des Traitks 277
37. The Conference decided that the tenth session was to determine the status to
be given to the draft Convention (Informal Text).(51 )
38. Following the deliberations of the Conference at its tenth and resumed tenth
sessions (A/CONF.62/SR.142-SR.155) , the Collegium prepared a revision of the draft
Convention on the Law of the Sea (Informal Text). The Conference decided that the
text as revised (A/CONF.62/L.78) was the official draft Convention of the
Conference, subject only to the specific conditions recorded in document
A/0ONF.62/114. At the resumed tenth session, the Conference decided that the
decisions taken in the informal plenary concerning the seats of the International
Sea-Bed Authority (Jamaica) and the International Tribunal for the Law of the Sea
(the Free and Hanseatic City of Hamburg in the Federal Republic of Germany) should
be incorporated in the revision of the draft Convention; and that the introductory
note to that revision should record the requirements agreed upon when the decision
concerning the two seats was taken (A/CDNF.62/L.78).
39. Following consideration by the plenary (5 2) of the final clauses and in
particular the question of entry into force of the Convention, the question of
establishing a Preparatory Comm-ission for the International Sea-Bed Authority and
the convening of the International Tribunal for the Law of the Sea was considered
by the plenary at the ninth session. The President, on the basis of the
deliberations of the informal plenary, prepared a draft resolution to be adopted by
the Conference concerning interim arrangements, which was annexed to his report
(A/ONF.62/L.55 and Corr.l). Cn the basis of the further consideration of the
subject jointly by the plenary and the First Committee at the tenth, resumed tenth
and eleventh sessions of the Conference, the President and the Chairman of the
First Committee presented a draft resolution (A/CaNF.62/C.I/L. 30, annex I).
40. Following consideration at the eleventh session of the question of the
treatment to be accorded to preparatory investments made before the Convention
enters into force, provided that such investments are compatible with the
Convention and would not defeat its object and purpose, the President and the
Chairman of the First Committee presented a draft resolution contained in annex II
to their report A/CONP.62/C./L.30. The question of participation in the
Convention was considered by the plenary of the Conference during the eighth to
eleventh sessions, and the President presented a report on the consultations at the
eleventh session in document A/ONF.62/L.86.
41. The eleventh session had been declared as the final decision-making session of
the Conference. 5( 3) During that session, on the basis of the deliberations of
the Conference (A/CONF.62/SR.157-SR.166) concerning the report of the President
(51) Ibid., also referred to in A/CONF.62/BUR.13/Rev.l.
(52) At the resumed eighth session.
(53) In adopting the programme of work (A/CONF.62/116) , ibid.,
A/C3NF/62/SR.154.
Vol. 1835, 1-31363
1994 United Nations - Treaty Series • Nations Unies Reeueil des Trait~s 277
37, The Conference decided that the tenth session was to determine the status to
be given to the draft Convention (Informal Text),(3n
38. Following the deliberations of the Conference at its tenth and resumed tenth
sessions (A/CONF.62/SR.I42-SR.155), the Collegium prepared a revision of the draft
Convention on the Law of the Sea (Informal Text). The Conference decided that the
text as revised (A/CONF,62/L.78) was the official draft Convention of the
Conference, subject only to the specific conditions recorded in document
A/CONF62/114. At the resumed tenth session, the Conference decided that the
decisions taken in the informal plenary concerning the seats of the International
Sea -Bed Authority (Jamaica) and the International Tribunal for the Law of the Sea
(the Free and Hanseatic City of Hamburg in the Federal Republic of Germany) should
be incorporated in the revision of the draft Convention; and that the introductory
note to that revision should record the requirements agreed upon when the decision
concerning the two seats was taken (A/CONF.62/L.78).
39. Following consideration by the plenary« of the final clauses and in
particular the question of entry into force of the Convention, the question of
establishing a Preparatory Commission for the International Sea-Bed Authority and
the convening of the International Tribunal for the Law of the Sea was considered
by the plenary at the ninth session, The President, on the basis of the
deliberations of the informal plenary, prepared a draft resolution to be adopted by
the Conference concerning interim arrangements, which was annexed to his report
(A/CONF.62/L.55 and Corr.I). On the basis of the further consideration of the
subject jointly by the plenary and the First Committee at the tenth, resumed tenth
and eleventh sessions of the Conference, the President and the Chairman of the
First Committee presented a draft resolution (/CONF.62/C.1/L.30, annex I).
40. Following consideration at the eleventh session of the question of the
treatment to be accorded to preparatory investments made before the Convention
enters into force, provided that such investments are compatible with the
Convention and would not defeat its object and purpose, the President and the
Chairman of the First Committee presented a draft resolution contained in annex II
to their report A/CONF.62/C.I/L.30. The question of participation in the
Convention was considered by the plenary of the Conference during the eighth to
eleventh sessions, and the President presented a report on the consultations at the
eleventh session in document A/CONF.62/L.86.
41. The eleventh session had been declared as the final decision-making session of
the Conference.cs» During that session, on the basis of the deliberations of
the Conference (A/CONF.62/SR.157-SR.166) concerning the report of the President
«n Ibid., also referred to in A/CONF.62/BUR.L3/Rev.1.
s2 At the resumed eighth session.
«» In adopting the programme of work (/OONF,62/116), ±bi.,
/CONF/62/SR.154.
vol. 1835, 1-31363
278 United Nations - Treaty * - Traites 1994
(A/ONF.62/L.86) and the reports of the Chairmen Main (A/CONF.62/L.87, L.91 and L.92) , on the negotiations by report of the Chairman of the Drafting Committee on its work (A/CONF.62/L.85 and
L.89) , the Collegium issued a memorandum (A/CONF.62/L.93 and Corr.l) containing
changes to be incorporated in the Draft Convention on the Law of the Sea
(A/CONF.62/L.78) , and document A/CONF.62/L.94 setting out three draft resolutions
and a draft decision of the Conference which were to be adopted at the same time as
the draft The Conference determined that all efforts at reaching general agreement had
been exhausted. 5 4
) Throughout the preceding eight years of its work the
Conference had taken all decisions by consensus although it had exceptionally
resorted to a vote only on procedural questions, on questions concerning the
appointment of officials and on invitations to be extended to participants in the
Conference as observers.
42. on the basis of the deliberations recorded in the records of the Conference
(A/CONF.62/SR.167-SR.182), the Conference drew up-
THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
RESOLUTION I on the establishment of the Preparatory Commission International Sea-Bed Authority and for the International Tribunal for the Law
of the Sea
RESOLUTION II governing Preparatory Investment in Pioneer Activities relating
to Polymetallic Nodules
RESOLUTION III relating to territories whose people have not obtained either
full independence or some other self-governing status recognized by the United
Nations or territories under colonial domination
RESOLUTION IV relating to national liberation movements.
The foregoing Convention together with resolutions I to IV, forming an
integral whole, was adopted on 30 April 1982, by a recorded vote taken at the
request of one delegation. (5 5 ) The Convention together with resolution I to IV
were adopted sub3ect to drafting changes thereafter approved by the Conference 5( 6 )
(s4 A/CONF/62/SR.174.
(55) Recorded vote taken at the request of the delegation of the United States
of America, with two delegations not participating in the vote. The result was 130
in favour, 4 against with 17 abstentions.
(56) Decision taken by the Conference at the 182nd meeting of the plenary
Conference on 30 April 1982 as well as -ts decision taken at the 184th meeting on
24 September 1982.
1835, 1-31363
Series • Nations Unies Recueil des Trait~s CONF.1.86) of the Committees
A/62/9l 92), conducted them and the
CNF.62/1.85 L.89), the 62/I) (A/CONF.62/L.78), /CONF.62/L.94 a Convention.
The Conference determined «so appointment 42. On the basis (A/CONF.62/SR.167-SR.182), up:
for the
RESOLUTION II governing RESOLUTION III relating to territories whose full independence or some other governing by RESOLUT ION The foregoing Convention together forming delegation,«s subject by (6
«50 A/CONF/62/SR.174.
«5» Recorded vote taken at the request of the delegation of America, with two delegations not participating n «so Decision taken by the Conference at the 182nd meeting of the plenary
Conference on 30 April 1982 ts I&4th 1982,
Vol. 31363
1994 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 279
which were incorporated in the Convention and in resolutions I to IV, which are
annexed to this Final Act (annex I). The Convention is subject to ratification and
is opened for signature from 10 December 1982 until 9 Deceber 1984 at the Ministry
of Foreign Affairs of Jamaica and also from 1 July 1983 until 9 December 1984 at
United Nations Headquarters. The same instrument is opened for accession in
accordance with its provisions.
After 9 December 1984, the closing date for signature at United Nations
Headquarters, the Convention will be deposited with the Secretary-General of the
United Nations.
There are annexed to this Final Act*
The Statement of Understanding referred to in paragraph 36 above (annex II),
and the following resolutions adopted by the Conference:
Resolution paying tribute to Simdn Bolivar the Liberator (annex III);(57)
Resolution expressing gratitude to the President, the Government and officials
of Venezuela (annex IV);(58)
Tribute to the Amphictyonic Congress of Panama (annex V) ;(51)
Resolution on Development of National Marine Science, Technology and Ocean
Service Infrastructures (annex VI) ;(60)
(57) Draft resolution CONF.62/4 by at
the 43rd meeting of the plenary on 22 ibid., (58) Draft resolution A/CONF/62/L.9 adopted the at 51st
meeting of the August ibid., vol. (59) CONF.62/L.15 meeting ibid., vol. (60) Draft resolution A/CONP. 62/L.127 adopted by the Conference at the 182nd
meeting of the plenary on April Vol 1835,1 -31363
1994 United Nations -Treaty Series • Nations Unies Recueil des Trait~s 279
which were incorporated in the Convention and in resolutions I to IV, which are
annexed to this Final Act (annex I). The Convention is subject to ratification and
is opened for signature from 10 December 1982 until 9 December 1984 at the Ministry
of Foreign Affairs of Jamaica and also from l July 1983 until 9 December 1984 at
United Nations Headquarters, The same instrument is opened for accession in
accordance with its provisions.
After 9 December 1984, the closing date for signature at United Nations
Headquarters, the Convention will be deposited with the Secretary-General of the
United Nations.
There are annexed to this Final Act:
The Statement of Understanding referred to in paragraph 36 above (annex II);
and the following resolutions adopted by the Conference:
Resolution paying tribute to Simdn Bolivar the Liberator (III);«7
Resolution expressing gratitude to the President, the Government and officials
of Venezuela (annex IV);
Tribute to the Amphictyonic Congress of Panama (V) ;9
Resolution.on Development of National Marine Science, Technology and Ocean
Service Infrastructures (annex VI) ;(60
«s Draft resolution A/CNF.62/L.3 and Add.l-4 adopted the Conference the 43rd meeting of the plenary on 22 July 1374, 12id., vol. I.
«so» Draft resolution A/CONF/62/L.9 adopted by the Conference at the Slst
meeting of the plenary on 28 ugust 1974, iDl9., vol. I.
«9» Draft Tribute A/CON.62/L.l5 adopted by the Conference at the 76th
meeting of the plenary on 17 September 1976, 1id., vol. VI.
«so» CONF.62/meeting of the plenary on 30 April 1982.
Vol 1835, 1-31363
280 United Nations - Treaty Series 9 Nations Unies - Recueil des Traitks 1994
IN WITNESS WHEOF the representatives have signed this Final Act.
DONE AT MONOE(D BAY this tenth day of December, one thousand nine hundred and
eighty-two in a single copy in the Arabic, Chinese, English, French, Russian and
Spanish languages, each text being equally authentic. The original texts shall be
deposited in the archives of the United Nations Secretariat.
The President of the Conference,
The Special epresentative of the 2
Secretazy-Gener al to the Conference,"4
The Executive Secretary of the Confereitce-
[For the signatures, seep. 421 of this volume.]
I Tommy T. B. Koh.
2 Bernardo Zuleta.
3 David L. D. Hall.
Vol. 1835, 1-31363
10
280 United Nations - Treaty Series • Nations Unies - Recueil des Trait~s
IN WITNESS WHEREOF the representatives have signed this Final Act.
1994
DONE AT MONTEGD BAY this tenth day of December, one thousand nine hundred and
eighty-two in a single copy in the Arabic, Chinese, English, French, Russian and
Spanish languages, each text being equally authentic. The original texts shall be
deposited in the archives of the United Nations Secretariat.
bee20a4(b%
The Special Representative of the /,Iv􀤕/£ 2
Secretary-General to the Conferenc􁁑 - 7􀤕
The Executive Secretary of the Conference .ht 4l
[For the signatures, seep. 421 of this volume.]
I Tommy T. B. Koh.
2 Bernardo Zuleta.
3 David L. D. Hall.
Vol. 1835, 1-31363
The President of the Conference:
1994 United Nations - Treaty Series * Nations Unies - Recueil des Traitis 281
Annex I
RESOLUTION I
ESTABLISHMENT OF THE PREPARATORY CWMISSION FOR THE INTERNATIONAL
SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE
LAW OF THE SEA
The Third United Nations Conference on the Law of the Sea,
Having adopted the Convention on the Law of the Sea which provides for the
establishment of the International Sea-Bed Authority and the International Tribunal
for the Law of the Sea,
Having decided to take all possible measures to ensure the entry into
effective operation without undue delay of the Authority and the Tribunal and to
make the necessary arrangements for the comencement of their functions,
Having decided that a Preparatory Commission should be established for the
fulfilment of these purposes,
Decides as follows:
1. There is hereby established the Preparatory Commission for the
International Sea-Bed Authority and for the International Tribunal for the Law of
the Sea. Upon signature of or accession to the Convention by 50 States, the
Secretary-General of the United Nations shall convene the Comission, and it shall
meet no sooner than 60 days and no later than 90 days thereafter.
2. The Comission shall consist of the representatives of States and of
Namibia, represented by the United Nations Council for Namibia, which have signed
the Convention or acceded to it. The representatives of signatories of the Final
Act may participate fully in the deliberations of the Commission as observers but
shall not be entitled to participate in the taking of decisions.
3. The Commission shall elect its Chairman and other officers.
4. The Rules of Procedure of the Third United Nations Conference on the Law
of the Sea shall apply mutatis mutandis to the adoption of the rules of procedure
of the Commission.
5. The Commission shall:
(a) prepare the provisional agenda for the first session of the Assembly and
of the Council and, as appropriate, make recormmendations relating to
items thereon;
(b) prepare draft rules of procedure of the Assembly and of the Council;
(c) make recommendations concerning the budget for the first financial period
of the Authority;
(d) make recommendations concerning the relationship between the Authority
and the United Nations and other international organizations;
(e) make recommendations concerning the Secretariat of the Authority in
accordance with the relevant provisions of the Convention;
(f) undertake studies, as necessary, concerning the establishment of the
headquarters of the Authority, and make recommendations relating theretoi
Vol.1 835,1 -31363
1994 United Nations Treaty Series • Nations Unies -- Recueil des Trait~s
RESOLUTION I
ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL
SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE
LAW OF THE SEA
281
The Third United Nations Conference on the Law of the Sea,
Having adopted the Convention on the Law of the Sea which provides for the
establishment of the International Sea-Bed Authority and the International Tribunal
for the Law of the Sea,
Having decided to take all possible measures to ensure the entry into
effective operation without undue delay of the Authority and the Tribunal and to
make the necessary arrangements for the comencement of their functions,
Having decided that a Preparatory Commission should be established for the
fulfilment of these purposes,
Decides as follows:
l. There is hereby established the Preparatory Commission for the
International Sea-Bed Authority and for the International Tribunal for the Law of
the Sea. Upon signature of or accession to the Convention by 50 States, the
Secretary-General of the United Nations shall convene the Commission, and it shall
meet no sooner than 60 days and no later than 90 days thereafter.
2. The Commission shall consist of the representatives of States and of
Namibia, represented by the United Nations Council for Namibia, which have signed
the Convention or acceded to it, The representatives of signatories of the Final
Act may participate fully in the deliberations of the Commission as observers but
shall not be entitled to participate in the taking of decisions.
3. The Commission shall elect its Chairman and other officers.
4. The Rules of Procedure of the Third United Nations Conference on the Law
of the Sea shall apply mutatis mutandis to the adoption of the rules of procedure
of the Commission.
5. The Commission shall;
(a) prepare the provisional agenda for the first session of the Assembly and
of the Council and, as appropriate, make recommendations relating to
items thereon;
(b) prepare draft rules of procedure of the Assembly and of the Council»
(c) make recommendations concerning the budget for the first financial period
of the Authority
(d) make recommendations concerning the relationship between the Authority
and the United Nations and other international organizations
(e) make recommendations concerning the Secretariat of the Authority in
accordance with the relevant provisions of the Convention)
(f) undertake studies, as necessary, concerning the establishment of the
headquarters of the Authority, and make recommendations relating thereto
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282 United Nations - Treaty Series * Nations Unies - Recueil des Trait6s 1994
(g) prepare draft rules, regulations and procedures, as necessary to enable
the Authority to commence its functions, including draft regulations
concerning the financial management and the internal administration of
the Authority;
(h) exercise the powers and functions assigned to it by resolution II of the
Third United Nations Conference on the Law of the Sea relating to
preparatory investment;
(i) undertake studies on the problems which would be encountered by
developing land-based producer States likely to be most seriously
affected by the production of minerals derived from the Area with a view
to minimizing their difficulties and helping them to make the necessary
economic adjustment, including studies on the establishment of a
compensation fund, and submit recommendations to the Authority thereon.
6. The Commission shall have such legal capacity as may be necessary for the
exercise of its functions and the fulfilment of its purposes as set forth in this
resolution.
7. The Commission may establish such subsidiary bodies as are necessary for
the exercise of its functions and shall determine their functions and rules of
procedure. It may also make use, as appropriate, of outside sources of expertise
in accordance with United Nations practice to facilitate the work of bodies so
established.
8. The Commission shall establish a special comnission for the Eterprise
and entrust to it the functions referred to in paragraph 12 of resolution II of the
Third United Nations Conference on the Law of the Sea relating to preparatory
investment. The special camission shall take all measures necessary for the early
entry into effective operation of the Enterprise.
9. The Commission shall establish a special commission on the problems which
would be encountered by developing land-based producer States likely to be most
seriously affected by the producion of minerals derived from the Area and entrust
to it the functions referred to in paragraph 5 (i).
10. The Commission shall prepare a report containing recommendations for
submission to the meeting of the States Parties to be convened in accordance with
Annex VI, article 4, of the Convention regarding practical arrangements for the
establishment of the International Tribunal for the Law of the Sea.
11. The Commission shall prepare a final report on all matters within its
mandate, except as provided in paragraph 10, for the presentation to the Assembly
at its first session. Any action which may be taken on the basis of the report
must be in conformity with the provisions of the Convention concerning the powers
and functions entrusted to the respective organs of the Authority.
12. The Commission shall meet at the seat of the Authority if facilities are
available; it shall meet as often as necessary for the expeditious exercise of its
functions.
13. The Commission shall remain in existence until the conclusion of the
first session of the Assembly, at which time its property and records shall be
transferred to the Authority.
14. The expenses of the Commission shall be met from the regular budget of
the United Nations, subject to the approval of the General Assembly of the United
Nations.
15. The Secretary-General of the United Nations shall make available to the
Commission such secretariat services as may be required.
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282 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1994
(g) prepare draft rules, regulations and procedures, as necessary to enable
the Authority to commence its functions, including draft regulations
concerning the financial management and the internal administration of
the Authority;
(h) exercise the powers and functions assigned to it by resolution II of the
Third United Nations Conference on the Law of the Sea relating to
preparatory investment;
(i) undertake studies on the problems which would be encountered by
developing land-based producer States likely to be most seriously
affected by the production of minerals derived from the Area with a view
to minimizing their difficulties and helping them to make the necessary
economic adjustment, including studies on the establishment of a
compensation fund, and submit recommendations to the Authcrity thereon,
6. The Commission shall have such legal capacity as may be necessary for the
exercise of its functions and the fulfilment of its purposes as set forth in this
resolution.
7. The Comission may establish such subsidiary bodies as are necessary for
the exercise of its functions and shall determine their functions and rules of
procedure. It may also make use, as appropriate, of outside sources of expertise
in accordance with United Nations practice to facilitate the work of bodies so
established.
8. The Commission shall establish a special commission for the Enterprise
and entrust to it the functions referred to in paragraph l2 of resolution II of the
Third United Nations Conference on the Law of the Sea relating to preparatory
investment. The special commission shall take all measures necessary for the early
entry into effective operation of the Enterprise.
9. The Commission shall establish a special commission on the problems which
would be encountered by developing land-based producer States likely to be most
seriously affected by the producion of minerals derived from the Area and entrust
to it the functions referred to in paragraph S (i).
10. The Commission shall prepare a report containing recommendations for
submission to the meeting of the States Parties to be convened in accordance with
Annex VI, article 4, of the Convention regarding practical arrangements for the
establishment of the International Tribunal for the Law of the Sea.
l. The Commission shall prepare a final report on all matters within its
mandate, except as provided in paragraph 10, for the presentation to the Assembly
at its first session, Any action which may be taken on the basis of the report
must be in conformity with the provisions of the Convention concerning the powers
and functions entrusted to the respective organs of the Authority.
12, The Commission shall meet at the seat of the Authority if facilities are
available; it shall meet as often as necessary for the expeditious exercise of its
functions.
13. The Commission shall remain in existence until the conclusion of the
first session of the Assembly, at which time its property and records shall be
transferred to the Authority.
14. The expenses of the Commission shall be met fro the regular budget of
the United Nations, subject to the approval of the General Assembly of the United
Nations.
15, The Secretary-General of the United Nations shall make available to the
Commission such secretariat services as may be required,
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United Nations - Treaty Series * Nations Unies - Recueil des Traitis
16. The Secretary-General of the United Nations shall bring this resolution,
in particular paragraphs 14 and 15, to the attention of the General Assembly for
necessary action.
RESOLUTION II
GOVERNING PREPARATORY INVESTMENT IN PIONEER ACTIVITIES
RELATING TO POLYMETALLIC NODULES
The Third United Nations Conference on the Law of the Sea,
Having adopted the Convention on the Law of the Sea (the *Convention*),
Having established by resolution I the Preparatory Commission for the
International Sea-Bed Authority and for the International Tribunal for the Law of
the Sea (the Commission") and directed it to prepare draft rules, regulations and
procedures, as necessary to enable the Authority to comence its functions, as well
as to make recommendations for the early entry into effective operation of the
Enterprise,
Desirous of making provision for investments by States and other entities made
in a manner compatible with the international rigime set forth in Part XI of the
Convention and the Annexes relating thereto, before the entry into force of the
Convention,
Recoqnizing the need to ensure that the Enterprise will be provided with the
funds, technology and expertise necessary to enable it to keep pace with the States
and other entities referred to in the preceding paragraph with respect to
activities in the Area,
Decides as follows:
1. For the purposes of this resolution:
(a) 'pioneer investor* refers to:
Mi) France, India, Japan and the Union of Soviet Socialist Republics, or
a state enterprise of each of those States or one natural or
juridical person which possesses the nationality of or is
effectively controlled by each of those States, or their nationals,
provided that the State concerned signs the Convention and the State
or state enterprise or natural or juridical person has expended,
before 1 January 1983, an amount equivalent to at least
$US 30 million (United States dollars calculated in constant dollars
relative to 1982) in pioneer activities and has expended no less
than 10 per cent of that amount in the location, survey and
evaluation of the area referred-to in paragraph 3 (a)l
(Li) four entities, whose components being natural or juridical persons (
possess the nationality of one or more of the following States, or
are effectively controlled by one or more of them or their
nationals: Belgium, Canada, the Federal Republic of Germany, Italy,
Japan, the Netherlands, the United Kingdom of Great Britain and
(1) For their identity and composition see "Sea-bed mineral resource
development: recent activities of the international Consortia" and addendum,
published by the Department of International Economic and Social Affairs of the
United Nations (ST/ESA/107 and Add.l).
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1994 United Nations -- Treaty Series • Nations Unies Recuell des Tralt~s 228833
16. The Secretary-General of the United Nations shall bring this resolution,
in particular paragraphs l4 and 15, to the attention of the General Assembly for
necessary action,
RESOLUTION II
GOVERNING PREPARATORY INVESTMENT IN PIONEER ACTIVITIES
RELATING TO POLYMETALLIC NODULES
The Third United Nations Conference on the Law of the Sea,
Having adopted the Convention on the Law of the Sea (the Convention),
Having established by resolution I the Preparatory Commission for the
International Sea-Bed Authority and for the International Tribunal for the Law of
the Sea (the Commission) and directed it to prepare draft rules, regulations and
procedures, as necessary to enable the Authority to commence its functions, as well
as to make recommendations for the early entry into effective operation of the
Enterprise,
Desirous of making provision for investments by States and other entities made
in a manner compatible with the international r~gime set forth in Part XI of the
Convention and the Annexes relating thereto, before the entry into force of the
Convention,
Recognizing the need to ensure that the Enterprise will be provided with the
funds, technology and expertise necessary to enable it to keep pace with the States
and other entities referred to in the preceding paragraph with respect to
activities in the Area,
Decides as follows:
l. For the purposes of this resolutions
(a) pioneer investor refers tot
(i) France, India, Japan and the Union of Soviet Socialist Republics, or
a state enterprise of each of those States or one natural or
juridical person which possesses the nationality of or is
effectively controlled by each of those States, or their nationals,
provided that the State concerned signs the Convention and the State
or state enterprise or natural or juridical person has expended,
before I January 1983, an amount equivalent to at least
$Us 30 million (United States dollars calculated in constant dollars
relative to 1982) in pioneer activities and has expended no less
than I0 per cent of that amount in the location, survey and
evaluation of the area referretd o in paragraph 3 (a)
(ii) four entities, whose components being natural or juridical persons «
possess the nationality of one or more of the following States, or
are effectively controlled by one or more of then or their
nationals: Belgium, Canada, the Federal Republic of Germany, Italy,
Japan, the Netherlands, the United Kingdom of Great Britain and
« For their identity and composition see Sea-bed mineral resource
developments recent activities of the international Consortia and addendum,
published by the Department of International Economic and Social Affairs of the
United Nations (ST/ESA/IO7 and Aid.).
Vol. 1835, 1-31363
284 - * - Northern Ireland, and the United States of America, provided that
the concerned has expended, before 1 January 1983, the levels of
expenditure for the purpose stated in subparagraph (i);
iii) any developing State which signs the Convention or any state
enterprise or natural or juridical person which possesses the
nationality of such State or is effectively controlled by it
or its nationals, or any group of the foregoing, which, before
1 January 1985, has expended the levels of expenditure for the
purpose stated in subparagraph (i);
The rights of the pioneer investor may devolve upon its successor in interest.
b) 'coemmitments other assets, investigations, findings, research, engineering development
Pioneer activites include:
(i) any at-sea observation and evaluation activity which has as its
of the
the designing, fabricating and testing "certifying State" means a State which signs the Convention, standing in
certifies
the levels of expenditure specified in subparagraph (a);
'polymetallic nodules" means one of the resources of the Area consisting
{'pioneer area' by Ci) end of the third from
after the
award of a production authorization, whichever is earlier;
Cf) "Area", 'Authority, "activities in the Area' 'resources" in the Convention.
Vol. 1835, 1-31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s
Northern Ireland, and the United States of America, provided that
certifying State or States sign the Convention and the entity
concerned has expended, before I January 1983, the levels of
expenditure for the purpose stated in subparagraph (i);
(iii) any developing State which signs the Convention or any state
enterprise or natural or juridical person which possesses the
nationality of such State or is effectively controlled by it
or its nationals, or any group of the foregoing, which, before
I January 1985, has expended the levels of expenditure for the
purpose stated in subparagraph (i);
1994
The rights of the pioneer investor may devolve upon its successor in interest.
(b) "pioneer activities" means undertakings, commitments of financial and
other assets, investigations, findings, research, engineering development
and other activities relevant to the identification, discovery, and
systematic analysis and evaluation of polymetallic nodules and to the
determination of the technical and economic feasibility of exploitation.
Pioneer activites include:
(i) any at-sea observation and evaluation activity which has as its
objective the establishment and documentation of the nature, shape,
concentration, location and grade of polymetallic nodules and of the
environmental, technical and other appropriate factors which must be
taken into account before exploitation;
(ii) the recovery from the Area of polymetallic nodules with a view to
of equipment which is
intended to be used in the exploitation of polymetallic nodules;
(c) certifying State means a State which signs the Convention, standing in
the same relation to a pioneer investor as would a sponsoring State
pursuant to Annex III, article 4, of the Convention and which certifies
the levels of expenditure specified in subparagraph a)
(d) polymetallic nodules means one of the resources of the Area consisting
of any deposit or accretion of nodules, on or just below the surface of
the deep sea-bed, which contain manganese, nickel, cobalt and copper;
(e) pioneer area means an area allocated the Commission to a pioneer
investor for pioneer activities pursuant to this resolution. A pioneer
area shall not exceed 150,000 square kilometres. The pioneer investor
shall relinquish portions of the pioneer area to revert to the Area, in
accordance with the following schedule:
(i) 20 per cent of the area allocated by the end of the third year from
the date of the allocation;
(ii) an additional 10 per cent of the area allocated by the end of the
fifth year from the date of the allocation;
(iii) an additional 20 per cent of the area allocated or such larger
amount as would exceed the exploitation area decided upon by the
Authority in its rules, regulations and procedures, after eight
years from the date of the allocation of the area or the date of the
award of a production authorization, whichever is earlier;
(f) Area, "Authority, activities in the Area and resources have the
meanings assigned to those terms 31363
United Nations Treaty Series * Nations Unies - Recueil des Traits
As may apply to the Commission on its behalf or on behalf of any state
enterprise or entity or natural or juridical person specified in paragraph l(a) for
registration as a pioneer investor. The Commission shall register the applicant as
a pioneer investor if the application:
(a) a such level of expenditure issued by a certifying State or States; and
b) is in conformity with the other provisions of this resolution, including
paragraph 5.
3. area which need not be a
single continuous area, sufficiently large and of sufficient estimated
shall
to both
inter alia, information
their metal content. In dealing with such data, the Commission and its
of the
Convention and its Annexes concerning the confidentiality of data.
b) by Commission of in accordance with the Convention for the conduct of activities in the
Area by the Authority through the Enterprise or in association with
No more
be 1 (a) a) Convention State shall ensure, before making applications to the
Commission under paragraph 2, that areas in respect of which applications
are areas. The States concerned shall keep the Commission currently
and fully informed of any efforts to resolve conflicts with respect to
overlapping claims and of the results thereof.
b) (c) The prospective certifying States, including all potential claimants,
a) 1 1 by 1 for a juridical person of its nationality to represent it in the
arbitration. The arbitral tribunal may, for good cause, extend the
Vol. 1835, 1-31363
11999944 United Nations - Treaty Series • Nations Unies -- Recucil des Trait~s 285
2. soon as the Commission begins to function, any State which has signed
the Convention may apply to the Commission on its behalf or on behalf of any state
enterprise or entity or natural or juridical person specified in paragraph l(a) for
registration as a pioneer investor. The Commission shall register the applicant as
a pioneer investor if the application:
(a) is accompanied, in the case of State which has signed the Convention,
by a statement certifying the level of expenditure made in accordance
with paragraph l(a), and, in all other cases, a certificate concerning
such level of expenditure issued by a certifying State or States; and
(b) is in conformity with the other provisions of this resolution, including
paragraph 5.
3, (a) Every application shall cover a total area which need not be a
single continuous area, sufficiently large and of sufficient estimated
commercial value to allow two mining operations. The application shall
indicate the co-ordinates of the area defining the total area and
dividing it into two parts of equal estimated commercial value and shall
contain all the data available to the applicant with respect to both
parts of the area. Such data shall include, inter alia, information
relating to mapping, testing, the density of polymetallic nodules and
their metal content. In dealing with such data, the Commission and its
staff shall act in accordance with the relevant provisions of the
Convention and its Annexes concerning the confidentiality of data.
(b) Within 45 days of receiving the data required subparagraph (a), the
Commissicn shall designate the part the area which is to be reserved
in accordance with the Convention for the conduct of activities in the
Area by the Authority through the Enterprise or in association with
developing States. The other part of the area shall be allocated to the
pioneer investor as a pioneer area.
4. pioneer investor may be registered in respect of more than one pioneer
area. In the case of a pioneer investor which is made up of two or more
components, none of such components may apply to registered as a pioneer
investor in its own right or under paragraph l (iii).
5. (a) Any State which has signed the Convention and which is a prospective
certifying State shall ensure, before making applications to the
Commission under paragraph 2, that areas in respect of which applications
are made do not overlap one another or areas previously allocated as
pioneer areas. The States concerned shall keep the Commission currently
and fully informed of any efforts to resolve conflicts with respect to
overlapping claims and of the results thereof.
(b) Certifying States shall ensure, before the entry into force of the
Convention, that pioneer activities are conducted in a manner compatible
with it.
(c) The prospective certifying States, including all potential claimants,
shall resolve their conflicts as required under subparagraph (a) by
negotiations within a reasonable period. If such conflicts have not been
resolved by l March 1983, the prospective certifying States shall arrange
for the submission of all such claims to binding arbitration in
accordance with UNCITRAL Arbitration Rules to commence not later than
l May 1983 and to be completed l December 1984. If one of the States
concerned does not wish to participate in the arbitration, it shall
arrange for a juridical person of its nationality to represent it in the
arbitration. The arbitral tribunal may, for good cause, extend the
deadline for the making of the award for one or more 30-day periods.
- Treaty * Recueil Traitis
d) In determining the issue as to which applicant involved in a conflict
be awarded or part of area in conflict, the tribunal shall find fair and equitable, having
the the
prospective certifying State or States not later than adoption of the Final Act or 1 January 1983, whichever is earliery
extent of past activities relevant to each area
conflict ard to the application area of which it is a part;
(iii) area;
area which it is part; v the time when those activities carried out and the quality of
activities.
6. A from 7. (a) Every applicant for registration as a pioneer investor shall pay to
the Commission a fee SUS 250,000. When the pioneer investor to the Authority for plan of work for exploration and exploitation the
fee referred to in Annex III, article 13, paragraph 2, of the Convention
be SUS pay an annual fee of
SUS 1 million commencing from the date of the allocation of the area. The payments shall be made by the pioneer investor to Authority upon the approval of its plan of work for exploration plan of work shall be adjusted to take account of the payments made
c) determined by the size of the pioneer area and the expenditures which would expected
of a bona fide operator who intends to bring that area into commercial
a) in accordance with 11, of
of work for exploration and
exploitation, in accordance with the Convention. The plan of work in
on the requirements, concerning
Vol. 1835, 1-31363
286 United Nations Treaty Series • Nations Unies - Recueil des Trait~s 11999944
(d) In determining the issue as to which applicant involved in a conflict
shall all each arbitral
a solution which is regard, with respect to each applicant involved in conflict, to the
following factors:
(i) the deposit of the list of relevant co-ordinates with the
the date of
adoption of the Pinal Act or I January 1983, whichever is earlier
(ii) the continuity and extent of past activities relevant to each area
in conflict and to the application area of which it is a part;
iii) the date on which each pioneer investor concerned or predecessor in
interest or component organization thereof commenced activities at
sea in the application area
(iv) the financial cost of activities measured in constant United States
dollars relevant to each area in conflict and to the application
area of which it is a part and
(v) were activities,
pioneer investor registered pursuant to this resolution shall, the
date of registration, have the exclusive right to carry out pioneer activities in
the pioneer area allocated to it.
of $US applies
to the Authority for a plan of work for exploration and exploitation the
fee referred to in Annex III, article l3, paragraph 2, of the Convention
shall $Us 250,000.
(b) Every registered pioneer investor shall pay an annual fixed fee of
$Us I million commencing from the date of the allocation of the pioneer
by the
and
exploitation. The financial arrangements undertaken pursuant to such
be pursuant to this paragraph.
(c) Every registered pioneer investor shall agree to incur periodic
expenditures, with respect to the pioneer area allocated to it, until
approval of its plan of work pursuant to paragraph 8, of an amount to be
the Commission. The amount should be reasonably related to
the size of the pioneer area and the expenditures which would be expected
of a bona fide operator production within a reasonable time.
8. (a) Within six months of the entry into force of the Convention and
certification by the Commission in accordance with paragraph ll, of
compliance with this resolution, the pioneer investor so registered shall
apply to the Authority for approval of a plan of work for exploration and
respect of such application shall comply with and be governed by the
relevant provisions of the Convention and the rules, regulations and
procedures of the Authority, including those on the operational
the financial requirements and the undertakings the transfer of technology. Accordingly, the Authority shall approve
such application.
- * - Recueil Traitks 287
(b) When an application for approval of a plan of work is submitted by an
entity other than a State, pursuant to subparagraph (a), the certifying
State or States shall be purposes of Annex III, article 4, of the Convention, and c) No Ih entities referred 1 ii), the Convention. If any such State fails to ratify the Convention within
six months after it has received notification from the Authority that
an application by it, or sponsored by it, is pending, its status as pioneer investor or certifying State, as the case may be, shall
terminate, unless the Council, by a majority of three fourths of its
members present and voting, decides to postpone the terminal date for a
9. a) 151 investors approval Enterprise which shall be entitled to production mine sites 151, Convention. After each of the pioneer investors has obtained production
theEnterprise
contained in Annex III, article 7, 6, (b) Production authorizations shall be issued to each pioneer 30 that it will commence commercial production within five years. If pioneer years for reasons beyond its control, it shall Technical Commission for an extension of COmmission grant the extension of time, for period not exceeding years originally planned. Nothing in this subparagraph shall prevent the
Enterprise that it will commence commercial a (c) If the Authority, upon being given notice, pursuant b),
determines that the commencement of commercial 151, paragraphs 2
to 7, allowed the production ceiling.
d) begin commerical production at the same time and article 151,
7; pioneer investors concerned. Within to apportion 1 835,1 -31363
1994 United Nations Treaty Series • Nations Unies Recneil des Trait~s
a (a), deemed to be the sponsoring State for the
shall thereupon
assume such obligations.
(c) plan of work for exploration and exploitation shall be approved unless
the certifying State is a Party to the Convention. Ii the case of the
to in paragraph l (a) (ii), the plan of work for
exploration and exploitation shall not be approved unless all the States
whose natural or juridical persons comprise those entities are Parties to
to a by a
by period not exceeding six months.
9, (a) In the allocation of production authorizations, in accordance with
article 15l and Annex III, article 7, of the Convention, the pioneer
who have obtained epproval of plans of work for exploration and
exploitation shall have priority over all applicants other than the
authorizations for two
including that referred to in article l5l, paragraph 5, of the
authorization for its first mine site, the priority for the.Enterprise
paragraph of the Convention shall
apply.
b) investor within
days of the date on which that pioneer investor notifies the Authority
that it will commence a
investor is unable to begin production within the period of five
apply to the Legal and
time. That Commission shall
a five and
not subject to further extension, if it is satisfied that the pioneer
investor cannot begin on an economically viable basis at the time
or any other pioneer applicant, who has notified the Authority
production within five years, from being
given priority over any applicant who has obtained an extension of time
under this subparagraph.
to subparagraph (b),
production within five
years would exceed the production ceiling in article 15l, paragraphs 2
of the Convention, the applicant shall hold a priority over any
other applicant for the award of the next production authorization
allowed by the production ceiling.
(d) If two or more pioneer investors apply for production authorizations to
l5l,
paragraphs 2 to 7, of the Convention, would not permit all such
production to commence simultaneously, the Authority shall notify the
three months of such notification,
they shall decide whether and, if so, what extent they wish to
the allowable tonnage among themselves.
Vol. 1835, 1-31363
- Treaty * - Traitks
subsequent applications for production authorizations will be granted
to shall award each of them a production authorization for such lesser
of the applicant will be approved and their full production
soon as capacity sufficient for the applicants involved in the competition. All
applicant is no longer subject to the reduction of production provided
for in this subparagraph.
If the parties fail reach agreement 10. (a) Any rights acquired by entities or natural or juridical persons
or States whose status as certifying State has been terminated, shall
within six months of the date of such termination, as provided for in
subparagraph (c).
from existing at the time of its registration as a pioneer investor to that of
any State Party to the Convention which has effective control over the
pioneer investor in terms of paragraph 1 (a).
c) not affect any or priority conferred on a pioneer investor pursuant
to paragraphs 6 and 8.
11. a) provisions of this resolution referred to in paragraph 8; and
b) 11 allocations of pioneer this resolution.
entities:
a) every registered pioneer investor shall:
(i) carry out exploration, at the request of the Commission, in the area
reserved, pursuant paragraph 3 in connection with its
application, for activities in the Area by the Authority through the
Enterprise or in association with developing States, on the basis
costs so incurred plus interest thereon at the rate of
10 per cent per annu shall reimbursed;
31363
228888 United Nations Treaty Series • Nations Unies Recueil des Trait~s 11999944
(e) If, pursuant to subparagraph (d), the pioneer investors concerned decide
not to apportion the available production among themselves they shall
agree on an order of priority for production authorizations and all
subsequent applications for production authorizations will be granted
after those referred in this subparagraph have been approved.
(f) If, pursuant to subparagraph (d), the pioneer investors concerned decide
to apportion the available production among themselves, the Authority
shall award each of them a production authorization for such lesser
quantity as they have agreed. In each case the stated production
requirements of the applicant will be approved and their full production
will be allowed as soon the production ceiling admits of additional
capacity sufficient for the applicants involved in the competition. All
subsequent applications for production authorizations will only be
granted after the requirements of this subparagraph have been met and the
applicant is no longer subject to the reduction of production provided
for in this subparagraph.
(g) If the parties fail to reach agreement within the stated time period, the
matter shall be decided immediately by the means provided for in
paragraph 5(c) in accordance with the criteria set forth in Annex III,
article 7, paragraphs 3 and 5, of the Convention.
10. (a) Any rights acquired by entities or natural or juridical persons
which possess the nationality of or are effectively controlled by a State
or States whose status as certifying State has been terminated, shall
lapse unless the pioneer investor changes its nationality and sponsorship
within six months of the date of such termination, as provided for in
subparagraph (c).
(b) A pioneer investor may change its nationality and sponsorship fro that
existing at the time of its registration as a pioneer investor to that of
any State Party to the Convention which has effective control over the
pioneer investor in terms of paragraph l (a).
(c) Changes of nationality and sponsorship pursuant to this paragraph shall
not affect any right or priority conferred on a pioneer investor pursuant
to paragraphs 6 and 8.
l1. The Commission shall:
(a) provide each pioneer investor with the certificate of compliance with the
provisions of this resolution referred to in paragraph 8; and
(b) include in its final report required by paragraph 1l of resolution I of
the Conference details of all registrations of pioneer investors and
allocations of pioneer areas pursuant to this resolution.
12. In order to ensure that the Enterprise is able to carry out activities in
the Area in such a manner as to keep pace with States and other entities;
(a) every registered pioneer investor shall:
(i) carry out exploration, at the request of the Commission, in the area
reserved, pursuant to paragraph 3 in connection with its
application, for activities in the Area by the Authority through the
Enterprise or in association with developing States, on the basis
that the l0 per cent per annum shall be reimbursed;
Vol. 1835, 1-31363
* Traitks
ii) iii) the obligations prescribed in the technology
(b) every certifying State shall:
i) ensure that the necessary funds are made available to the Enterprise
with the Convention, upon its forcel ii) report periodically to the Commission on the activities carried out
it, its entities or natural or juridical persons.
13. from this resolution and the decisions Comnission 14. 13, until the entry into force of the Convention.
15. from III, 6,
c), Convention.
The Third United Nations Conference on the Law of the Sea,
Having regard to the Convention on the Law of the Sea,
Bearing in mind the Charter of the United Nations, in particular Article 73,
1. Declares that:
(a) of a independence or other self-governing status recognized by the United
Nations, or a territory under colonial domination, provisions concerning
rights and interests under the Convention shall be implemented for the
benefit of the people of the territory with a view to promoting their
well-being and development.
(b) Where a dispute exists between States over the sovereignty of a territory
to which this resolution applies, in respect of which the United Nations
has recommended specific of settlement, there shall be
consultations between the parties to that dispute regarding the exercise
(a). interests of the of the territory concerned shall be fundamental
Any of those relevant resolutions of the United Nations and shall be without prejudice
position make every effort to enter into provisional arrangements of a practical
nature and shall not jeopardize or hamper the reaching of a final
settlement of the dispute.
Requests resolution to the attention of all Members of the United Nations and the other
in the Conference, as well Nations, and to request their compliance with 1994 United Nations - Treaty Series • Nations Unies - Recueil des Trait~s 289
(ii) provide training at all levels for personnel designated by the
Commission;
(iii) undertake before the entry into force of the Convention, to perform
the obligations prescribed in the Convention relating to transfer of
technology
(i) in a timely manner in accordance entry
into forcer and
(ii) by it, by its entities or natural or juridical persons.
13, The Authority and its organs shall recognize and honour the rights and
obligations arising of the Commission taken
pursuant to it.
14, Without prejudice to paragraph this resolution shall have effect
Nothing in this resolution shall derogate fro Annex article paragraph 3 (c), of the Convention,
RESOLUTION III
l, Declares that;
(a) In the case a territory whose people have not attained full
governing by be being s means of the rights referred to in subparagraph In such consultations the
people a consideration. exercise rights shall take into account the
to the of any party to the dispute. The States concerned shall
2. the Secretary-General of the United Nations to bring this
participants in the Conference, as well as the principal organs of the United
it.
Vol. 1835, 1-31363
290 United Nations - Treaty Series * Nations Unies - Traitis 1994
RESOLUTION Conference the of the Sea,
Bearing in participate in accordance Decides that national movements, have been United Conference the be to
sign Vol. 1835, 1-31363
United Nations -- Treaty Series • Nations Unies Recueil des Trait~s
RESOLUTION IV
The Third United Nations Conference on the Law pf the Ses,
1994
Bearing in mind that national liberation movements have been invited to
participate in the Conference as observers in accordance with rule 62 of its rules
of procedure,
Dee±deg that the national liberation movements, which have been participating
in the Third United Nations Conference on the Law of the Sea, shall be entitled to
sign the Final Act of the Conference, in their capacity as observers.
vol. 1835, 1-31363
- * - Recueil Traitis
Annex II
STATENT OF TO The Law of Considerinq 1) beneath the rise; and
Takinq at the maximum distance permissible in accordance with the provisions of
4 (a) thereby;
Recoqnizes defined latitude and
not 1 kilometre,
Where by be where its outer edge would lie
4 ii), to be governed the terms of this
matters related to the establishment
Bay of 1835, 11999944 United Nations Treaty Series • Nations Unies Recneil des Trait~s
Annex II
STATEMENT OP UNDERSTANDING CONCERNING A SPECIFIC METHOD BE
USED IN ESTABLISHING THE OUTER EDGE OF THE CONTINENTAL MARGIN
291
The_ Third United Nations Conference on the Lay pf the Sea,
Considering the special characteristics of a State's continental margin
where: (l) the average distance at which the 200 metre isobath occurs is not more
than 20 nautical miles; (2) the greater proportion of the sedimentary rock of the
continental margin lies beneath the rise; and
Taing into account the inequity that would result to that State from the
application to its continental margin of article 76 of the Convention, in that, the
mathematical average of the thickness of sedimentary rock along a line established
at the maximum distance permissible in accordance with the provisions of
paragraph a) (i) and (ii) of that article as representing the entire outer edge
of the continental margin would not be less than 3.5 kilometres; and that more than
half of the margin would be excluded thereby
Recognizes that such State may, notwithstanding the provisions of article 76,
establish the outer edge of its continental margin by straight lines not exceeding
60 nautical miles in length connecting fixed points, defined by latitude and
longitude, at each of which the thickness of sedimentary rock is not less than
l kilometre,
where a State establishes the outer edge of its continental margin applying
the method set forth in the preceding paragraph of this statement, this method may
also utilized by a neighbouring State for delineating the outer edge of its
continental margin on a common geological feature, where its outer edge would lie
on such feature on a line established at the maximum distance permissible in
accordance with article 76, paragraph (a) (i) and (ii), along which the
mathematical average of the thickness of sedimentary rock is not less than
3.5 kilometres,
The Conference requests the Commission on the Limits of the Continental Shelf
set up pursuant to Annex II of the Convention, to be governed by the terms of this
Statement when making its recommendations on matters related to the establishment
of the outer edge of the continental margins of these States in the southern part
of the Ray cf Bengal.
Vol. 1-31363
292 - * - Traitis I
Considering Sim6n early champion Considering Sim6n justice as foundations for the peace and progress of
an Decides to pay a public tribute of admiration and respect to Sim6n Bolivar the
Law
of the Sea.
Vol. 1835, 1-31363
United Nations Treaty Series • Nations Unies -- Recueil des Trait~s
Annex III
TRIBUTE TO SIMON BOLIVAR THE LIBERATOR
The Third United Nations Conference on the Law of the Sea,
1994
that 24 July 1974 marks a further anniversary of the birth of
Sim~n Bolivar, the Liberator, a man of vision and of international
organization, and a historic figure of universal dimensions,
further that the work of Sim~n Bolivar the Liberator, based on the
concepts of liberty and peoples, has left indelible mark on history and constitutes a source of constant
inspiration,
Sim~n Liberator, in the plenary meeting of the Third United Nations Conference on the 31363
- e - Traitks
Annex TO OFFICIALS OF of Bearing cradle of Sim6n Bolivar, Liberator of five nations, who devoted his life to
fighting for the self-determination of peoples, equality among States as the expression of their common destiny,
by most favourable of brotherhood and Dec ides
I. To express to His Excellency the President of the Republic of Venezuela,
among nations Sim6n 1994 United Nations -- Treaty Series • Nations Unies Recueil des Trait~s
IV
RESOLUTION EXPRESSING GRATITUDE THE PRESIDENT, THE GOVERNMENT
AND OFFICIALS OF VENEZUELA
The Third United Nations Conference on the Law pf the Sea,
293
Bearing in mind that its second session was held in the city of Caracas,
cradle of Sim~n Bolivar, Liberator oft five nations, who devoted his life to
fighting for the self-determination of peoples, equality among States and justice
as the expression of their common destiny,
Acknowledging with keen appreciation the extraordinary effort made the
Government and the people of Venezuela, which enabled the Conference to meet in the
most favourable spirit of brotherhood and in unparalled material conditions,
l. To express to His Excellency the President of the Republic of Venezuela,
the President and members of the Organizing Committee of the Conference and the
Government and people of Venezuela its deepest gratitude for the unforgettable
hospitality which they have offered it;
2. To give voice to its hope that the ideals of social justice, equality
among nations and solidarity among peoples advocated by the Liberator Sim~n Bolivar
will serve to guide the future work of the Conference.
Vol. 1835, 1-31363
Series * Unies - Recueil Traitis 1994
Annex V
TRIBUTE AMPBICTYONIC OF PANAMA
The Conference at session,
the current anniversary of the Amphictyonic Congress of Panama, convoked by the Liberator
Sim6n Bolivar for the laudable and visionary purpose of uniting the Latin American
peoples,
of of of union development of nations,
further the Panama constructive Greek and Decides to of the Sea, acknowledging Vol. 1835. 1-31363
294 United Nations - Treaty Series • Nations Unies Recneil des Trait~s 1994
TRIBUTE TO THE AMPHICTYONIC CONGRESS OP The Third United Nations Conference on the Law of the Sea, at its fifth
session,
Considering that the current year 1976 marks the one hundred and fiftieth
anniversary of the Amphictyonic Congress of Panama, convoked by the Liberator
Sim~n Bolivar for the laudable and visionary purpose of uniting the Latin American
peoples,
Considering likewise that a spirit of universality prevailed at the Congress
of Panama, which was ahead of its time and which foresaw that only on the basis of
union and reciprocal co-operation is it possible to guarantee peace and promote the
development of nations,
Considering further that the Congress of Panams evoked the prestigious and
constructive Greek Amphictyony and anticipated the ecumenical and creative image of
the United Nations,
Decides to render to the Amphictyonic Congress of Panama, in a plenary meeting
of the Third United Nations Conference on the Law of Sea, at its fifth session,
a public tribute acknowledging its expressive historic significance.
Vol. 1835, 1-31363
* - Traitis
TECENOLOGY Recognizing Law regime international economic order through making provision for the
Bearing in mind that the new rdgime must take into account, in particular, the
land-locked, or geographically disadvantaged,
Aware of the rapid advances being made in the field of marine land-locked
or geographically disadvantaged, to share in these achievements if the
aforementioned goals are to be met,
new Believing that optimum application of technology scientific knowledge available to them,
through which States and, in
partiular, the developing countries, foster and conduct marine scientific
disseminate the special role of the competent international organizations
envisaged by the Convention on the Law of the Sea, especially in relation to the
technological centres,
that present efforts undertaken within the United Nations system in
would particularly
organizations to promote and
their major international assistance programmes aimed at strengthening
1. to determine appropriate priorities in their
upon 1994 United Nations - Treaty Series • Nations Unies Recueil des Trait~s
Annex VI
RESOLUTION ON DEVELOPMENT OF NATIONAL MARINE SCIENCE,
TECHNOLOGY AND OCEAN SERVICE INFRASTRUCTURES
295
The Third United Nations Conference on the Law of the Sea,
that the Convention on the of the Sea is intended to establish
a new r~gime for the seas and oceans which will contribute to the realization of a
just and equitable international economic order through making provision for the
peaceful use of ocean space, the equitable and efficient management and utilization
of its resources, and the study, protection and preservation of the marine
environment,
r~gime special needs and interests of the developing countries, whether coastal,
land-locked, or geographically disadvantaged,
science and
technology, and the need for the developing countries, whether coastal, landlocked
or geographically disadvantaged, to share in these achievements if the
aforementioned goals are to be met,
Convinced that, unless urgent measures are taken, the marine scientific and
technological gap between the developed and the developing countries will widen
further and thus endanger the very foundations of the new r~gime,
utilization of the new opportunities for social and
economic development offered by the new r~gime will be facilitated through action
at the national and international level aimed at strengthening national
capabilities in marine science, technology and ocean services, particularly in the
developing countries, with a view to ensuring the rapid absorption and efficient
application of technology and scientific knowledge available to them,
Considering that national and regional marine scientific and technological
centres would be the principal institutions through which States and, in
particular, the developing countries, foster and conduct marine scientific
research, and receive and disseninate marine technology,
Recognizing the special role of the competent international organizations
envisaged by the Convention on the Law of the Sea, especially in relation to the
establishment and development of national and regional marine scientific and
technological centres,
Noting that present efforts undertaken within the United Nations system in
training, education and assistance in the field of marine science and technology
and ocean services are far below current requirements and would be particularly
inadequate to meet the demands generated through operation of the Convention on the
Law of the Sea,
Welcoming recent initiatives within international organizations to promote and
co-ordinate their major international assistance programmes aimed at strengthening
marine science infrastructures in developing countries,
l. Calls upon all Member States to determine appropriate priorities in their
development plans for the strengthening of their marine science, technology and
ocean services;
2. Calls the developing countries to establish programmes for the
promotion of technical co-operation among themselves in the field of marine
science, technology and ocean service development;
Vol. 1835, 1-31363
296 - * - Traitis 1994
3. Urges countries to programmes;
Development Programme, the United Nations Financing System for Science and
5. Reco(rmends that all competent international organizations within the
system assistance to developing countries in the field of marine science
and implementation. of prograues, special locked Requests resolution to the General Assembly at its thirty-seventh session.
1 835,1 -31363
United Nations Treaty Series • Nations Unies Recueil des Trait~s the industrialized assist the developing countries in
the preparation and implementation of their marine science, technology and ocean
service development programmes
4. Recommends that the World Bank, the regional banks, the United Nations
Technology and other multilateral funding agencies augment and co-ordinate their
operations for the provision of funds to developing countries for the preparation
and implementation of major programmes of assistance in strengthening their marine
science, technology and ocean services;
Recommends that United Nations expand programmes within their respective fields of
competence for assistance to developing countries in the field of marine science
technology and ocean services co-ordinate their efforts on a system-wide basis
in the implementation·of such programmes, paying particular attention to the
needs of the developing countries, whether coastal, land-locked or
geographically disadvantaged;
6. the Secretary-General of the United Nations to transmit this
seventh Vol. 1835, 1-31363
1994 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 297
Appendix
OBSERVERS PARTICIPATING AT THE CONFERENCE
States and territories
Cook Islands (third and tenth sessions)
Netherlands Antilles (third to resumed seventh sessions, resumed eighth
session, ninth and eleventh sessions)
Papua New Guinea (third session)
Seychelles (fifth session)
Suriname (third session)
Trust Territory of the Pacific Islands (third to eleventh sessions)
Liberation movements
African National Congress (South Africa)
African National Council (Zimbabwe)
African Party for the Independence of Guinea and Cape Verde Islands (PAIGC)
Palestine Liberation Organization
Pan Africanist Congress of Azania (South Africa)
Patriotic Front (Zimbabwe)
Seychelles People's United Party (SPUP)
South West Africa People's Organization (SWAPO)
Specialized agencies and other organizations
International Labour Organisation (ILO)
Food and Agricultural Organization of the United Nations (FAO)
United Nations Educational, Scientific and Cultural Organization (UNESCO)
Intergovernmental Oceanographic Commission (IOC)
International Civil Aviation Organization (ICAO)
World Health Organization (WHO)
World Bank
International Telecommunication Union (ITU)
World Meteorological Organization (WM0)
International Maritime Organization (DIO)
World Intellectual Property Organization (WIPO)
International Atomic Energy Agency (IAEA)
Intergovernmental organizations
Andes Development Corporation
Asian-African Legal Consultative Committee
Commonwealth Secretariat
Council of Arab Economic Unity
Vol. 1835, 1-31363
1994 United Nations - Treaty Series • Nations Unies Recueil des Trait~s
Appendix
OBSERVERS PARTICIPATING AT THE CONFERENCE
297
States and territories
Cook Islands (third and tenth sessions)
Netherlands Antilles (third to resumed seventh sessions, resumed eighth
session, ninth and eleventh sessions)
Papua New Guinea (third session)
Seychelles (fifth session)
Suriname (third session)
Trust Territory of the Pacific Islands (third to eleventh sessions)
Liberation movements
African National Congress (South Africa)
African National Council (Zimbabwe)
African Party for the Independence of Guinea and Cape Verde Islands (PAIGC)
Palestine Liberation Organization
Pan Africanist Congress of Azania (South Africa)
Patriotic Front (Zimbabwe)
Seychelles People's United Party (sPuP)
South West Africa People's Organization (SWAPO)
Specialized agencies and other organizations
International Labour Organisation (ILO)
Food and Agricultural Organization of the United Nations (FAO)
United Nations Educational, Scientific and Cultural organization (UNESCO)
Intergovernmental Oceanographic Commission (I0C)
International Civil Aviation Organization (ICAO)
World Health Organization (WHO)
world Bank
International Telecommunication Union (ITU)
World Meteorological Organization (WMO)
International Maritime Organization (IMO)
world Intellectual Property Organization (WIPO)
••••
International Atomic Energy gency (IAEA)
Intergovernmental organizations
Andes Development Corporation
Asian-African Legal Consultative Committee
Commonwealth Secretariat
Council of Arab Economic Unity
vol. 1835, 1-31363
- e - Traitks 1994
Coamunities
Inter-American Development Bank
Bureau
Fund
Arab Unity
Arab Excporting OrganizAtion Pacific
Sudanese Red Commission
Community
Non-governmental organizations
Category I
International Chamber of Commerce
International Confederation of Free International International Council of Voluntary International International Youth World Confederation of Labour
World Federation of United World Category II
Bahili International Community
Baptist World Alliance
Peace
Conmission of the Churches on International Affairs
Foundation for the Peoples of Cc mittee Inter-American Council International Association Vol. 1835,1- 31363
298 United Nations -- Treaty Series • Nations Unies Recueil des Trait~s
Council of Europe
European Communities
Inter-American Development Bank
International Hydrographic International Oil Pollution Compensation League of States
Organization of African unity
Organization of American States
Organization of Petroleum Exporting Countries
Organization of the Islamic Conference
Organization for Economic Co-operation and Development
Organization of Petroleum Exporting Countries
Permanent Commission for the South Saudi-Sudanese Sea Joint West African Economic Nongovernmental category. International Chamber of Commerce
International Confederation of Free Trade Unions
International Co-operative Alliance
International Council of Voluntary Agencies
International Council of Women
International Youth and Student Movement for the
United Nations
United Towns Organization
world Confederation World Federation of United Nations Associations
world Muslim Congress
Cat~gOEY Arab Lawyers Union
Bah~'i Carnegie Endowment for International Commission Foundation for the Peoples of the South Pacific, Inc., The
Friends World Committee for Consultation
Inter-American Council of Commerce and Production
International Air Transport Association
International Association for Religious Freedom
1835, 1-
Treaty * Recueil Traitis
Comuission International Co-operation for International Council of Environmental Law
International Huaan Law International Movement for Fraternal Union among Racds UFER)
Latin American Mutual Assistance the Latin American Government Oil Companies (ARPEL)
UPADI)
Pax Christi, S3)
Women's and Roster
Asian Environmental Society
Foresta F.O.E.)
United Seamen's Service
World Federation Workers
World VoL 1835,1 -31363
1994 United Nations - Treaty Series • Nations Unies - Recueil des Trait~s
International Bar Association
International Chamber of Shipping
International Commission of Jurists
operation Socio-Economic Development
Lav
Council of Scientific Unions
International Federation for Human Rights
International Hotel Association
International Association
Rac~s and Peoples (UFER)
International Organization of Consumers' Unions
International Union for Conservation of Nature and Natural Resources
Association of Finance Development Institutions (ALIDE)
of Pan American Federation of Engineering Societies (UPADI)
International Catholic Peace Movement
Society for International Development (SID)
women's International League for Peace and Freedom
World Alliance of Young Men's Christian Associations
World Association of World Federalists
World Conference on Religion Peace
World Peace Through Law Centre
World Young Women's Christian Association
Center for Inter-American Relations
Commission to Study the Orgarization of Peace
Institute for Ocean and Mountain Studies
Friends of the Earth (F.O.E.)
International Institute for Environment and Development
International Ocean Institute
International Studies Association
National Audubon Society
Population Institute
Sierra Club
United Seamen's Service
world Federaticn of Scientific workers
world Society of Ekistics
299
VoL 1835, 1-31363
No. 31364
MULTILATERAL
Agreement relating to the implementation of Part XI of the
United Nations Convention on the Law of the Sea of
10 December 1982 (with annex). Adopted by the General
Assembly of the United Nations on 28 July 1994
Authentic texts: Arabic, Chinese, English, French, Russian and Spanish.
Registered ex officio on 16 November 1994.
MULTILATERAL
Accord relatif i l'application de la Partie XI de la Convention
des Nations Unies sur le droit de la mer du 10 decembre
1982 (avec annexe). Adoptk par l'Assemblee g~nerale des
Nations Unies le 28 juillet 1994
Textes authentiques : arabe, chinois, anglais, fran(ais, russe et espagnol.
Enregistr6 d'office le 16 novembre 1994.
Vol. 1836, 1-31364
No. 31364
MULTILATERAL
Agreement relating to the implementation of Part XI of the
United Nations Convention on the Law of the Sea of
10 December 1982 (with annex). Adopted by the General
Assembly of the United Nations on 28 July 1994
Authentic texts: Arabic, Chinese, English, French, Russian and Spanish.
Registered ex officio on 16 November 1994.
MULTILAT~RAL
Accord relatif a l'applicatiou de la Partie XI de la Convention
des Nations Uuies sur le droit de la mer du 10 d~cembre
1982 (avec aunexe). Adopt~ par lAssembl~e g~n~rale des
Nations Uuies le 28 juillet 1994
Textes authentiques : arabe, chinois, anglais, fran~ais, russe et espagnol.
Enregistr~ d'office le 16 novembre 1994.
Vol. 1836, 1-31364
United Nations - Treaty Series * Nations Unies - Recueil des Trait~s
AGREEMENT' RELATING TO THE IMPLEMENTATION OF PART XI
OF THE UNITED NATIONS CONVENTION ON THE LAW OF
THE SEA OF 10 DECEMBER 19822
The States Parties to this Agreement,
Recognizing the important contribution of the United Nations
Convention on the Law of the Sea of 10 December 1982 (hereinafter
referred to as "the Convention") to the maintenance of peace, justice
and progress for all peoples of the world,
Reaffirming that the seabed and ocean floor and subsoil thereof,
beyond the limits of national jurisdiction (hereinafter referred to as
"the Area"), as well as the resources of the Area, are the comnon
heritage of mankind,
I Came into force provisionally on 16 November 1994 for the following States and regional economic integration
organization which had by that date consented to its adoption in the General Assembly of the United Nations (*), signed,
notified the Secretary-General of its provisional application or had acceded to it, in accordance with article 7 (1):
Signature Signature
Participant affixed on Participant affixed on
Afghanistan*
Albania*
Algeria* ......................... 29 July 1994
Andorra*
Argentina* ...................... 29 July 1994
Armenia*
Australia* ....................... 29 July 1994
Austria* ........................ 29 July 1994
Baham as* ....................... 29 July 1994
Bahrain*
Bangladesh*
Barbados* ....................... 15 November 1994
Belarus*
Belgium* ........................ 29 July 1994
Belize*
Benin*
Bhutan*
Bolivia*
Botswana*
Brunei Darussalam*
Burundi*
Cambodia*
Canada* ........................ 29 July 1994
Cape Verde* ..................... 29 July 1994
Chile*
China* .......................... 29 July 1994
Congo*
C6te d'lvoire*
Cuba*
Czech Republic* ................. 16 November 1994
Egypt*
Eritrea*
Estonia*
Ethiopia*
European Community* ........... 29 July 1994
Fiji* ............................ 29 July 1994
Finland* ........................ 29 July 1994
Vol. 1836, 1-31364
France* ......................... 29 July 1994
Gabon*
Germany* ....................... 29 July 1994
Ghana*
Greece* ......................... 29 July 1994
Grenada* ........................ 14 November 1994
Guinea* ......................... 26 August 1994
Guyana*
Honduras*
Hungary*
Iceland* ......................... 29 July 1994
India* ........................... 29 July 1994
Indonesia* ....................... 29 July 1994
Iraq*
Italy* ........................... 29 July 1994
Jamaica* ......................... 29 July 1994
Japan* .......................... 29 July 1994
Kenya*
Kuwait*
Lao People's Democratic Republic*. 27 October 1994
Libyan Arab Jamahiriya*
Liechtenstein*
Luxembourg* .................... 29 July 1994
Madagascar*
Malaysia* ........................ 2 August 1994
Maldives* ........................ 10 October 1994
M alta* .......................... 29 July 1994
Marshall Islands*
Mauritania* ...................... 2 August 1994
Mauritius*
Micronesia, Federated States of* ... 10 August 1994
Monaco*
Mongolia* ....................... 17 August 1994
Mozambique*
Myanmar*
Namibia* ........................ 29 July 1994
(Continued on page 43)
42 United Nations -- Treaty Series • Nations Unies -- Recueil des Trait~s 11999944
AGREEMENT1 RELATING TO THE IMPLEMENTATION OF PART XI
OF THE UNITED NATIONS CONVENTION ON THE LAW OF
THE SEA OF 10 DECEMBER 19822
The States Parties to this Agreement,
Recognizing the important contribution of the United Nations
Convention on the Law of the Sea of 10 December 1982 (hereinafter
referred to as "the Convention") to the maintenance of peace, justice
and progress for all peoples of the world,
Reaffirming that the seabed and ocean floor and subsoil thereof,
beyond the limits of national jurisdiction (hereinafter referred to as
"the Area"), as well as the resources of the Area, are the common
heritage of mankind,
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
1994
29 July
29 July
29 July
29 July
29 July
29 July
29 July
29 July
29 July
29 July
29 July
29 July
1 Came into force provisionally on 16 November 1994 for the following States and regional economic integration
organization which had by that date consented to its adoption in the General Assembly of the United Nations (), signed,
notified the Secretary-General of its provisional application or had acceded to it, in accordance with article 7 (D:
Signature Signature
affixed on Participant affixed on
France• , .. , 29 July 1994
Gabon
1994 Germany• 29 July
Ghana
1994 Greece• 29 July 1994
Grenada* 14 November 1994
Guinea• 26 August 1994
Guyana
Honduras
Hungary
Iceland* 29 July
15 November 1994 India* .................•......... 29 July
Indonesia• 29 July
1994 Iraq
Italy* 29 July
Jamaica• 29 July
Japan• .........•................ 29 July
Kenya
Kuwait
Lao People's Democratic Republic. 27 October 1994
Libyan Arab Jamahiriya
Liechtenstein
1994 Luxembourg• 29 July
1994 Madagascar
Malaysia• 2 August
1994 Mal dives•. . . . . . . . . . . . . . . . . . . . . . .. 10 October
Malta* 29 July
Marshall Islands
Mauritania•. . . . . . . . . . . . . . . . . . . . . . 2 August
16 November 1994 Mauritius
Micronesia, Federated States of ... 10 Augnst
Monaco
Mongolia• 17 Augnst
Mozambique
Myanmar
Namibia• 29 July 1994
(Continued on page 43)
Participant
Afghanistan
Albania
Algeria• , .
Andorra
Argentina• ...........•..........
Armenia
Australia• .
Austria ..... , , , .
Bahamas• .
Bahrain
Bangladesh
Barbados• , .
Belarus
Belgium........................
Belize
Benin
Bhutan
Bolivia
Botswana
Brunei Darussalam
Burundi
Cambodia
Canada* , .
Cape Verde* .
Chile
China• .
Congo
Cote d'Ivoire
Cuba
Czech Republic .........•.......
Egypt
Eritrea
Estonia
Ethiopia
European Community ...........
Fiji• , .. , .
Finland* .
Vol. 1836, 1-31364
1994 United Nations - Treaty Series e Nations Unies - Recueil des Traitks 43
Mindful of the importance of the Convention for the protection and
preservation of the marine environment and of the growing concern for
the global environment,
Having considered the report of the Secretary-General of the United
Nations on the results of the informal consultations among States held
from 1990 to 1994 on outstanding issues relating to Part XI and related
provisions of the Convention (hereinafter referred to as "Part XI"),
Noting the political and economic changes, including
market-oriented approaches, affecting the implementation of Part XI,
Wishing to facilitate universal participation in the Convention,
Considering that an agreement relating to the implementation of
Part XI would best meet that objective,
Have agreed as follows:
Article 1
Implementation of Part XI
1. The States Parties to this Agreement undertake to implement Part XI
in accordance with this Agreement.
2. The Annex forms an integral part of this Agreement.
(Footnote I continued from page 42)
Participant
Nepal*
Netherlands* .................... 29 Jt
New Zealand* ................... 29 Jt
Nigeria* ......................... 25 O
Norway*
Oman*
Pakistan* ........................ 10A
Papua New Guinea*
Paraguay* ....................... 29 J
Philippines* ..................... 15 l,
Qatar*
Republic of Korea* ............... 7 l,
Republic of Moldova*
Samoa*
Senegal* ........................ 9 A
Seychelles* ...................... 29 J
Sierra Leone*
Singapore*
Slovakia* ....................... 14 Ns
South Africa* .................... 30
Sri Lanka* ...................... 29 J
Signature Signature
affixed on Participant affixed on
Sudan* .......................... 29 July
uly 1994 Suriname*
uly 1994 Swaziland* ....................... 12 October
)ctober 1994 Switzerland* ..................... 26 October
The former Yugoslav Republic of
Macedonia*
ugust 1994 Togo* ........................... 3 August
Trinidad and Tobago* ............. 10 October
uly 1994 Tunisia*
lovember 1994 Uganda* ......................... 9 August
lovember 1994 UUnkirtaeidn e* Arab Emirates*
United Kingdom of Great Britain
ugust 1994 and Northern Ireland* ........... 29 July
uly 1994 United Republic of Tanzania* ...... 7 October
United States of America* ......... 29 July
Vanuatu* ........................ 29 July
lovember 1994 Viet Nam*
9ctober 1994 Zambia* ......................... 13 October
uly 1994 Zimbabwe* ...................... 28 October
2 United Nations, Treaty Series, vols. 1833, 1834 and 1835, No. 1-31363.
Vol. 1836, 1-31364
1994 United Nations -Treaty Series • Nations Unies Recueil des Trait~s 43
Mindful of the importance of the Convention for the protection and
preservation of the marine environment and of the growing concern for
the global environment,
Having considered the report of the Secretary-General of the United
Nations on the results of the informal consultations among States held
from 1990 to 1994 on outstanding issues relating to Part XI and related
provisions of the Convention (hereinafter referred to as "Part XI"),
Noting the political and economic changes, including
market-oriented approaches, affecting the implementation of Part XI,
Wishing to facilitate universal participation in the Convention,
Considering that an agreement relating to the implementation of
Part XI would best meet that objective,
Have agreed as follows:
Article 1
Implementation pf Part XI
1, The States Parties to this Agreement undertake to implement Part XI
in accordance with this Agreement.
2. The Annex forms an integral part of this Agreement.
(Footnote l continued from page 42)
Signature Signature
Parcipant affixed on Parcipant affixed on
Nepal* Sudan* 29 July 1994
Netherlands* . . . . . . . . . . . . . . . . . . . . 29 July 1994 Suriname*
New Zealand* 29 July 1994 Swaziland* 12 October 1994
Nigeria*. .. .. .. . . . .. . . . .. . . . . . . . . 25 October 1994 Switzerland* 26 October 1994
Norway The former Yugoslav Republic of
Oman Macedonia
Pakistan*. . .. .. . . .. .. . . . .. .. . . . . . 10 August 1994 Togo• . . . . .. .. . . .. .. .. .. . .. . .. . . . 3 August 1994
Papua New Guinea 29 July 1994 Trinidad and Tobago• 10 October 1994
Paraguay.. · · · · · · · · · · · · · · · · · · · · · Tunisia
Philippines* 15 November 1994 U d • l994
Qatar* uf:in:; . . . . . . . . . . . . . . . . . . . . . . . . 9 August
Republic of Korea•. . . . . . . . . . . . . . . 7 November 1994 United Arab Emirates* Republic of Moldova•
Samoa United Kingdom of Great Britain
Senegal* . . . . . . . . . . . . . . . . . . . . . . . . 9 August 1994 and Northern Ireland* 29 July 1994
Seychelles* 29 July 1994 United Republic of Tanzania* 7 October 1994
Sierra Leone* United States of America* 29 July 1994
Singapore Vanuatu 29 July 1994
Slovakia* . . . . . . . . . . . . . . . . . . . . . . . 14 November 1994 Viet Nam
South Africa*.................... 3 October 1994 Zambia* 13 October 1994
Sri Lanka* 29 July 1994 Zimbabwe* 28 October 1994
2 United Nations, Treaty Series, vols. 1833, 1834 and 1835, No. 1-31363.
Vol. 1836. 1-31364
44 United Nations - Treaty Series * Nations Unies - Recueil des Traitis 1994
Article 2
Relationship between this Agreement and Part XI
1. The provisions of this Agreement and Part XI shall be interpreted
and applied together as a single instrument. In the event of any
inconsistency between this Agreement and Part XI, the provisions of this
Agreement shall prevail.
2. Articles 309 to 319 of the Convention shall apply to this Agreement
as they apply to the Convention.
Article 3
Signature
This Agreement shall remain open for signature at United Nations
Headquarters by the States and entities referred to in article 305,
paragraph 1 (a), (c), (d), (e) and (f), of the Convention for 12 months
from the date of its adoption.
Article 4
Consent to be bound
1. After the adoption of this Agreement, any instrument of
ratification or formal confirmation of or accession to the Convention
shall also represent consent to be bound by this Agreement.
2. No State or entity may establish its consent to be bound by this
Agreement unless it has previously established or establishes at the
same time its consent to be bound by the Convention.
3. A State or entity referred to in article 3 may express its consent
to be bound by this Agreement by:
(a) Signature not subject to ratification, formal confirmation or
the procedure set out in article 5;
(b) Signature subject to ratification or formal confirmation,
followed by ratification or formal confirmation;
Vol. 1836. 1-31364
44 United Nations -- Treaty Series • Nations Unies -- Recueil des Trait~s
Article 2
Relationship between this Agreement and Part XI
1994
1. The provisions of this Agreement and Part XI shall be interpreted
and applied together as a single instrument. In the event of any
inconsistency between this Agreement and Part XI, the provisions of this
Agreement shall prevail.
2. Articles 309 to 319 of the Convention shall apply to this Agreement
as they apply to the Convention.
Article 3
Signature
This Agreement shall remain open for signature at United Nat ions
Headquarters by the States and entities referred to in article 305,
paragraph 1 (a), (0), (d), (e) and (f), of the Convention for 12 months
from the date of its adoption.
Article 4
Consent to be bound
1. After the adoption of this Agreement, any instrument of
ratification or formal confirmation of or accession to the Convention
shall also represent consent to be bound by this Agreement.
2. No State or entity may establish its consent to be bound by this
Agreement unless it has previously established or establishes at the
same time its consent to be bound by the Convention.
3. A State or entity referred to in article 3 may express its consent
to be bound by this Agreement by:
(a) Signature not subject to ratification, formal confirmation or
the procedure set out in article 5;
(b) Signature subject to ratification or formal confirmation,
followed by ratification or formal confirmation;
Vol. 1836, 1-31364
- e - Recueil Traitks (c) Signature subject to the procedure set out in article 5; or
(d) Accession.
paragraph 1 (f), of the Convention shall be in accordance with IX
of the Convention.
5. The instruments of ratification, formal confirmation or accession
shall be deposited with the Secretary-General of the United Nations.
Article 5
Simplified procedure
of the
adoption of this Agreement an instrument of ratification or formal
has signed this
Agreement in accordance with article 4, paragraph 3 (c), shall considered to have established its consent to be bound by this Agreement
12 months after the date of its adoption, unless that State or entity
notifies the depositary in writing before that date that it is not
availing itself the simplified procedure set out in this article.
2. In the event of such notification, consent to be bound by this
Agreement shall be established in accordance with article paragraph 3 (b).
Article Entry into force
1. This Agreement shall enter into force 30 days after the date on
which 40 States have established their consent to be bound in accordance
with articles and 5, provided that such States include at least seven
of the States referred to in paragraph 1 (a) of resolution II of the
Third United Nations Conference on the Law of the Sea (hereinafter
referred to as "resolution II") and that at least five of those States
are developed States. If these conditions for entry into force are
fulfilled before 16 November 1994, this Agreement shall enter into force
on 16 November 1994.
1994 United Nations -- Treaty Series • Nations Unies -Recueil des Trait~s
(c) Signature subject to the procedure set out in article 5; or
(d) Accession.
45
4. Formal confirmation by the entities referred to in article 305,
paragraph 1 (f), of the Convention shall be in accordance with Annex IX
of the Convention.
5. The instruments of ratification, formal confirmation or accession
shall be deposited with the Secretary-General of the United Nations.
Article 5
Simplified procedure
1. A State or entity which has deposited before the date of the
adoption of this Agreement an instrument of ratification or formal
confirmation of or accession to the Convention and which has signed this
Agreement in accordance with article 4, paragraph 3 (c), shall be
considered to have established its consent to be bound by this Agreement
12 months after the date of its adoption, unless that State or entity
notifies the depositary in writing before that date that it is not
availing itself of the simplified procedure set out in this article.
2. In the event of such notification, consent to be bound by this
Agreement shall be established in accordance with article 4,
paragraph 3 (b).
Article 6
Entry into force
1. This Agreement shall enter into force 30 days after the date on
which 40 States have established their consent to be bound in accordance
with articles 4 and 5, provided that such States include at least seven
of the States referred to in paragraph l (a) of resolution II of the
Third United Nations COnference on the Law of the Sea (hereinafter
referred to as "resolution II") and that at least five of those States
are developed States. If these conditions for entry into force are
fulfilled before 16 November 1994, this Agreement shall enter into force
on 16 November 1994.
Vol. 1836, 1-31364
46 - 9 Recueil Traitis 2. For each State or entity establishing its consent to be bound by
this Agreement after the requirements set out in paragraph 1 have been
fulfilled, this Agreement shall enter into force on the thirtieth day
following the date of establishment of its consent to be bound.
Article 7
Provisional application
1994 this Agreement has not entered into force,
pending its entry into force by:
a) in the General
the United Nations, except any such State which before
16 November 1994 notifies the depositary in writing either that it will
not so apply this Agreement or that it will consent to such application
only upon subsequent signature or notification in writing;
(b) States and entities which sign this Agreement, except any such
State or entity which notifies the depositary in writing at the time of
signature that it will not so apply this Agreement;
(c) States and entities which consent to its provisional
application by notifying the depositary in writing;
(d) States which accede to this Agreement.
2. All such States and entities shall apply this Agreement
provisionally in accordance with their national or internal laws and
regulations, with effect from 16 1994 or the date of signature,
notification of consent or accession, ,if later.
application shall terminate upon the date of entry into
force of this Agreement. In any event, provisional application shall
terminate on 16 November 1998 if at that date the requirement in
article 6, paragraph 1, of consent to be bound by this Agreement by at
least seven of the States (of which at least five must be developed
States) referred to in paragraph (a) of resolution II has not been
fulfilled.
Vol. 1836, 1-31364
United Nations Treaty Series • Nations Unies - Recueil des Trait~s 1994
2. For each State or entity establishing its consent to be bound by
this Agreement after the requirements set out in paragraph 1 have been
fulfilled, this Agreement shall enter into force on the thirtieth day
following the date of establishment of its consent to be bound.
Article 7
Provisional application
1. If on 16 November 1994 this Agreement has not entered into force,
it shall be applied provisionally pending its entry into force by:
(a) States which have consented to its adoption in the General
Assembly of the United Nations, except any such State which before
16 November 1994 notifies the depositary in writing either that it will
not so apply this Agreement or that it will consent to such application
only upon subsequent signature or notification in writing;
(b) States and entities which sign this Agreement, except any such
State or entity which notifies the depositary in writing at the time of
signature that it will not so apply this Agreement;
(c) States and entities which consent to its provisional
application by so notifying the depositary in writing;
(d) States which accede to this Agreement.
2. All such States and entities shall apply this Agreement
provisionally in accordance with their national or internal laws and
regulations, with effect from 16 November 1994 or the date of signature,
notification of consent or accession, ·if later.
3. Provisional application shall terminate upon the date of entry into
force of this Agreement. In any event, provisional application shall
terminate on 16 November 1998 if at that date the requirement in
article 6, paragraph 1, of consent to be bound by this Agreement by at
least seven of the States (of which at least five must be developed
States) referred to in paragraph 1 (a) of resolution II has not been
fulfilled.
1994 United Nations - Treaty Series e Nations Unies - Recueil des Traitis 47
Article 8
States Parties
1. For the purposes of this Agreement, "States Parties" means States
which have consented to be bound by this Agreement and for which this
Agreement is in force.
2. This Agreement applies mutatis mutandis to the entities referred to
in article 305, paragraph 1 (c), (d), (e) and (f), of the Convention
which become Parties to this Agreement in accordance with the conditions
relevant to each, and to that extent "States Parties" refers to those
entities.
Article 9
Depositary
The Secretary-General of the United Nations shall be the depositary
of this Agreement.
Article 10
Authentic texts
The original of this Agreement, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall
be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly
authorized thereto, have signed this Agreement.
DONE AT NEW YORK, this .. day of July, one thousand nine hundred
and ninety-four.
[For the signatures, seep. 132 of this volume.]
Vol. 1836, 1-31364
1994 United Nations -Treaty Series • Nations Unies -Recueil des Trait~s
Article 8
States Parties
47
1. For the purposes of this Agreement, "States Parties" means States
which have consented to be bound by this Agreement and for which this
Agreement is in force.
2. This Agreement applies mutatismutandis to the entities referred to
in article 305, paragraph 1 (c), (d), (e) and (f), of the Convention
which become Parties to this Agreement in accordance with the conditions
relevant to each, and to that extent 'States Parties" refers to those
entities.
Article 9
Depositary
The Secretary-General of the United Nations shall be the depositary
of this Agreement.
Article 10
Authentic texts
The original of this Agreement, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall
be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly
authorized thereto, have signed this Agreement.
DONE AT NEW YORK, this A' day of July, one thousand nine hundred
and ninety-four.
[For the signatures, seep. 132 of this volume.)
Vol. 1836, 1-31364
48 - - - Trait6s 1. COSTS AND
ARRANGEMENTS
1. The International Seabed Authority (hereinafter referred to as "the
Authority") is the organization through which States Parties to the
Convention shall, in accordance with the regime for the Area established
in Part XI and this Agreement, organize and control activities in the
Area, particularly with a view to administering the resources of the
Area. The powers and functions of the Authority shall be those
expressly conferred upon it by the Convention. The Authority shall have
such incidental powers, consistent with the Convention, as are implicit
in, and necessary for, the exercise of those powers and functions with
respect to activities in the Area.
2. In order to minimize costs to States Parties, all organs and
subsidiary bodies to be established under the Convention and this
Agreement shall cost-effective. This principle shall also apply to
the frequency, duration and scheduling of meetings.
3. The setting up and the functioning of the organs and subsidiary
bodies of the Authority shall be based on an evolutionary approach,
taking into account the functional needs of the organs and subsidiary
bodies concerned in order that they may discharge effectively their
respective responsibilities at various stages of the development of
activities in the Area.
4. The early functions of the Authority upon entry into force of the
Convention shall be carried out by the Assembly, the Council, the
Secretariat, the Legal and Technical Commission and the Finance
Committee. The functions of the Economic Planning Commission shall be
performed by the Legal and Technical Commission until such time as the
Council decides otherwise or until the approval of the first plan of
work for exploitation.
the entry into force of the Convention and the approval of
the first plan of work for exploitation, the Authority shall concentrate
on:
(a) Processing of applications for approval of plans of work for
exploration in accordance with Part XI and this Agreement;
Vol. 1836, 1-31364
United Nations Treaty Series • Nations Unies Recueil des Trait~s
ANNEX
SECTION 1 • 00STS TO STATES PARTIES ANO
INSTITUTIONAL ARRANGEMENTS
1994
1. The International Seabed Authority (hereinafter referred to as "the
Authority") is the organization through which States Parties to the
Convention shall, in accordance with the regime for the Area established
in Part XI and this Agreement, organize and control activities in the
Area, particularly with a view to administering the resources of the
Area. The powers and functions of the Authority shall be those
expressly conferred upon it by the Convention. The Authority shall have
such incidental powers, consistent with the Convention, as are implicit
in, and necessary for, the exercise of those powers and functions with
respect to activities in the Area.
2. In order to minimize costs to States Parties, all organs and
subsidiary bodies to be established under the Convention and this
Agreement shall be cost-effective. This principle shall also apply to
the frequency, duration and scheduling of meetings.
3. The setting up and the functioning of the organs and subsidiary
bodies of the Authority shall be based on an evolutionary approach,
taking into account the functional needs of the organs and subsidiary
bodies concerned in order that they may discharge effectively their
respective responsibilities at various stages of the development of
activities in the Area.
4. The early functions of the Authority upon entry into force of the
Convention shall be carried out by the Assembly, the Council, the
Secretariat, the Legal and Technical Commission and the Finance
Committee. The functions of the Economic Planning Commission shall be
performed by the Legal and Technical Commission until such time as the
Council decides otherwise or until the approval of the first plan of
work for exploitation.
5. Between the entry into force of the Convention and the approval of
the first plan of work for exploitation, the Authority shall concentrate
on:
(a) Processing of applications for approval of plans of work for
exploration in accordance with Part XI and this Agreement;
1994 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 49
(b) Implementation of decisions of the Preparatory Commission for
the International Seabed Authority and for the International Tribunal
for the Law of the Sea (hereinafter referred to as "the Preparatory
Commission") relating to the registered pioneer investors and their
certifying States, including their rights and obligations, in accordance
with article 308, paragraph 5, of the Convention and resolution II,
paragraph 13;
(c) Monitoring of compliance with plans of work for exploration
approved in the form of contracts;
(d) Monitoring and review of trends and developments relating to
deep seabed mining activities, including regular analysis of world metal
market conditions and metal prices, trends and prospects;
(e) Study of the potential impact of mineral production from the
Area on the economies of developing land-based producers of those
minerals which are likely to be most seriously affected, with a view to
minimizing their difficulties and assisting them in their economic
adjustment, taking into account the work done in this regard by the
Preparatory Commission;
(f) Adoption of rules, regulations and procedures necessary for
the conduct of activities in the Area as they progress. Notwithstanding
the provisions of Annex III, article 17, paragraph 2 (b) and (c), of the
Convention, such rules, regulations and procedures shall take into
account the terms of this Agreement, the prolonged delay in commercial
deep seabed mining and the likely pace of activities in the Area;
(g) Adoption of rules, regulations and procedures incorporating
applicable standards for the protection and preservation of the marine
environment;
(h) Promotion and encouragement of the conduct of marine
scientific research with respect to activities in the Area and the
collection and dissemination of the results of such research and
analysis, when available, with particular emphasis on research related
to the environmental impact of activities in the Area;
(M) Acquisition of scientific knowledge and monitoring of the
development of marine technology relevant to activities in the Area, in
particular technology relating to the protection and preservation of the
marine environment;
Vol 1836, 1-31364
1994 United Nations -Treaty Series • Nations Unies - Recueil des Trait~s 49
(b) Implementation of decisions of the Preparatory Commission for
the International Seabed Authority and for the International Tribunal
for the Law of the Sea (hereinafter referred to as "the Preparatory
Commssion") relating to the registered pioneer investors and ther
certifying States, including their rights and obligations, in accordance
with article 308, paragraph 5, of the Convention and resolution II,
paragraph 13;
(c) Monitoring of compliance with plans of work for exploration
approved in the form of contracts;
(d) Monitoring and review of trends and developments relating to
deep seabed mining activities, including regular analysis of world metal
market conditions and metal prices, trends and prospects;
(e) Study of the potential impact of mineral production from the
Area on the economies of developing land-based producers of those
minerals which are likely to be most seriously affected, with a view to
minimizing their difficulties and assisting them in their economic
adjustment, taking into account the work done in this regard by the
Preparatory Commission;
(f) Adoption of rules, regulations and procedures necessary for
the conduct of activities in the Area as they progress. Notwithstanding
the provisions of Annex III, article 17, paragraph 2 (b) and (c), of the
Convention, such rules, regulations and procedures shall take into
account the terms of this Agreement, the prolonged delay in commercial
deep seabed mining and the likely pace of activities in the Area;
(g) Adoption of rules, regulations and procedures incorporating
applicable standards for the protection and preservation of the marine
environment;
(h) Promotion and encouragement of the conduct of marine
scientific research with respect to activities in the Area and the
collection and dissemination of the results of such research and
analysis, when available, with particular emphasis on research related
to the environmental impact of activities in the Area;
(i) Acquisition of scientific knowledge and monitoring of the
development of marine technology relevant to activities in the Area, in
particular technology relating to the protection and preservation of the
marine environment;
Vol 1836, 1-31364
50 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 1994
(j) Assessment of available data relating to prospecting and
exploration;
(k) Timely elaboration of rules, regulations and procedures for
exploitation, including those relating to the protection and
preservation of the marine environment.
6. (a) An application for approval of a plan of work for exploration
shall be considered by the Council following the receipt of a
recommendation on the application from the Legal and Technical
Commission. The processing of an application for approval of a plan of
work for exploration shall be in accordance with the provisions of the
Convention, including Annex III thereof, and this Agreement, and subject
to the following:
(i) A plan of work for exploration submitted on behalf of a State
or entity, or any component of such entity, referred to in
resolution II, paragraph 1 (a) (ii) or (iii), other than a
registered pioneer investor, which had already undertaken
substantial activities in the Area prior to the entry into
force of the Convention, or its successor in interest, shall
be considered to have met the financial and technical
qualifications necessary for approval of a plan of work if the
sponsoring State or States certify has
expended an amount equivalent to at least US$ 30 million in
research and exploration activities and has expended no less
than 10 per cent of that amount in the location, survey and
evaluation of the area referred to in the plan of work. If
the plan of work otherwise satisfies the requirements of the
Convention and any rules, regulations and procedures adopted
pursuant thereto, it shall be approved by the Council in the
form of a contract. The provisions of section paragraph 11, of this Annex shall be interpreted and applied
accordingly;
(ii) Notwithstanding the provisions of resolution 1I,
paragraph 8 (a), a registered pioneer investor may request
approval of a plan of work for exploration within 36 months of
the entry into force of the Convention. The plan of work for
exploration shall consist of documents, reports and other data
submitted to the Preparatory Commission both before and after
registration and shall be accompanied by a certificate of
compliance, consisting of a factual report describing the
status of fulfilment of obligations under the pioneer regime, issued by the Preparatory Commission in accordance
Vol. 1836, 1-31364
so United Nations - Treaty Series • Nations Unies Recueil des Trait~s 1994
(j) Assessment of available data relating to prospecting and
exploration;
(k) Timely elaboration of rules, regulations and procedures for
exploitation, including those relating to the protection and
preservation of the marine environment.
6. (a) An application for approval of a plan of work for exploration
shall be considered by the Council following the receipt of a
recommendation on the application from the Legal and Technical
Commission, The processing of an application for approval of a plan of
work for exploration shall be in accordance with the provisions of the
Convention, including Annex III thereof, and this Agreement, and subject
to the following:
(i) A plan of work for exploration submitted on behalf of a State
or entity, or any component of such entity, referred to in
resolution II, paragraph 1 (a) (ii) or (iii), other than a
registered pioneer investor, which had already undertaken
substantial activities in the Area prior to the entry into
force of the Convention, or its successor in interest, shall
be considered to have met the financial and technical
qualifications necessary for approval of a plan of work if the
sponsoring State or States certify that the applicant has
expended an amount equivalent to at least 30 million in
research and exploration activities and has expended no less
than 10 per cent of that amount in the location, survey and
evaluation of the area referred to in the plan of work. If
the plan of work otherwise satisfies the requirements of the
Convent ion and any rules, regulations and procedures adopted
pursuant thereto, it shall be approved by the Council in the
form of a contract. The provisions of section 3,
paragraph 11, of this Annex shall be interpreted and applied
accordingly;
(ii) Notwithstanding the provisions of resolution II,
paragraph 8 (a), a registered pioneer investor may request
approval of a plan of work for exploration within 36 months of
the entry into force of the Convention. The plan of work for
exploration shall consist of documents, reports and other data
submitted to the Preparatory Commission both before and after
registration and shall be accompanied by a certificate of
compliance, consisting of a factual report describing the
status of fulfilment of obligations under the pioneer investor
regime, issued by the Preparatory Commission in accordance
Vol. 1836, 1-31364
United Nations - * - Traitis of work
to be approved. Such an approved plan of
between the
Authority and the registered pioneer investor in accordance
Agreement. The fee of US$ 250,000 paid
pursuant to resolution II, paragraph 7 (a), shall be deemed to
be the fee relating to the exploration phase pursuant to
section 8, paragraph 3, of this Annex. Section 3,
paragraph 11, of this Annex shall be interpreted and applied
accordingly;
(iii) In accordance with the principle of non-discrimination, a
contract with a State or entity or any component of such
entity referred to in subparagraph (a) (i) shall include
arrangements which shall be similar to and no less favourable
than those agreed with any registered pioneer investor
referred to in subparagraph (a) (ii). If any of the States or
of such entities referred to in
subparagraph (a) (i) are granted more favourable arrangements,
the Council shall make similar and no less favourable
arrangements with regard to the rights and obligations assumed
by the registered pioneer investors referred to in
subparagraph (a) (ii), provided that such arrangements do not
affect or prejudice the interests of the Authority;
(iv) A State sponsoring an application for a plan of work pursuant
to the provisions of subparagraph (a) (i) or (ii) may be a
State Party or a State which is applying this Agreement
provisionally in accordance with article 7, or a State which
is a member of the Authority on a provisional basis in
accordance with paragraph 12;
(v) Resolution II. paragraph 8 (c), shall be interpreted and
applied in accordance with subparagraph (a) (iv).
(b) The approval of a plan of work for exploration shall be in
153, paragraph 3, of the Convention.
7. An application for approval of a plan of work shall be accompanied
by an assessment of the potential environmental impacts of the proposed
activities and by a description of a programme for oceanographic and
baseline environmental studies in accordance with the rules, regulations
and procedures adopted by the Authority.
31364
1994 - Treaty Series Nations Unies Recueil des Trait~s 51
with resolution II, paragraph 11 (a). Such a plan of work
shall be considered to be approved. Such an approved plan of
work shall be in the form of a contract concluded between the
Authority and the registered pioneer investor in accordance
with Part XI and this Agreement. The fee of 250,000 paid
pursuant to resolution II, paragraph 7 (a), shall be deemed to
be the fee relating to the exploration phase pursuant to
section 8, paragraph 3, of this Annex. Section 3,
paragraph 11, of this Annex shall be interpreted and applied
accordingly;
(iii) In accordance with the principle of non-discrimination, a
contract with a State or entity or any component of such
entity referred to in subparagraph (a) (i) shall include
arrangements which shall be similar to and no less favourable
than those agreed with any registered pioneer investor
referred to in subparagraph (a) (ii). If any of the States or
entities or any components of such entities referred to in
subparagraph (a) (i) are granted more favourable arrangements,
the Council shall make similar and no less favourable
arrangements with regard to the rights and obligations assumed
by the registered pioneer investors referred to in
subparagraph (a) (ii), provided that such arrangements do not
affect or prejudice the interests of the Authority;
(iv) A State sponsoring an application for a plan of work pursuant
to the provisions of subparagraph (a) (i) or (ii) may be a
State Party or a State which is applying this Agreement
provisionally in accordance with article 7, or a State which
is a member of the Authority on a provisional basis in
accordance with paragraph 12;
(v) Resolution II, paragraph 8 (c), shall be interpreted and
applied in accordance with subparagraph (a) (iv).
(b) The approval of a plan of work for exploration shall be in
accordance with article 153, paragraph 3, of the Convention,
7. An application for approval of a plan of work shall be accompanied
by an assessment of the potential environmental impacts of the proposed
activities and by a description of a programme for oceanographic and
baseline environmental studies in accordance with the rules, regulations
and procedures adopted by the Authority.
Vol. 1836, 1-31364
52 United Nations - Treaty Series * Nations Unies - Recueil des Traitis 1994
8. An application for approval of a plan of work for exploration,
subject to paragraph 6 (a) (i) or (ii), shall be processed in accordance
with the procedures set out in section 3, paragraph 11, of this Annex.
9. A plan of work for exploration shall be approved for a period of
15 years. Upon the expiration of a plan of work for exploration, the
contractor shall apply for a plan of work for exploitation unless the
contractor has already done so or has obtained an extension for the plan
of work for exploration. Contractors may apply for such extensions for
periods of not more than five years each. Such extensions shall be
approved if the contractor has made efforts in good faith to comply with
the requirements of the plan of work but for reasons beyond the
contractor's control has been unable to complete the necessary
preparatory work for proceeding to the exploitation stage or if the
prevailing economic circumstances do not justify proceeding to the
exploitation stage.
10. Designation of a reserved area for the Authority in accordance with
Annex III, article 8, of the Convention shall take place in connection
with approval of an application for a plan of work for exploration or
approval of an application for a plan of work for exploration and
exploitation.
11. Notwithstanding the provisions of paragraph 9, an approved plan of
work for exploration which is sponsored by at least one State
provisionally applying this Agreement shall terminate if such a State
ceases to apply this Agreement provisionally and has not become a member
on a provisional basis in accordance with paragraph 12 or has not become
a State Party.
12. Upon the entry into force of this Agreement, States and entities
referred to in article 3 of this Agreement which have been applying it
provisionally in accordance with article 7 and for which it is not in
force may continue to be members of the Authority on a provisional basis
pending its entry into force for such States and entities, in accordance
with the following subparagraphs:
(a) If this Agreement enters into force before 16 November 1996,
such States and entities shall be entitled to continue to participate as
members of the Authority on a provisional basis upon notification to the
depositary of the Agreement by such a State or entity of its intention
to participate as a member on a provisional basis. Such membership
shall terminate either on 16 November 1996 or upon the entry into force
of this Agreement and the Convention for such member, whichever is
Vol 1836, 1-31364
52 United Nations -- Treaty Series • Nations Unies Recueil des Trait~s 1994
8. An application for approval of a plan of work for exploration,
subject to paragraph 6 (a) (i) or (ii), shall be processed in accordance
with the procedures set out in section 3, paragraph 11, of this Annex.
9. A plan of work for exploration shall be approved for a period of
15 years. Upon the expiration of a plan of work for exploration, the
contractor shall apply for a plan of work for exploitation unless the
contractor has already done so or has obtained an extension for the plan
of work for exploration. Contractors may apply for such extensions for
periods of not more than five years each. Such extensions shall be
approved if the contractor has made efforts in good faith to comply with
the requirements of the plan of work but for reasons beyond the
contractor's control has been unable to complete the necessary
preparatory work for proceeding to the exploitation stage or if the
prevailing economic circumstances do not justify proceeding to the
exploitation stage.
10. Designation of a reserved area for the Authority in accordance with
Annex III, article 8, of the Convention shall take place in connect ion
with approval of an application for a plan of work for exploration or
approval of an application for a plan of work for exploration and
exploitation.
11. Notwithstanding the provisions of paragraph 9, an approved plan of
work for exploration which is sponsored by at least one State
provisionally applying this Agreement shall terminate if such a State
ceases to apply this Agreement provisionally and has not become a member
on a provisional basis in accordance with paragraph 12 or has not become
a State Party.
12. Upon the entry into force of this Agreement, States and entities
referred to in article 3 of this Agreement which have been applying it
provisionally in accordance with article 7 and for which it is not in
force may continue to be members of the Authority on a provisional basis
pending its entry into force for such States and entities, in accordance
with the following subparagraphs:
(a) If this Agreement enters into force before 16 November 1996,
such States and entities shall be entitled to continue to participate as
members of the Authority on a provisional basis upon notification to the
depositary of the Agreement by such a State or entity of its intention
to participate as a member on a provisional basis. Such membership
shall terminate either on 16 November 1996 or upon the entry into force
of this Agreement and the Convention for such member, whichever is
Vol 1836, 1-31364
1994 United Nations - Treaty Series e Nations Unies - Recueil des Traitks 53
earlier. The Council may, upon the request of the State or entity
concerned, extend such membership beyond 16 November 1996 for a further
period or periods not exceeding a total of two years provided that the
Council is satisfied that the State or entity concerned has been making
efforts in good faith to become a party to the Agreement and the
Convention;
(b) If this Agreement enters into force after 15 November 1996,
such States and entities may request the Council to grant continued
membership in the Authority on a provisional basis for a period or
periods not extending beyond 16 November 1998. The Council shall grant
such membership with effect from the date of the request if it is
satisfied that the State or entity has been making efforts in good faith
to become a party to the Agreement and the Convention;
(c) States and entities which are members of the Authority on a
provisional basis in accordance with subparagraph (a) or (b) shall apply
the terms of Part XI and this Agreement in accordance with their
national or internal laws, regulations and annual budgetary
appropriations and shall have the same rights and obligations as other
members, including:
i) The obligation to contribute to the administrative budget of
the Authority in accordance with the scale of assessed
contributions;
(ii) The right to sponsor an application for approval of a plan of
work for exploration. In the case of entities whose
components are natural or juridical persons possessing the
nationality of more than one State, a plan of work for
exploration shall not be approved unless all the States whose
natural or juridical persons comprise those entities are
States Parties or members on a provisional basis;
(d) Notwithstanding the provisions of paragraph 9, an approved
plan of work in the form of a contract for exploration which was
sponsored pursuant to subparagraph (c) (ii) by a State which was a
member on a provisional basis shall terminate if such membership ceases
and the State or entity has not become a State Party;
(e) If such a member has failed to make its assessed contributions
or otherwise failed to comply with its obligations in accordance with
this paragraph, its membership on a provisional basis shall be
terminated.
1994 United Nations -- Treaty Series Nations Unies Recueil des Trait~s 53
earlier, The Council may, upon the request of the State or entity
concerned, extend such membership beyond 16 November 1996 for a further
period or periods not exceeding a total of two years provided that the
Council is satisfied that the State or entity concerned has been making
efforts in good faith to become a party to the Agreement and the
Convent ion;
(b) If this Agreement enters into force after 15 November 1996,
such States and entities may request the Council to grant continued
membership in the Authority on a provisional basis for a period or
periods not extending beyond 16 November 1998. The Council shall grant
such membership with effect from the date of the request if it is
satisfied that the State or entity has been making efforts in good faith
to become a party to the Agreement and the Convention;
(c) States and entities which are members of the Authority on a
provisional basis in accordance with subparagraph (a) or (b) shall apply
the terms of Part XI and this Agreement in accordance with their
national or internal laws, regulations and annual budgetary
appropriations and shall have the same rights and obligations as other
members, including:
(i) The obligation to contribute to the administrative budget of
the Authority in accordance with the scale of assessed
contributions;
(ii) The right to sponsor an application for approval of a plan of
work for exploration. In the case of entities whose
components are natural or juridical persons possessing the
nationality of more than one State, a plan of work for
exploration shall not be approved unless all the States whose
natural or juridical persons comprise those entities are
States Parties or members on a provisional basis;
(d) Notwithstanding the provisions of paragraph 9, an approved
plan of work in the form of a contract for exploration which was
sponsored pursuant to subparagraph (c) (ii) by a State which was a
member on a provisional basis shall terminate if such membership ceases
and the State or entity has not become a State Party;
(e) If such a member has failed to make its assessed contributions
or otherwise failed to comply with its obligations in accordance with
this paragraph, its membership on a provisional basis shall be
terminated.
Vol. 1836. 1-31364
54 United Nations - Treaty Series a Nations Unies - Recueil des Traitks 1994
13. The reference in Annex III, article 10, of the Convention to
performance which has not been satisfactory shall be interpreted to mean
that the contractor has failed to comply with the requirements of an
approved plan of work in spite of a written warning or warnings from the
Authority to the contractor to comply therewith.
14. The Authority shall have its own budget. Until the end of the year
following the year during which this Agreement enters into force, the
administrative expenses of the Authority shall be met through the budget
of the United Nations. Thereafter, the administrative expenses of the
Authority shall be met by assessed contributions of its members,
including any members on a provisional basis, in accordance with
articles 171, subparagraph (a), and 173 of the Convention and this
Agreement, until the Authority has sufficient funds from other sources
to meet those expenses. The Authority shall not exercise the Power
referred to in article 174, paragraph 1, of the Convention to borrow
funds to finance its administrative budget.
15. The Authority shall elaborate and adopt, in accordance with
article 162, paragraph 2 (o) (ii), of the Convention, rules, regulations
and procedures based on the principles contained in sections 2, 5, 6, 7
and 8 of this Annex, as well as any additional rules, regulations and
procedures necessary to facilitate the approval of plans of work for
exploration or exploitation, in accordance with the following
subparagraphs:
(a) The Council may undertake such elaboration any time it deems
that all or any of such rules, regulations or procedures are required
for the conduct of activities in the Area, or when it determines that
commercial exploitation is imminent, or at the request of a State whose
national intends to apply for approval of a plan of work for
exploitation;
(b) If a request is made by a State referred to in
subparagraph (a) the Council shall, in accordance with article 162,
paragraph 2 (o), of the Convention, complete the adoption of such rules,
regulations and procedures within two years of the request;
(c) If the Council has not completed the elaboration of the rules,
regulations and procedures relating to exploitation within the
prescribed time and an application for approval of a plan of work for
exploitation is pending, it shall none the less consider and
provisionally aoprove such plan of work based on the provisions of the
Convention and any rules, regulations and procedures that the Council
may have adopted provisionally, or on the basis of the norms contained
Vol. 1836, 1-31364
54 United Nations -Treaty Series • Nations Unies Recueil des Trait~s 1994
13. The reference in Annex III, article 10, of the Convention to
performance which has not been satisfactory shall be interpreted to mean
that the contractor has failed to comply with the requirements of an
approved plan of work in spite of a written warning or warnings from the
Authority to the contractor to comply therewith.
14. The Authority shall have its own budget. Until the end of the year
following the year during which this Agreement enters into force, the
administrative expenses of the Authority shall be met through the budget
of the United Nations. Thereafter, the administrative expenses of the
Authority shall be met by assessed contributions of its members,
including any members on a provisional basis, in accordance with
articles 171, subparagraph (a), and 173 of the Convention and this
Agreement, until the Authority has sufficient funds from other sources
to meet those expenses. The Authority shall not exercise the power
referred to in article 174, paragraph 1, of the Convention to borrow
funds to finance its administrative budget.
15. The Authority shall elaborate and adopt, in accordance with
article 162, paragraph 2 (0) (ii), of the Convention, rules, regulations
and procedures based on the principles contained in sections 2, 5, 6, 7
and 8 of this Annex, as well as any additional rules, regulations and
procedures necessary to facilitate the approval of plans of work for
exploration or exploitation, in accordance with the following
subparagraphs:
(a) The Council may undertake such elaboration any time it deems
that all or any of such rules, regulations or procedures are required
for the conduct of activities in the Area, or when it determines that
commercial exploitation is imminent, or at the request of a State whose
national intends to apply for approval of a plan of work for
exploitation;
(b) If a request is made by a State referred to in
subparagraph (a) the Council shall, in accordance with article 162,
paragraph 2 (0), of the Convention, complete the adoption of such rules,
regulations and procedures within two years of the request;
(c) If the Council has not completed the elaboration of the rules,
regulations and procedures relating to exploitation within the
prescribed time and an application for approval of a plan of work for
exploitation is pending, it shall none the less consider and
provisionally approve such plan of work based on the provisions of the
Convention and any rules, regulations and procedures that the Council
may have adopted provisionally, or on the basis of the norms contained
Vol. 1836, 1-31364
1994 United Nations - Treaty Series 9 Nations Unies - Recueil des Traitks 55
in the Convention and the terms and principles contained in this Annex
as well as the principle of non-discrimination among contractors.
16. The draft rules, regulations and procedures and any recommendations
relating to the provisions of Part XI, as contained in the reports and
recommendations of the Preparatory Commission, shall be taken into
account by the Authority in the adoption of rules, regulations and
procedures in accordance with Part XI and this Agreement.
17. The relevant provisions of Part XI, section 4, of the Convention
shall be interpreted and applied in accordance with this Agreement.
SECTION 2. THE ENTERPRISE
1. The Secretariat of the Authority shall perform the functions of the
Enterprise until it begins to operate independently of the Secretariat.
The Secretary-General of the Authority shall appoint from within the
staff of the Authority an interim Director-General to oversee the
performance of these functions by the Secretariat.
These functions shall be:
(a) Monitoring and review of trends and developments relating to
deep seabed mining activities, including regular analysis of world metal
market conditions and metal prices, trends and prospects;
(b) Assessment of the results of the conduct of marinescientific
research with respect to activities in the Area, with particular
emphasis on research related to the environmental impact of activities
in the Area;
(c) Assessment of available data relating to prospecting and
exploration, including the criteria for such activities;
(d) Assessment of technological developments relevant to
activities in the Area, in particular technology relating to the
protection and preservation of the marine environment;
(e) Evaluation of information and data relating to areas reserved
for the Authority;
(f) Assessment of approaches to joint-venture operations;
(g) Collection of information on the availability of trained
manpower;
Vol 1836. 1-31364
1994 United Nations - Treaty Series • Nations Unies Recueil des Trait~s 55
in the Convention and the terms and principles contained in this Annex
as well as the principle of non-discrimination among contractors.
16. The draft rules, regulations and procedures and any recommendations
relating to the provisions of Part XI, as contained in the reports and
recommendations of the Preparatory Commission, shall be taken into
account by the Authority in the adoption of rules, regulations and
procedures in accordance with Part XI and this Agreement.
17. The relevant provisions of Part XI, section 4, of the Convention
shall be interpreted and applied in accordance with this Agreement.
SECTION 2. THE ENTERPRISE
1. The Secretariat of the Authority shall perform the functions of the
Enterprise until it begins to operate independently of the Secretariat.
The Secretary-General of the Authority shall appoint from within the
staff of the Authority an interim Director-General to oversee the
performance of these functions by the Secretariat.
These functions shall be:
(a) Monitoring and review of trends and developments relating to
deep seabed mining activities, including regular analysis of world metal
market conditions and metal prices, trends and prospects;
(b) Assessment of the results of the conduct of marine·scientific
research with respect to activities in the Area, with particular
emphasis on research related to the environmental impact of activities
in the Area;
(c) Assessment of available data relating to prospecting and
exploration, including the criteria for such activities;
(d) Assessment of technological developments relevant to
activities in the Area, in particular technology relating to the
protection and preservation of the marine environment;
(e) Evaluation of information and data relating to areas reserved
for the Authority;
(f) Assessment of approaches to joint-venture operations;
(g) Collection of information on the availability of trained
manpower ;
Vol 1836, 1-31364
- Treaty e Recueil Traitis
(h) Study of managerial policy options for the administration of
the Enterprise at different stages of its operations.
2. The Enterprise shall conduct its initial deep seabed mining
operations through joint ventures. Upon the approval of a plan of work
for exploitation for an entity other than the Enterprise, or upon
receipt by the Council of an application for a joint-venture operation
with the Enterprise, the Council shall take up the issue of the
functioning of the Enterprise independently of the Secretariat of the
Authority. If joint-venture operations with the Enterprise accord with
sound commercial principles, the Council shall issue a directive
pursuant to article 170, paragraph 2, of the Convention providing for
such independent functioning.
3. The obligation of States Parties to fund one mine site of the
Enterprise as provided for in Annex IV, article 11, paragraph 3, of the
Convention shall not apply and States Parties shall be under no
obligation to finance any of the operations in any mine site of the
Enterprise or under its joint-venture arrangements.
4. The obligations applicable to contractors shall apply to the
Enterprise. Notwithstanding the provisions of article 153, paragraph 3,
and Annex III, article 3, paragraph 5, of the Convention, a plan of work
for the Enterprise upon its approval shall be in the form of a contract
concluded between the Authority and the Enterprise.
5. A contractor which has contributed a particular area to the
Authority as a reserved area has the right of first refusal to enter
into a joint-venture arrangement with the Enterprise for exploration and
exploitation of that area. If the Enterprise does not submit an
application for a plan of work for activities in respect of such a
reserved area within 15 years of the commencement of its functions
independent of the Secretariat of the Authority or within 15 years of
the date on which that area is reserved for the Authority, whichever is
the later, the contractor which contributed the area shall be entitled
to apply for a plan of work for that area provided it offers in good
faith to include the Enterprise as a joint-venture partner.
6. Article 170, paragraph 4, Annex IV and other provisions of the
Convention relating to the Enterprise shall be interpreted and applied
in accordance with this section.
56 United Nations Treaty Series • Nations Unies - Recueil des Trait~s 1994
(h) Study of managerial policy options for the administration of
the Enterprise at different stages of its operations.
2. The Enterprise shall conduct its initial deep seabed mining
operations through joint ventures. Upon the approval of a plan of work
for exploitation for an entity other than the Enterprise, or upon
receipt by the Council of an application for a joint-venture operation
with the Enterprise, the Council shall take up the issue of the
functioning of the Enterprise independently of the Secretariat of the
Authority. If joint-venture operations with the Enterprise accord with
sound commercial principles, the Council shall issue a directive
pursuant to article 170, paragraph 2, of the Convention providing for
such independent functioning.
3. The obligation of States Parties to fund one mine site of the
Enterprise as provided for in Annex IV, article 11, paragraph 3, of the
Convention shall not apply and States Parties shall be under no
obligation to finance any of the operations in any mine site of the
Enterprise or under its joint-venture arrangements.
4. The obligations applicable to contractors shall apply to the
Enterprise. Notwithstanding the provisions of article 153, paragraph 3,
and Annex III, article 3, paragraph 5, of the Convention, a plan of work
for the Enterprise upon its approval shall be in the form of a contract
concluded between the Authority and the Enterprise.
5. A contractor which has contributed a particular area to the
Authority as a reserved area has the right of first refusal to enter
into a joint-venture arrangement with the Enterprise for exploration and
exploitation of that area. If the Enterprise does not submit an
application for a plan of work for activities in respect of such a
reserved area within 15 years of the commencement of its functions
independent of the Secretariat of the Authority or within 15 years of
the date on which that area is reserved for the Authority, whichever is
the later, the contractor which contributed the area shall be entitled
to apply for a plan of work for that area provided it offers in good
faith to include the Enterprise as a joint-venture partner.
6. Article 170, paragraph 4, Annex IV and other provisions of the
Convent ion relating to the Enterprise shall be interpreted and applied
in accordance with this section.
Vol. 1836, 1-31364
1994 United - * - Traitis SECTION 3. DECISION-MAKING
1. The general policies of the Authority shall be established by the
Assembly in collaboration with the Council.
2. As a general rule, decision-making in the organs of the Authority
should be by consensus.
3. If all efforts to reach a decision by consensus have been
exhausted, decisions by voting in the Assembly on questions of procedure
shall be taken by a majority of members present and voting, and
decisions on questions of substance shall be taken by a two-thirds
majority of members present and voting, as provided for in article 159,
paragraph 8, of the Convention.
4. Decisions of the Assembly on any matter for which the Council also
has competence or on any administrative, budgetary or financial matter
shall be based on the recommendations of the Council. If the Assembly
does not accept the recommendation of the Council on any matter, it
shall return the matter to the Council for further consideration. The
Council shall reconsider the matter in the light of the views expressed
by the Assembly.
5. If all efforts to reach a decision by consensus have been
exhausted, decisions by voting in the Council on questions of procedure
shall be taken by a majority of members present and voting, and
decisions on questions of substance, except where the Convention
provides for decisions by consensus in the Council, shall be taken by a
two-thirds majority of members present and voting, provided that such
decisions are not opposed by a majority in any one of the chambers
referred to in paragraph 9. In taking decisions the Council shall seek
to promote the interests of all the members of the Authority.
6. The Council may defer the taking of a decision in order to
facilitate further negotiation whenever it appears that all efforts at
achieving consensus on a question have not been exhausted.
7. Decisions by the Assembly or the Council having financial or
budgetary implications shall be based on the recommendations of the
Finance Committee.
8. The provisions of article 161, paragraph 8 (b) and (c), of the
Convention shall not apply.
1836, Nations Treaty Series • Nations Unies Recueil des Trait~s
SECTION 3. DECISION-MAKING
57
1. The general policies of the Authority shall be established by the
Assembly in collaboration with the Council.
2. As a general rule, decision-making in the organs of the Authority
should be by consensus.
3. If all efforts to reach a decision by consensus have been
exhausted, decisions by voting in the Assembly on questions of procedure
shall be taken by a majority of members present and voting, and
decisions on questions of substance shall be taken by a two-thirds
majority of members present and voting, as provided for in article 159,
paragraph 8, of the Convention.
4. Decisions of the Assembly on any matter for which the Council also
has competence or on any administrative, budgetary or financial matter
shall be based on the recommendations of the Council. If the Assembly
does not accept the recommendation of the COuncil on any matter, it
shall return the matter to the Council for further consideration. The
Council shall reconsider the matter in the light of the views expressed
by the Assembly.
5. If all efforts to reach a decision by consensus have been
exhausted, decisions by voting in the Council on questions of procedure
shall be taken by a majority of members present and voting, and
decisions on questions of substance, except where the Convention
provides for decisions by consensus in the Council, shall be taken by a
two-thirds majority of members present and voting, provided that such
decisions are not opposed by a majority in any one of the chambers
referred to in paragraph 9. In taking decisions the Council shall seek
to promote the interests of all the members of the Authority.
6. The Council may defer the taking of a decision in order to
facilitate further negotiation whenever it appears that all efforts at
achieving consensus on a question have not been exhausted.
7. Decisions by the Assembly or the Council having financial or
budgetary implications shall be based on the recommendations of the
Finance Committee.
8. The provisions of article 161, paragraph 8 (b) and (c), of the
Convention shall not apply.
Vol. 1-31364
58 United Nations - Treaty Series - Nations Unies - Recueil des Trait6s 1994
9. (a) Each group of States elected under paragraph 15 (a) to (c)
shall be treated as a chamber for the purposes of voting in the Council.
The developing States elected under paragraph 15 (d) and (e) shall be
treated as a single chamber for the purposes of voting in the Council.
(b) Before electing the members of the Council, the Assembly shall
establish lists of countries fulfilling the criteria for membership in
the groups of States in paragraph 15 (a) to (d). If a State fulfils the
criteria for membership in more than one group, it may only be proposed
by one group for election to the Council and it shall represent only
that group in voting in the Council.
10. Each group of States in paragraph 15 (a) to (d) shall be
represented in the Council by those members nominated by that group.
Each group shall nominate only as many candidates as the number of seats
required to be filled by that group. When the number of potential
candidates in each of the groups referred to in paragraph 15 (a) to (e)
exceeds the number of seats available in each of those respective
groups, as a general rule, the principle of rotation shall apply.
States members of each of those groups shall determine how this
principle shall apply in those groups.
11. (a) The Council shall approve a recommendation by the Legal and
Technical Commission for approval of a plan of work unless by a
two-thirds majority of its members present and voting, including a
majority of members present and voting in each of the chambers of the
Council, the Council decides to disapprove a plan of work. If the
Council does not take a decision on a recommendation for approval of a
plan of work within a prescribed period, the recommendation shall be
deemed to have been approved by the Council at the end of that period.
The prescribed period shall normally be 60 days unless the Council
decides to provide for a longer period. If the Commission recommends
the disapproval of a plan of work or does not make a recommendation, the
Council may nevertheless approve the plan of work in accordance with its
rules of procedure for decision-making on questions of substance.
(b) The provisions of article 162, paragraph 2 (j), of the
Convention shall not apply.
12. Where a dispute arises relating to the disapproval of a plan of
work, such dispute shall be submitted to the dispute settlement
procedures set out in the Convention.
13. Decisions by voting in the Legal and Technical Commission shall be
by a majority of members present and voting.
Vol. 1836, 1-31364
58 United Nations -- Treaty Series • Nations Unies -Recueil des Trait~s 1994
9. (a) Each group of States elected under paragraph 15 (a) to (c)
shall be treated as a chamber for the purposes of voting in the Council.
The developing States elected under paragraph 15 (d) and (e) shall be
treated as a single chamber for the purposes of voting in the Council.
(b) Before electing the members of the Council, the Assembly shall
establish lists of countries fulfilling the criteria for membership in
the groups of States in paragraph 15 (a) to (d). If a State fulfils the
criteria for membership in more than one group, it may only be proposed
by one group for election to the Council and it shall represent only
that group in voting in the Council.
10. Each group of States in paragraph 15 (a) to (d) shall be
represented in the Council by those members nominated by that group.
Each group shall nominate only as many candidates as the number of seats
required to be filled by that group. When the number of potential
candidates in each of the groups referred to in paragraph 15 (a) to (e)
exceeds the number of seats available in each of those respective
groups, as a general rule, the principle of rotation shall apply.
States members of each of those groups shall determine how this
principle shall apply in those groups.
11. (a) The Council shall approve a recommendation by the Legal and
Technical Commission for approval of a plan of work unless by a
two-thirds majority of its members present and voting, including a
majority of members present and voting in each of the chambers of the
Council, the Council decides to disapprove a plan of work. If the
Council does not take a decision on a recommendation for approval of a
plan of work within a prescribed period, the recommendation shall be
deemed to have been approved by the Council at the end of that period.
The prescribed period shall normally be 60 days unless the Council
decides to provide for a longer period. If the Commission recommends
the disapproval of a plan of work or does not make a recommendation, the
Council may nevertheless approve the plan of work in accordance with its
rules of procedure for decision-making on questions of substance.
(b) The provisions of article 162, paragraph 2 (j), of the
Convent ion shall not apply.
12. Where a dispute arises relating to the disapproval of a plan of
work, such dispute shall be submitted to the dispute settlement
procedures set out in the Convention.
13. Decisions by voting in the Legal and Technical Commission shall be
by a majority of members present and voting.
Vol. 1836, 1-31364
1994 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 59
14. Part XI, section 4, subsections B and C, of the Convention shall be
interpreted and applied in accordance with this section.
15. 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 in value terms of total world consumption or have
had net imports of more than 2 per cent in value terms of total world
imports of the commodities produced from the categories of minerals to
be derived from the Area, provided that the four members shall include
one State from the Eastern European region having the largest economy in
that region in terms of gross domestic product and the State, on the
date of entry into force of the Convention, having the largest economy
in terms of gross domestic product, if such States wish to be
represented in this group;
(b) Four members from among the eight States Parties which have
made the largest investments in preparation for and in the conduct of
activities in the Area, either directly or through their nationals;
(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, island States, 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 Europe, Latin
America and the Caribbean and Western Europe and Others.
16. The provisions of article 161, paragraph 1, of the Convention shall
not apply.
Vol 1836.1 -31364
1994 United Nations -Treaty Series • Nations Unies -Recueil des Trait~s 59
14. Part XI, section 4, subsections B and C, of the Convention shall be
interpreted and applied in accordance with this section.
15. 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 in value terms of total world consumption or have
had net imports of more than 2 per cent in value terms of total world
imports of the commodities produced from the categories of minerals to
be derived from the Area, provided that the four members shall include
one State from the Eastern European region having the largest economy in
that region in terms of gross domestic product and the State, on the
date of entry into force of the Convention, having the largest economy
in terms of gross domestic product, if such States wish to be
represented in this group;
(b) Four members from among the eight States Parties which have
made the largest investments in preparation for and in the conduct of
activities in the Area, either directly or through their nationals;
(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 oft 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, island States, 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 Europe, Latin
America and the Caribbean and Western Europe and Others.
16. The provisions of article 161, paragraph 1, of the Convention shall
not apply.
Vol 1836. 1-31364
60 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 1994
SECTION 4. REVIEW ONFERENCE
The provisions relating to the Review Conference in article 155,
paragraphs 1, 3 and 4, of the Convention shall not apply.
Notwithstanding the provisions of article 314, paragraph 2, of the
Convention, the Assembly, on the recommendation of the Council, may
undertake at any time a review of the matters referred to in
article 155, paragraph 1, of the Convention. Amendments relating to
this Agreement and Part XI shall be subject to the procedures contained
in articles 314, 315 and 316 of the Convention, provided that the
principles, regime and other terms referred to in article 155,
paragraph 2, of the Convention shall be maintained and the rights
referred to in paragraph 5 of that article shall not be affected.
SECTION 5. TRANSFER OF TECHNOLOGY
1. In addition to the provisions of article 144 of the Convention,
transfer of technology for the purposes of Part XI shall be governed by
the following principles:
(a) The Enterprise, and developing States wishing to obtain deep
seabed mining technology, shall seek to obtain such technology on fair
and reasonable commercial terms and conditions on the open market, or
through joint-venture arrangements;
(b) If the Enterprise or developing States are unable to obtain
deep seabed mining technology, the Authority may request all or any of
the contractors and their respective sponsoring State or States to
cooperate with it in facilitating the acquisition of deep seabed mining
technology by the Enterprise or its joint venture, or by a developing
State or States seeking to acquire such technology on fair and
reasonable commercial terms and conditions, consistent with the
effective protection of intellectual property rights. States Parties
undertake to cooperate fully and effectively with the Authority for this
purpose and to ensure that contractors sponsored by them also cooperate
fully with the Authority;
(c) As a general rule, States Parties shall promote international
technical and scientific cooperation with regard to activities in the
Area either between the parties concerned or by developing training,
technical assistance and scientific cooperation programmes in marine
science and technology and the protection and preservation of the marine
envi ronment.
Vol. 1836, 1-31364
60 United Nations -- Treaty Series • Nations Unies -Recueil des Trait~s
SECTION 4. REVIEW CONFERENCE
1994
The provisions relating to the Review Conference in article 155,
paragraphs 1, 3 and 4, of the Convention shall not apply.
Notwithstanding the provisions of article 314, paragraph 2, of the
Convention, the Assembly, on the recommendation of the Council, may
undertake at any time a review of the matters referred to in
article 155, paragraph 1, of the Convention. Amendments relating to
this Agreement and Part XI shall be subject to the procedures contained
in articles 314, 315 and 316 of the Convention, provided that the
principles, regime and other terms referred to in article 155,
paragraph 2, of the Convention shall be maintained and the rights
referred to in paragraph 5 of that article shall not be affected.
SECTION 5. TRANSFER OF TECHNOLOGY
1. In addition to the provisions of article 144 of the Convention,
transfer of technology for the purposes of Part XI shall be governed by
the following principles:
(a) The Enterprise, and developing States wishing to obtain deep
seabed mining technology, shall seek to obtain such technology on fair
and reasonable commercial terms and conditions on the open market, or
through joint-venture arrangements;
(b) If the Enterprise or developing States are unable to obtain
deep seabed mining technology, the Authority may request all or any of
the contractors and their respective sponsoring State or States to
cooperate with it in facilitating the acquisition of deep seabed mining
technology by the Enterprise or its joint venture, or by a developing
State or States seeking to acquire such technology on fair and
reasonable commercial terms and conditions, consistent with the
effective protection of intellectual property rights. States Parties
undertake to cooperate fully and effectively with the Authority for this
purpose and to ensure that contractors sponsored by them also cooperate
fully with the Authority;
(c) As a general rule, States Parties shall promote international
technical and scientific cooperation with regard to activities in the
Area either between the parties concerned or by developing training,
technical assistance and scientific cooperation programmes in marine
science and technology and the protection and preservation of the marine
environment.
Vol. 1836, 1-31364
Treaty * Recueil 2. The provisions of Annex III, article 5, of the Convention shall not
apply.
1. The production policy of the Authority shall be based on the
following principles.
(a) Development of the resources of the Area shall take place in
(b) The provisions of the General Agreement on Tariffs with respect to activities in the Area;
(c) In particular, there shall be no subsidization of activities
in the Area except as may be permitted under the agreements referred to
in subparagraph (b). Subsidization for the purpose of these principles
shall be defined in terms of the agreements referred to in
subparagraph (b);
(d) There shall be no discrimination between minerals derived from
the Area and from other sources. There shall be no preferential access
to markets for such minerals or for imports of commodities produced from
such minerals, in particular:
(i) By the use of tariff or non-tariff barriers; and
(ii) Given by States Parties to such minerals or commodities
produced by their state enterprises or by natural or juridical
persons which possess their nationality or are controlled by
them or their nationals;
(e) The plan of work for exploitation approved by the Authority in
respect of each mining area shall indicate an anticipated production
schedule which shall include the estimated maximum amounts of minerals
that would be produced per year under the plan of work;
(f) The following shall apply to the settlement of disputes
concerning the provisions of the agreements referred to in
subparagraph (b):
(i) Where the States Parties concerned are parties to such
agreements, they shall have recourse to the dispute settlement
procedures of those agreements;
1994 United Nations - Treaty Series • Nations Unies - Recneil des Trait~s
61
2. The provisions of Annex III, article 5, of the Convention shall not
apply.
SECTION 6. PRODUCTION POLICY
1. The production policy of the Authority shall be based on the
following principles.:
(a) Development of the resources of the Area shall take place in
accordance with sound commercial principles;
(b) The provisions of the General Agreement on Tariffs and Trade,
its relevant codes and successor or superseding agreements shall apply
with respect to activities in the Area;
(c) In particular, there shall be no subsidization of activities
in the Area except as may be permitted under the agreements referred to
in subparagraph (b). Subsidization for the purpose of these principles
shall be defined in terms of the agreements referred to in
subparagraph (b);
(d) There shall be no discrimination between minerals derived from
the Area and from other sources. There shall be no preferential access
to markets for such minerals or for imports of commodities produced from
such minerals, in particular:
(i) By the use of tariff or non-tariff barriers; and
(ii) Given by States Parties to such minerals or commodities
produced by their state enterprises or by natural or juridical
persons which possess their nationality or are controlled by
them or their nationals;
(e) The plan of work for exploitation approved by the Authority in
respect of each mining area shall indicate an anticipated product ion
schedule which shall include the estimated maximum amounts of minerals
that would be produced per year under the plan of work;
(f) The following shall apply to the settlement of disputes
concerning the provisions of the agreements referred to in
subparagraph (b):
(i) Where the States Parties concerned are parties to such
agreements, they shall have recourse to the dispute settlement
procedures of those agreements;
Vol. 1836, 1-31364
62 United Nations - Treaty Series a Nations Unies - Recueil des Traitks 1994
(ii) Where one or more of the States Parties concerned are not
parties to such agreements, they shall have recourse to the
dispute settlement procedures set out in the Convention;
(g) In circumstances where a determination is made under the
agreements referred to in subparagraph (b) that a State Party has
engaged in subsidization which is prohibited or has resulted in adverse
effects on the interests of another State Party and appropriate steps
have not been taken by the relevant State Party or States Parties, a
State Party may request the Council to take appropriate measures.
2. The principles contained in paragraph 1 shall not affect the rights
and obligations under any provision of the agreements referred to in
paragraph 1 (b), as well as the relevant free trade and customs union
agreements, in relations between States Parties which are parties to
such agreements.
3. The acceptance by a contractor of subsidies other than those which
may be permitted under the agreements referred to in paragraph 1 (b)
shall constitute a violation of the fundamental terms of the contract
forming a plan of work for the carrying out of activities in the Area.
4. Any State Party which has reason to believe that there has been a
breach of the requirements of paragraphs 1 (b) to (d) or 3 may initiate
dispute settlement procedures in conformity with paragraph 1 (f) or (g).
5. A State Party may at any time bring to the attention of the Council
activities which in its view are inconsistent with the requirements of
paragraph 1 (b) to (d).
6. The Authority shall develop rules, regulations and procedures which
ensure the implementation of the provisions of this section, including
relevant rules, regulations and procedures governing the approval plans of work.
7. The provisions of article 151, paragraphs 1 to 7 and 9,
article 162, paragraph 2 (q), article 165, paragraph 2 (n), and
Annex III, article 6, paragraph 5, and article 7, of the Convention
shall not apply.
SECTION 7. ECONOMIC 1. The policy of the Authority of assisting developing countries suffer serious adverse effects on their export earnings or economies
Vol. 1836, 1-31364
62 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
(ii) Where one or more of the States Parties concerned are not
parties to such agreements, they shall have recourse to the
dispute settlement procedures set out in the Convention;
(g) In circumstances where a determination is made under the
agreements referred to in subparagraph (b) that a State Party has
engaged in subsidization which is prohibited or has resulted in adverse
effects on the interests of another State Party and appropriate steps
have not been taken by the relevant State Party or States Parties, a
State Party may request the Council to take appropriate measures.
2. The principles contained in paragraph 1 shall not affect the rights
and obligations under any provision of the agreements referred to in
paragraph 1 (b), as well as the relevant free trade and customs union
agreements, in relations between States Parties which are parties to
such agreements.
3. The acceptance by a contractor of subsidies other than those which
may be permitted under the agreements referred to in paragraph 1 (b)
shall constitute a violation of the fundamental terms of the contract
forming a plan of work for the carrying out of activities in the Area.
4. Any State Party which has reason to believe that there has been a
breach of the requirements of paragraphs 1 (b) to (d) or 3 may initiate
dispute settlement procedures in conformity with paragraph 1 (f) or (g).
5. A State Party may at any time bring to the attention of the Council
activities which in its view are inconsistent with the requirements of
paragraph 1 (b) to (d).
6. The Authority shall develop rules, regulations and procedures which
ensure the implementation of the provisions of this section, including
relevant rules, regulations and procedures governing the approval of
plans of work.
7. The provisions of article 151, paragraphs 1 to 7 and 9,
article 162, paragraph 2 (q), article 165, paragraph 2 (n), and
Annex III, article 6, paragraph 5, and article 7, of the Convention
shall not apply.
SECTION 7. ECONOMIC ASSISTANCE
1. The policy of the Authority of assisting developing countries which
suffer serious adverse effects on their export earnings or economies
Vol. 1836, 1-31364
United Nations - Treaty Series * Nations Unies - RecueiU des Traits
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, shall be based on the following
principles:
(a) The Authority shall establish an economic assistance fund from
a portion of the funds of the Authority which exceeds those necessary to
cover the administrative expenses of the Authority. The amount set
aside for this purpose shall be determined by the Council from time to
time, upon the recommendation of the Finance Committee. Only funds from
payments received from contractors, including the Enterprise, and
voluntary contributions shall be used for the establishment of the
economic assistance fund;
(b) Developing land-based producer States whose economies have
been determined to be seriously affected by the production of minerals
from the deep seabed shall be assisted from the economic assistance fund
of the Authority;
(c) The Authority shall provide assistance from the fund to
affected developing land-based producer States, where appropriate, in
cooperation with existing global or regional development institutions
which have the infrastructure and expertise to carry out such assistance
programmes;
(d) The extent and period of such assistance shall be determined
on a case-by-case basis. In doing so, due consideration shall be given
to the nature and magnitude of the problems encountered by affected
developing land-based producer States.
2. Article 151, paragraph 10, of the Convention shall be implemented
by means of measures of economic assistance referred to in paragraph 1.
Article 160, paragraph 2 (1), article 162, paragraph 2 (n), article 164,
paragraph 2 (d), article 171, subparagraph (f), and article 173,
paragraph 2 (c), of the Convention shall be interpreted accordingly.
SECTION 8. FINANCIAL TERMS OF CONTRACTS
1. The following principles shall provide the basis for establishing
rules, regulations and procedures for financial terms of contracts:
(a) The system of payments to the Authority shall be fair both to
the contractor and to the Authority and shall provide adequate means of
determining compliance by the contractor with such system;
Vol 1836, 1-31364
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 63
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, shall be based on the following
principles:
(a) The Authority shall establish an economic assistance fund from
a portion of the funds of the Authority which exceeds those necessary to
cover the administrative expenses of the Authority. The amount set
aside for this purpose shall be determined by the Council from time to
time, upon the recommendation of the Finance Committee. Only funds from
payments received from contractors, including the Enterprise, and
voluntary contributions shall be used for the establishment of the
economic assistance fund;
(b) Developing land-based producer States whose economies have
been determined to be seriously affected by the production of minerals
from the deep seabed shall be assisted from the economic assistance fund
of the Authority;
(c) The Authority shall provide assistance from the fund to
affected developing land-based producer States, where appropriate, in
cooperation with existing global or regional development institutions
which have the infrastructure and expertise to carry out such assistance
programmes;
(d) The extent and period of such assistance shall be determined
on a case-by-case basis. In doing so, due consideration shall be given
to the nature and magnitude of the problems encountered by affected
developing land-based producer States.
2. Article 151, paragraph 10, of the Convention shall be implemented
by means of measures of economic assistance referred to in paragraph 1.
Article 160, paragraph 2 (1), article 162, paragraph 2 (r), article 164,
paragraph 2 (d), article 171, subparagraph (f), and article 173,
paragraph 2 (c), of the Convention shall be interpreted accordingly.
SECTION 8. FINANCIAL TERMS OF CONTRACTS
1, The following principles shall provide the basis for establishing
rules, regulations and procedures for financial terms of contracts:
(a) The system of payments to the Authority shall be fair both to
the contractor and to the Authority and shall provide adequate means of
determining compliance by the contractor with such system;
Vol 1836. 1-31364
64 United Nations - Treaty Series e Nations Unies - Recueil des Traitks 1994
(b) The rates of payments under the system shall be within the
range of those prevailing in respect of land-based mining of the same or
similar minerals in order to avoid giving deep seabed miners an
artificial competitive advantage or imposing on them a competitive
disadvantage;
(c) The system should not be complicated and should not i'mpose
major administrative costs on the Authority or on a contractor.
Consideration should be given to the adoption of a royalty system or a
combination of a royalty and profit-sharing system. If alternative
systems are decided upon, the contractor has the right to choose the
system applicable to its contract. Any subsequent change in choice
between alternative systems, however, shall be made by agreement between
the Authority and the contractor;
(d) An annual fixed fee shall be payable from the date of
commencement of commercial production. This fee may be credited against
other payments due under the system adopted in accordance with
subparagraph (c). The amount of the fee shall be established by the
Council;
(e) The system of payments may be revised periodically in the
light of changing circumstances. Any changes shall be applied in a
non-discriminatory manner. Such changes may apply to existing contracts
only at the election of the contractor. Any subsequent change in choice
between alternative systems shall be made by agreement between the
Authority and the contractor;
(f) Disputes concerning the interpretation or application of the
rules and regulations based on these principles shall be subject to the
dispute settlement procedures set out in the Convention.
2. The provisions of Annex III, article 13, paragraphs 3 to 10, of the
Convention shall not apply.
3. With regard to the implementation of Annex III, article 13,
paragraph 2, of the Convention, the fee for processing applications for
approval of a plan of work limited to one phase, either the exploration
phase or the exploitation phase, shall be US$ 250,000.
SECTION 9. THE FINANCE C0MITTEE
1. There is hereby established a Finance Committee. The Committee
shall be composed of 15 members with appropriate qualifications relevant
Vol. 1836, 1-31364
64 United Nations -Treaty Series • Nations Unies -Recueil des Trait~s 1994
(b) The rates of payments under the system shall be within the
range of those prevailing in respect of land-based mining of the same or
similar minerals in order to avoid giving deep seabed miners an
artificial competitive advantage or imposing on them a competitive
disadvantage;
(c) The system should not be complicated and should not impose
major administrative costs on the Authority or on a contractor.
Consideration should be given to the adoption of a royalty system or a
combination of a royalty and profit-sharing system. If alternative
systems are decided upon, the contractor has the right to choose the
system applicable to its contract. Any subsequent change in choice
between alternative systems, however, shall be made by agreement between
the Authority and the contractor;
(d) An annual fixed fee shall be payable from the date of
commencement of commercial production. This fee may be credited against
other payments due under the system adopted in accordance with
subparagraph (c). The amount of the fee shall be established by the
Council;
(e) The system of payments may be revised periodically in the
light of changing circumstances. Any changes shall be applied in a
non-discriminatory manner. Such changes may apply to existing contracts
only at the election of the contractor. Any subsequent change in choice
between alternative systems shall be made by agreement between the
Authority and the contractor;
(f) Disputes concerning the interpretation or application of the
rules and regulations based on these principles shall be subject to the
dispute settlement procedures set out in the Convention.
2. The provisions of Annex III, article 13, paragraphs 3 to 10, of the
Convention shall not apply.
3. With regard to the implementation of Annex III, article 13,
paragraph 2, of the Convention, the fee for processing applications for
approval of a plan of work limited to one phase, either the exploration
phase or the exploitation phase, shall be US$ 250,000.
SECTION 9. THE FINANCE COMMITTEE
1, There is hereby established a Finance Committee. The Committee
shall be composed of 15 members with appropriate qualifications relevant
Vol. 1836, 1-31364
United Nations - Treaty Series * Nations Unies - Recueil des Traitis 65
to financial matters. States Parties shall nominate candidates of the
highest standards of competence and integrity.
2. two members of the Finance Committee shall be nationals of the
same State Party.
3. Members of the Finance Committee shall be elected by the Assembly
and due account shall be taken of the need for equitable geographical
distribution and the representation of special interests. Each group of
States referred to in section 3, paragraph 15 (a), (b), (c) and (d), of
this Annex shall be represented on the Committee by at least one member.
Until the Authority has sufficient funds other than assessed
contributions to meet its administrative expenses, the membership of the
Committee shall include representatives of the five largest financial
contributors to the administrative budget of the Authority. Thereafter,
the election of one member from each group shall be on the basis of
nomination by the members of the respective group, without prejudice to
the possibility of further members being elected from each group.
4. Members of the Finance Committee shall hold office for a term of
five years. They shall be eligible for re-election for a further term.
5. In the event of the death, incapacity or resignation of a member of
the Finance Committee prior to the expiration of the term of office, the
Assembly shall elect for the remainder of the term a member from the
same geographical region or group of States.
6. Members of the Finance Committee shall have no financial interest
in any activity relating responsibility to make recommendations. They shall not disclose, even
after the termination of their functions, any confidential coming to their knowledge by reason of their duties for the Authority.
7. Decisions by the Assembly and the Council on the following issues
shall take into account recommendations of the Finance (a) Draft financial rules, regulations and procedures organs of the Authority and the financial management and internal
financial administration of (b) Assessment of contributions of members to the administrative
budget of the Authority in accordance with article 160, paragraph 2 (e),
of the Convention;
1836. 1994 -Treaty • Trait~s 65
to financial matters. States Parties shall nominate candidates of the
highest standards of competence and integrity.
2. No two members of the Finance Committee shall be nationals of the
same State Party.
3. Members of the Finance Committee shall be elected by the Assembly
and due account shall be taken of the need for equitable geographical
distribution and the representation of special interests. Each group of
States referred to in section 3, paragraph 15 (a), (b), (c) and (d), of
this Annex shall be represented on the Committee by at least one member.
Until the Authority has sufficient funds other than assessed
contributions to meet its administrative expenses, the membership of the
Committee shall include representatives of the five largest financial
contributors to the administrative budget of the Authority. Thereafter,
the election of one member from each group shall be on the basis of
nomination by the members of the respective group, without prejudice to
the possibility of further members being elected from each group.
4. Members of the Finance Committee shall hold office for a term of
five years. They shall be eligible for re-election for a further term.
5. In the event of the death, incapacity or resignation of a member of
the Finance Committee prior to the expiration of the term of office, the
Assembly shall elect for the remainder of the term a member from the
same geographical region or group of States.
6. Members of the Finance Committee shall have no financial interest
in any activity relating to matters upon which the Committee has the
responsibility to make recommendations. They shall not disclose, even
after the termination of their functions, any confidential information
coming to their knowledge by reason of their duties for the Authority.
7. Decisions by the Assembly and the Council on the following issues
shall take into account recommendations of the Finance Committee:
(a) Draft financial rules, regulations and procedures of the
organs of the Authority and the financial management and internal
financial administration of the Authority;
(b) Assessment of contributions of members to the administrative
budget of the Authority in accordance with article 160, paragraph 2 (e),
of the Convention;
Vol 1836, 1-31364
66 Treaty * - 1994
(c) All relevant financial matters, including the proposed annual
budget prepared by the Secretary-General of the Authority in accordance
with article 172 of the Convention and the financial aspects of the
implementation of the programmes of work of the Secretariat;
(d) The administrative budget;
(e) Financial obligations of States Parties arising from the
implementation of this Agreement and Part XI as well as the
administrative and budgetary implications of proposals and
recommendations involving expenditure from the funds of the Authority;
(f) Rules, regulations and procedures on the equitable sharing of
financial and other economic benefits derived from activities in the
Area and the decisions to be made thereon.
8. Decisions in the Finance Committee on questions of procedure shall
be taken by a majority of members present and voting. Decisions on
questions of substance shall be taken by consensus.
9. The requirement of article 162, paragraph 2 (y), of the Convention
to establish a subsidiary organ to deal with financial matters shall deemed to have been fulfilled by the establishment of the Finance
Committee in accordance with this section.
Vol. 1836, United Nations - Treaty Series • Nations Unies Recueil des Trait~s (c) All relevant financial matters, including the proposed annual
budget prepared by the Secretary-General of the Authority in accordance
with article 172 of the Convention and the financial aspects of the
implementation of the programmes of work of the Secretariat;
(d) The administrative budget;
(e) Financial obligations of States Parties arising from the
implementation of this Agreement and Part XI as well as the
administrative and budgetary implications of proposals and
recommendations involving expenditure from the funds of the Authority;
(f) Rules, regulations and procedures on the equitable sharing of
financial and other economic benefits derived from activities in the
Area and the decisions to be made thereon.
a. Decisions in the Finance Committee on questions of procedure shall
be taken by a majority of members present and voting. Decisions on
questions of substance shall be taken by consensus.
9. The requirement of article 162, paragraph 2 (y), of the Convention
to establish a subsidiary organ to deal with financial matters shall be
deemed to have been fulfilled by the establishment of the Finance
Committee in accordance with this section.
1-31364
No. 37924
10 Fish 1) Arabic, English, II Multilateral
Accord aux fins de I'application la Convention la 10 decembre i h deplacements A l'interieur
qu'au delA de zones economiques Entree vigueur : II d&embre 1 Textes authentiques : arabe, chinois, anglais, franqais, russe espagnol
Enregistrement aupres Secretariat 11 2001
No. 37924
Multilateral
Agreement for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of IO December 1982 relating to the
Conservation and Management of Straddling Fisb Stocks and Highly Migratory
Fish Stocks (with annexes). New York, 4 August 1995
Entry into force: 11 December 2001, in accordance with article 40 (I) (see following
page)
Authentic texts: Chinese, French, Russian and Spanish
Registration with the Secretariat of the United Nations: ex officio, 11 December 2001
Multilat~ral
l'application des dispositions de Couvention des Nations Unies
sur le droit de mer du d~cembre 1982 relatives ~ la conservation et ~ la
gestion des stocks de poissons dont les d~placements s'effectuent tant ~ l'int~rieur
del~ ~conomiques exclusives (stocks chevauchants) et des stocks
de poissons grands migrateurs (avec annexes). New York, 4 aofit 1995
Entr~e en vigueur: I/ d~cembre 2001, conform~ment au paragraphe I de l'article 40
(voir la page suivante)
authentiques: fran~ais, et Enregistremeut aupr~s du Secr~tariat des Nations Unies : d'office, II d~cembre 200l
Volume 2167, 1-37924
[ENGLISH TEXT - TEXTE ANGLAIS
AGREEMENT FOR THE IMPLEMENTATION OF THE PROVISIONS OFTHE
UNITED NATIONS CONVENTION ON THE LAW OF THE SEAOF 10 DECEMBER
1982 RELATING TO THE CONSERVATION ANDMANAGEMENT OF STRADDLING
FISH STOCKS AND HIGHLYMIGRATORY FISH STOCKS
The States Parties to this Agreement,
Recalling the relevant provisions of the United Nations Convention
on the Law of the Sea of 10 December 1982,
Determined to ensure the long-term conservation and sustainable
use of straddling fish stocks and highly migratory fish
stocks,
Resolved to improve cooperation between States to that end,
Calling for more effective enforcement by flag States, port
States and coastal States of the conservation and management
measures adopted for such stocks,
Seeking to address in particular the problems identified in
chapter 17, programme area C, of Agenda 21 adopted by the
United Nations Conference on Environment and Development,
namely, that the management of high seas fisheries is inadequate
in many areas and that some resources are overutilized;
noting that there are problems of unregulated
fishing, over-capitalization, excessive fleet size, vessel
reflagging to escape controls, insufficiently selective
gear, unreliable databases and lack of sufficient cooperation
between States,
Committing themselves to responsible fisheries,
Conscious of the need to avoid adverse impacts on the marine
environment, preserve biodiversity, maintain the integrity
of marine ecosystems and minimize the risk of long-term or
irreversible effects of fishing operations,
Recognizing the need for specific assistance, including
financial, scientific and technological assistance, in order
that developing States can participate effectively in the
conservation, management and sustainable use of straddling
fish stocks and highly migratory fish stocks,
Volume 2167, 1-37924
[ ENGLISH TEXT TEXTE ANGLAIS ]
AGREEMENT FOR THE IMPLEMENTATION OF THE PROVISIONS OFTHE
UNITED NATIONS CONVENTION ON THE LAW OF THE SEAOF 10 DECEMBER
1982 RELATING TO THE CONSERVATION ANDMANAGEMENT OF STRADDLING
FISH STOCKS AND HIGHLYMIGRATORY FISH STOCKS
The States Parties to this Agreement,
Recalling the relevant provisions of the United Nations Convention
on the Law of the Sea of 10 December 1982,
Determined to ensure the long-term conservation and sustainable
use of straddling fish stocks and highly migratory fish
stocks,
Resolved to improve cooperation between States to that end,
Calling for more effective enforcement by flag States, port
States and coastal States of the conservation and management
measures adopted for such stocks,
Seeking to address in particular the problems identified in
chapter 17, programme area C, of Agenda 21 adopted by the
United Nations Conference on Environment and Development,
namely, that the management of high seas fisheries is inadequate
in many areas and that some resources are overutilized;
noting that there are problems of unregulated
fishing, over-capitalization, excessive fleet size, vessel
reflagging to escape controls, insufficiently selective
gear, unreliable databases and lack of sufficient cooperation
between States,
Committing themselves to responsible fisheries,
Conscious of the need to avoid adverse impacts on the marine
environment, preserve biodiversity, maintain the integrity
of marine ecosystems and minimize the risk of long-term or
irreversible effects of fishing operations,
Recognizing the need for specific assistance, including
financial, scientific and technological assistance, in order
that developing States can participate effectively in the
conservation, management and sustainable use of straddling
fish stocks and highly migratory fish stocks,
88
Vohme 2167, 1-37924
Convinced that an agreement for the implementation of the
relevant provisions of the Convention would best serve these
purposes and contribute to the maintenance of international
peace and security,
Affirming that matters not regulated by the Convention or by
this Agreement continue to be governed by the rules and principles
of general international law,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Use of terms and scope
1. For the purposes of this Agreement:
(a) "Convention" means the United Nations Convention on the
Law of the Sea of 10 December 1982;
(b) "conservation and management measures" means measures to
conserve and manage one or more species of living marine
resources that are adopted and applied consistent with the
relevant rules of international law as reflected in the Convention
and this Agreement;
(c) "fish" includes molluscs and crustaceans except those
belonging to sedentary species as defined in article 77 of
the Convention; and
(d) "arrangement" means a cooperative mechanism established
in accordance with the Convention and this Agreement by two
or more States for the purpose, inter alia, of establishing
conservation and management measures in a subregion or
region for one or more straddling fish stocks or highly
migratory fish stocks.
2. (a) "States Parties" means States which have consented to
be bound by this Agreement and for which the Agreement is in
force.
Volume 2167, 1-37924
Convinced that an agreement for the implementation of the
relevant provisions of the Convention would best serve these
purposes and contribute to the maintenance of international
peace and security,
Affirming that matters not regulated by the Convention or by
this Agreement continue to be governed by the rules and principles
of general international law,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Use of terms and scope
1. For the purposes of this Agreement:
(a} "Convention" means the United Nations Convention on the
Law of the Sea of 10 December 1982;
(b} "conservation and management measures" means measures to
conserve and manage one or more species of living marine
resources that are adopted and applied consistent with the
relevant rules of international law as reflected in the Convention
and this Agreement;
(c) "fish" includes molluscs and crustaceans except those
belonging to sedentary species as defined in article 77 of
the Convention; and
(d} "arrangement" means a cooperative mechanism established
in accordance with the Convention and this Agreement by two
or more States for the purpose, inter alia, of establishing
conservation and management measures in a subregion or
region for one or more straddling fish stocks or highly
migratory fish stocks.
2. (a} "States Parties" means States which have consented to
be bound by this Agreement and for which the Agreement is in
force.
89
Volume 3 7924
(b) This Agreement applies (i) entity 1
(c), (d) and (e), of the (ii) an "international of Convention
which becomes "States Parties" entities whose 2
conservation and and highly migratory implementation
of 3
conservation jurisdiction, under national and of
exploring areas
under national article
Volume 2167, 1-37924
(b) This Agreement applies mutatis mutandis:
(i) to any entity referred to in article 305, paragraph 1
(c), (d) and (e), of the Convention and
(ii) subject to article 47, to any entity referred to as
an "international organization" in Annex IX, article 1,
of the Convention
which becomes a Party to this Agreement, and to that extent
"States Parties" refers to those entities.
3. This Agreement applies mutatis mutandis to other fishing
entities whose vessels fish on the high seas.
Article Objective
The objective of this Agreement is to ensure the long-term
conservation and sustainable use of straddling fish stocks
and highly migratory fish stocks through effective implementation
of the relevant provisions of the Convention.
Article Application
1. Unless otherwise provided, this Agreement applies to the
conservation and management of straddling fish stocks and
highly migratory fish stocks beyond areas under national
jurisdiction, except that articles 6 and 7 apply also to the
conservation and management of such stocks within areas
under national jurisdiction, subject to the different legal
regimes that apply within areas under national jurisdiction
and in areas beyond national jurisdiction as provided for in
the Convention.
2. In the exercise of its sovereign rights for the purpose exploring and exploiting, conserving and managing straddling
fish stocks and highly migratory fish stocks within under national jurisdiction, the coastal State shall apply
mutatis mutandis the general principles enumerated in article
5.
90
2167, 1-37924
5, 6 7
jurisdiction
the context of
II
Article 5
the Convention:
a) term utilization;
b) best scientific
maintain or
capable of producing maximum sustainable
of
stocks and any generally recommended
or global;
c) precautionary approach in accordance with
Volume 37924
3. States shall give due consideration to the respective
capacities of developing States to apply articles 5, 6 and 7
within areas under national jurisdiction and their need for
assistance as provided for in this Agreement. To this end,
Part VII applies mutatis mutandis in respect of areas under
national jurisdiction.
Article 4
Relationship between this Agreement and the Convention
Nothing in this Agreement shall prejudice the rights, jurisdiction
and duties of States under the Convention. This
Agreement shall be interpreted and applied in and in a manner consistent with the Convention.
PART CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKSAND
HIGHLY MIGRATORY FISH STOCKS
General principles
In order to conserve and manage straddling fish stocks and
highly migratory fish stocks, coastal States and States
fishing on the high seas shall, in giving effect to their
duty to cooperate in accordance with (a) adopt measures to ensure long-term sustainability of
straddling fish stocks and highly migratory fish stocks and
promote the objective of their optimum (b) ensure that such measures are based on the scientific
evidence available and are designed to restore stocks at levels sustainable
yield, as qualified by relevant environmental and
economic factors, including the special requirements developing States, and taking into account fishing patterns,
the interdependence of international minimum standards, whether subregional,
regional (c) apply the 91
2167 1-37924
article 6;
d) and environmental factors on target stocks and species
belonging to the same ecosystem or associated with or dependent
upon the target stocks;
(e) adopt, where necessary, conservation and management measures
for species belonging to the same ecosystem or associated
with or dependent upon the target stocks, with a view to
maintaining or restoring populations of such species above
levels at which their reproduction may become seriously
threatened;
(f) minimize pollution, waste, discards, catch by lost or
abandoned gear, catch of non-target species, both fish and
non-fish species, (hereinafter referred to as non-target
species) and impacts on associated or dependent species, in
particular endangered species, through measures including,
to the extent practicable, the development and use of selective,
environmentally safe and cost-effective fishing gear
and techniques;
(g) protect biodiversity in the marine environment;
(h) take measures to prevent or eliminate overfishing and
excess fishing capacity and to ensure that levels of fishing
effort do not exceed those commensurate with the sustainable
use of fishery resources;
(i) take into account the interests of artisanal and subsistence
fishers;
(j) collect and share, in a timely manner, complete and accurate
data concerning fishing activities on, inter alia, vessel
position, catch of target and non-target species and
fishing effort, as set out in Annex I, as well as information
from national and international research programmes;
(k) promote and conduct scientific research and develop
appropriate technologies in support of fishery conservation
and management; and
Volume 2167, 1-37924
(d) assess the impacts of fishing, other human activities
dependent
e) measures
associated
f) fish hereinafter target
selective,
effective g) h) (i) take into account the interests of artisanal and subsistence
j) accurate
vessel
k) 92
3 7924
(1) implement and enforce conservation and management measures
through effective monitoring, control and surveillance.
Article 6
Application of the precautionary approach
1. States shall apply the precautionary approach widely to
conservation, management and exploitation of straddling fish
stocks and highly migratory fish stocks in order to protect
the living marine resources and preserve the marine environment.
2. States shall be more cautious when information is uncertain,
unreliable or inadequate. The absence of adequate scientific
information shall not be used as a reason for
postponing or failing to take conservation and management
measures.
3. In implementing the precautionary approach, States shall:
(a) improve decision-making for fishery resource conservation
and management by obtaining and sharing the best scientific
information available and implementing improved
techniques for dealing with risk and uncertainty;
(b) apply the guidelines set out in Annex II and determine,
on the basis of the best scientific information available,
stock-specific reference points and the action to be taken
if they are exceeded;
(c) take into account, inter alia, uncertainties relating to
the size and productivity of the stocks, reference points,
stock condition in relation to such reference points, levels
and distribution of fishing mortality and the impact of
fishing activities on non-target and associated or dependent
species, as well as existing and predicted oceanic, environmental
and socio-economic conditions; and
(d) develop data collection and research programmes to
assess the impact of fishing on non-target and associated or
dependent species and their environment, and adopt plans
Volume 2167, 1-37924
1) measures
surveillance.
environment.
uncertain,
scientific
a) making conservation
scientific
b) c) target environmental
economic d) target 93
Volume 2167, 1-37924
which are necessary to ensure the conservation of such species
and to protect habitats of special concern.
4. States shall take measures to ensure that, when reference
points are approached, they will not be exceeded. In the
event that they are exceeded, States shall, without delay,
take the action determined under paragraph 3 (b) to restore
the stocks.
5. Where the status of target stocks or non-target or associated
or dependent species is of concern, States shall subject
such stocks and species to enhanced monitoring in order
to review their status and the efficacy of conservation and
management measures. They shall revise those measures regularly
in the light of new information.
6. For new or exploratory fisheries, States shall adopt as
soon as possible cautious conservation and management measures,
including, inter alia, catch limits and effort limits.
Such measures shall remain in force until there are
sufficient data to allow assessment of the impact of the
fisheries on the long-term sustainability of the stocks,
whereupon conservation and management measures based on that
assessment shall be implemented. The latter measures shall,
if appropriate, allow for the gradual development of the
fisheries.
7. If a natural phenomenon has a significant adverse impact
on the status of straddling fish stocks or highly migratory
fish stocks, States shall adopt conservation and management
measures on an emergency basis to ensure that fishing activity
does not exacerbate such adverse impact. States shall
also adopt such measures on an emergency basis where fishing
activity presents a serious threat to the sustainability of
such stocks. Measures taken on an emergency basis shall be
temporary and shall be based on the best scientific evidence
available.
Article 7
Compatibility of conservation and management measures
1. Without prejudice to the sovereign rights of coastal
Volume 2167, 1-37924
which are necessary to ensure the conservation of such species
and to protect habitats of special concern.
4. States shall take measures to ensure that, when reference
points are approached, they will not be exceeded. In the
event that they are exceeded, States shall, without delay,
take the action determined under paragraph 3 (b) to restore
the stocks.
5. Where the status of target stocks or non-target or associated
or dependent species is of concern, States shall subject
such stocks and species to enhanced monitoring in order
to review their status and the efficacy of conservation and
management measures. They shall revise those measures regularly
in the light of new information.
6. For new or exploratory fisheries, States shall adopt as
soon as possible cautious conservation and management measures,
including, inter alia, catch limits and effort limits.
Such measures shall remain in force until there are
sufficient data to allow assessment of the impact of the
fisheries on the long-term sustainability of the stocks,
whereupon conservation and management measures based on that
assessment shall be implemented. The latter measures shall,
if appropriate, allow for the gradual development of the
fisheries.
7. If a natural phenomenon has a significant adverse impact
on the status of straddling fish stocks or highly migratory
fish stocks, States shall adopt conservation and management
measures on an emergency basis to ensure that fishing activity
does not exacerbate such adverse impact. States shall
also adopt such measures on an emergency basis where fishing
activity presents a serious threat to the sustainability of
such stocks. Measures taken on an emergency basis shall be
temporary and shall be based on the best scientific evidence
available.
Article 7
Compatibility of conservation and management measures
1. Without prejudice to the sovereign rights of coastal
94
States exploiting, conserving
and managing the living marine resources within areas
national Convention,
for nationals engage accordance Convention:
(a) with shall seek, either
for cooperation
III, to agree upon the measures
the conservation of these stocks in the adjacent
b) to highly migratory fish stocks, the relevant
nationals fish
either
mechanisms for cooperation
conservation
for the
under national jurisdiction
conservation
fish stocks and highly
seas have a
achieving compatible
compatible
measures, States shall:
a) into account the conservation and management measures
and applied in accordance with article 61 of
of the same stocks by coastal
areas under national jurisdiction and ensure
for the
do not undermine the effectiveness of such mea-
Volume 2167, 1-37924
States for the purpose of exploring and exploiting, conserving
and under national jurisdiction as provided for in the Convention,
and the right of all States for their nationals to
engage in fishing on the high seas in accordance with the
Convention:
(a) with respect to straddling fish stocks, the relevant
coastal States and the States whose nationals fish for such
stocks in the adjacent high seas area directly or through the appropriate mechanisms cooperation
provided for in Part necessary for adjacent
high seas area;
(b) with respect relevant
coastal States and other States whose for such stocks in the region shall cooperate, directly or through the appropriate cooperation
provided for in Part III, with a view to ensuring conservation
and promoting the objective of optimum utilization
of such stocks throughout the region, both within and beyond
the areas under national jurisdiction.
2. Conservation and management measures established high seas and those adopted for areas jurisdiction
shall be compatible in order to ensure and management of the straddling migratory fish stocks in their entirety. To this end,
coastal States and States fishing on the high duty to cooperate for the purpose of measures in respect of such stocks. In determining compatible
conservation and management (a) take measures
adopted the Convention in respect States within that measures established in respect of such stocks high seas mea95
Volume 2167, 1-37924
sures;
(b) take into account previously agreed measures established
and applied for the high seas in accordance with the Convention
in respect of the same stocks by relevant coastal States
and States fishing on the high seas;
(c) take into account previously agreed measures established
and applied in accordance with the Convention in respect of
the same stocks by a subregional or regional fisheries management
organization or arrangement;
(d) take into account the biological unity and other biological
characteristics of the stocks and the relationships
between the distribution of the stocks, the fisheries and
the geographical particularities of the region concerned,
including the extent to which the stocks occur and are fished
in areas under national jurisdiction;
(e) take into account the respective dependence of the
coastal States and the States fishing on the high seas on the
stocks concerned; and
(f) ensure that such measures do not result in harmful impact
on the living marine resources as a whole.
3. In giving effect to their duty to cooperate, States shall
make every effort to agree on compatible conservation and
management measures within a reasonable period of time.
4. If no agreement can be reached within a reasonable period
of time, any of the States concerned may invoke the procedures
for the settlement of disputes provided for in Part
VIII.
5. Pending agreement on compatible conservation and management
measures, the States concerned, in a spirit of understanding
and cooperation, shall make every effort to enter
into provisional arrangements of a practical nature. In the
event that they are unable to agree on such arrangements, any
Volume 2167, 1-37924
sures;
(b) take into account previously agreed measures established
and applied for the high seas in accordance with the Convention
in respect of the same stocks by relevant coastal States
and States fishing on the high seas;
(c) take into account previously agreed measures established
and applied in accordance with the Convention in respect of
the same stocks by a subregional or regional fisheries management
organization or arrangement;
(d) take into account the biological unity and other biological
characteristics of the stocks and the relationships
between the distribution of the stocks, the fisheries and
the geographical particularities of the region concerned,
including the extent to which the stocks occur and are fished
in areas under national jurisdiction;
(e) take into account the respective dependence of the
coastal States and the States fishing on the high seas on the
stocks concerned; and
(f) ensure that such measures do not result in harmful impact
on the living marine resources as a whole.
3. In giving effect to their duty to cooperate, States shall
make every effort to agree on compatible conservation and
management measures within a reasonable period of time.
4. If no agreement can be reached within a reasonable period
of time, any of the States concerned may invoke the procedures
for the settlement of disputes provided for in Part
VIII.
5. Pending agreement on compatible conservation and management
measures, the States concerned, in a spirit of understanding
and cooperation, shall make every effort to enter
into provisional arrangements of a practical nature. In the
event that they are unable to agree on such arrangements, any
96
Volume 2167, 1-37924
of provisional the tribunal
in with provided or prescribed
pursuant to paragraph 5 provisions Part, to and obligations of jeopardize
regularly management
appropriate means, of straddling fish stocks appropriate
organizations
activities
STRADDLING
FISH Article 8
1. Coastal States Volume 2167, 1-37924
of the States concerned may, for the purpose of obtaining
provisional measures, submit the dispute to a court or tribunal
in accordance with the procedures for the settlement
of disputes provided for in Part VIII.
6. Provisional arrangements or measures entered into or prescribed
pursuant to paragraph S shall take into account the
provisions of this Part, shall have due regard to the rights
and obligations of all States concerned, shall not jeopardize
or hamper the reaching of final agreement on compatible
conservation and management measures and shall be without
prejudice to the final outcome of any dispute settlement
procedure.
7. Coastal States shall regularly inform States fishing on
the high seas in the subregion or region, either directly or
through appropriate subregional or regional fisheries management
organizations or arrangements, or through other
appropriate means, of the measures they have adopted for
straddling fish stocks and highly migratory fish stocks
within areas under their national jurisdiction.
8. States fishing on the high seas shall regularly inform
other interested States, either directly or through appropriate
subregional or regional fisheries management organizations
or arrangements, or through other appropriate means,
of the measures they have adopted for regulating the activities
of vessels flying their flag which fish for such stocks
on the high seas.
PART III
MECHANISMS FOR INTERNATIONAL COOPERATION CONCERNING STRADDLING
FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS
Cooperation for conservation and management
1. Coastal States and States fishing on the high seas shall,
in accordance with the Convention, pursue cooperation in
relation to straddling fish stocks and highly migratory fish
stocks either directly or through appropriate subregional or
97
Volume 2167. 1-3 7924
regional fisheries management organizations or arrangements,
taking into account the specific characteristics of the subregion
or region, to ensure effective conservation and management
of such stocks.
2. States shall enter into consultations in good faith and
without delay, particularly where there is evidence that the
straddling fish stocks and highly migratory fish stocks concerned
may be under threat of over-exploitation or where a
new fishery is being developed for such stocks. To this end,
consultations may be initiated at the request of any interested
State with a view to establishing appropriate arrangements
to ensure conservation and management of the stocks.
Pending agreement on such arrangements, States shall observe
the provisions of this Agreement and shall act in good faith
and with due regard to the rights, interests and duties of
other States.
3. Where a subregional or regional fisheries management
organization or arrangement has the competence to establish
conservation and management measures for particular straddling
fish stocks or highly migratory fish stocks, States
fishing for the stocks on the high seas and relevant coastal
States shall give effect to their duty to cooperate by becoming
members of such organization or participants in such
arrangement, or by agreeing to apply the conservation and
management measures established by such organization or
arrangement. States having a real interest in the fisheries
concerned may become members of such organization or participants
in such arrangement. The terms of participation in
such organization or arrangement shall not preclude such
States from membership or participation; nor shall they be
applied in a manner which discriminates against any State or
group of States having a real interest in the fisheries concerned.
4. Only those States which are members of such an organization
or participants in such an arrangement, or which agree
to apply the conservation and management measures established
by such organization or arrangement, shall have
Volume 2167, 1-37924
regional fisheries management organizations or arrangements,
taking into account the specific characteristics of the subregion
or region, to ensure effective conservation and management
of such stocks.
2. States shall enter into consultations in good faith and
without delay, particularly where there is evidence that the
straddling fish stocks and highly migratory fish stocks concerned
may be under threat of over-exploitation or where a
new fishery is being developed for such stocks. To this end,
consultations may be initiated at the request of any interested
State with a view to establishing appropriate arrangements
to ensure conservation and management of the stocks.
Pending agreement on such arrangements, States shall observe
the provisions of this Agreement and shall act in good faith
and with due regard to the rights, interests and duties of
other States.
3. Where a subregional or regional fisheries management
organization or arrangement has the competence to establish
conservation and management measures for particular straddling
fish stocks or highly migratory fish stocks, States
fishing for the stocks on the high seas and relevant coastal
States shall give effect to their duty to cooperate by becoming
members of such organization or participants in such
arrangement, or by agreeing to apply the conservation and
management measures established by such organization or
arrangement. States having a real interest in the fisheries
concerned may become members of such organization or participants
in such arrangement. The terms of participation in
such organization or arrangement shall not preclude such
States from membership or participation; nor shall they be
applied in a manner which discriminates against any State or
group of States having a real interest in the fisheries concerned.
4. Only those States which are members of such an organization
or participants in such an arrangement, or which agree
to apply the conservation and management measures established
by such organization or arrangement, shall have
98
Volume 2167, 1-37924
access to the fishery resources to which those measures
apply.
5. Where there is no subregional or regional fisheries management
organization or arrangement to establish conservation
and management measures for a particular straddling
fish stock or highly migratory fish stock, relevant coastal
States and States fishing on the high seas for such stock in
the subregion or region shall cooperate to establish such an
organization or enter into other appropriate arrangements to
ensure conservation and management of such stock and shall
participate in the work of the organization or arrangement.
6. Any State intending to propose that action be taken by an
intergovernmental organization having competence with
respect to living resources should, where such action would
have a significant effect on conservation and management
measures already established by a competent subregional or
regional fisheries management organization or arrangement,
consult through that organization or arrangement with its
members or participants. To the extent practicable, such
consultation should take place prior to the submission of
the proposal to the intergovernmental organization.
Article 9
Subregional and regional fisheries management organizationsand
arrangements
1. In establishing subregional or regional fisheries management
organizations or in entering into subregional or
regional fisheries management arrangements for straddling
fish stocks and highly migratory fish stocks, States shall
agree, inter alia, on:
(a) the stocks to which conservation and management measures
apply, taking into account the biological characteristics of
the stocks concerned and the nature of the fisheries
involved;
(b) the area of application, taking into account article 7,
paragraph 1, and the characteristics of the subregion or
Volume 2167, 1-37924
management
conservation
organizationsand
management
a) b) 99
37924
economic, environmental
factors;
c) of the new organization
the role, objectives and operations
organizations
and
(d) the mechanisms by which the organization or arrangement
will obtain scientific advice and review the status of the
stocks, including, where appropriate, the establishment of a
scientific advisory body.
2. States cooperating in the formation of a subregional or
regional fisheries management organization or arrangement
shall inform other States which they are aware have a real
interest in the work of the proposed organization or
arrangement of such cooperation.
Article 10
Functions of subregional and regional fisheries managementorganizations
and arrangements
In fulfilling their obligation to cooperate through subregional
or regional fisheries management organizations or
arrangements, States shall:
(a) agree on and comply with conservation and management
measures to ensure the long-term sustainability of straddling
fish stocks and highly migratory fish stocks;
(b) agree, as appropriate, on participatory rights such as
allocations of allowable catch or levels of fishing effort;
(c) adopt and apply any generally recommended international
minimum standards for the responsible conduct of fishing
operations;
(d) obtain and evaluate scientific advice, review the status
of the stocks and assess the impact of fishing on non-target
Volume 2167, 1-37924
region, including socio-economic, geographical and environmental
(c) the relationship between the work organization
or arrangement and of any relevant existing fisheries management or arrangements; d) managementorganizations
subregional
a) term straddling
b) c) d) target
100
Volume 2167, 1-37924
and associated or dependent species;
(e) agree on standards for collection, reporting, verification
and exchange of data on fisheries for the stocks;
(f) compile and disseminate accurate and complete statistical
data, as described in Annex I, to ensure that the best
scientific evidence is available, while maintaining confidentiality
where appropriate;
(g) promote and conduct scientific assessments of the stocks
and relevant research and disseminate the results thereof;
(h) establish appropriate cooperative mechanisms for effective
monitoring, control, surveillance and enforcement;
(i) on means by which the fishing interests of new members
of or new in the arrangement
will be (j) agree on procedures which facilitate the
adoption and measures in a timely
effective (k) promote of accordance
with Part 1) ensure relevant national
or m) conservation arrangement.
Article 11
In determining management
subregional
101
Volume 2167, 1-37924
and associated or dependent species;
(e) agree on standards for collection, reporting, verification
and exchange of data on fisheries for the stocks;
(f) compile and disseminate accurate and complete statistical
data, as described in Annex I, to ensure that the best
scientific evidence is available, while maintaining confidentiality
where appropriate;
(g) promote and conduct scientific assessments of the stocks
and relevant research and disseminate the results thereof;
(h) establish appropriate cooperative mechanisms for effective
monitoring, control, surveillance and enforcement;
(i) agree on means by which the fishing interests of new members
of the organization or new participants in the arrangement
will be accommodated;
(j) agree on decision-making procedures which facilitate the
adoption of conservation and management measures in a and effective manner;
(k) promote the peaceful settlement of disputes in accordance
with Part VIII;
(1) ensure the full cooperation of their relevant national
agencies and industries in implementing the recommendations
and decisions of the organization or arrangement; and
(m) give due publicity to the conservation and management
measures established by the organization or New members or participants
In determining the nature and extent of participatory rights
for new members of a subregional or regional fisheries management
organization, or for new participants in a subregional
or regional fisheries management arrangement, States
shall take into account, inter alia:
IOI
Volume 2167, 37924
(a) the status of the straddling fish stocks and highly
stocks and the existing level of fishing
(b) the respective interests, fishing patterns and fishing
practices of new and existing members or participants;
(c) the respective contributions of new and existing members
or participants to conservation and management of the
and provision of accurate data and
to the conduct of scientific research on the stocks;
(d) the needs of coastal fishing communities which are
dependent mainly on fishing for the stocks;
(e) the needs of coastal States whose economies are overwhelmingly
dependent on the exploitation of living marine
resources; and
(f) region in whose areas of national jurisdiction the stocks
also occur.
Article 12
Transparency in activities of subregional and regional fisheriesmanagement
organizations and arrangements
1. States shall provide for transparency in the decisionmaking
process and other activities of subregional and
regional fisheries management organizations and arrangements.
2. Representatives from other intergovernmental organizations
and representatives from non-governmental organizations
concerned with straddling fish stocks and highly
migratory fish stocks shall be afforded the opportunity to
take part in meetings of subregional and regional fisheries
management organizations and arrangements as observers or
otherwise, as appropriate, in accordance with the procedures
of the organization or arrangement concerned. Such proce-
Volume 2167, 1-37924
a) migratory fish effort in the fishery;
b) c) stocks, to the collection d) e) overwhelmingly
f) the interests of developing States from the subregion or
fisheriesmanagement
decisionmaking
arrangements.
organizations
organizations
102
Volume 2167, 1-37924
dures shall not be unduly restrictive in this respect. Such
intergovernmental organizations and non-organizations
shall have timely access to the records and reports
of such organizations and arrangements, subject to the procedural
rules on access to them.
Article 13
Strengthening of existing organizations and arrangements
States shall cooperate to strengthen existing subregional
and regional fisheries management organizations and arrangements
in order to improve their effectiveness in establishing
and implementing conservation and management measures
for straddling fish stocks and highly migratory fish stocks.
Article 14
Collection and provision of and cooperationin
scientific research
1. States shall that fishing vessels flying their
flag such information may be necessary in order to
fulfil their obligations this Agreement. To this end,
States a) collect and scientific, technical and statistical
with to fisheries for fish
stocks and migratory b) ensure that collected in to
in the or c) the of such
subregional
a) format in
or
Volume 2167, 1-37924
• dures shall not be unduly restrictive in this respect. Such
intergovernmental organizations and non-governmental organizations
shall have timely access to the records and reports
of such organizations and arrangements, subject to the procedural
rules on access to them.
Article 13
Strengthening of existing organizations and arrangements
States shall cooperate to strengthen existing subregional
and regional fisheries management organizations and arrangements
in order to improve their effectiveness in establishing
and implementing conservation and management measures
for straddling fish stocks and highly migratory fish stocks.
Article 14
Collection and provision of information and cooperationin
scientific research
1. States shall ensure that fishing vessels flying their
flag provide such information as may be necessary in order to
fulfil their obligations under this Agreement. To States shall in accordance with Annex I:
(a) collect and exchange scientific, technical and statistical
data with respect to fisheries for straddling fish
stocks and highly migratory fish stocks;
(b) ensure that data are collected in sufficient detail to
facilitate effective stock assessment and are provided in a
timely manner to fulfil the requirements of subregional or
regional fisheries management organizations or arrangements;
and
(c) take appropriate measures to verify the accuracy data.
2. States shall cooperate, either directly or through subregional
or regional fisheries management organizations or
arrangements:
(a) to agree on the specification of data and the which they are to be provided to such organizations 103
37924
arrangements, taking into account the nature of the stocks
and the fisheries for those stocks; and
(b) to develop and share analytical techniques and stock
assessment methodologies to improve measures for the conservation
and management of straddling fish stocks and highly
migratory fish stocks.
3. Consistent with Part XIII of the Convention, States cooperate, either directly or through competent international
organizations, to strengthen scientific research
capacity in the field of fisheries and promote scientific
research related to the conservation and management of
straddling fish stocks and highly migratory fish stocks for
the benefit of all. To this end, a State or the competent
international organization conducting such research beyond
areas under national jurisdiction shall actively promote the
publication and dissemination to any interested States of
the results of that research and information relating to its
objectives and methods and, to the extent practicable, shall
facilitate the participation of scientists from those States
in such research.
Article 15
Enclosed and semi-enclosed seas
In implementing this Agreement in an enclosed or semienclosed
sea, States shall take into account the natural
characteristics of that sea and shall also act in a manner
consistent with Part IX of the Convention and other relevant
provisions thereof.
Article 16
Areas of high seas surrounded entirely by an area underthe
national jurisdiction of a single State
1. States fishing for straddling fish stocks and highly
migratory fish stocks in an area of the high seas surrounded
entirely by an area under the national jurisdiction of a single
State and the latter State shall cooperate to establish
conservation and management measures in respect of those
Volume 2167, 1-37924
b) conservation
shall
international
international organization enclosed In implementing semienclosed
Areas of high national jurisdiction migratory single
104
1-37924
in the attention
establishment conservation stocks article 7.
taken of the high seas shall take into
the of the coastal
the the best scientific
also take into account
of the same stocks in accordance with article 61
area under
shall also agree on measures
enforcement to
management measures
2. 8, States shall act in good faith and
without delay on conservation and
in the carrying out, of
the area referred to in paragraph 1.
time, the fishing States
1, of such
the States concerned
flying their flag
could undermine
the stocks concerned.
NON-MEMBERS AND NON-PARTICIPANTS
Article 17
and non-participantsin arrangements
fisheries management organization or is not a participant in
arrangement,
to apply the conservation
management measures established by such organization or
from the obligation to coop-
Volume 2167, /-3 7924
stocks in the high seas area. Having regard to the natural
characteristics of the area, States shall pay special attention
to the establishment of compatible conservation and
management measures for such stocks pursuant to Measures taken in respect the high account the rights, duties and interests of State under the Convention, shall be based on scientific
evidence available and shall any conservation and management measures adopted and applied
in respect of the Convention by the coastal State in the national jurisdiction. States for monitoring, control, surveillance and ensure compliance with the conservation and measures
in respect of the high seas.
Pursuant to article make every effort to agree management measures to be applied out. fishing operations in If, within a reasonable period of concerned and the coastal State are unable to agree on such
measures, they shall, having regard to paragraph apply
article 7, paragraphs 4, 5 and 6, relating to provisional
arrangements or measures. Pending the establishment provisional arrangements or measures, shall take measures in respect of vessels in order that they not engage in fisheries which undermine
PART IV
Non-members of organizations participantsin arrangements
1. A State which is not a member of a subregional or regional
a subregional or regional fisheries management and which does not otherwise agree and arrangement, is not discharged 105
Volume 1-37924
Agreement,
in the straddling
shall conservation
by such organization
or participants in a subregional
or the fishing entities
1, paragraph 3, which have fishing
cooperate fully with such
a view to
as extensively as possible
fishing
from participation in the
their commitment to comply with
of the
organization or participants
shall exchange information with
flying the
members of the organization
the arrangement and which are
the relevant stocks. They
Agreement and
to deter activities of such vessels which
or regional conservation
measures.
DUTIES OF THE FLAG STATE
Article 18
Duties of the fldg State
Volume 2167, 1-37924
erate, in accordance with the Convention and this Agreement,
in the conservation and management of the relevant straddling
fish stocks and highly migratory fish stocks.
2. Such State shall not authorize vessels flying its flag to
engage in fishing operations for the straddling fish stocks
or highly migratory fish stocks which are subject to the conservation
and management measures established organization
or arrangement.
3. States which are members of a subregional or regional
fisheries management organization subregional
or regional fisheries management arrangement shall,
individually or jointly, request referred to in article vessels in the relevant area to organization or arrangement in implementing the conservation
and management measures it has established, with having such measures applied de facto possible
to fishing activities in the relevant area. Such fishing
entities shall enjoy benefits fishery commensurate with conservation and management measures in respect stocks.
4. States which are members of such participants
in such arrangement respect to the activities of fishing vessels flags of States which are neither organization
nor participants in engaged in fishing operations for shall take measures consistent with this international law undermine the effectiveness of subregional conservation
and management PART V
flag 106
Volume 2167, 1-3 7924
1. A State whose vessels fish on the high seas shall take
such measures as may be necessary to ensure that vessels flying
its flag comply with subregional and regional conservation
and management measures and that such vessels do not
engage in any activity which undermines the effectiveness of
such measures.
2. A State shall authorize the use of vessels flying its flag
for fishing on the high seas only where it is able to exercise
effectively its responsibilities in respect of such
vessels under the Convention and this Agreement.
3. Measures to be taken by a State in respect of vessels flying
its flag shall include:
(a) control of on the high seas by means of
licences, or permits, in accordance
any agreed at the subregional,
regional level;
(b) regulations:
(i) apply and conditions to the licence, authorization
or to subregional,
global obligations the State;
(ii) fishing high seas are duly authorized to fish, or on
otherwise in with (iii) the carry
duly
iv) unauthorized Volume 2167, 1-37924
1. A State whose vessels fish on the high seas shall take
such measures as may be necessary to ensure that vessels flying
its flag comply with subregional and regional conservation
and management measures and that such vessels do not
engage in any activity which undermines the effectiveness of
such measures.
2. A State shall authorize the use of vessels flying its flag
for fishing on the high seas only where it is able to exercise
effectively its responsibilities in respect of such
vessels under the Convention and this Agreement.
3. Measures to be taken by a State in respect of vessels flying
its flag shall include:
(a) control of such vessels on the high seas by means of
fishing licences, authorizations or permits, in with any applicable procedures agreed at the subregional,
regional or global level;
(b) establishment of regulations:
(i) to apply terms and conditions to the licence, authorization
or permit sufficient to fulfil any subregional,
regional or global obligations of the flag State;
(ii) to prohibit fishing on the high seas by vessels which
are not duly licensed or authorized to fish, or fishing on
the high seas by vessels otherwise than in accordance
with the terms and conditions of a licence, authorization
or permit;
(iii) to require vessels fishing on the high seas to carry
the licence, authorization or permit on board at all
times and to produce it on demand for inspection by a duly
authorized person; and
(iv) to ensure that vessels flying its flag do not conduct
unauthorized fishing within areas under the national
jurisdiction of other States;
107
2167, 3 7924
c) national record of fishing vessels
authorized to fish on the high seas and provision of access
to the information contained in that record on request by
directly interested States, taking into account any national
laws of the flag State regarding the release of such information;
(d) requirements for marking of fishing vessels and fishing
gear for identification in accordance with uniform and
internationally recognizable vessel and gear marking systems,
such as the Food and Agriculture Organization of the
United Nations Standard Specifications for the Marking and
Identification of Fishing Vessels;
(e) requirements for recording and timely reporting of vessel
position, catch of target and non-target species, fishing
effort and other relevant fisheries data in accordance
with subregional, regional and global standards for collection
of such data;
(f) nontarget
species through such means as observer programmes,
inspection schemes, unloading reports, supervision of transshipment
and monitoring of landed catches and market statistics;
(g) their fishing operations and related activities by, inter
alia:
i) subregional and regional schemes for cooperation in
enforcement pursuant to articles 21 and 22, including
requirements for such vessels to permit access by duly
authorized inspectors from other States;
ii) and subregional and regional observer programmes in which
the flag State is a participant, including requirements
for such vessels to permit access by observers from other
States to carry out the functions agreed under the pro-
Volume 2167. 1-37924
(c) establishment of a information;
d) systems,
e) vessel
fishing
collection
f) requirements for verifying the catch of target and nontarget
transshipment
statistics;
g) monitoring, control and surveillance of such vessels,
(i) the implementation of national inspection schemes and
(ii) the implementation of national observer programmes
prol08
3 7924
(iii) the development monitoring
transmitter systems, in accordance programmes
and regionally
(h) regulation of transshipment that the effectiveness of conservation and management measures
(i) regulation with subregional, regional or global measures, including
those aimed at minimizing catches of non-target 4. Where there is agreed system of monitoring, effect, States shall ensure that the measures vessels flying their flag are compatible with that system.
COMPLIANCE 1. A State shall ensure compliance by vessels with subregional and regional measures fish stocks. (a) enforce occur;
(b) investigate of subregional or regional conservation and management measures,
which may vessels
concerned, and report promptly to the the violation and the relevant subregional or regional organization
or arrangement on the progress and investigation;
Volume 2167, 1-37924
grammes; and
iii) and implementation of vessel monitoring
systems, including, as appropriate, satellite
with any national programmes
those which have been subregionally, regionally
or globally agreed among the States concerned;
h) on the high seas to ensure
measures
is not undermined; and
i) of fishing activities to ensure compliance
target species.
a subregionally, regionally or globally
control and surveillance in
they impose on
PART VI
AND ENFORCEMENT
Article 19
Compliance and enforcement by the flag State
flying its flag
conservation and management
for straddling fish stocks and highly migratory
To this end, that State shall:
a) such measures irrespective of where violations
b) immediately and fully any alleged violation
measures,
include the physical inspection of the vessels
State alleging
organization
outcome of the
109
Volume 2167, 1-37924
(c) require any vessel flying its flag to give information to
the investigating authority regarding vessel position,
catches, fishing gear, fishing operations and related activities
in the area of an alleged violation;
(d) if satisfied that sufficient evidence is available in
respect of an alleged violation, refer the case to its
authorities with a view to instituting proceedings without
delay in accordance with its laws and, where appropriate,
detain the vessel concerned; and
(e) ensure that, where it has been established, in accordance
with its laws, a vessel has been involved in the commission
of a serious violation of such measures, the vessel
does not engage in fishing operations on the high seas until
such time as all outstanding sanctions imposed by the flag
State in respect of the violation have been complied with.
2. All investigations and judicial proceedings shall be carried
out expeditiously. Sanctions applicable in respect of
violations shall be adequate in severity to be effective in
securing compliance and to discourage violations wherever
they occur and shall deprive offenders of the benefits
accruing from their illegal activities. Measures applicable
in respect of masters and other officers of fishing vessels
shall include provisions which may permit, inter alia,
refusal, withdrawal or suspension of authorizations to serve
as masters or officers on such vessels.
Article 20
International cooperation in enforcement
1. States shall cooperate, either directly or through subregional
or regional fisheries management organizations or
arrangements, to ensure compliance with and enforcement of
subregional and regional conservation and management measures
for straddling fish stocks and highly migratory fish
stocks.
2. A flag State conducting an investigation of an alleged
violation of conservation and management measures for straddling
fish stocks or highly migratory fish stocks may
Volume 2167, 1-37924
(c) require any vessel flying its flag to give information to
the investigating authority regarding vessel position,
catches, fishing gear, fishing operations and related activities
in the area of an alleged violation;
(d) if satisfied that sufficient evidence is available in
respect of an alleged violation, refer the case to its
authorities with a view to instituting proceedings without
delay in accordance with its laws and, where appropriate,
detain the vessel concerned; and
(e) ensure that, where it has been established, in accordance
with its laws, a vessel has been involved in the commission
of a serious violation of such measures, the vessel
does not engage in fishing operations on the high seas until
such time as all outstanding sanctions imposed by the flag
State in respect of the violation have been complied with.
2. All investigations and judicial proceedings shall be carried
out expeditiously. Sanctions applicable in respect of
violations shall be adequate in severity to be effective in
securing compliance and to discourage violations wherever
they occur and shall deprive offenders of the benefits
accruing from their illegal activities. Measures applicable
in respect of masters and other officers of fishing vessels
shall include provisions which may permit, inter alia,
refusal, withdrawal or suspension of authorizations to serve
as masters or officers on such vessels.
Article 20
International cooperation in enforcement
1. States shall cooperate, either directly or through subregional
or regional fisheries management organizations or
arrangements, to ensure compliance with and enforcement of
subregional and regional conservation and management measures
for straddling fish stocks and highly migratory fish
stocks.
2. A flag State conducting an investigation of an alleged
violation of conservation and management measures for straddling
fish stocks or highly migratory fish stocks may
I IO
2167, other cooperation
of that investigation. All
flag connection 3. undertake such investigations directly,
in with or through the
fisheries management organization
progress and
the having shall assist each other in identifying vessels
reported engaged in activities undermining the
conservation
shall, to the extent permitted by national laws and
regulations, establish arrangements for making available to
authorities in other States evidence relating to
violations of such measures.
6. Where there are reasonable grounds for believing that a
in unauthorized
at the request of the
State concerned, shall immediately and fully investigate
The flag State shall cooperate with the
State in taking appropriate enforcement action in
and may authorize the relevant authorities of the
the vessel on the high
paragraph is without prejudice to article I1 of
Convention.
which are members of a subregional or
regional.fisheries management organization or participants
in a subregional or regional fisheries management arrangement
may take action in accordance with international law,
or regional proce-
Volume 2 167, 1-37924
request the assistance of any other State whose may be useful in the conduct of States shall endeavour to meet reasonable requests made by a
flag State in connection with such investigations.
3. A flag State may undertake in cooperation with other interested States relevant subregional or regional organization
or arrangement. Information on the outcome of the investigations shall be provided to all
States having an interest in, or affected by, the alleged
violation.
4. States reported to have effectiveness of subregional, regional or global conservation
and management measures.
5. States prosecuting alleged vessel on the high seas has been engaged fishing within an area under the jurisdiction of a coastal
State, the flag State of that vessel, coastal investigate
the matter. coastal such cases coastal State to board and inspect seas. This 111 the 7. States Parties regional .fisheries arrangement
including through recourse to subregional proce111
Volume 2167, 1-3 7924
dures established for this purpose, to deter vessels which
have engaged in activities which undermine the effectiveness
of or otherwise violate the conservation and management measures
established by that organization or arrangement from
fishing on the high seas in the subregion or region until
such time as appropriate action is taken by the flag State.
Article 21
Subregional and regional cooperation in enforcement
1. In any high seas area covered by a subregional or regional
fisheries management organization or arrangement, a State
Party which is a member of such organization or a participant
in such arrangement may, through its duly authorized inspectors,
board and inspect, in accordance with paragraph 2,
fishing vessels flying the flag of another State Party to
this Agreement, whether or not such State Party is also a
member of the organization or a participant in the arrangement,
for the purpose of ensuring compliance with conservation
and management measures for straddling fish stocks and
highly migratory fish stocks established by that organization
or arrangement.
2. States shall establish, through subregional or regional
fisheries management organizations or arrangements, procedures
for boarding and inspection pursuant to paragraph 1,
as well as procedures to implement other provisions of this
article. Such procedures shall be consistent with this article
and the basic procedures set out in article 22 and shall
not discriminate against non-members of the organization or
non-participants in the arrangement. Boarding and inspection
as well as any subsequent enforcement action shall be conducted
in accordance with such procedures. States shall give
due publicity to procedures established pursuant to this
paragraph.
3. If, within two years of the adoption of this Agreement,
any organization or arrangement has not established such
procedures, boarding and inspection pursuant to paragraph 1,
as well as any subsequent enforcement action, shall, pending
the establishment of such procedures, be conducted in accor-
Volume 2167, 1-37924
dures established for this purpose, to deter vessels which
have engaged in activities which undermine the effectiveness
of or otherwise violate the conservation and management measures
established by that organization or arrangement from
fishing on the high seas in the subregion or region until
such time as appropriate action is taken by the flag State.
Article 21
Subregional and regional cooperation in enforcement
1. In any high seas area covered by a subregional or regional
fisheries management organization or arrangement, a State
Party which is a member of such organization or a participant
in such arrangement may, through its duly authorized inspectors,
board and inspect, in accordance with paragraph 2,
fishing vessels flying the flag of another State Party to
this Agreement, whether or not such State Party is also a
member of the organization or a participant in the arrangement,
for the purpose of ensuring compliance with conservation
and management measures for straddling fish stocks and
highly migratory fish stocks established by that organization
or arrangement.
2. States shall establish, through subregional or regional
fisheries management organizations or arrangements, procedures
for boarding and inspection pursuant to paragraph 1,
as well as procedures to implement other provisions of this
article. Such procedures shall be consistent with this article
and the basic procedures set out in article 22 and shall
not discriminate against non-members of the organization or
non-participants in the arrangement. Boarding and inspection
as well as any subsequent enforcement action shall be conducted
in accordance with such procedures. States shall give
due publicity to procedures established pursuant to this
paragraph.
3. If, within two years of the adoption of this Agreement,
any organization or arrangement has not established such
procedures, boarding and inspection pursuant to paragraph 1,
as well as any subsequent enforcement action, shall, pending
the establishment of such procedures, be conducted in accor-
112
37924
dance with this article and the basic procedures set out in
article 22.
4. Prior to taking action under this article, inspecting
shall, either directly or through the relevant subregional
or regional fisheries management organization or
arrangement, inform all States whose vessels fish on the
high seas in the subregion or region of the form of identification
issued to their, duly authorized inspectors. The vessels
used for boarding and inspection shall be clearly
marked and identifiable as being on government service. At
the time of becoming a Party to this Agreement, a State shall
designate an appropriate authority to receive notifications
pursuant to this article and shall give due publicity of such
relevant subregional or regional
fisheries management organization or arrangement.
S. Where, following a boarding and inspection, there are
clear grounds for believing that a vessel has engaged in any
activity contrary to the conservation and management measures
to in paragraph 1, the inspecting State
shall, where appropriate, secure evidence and shall promptly
notify the flag State of the alleged violation.
6. The flag State shall respond to the notification referred
to in paragraph 5 within three working days of its receipt,
or such other period as may be prescribed in procedures
established in accordance with paragraph 2, and shall
either:
(a) fulfil, without delay, its obligations under article 19
to investigate and, if evidence so warrants, take enforcement
action with respect to the vessel, in which case it
shall promptly inform the inspecting State of the results of
the investigation and of any enforcement action taken; or
(b) authorize the inspecting State to investigate.
7. Where the flag State authorizes the inspecting State to
investigate an alleged violation, the inspecting State
shall, without delay, communicate the results of that inves-
Volume 2167, 1-37924
States subregional
identification
vessels
designation through the 5. measures
referred a) enforcement
b) 113
to flag flag State shall, so fulfil may authorize State with and obligations
are clear
for a serious
violation, to respond or
in further investigation
by bringing the vessel without
such other port
established in accordance
State shall immediately
to which the
The inspecting State and the flag State
all necessary
to ensure the well-being of the crew regardless of
inform the flag State and the
relevant organization or the participants in the relevant
of any further investigation.
require its inspectors to
procedures
to the safety of the vessel and
operations and,
avoid action which would
that boarding and inspection
is not conducted in a manner that would constitute harassment
of any fishing vessel.
11. the purposes of this article, a serious violation
means:
Volume 2167, 1-37924
tigation to the flag State. The flag State shall, if evidence
so warrants, fulfil its obligations to take enforcement
action with respect to the vessel. Alternatively, the flag
State may authorize the inspecting State to take such
enforcement action as the flag State may specify with
respect to the vessel, consistent with the rights obligations
of the flag State under this Agreement.
8. Where, following boarding and inspection, there grounds for believing that a vessel has committed violation, and the flag State has either failed failed to take action as required under paragraphs 6 or 7,
the inspectors may remain on board and secure evidence and
may require the master to assist including, where appropriate, delay to the nearest appropriate port, or to as may be specified in procedures with paragraph 2. The inspecting inform the flag State of the name of the port vessel is to proceed. and, as appropriate, the port State shall take steps their nationality.
9. The inspecting State shall arrangement of the results 10. The inspecting State shall observe generally accepted international regulations, procedures
and practices relating the crew, minimize interference with fishing to the extent practicable, adversely affect the quality of the catch on board. The
inspecting State shall ensure harassment
For 114
2167, 37924
(a) fishing without a valid licence, authorization or permit
issued by the flag State in accordance with article 18, paragraph
3 (a);
(b) failing to maintain accurate records of catch and catchrelated
data, as required by the relevant subregional or
regional fisheries management organization or arrangement,
or serious misreporting of catch, contrary to the catch
reporting requirements of such organization or arrangement;
(c) fishing in a closed area, fishing during a closed season
or fishing without, or after attainment of, established
by the relevant subregional or regional fisheries
management organization or arrangement;
(d) directed fishing for a stock which is subject to a moratorium
or for which fishing is prohibited;
(e) using prohibited fishing gear;
(f) falsifying or concealing the markings, identity or registration
of a fishing vessel;
(g) concealing, tampering with or disposing of evidence
relating to an investigation;
(h) multiple violations which together constitute a serious
disregard of conservation and management measures; or
(i) such other violations as may be specified in procedures
established by the relevant subregional or regional fisheries
management organization or arrangement.
12. Notwithstanding the other provisions of this article,
the flag State may, at any time, take action to fulfil its
obligations under article 19 with respect to an alleged violation.
Where the vessel is under the direction of the
inspecting State, the inspecting State shall, at the request
of the flag State, release the vessel to the flag State along
with full information on the progress and outcome of its
investigation.
Volume 2 167, 1-37924
a) paragraph
a);
b) catchrelated
c) a quota established
d) moratorium
e) f) registration
g) h) i) fisheries
violation.
with full information on the progress 115
Volume 2167, 1-3 7924
13. This article is without prejudice to the right of the
flag State to take any measures, including proceedings to
impose penalties, according to its laws.
14. This article applies mutatis mutandis to boarding and
inspection by a State Party which is a member of a subregional
or regional fisheries management organization or a
participant in a subregional or regional fisheries management
arrangement and which has clear grounds for believing
that a fishing vessel flying the flag of another State Party
has engaged in any activity contrary to relevant conservation
and management measures referred to in paragraph 1 in
the high seas area covered by such organization or arrangement,
such vessel has subsequently, during the same
fishing trip, entered into an area under the national jurisdiction
of the inspecting State.
Where a or fisheries management
organization or arrangement has an alternative
mechanism effectively discharges this Agreement members or participants to ensure compliance
conservation management measures established
by the or members of such
or participants in such arrangement the of paragraph as between themselves
respect conservation and management measures
have in the high seas
16. taken by States other than the flag State in
engaged in contrary measures
the for suspecting that a
inspect the vessel. Where evidence so
may take such action as may be appropriate
Volume 2167, 1-37924
13. This article is without prejudice to the right of the
flag State to take any measures, including proceedings to
impose penalties, according to its laws.
14. This article applies mutatis mutandis to boarding and
inspection by a State Party which is a member of a subregional
or regional fisheries management organization or a
participant in a subregional or regional fisheries management
arrangement and which has clear grounds for believing
that a fishing vessel flying the flag of another State Party
has engaged in any activity contrary to relevant conservation
and management measures referred to in paragraph 1 in
the high seas area covered by such organization or arrangement,
and such vessel has subsequently, during the same
fishing trip, entered into an area under the national jurisdiction
of the inspecting State.
15. Where a subregional or regional fisheries management
organization or arrangement has established an alternative
mechanism which effectively discharges the obligation under
this Agreement of its members or participants to ensure compliance
with the conservation and management measures established
by the organization or arrangement, members of such
organization or participants in such arrangement may agree
to limit the application of paragraph 1 as between themselves
in respect of the conservation and management measures
which have been established in the relevant high seas
area.
Action other the flag State in
respect of vessels having engaged in activities contrary to
subregional or regional conservation and management measures
shall be proportionate to the seriousness of the violation.
17. Where there are reasonable grounds that a
fishing vessel on the high seas is without nationality, a
State may board and warrants, the State appropriate
in accordance with international law.
116
37924
18. States shall be liable for damage or loss attributable to
them arising from action taken pursuant to this article when
such action is unlawful or exceeds that reasonably required
in the light of available information to implement the provisions
of this article.
Article 22
Basic procedures for boarding and inspection pursuantto
article 21
1. The inspecting State shall ensure that its duly authorized
inspectors:
(a) present credentials to the master of the vessel and produce
a copy of the text of the relevant conservation and management
measures or rules and regulations in force in the
high seas area in question pursuant to those measures;
(b) initiate notice to the flag State at the time of the
boarding and inspection;
(c) do not interfere with the master's ability to communicate
with the authorities of the flag State during the boarding
and inspection;
(d) provide a copy of a report on the boarding and inspection
to the master and to the authorities of the flag State, noting
therein any objection or statement which the master
wishes to have included in the report;
(e) promptly leave the vessel following completion of the
inspection if they find no evidence of a serious violation;
and
(f) avoid the use of force except when and to the degree necessary
to ensure the safety of the inspectors and where the
inspectors are obstructed in the execution of their duties.
The degree of force used shall not exceed that reasonably
required in the circumstances.
2. The duly authorized inspectors of an inspecting State
Volume 2167, 1-37924
18. States shall be liable loss attributable provisions
authorized
a) produce
management
b) c) communicate
boarding
d) noting
e) f) necessary
117
2167, 1-37924
gear, equipment, records, facilities, fish and fish products
with the relevant conservation and management measures.
3. The flag State shall ensure that vessel masters:
(a) accept and facilitate prompt and safe boarding by the
inspectors;
b) and assist in the inspection of the vessel
conducted pursuant to these procedures;
c) do not obstruct, intimidate or interfere with the
inspectors in the performance of their duties;
(d) allow the inspectors to communicate with the authorities
the flag State and the inspecting State during the boarding
and inspection;
(e) provide reasonable facilities, including, where appropriate,
food and accommodation, to the inspectors; and
(f) facilitate safe disembarkation by the inspectors.
4. In the event that the master of a vessel refuses to accept
boarding and inspection in accordance with this article and
article 21, the flag State shall, except in circumstances
where, in accordance with generally accepted international
regulations, procedures and practices relating to safety at
sea, it is necessary to delay the boarding and inspection,
direct the master of the vessel to submit immediately to
boarding and inspection and, if the master does not comply
with such direction, shall suspend the vessel's authorization
to fish and order the vessel to return immediately to
port. The flag State shall advise the inspecting State of the
action it has taken when the circumstances referred to in
this paragraph arise.
Article 23
Measures taken by a port State
1. A port State has the right and the duty to take measures,
in accordance with international law, to promote the effectiveness
of subregional, regional and global conservation
Volume 37924
shall have the authority to inspect the vessel, its licence,
and any relevant documents necessary to verify compliance
a) (b) cooperate with (c) d) of boarding
e) appropriate,
f) authorization
Article 23
Measures taken by a port State
effectiveness
118
subregional,
measures
4. Nothing in this article affects the exercise by States of
accordance
requirements of developing States
1. States shall give full recognition to the special
conservation
international and regional organizations and bodies, provide
developing States.
duty to cooperate in the establishment
of conservation and management measures for straddling
special requirements of developing
States, in particular:
Volume 2167, 1-37924
and management measures. When taking such measures a port
State shall not discriminate in form or in fact against the
vessels of any State.
2. A port State may, inter alia, inspect documents, fishing
gear and catch on board fishing vessels, when such vessels
are voluntarily in its ports or at its offshore terminals.
3. States may adopt regulations empowering the relevant
national authorities to prohibit landings and transshipments
where it has been established that the catch has been taken
in a manner which undermines the effectiveness of subregional,
regional or global conservation and management measures
on the high seas.
their sovereignty over ports in their territory in accordance
with international law.
PART VII
REQUIREMENTS OF DEVELOPING STATES
Article 24
Recognition of the special requirements of developing States in relation to conservation
and management of straddling fish stocks and highly
migratory fish stocks and development of fisheries for such
stocks. To this end, States shall, either directly or
through the United Nations Development Programme, the Food
and Agriculture Organization of the United Nations and other
specialized agencies, the Global Environment Facility, the
Commission on Sustainable Development and other appropriate
assistance to 2. In giving effect to the establishment
straddling
fish stocks and highly migratory fish stocks, States
shall take into account the developing
119
a) dependent
on the exploitation of living marine resources, including
for meeting the nutritional requirements of their
populations or parts thereof;
(b) the need to avoid adverse impacts on, and ensure access
to fisheries by, subsistence, small-scale and artisanal
fishers and women fishworkers, as well as indigenous people
in developing States, particularly small island developing
States; and
(c) the need to ensure that such measures do not result in
transferring, directly or indirectly, a disproportionate
burden of conservation action onto developing States.
Article 25
Forms of cooperation with developing States
1. States shall cooperate, either directly or through subregional,
regional or global organizations:
(a) to enhance the ability of developing States, in particular
the least-developed among them and small island developing
States, to conserve and manage straddling fish stocks
and highly migratory fish stocks and to develop their own
fisheries for such stocks;
(b) to assist developing States, in particular the leastdeveloped
among them and small island developing States, to
enable them to participate in high seas fisheries for such
stocks, including facilitating access to such fisheries subject
to articles 5 and 11; and
(c) to facilitate the participation of developing States in
subregional and regional fisheries management organizations
and arrangements.
2. Cooperation with developing States for the purposes set
out in this article shall include the provision of financial
assistance, assistance relating to human resources develop-
Volume 2167, 1-37924
(a) the vulnerability of developing States which are dependent
including
b) scale c) subregional,
a) particular
developed developing
b) leastdeveloped
subject
c) 120
Vohme 37924
including
specifically
(a) (b) (c) building Article 26
disputes
2. States and international for the conservation and management of straddling fish
stocks and highly PART VIII
PEACEFUL SETTLEMENT OF DISPUTES
Article 27
Obligation to settle disputes by peaceful means
negotiation,
inquiry, mediation, conciliation, arbitration,
judicial settlement, resort to regional agencies or arrange-
Volume 2167, 1-37924
ment, technical assistance, transfer of technology, including
through joint venture arrangements, and advisory and
consultative services.
3. Such assistance shall, inter alia, be directed specifically
towards:
{a) improved conservation and management of straddling fish
stocks and highly migratory fish stocks through collection,
reporting, verification, exchange and analysis of fisheries
data and related information;
{b) stock assessment and scientific research; and
{c) monitoring, control, surveillance, compliance and
enforcement, including training and capacity-building at the
local level, development and funding of national and
regional observer programmes and access to technology and
equipment.
Special assistance in the implementation of this Agreement
1. States shall cooperate to establish special funds to
assist developing States in the implementation of this
Agreement, including assisting developing States to meet the
costs involved in any proceedings for the settlement of disputes
to which they may be parties.
organizations should assist
developing States in establishing new subregional or
regional fisheries management organizations or arrangements,
or in strengthening existing organizations or arrangements,
migratory fish stocks.
Article 27
States have the obligation to settle their disputes by negotiation,
121
Volume 1-37924
ments, or other peaceful means of their own choice.
Article 28
Prevention of disputes
States shall cooperate in order to prevent disputes. To this
end, States shall agree on efficient decision-
making procedures within subregional and regional fisheries
management organizations and arrangements and shall
strengthen existing decision-making procedures as necessary.
Article 29
Disputes of a technical nature
Where a dispute concerns a matter of a technical nature, the
States concerned may refer the dispute to an ad hoc expert
panel established by them. The panel shall confer with the
States concerned and shall endeavour to resolve the dispute
expeditiously without recourse to binding procedures for the
settlement of disputes.
Article 30
Procedures for the settlement of disputes
1. The provisions relating to the settlement of disputes set
out in Part XV of the Convention apply mutatis mutandis to
any dispute between States Parties to this Agreement concerning
the interpretation or application of this Agreement,
whether or not they are also Parties to the Convention.
2. The provisions relating to the settlement of disputes set
out in Part XV of the Convention apply mutatis mutandis to
any dispute between States Parties to this Agreement concerning
the interpretation or application of a subregional,
regional or global fisheries agreement relating to straddling
fish stocks or highly migratory fish stocks to which
they are parties, including any dispute concerning the conservation
and management of such stocks, whether or not they
are also Parties to the Convention.
3. Any procedure accepted by a State Party to this Agreement
and the Convention pursuant to article 287 of the Convention
shall apply to the settlement of disputes under this Part,
Volume 2167, 1-37924
and expeditious decision-
making fisheries
making Article 30
concerning
2. The provisions concerning
straddling
conservation
3. Any procedure accepted 122
Volume 2167, 1-37924
unless that State Party, when signing, ratifying or acceding
to this Agreement, or at any time thereafter, has accepted
another procedure pursuant to article 287 for the settlement
of disputes under this Part.
4. A State Party to this Agreement which is not a Party to
the Convention, when signing, ratifying or acceding to this
Agreement, or at any time thereafter, shall be free to
choose, by means of a written declaration, one or more of the
means set out in article 287, paragraph 1, of the Convention
for the settlement of disputes under this Part. Article 287
shall apply to such a declaration, as well as to any dispute
to which such State is a party which is not covered by a declaration
in force. For the purposes of conciliation and
arbitration in accordance with Annexes V, VII and VIII to the
Convention, such State shall be entitled to nominate conciliators,
arbitrators and experts to be included in the lists
referred to in Annex V, article 2, Annex VII, article 2, and
Annex VIII, article 2, for the settlement of disputes under
this Part.
5. Any court or tribunal to which a dispute has been submitted
under this Part shall apply the relevant provisions of
the Convention, of this Agreement and of any relevant subregional,
regional or global fisheries agreement, as well as
generally accepted standards for the conservation and management
of living marine resources and other rules of international
law not incompatible with the Convention, with a
view to ensuring the conservation of the straddling fish
stocks and highly migratory fish stocks concerned.
Article 31
Provisional measures
1. Pending the settlement of a dispute in accordance with
this Part, the parties to the dispute shall make every effort
to enter into provisional arrangements of a practical
nature.
2. Without prejudice to article 290 of the Convention, the
court or tribunal to which the dispute has been submitted
Volume 2 167, 1-37924
unless that State Party, when signing, ratifying or acceding
to this Agreement, or at any time thereafter, has accepted
another procedure pursuant to article 287 for the settlement
of disputes under this Part.
4. A State Party to this Agreement which is not a Party to
the Convention, when signing, ratifying or acceding to this
Agreement, or at any time thereafter, shall be free to
choose, by means of a written declaration, one or more of the
means set out in article 287, paragraph 1, of the Convention
for the settlement of disputes under this Part. Article 287
shall apply to such a declaration, as well as to any dispute
to which such State is a party which is not covered by a declaration
in force. For the purposes of conciliation and
arbitration in accordance with Annexes V, VII and VIII to the
Convention, such State shall be entitled to nominate conciliators,
arbitrators and experts to be included in the lists
referred to in Annex V, article 2, Annex VII, article 2, and
Annex VIII, article 2, for the settlement of disputes under
this Part.
5. Any court or tribunal to which a dispute has been submitted
under this Part shall apply the relevant provisions of
the Convention, of this Agreement and of any relevant subregional,
regional or global fisheries agreement, as well as
generally accepted standards for the conservation and management
of living marine resources and other rules of international
law not incompatible with the Convention, with a
view to ensuring the conservation of the straddling fish
stocks and highly migratory fish stocks concerned.
Article 31
Provisional measures
1. Pending the settlement of a dispute in accordance with
this Part, the parties to the dispute shall make every effort
to enter into provisional arrangements of a practical
nature.
2. Without prejudice to article 290 of the Convention, the
court or tribunal to which the dispute has been submitted
123
2167,1-290, 5, Tribunal
prescribe,
Article 32
297, 3, Article 33
Non-parties to this Agreement
1. States Parties shall encourage non-parties to this Agreement
to become parties thereto and to adopt laws and regulations
consistent with its provisions.
2. States Parties shall take measures consistent with this
vessels flying the flag of non-parties which undermine the
assumed under this Agreement and shall exercise the rights
recognized in this Agreement in a manner Volume 2167, 1-37924
under this Part 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 damage to the stocks in question, as well as in the
circumstances referred to in article 7, paragraph 5, and
article 16, paragraph 2.
3. A State Party to this Agreement which is not a Party to
the Convention may declare that, notwithstanding article
paragraph of the Convention, the International Tribunal
for the Law of the Sea shall not be entitled to prescribe,
modify or revoke provisional measures without the
agreement of such State.
Limitations on applicability of procedures for thesettlement
of disputes
Article paragraph of the Convention applies also to
this Agreement.
PART IX
NON-PARTIES TO THIS AGREEMENT
parties Agreement
regulations
Agreement and international law to deter the activities of
parties effective implementation of this Agreement.
PART X
GOOD FAITH AND ABUSE OF RIGHTS
Article 34
Good faith and abuse of rights
States Parties shall fulfil in good faith the obligations
which would not con-
124
Volume 2167, 1-37924
stitute an abuse of right.
Part XI
RESPONSIBILITY AND LIABILITY
Article 35
Responsibility and liability
States Parties are liable in accordance with international
law for damage or loss attributable to them in regard to this
Agreement.
PART XII
REVIEW CONFERENCE
Article 36
Review conference
1. Four years after the date of entry into force of this
Agreement, the Secretary-General of the United Nations shall
convene a conference with a view to assessing the effectiveness
of this Agreement in securing the conservation and management
of straddling fish stocks and highly migratory fish
stocks. The Secretary-General shall invite to the conference
all States Parties and those States and entities which are
entitled to become parties to this Agreement as well as those
intergovernmental and non-governmental organizations entitled
to participate as observers.
2. The conference shall review and assess the adequacy of the
provisions of this Agreement and, if necessary, propose
means of strengthening the substance and methods of implementation
of those provisions in order better to address any
continuing problems in the conservation and management of
straddling fish stocks and highly migratory fish stocks.
PART XIII
FINAL PROVISIONS
Article 37
Signature
This Agreement shall be open for signature by all States and
the other entities referred to in article 1, paragraph 2(b),
and shall remain open for signature at United Nations Headquarters
for twelve months from the fourth of December 1995.
Volume 2167, 1-37924
stitute an abuse of right.
Part XI
RESPONSIBILITY AND LIABILITY
Article 35
Responsibility and liability
States Parties are liable in accordance with international
law for damage or loss attributable to them in regard to this
Agreement.
PART XII
REVIEW CONFERENCE
Article 36
Review conference
1. Four years after the date of entry into force of this
Agreement, the Secretary-General of the United Nations shall
convene a conference with a view to assessing the effectiveness
of this Agreement in securing the conservation and management
of straddling fish stocks and highly migratory fish
stocks. The Secretary-General shall invite to the conference
all States Parties and those States and entities which are
entitled to become parties to this Agreement as well as those
intergovernmental and non-governmental organizations entitled
to participate as observers.
2. The conference shall review and assess the adequacy of the
provisions of this Agreement and, if necessary, propose
means of strengthening the substance and methods of implementation
of those provisions in order better to address any
continuing problems in the conservation and management of
straddling fish stocks and highly migratory fish stocks.
PART XIII
FINAL PROVISIONS
Article 37
Signature
This Agreement shall be open for signature by all States and
the other entities referred to in article 1, paragraph 2(b),
and shall remain open for signature at United Nations Headquarters
for twelve months from the fourth of December 1995.
125
37924
This Agreement is subject to ratification by States and the
other entities referred to in article 1, paragraph 2(b). The
instruments of ratification shall be deposited with the Secretary-
General of the United Nations.
Article 39
Accession
This Agreement shall remain open for accession by States and
the other entities referred to in article 1, paragraph 2(b).
The instruments of accession shall be deposited with the
Secretary-General of the United Nations.
Article 40
Entry into force
1. This Agreement shall enter into force 30 days after the
date of deposit of the thirtieth instrument of ratification
or accession.
2. For each State or entity which ratifies the Agreement or
accedes thereto after the deposit of the thirtieth instrument
of ratification or accession, this Agreement shall
enter into force on the thirtieth day following the deposit
of its instrument of ratification or accession.
Article 41
Provisional application
1. This Agreement shall be applied provisionally by a State
or entity which consents to its provisional application by
so notifying the depositary in writing. Such provisional
application shall become effective from the date of receipt
of the notification.
2. Provisional application by a State or entity shall terminate
upon the entry into force of this Agreement for that
State or entity or upon notification by that State or entity
to the depositary in writing of its intention to terminate
Volume 2167, 1-37924
Article 38
Ratification
Secretary-
General 2 (b)
General 2. For each State or entity instrument
terminate
126
Volume 2167, 1-37924
provisional application.
Article 42
Reservations and exceptions
No reservations or exceptions may be made to this Agreement.
Article 43
Declarations and statements
Article 42 does not preclude a State or entity, when signing,
ratifying or acceding to this Agreement, 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 Agreement, provided that
such declarations or statements do not purport to exclude or
to modify the legal effect of the provisions of this Agreement
in their application to that State or entity.
Article 44
Relation to other agreements
1. This Agreement shall not alter the rights and obligations
of States Parties which arise from other agreements compatible
with this Agreement and which do not affect the enjoyment
by other States Parties of their rights or the performance of
their obligations under this Agreement.
2. Two or more States Parties may conclude agreements modifying
or suspending the operation of provisions of this
Agreement, 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 Agreement, 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 Agreement.
3. States Parties intending to conclude an agreement
referred to in paragraph 2 shall notify the other States Parties
through the depositary of this Agreement of their
intention to conclude the agreement and of the modification
Volume 2167, 1-37924
provisional application.
Article 42
Reservations and exceptions
No reservations or exceptions may be made to this Agreement.
Article 43
Declarations and statements
Article 42 does not preclude a State or entity, when signing,
ratifying or acceding to this Agreement, 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 Agreement, provided that
such declarations or statements do not purport to exclude or
to modify the legal effect of the provisions of this Agreement
in their application to that State or entity.
Article 44
Relation to other agreements
1. This Agreement shall not alter the rights and obligations
of States Parties which arise from other agreements compatible
with this Agreement and which do not affect the enjoyment
by other States Parties of their rights or the performance of
their obligations under this Agreement.
2. Two or more States Parties may conclude agreements modifying
or suspending the operation of provisions of this
Agreement, 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 Agreement, 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 Agreement.
3. States Parties intending to conclude an agreement
referred to in paragraph 2 shall notify the other States Parties
through the depositary of this Agreement of their
intention to conclude the agreement and of the modification
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37924
or suspension for which it provides.
Article 45
Amendment
1. A State Party may, by written communication addressed to
the Secretary-General of the United Nations, propose amendments
to this Agreement 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 six 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 convened pursuant to paragraph 1 shall be the
same as that applicable at the United Nations Conference on
Straddling Fish Stocks and Highly Migratory Fish Stocks,
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.
3. Once adopted, amendments to this Agreement shall be open
for signature at United Nations Headquarters by States Parties
for twelve months from the date of adoption, unless otherwise
provided in the amendment itself.
4. Articles 38, 39, 47 and 50 apply to all amendments to this
Agreement.
5. Amendments to this Agreement 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.
Thereafter, for each State Party ratifying or acceding to an
amendment after the deposit of the required number of such
instruments, the amendment shall enter into force on the
thirtieth day following the deposit of its instrument of
ratification or accession.
Volume 2167, 1-37924
Article 45
amendments
conference
SecretaryGeneral
circulation
Secretary-
General amendments
Parties
otherwise
thirtieth
ratification
128
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An of than State a Party to this after the
an different intention by
a) amended;
b) Article 46
Denunciation
notification addressed to
indicate its reasons. Failure to indicate
effect one year after the date of
unless the notification specifies
later date.
the duty of
Agreement.
Article 47
organizations
1. cases where an international organization referred to
does not have competence
Agreement,
mutatis mutandis to
in this
of that
shall not apply:
a) article 2, first sentence; and
b) article 3, paragraph 1.
an international organization referred to
Volume 2167, 1-37924
6. An amendment may provide that a smaller or a larger number
of ratifications or accessions shall be required for its
entry into force than are required by this article.
7. A State which becomes a Party to this Agreement entry into force of amendments in accordance with paragraph
5 shall, failing an expression of a that State:
(a) be considered as a Party to this Agreement as so and
(b) be considered as a Party to the unamended Agreement in
relation to any State Party not bound by the amendment.
1. A State Party may, by written the Secretary-General of the United Nations, denounce this
Agreement and may reasons shall not affect the validity of the denunciation.
The denunciation shall take receipt of the notification, specifies
a 2. The denunciation shall not in any way affect any State Party to fulfil any obligation embodied in this
Agreement to which it would be subject under international
law independently of this Participation by international In in Annex IX, article 1, of the Convention competence
over all the matters governed by this Annex IX to the Convention shall apply participation by such international organization Agreement, except that the following provisions Annex (a) (b) 2. In cases where 129
in Annex IX, article 1, of the Convention has competence over
all the matters governed by this Agreement, the following
provisions shall apply to participation by such international
organization in this Agreement:
(a) at the time of signature or accession, such international
organization shall make a declaration stating:
(i) that it has competence over all the matters governed
by this Agreement;
(ii) that, for this reason, its member States shall not
become States Parties, except in respect of their territories
for which the international organization has no
responsibility; and
(iii) that it accepts the rights and obligations of
States under this Agreement;
(b) participation of such an international organization
shall in no case confer any rights under this Agreement on
member States of the international organization;
(c) in the event of a conflict between the obligations of an
international organization under this Agreement and its
obligations under the agreement establishing the international
organization or any acts relating to it, the obligations
under this Agreement shall prevail.
Article 48
Annexes
1. The Annexes form an integral part of this Agreement and,
unless expressly provided otherwise, a reference to this
Agreement or to one of its Parts includes a reference to the
Annexes relating thereto.
2. The Annexes may be revised from time to time by States
Parties. Such revisions shall be based on scientific and
technical considerations. Notwithstanding the provisions of
article 45, if a revision to an Annex is adopted by consensus
Volume 2167, 1-37924
international
a) international
i) ii) territories
iii) b) c) international
obligations
130
Volume 2167, 1-37924
at a meeting of States Parties, it shall be incorporated in
this Agreement and shall take effect from the date of its
adoption or from such other date as may be specified in the
revision. If a revision to an Annex is not adopted by consensus
at such a meeting, the amendment procedures set out in
article 45 shall apply.
Article 49
Depositary
The Secretary-General of the United Nations shall be the
depositary of this Agreement and any amendments or revisions
thereto.
Article 50
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish
texts of this Agreement are equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being
duly authorized thereto, have signed this Agreement.
OPENED FOR SIGNATURE at New York, this fourth day of December,
one thousand nine hundred and ninety-five, in a single
original, in the Arabic, Chinese, English, French, Russian
and Spanish languages.
ANNEX I
STANDARD REQUIREMENTS FOR THE COLLECTION AND SHARING OF DATA
Article 1
General principles
1.' The timely collection, compilation and analysis of data
are fundamental to the effective conservation and management
of straddling fish stocks and highly migratory fish stocks.
To this end, data from fisheries for these stocks on the high
seas and those in areas under national jurisdiction are
required and should be collected and compiled in such a way
as to enable statistically meaningful analysis for the purposes
of fishery resource conservation and management. These
Volume 2167, 1-37924
at a meeting of States Parties, it shall be incorporated in
this Agreement and shall take effect from the date of its
adoption or from such other date as may be specified in the
revision. If a revision to an Annex is not adopted by consensus
at such a meeting, the amendment procedures set out in
article 45 shall apply.
Article 49
Depositary
The Secretary-General of the United Nations shall be the
depositary of this Agreement and any amendments or revisions
thereto.
Article 50
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish
texts of this Agreement are equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being
duly authorized thereto, have signed this Agreement.
OPENED FOR SIGNATURE at New York, this fourth day of December,
one thousand nine hundred and ninety-five, in a single
original, in the Arabic, Chinese, English, French, Russian
and Spanish languages.
ANNEX I
STANDARD REQUIREMENTS FOR THE COLLECTION AND SHARING OF DATA
Article 1
General principles
1." The timely collection, compilation and analysis of data
are fundamental to the effective conservation and management
of straddling fish stocks and highly migratory fish stocks.
To this end, data from fisheries for these stocks on the high
seas and those in areas under national jurisdiction are
required and should be collected and compiled in such a way
as to enable statistically meaningful analysis for the purposes
of fishery resource conservation and management. These
131
37924
data include catch and fishing effort statistics and other
fishery-related information, such as vessel-related and
other data for standardizing fishing effort. Data collected
should also include information on non-target and associated
or dependent species. All data should be verified to ensure
accuracy. Confidentiality of non-aggregated data shall be
maintained. The dissemination of such data shall be subject
2. Assistance, including training as well as financial and
technical assistance, shall be provided to developing States
in order to build capacity in the field of conservation and
management of living marine resources. Assistance should
focus on enhancing capacity to implement data collection and
verification, observer programmes, data analysis and
research projects supporting stock assessments. The fullest
possible involvement of developing State scientists and managers
in conservation and management of straddling fish
migratory fish stocks should be promoted.
Article 2
Principles of data collection, compilation and exchange
The following general principles should be considered in
defining the parameters for collection, compilation and
exchange of data from fishing operations for straddling fish
stocks and highly migratory fish stocks:
(a) States should ensure that data are collected from vessels
flying their flag on fishing activities according to
the operational characteristics of each fishing method
(e.g., each individual tow for trawl, each set for long-line
and purse-seine, each school fished for pole-and-line and
each day fished for troll) and in sufficient detail to facilitate
effective stock assessment;
(b) States should ensure that fishery data are verified
through an appropriate system;
(c) States should compile fishery-related and other supporting
scientific data and provide them in an agreed format and
in a timely manner to the relevant subregional or regional
Volume 2167, 1-37924
related related target aggregated to the terms on which they have been provided.
managers
stocks and highly a) vessels
e.g., line
facilitate
b) c) related supporting
132
37924
fisheries management organization or arrangement where one
exists. Otherwise, States should cooperate to exchange either directly or through such other cooperative mechanisms
as may be agreed among them;
(d) States should agree, within the framework of subregional
or regional fisheries management organizations or arrangements,
or otherwise, on the specification of data and the
format in which they are to be provided, in accordance with
this Annex and taking into account the nature of the stocks
and the fisheries for those stocks in the region. Such organizations
or arrangements should request non-members or nonparticipants
to provide data concerning relevant fishing
activities by vessels flying their flag;
(e) such organizations or arrangements shall compile data
and make them available in a timely manner and in an agreed
format to all interested States under the terms and conditions
established by the organization or arrangement; and
(f) scientists of the flag State and from the relevant subregional
or regional fisheries management organization or
arrangement should analyse the data separately or jointly,
as appropriate.
Article 3
Basic fishery data
1. States shall collect and make available to the relevant
subregional or regional fisheries management organization or
arrangement the following types of data in sufficient detail
to facilitate effective stock assessment in accordance with
agreed procedures:
(a) time series of catch and effort statistics by fishery and
fleet;
(b) total catch in number, nominal weight, or both, by species
(both target and non-target) as is appropriate to each
fishery. [Nominal weight is defined by the Food and Agriculture
Organization of the United Nations as the live-weight
equivalent of the landings];
Volume 2167, 1-37924
data
d) arrangements,
organizations
nonparticipants
e) conditions
f) subregional
Article 3
arrangement the following types a) b) species
both fishery. [Nominal Agriculture
133
37924
(c) discard statistics, reported as number or nominal weight by species, as is appropriate
to each fishery;
(d) effort statistics appropriate to each fishing method;
and
(e) fishing location, date and time fished and other statistics
on fishing operations as appropriate.
2. States shall also collect where appropriate and provide
to the relevant subregional or regional fisheries management
organization or arrangement information to support stock
assessment, including:
a) sex;
(b) other biological information supporting stock assessments,
such as information on age, growth, recruitment, distribution
and stock identity; and
(c) other relevant biomass surveys, hydro-acoustic surveys, research on environmental
factors affecting stock abundance, and oceanographic
and ecological studies.
Article 4
Vessel data and information
1. States should collect the following types of vesselrelated
data for standardizing fleet composition and vessel
fishing power and for converting between different measures
of effort in the analysis of catch and effort data:
(a) vessel identification, flag and port of registry;
(b) (c) vessel specifications (e.g., material of construction,
date built, registered length, gross registered tonnage,
power of main engines, hold capacity and catch storage methods);
and
(d) e.g., specifica-
Volume 2167, 1-37924
c) including estimates where necessary,
appropriate
d) e) statistics
(a) composition of the catch according to length, weight and
b) assessments,
such distribution
c) research, including surveys of abundance,
environmental
factors oceanographic
Article 4
Vessel 1. States should vesselrelated
of effort in the analysis of catch and effort data:
a) b) vessel type;
c) e.g., methods);
d) fishing gear description (e.g., types, gear specifica134
2. The flag State will collect the following information:
(a) navigation and position fixing aids;
(b) communication equipment and international radio call
sign; and
(c) crew size.
Article 5
Reporting
A State shall ensure that vessels flying its flag send to its
national fisheries administration and, where agreed, to the
relevant subregional or regional fisheries management organization
or arrangement, logbook data on catch and effort,
including data on fishing operations on the high seas, at
sufficiently frequent intervals to meet national requirements
and regional and international obligations. Such data
shall be transmitted, where necessary, by radio, telex, facsimile
or satellite transmission or by other means.
Article 6
Data verification
States or, as appropriate, subregional or regional fisheries
management organizations or arrangements should establish
mechanisms for verifying fishery data, such as:
(a) position verification through vessel monitoring systems;
(b) scientific observer programmes to monitor catch, effort,
catch composition (target and non-target) and other details
of fishing operations;
(c) vessel trip, landing and transshipment reports; and
(d) port sampling.
Article 7
Data exchange
1. Data collected by flag States must be shared with other
flag States and relevant coastal States through appropriate
subregional or regional fisheries management organizations
or arrangements. Such organizations or arrangements shall
compile data and make them available in a timely manner and
in an agreed format to all interested States under the terms
and conditions established by the organization or arrangement,
while maintaining confidentiality of non-aggregated
data, and should, to the extent feasible, develop database
Volume 2167, 1-37924
tions and quantity).
a) b) c) Article 5
organization
requirements
facsimile
a) b) target c) d) Article 7
arrangement,
aggregated
135
Organization
REFERENCEPOINTS
FISHSTOCKS
1. A precautionary reference point is an estimated value
corresponds
management,
within safe biological limits within which the stocks can
are intended to meet management objectives.
3. Precautionary reference points should be stock-specific
to account, inter alia, for the reproductive capacity, the
resilience of each stock fisheries
exploiting the stock, as well as other sources of mortality
and major sources of uncertainty.
associated
or dependent species, at levels previously
agreed precautionary reference points. Such reference
Volume 2167, 1-37924
systems which provide efficient access to data.
2. At the global level, collection and dissemination of data
should be effected through the Food and Agriculture Organization
of the United Nations. Where a subregional or
regional fisheries management organization or arrangement
does not exist, that organization may also do the same at the
subregional or regional level by arrangement with the States
concerned.
ANNEX II
GUIDELINES FOR THE APPLICATION OF PRECAUTIONARY REFERENCEPOINTS
IN CONSERVATION AND MANAGEMENT OF STRADDLING FISHSTOCKS
AND HIGHLY MIGRATORY FISH STOCKS
derived through an agreed scientific procedure, which corresponds
to the state of the resource and of the fishery, and
which can be used as a guide for fisheries management.
2. Two types of precautionary reference points should be
used: conservation, or limit, reference points and management,
or target, reference points. Limit reference points
set boundaries which are intended to constrain harvesting
produce maximum sustainable yield. Target reference points
specific
and the characteristics of fisheries
mortality
4. Management strategies shall seek to maintain or restore
populations of harvested stocks, and where necessary associated
consistent with previously
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points shall be used to trigger pre-agreed conservation and
management action. Management strategies shall include measures
which can be implemented when precautionary points are approached.
5. Fishery management strategies shall ensure that of exceeding limit reference points is very low. If a stock
falls below a limit reference point or is at risk of falling
below such a reference point, conservation and management
action should be initiated to facilitate stock recovery.
Fishery management strategies shall ensure that target reference
points are not exceeded on average.
6. When information for determining reference points for a
fishery is poor or absent, provisional reference points
shall be set. Provisional reference points may be established
by analogy to similar and better-known stocks. In
such situations, the fishery shall be subject to monitoring so as to enable revision of provisional reference
points as improved information becomes available.
7. The fishing mortality rate which generates maximum sustainable
yield should be regarded as a minimum standard for
limit reference points. For stocks which are not overfished,
fishery management strategies shall ensure that fishing mortality
does not exceed that which corresponds to maximum
sustainable yield, and that the biomass does not fall below a
predefined threshold. For overfished stocks, the biomass
which would produce maximum sustainable yield can serve as a
rebuilding target.
Volume 2167, 1-37924
measures
reference
the risk
reference
shall be set. established
enhanced
sustainable
limit reference points. mortality
which would produce maximum sustainable yield can serve as a
137
United Nations A/CONF.232/2023/4
General Assembly Distr.: General
19 June 2023
Original: English
23-11848 (E) 200623
*2311848*
Intergovernmental conference on an international
legally binding instrument under the United Nations
Convention on the Law of the Sea on the
conservation and sustainable use of marine biological
diversity of areas beyond national jurisdiction
Further resumed fifth session
New York, 19 and 20 June 2023
Agreement under the United Nations Convention on the Law
of the Sea on the conservation and sustainable use of marine
biological diversity of areas beyond national jurisdiction
Please
recycle@
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PREAMBLE
The Parties to this Agreement,
Recalling the relevant provisions of the United Nations Convention on the Law
of the Sea of 10 December 1982, including the obligation to protect and preserve the
marine environment,
Stressing the need to respect the balance of rights, obligations and interests set
out in the Convention,
Recognizing the need to address, in a coherent and cooperative manner,
biological diversity loss and degradation of ecosystems of the ocean, due, in
particular, to climate change impacts on marine ecosystems, such as warming and
ocean deoxygenation, as well as ocean acidification, pollution, including plastic
pollution, and unsustainable use,
Conscious of the need for the comprehensive global regime under the
Convention to better address the conservat ion and sustainable use of marine
biological diversity of areas beyond national jurisdiction,
Recognizing the importance of contributing to the realization of a just and
equitable international economic order whi ch takes into account the interests and
needs of humankind as a whole and, in particular, the special interests and needs of
developing States, whether coastal or landlocked,
Recognizing also that support for developing States Parties through capacity -
building and the development and transfer of marine technology are essential
elements for the attainment of the objectives of the conservation and sustainable use
of marine biological diversity of areas beyond national jurisdiction,
Recalling the United Nations Declaration on the Rights of Indigeno us Peoples,
Affirming that nothing in this Agreement shall be construed as diminishing or
extinguishing the existing rights of Indigenous Peoples, including as set out in the
United Nations Declaration on the Rights of Indigenous Peoples, or of, as appropriate,
local communities,
Recognizing the obligation set out in the Convention to assess, as far as
practicable, the potential effects on the marine environment of activities under a
State’s jurisdiction or control when the State has reasonable grounds for believing
that such activities may cause substantial pollution of or significant and harmful
changes to the marine environment,
Mindful of the obligation set out in the Convention to take all measures
necessary to ensure that pollution arising from inc idents or activities does not spread
beyond the areas where sovereign rights are exercised in accordance with the
Convention,
Desiring to act as stewards of the ocean in areas beyond national jurisdiction on
behalf of present and future generations by pro tecting, caring for and ensuring
responsible use of the marine environment, maintaining the integrity of ocean
ecosystems and conserving the inherent value of biological diversity of areas beyond
national jurisdiction,
Acknowledging that the generation of, access to and utilization of digital
sequence information on marine genetic resources of areas beyond national
jurisdiction, together with the fair and equitable sharing of benefits arising from its
utilization, contribute to research and innovation and to the general objective of this
Agreement,
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Respecting the sovereignty, territorial integrity and political independence of all
States,
Recalling that the legal status of non-parties to the Convention or any othe r
related agreements is governed by the ru les of the law of treaties,
Recalling also that, as set out in the Convention, States are responsible for the
fulfilment of their international obligations concerning the protection and
preservation of the marine environment and may be liable in accordanc e with
international law,
Committed to achieving sustainable development,
Aspiring to achieve universal participation,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Use of terms
For the purposes of this Agreement:
1. “Area-based management tool” means a tool, including a marine protected area,
for a geographically defined area through which one or several sectors or activities
are managed with the aim of achieving particular conservation and sustainable use
objectives in accordance with this Agreement.
2. “Areas beyond national jurisdiction” means the high seas and the Area.
3. “Biotechnology” means any technological application that uses biological
systems, living organisms, or derivativ es thereof, to make or modify products or
processes for specific use.
4. “Collection in situ”, in relation to marine genetic resources, means the collection
or sampling of marine genetic resources in areas beyond national jurisdiction.
5. “Convention” means the United Nations Convention on the Law of the Sea of
10 December 1982.
6. “Cumulative impacts” means the combined and incremental impacts resulting
from different activities, including known past and present and reasonably
foreseeable activities, or from the repetition of similar activities over time, and the
consequences of climate change, ocean acidification and related impacts .
7. “Environmental impact assessment” means a process to identify and evaluate
the potential impacts of an activity to inf orm decision-making.
8. “Marine genetic resources” means any material of marine plant, animal,
microbial or other origin containing functional units of heredity of actual or potential
value.
9. “Marine protected area” means a geographically defined marine area that is
designated and managed to achieve specific long-term biological diversity
conservation objectives and may allow, where appropriate, sustainable use provided
it is consistent with the conservation objectives.
10. “Marine technology” includes, inter alia, information and data, provided in a
user-friendly format, on marine sciences and related marine operations and services;
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manuals, guidelines, criteria, standards and reference materials; sampling and
methodology equipment; observation facilities and equipment for in situ and
laboratory observations, analysis and experimentation; computer and computer
software, including models and modelling techniques; related biotechnology; and
expertise, knowledge, skills, technical, scientific and legal know -how and analytical
methods related to the conservation and sustainable use of marine biological diversity.
11. “Party” means a State or regional economic integration organization that has
consented to be bound by this Agreement and for which this Agreement is in force.
12. “Regional economic integration organization” means an organization
constituted by sovereign States of a given region to which its member States have
transferred competence in respect of matters governed by this Agreement and which
has been duly authorized, in accordance with its in ternal procedures, to sign, ratify,
approve, accept or accede to this Agreement.
13. “Sustainable use” means the use of components of biological div ersity in a way
and at a rate that does not lead to a long -term decline of biological diversity, thereby
maintaining its potential to meet the needs and aspirations of present and future
generations.
14. “Utilization of marine genetic resources” means to c onduct research and
development on the genetic and/or biochemical composition of marine genetic
resources, including through the application of biotechnology, as defined in
paragraph 3 above.
Article 2
General objective
The objective of this Agreement is to ensure the conservation and sustainable
use of marine biological diversity of areas beyond national jurisdiction, for the
present and in the long term, through effective implementation of the relevant
provisions of the Convention and further intern ational cooperation and coordination.
Article 3
Scope of application
This Agreement applies to areas b eyond national jurisdiction.
Article 4
Exceptions
This Agreement does not apply to any warship, military aircraft or naval
auxiliary. Except for Part II, this Agreement does not apply to other vessels or aircraft
owned or operated by a Party and used, for the time being, only on government
non-commercial service. However, each Party shall ensure, by the adoption of
appropriate measures not impairing the operations or operational capabilities of such
vessels or aircraft owned or operated by it, that suc h vessels or aircraft act in a manner
consistent, so far as is reasonable and practicable, with this Agreement.
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Article 5
Relationship between this Agreement and the Convention and
relevant legal instruments and frameworks and relevant global,
regional, subregional and sectoral bodies
1. This Agreement shall be interpreted and applied in the context of and in a
manner consistent with the Convention. Nothing in this Agreement shall prejudice the
rights, jurisdiction and duties of States under the Conven tion, including in respect of
the exclusive economic zone and the continental shelf within and beyond 200 nautical
miles.
2. This Agreement shall be interpreted and applied in a manner that does not
undermine relevant legal instruments and frameworks and r elevant global, regional,
subregional and sectoral bodies and that promotes coherence and coordination with
those instruments, frameworks and bodies.
3. The legal status of non-parties to the Convention or any other related agreements
with regard to those instruments is not affected by this Agreement.
Article 6
Without prejudice
This Agreement, including any decision or recommendation of the Conference
of the Parties or any of its subsidiary bodies, and any acts, measures or activities
undertaken on the basis thereof, shall be without prejudice to, and shall not be relied
upon as a basis for asserting or denying any claims to, sovereignty, sovereign rights
or jurisdiction, including in respect of any disputes relating thereto .
Article 7
General principles and approaches
In order to achieve the objectives of this Agreement, Parties shall be guided by
the following principles and approaches:
(a) The polluter-pays principle;
(b) The principle of the common heritage of humankind which is set out in the
Convention;
(c) The freedom of marine scientific research, together with other freedoms
of the high seas;
(d) The principle of equity and the fair and equitable sharing of benefits;
(e) The precautionary principle or precautionary approach, as app ropriate;
(f) An ecosystem approach;
(g) An integrated approach to ocean management;
(h) An approach that builds ecosystem resilience, including to adverse effects
of climate change and ocean acidification, and also maintains and restores ecosystem
integrity, including the carbon cycling services that underpin the role of the ocean in
climate;
(i) The use of the best available science and scientific information;
(j) The use of relevant traditional knowledge of Indigenous Peoples and local
communities, where available;
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(k) The respect, promotion and consideration of their respective obligations,
as applicable, relating to the rights of Indigenous Peoples or of, as appropriate, local
communities when taking action to address the conservation and susta inable use of
marine biological diversity of areas beyond national jurisdiction;
(l) The non-transfer, directly or indirectly, of damage or hazards from one
area to another and the non-transformation of one type of pollution into another in
taking measures to prevent, reduce and control pollution of the marine environment;
(m) Full recognition of the special circumstances of small island developing
States and of least developed countries;
(n) Acknowledgement of the special interests and needs of landloc ked
developing countries.
Article 8
International cooperation
1. Parties shall cooperate under this Agreement for the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction,
including through strengthening and enhancing cooperation with and promoting
cooperation among relevant legal instruments and frameworks and relevant global,
regional, subregional and sectoral bodies in the achievement of the objective s of this
Agreement.
2. Parties shall endeavour to promote, as appropriate, the objectives of this
Agreement when participating in decision -making under other relevant legal
instruments, frameworks, or global, regional, subregional or sectoral bodies .
3. Parties shall promote international cooperation in ma rine scientific research and
in the development and transfer of marine technology consistent with the Convention
in support of the objectives of this Agreement.
PART II
MARINE GENETIC RESOURCES, INCLUDING THE
FAIR AND EQUITABLE SHARING OF BENEFITS
Article 9
Objectives
The objectives of this Part are:
(a) The fair and equitable sharing of benefits arising from activities with
respect to marine genetic resources and digital sequence information on marine
genetic resources of areas beyond national jurisdiction for the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction;
(b) The building and development of the capacity of Parties, particularly
developing States Parties, in particular the least develo ped countries, landlocked
developing countries, geographically disadvantaged States, small island developing
States, coastal African States, archipelagic States and developing middle -income
countries, to carry out activities with respect to marine genetic resources and digital
sequence information on marine genetic resources of areas beyond national
jurisdiction;
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(c) The generation of knowledge, scientific understanding and technological
innovation, including through the development and conduct of marine scientific
research, as fundamental contributions to the implementation of this Agreement;
(d) The development and transfer of marine technology in accordance with
this Agreement.
Article 10
Application
1. The provisions of this Agreement shall apply to activities with respect to marine
genetic resources and digital sequence information on marine genetic resources of
areas beyond national jurisdiction collected and generated after the entry into force
of this Agreement for the respective Party. T he application of the provisions of this
Agreement shall extend to the utilization of marine genetic resources and digital
sequence information on marine genetic resources of areas beyond national
jurisdiction collected or generated before entry into force , unless a Party makes an
exception in writing under article 70 when signing, ratifying, approving, accepting or
acceding to this Agreement.
2. The provisions of this Part shall not apply to:
(a) Fishing regulated under relevant international law and fi shing-related
activities; or
(b) Fish or other living marine resources known to have been taken in fishing
and fishing-related activities from areas beyond national jurisdiction, except where
such fish or other living marine resources are regulated as ut ilization under this Part.
3. The obligations in this Part shall not apply to a Party’s military activities,
including military activities by government vessels and aircraft engaged in
non-commercial service. The obligations in this Part with respect to th e utilization of
marine genetic resources and digital sequence information on marine genetic
resources of areas beyond national jurisdiction shall apply to a Party’s non -military
activities.
Article 11
Activities with respect to marine genetic resources of areas beyond
national jurisdiction
1. Activities with respect to marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction may be
carried out by all Parties, irrespective of their geog raphical location, and by natural
or juridical persons under the jurisdiction of the Parties. Such activities shall be
carried out in accordance with this Agreement.
2. Parties shall promote cooperation in all activities with respect to marine genetic
resources and digital sequence information on marine genetic resources of areas
beyond national jurisdiction.
3. Collection in situ of marine genetic resources of areas beyond national
jurisdiction shall be carried out with due regard for the rights and legi timate interests
of coastal States in areas within their national jurisdiction and with due regard for the
interests of other States in areas beyond national jurisdiction, in accordance with the
Convention. To this end, Parties shall endeavour to cooperate , as appropriate,
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including through specific modalities for the operation of the Clearing-House
Mechanism determined under article 51, with a view to implementing this Agreement.
4. No State shall claim or exercise sovereignty or sovereign rights over mari ne
genetic resources of areas beyond national jurisdiction. No such claim or exercise of
sovereignty or sovereign rights shall be recognized.
5. Collection in situ of marine genetic resources of areas beyond national
jurisdiction shall not constitute the legal basis for any claim to any part of the marine
environment or its resources.
6. Activities with respect to marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction are in
the interests of all States and for the benefit of all humanity, particularly for the
benefit of advancing the scientific knowledge of humanity and promoting the
conservation and sustainable use of marine biological diversity, taking into particular
consideration the interests and needs of developing States.
7. Activities with respect to marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction shall
be carried out exclusively for peaceful purposes.
Article 12
Notification on activities with respect to marine genetic resources
and digital sequence information on marine genetic resources of
areas beyond national jurisdiction
1. Parties shall take the necessary legislative, administrative or policy me asures to
ensure that information is notified to the Clearing -House Mechanism in accordance
with this Part.
2. The following information shall be notified to the Clearing -House Mechanism
six months or as early as possible prior to the collection in situ of marine genetic
resources of areas beyond national jurisdiction :
(a) The nature and objectives under which the collection is carried out,
including, as appropriate, any programme(s) of which it forms part;
(b) The subject matter of the research or, if kn own, the marine genetic
resources to be targeted or collected, and the purposes for which such resources will
be collected;
(c) The geographical areas in which the collection is to be undertaken;
(d) A summary of the method and means to be used for colle ction, including
the name, tonnage, type and class of vessels, scientific equipment and/or study
methods employed;
(e) Information concerning any other contributions to proposed major
programmes;
(f) The expected date of first appearance and final depart ure of the research
vessels, or deployment of the equipment and its removal, as appropriate ;
(g) The name(s) of the sponsoring institution(s) and the person in charge of
the project;
(h) Opportunities for scientists of all States, in particular scientis ts from
developing States, to be involved in or associated with the project;
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(i) The extent to which it is considered that States that may need and request
technical assistance, in particular developing States, should be able to participate or
to be represented in the project;
(j) A data management plan prepared according to open and responsible data
governance, taking into account current international practice.
3. Upon notification referred to in paragraph 2 above, the Clearing -House
Mechanism shall automatically generate a “BBNJ” standardized batch identifier.
4. Where there is a material change to the information provided to the Clearing -
House Mechanism prior to the planned collection, updated information shall be
notified to the Clearing-House Mechanism within a reasonable period of time and no
later than the start of collection in situ, when practicable .
5. Parties shall ensure that the following information, along with the “BBNJ”
standardized batch identifier, is notified to the Clearing -House Mechanism as soon as
it becomes available, but no later than one year from the collection in situ of marine
genetic resources of areas beyond national jurisdiction :
(a) The repository or database where digital sequence information on marine
genetic resources is or will be deposited;
(b) Where all marine genetic resources collected in situ are or will be
deposited or held;
(c) A report detailing the geographical area from which marine genetic
resources were collected, including information on the latitude, lon gitude and depth
of collection, and, to the extent available, the findings from the activity undertaken;
(d) Any necessary updates to the data management plan provided under
paragraph (2) (j) above.
6. Parties shall ensure that samples of marine genetic resources a nd digital
sequence information on marine genetic resources of areas beyond national
jurisdiction that are in repositories or databases under their jurisdiction can be
identified as originating from areas beyond national jurisdiction, in accordance with
current international practice and to the extent practicable.
7. Parties shall ensure that repositories, to the extent practicable, and databases
under their jurisdiction prepare, on a biennial basis, an aggregate report on access to
marine genetic resources and digital sequence information linked to their “BBNJ”
standardized batch identifier, and make the report available to the access and benefit -
sharing committee established under article 15.
8. Where marine genetic resources of areas beyond national jur isdiction, and
where practicable, the digital sequence information on such resources are subject to
utilization, including commercialization, by natural or juridical persons under their
jurisdiction, Parties shall ensure that the following information, inc luding the “BBNJ”
standardized batch identifier, if available, be notified to the Clearing -House
Mechanism as soon as such information becomes available :
(a) Where the results of the utilization, such as publications, patents granted,
if available and to the extent possible, and products developed, can be found;
(b) Where available, details of the post-collection notification to the Clearing-
House Mechanism related to the marine genetic resources that were the subject of
utilization;
(c) Where the original sample that is the subject of utilization is held;
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(d) The modalities envisaged for access to marine genetic resources and
digital sequence information on marine genetic resources being utilized, and a data
management plan for the same;
(e) Once marketed, information, if available, on sales of relevant products and
any further development.
Article 13
Traditional knowledge of Indigenous Peoples and local
communities associated with marine genetic resources in areas
beyond national jurisdiction
Parties shall take legislative, administrative or policy measures, where relevant
and as appropriate, with the aim of ensuring that traditional knowledge assoc iated
with marine genetic resources in areas beyond national jurisdiction that is held by
Indigenous Peoples and local communities shall only be accessed with the free, prior
and informed consent or approval and involvement of these Indigenous Peoples and
local communities. Access to such traditional knowledge may be facilitated by the
Clearing-House Mechanism. Access to and use of such traditional knowledge shall be
on mutually agreed terms.
Article 14
Fair and equitable sharing of benefits
1. The benefits arising from activities with respect to marine genetic resources and
digital sequence information on marine genetic resources of areas beyond national
jurisdiction shall be shared in a fair and equitable manner in accordance with this Part
and contribute to the conservation and sustainable use of marine biological diversity
of areas beyond national jurisdiction.
2. Non-monetary benefits shall be shared in accordance with this Agreement in the
form of, inter alia:
(a) Access to samples and sample collections in accordance with current
international practice;
(b) Access to digital sequence information in accordance with current
international practice;
(c) Open access to findable, accessible, interoperable and reusable (FAIR)
scientific data in accordance with current international practice and open and
responsible data governance;
(d) Information contained in the notifications, along with “BBNJ”
standardized batch identifiers, provided in accordance with article 12, in publicly
searchable and accessible forms;
(e) Transfer of marine technology in line with relevant modalities provided
under Part V of this Agreement;
(f) Capacity-building, including by financing research programmes, and
partnership opportunities, particular ly directly relevant and substantial ones, for
scientists and researchers in research projects, as well as dedicated initiative s, in
particular for developing States, taking into account the special circumstances of
small island developing States and of least developed cou ntries;
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(g) Increased technical and scientific cooperation, in particular with scientists
from and scientific institutions in developing States;
(h) Other forms of benefits as determined by the Conference of the Parties,
taking into account recommendations of the access and benefit-sharing committee
established under article 15.
3. Parties shall take the necessary legislative, administrative or policy measures to
ensure that marine genetic resources and digital sequence information on marine
genetic resources of areas beyond national jurisdiction , together with their “BBNJ”
standardized batch identifiers, subject to utilization by natural or juridical persons
under their jurisdiction are deposited in publicly accessible repositories and
databases, maintained either nationally or internationally, no later than three years
from the start of such utilization, or as soon as they become available, taking into
account current international practice.
4. Access to marine genetic resources and digital sequence info rmation on marine
genetic resources of areas beyond national jurisdiction in the repositories and
databases under a Party’s jurisdiction may be subject to reasonable conditions, as
follows:
(a) The need to preserve the physical integrity of marine genetic resources;
(b) The reasonable costs associated with maintaining the relevant gene bank,
biorepository or database in which the sample, data or information is held ;
(c) The reasonable costs associated with providing access to the marine
genetic resource, data or information;
(d) Other reasonable conditions in line with the objectives of this Agreement;
and opportunities for such access on fair and most favourable terms, including on
concessional and preferential terms, may be provided to researchers and research
institutions from developing States.
5. Monetary benefits from the utilization of marine genetic reso urces and digital
sequence information on marine genetic resources of areas beyond national
jurisdiction, including commercialization, shall be sh ared fairly and equitably,
through the financial mechanism established under article 52, for the conservation
and sustainable use of marine biological diversity of areas beyond national
jurisdiction.
6. After the entry into force of this Agreement, develo ped Parties shall make
annual contributions to the special fund referred to in article 52. A Party’s rate of
contribution shall be 50 per cent of that Party’s assessed contribution to the budget
adopted by the Conference of the Parties under article 47, pa ragraph 6 (e). Such
payment shall continue until a decision is taken by the Conference of the Parties under
paragraph 7 below.
7. The Conference of the Parties shall decide on the modalities for the sharing of
monetary benefits from the utilization of mar ine genetic resources and digital
sequence information on marine genetic resources of areas beyond national
jurisdiction, taking into account the recommendations of the access and benefit -
sharing committee established under article 15. If all efforts to re ach consensus have
been exhausted, a decision shall be adopted by a three -fourths majority of the Parties
present and voting. The payments shall be made through the special fund established
under article 52. The modalities may include the following:
(a) Milestone payments;
(b) Payments or contributions related to the commercialization of products,
including payment of a percentage of the revenue from sales of products;
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(c) A tiered fee, paid on a periodic basis, based on a diversified set of
indicators measuring the aggregate level of activities by a Party;
(d) Other forms as decided by the Conference of the Pa rties, taking into
account recommendations of the access and benefit-sharing committee.
8. A Party may make a declaration at the time the Conferen ce of the Parties adopts
the modalities stating that those modalities shall not take effect for that Party for a
period of up to four years, in order to allow time for necessary implementation. A
Party that makes such a declaration shall continue to make t he payment set out in
paragraph 6 above until the new modalities take effect.
9. In deciding on the modalities for the sharing of monetary benefits from the use
of digital sequence information on marine genetic resources of areas beyond national
jurisdiction under paragraph 7 above, the Conference of the Parties shall take into
account the recommendations of the a ccess and benefit-sharing committee,
recognizing that such modalities should be mutually supportive of and adaptable to
other access and benefit-sharing instruments.
10. The Conference of the Parties, taking into account recommendations of the
access and benefit-sharing committee established under arti cle 15, shall review and
assess, on a biennial basis, the monetary benefits from the utilization of marine
genetic resources and digital sequence information on marine genetic resources of
areas beyond national jurisdiction. The first review shall take pla ce no later than five
years after the entry into force of this Agreement. The review shall include
consideration of the annual contributions referred to in paragraph 6 above.
11. Parties shall take the necessary legislative, administrative or policy measur es,
as appropriate, with the aim of ensuring that benefits arising from activities with
respect to marine genetic resources and digital sequence information on marine
genetic resources of areas beyond nation al jurisdiction by natural or juridical persons
under their jurisdiction are shared in accordance with this Agreement.
Article 15
Access and benefit-sharing committee
1. An access and benefit-sharing committee is hereby established. It shall serve,
inter alia, as a means for establishing guidelines for benefit-sharing, in accordance
with article 14, providing transparency and ensuring a fair and equitable sharing of
both monetary and non-monetary benefits.
2. The access and benefit-sharing committee shall be composed of 15 members
possessing appropriate qualifications in related fields, so as to ensure the effective
exercise of the functions of the committee. The members shall be nominated by
Parties and elected by the Conference of the Parties, taking i nto account gender
balance and equitable geographical distribution and providing for representation on
the committee from developing States, including from the least developed countries,
from small island developing States and from landlocked developing co untries. The
terms of reference and modalities for the operation of the committee shall be
determined by the Conference of the Parties.
3. The committee may make recommendations to the Conference of the Parties on
matters relating to this Part, including on the following matters:
(a) Guidelines or a code of conduct for activities with respect to marine
genetic resources and digital sequence information on marine genetic resources of
areas beyond national jurisdiction in accordance with this Part;
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(b) Measures to implement decisions taken in accordance with this Part;
(c) Rates or mechanisms for the sharing of monetary benefits in accordance
with article 14;
(d) Matters relating to this Part in relation to the Clearing-House Mechanism;
(e) Matters relating to this Part in relation to the financial mechanism
established under article 52;
(f) Any other matters relating to this Part that the Conference of the Parties
may request the access and benefit-sharing committee to address.
4. Each Party shall make available to the access and benef it-sharing committee,
through the Clearing-House Mechanism, the information required under this
Agreement, which shall include:
(a) Legislative, administrative and policy measures on access and benefit -
sharing;
(b) Contact details and other relevant information on national focal points;
(c) Other information required pursuant to the decisions taken by the
Conference of the Parties.
5. The access and benefit-sharing committee may consult and facilitate the
exchange of information with relevant legal instruments and frameworks and relevant
global, regional, subregional and sectoral bodies on activities under its mandate,
including benefit-sharing, the use of digital sequence information on marine genetic
resources, best practices, tools and methodologies, data governance and lessons
learned.
6. The access and benefit-sharing committee may make recommendations to the
Conference of the Parties in relation to information obtained under paragraph 5 above.
Article 16
Monitoring and transparency
1. Monitoring and transparency of activities with respect to marine genetic resources
and digital sequence information on marine genetic resources of areas beyond national
jurisdiction shall be achieved through notification to the Clearing-House Mechanism,
through the use of “BBNJ” standardized batch identifiers in accordance with this Part
and according to procedures adopted by the Confere nce of the Parties as recommended
by the access and benefit-sharing committee.
2. Parties shall periodically submit reports to the access and benefit -sharing
committee on their implementation of the provisions in this Part on activities with
respect to marine genetic resources and digital sequence information on marine
genetic resources of areas beyond national jurisdiction and the sharing of benefits
therefrom, in accordance with this Part.
3. The access and benefit-sharing committee shall prepare a repor t based on the
information received through the Clearing-House Mechanism and make it available
to Parties, which may submit comments. The access and benefit -sharing committee
shall submit the report, including comments received, for the consideration of th e
Conference of the Parties. The Conference of the Parties, taking into account the
recommendation of the access and benefit-sharing committee, may determine
appropriate guidelines for the implementation of this article, which shall take into
account the national capabilities and circumstances of Parties.
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PART III
MEASURES SUCH AS AREA-BASED MANAGEMENT
TOOLS, INCLUDING MARINE PROTECTED AREAS
Article 17
Objectives
The objectives of this Part are to:
(a) Conserve and sustainably use areas requiring protection, including through
the establishment of a comprehensive system of area -based management tools, with
ecologically representative and well -connected networks of marine protected areas;
(b) Strengthen cooperation and coordination in the use of area -based
management tools, including marine protected areas, among States, relevant legal
instruments and frameworks and relevant global, regional, subregional and sectoral
bodies;
(c) Protect, preserve, restore and maintain biological diversity and
ecosystems, including with a view to enhancing their productivity and health, and
strengthen resilience to stressors, including those related to climate change, ocean
acidification and marine pollution ;
(d) Support food security and other socioeconomic objectives, including the
protection of cultural values;
(e) Support developing States Parties, in particular the least developed
countries, landlocked developing countries, geographically disadvantaged States,
small island developing States, coastal African States, archipelagic States and
developing middle-income countries, taking into account the special circumstances
of small island developing States, through capacity -building and the development and
transfer of marine technology in developing, implementing, monitoring, managing
and enforcing area-based management tools, including marine protected areas.
Article 18
Area of application
The establishment of area-based management tools, including marine protected
areas, shall not include any areas within national jurisdiction and shall not be relied
upon as a basis for asserting or denying any claims t o sovereignty, sovereign rights
or jurisdiction, including in respect of any disputes re lating thereto. The Conference
of the Parties shall not consider for decision proposals for the establishment of such
area-based management tools, including marine protected areas, and in no case shall
such proposals be interpreted as recognition or non -recognition of any claims to
sovereignty, sovereign rights or jurisdiction.
Article 19
Proposals
1. Proposals regarding the establishment of area -based management tools,
including marine protected areas, under this Part shall be submitted by Parties,
individually or collectively, to the secretariat.
2. Parties shall collaborate and consult, as appropria te, with relevant stakeholders,
including States and global, regional, subregional and sectoral bodies, as well as civil
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society, the scientific community, the private sector, Indigenous Peoples and local
communities, for the development of proposals, as s et out in this Part.
3. Proposals shall be formulated on the basis of the best available science and
scientific information and, where available, relevant traditional knowledge of
Indigenous Peoples and local communities, taking into account the precautio nary
approach and an ecosystem approach.
4. Proposals with regard to identified areas shall include the following key
elements:
(a) A geographic or spatial description of the area that is the subject of the
proposal by reference to the indicative criteri a specified in Annex I;
(b) Information on any of the criteria specified in Annex I, as well as any
criteria that may be further developed and revised in accordance with paragraph 5
below applied in identifying the area;
(c) Human activities in the area, including uses by Indigenous Peoples and
local communities, and their possible impact, if any;
(d) A description of the state of the marine environment and biological
diversity in the identified area;
(e) A description of the conservation and, where appropriate, sustainable use
objectives that are to be applied to the area;
(f) A draft management plan encompassing the proposed measures and
outlining proposed monitoring, research and review activities to achieve the specif ied
objectives;
(g) The duration of the proposed area and measures, if any;
(h) Information on any consultations undertaken with States, including
adjacent coastal States and/or relevant global, regional, subregional and sectoral
bodies, if any;
(i) Information on area-based management tools, including marine protected
areas, implemented under relevant legal instruments and frameworks and relevant
global, regional, subregional and sectoral bodies;
(j) Relevant scientific input and, where available, traditional knowledge of
Indigenous Peoples and local communities.
5. Indicative criteria for the identification of such areas shall include, as relevant,
those specified in Annex I and may be further developed and revised as necessary by
the Scientific and Technical Body for consideration and adoption by the Conference
of the Parties.
6. Further requirements regarding the contents of proposals, including the
modalities for the application of indicative criteria as specified in paragraph 5 above,
and guidance on proposals specified in paragraph 4 (b) above shall be elaborated by
the Scientific and Technical Body, as necessary, for consideration and adoption by the
Conference of the Parties.
Article 20
Publicity and preliminary review of proposals
Upon receipt of a proposal in writing, the secretariat shall make the proposal
publicly available and transmit it to the Scientific and Technical Body for a
preliminary review. The purpose of the review is to ascertain that the proposal
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contains the information required under article 19, including indicative criteria
described in this Part and in Annex I. The outcome of that review shall be made
publicly available and shall be conveyed to the proponent by the secretariat. The
proponent shall retransmit the proposal to the secretariat, having taken into account
the preliminary review by the Scie ntific and Technical Body. The secretariat shall
notify the Parties and make that retransmitted proposal publicly available and
facilitate consultations pursuant to article 21.
Article 21
Consultations on and assessment of proposals
1. Consultations on proposals submitted under article 19 shall be inclusive,
transparent and open to all relevant stakeholders, including States and global,
regional, subregional and sectoral bodies, as well as civil society, the scientific
community, Indigenous Peoples and local communities.
2. The secretariat shall facilitate consultations and gather input as follows:
(a) States, in particular adjacent coastal States, shall be notified and invited to
submit, inter alia:
(i) Views on the merits and geographic scope of the proposa l;
(ii) Any other relevant scientific input;
(iii) Information regarding any existing measures or activities in adjacent or
related areas within national jurisdiction and beyond na tional jurisdiction;
(iv) Views on the potential implications of the prop osal for areas within
national jurisdiction;
(v) Any other relevant information;
(b) Bodies of relevant legal instruments and frameworks and relevant global,
regional, subregional and sectoral bodies shall be notified and invited to submit, inter
alia:
(i) Views on the merits of the proposal;
(ii) Any other relevant scientific input;
(iii) Information regarding any existing measures adopted by that instrument,
framework or body for the relevant area or for adjacent areas;
(iv) Views regarding any aspects of the measures and other elements for a draft
management plan identified in the p roposal that fall within the competence of
that body;
(v) Views regarding any relevant additional measures that fall within the
competence of that instrument, framewor k or body;
(vi) Any other relevant information;
(c) Indigenous Peoples and local communities with relevant traditional
knowledge, the scientific community, civil society and other relevant stakeholders
shall be invited to submit, inter alia:
(i) Views on the merits of the proposal;
(ii) Any other relevant scientific input;
(iii) Any relevant traditional knowledge of Indigenous Peoples and local
communities;
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(iv) Any other relevant information.
3. Contributions received pursuant to paragraph 2 above shall be made publicly
available by the secretariat.
4. In cases where the proposed measure affects areas that are entirely surrounded
by the exclusive economic zones of States, proponents shall:
(a) Undertake targeted and proactive consultations, includ ing prior
notification, with such States;
(b) Consider the views and comments of such States on the proposed measure
and provide written responses specifically addressing such views and comments and,
where appropriate, revise the proposed measure accordi ngly.
5. The proponent shall consider the contributions received during the consultation
period, as well as the views of and information from the Scientific and Technical
Body, and, as appropriate, revise the proposal accordingly or respond to substantive
contributions not reflected in the proposal.
6. The consultation period shall be time-bound.
7. The revised proposal shall be submitted to the Scientific and Technical Body,
which shall assess the proposal and make recommendations to the Conference of the
Parties.
8. The modalities for the consultation and assessment process, including duration,
shall be further elaborated by the Scientific and Technical Body, as necessary, at its
first meeting, for consideration and adoption by the Conference of the Partie s, taking
into account the special circumstances of small island developing State s.
Article 22
Establishment of area-based management tools,
including marine protected areas
1. The Conference of the Parties, on the basis of the final proposal and the draft
management plan, taking into account the contributions and scientific input received
during the consultation process established under this Part, and the scientific advice
and recommendations of the Scientific and Technical Body:
(a) Shall take decisions on the establishment of area-based management tools,
including marine protected areas, and related measures;
(b) May take decisions on measures compatible with those adopted by
relevant legal instruments and frameworks and relevant global, regional , subregional
and sectoral bodies, in cooperation and coordination with those instruments,
frameworks and bodies;
(c) May, where proposed measures are within the competences of oth er
global, regional, subregional or sectoral bodies, make recommendations to Parties to
this Agreement and to global, regional, subregional and sectoral bodies to promote
the adoption of relevant measures through such instruments, frameworks and bodies,
in accordance with their respective mandates.
2. In taking decisions under this article, the Conference of the Parties shall respect
the competences of, and not undermine, relevant legal instruments and frameworks
and relevant global, regional, subregional and sectoral bodies.
3. The Conference of the Parties shall make arrangeme nts for regular consultations
to enhance cooperation and coordination with and among relevant legal instruments
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and frameworks and relevant global, regional, subregional and sectoral bodies with
regard to area-based management tools, including marine prote cted areas, as well as
coordination with regard to related measures adopted under such instruments and
frameworks and by such bodies.
4. Where the achievement of the objectives and t he implementation of this Part so
requires, to further international cooperation and coordination with respect to the
conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction, the Conference of the Parties may c onsider and, subject to
paragraphs 1 and 2 above, may decide, as appropria te, to develop a mechanism
regarding existing area-based management tools, including marine protected areas,
adopted by relevant legal instruments and frameworks or relevant global, regional,
subregional or sectoral bodies.
5. Decisions and recommendations adopted by the Conference of the Parties in
accordance with this Part shall not undermine the effectiveness of measures adopted
in respect of areas within national jurisdiction and shall be made with due regard for
the rights and duties of all States, in accordance with the Convention. In cases where
measures proposed under this Part would affect or could reasonably be expected to
affect the superjacent water above the seabed and sub soil of submarine areas over
which a coastal State exercises sovereign rig hts in accordance with the Convention,
such measures shall have due regard to the sovereign rights of such coastal States.
Consultations shall be undertaken to that end, in accordanc e with the provisions of
this Part.
6. In cases where an area-based management tool, including a marine protected
area, established under this Part subsequently falls, either wholly or in part, within
the national jurisdiction of a coastal State, the part within national jurisdiction shall
immediately cease to be in force. The p art remaining in areas beyond national
jurisdiction shall remain in force until the Conference of the Parties, at its following
meeting, reviews and decides whether to amend or revok e the area-based management
tool, including a marine protected area, as ne cessary.
7. Upon the establishment of, or amendment to the competence of, a relevant legal
instrument or framework or a relevant global, regional, subregional or sectoral body,
any area-based management tool, including a marine protected area, or related
measures adopted by the Conference of the Parties under this Part that subsequently
falls within the competence of such instrument, framework or body, either wholly or
in part, shall remain in force until the Conference of the Parties reviews and decides,
in close cooperation and coordination with that instrument, framework or body, to
maintain, amend or revoke the area-based management tool, including a marine
protected area, and related measures, as appropriate.
Article 23
Decision-making
1. As a general rule, the decisions and recommendations under this Part shall be
taken by consensus.
2. If no consensus is reached, decisions and recommendations under this Part shall
be taken by a three-fourths majority of the Parties present and voting, be fore which
the Conference of the Parties shall decide, by a two -thirds majority of the Parties
present and voting that all efforts to reach consensus have been exhausted .
3. Decisions taken under this Part shall enter into force 120 days after the meeting
of the Conference of the Parties at which they were taken and shall be binding on all
Parties.
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4. During the period of 120 days provided for in paragraph 3 above, any Party may,
by notification in writing to the secretariat, make an objection with respect to a
decision adopted under this Part, and that decision shall not be binding on that Party.
An objection to a decision may be withdrawn at any time by written notification to
the secretariat and, thereupon, the decision shall be binding for that Party 90 days
following the date of the notification stating that the objection is withdrawn.
5. A Party making an objection under paragraph 4 above shall provide to the
secretariat, in writing, at the time of making its objection, the explanation of the
grounds for its objection, which shall be based on one or more of the following grounds :
(a) The decision is inconsistent with this Agreement or the rights and duties
of the objecting Party in accordance with the Convention;
(b) The decision unjustifiably discr iminates in form or in fact against the
objecting Party;
(c) The Party cannot practicably comply with the decision at the time of the
objection after making all reasonable efforts to do so.
6. A Party making an objection under paragraph 4 above shall, to the extent
practicable, adopt alternative measures or approaches that are equivalent in effect to
the decision to which it has objected and shall not adopt measures nor take actions
that would undermine the effectiveness of the decision to which it has ob jected unless
such measures or actions are essential for the exercise of rights and duties of the
objecting Party in accordance with the Convention.
7. The objecting Party shall report to the next ordinary meeting of the Conference
of the Parties following its notification under paragraph 4 above, and periodically
thereafter, on its implementation of paragraph 6 above, to inform the monitoring and
review under article 26.
8. An objection to a decision made in accordance with paragraph 4 above may only
be renewed if the objecting Party considers it still necessary, every three years after
the entry into force of the decision, by written notification to the secretariat. Such
written notification shall include an explanation of the grounds of its initial object ion.
9. If no notification of renewal pursuant to paragraph 8 above is received, the
objection shall be considered automatically withdrawn and, thereupon, the decision
shall be binding for that Party 120 days after that objection is automatically
withdrawn. The secretariat shall notify the Party 60 days prior to the date on which
the objection will be automatically withdrawn.
10. Decisions of the Conference of the Parties adopted under this Part, and
objections to those decisions, shall be made publicly available by the secretariat and
shall be transmitted to all States an d relevant legal instruments and frameworks and
relevant global, regional, subregional and sectoral bodies .
Article 24
Emergency measures
1. The Conference of the Parties shall take decisions to adopt measures in areas
beyond national jurisdiction, to be applied on an emergency basis, if necessary, when
a natural phenomenon or human-caused disaster has caused, or is likely to cause,
serious or irreversible harm to marine biological diversity of ar eas beyond national
jurisdiction, to ensure that the seri ous or irreversible harm is not exacerbated.
2. Measures adopted under this article shall be considered necessary only if,
following consultation with relevant legal instruments or frameworks or relevant
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global, regional, subregional or sectoral bodies, the serious or irreversible harm
cannot be managed in a timely manner through the application of the other articles of
this Agreement or by a relevant legal instrument or framework or a relevant global,
regional, subregional or sectoral body.
3. Measures adopted on an emergency basis shall be based on the best available
science and scientific information and, where available, relevant traditional
knowledge of Indigenous Peoples and local communities and shall take into account
the precautionary approach. Such measures may be proposed by Parties or
recommended by the Scientific and Technical Body and may be adopted
intersessionally. The measures shall be temporary and must be reconsidered for
decision at the next meeting of the Conference of the Parties follow ing their adoption.
4. The measures shall terminate two years following their entry into force or shall
be terminated earlier by the Conference of the Parties upon being replaced by area -
based management tools, including marine protected areas, and relate d measures
established in accordance with this Part, or by measures adopted by a relevant legal
instrument or framework or relevant global, regional, subregional or sectoral body, or
by a decision of the Conference of the Parties when the circumstances tha t
necessitated the measure cease to exist.
5. Procedures and guidance for the establishment of emergency measures,
including consultation procedures, shall be elaborated by the Scientific and Techni cal
Body, as necessary, for consideration and adoption by the Conference of the Parties
at its earliest opportunity. Such procedures shall be inclusive and transparent.
Article 25
Implementation
1. Parties shall ensure that activities under their juris diction or control that take
place in areas beyond national jurisdiction are conducted consistently with the
decisions adopted under this Part.
2. Nothing in this Agreement shall prevent a Party from a dopting more stringent
measures with respect to its nationals and vessels or with regard to activities under
its jurisdiction or control in addition to those adopted under this Part, in accordance
with international law and in support of the objectives of the Agreement.
3. The implementation of the measures adopted under this Part should not impose
a disproportionate burden on Parties that are small island developing States or least
developed countries, directly or indirectly.
4. Parties shall promote, as appropriate, the adoption of measures within relevant
legal instruments and frameworks and relevant global, regional, subregional and
sectoral bodies of which they are members, to support the implementation of the
decisions and recommendations made by the Conference of the Parties under this Part.
5. Parties shall encourage those States that are entitled to become Parties to this
Agreement, in particular those whose activities, vessels or nationals operate in an area
that is the subject of an established area-based management tool, including a marine
protected area, to adopt measures supporting the decisions and recommendations of
the Conference of the Parties on area-based management tools, including marine
protected areas, established under this Part.
6. A Party that is not a party to or a participant in a relevant legal instrument or
framework, or a member of a relevant global, regional, subregional or sectoral body,
and that does not otherwise agree to apply the measures established under such
instruments and frameworks and by such bodies shall not be dis charged from the
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obligation to cooperate, in accordance with the Convention and this Agreement, in
the conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction.
Article 26
Monitoring and review
1. Parties shall, individually or collectively, report to the Conference of the Parties
on the implementation of area-based management tools, including marine protected
areas, established under this Part and related measures. Such reports, as well as the
information and the review referred to in paragraphs 2 and 3 below, respectively, shall
be made publicly available by the secretariat.
2. The relevant legal instruments and frameworks and relevant global, regi onal,
subregional and sectoral bodies shall be invited to pro vide information to the
Conference of the Parties on the implementation of measures that they have adopted
to achieve the objectives of area-based management tools, including marine protected
areas, established under this Part.
3. Area-based management tools, including marine protected areas, established
under this Part, including related measures, shall be monitored and periodically
reviewed by the Scientific and Technical Body, taking into acco unt the reports and
information referred to in paragraphs 1 a nd 2 above, respectively.
4. In the review referred to in paragraph 3 above, the Scientific and Technical Body
shall assess the effectiveness of area-based management tools, including marine
protected areas, established under this Part, including related measures and the
progress made in achieving their objectives, and provide advice and recommendations
to the Conference of the Parties.
5. Following the review, the Conference of the Parties shall , as necessary, take
decisions or recommendations on the amendment, extension or revocation of areabased
management tools, including marine protected areas, and any related measures
adopted by the Conference of the Parties, on the basis of the best availa ble science
and scientific information and, where available, relevant traditional knowledge of
Indigenous Peoples and local communities, taking into account the precautionary
approach and an ecosystem approach.
PART IV
ENVIRONMENTAL IMPACT ASSESSMENTS
Article 27
Objectives
The objectives of this Part are to:
(a) Operationalize the provisions of the Convention on environmental impact
assessment for areas beyond national jurisdiction by establishing processes,
thresholds and other requirements for conducting and reporting assessments by
Parties;
(b) Ensure that activities covered by this Part are assessed and conducted to
prevent, mitigate and manage significant adverse impacts for the purpose of
protecting and preserving the marin e environment;
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(c) Support the consideration of cumulative impacts and impacts i n areas
within national jurisdiction;
(d) Provide for strategic environmental assessments;
(e) Achieve a coherent environmental impact assessment framework for
activities in areas beyond national jurisdiction;
(f) Build and strengthen the capacity of Parties, particularly developing States
Parties, in particular the least developed countries, landlocked developing countries,
geographically disadvantaged States, small island developing States, coastal African
States, archipelagic States and developing mi ddle-income countries, to prepare,
conduct and evaluate environmental impact assessments and strategic environmental
assessments in support of the objectives of this Agreement .
Article 28
Obligation to conduct environmental impact assessments
1. Parties shall ensure that the potential impacts on the marine environment of
planned activities under their jurisdiction or control that take place in areas beyond
national jurisdiction are assessed as set out in this Part before they are authorized.
2. When a Party with jurisdiction or control over a planned activity that is to be
conducted in marine areas within national jurisdiction determines that the activity
may cause substantial pollution of or significant and harmful changes to the marine
environment in areas beyond national jurisdiction, that Party shall ensure that an
environmental impact assessment of such activity is conducted in accordance with
this Part or that an environmental impact assessment is conducted under the Party’s
national process. A Party conducting such an assessment under its national process
shall:
(a) Make relevant information available through the Clearing-House
Mechanism, in a timely manner, during the national process;
(b) Ensure that the activity is monitored in a manner consistent with the
requirements of its national process;
(c) Ensure that environmental impact assessment reports and any relevant
monitoring reports are made available through the Clearing-House Mechanism as set
out in this Agreement.
3. Upon receiving the information referred to in paragraph 2 (a) above, the
Scientific and Technical Body may provide comments to the Party with jurisdiction
or control over the planned activity.
Article 29
Relationship between this Agreement and environmental impact
assessment processes under relevant legal instruments and
frameworks and relevant global, regional, subregional and
sectoral bodies
1. Parties shall promote the use of environmental impact assessments and the
adoption and implementation of the standards and/or gui delines developed under
article 38 in relevant legal instruments and frameworks and relevant global, regional,
subregional and sectoral bodies of which they are members.
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2. The Conference of the Parties shall develop mechanisms under this Part for the
Scientific and Technical Body to collaborate with relevant legal instruments and
frameworks and relevant global, regional, subreg ional and sectoral bodies that
regulate activities in areas beyond national jurisdiction or protect the marine
environment.
3. When developing or updating standards or guidelines for the conduct of
environmental impact assessments of activities in areas be yond national jurisdiction
by Parties to this Agreement under article 38, the Scientific and Technical Body shall,
as appropriate, collaborate with relevant legal instruments and frameworks and
relevant global, regional, subregional and sectoral bodies.
4. It is not necessary to conduct a screening or an environmental impact assessment
of a planned activity in areas beyond national jurisdiction, provided that the Party
with jurisdiction or control over the planned activity determines:
(a) That the potential impacts of the planned activity or category of activity
have been assessed in accordance with the requirements of other relevant legal
instruments or frameworks or by relevant global, regional, subregional or sectoral
bodies;
(b) That:
(i) the assessment already undertaken for the planned activity is equivalent to
the one required under this Part, and the results of the assessm ent are taken into
account; or
(ii) the regulations or standards of the relevant legal instruments or
frameworks or relevant global, regional, subregional or sectoral bodies arising
from the assessment were designed to prevent, mitigate or manage potentia l
impacts below the threshold for environmental impact assessments under this
Part, and they have been complied with.
5. When an environmental impact assessment for a planned activity in areas
beyond national jurisdiction has been conducted under a relevant legal instrument or
framework or a relevant global, regional, subregional or sectoral body, the Party
concerned shall ensure that the environmental impact assessment report is published
through the Clearing-House Mechanism.
6. Unless the planned activities that meet the criteria set out in paragraph 4 (b) (i)
above are subject to monitoring and review under a relevant legal instrument or
framework or relevant global, regional, subregional or sectoral body, Parties shall
monitor and review the activities and ensure that the monitoring and review reports
are published through the Clearing-House Mechanism.
Article 30
Thresholds and factors for conducting environmental
impact assessments
1. When a planned activity may have more than a minor or transitor y effect on the
marine environment, or the effects of the activity are unknown or poorly understood,
the Party with jurisdiction or control of the activity shall conduct a screening of the
activity under article 31, using the factors set out in paragraph 2 below, and:
(a) The screening shall be sufficiently detailed for the Party to assess whether
it has reasonable grounds for believing that the planned activity may cause substantial
pollution of or significant and harmful changes to the marine environment and shall
include:
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(i) A description of the planned activity, including its purpose, location,
duration and intensity; and
(ii) An initial analysis of the potential impacts, including consideration of
cumulative impacts and, as appropriate, alternatives to the planned activity;
(b) If it is determined on the basis of the screening that the Party has
reasonable grounds for believing that the activity may cause substantial pollution of
or significant and harmful changes to the marine environment, an environmental
impact assessment shall be conducted in accordance with the provisions of this Part.
2. When determining whether planned activitie s under their jurisdiction or control
meet the threshold set out in paragraph 1 above, Parties shall consider the fol lowing
non-exhaustive factors:
(a) The type of and technology used for the activity and the manner in which
it is to be conducted;
(b) The duration of the activity;
(c) The location of the activity;
(d) The characteristics and ecosystem of the location (including areas of
particular ecological or biological significance or vulnerability);
(e) The potential impacts of the activity, includ ing the potential cumulative
impacts and the potential impacts in areas within national jurisdiction;
(f) The extent to which the effects of the activity are unknown or poorly
understood;
(g) Other relevant ecological or biological criteria.
Article 31
Process for environmental impact assessments
1. Parties shall ensure that the process for conducting an environmen tal impact
assessment pursuant to this Part includes the following steps:
(a) Screening. Parties shall undertake screening, in a timely manner, to
determine whether an environmental impact assessment is required in respect of a
planned activity under its jurisdiction or control, in accordance with article 30, and
make its determination publicly available:
(i) If a Party determines that an environmental impact assessment is not
required for a planned activity under its jurisdiction or control, it shall m ake
relevant information, including under article 30, paragraph 1 (a), publicly
available through the Clearing-House Mechanism under this Agreement;
(ii) On the basis of the best available science and scientific information and,
where available, relevant traditional knowledge of Indigenous Peoples and local
communities, a Party may register its views on the potential impacts of a
planned activity on which a determination has been made in ac cordance with
subparagraph (a) (i) above with the Party that made the determination and the
Scientific and Technical Body, within 40 days of the publication thereof;
(iii) If the Party that registered its views expressed concerns on the potential
impacts of a planned activity on which the determination was made, the Pa rty
that made that determination shall give consideration to such concerns and may
review its determination;
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(iv) Upon consideration of the concerns registered by a Party under
subparagraph (a) (ii) above, the Scientific and Technical Body shall consider
and may evaluate the potential impacts of the planned activity on the basis of
the best available science and scientific information and, where available,
relevant traditional knowledge of I ndigenous Peoples and local communities
and, as appropriate, may make recommendations to the Party that made the
determination after giving that Party an opportunity to respond to the concerns
registered and taking into account such response;
(v) The Party that made the determination under subparagraph (a) (i) above
shall give consideration to any recommendations of the Scientific and Technical
Body;
(vi) The registration of views and the recommendations of the Scientific and
Technical Body shall be made publicly available, including through the
Clearing-House Mechanism;
(b) Scoping. Parties shall ensure that key environmental and any associated
impacts, such as economic, social, cultural and human health impacts, including
potential cumulative impacts and impacts in areas within national jurisdiction, as well
as alternatives to the planned activity, if any, to be included in the environmental
impact assessments that shall be conducted under this Part, are identified. The scope
shall be defined by using the best available science and scientific information and,
where available, relevant traditional knowledge of Indigenous Peoples and local
communities;
(c) Impact assessment and evaluation. Parties shall ensure that the impacts of
planned activities, including cumulative impacts and impacts in areas within national
jurisdiction, are assessed and evaluated using the best available science and scientific
information and, where available, relevant traditional knowledge of Indigenous
Peoples and local communities;
(d) Prevention, mitigation and management of potential advers e effects.
Parties shall ensure that:
(i) Measures to prevent, mitigate and manage potential adverse effects of the
planned activities under their jurisdiction or control are identified and analysed
to avoid significant adverse impacts. Such measures may include the
consideration of alternatives to the planned activity under their jurisdiction or
control;
(ii) Where appropriate, these measures are incorporated into an environmental
management plan;
(e) Parties shall ensure public notification and cons ultation in accordance with
article 32;
(f) Parties shall ensure the preparation and publication of an enviro nmental
impact assessment report in accordance with article 33.
2. Parties may conduct joint environmental impact assessments, in particular for
planned activities under the jurisdiction or control of small island developing States.
3. A roster of experts shall be created under the Scientific and Technical Body.
Parties with capacity constraints may request advice and assistance from those experts
to conduct and evaluate screenings and environmental impact assessments for a
planned activity under their jurisdiction or control. The experts cannot be appointed
to another part of the environmental impact assessment process of the same activity.
The Party that requested the advice and assistance shall ensure that such
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environmental impact assessments are submi tted to it for review and decision -
making.
Article 32
Public notification and consultation
1. Parties shall ensure timely public notification of a planned activity, including
by publication through the Clearing-House Mechanism and through the secretariat,
and planned and effective time-bound opportunities, as far as practicable, for
participation by all States, in particular adjacent coastal Sta tes and any other States
adjacent to the activity when they are potentially most affected States, and
stakeholders in the environmental impact assessment process. Notification and
opportunities for participation, including through the submission of comment s, shall
take place throughout the environmental impact assessment process, as appropriate,
including when identifying the scope of an environmental impact assessment under
article 31, paragraph 1 (b), and when a draft environmental impact assessment repor t
has been prepared under article 33, before a decision is made as to whether to
authorize the activity.
2. Potentially most affected States shall be determined by taking into account the
nature and potential effects on the marine environment of the plann ed activity and
shall include:
(a) Coastal States whose exercise of sovereign rights for the purpose of
exploring, exploiting, conserving or managing natural resources may reasonably be
believed to be affected by the activity;
(b) States that carry out, in the area of the planned activity, human activities,
including economic activities, that may reasonably be believed to be affected.
3. Stakeholders in this process include Indigenous Peoples and local communities
with relevant traditional knowledge, r elevant global, regional, subregional and
sectoral bodies, civil society, the scientific community and the public.
4. Public notification and consultation shall, in accordance with article 48,
paragraph 3, be inclusive and transparent, be conducted in a timely manner and be
targeted and proactive when involving small island developing States.
5. Substantive comments received during the consultation process, including from
adjacent coastal States and any other States adjacent to the planned activity when they
are potentially most affected States, shall be considered and responded to or addressed
by Parties. Parties shall give particular regard to comments concerning potential
impacts in areas within national jurisdiction and provide written responses, as
appropriate, specifically addressing such comments, including regarding any
additional measures meant to address those potential impacts. Parties shall make
public the comments received and the responses or descriptions of the manner in
which they were addressed.
6. Where a planned activity affects areas of the high seas that are entirely
surrounded by the exclusive economic zones of States, Parties shall:
(a) Undertake targeted and proactive consultations, including prior
notification, with such surrounding States;
(b) Consider the views and comments of those surrounding States on the
planned activity and provide written responses specifically addressing such views and
comments and, as appropriate, revise the planned activity accordingly.
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7. Parties shall ensure access to information related to the environmental impact
assessment process under this Agreement. Notwithstanding this, Parties shall not be
required to disclose confidential or proprietary information. The fact that confidential
or proprietary information has been redacted shall be indicated in public documents.
Article 33
Environmental impact assessment reports
1. Parties shall ensure the preparation of an environmental impact assessment
report for any such assessment undertaken pursuant to th is Part.
2. The environmental impact assessment report shall include, at a minimum, the
following information: a description of the planned activity, including its location; a
description of the results of the scoping exercise; a baseline assessment of th e marine
environment likely to be affected; a description of potential impacts, including
potential cumulative impacts and any impacts in areas within national jurisdiction; a
description of potential prevention, mitigation and management measures; a
description of uncertainties and gaps in knowledge; information on the public
consultation process; a description of the considera tion of reasonable alternatives to
the planned activity; a description of follow -up actions, including an environmental
management plan; and a non-technical summary.
3. The Party shall make the draft environmental impact assessment report available
through the Clearing-House Mechanism during the public consultation process, to
provide an opportunity for the Scientific and Technical B ody to consider and evaluate
the report.
4. The Scientific and Technical Body, as appropriate and in a timely manner, may
make comments to the Party on the draft environmental impact assessment report.
The Party shall give consideration to any comments mad e by the Scientific and
Technical Body.
5. Parties shall publish the reports of the environmental impact assessments,
including through the Clearing-House Mechanism. The secretariat shall ensure that
all Parties are notified in a timely manner when reports are published through the
Clearing-House Mechanism.
6. Final environmental impact assessment reports shall be considered by the
Scientific and Technical Body, on the basis of relevant practices, procedures and
knowledge under this Agreement, for the purp ose of developing guidelines, including
the identification of best practices.
7. A selection of the published information use d in the screening process to make
decisions on whether to conduct an environmental impact assessment, in accordance
with articles 30 and 31, shall be considered and reviewed by the Scientific and
Technical Body, on the basis of relevant practices, procedu res and knowledge under
this Agreement, for the purpose of developing guidelines, including the identification
of best practices.
Article 34
Decision-making
1. A Party under whose jurisdiction or control a planned activity falls shall be
responsible for determining if it may proceed.
2. When determining whether the planned activity may proceed under this Part,
full account shall be taken of an environmental impact assessment conducted in
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accordance with this Part. A decision to authorize t he planned activity under the
jurisdiction or control of a Party shall only be made when, taking into account
mitigation or management measures, the Party has determined that it has made all
reasonable efforts to ensure that the activity can be conducted in a manner consistent
with the prevention of significant adverse impacts on the marine environment.
3. Decision documents shall clearly outline a ny conditions of approval related to
mitigation measures and follow-up requirements. Decision documents shall b e made
public, including through the Clearing-House Mechanism.
4. At the request of a Party, the Conference of the Parties may provide advice and
assistance to that Party when determining whether a planned activity under its
jurisdiction or control may pro ceed.
Article 35
Monitoring of impacts of authorized activities
Parties shall, by using the best available science and scientific informatio n and,
where available, the relevant traditional knowledge of Indigenous Peoples and local
communities, keep under surveillance the impacts of any activities in areas beyond
national jurisdiction that they permit or in which they engage in order to determi ne
whether these activities are likely to pollute or have adverse impacts on the marine
environment. In particular, each Party shall monitor the environmental and any
associated impacts, such as economic, social, cultural and human health impacts, of
an authorized activity under their jurisdiction or control in accordance with the
conditions set out in the approval of the activity.
Article 36
Reporting on impacts of authorized activities
1. Parties, whether acting individually or collectively, shall periodically report on
the impacts of the authorized activity and the results of the monitoring required under
article 35.
2. Monitoring reports shall be made public, including through the Clearing -House
Mechanism, and the Scientific and Technical Body may consider and evaluate the
monitoring reports.
3. Monitoring reports shall be considered by the Scientific and Technical Body, on
the basis of relevant practices, procedures and knowledge under this Agreement, for
the purpose of developing guideline s on the monitoring of impacts of authorized
activities, including the identification of best practices.
Article 37
Review of authorized activities and their impacts
1. Parties shall ensure that the impacts of the authorized activity monitored
pursuant to article 35 are reviewed.
2. Should the Party with jurisdiction or control over the activity identify significant
adverse impacts that either were not foreseen in the environmental impact assessment, in
nature or severity, or that arise from a breach of any of the conditions set out in the
approval of the activity, the Party shall review its decision authorizing the activity, notify
the Conference of the Parties, other Parties and the public, including through the
Clearing-House Mechanism, and:
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(a) Require that measures be proposed and implemented to prevent, mitigate
and/or manage those impacts or take any other necessary action and/or halt the
activity, as appropriate; and
(b) Evaluate, in a timely manner, any measures implemented or actions taken
under subparagraph (a) above.
3. On the basis of the reports received under article 36, the Scientific and Technical
Body may notify the Party that authorized the activity if it considers that the activity
may have significant adverse impacts that were either not fo reseen in the
environmental impact assessment or that arise from a breach of any conditions of
approval of the authorized activity and, as appropriate, may make rec ommendations
to the Party.
4. (a) On the basis of the best available science and scientific information and,
where available, relevant traditional knowledge of Indigenous Peoples and local
communities, a Party may register its concerns, with the Party that authorized the
activity and with the Scientific and Technical Body, that the authorized act ivity may
have significant adverse impacts that were either not foreseen in the environmental
impact assessment, in nature or severity, or that arise from a breach of any conditions
of approval of the authorized activity;
(b) The Party that authorized the activity shall give consideration to such
concerns;
(c) Upon consideration of the concerns registered by a Party, the Scientific
and Technical Body shall consider and may evaluate the matter based on the best
available science and scientific information and, where available, relevant traditional
knowledge of Indigenous Peoples and local communit ies and may notify the Party
that authorized the activity, if it considers that such activity may have significant
adverse impacts that were either not foreseen i n the environmental impact assessment
or that arise from a breach of any conditions of approva l of the authorized activity
and, after giving that Party an opportunity to respond to the concerns registered and
taking into account such response and as approp riate, may make recommendations to
the Party that authorized the activity;
(d) The registration of concerns, any notifications issued and any
recommendations made by the Scientific and Technical Body shall be made publicly
available, including through th e Clearing-House Mechanism;
(e) The Party that authorized the activity shall give considerat ion to any
notifications issued and any recommendations made by the Scientific and Technical
Body.
5. All States, in particular adjacent coastal States and any ot her States adjacent to
the activity when they are potentially most affected States, and stakeholders shall be
kept informed through the Clearing-House Mechanism and may be consulted in the
monitoring, reporting and review processes in respect of an activit y authorized under
this Agreement.
6. Parties shall publish, including through the Clearing-House Mechanism:
(a) Reports on the review of the impacts of the authorized activity;
(b) Decision documents, including a record of the reasons for the decision b y
the Party, when a Party has changed its decision authorizing the activity.
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Article 38
Standards and/or guidelines to be developed by the Scientific and
Technical Body related to environmental impact assessments
1. The Scientific and Technical Body shall develop standards or guidelines for
consideration and adoption by the Conference of the Parties on:
(a) The determination of whether the thresholds for the conduct of a screening
or an environmental impact assessment under article 30 have been met or exceeded
for planned activities, including on the basis of the non -exhaustive factors set out in
paragraph 2 of that article;
(b) The assessment of cumulative impacts in areas beyond national
jurisdiction and how those impacts should be taken into accoun t in the environmental
impact assessment process;
(c) The assessment of impacts, in areas within national jurisdiction, of
planned activities in areas beyond national jurisdiction and how those impacts should
be taken into account in the environmental imp act assessment process;
(d) The public notification and consultation process under article 32, including
the determination of what constitutes confidential or proprietary information;
(e) The required content of environmental impact assessment reports a nd
published information used in the screening process pursuant to article 33, including
best practices;
(f) The monitoring of and reporting on the impacts of authorized activities as
set out in articles 35 and 36, including the identification of best pra ctices;
(g) The conduct of strategic environmental assessments.
2. The Scientific and Technical Body may also develop standards and guidelines
for consideration and adoption by the Conference of the Parties, including on:
(a) An indicative non-exhaustive list of activities that require or do not require
an environmental impact assessment, as well as any criteria related to those activities,
which shall be periodically updated;
(b) The conduct of environmental impact assessments by Parties to this
Agreement in areas identified as requiring protection or special attention.
3. Any standard shall be set out in an annex to this Agreement, in accordance with
article 74.
Article 39
Strategic environmental assessments
1. Parties shall, individually or in cooperation with other Parties, consider
conducting strategic environmental assessments for plans and programmes relating to
activities under their jurisdiction or control, to be conducted in areas beyond national
jurisdiction, in order to assess the pote ntial effects of such plans or programmes, as
well as of alternatives, on the marine environment.
2. The Conference of the Parties may conduct a strategic environmental
assessment of an area or region to collate and synthes ize the best available
information about the area or region, assess current and potential future impacts and
identify data gaps and research priorities.
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3. When undertaking environmental impact assessments pursuant to this Part,
Parties shall take into account the results of relevant strategic environmental
assessments carried out under paragraphs 1 and 2 above, where available.
4. The Conference of the Parties shall develop guidance on the conduct of each
category of strategic environmental assessment described in this article.
PART V
CAPACITY-BUILDING AND THE TRANSFER OF
MARINE TECHNOLOGY
Article 40
Objectives
The objectives of this Part are to:
(a) Assist Parties, in particular developing States Parties, in implementing the
provisions of this Agreement, to achieve its objectives ;
(b) Enable inclusive, equitable and effective cooperation and participation in
the activities undertaken under this Agreement;
(c) Develop the marine scientific and technological capacity, including with
respect to research, of Parties, in particular developing States Parties, with regard to
the conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction, including through access to marine technology by, and the
transfer of marine technology to, developing Sta tes Parties;
(d) Increase, disseminate and share knowledge on the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction;
(e) More specifically, support developing States Parties, in particular the least
developed countries, landlocked developing countries, geographically disadvantaged
States, small island developing States, coastal Af rican States, archipelagic States and
developing middle-income countries, through capacity-building and the development
and transfer of marine technology under this Agreement, in achieving the objectives
relating to:
(i) Marine genetic resources, including the sharing of benefits, as reflected in
article 9;
(ii) Measures such as area-based management tools, including marine
protected areas, as reflected in article 17;
(iii) Environmental impact assessments, as reflected in article 27.
Article 41
Cooperation in capacity-building and the transfer of marine
technology
1. Parties shall cooperate, directly or through relevant legal instruments and
frameworks and relevant global, regional, subregional and sectoral bodies, to assist
Parties, in particular developing States Parties, in achieving the objectives of this
Agreement through capacity-building and the development and transfer of marine
science and marine technology.
2. In providing capacity-building and the transfer of marine technology under this
Agreement, Parties shall cooperate at all levels and in all forms, including through
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partnerships with and involving all relevant stakeholders, such as, where appropriate,
the private sector, civil society, and Indigenous Peoples and local communities as
holders of traditional knowledge, as well as through strengthening cooperation and
coordination between relevant legal instruments and frameworks and relevant global,
regional, subregional and sectoral bodies.
3. In giving effect to this Part, Parties shall give full recognition to the special
requirements of developing States Parties, in particular the least developed countries ,
landlocked developing countries, geographically disadvantaged States, small island
developing States, coastal African States, archipelagic States and developing middleincome
countries. Parties shall ensure that the provision of capacity -building and the
transfer of marine technology is not conditional on onerous reporting requirements.
Article 42
Modalities for capacity-building and for the transfer of
marine technology
1. Parties, within their capabilities, shall ensure capacity -building for developing
States Parties and shall cooperate to achieve the transfer of marine technology, in
particular to developing States Parties that need and request it, taking into account
the special circumstances of small island developing States and of least developed
countries, in accordance with the provisions of this Agreement.
2. Parties shall provide, within their capabilities, resources to support such
capacity-building and the development and transfer of marine technology and to
facilitate access to other source s of support, taking into account their national
policies, priorities, plans and programmes.
3. Capacity-building and the transfer of marine technology should be a country -
driven, transparent, effective and iterative process that is participatory, cross -cutting
and gender-responsive. It shall build upon, as appropriate, and not duplicate ex isting
programmes and be guided by lessons learned, including those from capacity -building
and transfer of marine technology activities under relevant legal instruments and
frameworks and relevant global, regional, subregional and sectoral bodies. Insofar as
possible, it shall take into account these activities with a view to maximizing
efficiency and results.
4. Capacity-building and the transfer of marine technology sha ll be based on and
be responsive to the needs and priorities of developing States Parti es, taking into
account the special circumstances of small island developing States and of least
developed countries, identified through needs assessments on an individu al case-bycase,
subregional or regional basis. Such needs and priorities may be self -assessed or
facilitated through the capacity-building and transfer of marine technology committee
and the Clearing-House Mechanism.
Article 43
Additional modalities for the transfer of marine technology
1. Parties share a long-term vision of the importance of fully realizing technology
development and transfer for inclusive, equitable and effective cooperation and
participation in the activities undertaken under this Agreement and in order to fully
achieve its objectives.
2. The transfer of marine technology undertaken under this Agreement shall take
place on fair and most favourable terms, including on concessional and preferential
terms, and in accordance with mutua lly agreed terms and conditions as well as the
objectives of this Agreement.
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3. Parties shall promote and encourage economic and legal conditions for the
transfer of marine technology to developing States Parties, taking into account the
special circumstances of small island developing States and of least developed
countries, which may include providing incentives to enterprises and institutions.
4. The transfer of marine technology shall take into account all rights over such
technologies and be carried ou t with due regard for all legitimate interests, including,
inter alia, the rights and duties of holders, suppliers and recipients of marine
technology and taking into particular consideration the interests and needs of
developing States for the attainment of the objectives of this Agreement.
5. Marine technology transferred pursuant to this Part shall be appropriate, relevant
and, to the extent possible, reliable, affordable, up to date, environmentally sound and
available in an accessible form for developing States Parties, taking into account the
special circumstances of small island developing States and of least developed
countries.
Article 44
Types of capacity-building and of the transfer of
marine technology
1. In support of the objectives set out in article 40, the types of capacity-building
and of the transfer of marine technology may include, but are not limited to, support
for the creation or enhancement of the human, financial management, scientific,
technological, organizational, institutional and other resource capabilities of Parties,
such as:
(a) The sharing and use of relevant data, information, knowledge and research
results;
(b) Information dissemination and awareness -raising, including with respect
to relevant traditional knowledge of Indigenous Peoples and local communities, in
line with the free, prior and informed consent of th ese Indigenous Peoples and, as
appropriate, local communities;
(c) The development and strengthening of relevant infrast ructure, including
equipment and capacity of personnel for its use and maintenance;
(d) The development and strengthening of institutional capacity and national
regulatory frameworks or mechanisms;
(e) The development and strengthening of human and finan cial management
resource capabilities and of technical expertise through exchanges, research
collaboration, technical support, education and training and the transfer of marine
technology;
(f) The development and sharing of manuals, guidelines and standa rds;
(g) The development of technical, scientific and research and development
programmes;
(h) The development and strengthening of capacities and technological tools
for effective monitoring, control and surveillance of activities within the scope of th is
Agreement.
2. Further details concerning the types of capacity-building and of the transfer of
marine technology identified in this article are elaborated in Annex II .
3. The Conference of the Parties, taking account of the recommendations of the
capacity-building and transfer of marine technology committee, shall periodically, as
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necessary, review, assess and further develop and provide guidance on the indicative
and non-exhaustive list of types of capacity-building and of transfer of marine
technology elaborated in Annex II, to reflect technological progress and innovation
and to respond and adapt to the evolving needs of States, subregions and regions.
Article 45
Monitoring and review
1. Capacity-building and the transfer of marine technology undertaken in
accordance with the provisions of this Part shall be monitored and reviewed
periodically.
2. The monitoring and review referred to in paragraph 1 above shall be carried out
by the capacity-building and transfer of marine technology committee under the
authority of the Conference of the Parties and shall be aimed at:
(a) Assessing and reviewing the needs and priorities of developing States
Parties in terms of capacity -building and the transfer of marine technology, paying
particular attention to the special requirements of developin g States Parties and to the
special circumstances of small island developing States and of least developed
countries, in accordance with article 42, paragraph 4 ;
(b) Reviewing the support required, provided and mobilized, as well as gaps
in meeting the assessed needs of developing States Parties in relation to this
Agreement;
(c) Identifying and mobilizing funds under the financial mechanism
established under article 52 to develop and implement capacity-building and the
transfer of marine technology, including for the conduct of needs assessments;
(d) Measuring performance on the basis of agreed indicators and reviewing
results-based analyses, including on the output, outcomes, progress and effectiveness
of capacity-building and transfer of marine technology under this Agreement, as well
as successes and challenges;
(e) Making recommendations for follow-up activities, including on how
capacity-building and the transfer of marine technology could be further enhanced to
allow developing States Parties, taking into account the special circumstances of
small island developing States and of least developed countries, to strengthen their
implementation of the Agreement in order to achieve its objectives.
3. In supporting the monitoring and review of capacity -building and the transfer
of marine technology, Parties shall submit reports to the capacity-building and
transfer of marine technology committee. Those reports should be in a format and at
intervals to be determined by the Conference of the Parties, taking i nto account the
recommendations of the capacity-building and transfer of marine technology
committee. In submitting their reports, Parties shall take into account, where
applicable, input from regional and subregional bodies on capacity -building and the
transfer of marine technology. The reports submitted by Parti es, as well as any input
from regional and subregional bodies on capacity -building and the transfer of marine
technology, should be made publicly available. The Conference of the Parties shall
ensure that reporting requirements should be streamlined and no t onerous, in
particular for developing States Parties, including in terms of costs and time
requirements.
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Article 46
Capacity-building and transfer of marine technology committee
1. A capacity-building and transfer of marine technology committee is hereby
established.
2. The committee shall consist of members possessing appropriate qualifications
and expertise, to serve objectively in the best interest of the Agreement, nominated
by Parties and elected by the Conference of the Parties, t aking into account gender
balance and equitable geographical distribution and providing for representation on
the committee from the least developed countries, from the small island developing
States and from the landlocked developing countries. The terms of reference and
modalities for the operation of the committee shall be decided by the Conference of
the Parties at its first meeting.
3. The committee shall submit reports and recommendations that the Conference
of the Parties shall consider and take action on as appropriate.
PART VI
INSTITUTIONAL ARRANGEMENTS
Article 47
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The first meeting of the Conference of the Parties shal l be convened by the
Secretary-General of the United Nations no later than one year after the entry into
force of this Agreement. Thereafter, ordinary meetings of the Conference of the
Parties shall be held at regular intervals to be determined by the Conf erence of the
Parties. Extraordinary meetings of the Conference of the Parties may be held at other
times, in accordance with the rules of procedure .
3. The Conference of the Parties shall ordinarily meet at the seat of the secretariat
or at United Nations Headquarters.
4. The Conference of the Parties shall by consensus adopt, at its first meeting, rules
of procedure for itself and its subsidiary bodies, financial rules governing its funding
and the funding of the secretariat and any subsidiary bodies and , thereafter, rules of
procedure and financial rules for any further subsidiary body that it may establish. Until
such time as the rules of procedure have been adopted, the rules of procedure of the
intergovernmental conference on an international legally binding instrument under the
United Nations Convention on the Law of the Sea on the conservation and sustainable
use of marine biological diversity of areas beyond national jurisdiction shall apply.
5. The Conference of the Parties shall make every effort to adopt decisions and
recommendations by consensus. Except as otherwise provided in this Agreement, if
all efforts to reach consensus have been exhausted, decisions and recommendations
of the Conference of the Parties on questions of substance shall be ad opted by a twothirds
majority of the Parties present and voting, and decisions on questions of
procedure shall be adopted by a majority of the Parties present and voting.
6. The Conference of the Parties shall keep under review and evaluation the
implementation of this Agreement and, for this purpose, shall:
(a) Adopt decisions and recommendations related to the implementation of
this Agreement;
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(b) Review and facilitate the exchange of information among Parties relevant
to the implementation of this Ag reement;
(c) Promote, including by establishing appropriate processes, cooperation and
coordination with and among relevant legal instruments and frameworks and relevant
global, regional, subregional and sectoral bodies, with a view to promoting coherenc e
among efforts towards the conservation and sustainable use of marine biological
diversity of areas beyond national jurisdiction;
(d) Establish such subsidiary bodies as deemed necessary to support the
implementation of this Agreement;
(e) Adopt a budget by a three-fourths majority of the Parties present and
voting if all efforts to reach consensus have been exhausted, at such frequency and
for such a financial period as it may determine;
(f) Undertake other functions identified in this Agr eement or as may be
required for its implementation.
7. The Conference of the Parties may decide to request the International Tribunal
for the Law of the Sea to give an advisory opinion on a legal question on the
conformity with this Agreement of a propos al before the Conference of the Parties on
any matter within its competence. A request for an advisory opinion shall not be
sought on a matter within the competence s of other global, regional, subregional or
sectoral bodies, or on a matter that necessarily involves the concurrent consideration
of any dispute concerning sovereignty or other rights over continental or insular land
territory or a claim thereto, or the legal status of an area as within national jurisdiction.
The request shall indicate the scope of the legal question on which the advisory
opinion is sought. The Conference of the Parties may request that such opinion be
given as a matter of urgency.
8. The Conference of the Parties shall, within five years of the entry into force of
this Agreement and thereafter at intervals to be determined by it, assess and review
the adequacy and effectiveness of the provisions of this Agreement and, if necessary,
propose means of strengthening the implementation of those provisions in order to
better address the conservation and sustainable use of marine biological diversity of
areas beyond national jurisdiction.
Article 48
Transparency
1. The Conference of the Parties shall promote transparency in decision -making
processes and other activities carried out under this Agreement.
2. All meetings of the Conference of the Parties and its subsidiary bodies shall be
open to observers participating in accordance with the rules of procedure unless
otherwise decided by the Conference of the Parties. The Conference of the Parties
shall publish and maintain a public record of its decisions.
3. The Conference of the Parties shall promote transparency in the implementation
of this Agreement, including through the public dissemination of information and the
facilitation of the participation of, and consultation with, relevant global, regional,
subregional and sectoral bodies, Indigenous Peoples and local communities with
relevant traditional knowledge, the scientific community, civil society and other
relevant stakeholders, as appropriate and in accordance with the provisions of this
Agreement.
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4. Representatives of States not party to this Agreement, relevant global, regional,
subregional and sectoral bodies, Indigenous Peoples and local communities with
relevant traditional knowledge, the scientific community, civil society and other relevant
stakeholders with an interest in matters pertaining to the Conference of the Parties may
request to participate as observers in the meetings of the Conference of the Parties and
of its subsidiary bodies. The rules of procedure of the Conference of the Parties shall
provide for modalities for such participation and shall not be unduly restrictive in this
respect. The rules of procedure shall also provide for such representatives to hav e timely
access to all relevant information.
Article 49
Scientific and Technical Body
1. A Scientific and Technical Body is hereby established .
2. The Scientific and Technical Body shall be composed of members serving in
their expert capacity and in the best interest of the Agreement, nominated by Parties
and elected by the Conference of the Parties, with suitable qualifications, taking into
account the need for multidisciplinary expertise, including relevant scientific and
technical expertise and expertise in relevant traditional knowledge of Indigenous
Peoples and local communities, gender balance and equitable geographical
representation. The terms of reference and modalities for the operation of the
Scientific and Technical Body, including its selection process and the terms of
members’ mandates, shall be determined by the Conference of the Parties at its first
meeting.
3. The Scientific and Technical Body may draw on appropriate advice emanating
from relevant legal instruments and frameworks an d relevant global, regional,
subregional and sectoral bodies, as well as from other scientists and experts, as may
be required.
4. Under the authority and guidance of the Conference of the Parties, and taking
into account the multidisciplinary expertise re ferenced in paragraph 2 above, the
Scientific and Technical Body shall provide scientific and technical advice to the
Conference of the Parties, perform the functions assigned to it under this Agreement
and such other functions as may be determined by the Conference of the Parties and
provide reports to the Conference of the Parties on its work .
Article 50
Secretariat
1. A secretariat is hereby established. The Conference of the Parties, at its first
meeting, shall make arrangements for the functioning of the secretariat, including
deciding on its seat.
2. Until such time as the secretariat commences its functions, the Secretary -
General of the United Nations, through the Division for Ocean Affairs and the Law
of the Sea of the Office of Legal Affairs of the United Nations Secretariat, shall
perform the secretariat functions under this Agreement.
3. The secretariat and the host State may conclude a headquarters agreement. The
secretariat shall enjoy legal capacity in the territory of the host State and be granted
such privileges and immunities by the host State as are necessary for the exercise of
its functions.
4. The secretariat shall:
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(a) Provide administrative and logistical support to the Conference of the
Parties and its subsidiary bodies for the purposes of th e implementation of this
Agreement;
(b) Arrange and service the meetings of the Con ference of the Parties and of
any other bodies as may be established under this Agreement or by the Conference of
the Parties;
(c) Circulate information relating to the implementation of this Agreement in
a timely manner, including making decisions of the Conference of the Parties publicly
available and transmitting them to all Parties, as well as to relevant legal instruments
and frameworks and relevant global, regional, s ubregional and sectoral bodies;
(d) Facilitate cooperation and coordination, as app ropriate, with the
secretariats of other relevant international bodies and, in particular, enter into such
administrative and contractual arrangements as may be required fo r that purpose and
for the effective discharge of its functions, subject to approval by the Conference of
the Parties;
(e) Prepare reports on the execution of its functions under this Agreement and
submit them to the Conference of the Parties;
(f) Provide assistance with the implementation of this Agreement and perform
such other functions as may be determined by the Conference of the Parties or
assigned to it under this Agreement.
Article 51
Clearing-House Mechanism
1. A Clearing-House Mechanism is hereby established.
2. The Clearing-House Mechanism shall consist primarily of an open-access
platform. The specific modalities for the operation of the Clearing-House Mechanism
shall be determined by the Conference of the Parties.
3. The Clearing-House Mechanism shall:
(a) Serve as a centralized platform to enable Parties to access, provide and
disseminate information with respect to activities taking place pursuant to the
provisions of this Agreement, including information relating to:
(i) Marine genetic resources of areas beyond national jurisdiction, as set out
in Part II of this Agreement;
(ii) The establishment and implementation of area -based management tools,
including marine protected areas;
(iii) Environmental impact assessments;
(iv) Requests for capacity-building and the transfer of marine technology and
opportunities with respect thereto, including research collaboration and training
opportunities, information on sources and availability of technological
information and data for the transfe r of marine technology, opportunities for
facilitated access to marine technology and the availability of funding;
(b) Facilitate the matching of capacity-building needs with the support
available and with providers for the transfer of marine technology, including
governmental, non-governmental or private entities interested in participating as
donors in the transfer of marine technology, and facilitate access to related know -how
and expertise;
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(c) Provide links to relevant global, regional, subregional, national and
sectoral clearing-house mechanisms and other gene banks, repositories and databases,
including those pertaining to relevant traditional knowledge of Indigenous Peoples
and local communities, and promote, where possible, links with publicly ava ilable
private and non-governmental platforms for the exchange of information;
(d) Build on global, regional and subregional clearing -house institutions,
where applicable, when establishing regional and subregional mechanisms under the
global mechanism;
(e) Foster enhanced transparency, including by faci litating the sharing of
environmental baseline data and information relating to the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction
between Parties and other relevant stakeholders;
(f) Facilitate international cooperation and collaboration, including scientific
and technical cooperation and collaboration;
(g) Perform such other functions as may be determined by the Conference of
the Parties or assigned to it under this Agreement.
4. The Clearing-House Mechanism shall be managed by the secretariat, without
prejudice to possible cooperation with other relevant legal instruments and
frameworks and relevant global, regional, subregional and sectoral bodies as
determined by the Conference of the Parties, including the Intergovernmental
Oceanographic Commission of the United Nations Educational, Scientific and
Cultural Organization, the International Seabed Authority, the International Maritime
Organization and the Food and Agriculture Organization of the United Nations.
5. In the management of the Clearing -House Mechanism, full recognition shall be
given to the special requirements of developing States Parties, as well as the special
circumstances of small island developing States Parties, and their access to the
mechanism shall be facilitated to enable those States to utilize it without undue
obstacles or administrative burdens. Information shall be included on activities to
promote information-sharing, awareness-raising and dissemination in and with those
States, as well as to provide specific programmes for those States .
6. The confidentiality of information provided under this Agreement and rights
thereto shall be respected. Nothing under this Agreement sha ll be interpreted as
requiring the sharing of information that is protected from disclosure under the
domestic law of a Party or other applicable law.
PART VII
FINANCIAL RESOURCES AND MECHANISM
Article 52
Funding
1. Each Party shall provide, within its capabilities, resources in respect of those
activities that are intended to achieve the objectives of this Agreement, taking into
account its national policies, priorities, plans and programmes.
2. The institutions established under this Agreement shall be funded through
assessed contributions of the Parties.
3. A mechanism for the provision of adequate, accessible, new and additional and
predictable financial resources under this Agreement is hereby established. The
mechanism shall assist developing States Parties in implementing this Agreement,
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including through funding in support of capacity -building and the transfer of marine
technology, and perform other functions as set out in this article for the conservation
and sustainable use of marine biological diversity.
4. The mechanism shall include:
(a) A voluntary trust fund established by the Conference of the Parties to
facilitate the participation of representatives of developing States Parties, in particular
least developed countries, landlocked de veloping countries and small island
developing States, in the meetings of the bodies established under this Agreement;
(b) A special fund that shall be funded through the following sources:
(i) Annual contributions in accordance with article 14, paragraph 6;
(ii) Payments in accordance with article 14, paragraph 7;
(iii) Additional contributions from Parties and private entities wishing to
provide financial resources to support the conservation and sustainable use of
marine biological diversity of ar eas beyond national jurisdiction;
(c) The Global Environment Facility trust fund.
5. The Conference of the Parties may consider the possibility of establishing
additional funds, as part of the financial mechanism, to support the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction,
to finance rehabilitation and ecological restoration of marine biological diversity of
areas beyond national jurisdiction .
6. The special fund and the Global Environment Facility trust fund shall be utilized
in order to:
(a) Fund capacity-building projects under this Agreement, including effective
projects on the conservation and sustainable use of marine biological diversity
and activities and programmes, including training rela ted to the transfer of
marine technology;
(b) Assist developing States Parties in implementing this Agreement;
(c) Support conservation and sustainable use programmes by Indigenous
Peoples and local communities as holders of traditional knowledge;
(d) Support public consultations at the national, subregional and regional
levels;
(e) Fund the undertaking of any other activities as decided by the Conference
of the Parties.
7. The financial mechanism should seek to ensure that duplication is avoided, and
complementarity and coherence promoted, among the utilization of the funds within
the mechanism.
8. Financial resources mobilized in support of the implementation of this
Agreement may include funding provided through public and private sources, both
national and international, including, but not limited to, contributions from States,
international financial institutions, existing funding mechanisms under global and
regional instruments, donor agencies, in tergovernmental organizations,
non-governmental organizations and natural and juridical persons, and through
public-private partnerships.
9. For the purposes of this Agreement, the mechanism shall function under the
authority, where appropriate, and guidan ce of the Conference of the Parties and shall
be accountable thereto. The Conference of the Parties shall provide guidance on
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overall strategies, policies, programme priorities and eligibility for access to and
utilization of financial resources.
10. The Conference of the Parties and the Global Environmen t Facility shall agree
upon arrangements to give effect to the above paragraphs at the first meeting of the
Conference of the Parties.
11. In recognition of the urgency to address the conservation and sust ainable use of
marine biological diversity of areas beyond national jurisdiction, the Conference of
the Parties shall determine an initial resource mobilization goal through 2030 for the
special fund from all sources, taking into account, inter alia, the i nstitutional
modalities of the special fund and the information provided through the capacity -
building and transfer of marine technology committee.
12. Eligibility for access to funding under this Agreement shall be open to
developing States Parties on th e basis of need. Funding under the special fund sha ll
be distributed according to equitable sharing criteria, taking into account the needs
for assistance of Parties with special requirements, in particular the least developed
countries, landlocked developing countries, geographically disadvantaged States,
small island developing States and coastal African States, archipelagic States and
developing middle-income countries, and taking into account the special
circumstances of small island developing States a nd of least developed countries. The
special fund shall be aimed at ensuring efficient access to funding through simplified
application and approval procedures and enhanced readiness of support for such
developing States Parties.
13. In the light of capacity constraints, Parties shall encourage internation al
organizations to grant preferential treatment to, and consider the specific needs and
special requirements of developing States Parties, in particular the least developed
countries, landlocked developin g countries and small island developing States, and
taking into account the special circumstances of small island developing States and
of least developed countries, in the allocation of appropriate funds and technical
assistance and the utilization of their specialized services for the purposes of the
conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction.
14. The Conference of the Parties shall establish a finance committee on financial
resources. It shall be composed of members possessing appropriate qualif ications and
expertise, taking into account gender balance and equitable geographic al distribution.
The terms of reference and modalities for the operation of the committee shall be
decided by the Conference of the Parties. The committee shall periodically report and
make recommendations on the identification and mobilization of funds under the
mechanism. It shall also collect information and report on funding under other
mechanisms and instruments contributing directly or indirectly to the achievement of
the objectives of this Agreement. In addition to the considerations provided in this
article, the committee shall consider, inter alia:
(a) The assessment of the needs of the Parties, in particular develo ping States
Parties;
(b) The availability and timely disbursement of funds;
(c) The transparency of decision-making and management processes
concerning fundraising and allocations;
(d) The accountability of the recipient developing States Parties with respect
to the agreed use of funds.
15. The Conference of the Parties shall consider the reports and recommendations
of the finance committee and take appropriate action.
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16. The Conference of the Parties shall, in addition, undertake a peri odic review of
the financial mechanism to assess the adequacy, effectiveness and accessibility of
financial resources, including for the delivery of capacity -building and the transfer of
marine technology, in particular for developing States Parties.
PART VIII
IMPLEMENTATION AND COMPLIANCE
Article 53
Implementation
Parties shall take the necessary legislative, administrative or policy measures,
as appropriate, to ensure the implementation of this Agreement.
Article 54
Monitoring of implementation
Each Party shall monitor the implementation of its obligations under this
Agreement and shall, in a format and at intervals to be determined by the Conference
of the Parties, report to the Conference on measures that it has taken to implement
this Agreement.
Article 55
Implementation and Compliance Committee
1. An Implementation and Compliance Committee to facilitate and consider the
implementation of and promote compliance with the provisions of this Agreement is
hereby established. The Implementation and Compliance Committee shall be
facilitative in nature and function in a manner that is transparent, non -adversarial and
non-punitive.
2. The Implementation and Compliance Committee shall consist of members
possessing appropriate qualifications and experience nominated by Parties and
elected by the Conference of the Parties, with due consideration given to gender
balance and equitable geographical representation .
3. The Implementation and Compliance Committee shall operate under the
modalities and rules of procedure adopted by the Confe rence of the Parties at its first
meeting. The Implementation and Compliance Committee shall consider issues of
implementation and compliance at the individual and systemic levels, inter alia, and
report periodically and make recommendations, as appropriat e while cognizant of
respective national circumstances, to the Conference of the Parties .
4. In the course of its work, the Implementation and Compliance Committee may
draw on appropriate information from bodies established under this Agreement, as
well as relevant legal instruments and frameworks and relevant global, regional,
subregional and sectoral bodies, as may be required .
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PART IX
SETTLEMENT OF DISPUTES
Article 56
Prevention of disputes
Parties shall cooperate in order to prevent disputes.
Article 57
Obligation to settle disputes by peaceful means
Parties have the obligation to settle their disputes concerning the interpretation
or application of this Agreement by negotiation, inquiry, mediation, conciliation,
arbitration, judicial settlement, resort to region al agencies or arrangements, or other
peaceful means of their own choice.
Article 58
Settlement of disputes by any peaceful means chosen by
the Parties
Nothing in this Part impairs the right of any Party to this Agreement to agree at
any time to settle a dispute between them concerning the interpretation or application
of this Agreement by any peaceful means of their own choice.
Article 59
Disputes of a technical nature
Where a dispute concerns a matter of a technical nature, the Parties concern ed
may refer the dispute to an ad hoc expert panel established by them. The panel shall
confer with the Parties concerned and shall endeavour to resolve the dispute
expeditiously without recourse to binding procedures for the settlement of disputes
under article 60 of this Agreement.
Article 60
Procedures for the settlement of disputes
1. Disputes concerning the interpretation or application of this Agreement shall be
settled in accordance with the provisions for the settlement of disputes provided for
in Part XV of the Convention.
2. The provisions of Part XV of and Annexes V, VI, VII and VIII to the Convention
shall be deemed to be replicated for the purpose of the se ttlement of disputes
involving a Party to this Agreement that is not a Party to the C onvention.
3. Any procedure accepted by a Party to this Agreement that is also a Party to the
Convention pursuant to article 287 of the Convention shall apply to the sett lement of
disputes under this Part, unless that Party, when signing, ratifying, appro ving,
accepting or acceding to this Agreement, or at any time thereafter, has accepted
another procedure pursuant to article 287 of the Convention for the settlement of
disputes under this Part.
4. Any declaration made by a Party to this Agreement that is also a Party to the
Convention pursuant to article 298 of the Convention shall apply to the settlement of
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disputes under this Part, unless that Party, when signing, ratif ying, approving,
accepting or acceding to this Agreement, or at any time thereafter, has made a
different declaration pursuant to article 298 of the Convention for the settlement of
disputes under this Part.
5. Pursuant to paragraph 2 above, a Party to this Agreement that is not a Party to the
Convention, when signing, ratifying, approvin g, accepting or acceding to this
Agreement, or at any time thereafter, shall be free to choose, by means of a written
declaration, submitted to the depositary, one or more of the following means for the
settlement of disputes concerning the interpretation or application of this Agreement:
(a) The International Tribunal for the Law of the Sea;
(b) The International Court of Justice;
(c) An Annex VII arbitral tribunal;
(d) An Annex VIII special arbitral tribunal for one or more of the categories
of disputes specified in said Annex.
6. A Party to this Agreement that is not a Party to the Convention that has not
issued a declaration shall be deemed to have accep ted the option in paragraph 5 (c)
above. If the parties to a dispute have accepted the same proce dure for the settlement
of the dispute, it may be submitted only to that procedure, unless the parties otherwise
agree. If the parties to a dispute have not ac cepted the same procedure for the
settlement of the dispute, it may be submitted only to arbitrat ion under Annex VII to
the Convention, unless the parties otherwise agree. Article 287, paragraphs 6 to 8, of
the Convention shall apply to declarations made under paragraph 5 above.
7. A Party to this Agreement that is not a Party to the Convention may, w hen
signing, ratifying, approving, accepting or acceding to this Agreement, or at any time
thereafter, without prejudice to the obligations arising under this Part, declare in
writing that it does not accept any or more of the procedures provided for in Pa rt XV,
section 2, of the Convention with respect to one or more of the categories of disputes
set out in article 298 of the Convention for the settlement of di sputes under this Part.
Article 298 of the Convention shall apply to such a declaration.
8. The provisions of this article shall be without prejudice to the procedures on the
settlement of disputes to which Parties have agreed as participants in a relevan t legal
instrument or framework, or as members of a relevant global, regional, subregional
or sectoral body concerning the interpretation or application of such instruments and
frameworks.
9. Nothing in this Agreement shall be interpreted as conferring jur isdiction upon a
court or tribunal over any dispute that concerns or necessarily involves the con current
consideration of the legal status of an area as within national jurisdiction, nor over
any dispute concerning sovereignty or other rights over continen tal or insular land
territory or a claim thereto of a Party to this Agreement, provided that noth ing in this
paragraph shall be interpreted as limiting the jurisdiction of a court or tribunal under
Part XV, section 2, of the Convention.
10. For the avoidance of doubt, nothing in this Agreement shall be relied upon as a
basis for asserting or denying any claims to sovereignty, sovereign rights or
jurisdiction over land or maritime areas, including in respect to any disputes relating
thereto.
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Article 61
Provisional arrangements
Pending the settlement of a dispute in accordance with this Part, the pa rties to
the dispute shall make every effort to enter into provisional arrangements of a
practical nature.
PART X
NON-PARTIES TO THIS AGREEMENT
Article 62
Non-parties to this Agreement
Parties shall encourage non-parties to this Agreement to become Parties thereto
and to adopt laws and regulations consistent with its provisions.
PART XI
GOOD FAITH AND ABUSE OF RIGHTS
Article 63
Good faith and abuse of rights
Parties shall fulfil in good faith the obligations assumed under this Agreement
and exercise the rights recognized therein in a manner that would not constitute an
abuse of right.
PART XII
FINAL PROVISIONS
Article 64
Right to vote
1. Each Party to this Agreement shall have one vote, except as provided for in
paragraph 2 below.
2. A regional economic integration organization Party to this Agreement, on
matters within its competence, shall exercise its right to vote with a number of votes
equal to the number of its member States that are Parties to this Agreement. Such an
organization shall not exercise its right to vote if any of its member States exercises
its right to vote, and vice versa.
Article 65
Signature
This Agreement shall be open for signature by all States and regional economic
integration organizations from 20 Septembe r 2023 and shall remain open for signature
at United Nations Headquarters in New York until 20 September 2025 .
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Article 66
Ratification, approval, acceptance and accession
This Agreement shall be subject to ratification, approval or acceptance by States
and regional economic integration organizations. It shall be open for accession by
States and regional economic integration organizations from the day after the date on
which the Agreement is closed for signature. Instruments of ratification, approval,
acceptance and accession shall be deposited with the Secretary -General of the United
Nations.
Article 67
Division of the competence of regional economic integration
organizations and their member States in respect of the matters
governed by this Agreement
1. Any regional economic integration organization that becomes a Party to this
Agreement without any of its member States being a Party shall be bound by all the
obligations under this Agreement. In the case of such organizations, one or more of
whose member States is a Party to this Agreement, the organization and its member
States shall decide on their respective responsibilities for the performance of their
obligations under this Agreement. In such cases, the organization and the member
States shall not be entitled to exercise rights under this Agreement concurrently.
2. In its instrument of ratification, approval, acceptance or accession, a regional
economic integration organization shall declare the extent of its competence in
respect of the matters governed by this Agreement. Any such organization shall also
inform the depositary, who shall in turn inform the Parties, of any relevant
modification of the extent of its competence.
Article 68
Entry into force
1. This Agreement shall enter into forc e 120 days after the date of deposit of the
sixtieth instrument of ratification, approval, acceptance or accession.
2. For each State or regional economic integration organization that ratifies,
approves or accepts this Agreement or accedes thereto after the deposit of the sixtieth
instrument of ratification, approval, acceptance or accession, this Agreement shall
enter into force on the thirtieth day following the deposit of its instrument of
ratification, approval, acceptance or accession, subject to par agraph 1 above.
3. For the purposes of paragraphs 1 and 2 above, any instrument deposited by a
regional economic integration organization shall not be counted as additional to those
deposited by the member States of that organization.
Article 69
Provisional application
1. This Agreement may be applied provisionally by a State or regional economic
integration organization that consents to its provisional application by so notifying
the depositary in writing at the time of signature or deposit of its inst rument of
ratification, approval, acceptance or accession. Such provisional application shall
become effective from the date of receipt of the notification by the depositary.
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2. Provisional application by a State or regional economic integration organizati on
shall terminate upon the entry into force of this Agreement for that State or regional
economic integration organization or upon notification by that State or regional
economic integration organization to the depositary in writing of its intention to
terminate its provisional application.
Article 70
Reservations and exceptions
No reservations or exceptions may be made to this Agreement, unless expressly
permitted by other articles of this Agreement.
Article 71
Declarations and statements
Article 70 does not preclude a State or regional economic integration
organization, when signing, ratifying, approving, accepting or acceding to this
Agreement, 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 Agreement, provided that such declarations or statements do not purport to
exclude or to modify the legal effect of the provisions of this Agreement in their
application to that State or regional economic integration organization.
Article 72
Amendment
1. A Party may, by written communication addressed to the secretariat, propose
amendments to this Agreement. The secretariat shall circulate such a communication
to all Parties. If, within six months from the date of the circulation of the
communication, not less than one half of the Parties reply favourably to the request,
the proposed amendment shall be considered at the following meeting of the
Conference of the Parties.
2. An amendment to this Agreement adopted in accordance with article 47 shall be
communicated by the depositary to all Parties for ratification, approval or acceptance.
3. Amendments to this Agreement shall enter into force for the Parties ratifying,
approving or accepting them on the thirtieth day following the deposit of instruments
of ratification, approval or acceptance by two thirds of the number of Parties to this
Agreement as at the time of adoption of the amendment. Thereafter, for each Party
depositing its instrument of ratification, approval or acceptance of an amendment
after the deposit of the required number of such instruments, the amendment shall
enter into force on the thirtieth day following the deposit of its instrument of
ratification, approval or acceptance.
4. An amendment may provide, at the time of its adoption, that a smaller or larger
number of ratifications, approvals or acceptances shall be required for its entry into
force than required under this article.
5. For the purposes of paragraphs 3 and 4 above, any instrument deposited by a
regional economic integration organization shall not be counted as additional to those
deposited by the member States of that organization.
6. A State or regional economic integration organization that becomes a Part y to
this Agreement after the entry into force of amendments in accordance with paragraph 3
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above shall, failing an expression of a different intention by that State or regional
economic integration organization:
(a) Be considered as a Party to this Agre ement as so amended;
(b) Be considered as a Party to the unamended Agreement in relation to any
Party not bound by the amendment.
Article 73
Denunciation
1. A Party may, by written notification addressed to the Secretary -General of the
United Nations, denounce this Agreement 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. The denunciation shall not in any way affect the duty of any Party to fulfil any
obligation embodied in this Agreement to which it would be subject under
international law independently of this Agreement.
Article 74
Annexes
1. The annexes form an integral part of this Agreement and, unless expressly
provided otherwise, a reference to this Agreement or to one of its parts includes a
reference to the annexes relating thereto.
2. The provisions of article 72 relating to the amendment of this Agreement shall
also apply to the proposal, adoption and entry into force of a new annex to the
Agreement.
3. Any Party may propose an amendment to any annex to this Agreement for
consideration at the next meeting of the Conference of the Parties. Th e annexes may
be amended by the Conference of the Parties. Notwithstanding the provisions of
article 72, the following provisions shall apply in relation to amendments to annexes
to this Agreement:
(a) The text of the proposed amendment shall be communica ted to the
secretariat at least 150 days before the meeting. The secretariat shall, upon receiving
the text of the proposed amendment, communicate it to the Parties. The secretariat
shall consult relevant subsidiary bodies, as required, and shall communica te any
response to all Parties not later than 30 days before the meeting;
(b) Amendments adopted at a meeting shall enter into force 180 days after the
close of that meeting for all Parties, except those that make an objection in accordance
with paragraph 4 below.
4. During the period of 180 day s provided for in paragraph 3 (b) above, any Party
may, by notification in writing to the depositary, make an objection with respect to
the amendment. Such objection may be withdrawn at any time by written notificat ion
to the depositary and, thereupon, the amendment to the annex shall enter into force
for that Party on the thirtieth day after the date of withdrawal of the objection.
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Article 75
Depositary
The Secretary-General of the United Nations shall be the d epositary of this
Agreement and any amendments or revisions thereto.
Article 76
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of this
Agreement are equally authentic.
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ANNEX I
Indicative criteria for identification of areas
(a) Uniqueness;
(b) Rarity;
(c) Special importance for the life history stages of species;
(d) Special importance of the species found therein;
(e) The importance for threatened, endangered or declining species or habitats;
(f) Vulnerability, including to climate change and ocean acidification;
(g) Fragility;
(h) Sensitivity;
(i) Biological diversity and productivity;
(j) Representativeness;
(k) Dependency;
(l) Naturalness;
(m) Ecological connectivity;
(n) Important ecological processes occurring therein;
(o) Economic and social factors;
(p) Cultural factors;
(q) Cumulative and transboundary impacts;
(r) Slow recovery and resilience;
(s) Adequacy and viability;
(t) Replication;
(u) Sustainability of reproduction;
(v) Existence of conservation and management measures.
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ANNEX II
Types of capacity-building and of the transfer of
marine technology
Under this Agreement, capacity-building and transfer of marine technology
initiatives may include but are not limited to:
(a) The sharing of relevant data, information, knowledge and research, in
user-friendly formats, including:
(i) The sharing of marine scientific and technological knowledge;
(ii) The exchange of information on the conservation and sustainable use o f
marine biological diversity of areas beyond national jurisdiction;
(iii) The sharing of research and development results;
(b) Information dissemination and awareness-raising, including with regard to:
(i) Marine scientific research, marine sciences a nd related marine operations
and services;
(ii) Environmental and biological information collected through research
conducted in areas beyond national jurisdiction;
(iii) Relevant traditional knowledge in line with the free, prior and informed
consent of the holders of such knowledge;
(iv) Stressors on the ocean that affect marine biological diversity of areas
beyond national jurisdiction, including the adverse effects of climate cha nge,
such as warming and ocean deoxygenation, as well as ocean acidif ication;
(v) Measures such as area-based management tools, including marine
protected areas;
(vi) Environmental impact assessments;
(c) The development and strengthening of relevant infrastructure, including
equipment, such as:
(i) The development and establishment of necessary infrastructure;
(ii) The provision of technology, including sampling and methodology
equipment (e.g., for water, geological, biological or chemical samples );
(iii) The acquisition of the equipment necessary to support and further develop
research and development capabilities, including in data management, in the
context of activities with respect to marine genetic resources and digital
sequence information on marine genetic resources of areas beyond national
jurisdiction, measures such as area-based management tools, including marine
protected areas, and the conduct of environmental impact assessments;
(d) The development and strengthening of institutional capacity and national
regulatory frameworks or mechanisms, including :
(i) Governance, policy and legal frameworks and mechanisms;
(ii) Assistance in the development, implementation and enforcement of
national legislative, administrative or policy measu res, including associated
regulatory, scientific and technical requir ements at the national, subregional or
regional level;
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(iii) Technical support for the implementation of the provisions of this
Agreement, including for data monitoring and reporting;
(iv) Capacity to translate information and data into effective and efficient
policies, including by facilitating access to and the acquisition of knowledge
necessary to inform decision makers in developing States Parties;
(v) The establishment or strengthening of the institutional capacities of
relevant national and regional organizations and institutions;
(vi) The establishment of national and regional scientific centres, including as
data repositories;
(vii) The development of regional centres of excellence;
(viii) The development of regional centres for skills de velopment;
(ix) Increasing cooperative links between regional institutions, for example,
North-South and South-South collaboration and collaboration among regional
seas organizations and regional fisheries management organizations;
(e) The development and strengthening of human and financial mana gement
resource capabilities and of technical expertise through exchanges, research
collaboration, technical support, education and training and the transfer of marine
technology, such as:
(i) Collaboration and cooperation in marine science, including th rough data
collection, technical exchange, scientific research projects and programmes, and
the development of joint scientific research projects in cooperation with
institutions in developing States;
(ii) Education and training in:
a. The natural and social sciences, both basic and applied, to develop
scientific and research capacity;
b. Technology, and the application of marine science and technology,
to develop scientific and research capacities;
c. Policy and governance;
d. The relevance and application of traditional knowledge;
(iii) The exchange of experts, including experts on traditional knowledge;
(iv) The provision of funding for the development of human resources and
technical expertise, including through:
a. The provision of scholarships or other grants for representatives of
small island developing States Parties in workshops, training programmes or
other relevant programmes to develop their specific capacities;
b. The provision of financial and technical expertise and reso urces, in
particular for small island developing States, concerning environmental impact
assessments;
(v) The establishment of a networking mechanism among trained human
resources;
(f) The development and sharing of manuals, guidelines and standards,
including:
(i) Criteria and reference materials;
(ii) Technology standards and rules;
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(iii) A repository for manuals and relevant information to share knowledge and
capacity on how to conduct environmental impact assessments, lessons learned
and best practices;
(g) The development of technical, scientific and research and development
programmes, including biotechnological research activities.