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List of the Maritime Conventions

Key IMO Conventions

  1. International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended
  2. International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto and by the Protocol of 1997 (MARPOL)
  3. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ( STCW) as amended, including the 1995 and 2010 Manila Amendments

Other conventions relating to maritime safety and security and ship/port interface

  • Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972
  • Convention on Facilitation of International Maritime Traffic (FAL), 1965
  • International Convention on Load Lines (LL), 1966
  • International Convention on Maritime Search and Rescue (SAR), 1979
  • Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA), 1988, and Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continental Shelf (and the 2005 Protocols)
  • International Convention for Safe Containers (CSC), 1972
  • Convention on the International Maritime Satellite Organization (IMSO C), 1976
  • The Torremolinos International Convention for the Safety of Fishing Vessels (SFV), 1977,  superseded by the The 1993 Torremolinos Protocol; Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels
  • International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995
  • Special Trade Passenger Ships Agreement (STP), 1971 and Protocol on Space Requirements for Special Trade Passenger Ships, 1973

Other conventions relating to prevention of marine pollution

  • International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (INTERVENTION), 1969
  • Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), 1972 (and the 1996 London Protocol)
  • International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), 1990
  • Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol)
  • International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001
  • International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004
  • The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009

Conventions covering liability and compensation

  • International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969
  • 1992 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND 1992)
  • Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material (NUCLEAR), 1971
  • Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974
  • Convention on Limitation of Liability for Maritime Claims (LLMC), 1976
  • International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS), 1996 (and its 2010 Protocol)
  • International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
  • Nairobi International Convention on the Removal of Wrecks, 2007
Other subjects
  • International Convention on Tonnage Measurement of Ships (TONNAGE), 1969
  • International Convention on Salvage (SALVAGE), 1989

Convention establishing IMO

  • Convention on the International Maritime Organization

 

ALTERNATIVE LIST OF CONVENTIONS

 

  1. Convention on the International Maritime Organization (IMO CONVENTION);
  2. 1991 amendments to the IMO Convention which were adopted by the Assembly of the Organization on 7 November 1991 by resolution A.724(17) (IMO AMENDS -91);
  3. 1993 amendments to the IMO Convention which were adopted by the Assembly of the Organization on 4 November 1993 by resolution A.735(18) (IMO AMENDS-93);
  4. International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS 1974);
  5. Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1978);
  6. Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1988);
  7. Agreement concerning specific stability requirements for ro-ro passenger ships undertaking regular scheduled international voyages between or to or from designated ports in North West Europe and the Baltic Sea (SOLAS AGR 1996);
  8. Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREG 1972);

Protocol of 1978 relating to the International Convention for the Prevention of Pollution from

  • Ships, 1973, (MARPOL 73/78);
  • Annex III to MARPOL 73/78;
  • Annex IV to MARPOL 73/78;
  • Annex V to MARPOL 73/78;

Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended (MARPOL PROT 1997);
Convention on Facilitation of International Maritime Traffic, 1965, as amended (FAL 1965);
International Convention on Load Lines, 1966 (LL 1966);
Protocol of 1988 relating to the International Convention on Load Lines, 1966, as amended (LL PROT 1988);
International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 1969);
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (INTERVENTION 1969);
Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil, 1973, as amended (INTERVENTION PROT 1973);
International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC 1969);
Protocol to the International Convention on Civil Liability for Oil Pollution Damage, 1969
(CLC PROT 1976);
Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC PROT 1992);

Special Trade Passenger Ships Agreement, 1971 (STP 1971);
Protocol on Space Requirements for Special Trade Passenger Ships, 1973 (SPACE STP 1973);
Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, 1971 (NUCLEAR 1971);
Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (FUND PROT 1992);
Protocol of 2000 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 19721 (FUND PROT 2000);
Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (FUND PROT 2003);
International Convention for Safe Containers, 1972, as amended (CSC 1972);
Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974
(PAL 1974);
Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (PAL PROT 1976);
Protocol of 1990 to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (PAL PROT 1990) (not yet in force);
Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (PAL PROT 2002);
Convention on the International Mobile Satellite Organization, as amended (IMSO C 1976);
Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976);
Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC PROT 1996);
International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978, as amended (STCW 1978);
2010 Manila amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 and the Seafarers’ Training, Certification and Watchkeeping (STCW) Code (2010 MANILA STCW AMDTS);
International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F 1995);
International Convention on Maritime Search and Rescue, 1979 (SAR 1979);
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA);
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (SUA PROT);
Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of  Maritime Navigation (SUA 2005);
Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (SUA PROT 2005);
International COSPAS-SARSAT Programme Agreement (COS-SAR 1988);
International Convention on Salvage, 1989 (SALVAGE 1989);
International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990, as amended (OPRC 1990);
Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS 2000);
Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention on for the Safety of Fishing Vessels, 1977 (CAPE TOWN AGREEMENT 2012) (not yet in force);
Protocol of 2010 to amend the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS PROT 2010) (not yet in force);
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
(BUNKERS 2001);
International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001
(AFS 2001);
International Convention for the Control and Management of Ships’ Ballast Water and
Sediments, 2004 (BWM 2004) (not yet in force);
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended (LC 1972);
1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (LC PROT 1996);
Nairobi International Convention on the Removal of Wrecks, 2007 (NAIROBI WRC 2007); and Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 (HONG KONG CONVENTION) (not yet in force).

Instruments which are in force or applicable but which are no longer fully operational because they have been superseded by later instruments
International Convention for the Safety of Life at Sea, 1948 (SOLAS 1948)
International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as
amended (OILPOL 1954)
International Convention for the Safety of Life at Sea, 1960 (SOLAS 1960)
International Regulations for Preventing Collisions at Sea, 1960 (COLREG 1960)
Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (FUND PROT 1976)

Instruments not intended to enter into force
International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL 1973)
Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (SFV 1977)
Protocol of 1984 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC PROT 1984)
Protocol of 1984 to amend the International Convention on the Establishment of an International
Fund for Compensation for Oil Pollution Damage, 1971 (FUND PROT 1984)
Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (SFV PROT 1993);
International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS 1996);


 




International Tribunal for Law of Sea and Singapore signed Agreement for sitting in Singapore

In a virtual ceremony held on 11 June 2020, Judge Paik, President of the Tribunal, and Singapore’s Minister for Home Affairs and Minister for Law, Mr K. Shanmugam SC, signed letters on behalf of the Tribunal and Singapore for the adoption of a Model Agreement establishing the terms and conditions under which the Government of Singapore agrees to provide the appropriate facilities for the Tribunal or one of its chambers to sit or otherwise exercise its functions in Singapore. Singapore’s Senior Minister of State, Ministry of Law and Ministry of Health, Mr Edwin Tong SC, and the Registrar of the Tribunal, Ms Ximena Hinrichs Oyarce, were also present to witness the adoption.

Model Agreement

Agreement for the provision of facilities for the International Tribunal for the Law of the Sea / a Chamber of the International Tribunal for the Law of the Sea to sit or otherwise exercise its functions in the Republic of Singapore in [case name]

The Government of the Republic of Singapore and the International Tribunal for the Law of the Sea,

Having regard to article 1 of Annex VI to the United Nations Convention on the Law of the Sea (hereinafter “the Statute”), which provides that the seat of the International Tribunal for the Law of the Sea shall be in the Free and Hanseatic City of Hamburg in the Federal Republic of Germany and that the Tribunal may sit and exercise its functions elsewhere whenever it considers it desirable,

Having regard to article 7 of the Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea, adopted by the Meeting of States Parties to the United Nations Convention on the Law of the Sea on 23 May 1997, which provides that the Tribunal may conclude with the State concerned an arrangement concerning the provision of the appropriate facilities to sit or exercise its functions elsewhere than at its Headquarters,

Considering that it is important to facilitate access to the Tribunal in order to serve the needs of the States of a particular region, with a view to promoting the peaceful settlement of disputes relating to the law of the sea,

Considering that it may be convenient to the States parties to a dispute before the Tribunal or a Chamber of the Tribunal, and to the Tribunal or the Chamber to meet for the hearing at a place agreeable to all of them,

Considering that the Republic of Singapore is a State Party to the United Nations Convention on the Law of the Sea, having deposited its instrument of ratification on 17 November 1994,

Considering that the Government of the Republic of Singapore has offered to assist the Tribunal in the provision of appropriate facilities in the event that the Tribunal considers it desirable that the Tribunal or a Chamber of the Tribunal sit or otherwise exercise its functions in the Republic of Singapore,

Recalling the Joint Declaration signed between the Ministry of Law of the Republic of Singapore (hereinafter “Ministry of Law”) and the President of the International Tribunal for the Law of the Sea on 31 August 2015,

Have agreed as follows:

Article 1

Use of terms

For the purposes of this Agreement:

(a) “Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982;

(b) “Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18

April 1961;

(c) “Tribunal” means the International Tribunal for the Law of the Sea;

(d) “Chamber of the Tribunal” means the Seabed Disputes Chamber established in accordance with article 14 of the Statute or a special chamber established in accordance with article 15 of the Statute;

(e) “Government” means the Government of the Republic of Singapore;

(f) “Ministry of Foreign Affairs” means the Ministry of Foreign Affairs of the Republic of Singapore;

(g) “Member of the Tribunal” means an elected member of the Tribunal or a person chosen under article 17 of the Statute for the purpose of a particular case;

(h) “Registrar” means the Registrar of the Tribunal and includes any official of the Tribunal acting as Registrar;

(i) “officials of the Tribunal” means the Registrar and other members of the staff of the

Registry;

(j) “court facilities” means the facilities specified in article 5, paragraph 1;

(k) “Singapore” means “the Republic of Singapore”.

Article 2

Purpose of the Agreement

This Agreement establishes the terms and conditions under which the Government shall provide the Tribunal with the appropriate facilities which are required for the Tribunal or the Chamber of the Tribunal to sit or otherwise exercise its functions in Singapore.

Article 3

Competent authority

1. The Ministry of Law shall be the competent authority of the Government for all issues that may arise with respect to the implementation of this Agreement with the Tribunal.

2. The Government shall appoint a liaison officer who shall be responsible, in consultation with the Tribunal, for making and implementing the administrative and personnel arrangements for the functioning of the Tribunal or the Chamber of the Tribunal in Singapore as required under this Agreement.

Article 4

Juridical personality of the Tribunal

The Tribunal shall possess juridical personality in Singapore. It shall have the capacity to:

(a) contract;

(b) acquire and dispose of immovable and movable property;

(c) institute legal proceedings.

Article 5

Court facilities

1. The Government agrees to make available at its expense such court facilities as shall be necessary for the Tribunal or the Chamber of the Tribunal to sit or otherwise exercise its functions in Singapore, as specified in the annex. Such facilities shall consist of a room for the court hearings, a deliberations room, a meeting room for the Registry, a meeting room for each party to the case, as well as office space for the Members of the Tribunal, the Registrar and officials of the Tribunal.

2. The Government shall at its expense furnish and equip the court facilities, which shall be in good repair, in a manner adequate for the effective functioning of the Tribunal or the Chamber of the Tribunal. The room for court hearings and deliberations room shall be equipped for simultaneous interpretation between the two official languages of the Tribunal and the room for court hearings shall have facilities for sound recording.

3. The court facilities referred to in paragraph 1, including furniture and equipment, shall remain at the disposal of the Tribunal or the Chamber of the Tribunal for such time as is necessary for the exercise of its functions.

4. The Government shall provide, within the court facilities, all necessary utilities and services including telephone, facsimile, data communication and internet services, electricity, water and gas, as well as air-conditioning, as necessary.

5. The Government shall bear, as applicable, the costs of the official use of the utilities and services referred to in paragraph 4.

Article 6

Accommodation

The Government shall use its best efforts to ensure that adequate accommodation in hotels or residences is available at preferential rates for the Members of the Tribunal, the officials of the Tribunal and the parties to the case.

Article 7

Transport

The Government shall provide transport from/to Singapore airport to/from the court facilities or accommodation for the Members and officials of the Tribunal.

Article 8

Inviolability of the court facilities

The court facilities as specified in the annex shall be inviolable, subject to such conditions as may be agreed with the Government.

Article 9

Flag and emblem

The Tribunal shall be entitled to display its flag and emblem at the court facilities and on vehicles used for official purposes.

Article 10

Immunity of the Tribunal, its property, assets and funds

1. The Tribunal shall enjoy immunity from legal process, except insofar as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

2. The property, assets and funds of the Tribunal, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, seizure, expropriation or any other form of interference, whether by executive, administrative, judicial or legislative action.

3. To the extent necessary to carry out its functions, the property and assets of the Tribunal shall be exempt from restrictions, regulations, controls and moratoria of any nature.

4. The Tribunal shall have insurance coverage against third-party risks in respect of vehicles owned or operated by it in Singapore, as required by the laws and regulations of Singapore.

Article 11

Archives

The archives of the Tribunal, and all documents belonging to it or held by it, shall be inviolable at all times and wherever they may be located. The Government shall be informed of the location of such archives and documents in Singapore.

Article 12

Communications

1. For the purposes of its official communications and correspondence, the Tribunal shall enjoy in the territory of Singapore, insofar as is compatible with the international obligations of Singapore, treatment not less favourable than that which Singapore accords to any diplomatic mission in the matter of priorities, rates and taxes applicable to mail and the various forms of communication and correspondence.

2. The Tribunal may use all appropriate means of communication and make use of codes or cipher for its official communications or correspondence. The official communications and correspondence of the Tribunal shall be inviolable.

3. The Tribunal shall have the right to dispatch and receive correspondence and official communications by courier or in sealed bags, which shall have the same privileges and immunities as diplomatic couriers and bags.

Article 13

Exemption from taxes, customs duties and import or export restrictions

1. The Tribunal, its assets, income and other property, and its operations and transactions shall be exempt from all direct taxes in Singapore; it is understood, however, that the Tribunal shall not claim exemption from taxes which are no more than charges for public utility services.

2. The Tribunal shall be exempt from all customs duties, taxes on imports and prohibitions and restrictions on imports and exports in respect of goods, including publications, imported to or exported from Singapore by the Tribunal for its official use. Goods imported or purchased under such an exemption shall not be sold or otherwise disposed of in the territory of Singapore, except under conditions agreed with the Government.

Article 14

Reimbursement of duties and/or taxes

1. The Tribunal shall not, as a general rule, claim exemption from duties and taxes which are included in the price of movable and immovable property and taxes paid for services rendered. Nevertheless, when the Tribunal for its official use makes purchases of property and goods or services on which duties and taxes are charged or are chargeable, Singapore shall make appropriate administrative arrangements for the exemption of such charges or reimbursement of the amount of duty and/or tax paid.

2. Goods purchased under the exemption or reimbursement in paragraph 1 shall not be sold or otherwise disposed of, except in accordance with the conditions laid down by Singapore which granted the exemption or reimbursement. No exemption or reimbursement shall be accorded in respect of charges for public utility services provided to the Tribunal.

Article 15

Taxation

1. The salaries, emoluments and allowances paid by the Tribunal to Members and officials of the Tribunal shall be exempt from taxation in Singapore.

2. Where the incidence of any form of taxation depends upon residence, periods during which such Members or officials are present in Singapore for the discharge of their functions shall not be considered as periods of residence if such Members or officials are accorded diplomatic privileges, immunities and facilities.

Article 16

Funds and freedom from currency restrictions

1. Without being restricted by financial controls, regulations or financial moratoria of any kind, while carrying out its activities:

(a) the Tribunal may hold funds, currency of any kind or gold and operate accounts in Singapore in any currency;

(b) the Tribunal shall be free to transfer its funds, gold or its currency from or to Singapore or within Singapore and to convert any currency held by it into any other currency.

2. In exercising its rights under paragraph 1, the Tribunal shall pay due regard to any representations made by Singapore insofar as it is considered that effect can be given to such representations without detriment to the interests of the Tribunal.

Article 17

Members of the Tribunal

1. Members of the Tribunal shall, when engaged on the business of the Tribunal in Singapore, enjoy the privileges, immunities and facilities accorded to heads of diplomatic missions in Singapore in accordance with the Vienna Convention.

2. Members of the Tribunal shall be accorded facilities for entering and leaving Singapore.

3. Members of the Tribunal shall be accorded the same repatriation facilities in time of international crises as are accorded to diplomatic agents under the Vienna Convention.

4. Members of the Tribunal shall have insurance coverage against third-party risks in respect of vehicles owned or operated by them in Singapore, as required by the laws and regulations of Singapore.

5. Paragraphs 1 to 4 shall apply to Members of the Tribunal even after they have been replaced if they continue to exercise their functions in accordance with article 5, paragraph 3, of the Statute.

6. In order to secure, for Members of the Tribunal, complete freedom of speech and independence in the discharge of their functions, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their functions shall continue to be accorded, notwithstanding that the persons concerned are no longer Members of the Tribunal or performing those functions.

Article 18

Officials

1. The Registrar and the Deputy Registrar shall, when engaged on the business of the Tribunal in Singapore, be accorded diplomatic privileges, immunities and facilities in Singapore.

2. Other officials of the Tribunal shall enjoy in Singapore privileges, immunities and facilities as are necessary for the independent exercise of their functions. In particular, they shall be accorded:

(a) immunity from personal arrest or detention and from seizure of their personal
baggage;

(b) the right to import free of duty their effects at the time of first taking up their functions in Singapore and to re-export the same free of duty to their country of permanent residence;

(c) exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles not for personal use or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of Singapore; an inspection in such a case shall be conducted in the presence of the official concerned;

(d) immunity from legal process in respect of words spoken or written and all acts done by them in discharging their functions, which immunity shall continue even after they have ceased to exercise their functions;

(e) immunity from national service obligations;

(f) exemption from immigration restrictions or alien registration;

(g) the same privileges in respect of currency and exchange facilities as are accorded to the officials of comparable rank forming part of diplomatic missions to Singapore;

(h) the same repatriation facilities in time of international crises as are accorded to diplomatic agents under the Vienna Convention.

3. The officials of the Tribunal shall be required to have insurance coverage against third-party risks in respect of vehicles owned or operated by them in Singapore, as required by the laws and regulations of Singapore.

4. The Tribunal shall communicate to the Government the categories of officials to which the provisions of this article shall apply. The names of the officials included in these categories shall be communicated to the Government.

Article 19

Experts appointed under article 289 of the Convention

Experts appointed under article 289 of the Convention shall be accorded, during the period of their missions in Singapore, including the time spent on journeys in connection with their missions, such privileges, immunities and facilities as are necessary for the independent exercise of their functions. In particular, they shall be accorded:

(a) immunity from personal arrest or detention and from seizure of their personal
baggage;

(b) exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles not for personal use or articles the import or export of which is prohibited by law or controlled by the quarantine regulations of Singapore; an inspection in such a case shall be conducted in the presence of the expert concerned;

(c) immunity from legal process in respect of words spoken or written and acts done by them in discharging their functions, which immunity shall continue even after they have ceased to exercise their functions;

(d) inviolability of documents and papers;

(e) exemption from immigration restrictions or alien registration;

(f) the same facilities in respect of currency and exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;

(g) such experts shall be accorded the same repatriation facilities in time of international crises as are accorded to diplomatic agents under the Vienna Convention.

Article 20

Agents, counsel and advocates

1. Agents, counsel and advocates before the Tribunal or the Chamber of the Tribunal shall be accorded, during the period of their missions in Singapore, including the time spent on journeys in connection with their missions, the privileges, immunities and facilities as are necessary for the independent exercise of their functions. In particular, they shall be accorded:

(a) immunity from personal arrest or detention and from seizure of their personal
baggage;

(b) exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles not for personal use or articles the import or export of

which is prohibited by law or controlled by the quarantine regulations of Singapore; an inspection in such a case shall be conducted in the presence of the agent, counsel or advocate concerned;

(c) immunity from legal process in respect of words spoken or written and all acts done by them in discharging their functions, which immunity shall continue even after they have ceased to exercise their functions;

(d) inviolability of documents and papers;

(e) the right to receive papers or correspondence by courier or in sealed bags;

(f) exemption from immigration restrictions or alien registration;

(g) the same facilities in respect of their personal baggage and in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;

(h) the same repatriation facilities in time of international crises as are accorded to diplomatic agents under the Vienna Convention.

2. Upon receipt of notification from parties to the case before the Tribunal or the Chamber of the Tribunal as to the appointment of an agent, counsel or advocate, a certification of the status of such representative shall be provided under the signature of the Registrar and limited to a period reasonably required for the proceedings.

3. The Government shall accord the privileges, immunities and facilities provided for in this article upon production of the certification referred to in paragraph 2.

Article 21

Witnesses, experts and persons performing missions

1. Witnesses, experts and persons performing missions by order of the Tribunal or the Chamber of the Tribunal shall be accorded, during the period of their missions in Singapore, including the time spent on journeys in connection with their missions, the privileges, immunities and facilities as are necessary for the independent exercise of their functions. In particular, they shall be accorded:

(a) immunity from personal arrest or detention and from seizure of their personal baggage;

(b) exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles not for personal use or articles the import or export of which is prohibited by law or controlled by the quarantine regulations of Singapore; an inspection in such a case shall be conducted in the presence of the witness, expert or person performing a mission concerned;

(c) immunity from legal process in respect of words spoken or written and acts done by them in discharging their functions, which immunity shall continue even after they have ceased to exercise their functions;

(d) inviolability of documents and papers;

(e) exemption from immigration restrictions or alien registration;

(f) subject to the declarations that need to be made under Singapore law, the same facilities in respect of currency and exchange restrictions as are accorded to representatives of foreign governments on temporary official missions.

2. Witnesses, experts and persons performing missions shall be accorded repatriation facilities in time of international crises.

Article 22

Nationals and permanent residents

Without prejudice to the exemption granted to Members of the Tribunal and the Registrar from taxation in Singapore in accordance with article 15, a person enjoying immunities and privileges under this Agreement who is a national or permanent resident of Singapore, shall, in the territory of Singapore, enjoy only immunity from legal process and inviolability in respect of words spoken or written and all acts done by that person in the discharge of his or her duties, which immunity shall continue even after the person has ceased to exercise his or her functions in connection with the Tribunal.

Article 23

Respect for laws and regulations

1. Privileges, immunities and facilities as provided for in articles 17 to 21 are granted not for the personal benefit of the individuals themselves but in order to safeguard the independent exercise of their functions in connection with the Tribunal or the Chamber of the Tribunal.

2. Without prejudice to their privileges and immunities, all persons referred to in articles 17 to

21 shall respect the laws and regulations of Singapore. They shall not interfere in the internal affairs of Singapore.

Article 24

Cases of abuse

1. The Tribunal shall take every precaution to ensure that no abuse of the privileges, immunities and facilities as provided for in this Agreement shall occur. If the Government considers that there has been such abuse, the President of the Tribunal shall, when so requested, enter into consultations with the pertinent authorities of Singapore to determine whether such abuse has occurred. If the consultations fail to achieve a result satisfactory to the Government and to the President of the Tribunal, the matter shall be resolved according to the procedures established in article 30.

2. The Government may only require persons referred to in articles 17 to 21, other than Members, the Registrar or the Deputy Registrar or any other official of the Tribunal when

acting as Registrar or representatives of States Parties, to leave Singapore on account of any activities performed by them which are an abuse of the right of residence in Singapore and are not directly related to, or incidental to the performance of, official functions, with the approval of the Minister for Foreign Affairs of Singapore, after consultation with the Registrar in the case of officials of the Tribunal, and the President of the Tribunal in the case of the other persons herein referred to. Representatives of States Parties other than agents, representing such States Parties in proceedings before the Tribunal or the Chamber of the Tribunal, may only be required to leave Singapore in accordance with the diplomatic procedure applicable to diplomatic agents accredited to Singapore.

Article 25

Waiver

1. Inasmuch as the privileges and immunities provided for in this Agreement are granted in the interests of the good administration of justice and not for the personal benefit of the individuals themselves, the competent authority has the right and the duty to waive the immunity in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the administration of justice.

2. For this purpose, the competent authority in the case of agents, counsel and advocates representing or designated by a State which is a party to proceedings before the Tribunal or the Chamber of the Tribunal will be the State concerned. In the case of other agents, counsel and advocates, the Registrar, experts appointed under article 289 of the Convention and witnesses, experts and persons performing missions, the competent authority will be the Tribunal. In the case of other officials of the Tribunal, the competent authority will be the Registrar, acting with the approval of the President of the Tribunal.

Article 26

Laissez-passer and visas

1. Restrictions regarding entry into, sojourn in, or departure from the territory of Singapore shall not apply to persons referred to in articles 17 to 21 who enjoy diplomatic immunity or similar legal status. Restrictions regarding entry into, sojourn in, or departure from the territory of Singapore may apply to persons referred to in articles 20 and 21 who do not enjoy diplomatic immunity or similar legal status if the person in question has been convicted of or is charged with a serious criminal offence as referred to in the law of Singapore. The name of any such person to whom such restrictions are intended to be applied shall be communicated to the Tribunal and such person shall be provided safe conduct at the request of the Tribunal.

2. The Government shall recognize and accept the United Nations laissez-passer issued to Members and officials of the Tribunal or experts appointed under article 289 of the Convention as a valid travel document.

3. Applications for visas (where required) from the Members of the Tribunal and the Registrar shall be dealt with as speedily as possible. Applications for visas from all other persons holding or entitled to hold laissez-passer referred to in paragraph 2 and from persons referred to in articles

20 and 21, when accompanied by a certificate that they are travelling on the business of the Tribunal, shall be dealt with as speedily as possible.

Article 27

Maintenance of security and public order

1. If the Government considers it necessary to take, without prejudice to the independent and proper working of the Tribunal or the Chamber of the Tribunal, measures necessary for the security or for the maintenance of public order of Singapore in accordance with international law, it shall approach the Tribunal or the Chamber of the Tribunal as rapidly as circumstances allow in order to determine, after consultations with the Registrar, the measures necessary to protect them.

2. The Tribunal or the Chamber of the Tribunal shall cooperate with the Government to avoid any prejudice to the security or public order of Singapore resulting from its activities.

3. The Government shall take, in cooperation with the Registrar, the necessary measures to ensure that the use by the Tribunal or the Chamber of the Tribunal of the court facilities, equipment or supplies is not disrupted.

4. The Government shall protect the court facilities against unauthorized entry or
damage of any kind and take appropriate measures to prevent any disturbance of the peace or impairment of the dignity and proper functioning of the Tribunal or the Chamber of the Tribunal or to prevent disturbances of public security or order in the court facilities or in the immediate vicinity thereof.

5. The Government shall provide the police or security forces necessary for the
preservation of law and order in the court facilities and the removal therefrom of persons, if so requested by the Registrar.

Article 28

Cooperation with the authorities of Singapore

The Tribunal shall cooperate at all times with the appropriate authorities of Singapore to facilitate the execution of their laws and to prevent any abuse in connection with the privileges, immunities and facilities referred to in this Agreement.

Article 29

Responsibility

Singapore shall not incur, by reason of the functioning of the Tribunal or the Chamber of the Tribunal within its territory, any international responsibility for acts or omissions of the Tribunal or of its officials acting or abstaining from acting within the scope of their functions other than the international responsibility which Singapore would incur as a State Party.

Article 30

Settlement of disputes

1. The Tribunal shall make suitable provisions for the settlement of:

(a) disputes arising out of contracts and other disputes of a private law character to which the Tribunal is a party;

(b) disputes involving any person referred to in this Agreement who by reason of his or her official position enjoys immunity, if such immunity has not been waived.

2. All disputes between the Tribunal and the Government arising out of the interpretation or application of this Agreement shall be referred to an arbitral tribunal unless the parties have agreed to another mode of settlement. If a dispute arises which is not settled by consultation, negotiation or other agreed mode of settlement within three months following a request by one of the parties to the dispute, it shall at the request of either party be referred for final decision to a panel of three arbitrators: one to be chosen by the Tribunal, one to be chosen by the Government and the third, who shall be chairperson of the panel, to be chosen by the first two arbitrators. If either party has failed to make its appointment of an arbitrator within two months of the appointment of an arbitrator by the other party, the Secretary-General of the United Nations shall make such appointment. Should the first two arbitrators fail to agree upon the appointment of the third arbitrator within three months following the appointment of the first two arbitrators, the third arbitrator shall be chosen by the Secretary-General of the United Nations upon the request of either party.

Article 31

Entry into force

This Agreement shall enter into force upon signature.

Article 32

Modification

At the request of the Government or the Tribunal, consultations shall be entered into with respect to the modification of this Agreement. Any such modifications shall be made in writing by consent of both parties to this Agreement. Such modifications shall come into effect on such date as mutually agreed by the parties.

Article 33

Termination of the Agreement

This Agreement may be terminated:

(a) by mutual consent of the Tribunal and the Government; or

(b) by either party by giving notice to the other party at least one month in advance of the effective date of termination.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.


NOTE: The International Tribunal for the Law of the Sea is an independent judicial body established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS) to hear any dispute concerning the interpretation or application of UNCLOS. Singapore became a party to UNCLOS on 17 November 1994. Currently, there are 168 parties to UNCLOS, which comprise 167 States and the European Union.


SOURCE: The International Tribunal for the Law of the Sea




Continental Sea: Law of the Sea

CONTINENTAL SHELF

Under United Nations Convention on the Law of the Sea of 10 December 1982

PART VI.

Article 76. Definition of the continental shelf
Article 77. Rights of the coastal State over the continental shelf.
Article 78. Legal status of the superjacent waters and air space and the rights and freedoms of other States
Article 79. Submarine cables and pipelines on the continental shelf
Article 80. Artificial islands, installations and structures on the continental shelf
Article 81. Drilling on the continental shelf
Article 82. Payments and contributions with respect to the exploitation of the continental shelf beyond 200 nautical miles
Article 83. Delimitation of the continental shelf between States with opposite or adjacent coasts
Article 84. Charts and lists of geographical coordinates
Article 85. Tunnelling

United Nations Convention on the Law of the Sea of 10 December 1982


Article 76

Definition of the continental shelf

1. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.

2. The continental shelf of a coastal State shall not extend beyond the limits provided for in paragraphs 4 to 6.

3. The continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.

4. (a) For the purposes of this Convention, the coastal State shall establish the outer edge of the continental margin wherever the margin extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by either:

(i) a line delineated in accordance with paragraph 7 by reference to the outermost fixed points at each of which the thickness of sedimentary rocks is at least 1 per cent of the shortest distance from such point to the foot of the continental slope; or

(ii) a line delineated in accordance with paragraph 7 by reference to fixed points not more than 60 nautical miles from the foot of the continental slope.

(b) In the absence of evidence to the contrary, the foot of the continental slope shall be determined as the point of maximum change in the gradient at its base.

5. The fixed points comprising the line of the outer limits of the continental shelf on the seabed, drawn in accordance with paragraph 4 (a)(i) and (ii), either shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 metre isobath, which is a line connecting the depth of 2,500 metres.

6. Notwithstanding the provisions of paragraph 5, on submarine ridges, the outer limit of the continental shelf shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured. This paragraph does not apply to submarine elevations that are natural components of the continental margin, such as its plateaux, rises, caps, banks and spurs.

7. The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting fixed points, defined by coordinates of latitude and longitude.

8. Information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission on the Limits of the Continental Shelf set up under Annex II on the basis of equitable geographical representation. The Commission shall make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf. The limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding.

9. The coastal State shall deposit with the Secretary-General of the United Nations charts and relevant information, including geodetic data, permanently describing the outer limits of its continental shelf. The Secretary-General shall give due publicity thereto.

10. The provisions of this article are without prejudice to the question of delimitation of the continental shelf between States with opposite or adjacent coasts.

Article 77

Rights of the coastal State over the continental shelf

1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources.

2. The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State.

3. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation.

4. The natural resources referred to in this Part consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.

Article 78

Legal status of the superjacent waters and air space

and the rights and freedoms of other States

1. The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters.

2. The exercise of the rights of the coastal State over the continental shelf must not infringe or result in any unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this Convention.

Article 79

Submarine cables and pipelines on the continental shelf

1. All States are entitled to lay submarine cables and pipelines on the continental shelf, in accordance with the provisions of this article.

2. Subject to its right to take reasonable measures for the exploration of the continental shelf, the exploitation of its natural resources and the prevention, reduction and control of pollution from pipelines, the coastal State may not impede the laying or maintenance of such cables or pipelines.

3. The delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State.

4. Nothing in this Part affects the right of the coastal State to establish conditions for cables or pipelines entering its territory or territorial sea, or its jurisdiction over cables and pipelines constructed or used in connection with the exploration of its continental shelf or exploitation of its resources or the operations of artificial islands, installations and structures under its jurisdiction.

5. When laying submarine cables or pipelines, States shall have due regard to cables or pipelines already in position. In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced.

Article 80

Artificial islands, installations and structures on the continental shelf

Article 60 applies mutatis mutandis to artificial islands, installations and structures on the continental shelf.

Article 81

Drilling on the continental shelf

The coastal State shall have the exclusive right to authorize and regulate drilling on the continental shelf for all purposes.

Article 82

Payments and contributions with respect to the

exploitation of the continental shelf beyond 200 nautical miles

1. The coastal State shall make payments or contributions in kind in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

2. The payments and contributions shall be made annually with respect to all production at a site after the first five years of production at that site. For the sixth year, the rate of payment or contribution shall be 1 per cent of the value or volume of production at the site. The rate shall increase by 1 per cent for each subsequent year until the twelfth year and shall remain at 7 per cent thereafter. Production does not include resources used in connection with exploitation.

3. A developing State which is a net importer of a mineral resource produced from its continental shelf is exempt from making such payments or contributions in respect of that mineral resource.

4. The payments or contributions shall be made through the Authority, which shall distribute them to States Parties to this Convention, on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and the land-locked among them.

Article 83

Delimitation of the continental shelf

between States with opposite or adjacent coasts

1. The delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.

2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV.

3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation.

4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the continental shelf shall be determined in accordance with the provisions of that agreement.

Article 84

Charts and lists of geographical coordinates

1. Subject to this Part, the outer limit lines of the continental shelf and the lines of delimitation drawn in accordance with article 83 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation.

2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations and, in the case of those showing the outer limit lines of the continental shelf, with the Secretary-General of the Authority.

Article 85

Tunnelling

This Part does not prejudice the right of the coastal State to exploit the subsoil by means of tunnelling, irrespective of the depth of water above the subsoil.


United Nations Convention on the Law of the Sea of 10 December 1982




EXCLUSIVE ECONOMIC ZONE: International Law Of Sea UNO Convention On The Law Of Sea 1982

EXCLUSIVE ECONOMIC ZONE

Under International Law Of Sea UNO Convention On The Law Of Sea 1982

PART V.

Article 55. Specific legal regime of the exclusive economic zone
Article 56. Rights, jurisdiction and duties of the coastal State in the exclusive economic zone
Article 57. Breadth of the exclusive economic zone
Article 58. Rights and duties of other States in the exclusive economic zone
Article 59. Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction in the exclusive economic zone
Article 60. Artificial islands, installations and structures in the exclusive economic zone
Article 61. Conservation of the living resources
Article 62. Utilization of the living resources
Article 63. Stocks occurring within the exclusive economic zones of two or more coastal States or both within the exclusive economic zone and in an area beyond and adjacent to it
Article 64. Highly migratory species
Article 65. Marine mammals
Article 66. Anadromous stocks
Article 67. Catadromous species
Article 68. Sedentary species
Article 69. Right of land-locked States
Article 70. Right of geographically disadvantaged States
Article 71. Non-applicability of articles 69 and 70
Article 72. Restrictions on transfer of rights
Article 73. Enforcement of laws and regulations of the coastal State
Article 74. Delimitation of the exclusive economic zone between States with opposite or adjacent coasts
Article 75. Charts and lists of geographical coordinates


Under International Law Of Sea UNO Convention On The Law Of Sea 1982

Article55

Specific legal regime of the exclusive economic zone

The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.

Article56

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

1. In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:

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

(ii) marine scientific research;

(iii) the protection and preservation of the marine environment;

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

2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.

3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.

Article57

Breadth of the exclusive economic zone

The exclusive economic zone shall not extend beyond 200 nautical miles(1.5 Statute miles) from the baselines from which the breadth of the territorial sea is measured.

Article58

Rights and duties of other States in the exclusive economic zone

1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.

2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.

3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.

Article59

Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction

in the exclusive economic zone

In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole.

Article60

Artificial islands, installations and structures in the exclusive economic zone

1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:

(a) artificial islands;

(b) installations and structures for the purposes provided for in article 56 and other economic purposes;

(c) installations and structures which may interfere with the exercise of the rights of the coastal State in the zone.

2. The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.

3. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.

4. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures.

5. The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around them, measured from each point of their outer edge, except as authorized by generally accepted international standards or as recommended by the competent international organization. Due notice shall be given of the extent of safety zones.

6. All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.

7. Artificial islands, installations and structures and the safety zones around them may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation.

8. Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.

Article61

Conservation of the living resources

1. The coastal State shall determine the allowable catch of the living resources in its exclusive economic zone.

2. The coastal State, taking into account the best scientific evidence available to it, shall ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations, whether subregional, regional or global, shall cooperate to this end.

3. Such measures shall also be designed to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the economic needs of coastal fishing communities and the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global.

4. In taking such measures the coastal State shall take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened.

5. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned, including States whose nationals are allowed to fish in the exclusive economic zone.

Article62

Utilization of the living resources

1. The coastal State shall promote the objective of optimum utilization of the living resources in the exclusive economic zone without prejudice to article 61.

2. The coastal State shall determine its capacity to harvest the living resources of the exclusive economic zone. Where the coastal State does not have the capacity to harvest the entire allowable catch, it shall, through agreements or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in paragraph 4, give other States access to the surplus of the allowable catch, having particular regard to the provisions of articles 69 and 70, especially in relation to the developing States mentioned therein.

3. In giving access to other States to its exclusive economic zone under this article, the coastal State shall take into account all relevant factors, including, inter alia, the significance of the living resources of the area to the economy of the coastal State concerned and its other national interests, the provisions of articles 69 and 70, the requirements of developing States in the subregion or region in harvesting part of the surplus and the need to minimize economic dislocation in States whose nationals have habitually fished in the zone or which have made substantial efforts in research and identification of stocks.

4. Nationals of other States fishing in the exclusive economic zone shall comply with the conservation measures and with the other terms and conditions established in the laws and regulations of the coastal State. These laws and regulations shall be consistent with this Convention and may relate, inter alia, to the following:

(a) licensing of fishermen, fishing vessels and equipment, including payment of fees and other forms of remuneration, which, in the case of developing coastal States, may consist of adequate compensation in the field of financing, equipment and technology relating to the fishing industry;

(b) determining the species which may be caught, and fixing quotas of catch, whether in relation to particular stocks or groups of stocks or catch per vessel over a period of time or to the catch by nationals of any State during a specified period;

(c) regulating seasons and areas of fishing, the types, sizes and amount of gear, and the types, sizes and number of fishing vessels that may be used;

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

(e) specifying information required of fishing vessels, including catch and effort statistics and vessel position reports;

(f) requiring, under the authorization and control of the coastal State, the conduct of specified fisheries research programmes and regulating the conduct of such research, including the sampling of catches, disposition of samples and reporting of associated scientific data;

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

(h) the landing of all or any part of the catch by such vessels in the ports of the coastal State;

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

(j) requirements for the training of personnel and the transfer of fisheries technology, including enhancement of the coastal State’s capability of undertaking fisheries research;

(k) enforcement procedures.

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

Article63

Stocks occurring within the exclusive economic zones of

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

and in an area beyond and adjacent to it

1. Where the same stock or stocks of associated species occur within the exclusive economic zones of two or more coastal States, these States shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks without prejudice to the other provisions of this Part.

2. Where the same stock or stocks of associated species occur both within the exclusive economic zone and in an area beyond and adjacent to the zone, the coastal State and the States fishing for such stocks in the adjacent area shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary for the conservation of these stocks in the adjacent area.

Article64

Highly migratory species

1. The coastal State and other States whose nationals fish in the region for the highly migratory species listed in Annex I shall cooperate directly or through appropriate international organizations with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout the region, both within and beyond the exclusive economic zone. In regions for which no appropriate international organization exists, the coastal State and other States whose nationals harvest these species in the region shall cooperate to establish such an organization and participate in its work.

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

Article65

Marine mammals

Nothing in this Part restricts the right of a coastal State or the competence of an international organization, as appropriate, to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in this Part. States shall cooperate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organizations for their conservation, management and study.

Article66

Anadromous stocks

1. States in whose rivers anadromous stocks originate shall have the primary interest in and responsibility for such stocks.

2. The State of origin of anadromous stocks shall ensure their conservation by the establishment of appropriate regulatory measures for fishing in all waters landward of the outer limits of its exclusive economic zone and for fishing provided for in paragraph 3(b). The State of origin may, after consultations with the other States referred to in paragraphs 3 and 4 fishing these stocks, establish total allowable catches for stocks originating in its rivers.

3. (a) Fisheries for anadromous stocks shall be conducted only in waters landward of the outer limits of exclusive economic zones, except in cases where this provision would result in economic dislocation for a State other than the State of origin. With respect to such fishing beyond the outer limits of the exclusive economic zone, States concerned shall maintain consultations with a view to achieving agreement on terms and conditions of such fishing giving due regard to the conservation requirements and the needs of the State of origin in respect of these stocks.

(b) The State of origin shall cooperate in minimizing economic dislocation in such other States fishing these stocks, taking into account the normal catch and the mode of operations of such States, and all the areas in which such fishing has occurred.

(c) States referred to in subparagraph (b), participating by agreement with the State of origin in measures to renew anadromous stocks, particularly by expenditures for that purpose, shall be given special consideration by the State of origin in the harvesting of stocks originating in its rivers.

(d) Enforcement of regulations regarding anadromous stocks beyond the exclusive economic zone shall be by agreement between the State of origin and the other States concerned.

4. In cases where anadromous stocks migrate into or through the waters landward of the outer limits of the exclusive economic zone of a State other than the State of origin, such State shall cooperate with the State of origin with regard to the conservation and management of such stocks.

5. The State of origin of anadromous stocks and other States fishing these stocks shall make arrangements for the implementation of the provisions of this article, where appropriate, through regional organizations.

Article67

Catadromous species

1. A coastal State in whose waters catadromous species spend the greater part of their life cycle shall have responsibility for the management of these species and shall ensure the ingress and egress of migrating fish.

2. Harvesting of catadromous species shall be conducted only in waters landward of the outer limits of exclusive economic zones. When conducted in exclusive economic zones, harvesting shall be subject to this article and the other provisions of this Convention concerning fishing in these zones.

3. In cases where catadromous fish migrate through the exclusive economic zone of another State, whether as juvenile or maturing fish, the management, including harvesting, of such fish shall be regulated by agreement between the State mentioned in paragraph 1 and the other State concerned. Such agreement shall ensure the rational management of the species and take into account the responsibilities of the State mentioned in paragraph 1 for the maintenance of these species.

Article68

Sedentary species

This Part does not apply to sedentary species as defined in article 77, paragraph 4.

Article69

Right of land-locked States

1. Land-locked States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62.

2. The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia:

(a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;

(b) the extent to which the land-locked State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States;

(c) the extent to which other land-locked States and geographically disadvantaged States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or a part of it;

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

3. When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing land-locked States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 2 shall also be taken into account.

4. Developed land-locked States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.

5. The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to land-locked States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.

Article70

Right of geographically disadvantaged States

1. Geographically disadvantaged States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62.

2. For the purposes of this Part, “geographically disadvantaged States” means coastal States, including States bordering enclosed or semi-enclosed seas, whose geographical situation makes them dependent upon the exploitation of the living resources of the exclusive economic zones of other States in the subregion or region for adequate supplies of fish for the nutritional purposes of their populations or parts thereof, and coastal States which can claim no exclusive economic zones of their own.

3. The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia:

(a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;

(b) the extent to which the geographically disadvantaged State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States;

(c) the extent to which other geographically disadvantaged States and land-locked States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or a part of it;

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

4. When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing geographically disadvantaged States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 3 shall also be taken into account.

5. Developed geographically disadvantaged States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.

6. The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to geographically disadvantaged States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.

Article71

Non-applicability of articles 69 and 70

The provisions of articles 69 and 70 do not apply in the case of a coastal State whose economy is overwhelmingly dependent on the exploitation of the living resources of its exclusive economic zone.

Article72

Restrictions on transfer of rights

1. Rights provided under articles 69 and 70 to exploit living resources shall not be directly or indirectly transferred to third States or their nationals by lease or licence, by establishing joint ventures or in any other manner which has the effect of such transfer unless otherwise agreed by the States concerned.

2. The foregoing provision does not preclude the States concerned from obtaining technical or financial assistance from third States or international organizations in order to facilitate the exercise of the rights pursuant to articles 69 and 70, provided that it does not have the effect referred to in paragraph 1.

Article73

Enforcement of laws and regulations of the coastal State

1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention.

2. Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security.

3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment.

4. In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.

Article74

Delimitation of the exclusive economic zone

between States with opposite or adjacent coasts

1. The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.

2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV.

3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation.

4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the exclusive economic zone shall be determined in accordance with the provisions of that agreement.

Article75

Charts and lists of geographical coordinates

1. Subject to this Part, the outer limit lines of the exclusive economic zone and the lines of delimitation drawn in accordance with article 74 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation.

2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.


Under International Law Of Sea UNO Convention On The Law Of Sea 1982




Arbitration and Special Arbitration under International Law Of Sea UNO Convention On The Law Of Sea 1982

INTERNATIONAL LAW OF SEA FOR THE PURPOSE OF ARBITRATION

ANNEX VII.

ARBITRATION

Article 1

Institution of proceedings

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 2

List of arbitrators

l. A list of arbitrators shall 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 withdrawn by the State Party which made the nomination, provided that such arbitrator shall 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

For 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 Annex, 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 of the expiration of that period, request that the appointment be made in accordance with subparagraph (e).

(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 days 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 60-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 subparagraphs (a) to (f) shall apply to the maximum extent possible.

Article 4

Functions of arbitral tribunal

An arbitral tribunal constituted under article 3 of this Annex shall function in accordance with this Annex and the other provisions of this Convention.

Article 5

Procedure

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 of 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 information; 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. The 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 and 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

Award

The award of the arbitral tribunal shall be confined to the subject-matter of the dispute and state the reasons on which it is based. It shall 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.

Article 11

Finality of award

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 award

1. 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.


ANNEX VIII

SPECIAL ARBITRATION

Article 1

Institution of proceedings

Subject to Part 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 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

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 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 Intergovernmental 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 follows:

(a) Subject to subparagraph (g), the special arbitral tribunal shall consist of five members.

(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 1 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 l 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 of 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) Any 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.

Article 4

General provisions

Annex VII, articles 4 to 13, apply mutatis mutandis to the special arbitration proceedings in accordance with this Annex.

Article 5

Fact finding

1. 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 and by dumping, may at any time agree to request a special arbitral tribunal 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 with paragraph 1, 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 parties 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 agree.


SOURCE:United Nations Convention on the Law of the Sea of 10 December 1982




STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

Article 1

General provisions

  1. The International Tribunal for the Law of the Sea is constituted and shall function in accordance with the provisions of this Convention and this Statute.
  2. The seat of the Tribunal shall be in the Free and Hanseatic City of Hamburg in the Federal Republic of Germany.
  3. The Tribunal may sit and exercise its functions elsewhere whenever it considers this desirable.
  4. A reference of a dispute to the Tribunal shall be governed by the provisions of

Parts XI and XV.

 

SECTION 1. ORGANIZATION OF THE TRIBUNAL

Article 2

Composition

 

  1. The Tribunal shall be composed of a body of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.
  2. In the Tribunal as a whole the representation of the principal legal systems of the world and equitable geographical distribution shall be assured.

 

Article 3

Membership

 

  1. No two members of the Tribunal may be nationals of the same State. A person who for the purposes of membership in the Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights.
  2. There shall be no fewer than three members from each geographical group as established by the General Assembly of the United Nations.

 

Article 4

Nominations and elections

 

  1. Each State Party may nominate not more than two persons having the qualifications prescribed in article 2 of this Annex. The members of the Tribunal shall be elected from the list of persons thus nominated.

 

  1. At least three months before the date of the election, the Secretary-General of the United Nations in the case of the first election and the Registrar of the Tribunal in the case of subsequent elections shall address a written invitation to the States Parties to submit their nominations for members of the Tribunal within two months. He shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties before the seventh day of the last month before the date of each election.

 

  1. The first election shall be held within six months of the date of entry into force of this Convention.

 

  1. 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 terms of seven more members shall expire at the end of six years.

 

  1. The members of the Tribunal whose terms are to expire at the end of the

above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General of the United Nations immediately after the first election.

 

  1. 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.

 

  1. In the case of the resignation of a member of the Tribunal, the letter of resignation shall be addressed to the President of the Tribunal. The place becomes vacant on the receipt of that letter.

 

Article 6

Vacancies

 

  1. Vacancies shall be filled by the same method as that laid down for the first election, subject to the following provision: the Registrar shall, within one month of the occurrence of the vacancy, proceed to issue the invitations provided for in article 4 of this Annex, and the date of the election shall be fixed by the President of the Tribunal after consultation with the States Parties.

 

  1. A member of the Tribunal elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor’s term.

 

Article 7

Incompatible activities

 

  1. No member of the Tribunal may exercise any political or administrative function, or associate actively with or be financially interested in any of the operations of any enterprise concerned with the exploration for or exploitation of the resources of the sea or the seabed or other commercial use of the sea or the seabed.

 

  1. No member of the Tribunal may act as agent, counsel or advocate in any case.

 

  1. Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.

 

Article 8

Conditions relating to participation of members in a particular case

 

  1. No member of the Tribunal may participate in the decision of any case in which he has previously taken part as agent, counsel or advocate for one of the parties, or as a member of a national or international court or tribunal, or in any other capacity.

 

  1. If, for some special reason, a member of the Tribunal considers that he should not take part in the decision of a particular case, he shall so inform the President of the Tribunal.

 

  1. If the President considers that for some special reason one of the members of the Tribunal should not sit in a particular case, he shall give him notice accordingly.

 

  1. Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.

 

Article 9

Consequence of ceasing to fulfil required conditions

 

If, in the unanimous opinion of the other members of the Tribunal, a member has ceased to fulfil the required conditions, the President of the Tribunal shall declare the seat vacant.

 

Article 10

Privileges and immunities

 

The members of the Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic privileges and immunities.

 

Article 11

Solemn declaration by members

 

Every member of the Tribunal shall, before taking up his duties, make a solemn declaration in open session that he will exercise his powers impartially and conscientiously.

 

Article 12

President, Vice-President and Registrar

 

  1. The Tribunal shall elect its President and Vice-President for three years; they may be re-elected.
  2. The Tribunal shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.
  3. The President and the Registrar shall reside at the seat of the Tribunal.

 

Article 13

Quorum

 

  1. All available members of the Tribunal shall sit; a quorum of 11 elected members shall be required to constitute the Tribunal.

 

  1. Subject to article 17 of this Annex, the Tribunal shall determine which members are available to constitute the Tribunal for the consideration of a particular dispute, having regard to the effective functioning of the chambers as provided for in articles 14 and 15 of this Annex.

 

  1. All disputes and applications submitted to the Tribunal shall be heard and determined by the Tribunal, unless article 14 of this Annex applies, or the parties request that it shall be dealt with in accordance with article 15 of this Annex.

 

Article 14

Seabed Disputes Chamber

A Seabed Disputes Chamber shall be established in accordance with the provisions of section 4 of this Annex. Its jurisdiction, powers and functions shall be as provided for in Part XI, section 5.

 

Article 15

Special chambers

 

  1. The Tribunal may form such chambers, composed of three or more of its elected members, as it considers necessary for dealing with particular categories of disputes.

 

  1. The Tribunal shall form a chamber for dealing with a particular dispute submitted to it if the parties so request. The composition of such a chamber shall be determined by the Tribunal with the approval of the parties.

 

  1. 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.

 

  1. Disputes shall be heard and determined by the chambers provided for in this article if the parties so request.

 

  1. A judgment given by any of the chambers provided for in this article and in

article 14 of this Annex shall be considered as rendered by the Tribunal.

 

Article 16

Rules of the Tribunal

 

The Tribunal shall frame rules for carrying out its functions. In particular it shall lay down rules of procedure.

 

Article 17

Nationality of members

 

  1. Members of the Tribunal of the nationality of any of the parties to a dispute shall retain their right to participate as members of the Tribunal.

 

  1. If the Tribunal, when hearing a dispute, includes upon the bench a member of the nationality of one of the parties, any other party may choose a person to participate as a member of the Tribunal.

 

  1. 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.

 

  1. This article applies to the chambers referred to in articles 14 and 15 of this Annex. In such cases, the President, in consultation with the parties, shall request specified members of the Tribunal forming the chamber, as many as necessary, to give place to the members of the Tribunal of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the members specially chosen by the parties.

 

  1. 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.

 

  1. Members chosen in accordance with paragraphs 2, 3 and 4 shall fulfil the conditions required by articles 2, 8 and 11 of this Annex. They shall participate in the decision on terms of complete equality with their colleagues.

 

Article 18

Remuneration of members

 

  1. Each elected member of the Tribunal shall receive an annual allowance and, for each day on which he exercises his functions, a special allowance, provided that in any year the total sum payable to any member as special allowance shall not exceed the amount of the annual allowance.

 

  1. The President shall receive a special annual allowance.

 

  1. The Vice-President shall receive a special allowance for each day on which he acts as President.

 

  1. The members chosen under article 17 of this Annex, other than elected members of the Tribunal, shall receive compensation for each day on which they exercise their functions.

 

  1. The salaries, allowances and compensation shall be determined from time to time at meetings of the States Parties, taking into account the workload of the Tribunal. They may not be decreased during the term of office.

 

  1. The salary of the Registrar shall be determined at meetings of the States Parties, on the proposal of the Tribunal.

 

  1. 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.

 

  1. The salaries, allowances, and compensation shall be free of all taxation.

 

Article 19

Expenses of the Tribunal

 

  1. The expenses of the Tribunal shall be borne by the States Parties and by the Authority on such terms and in such a manner as shall be decided at meetings of the States Parties.
  2. When an entity other than a State Party or the Authority is a party to a case submitted to it, the Tribunal shall fix the amount which that party is to contribute towards the expenses of the Tribunal.

 

SECTION 2. COMPETENCE

 

Article 20

Access to the Tribunal

 

  1. The Tribunal shall be open to States Parties.
  2. The Tribunal shall be open to entities other than States Parties in any case expressly provided for in Part XI or in any case submitted pursuant to any other agreement conferring jurisdiction on the Tribunal which is accepted by all the parties to that case.

 

Article 21

Jurisdiction

 

The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with this Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.

 

Article 22

Reference of disputes subject to other agreements

 

If all the parties to a treaty or convention already in force and concerning the subject-matter covered by this Convention so agree, any disputes concerning the interpretation or application of such treaty or convention may, in accordance with such agreement, be submitted to the Tribunal.

 

Article 23

Applicable law

 

The Tribunal shall decide all disputes and applications in accordance with article 293.

 

SECTION 3. PROCEDURE

 

Article 24

Institution of proceedings

 

  1. Disputes are submitted to the Tribunal, as the case may be, either by notification of a special agreement or by written application, addressed to the Registrar. In either case, the subject of the dispute and the parties shall be indicated.
  2. The Registrar shall forthwith notify the special agreement or the application to all concerned.
  3. The Registrar shall also notify all States Parties.

 

Article 25

Provisional measures

 

  1. In accordance with article 290, the Tribunal and its Seabed Disputes Chamber shall have the power to prescribe provisional measures.
  2. If the Tribunal is not in session or a sufficient number of members is not available to constitute a quorum, the provisional measures shall be prescribed by the chamber of summary procedure formed under article 15, paragraph 3, of this Annex. Notwithstanding article 15, paragraph 4, of this 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

 

  1. The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President. If neither is able to preside, the senior judge present of the Tribunal shall preside.

 

  1. The hearing shall be public, unless the Tribunal decides otherwise or unless the parties demand that the public be not admitted.

 

Article 27

Conduct of case

 

The Tribunal shall make orders for the conduct of the case, decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence.

 

Article 28

Default

 

When one of the parties does not appear before the Tribunal or fails to defend its case, the other party may request the Tribunal to continue the proceedings and make its decision. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its decision, the Tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim is well founded in fact and law.

 

Article 29

Majority for decision

 

  1. All questions shall be decided by a majority of the members of the Tribunal who are

present.

  1. In the event of an equality of votes, the President or the member of the Tribunal who acts in his place shall have a casting vote.

 

Article 30

Judgment

 

  1. The judgment shall state the reasons on which it is based.

 

  1. It shall contain the names of the members of the Tribunal who have taken part in the decision.

 

  1. If the judgment does not represent in whole or in part the unanimous opinion of the members of the Tribunal, any member shall be entitled to deliver a separate opinion.

 

  1. The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the parties to the dispute.

 

Article 3l

Request to intervene

 

  1. Should a State Party consider that it has an interest of a legal nature which may be affected by the decision in any dispute, it may submit a request to the Tribunal to be permitted to intervene.
  2. It shall be for the Tribunal to decide upon this request.
  3. If a request to intervene is granted, the decision of the Tribunal in respect of the dispute shall be binding upon the intervening State Party in so far as it relates to matters in respect of which that State Party intervened.

 

Article 32

Right to intervene in cases of interpretation or application

 

  1. Whenever the interpretation or application of this Convention is in question, the Registrar shall notify all States Parties forthwith.

 

  1. Whenever pursuant to article 21 or 22 of this Annex the interpretation or application of an international agreement is in question, the Registrar shall notify all the parties to the agreement.

 

  1. Every party referred to in paragraphs 1 and 2 has the right to intervene in the proceedings; if it uses this right, the interpretation given by the judgment will be equally binding upon it.

 

Article 33

Finality and binding force of decisions

 

  1. The decision of the Tribunal is final and shall be complied with by all the parties to the dispute.
  2. The decision shall have no binding force except between the parties in respect of that particular dispute.
  3. In the event of dispute as to the meaning or scope of the decision, the Tribunal shall construe it upon the request of any party.

 

Article 34

Costs

 

Unless otherwise decided by the Tribunal, each party shall bear its own costs.

 

SECTION 4. SEABED DISPUTES CHAMBER

 

Article 35

Composition

 

  1. The Seabed Disputes Chamber referred to in article 14 of this Annex shall be composed of 11 members, selected by a majority of the elected members of the Tribunal from among them.
  2. In the selection of the members of the Chamber, the representation of the principal legal systems of the world and equitable geographical distribution shall be assured. The Assembly of the Authority may adopt recommendations of a general nature relating to such representation and distribution.
  3. The members of the Chamber shall be selected every three years and may be selected for a second term.
  4. The Chamber shall elect its President from among its members, who shall serve for the term for which the Chamber has been selected.
  5. If any proceedings are still pending at the end of any three-year period for which the Chamber has been selected, the Chamber shall complete the proceedings in its original composition.
  6. If a vacancy occurs in the Chamber, the Tribunal shall select a successor from among its elected members, who shall hold office for the remainder of his predecessor’s term.

 

  1. 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 Seabed Disputes Chamber shall form an ad hoc chamber, composed of three of its members, for dealing with a particular dispute submitted to it in accordance with article 188, paragraph 1(b). The composition of such a chamber shall be determined by the Seabed Disputes Chamber with the approval of the parties.

 

  1. If the parties do not agree on the composition of an ad hoc chamber, each party to the dispute shall appoint one member, and the third member shall be appointed by them in agreement. If they disagree, or if any party fails to make an appointment, the President of the Seabed Disputes Chamber shall promptly make the appointment or appointments from among its members, after consultation with the parties.
  2. Members of the ad hoc chamber must not be in the service of, or nationals of, any of the parties to the dispute.

 

Article 37

Access

 

The Chamber shall be open to the States Parties, the Authority and the other entities referred to in Part XI, section 5.

 

Article 38

Applicable law

 

In addition to the provisions of article 293, the Chamber shall apply:

(a) the rules, regulations and procedures of the Authority adopted in accordance with this Convention; 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

 

The 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 court of the State Party in whose territory the enforcement is sought.

 

Article 40

Applicability of other sections of this Annex

 

  1. 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 recognizes them to be applicable.

 

SECTION 5. AMENDMENTS

 

Article 4l

Amendments

 

  1. 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. Amendments to section 4 may be adopted only in accordance with article 314.
  3. The Tribunal may propose such amendments to this Statute as it may consider necessary, by written communications to the States Parties for their consideration in conformity with paragraphs 1 and 2.



The statute of The International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention.

STATUTE OF THE INTERNATIONAL TRIBUNAL

FOR THE LAW OF THE SEA

Article 1

General provisions

1. The International Tribunal for the Law of the Sea is constituted and shall function in accordance with the provisions of this Convention and this Statute.

2. The seat of the Tribunal shall be in the Free and Hanseatic City of Hamburg in the Federal Republic of Germany.

3. The Tribunal may sit and exercise its functions elsewhere whenever it considers this desirable.

4. A reference of a dispute to the Tribunal shall be governed by the provisions of Parts XI and XV.

SECTION 1. ORGANIZATION OF THE TRIBUNAL

Article 2

Composition

1. The Tribunal shall be composed of a body of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.

2. In the Tribunal as a whole the representation of the principal legal systems of the world and equitable geographical distribution shall be assured.

Article 3

Membership

1. No two members of the Tribunal may be nationals of the same State. A person who for the purposes of membership in the Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights.

2. There shall be no fewer than three members from each geographical group as established by the General Assembly of the United Nations.

Article 4

Nominations and elections

1. Each State Party may nominate not more than two persons having the qualifications prescribed in article 2 of this Annex. The members of the Tribunal shall be elected from the list of persons thus nominated.

2. At least three months before the date of the election, the Secretary-General of the United Nations in the case of the first election and the Registrar of the Tribunal in the case of subsequent elections shall address a written invitation to the States Parties to submit their nominations for members of the Tribunal within two months. He shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties before the seventh day of the last month before the date of each election.

3. The first election shall be held within six months of the date of entry into force of this Convention.

4. The members of the Tribunal shall be elected by secret ballot. Elections shall be held at a meeting of the States Parties convened by the Secretary-General of the United Nations in the case of the first election and by a procedure agreed to by the States Parties in the case of subsequent elections. Two thirds of the States Parties shall constitute a quorum at that meeting. The persons elected to the Tribunal shall be those nominees who obtain the largest number of votes and a two-thirds majority of the States Parties present and voting, provided that such majority includes a majority of the States Parties.

Article 5

Term of office

1. The members of the Tribunal shall be elected for nine years and may be re-elected; provided, however, that of the members elected at the first election, the terms of seven members shall expire at the end of three years and the terms of seven more members shall expire at the end of six years.

2. The members of the Tribunal whose terms are to expire at the end of the above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General of the United Nations immediately after the first election.

3. The members of the Tribunal shall continue to discharge their duties until their places have been filled. Though replaced, they shall finish any proceedings which they may have begun before the date of their replacement.

4. In the case of the resignation of a member of the Tribunal, the letter of resignation shall be addressed to the President of the Tribunal. The place becomes vacant on the receipt of that letter.

Article 6

Vacancies

1. Vacancies shall be filled by the same method as that laid down for the first election, subject to the following provision: the Registrar shall, within one month of the occurrence of the vacancy, proceed to issue the invitations provided for in article 4 of this Annex, and the date of the election shall be fixed by the President of the Tribunal after consultation with the States Parties.

2. A member of the Tribunal elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor’s term.

Article 7

Incompatible activities

1. No member of the Tribunal may exercise any political or administrative function, or associate actively with or be financially interested in any of the operations of any enterprise concerned with the exploration for or exploitation of the resources of the sea or the seabed or other commercial use of the sea or the seabed.

2. No member of the Tribunal may act as agent, counsel or advocate in any case.

3. Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.

Article 8

Conditions relating to participation of members in a particular case

1. No member of the Tribunal may participate in the decision of any case in which he has previously taken part as agent, counsel or advocate for one of the parties, or as a member of a national or international court or tribunal, or in any other capacity.

2. If, for some special reason, a member of the Tribunal considers that he should not take part in the decision of a particular case, he shall so inform the President of the Tribunal.

3. If the President considers that for some special reason one of the members of the Tribunal should not sit in a particular case, he shall give him notice accordingly.

4. Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.

Article 9

Consequence of ceasing to fulfil required conditions

If, in the unanimous opinion of the other members of the Tribunal, a member has ceased to fulfil the required conditions, the President of the Tribunal shall declare the seat vacant.

Article 10

Privileges and immunities

The members of the Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic privileges and immunities.

Article 11

Solemn declaration by members

Every member of the Tribunal shall, before taking up his duties, make a solemn declaration in open session that he will exercise his powers impartially and conscientiously.

Article 12

President, Vice-President and Registrar

1. The Tribunal shall elect its President and Vice-President for three years; they may be re-elected.

2. The Tribunal shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.

3. The President and the Registrar shall reside at the seat of the Tribunal.

Article 13

Quorum

1. All available members of the Tribunal shall sit; a quorum of 11 elected members shall be required to constitute the Tribunal.

2. Subject to article 17 of this Annex, the Tribunal shall determine which members are available to constitute the Tribunal for the consideration of a particular dispute, having regard to the effective functioning of the chambers as provided for in articles 14 and 15 of this Annex.

3. All disputes and applications submitted to the Tribunal shall be heard and determined by the Tribunal, unless article 14 of this Annex applies, or the parties request that it shall be dealt with in accordance with article 15 of this Annex.

Article 14

Seabed Disputes Chamber

A Seabed Disputes Chamber shall be established in accordance with the provisions of section 4 of this Annex. Its jurisdiction, powers and functions shall be as provided for in Part XI, section 5.

Article 15

Special chambers

1. The Tribunal may form such chambers, composed of three or more of its elected members, as it considers necessary for dealing with particular categories of disputes.

2. The Tribunal shall form a chamber for dealing with a particular dispute submitted to it if the parties so request. The composition of such a chamber shall be determined by the Tribunal with the approval of the parties.

3. With a view to the speedy dispatch of business, the Tribunal shall form annually a chamber composed of five of its elected members which may hear and determine disputes by summary procedure. Two alternative members shall be selected for the purpose of replacing members who are unable to participate in a particular proceeding.

4. Disputes shall be heard and determined by the chambers provided for in this article if the parties so request.

5. A judgment given by any of the chambers provided for in this article and in article 14 of this Annex shall be considered as rendered by the Tribunal.

Article 16

Rules of the Tribunal

The Tribunal shall frame rules for carrying out its functions. In particular it shall lay down rules of procedure.

Article 17

Nationality of members

1. Members of the Tribunal of the nationality of any of the parties to a dispute shall retain their right to participate as members of the Tribunal.

2. If the Tribunal, when hearing a dispute, includes upon the bench a member of the nationality of one of the parties, any other party may choose a person to participate as a member of the Tribunal.

3. If the Tribunal, when hearing a dispute, does not include upon the bench a member of the nationality of the parties, each of those parties may choose a person to participate as a member of the Tribunal.

4. This article applies to the chambers referred to in articles 14 and 15 of this Annex. In such cases, the President, in consultation with the parties, shall request specified members of the Tribunal forming the chamber, as many as necessary, to give place to the members of the Tribunal of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the members specially chosen by the parties.

5. Should there be several parties in the same interest, they shall, for the purpose of the preceding provisions, be considered as one party only. Any doubt on this point shall be settled by the decision of the Tribunal.

6. Members chosen in accordance with paragraphs 2, 3 and 4 shall fulfil the conditions required by articles 2, 8 and 11 of this Annex. They shall participate in the decision on terms of complete equality with their colleagues.

Article 18

Remuneration of members

1. Each elected member of the Tribunal shall receive an annual allowance and, for each day on which he exercises his functions, a special allowance, provided that in any year the total sum payable to any member as special allowance shall not exceed the amount of the annual allowance.

2. The President shall receive a special annual allowance.

3. The Vice-President shall receive a special allowance for each day on which he acts as President.

4. The members chosen under article 17 of this Annex, other than elected members of the Tribunal, shall receive compensation for each day on which they exercise their functions.

5. The salaries, allowances and compensation shall be determined from time to time at meetings of the States Parties, taking into account the workload of the Tribunal. They may not be decreased during the term of office.

6. The salary of the Registrar shall be determined at meetings of the States Parties, on the proposal of the Tribunal.

7. Regulations adopted at meetings of the States Parties shall determine the conditions under which retirement pensions may be given to members of the Tribunal and to the Registrar, and the conditions under which members of the Tribunal and Registrar shall have their travelling expenses refunded.

8. The salaries, allowances, and compensation shall be free of all taxation.

Article 19

Expenses of the Tribunal

1. The expenses of the Tribunal shall be borne by the States Parties and by the Authority on such terms and in such a manner as shall be decided at meetings of the States Parties.

2. When an entity other than a State Party or the Authority is a party to a case submitted to it, the Tribunal shall fix the amount which that party is to contribute towards the expenses of the Tribunal.

SECTION 2. COMPETENCE

Article 20

Access to the Tribunal

1. The Tribunal shall be open to States Parties.

2. The Tribunal shall be open to entities other than States Parties in any case expressly provided for in Part XI or in any case submitted pursuant to any other agreement conferring jurisdiction on the Tribunal which is accepted by all the parties to that case.

Article 21

Jurisdiction

The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with this Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.

Article 22

Reference of disputes subject to other agreements

If all the parties to a treaty or convention already in force and concerning the subject-matter covered by this Convention so agree, any disputes concerning the interpretation or application of such treaty or convention may, in accordance with such agreement, be submitted to the Tribunal.

Article 23

Applicable law

The Tribunal shall decide all disputes and applications in accordance with article 293.

SECTION 3. PROCEDURE

Article 24

Institution of proceedings

1. Disputes are submitted to the Tribunal, as the case may be, either by notification of a special agreement or by written application, addressed to the Registrar. In either case, the subject of the dispute and the parties shall be indicated.

2. The Registrar shall forthwith notify the special agreement or the application to all concerned.

3. The Registrar shall also notify all States Parties.

Article 25

Provisional measures

1. In accordance with article 290, the Tribunal and its Seabed Disputes Chamber shall have the power to prescribe provisional measures.

2. If the Tribunal is not in session or a sufficient number of members is not available to constitute a quorum, the provisional measures shall be prescribed by the chamber of summary procedure formed under article 15, paragraph 3, of this Annex. Notwithstanding article 15, paragraph 4, of this 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

1. The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President. If neither is able to preside, the senior judge present of the Tribunal shall preside.

2. The hearing shall be public, unless the Tribunal decides otherwise or unless the parties demand that the public be not admitted.

Article 27

Conduct of case

The Tribunal shall make orders for the conduct of the case, decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence.

Article 28

Default

When one of the parties does not appear before the Tribunal or fails to defend its case, the other party may request the Tribunal to continue the proceedings and make its decision. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its decision, the Tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim is well founded in fact and law.

Article 29

Majority for decision

1. All questions shall be decided by a majority of the members of the Tribunal who are present.

2. In the event of an equality of votes, the President or the member of the Tribunal who acts in his place shall have a casting vote.

Article 30

Judgment

1. The judgment shall state the reasons on which it is based.

2. It shall contain the names of the members of the Tribunal who have taken part in the decision.

3. If the judgment does not represent in whole or in part the unanimous opinion of the members of the Tribunal, any member shall be entitled to deliver a separate opinion.

4. The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the parties to the dispute.

Article 3l

Request to intervene

1. Should a State Party consider that it has an interest of a legal nature which may be affected by the decision in any dispute, it may submit a request to the Tribunal to be permitted to intervene.

2. It shall be for the Tribunal to decide upon this request.

3. If a request to intervene is granted, the decision of the Tribunal in respect of the dispute shall be binding upon the intervening State Party in so far as it relates to matters in respect of which that State Party intervened.

Article 32

Right to intervene in cases of interpretation or application

1. Whenever the interpretation or application of this Convention is in question, the Registrar shall notify all States Parties forthwith.

2. Whenever pursuant to article 21 or 22 of this Annex the interpretation or application of an international agreement is in question, the Registrar shall notify all the parties to the agreement.

3. Every party referred to in paragraphs 1 and 2 has the right to intervene in the proceedings; if it uses this right, the interpretation given by the judgment will be equally binding upon it.

Article 33

Finality and binding force of decisions

1. The decision of the Tribunal is final and shall be complied with by all the parties to the dispute.

2. The decision shall have no binding force except between the parties in respect of that particular dispute.

3. In the event of dispute as to the meaning or scope of the decision, the Tribunal shall construe it upon the request of any party.

Article 34

Costs

Unless otherwise decided by the Tribunal, each party shall bear its own costs.

SECTION 4. SEABED DISPUTES CHAMBER

Article 35

Composition

1. The Seabed Disputes Chamber referred to in article 14 of this Annex shall be composed of 11 members, selected by a majority of the elected members of the Tribunal from among them.

2. In the selection of the members of the Chamber, the representation of the principal legal systems of the world and equitable geographical distribution shall be assured. The Assembly of the Authority may adopt recommendations of a general nature relating to such representation and distribution.

3. The members of the Chamber shall be selected every three years and may be selected for a second term.

4. The Chamber shall elect its President from among its members, who shall serve for the term for which the Chamber has been selected.

5. If any proceedings are still pending at the end of any three-year period for which the Chamber has been selected, the Chamber shall complete the proceedings in its original composition.

6. If a vacancy occurs in the Chamber, the Tribunal shall select a successor from among its elected members, who shall hold office for the remainder of his predecessor’s term.

7. A quorum of seven of the members selected by the Tribunal shall be required to constitute the Chamber.

Article 36

Ad hoc chambers

1. The Seabed Disputes Chamber shall form an ad hoc chamber, composed of three of its members, for dealing with a particular dispute submitted to it in accordance with article 188, paragraph 1(b). The composition of such a chamber shall be determined by the Seabed Disputes Chamber with the approval of the parties.

2. If the parties do not agree on the composition of an ad hoc chamber, each party to the dispute shall appoint one member, and the third member shall be appointed by them in agreement. If they disagree, or if any party fails to make an appointment, the President of the Seabed Disputes Chamber shall promptly make the appointment or appointments from among its members, after consultation with the parties.

3. Members of the ad hoc chamber must not be in the service of, or nationals of, any of the parties to the dispute.

Article 37

Access

The Chamber shall be open to the States Parties, the Authority and the other entities referred to in Part XI, section 5.

Article 38

Applicable law

In addition to the provisions of article 293, the Chamber shall apply:

(a) the rules, regulations and procedures of the Authority adopted in accordance with this Convention; 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

The 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 court of the State Party in whose territory the enforcement is sought.

Article 40

Applicability of other sections of this Annex

1. 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 recognizes them to be applicable.

SECTION 5. AMENDMENTS

Article 4l

Amendments

1. 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. Amendments to section 4 may be adopted only in accordance with article 314.

3. The Tribunal may propose such amendments to this Statute as it may consider necessary, by written communications to the States Parties for their consideration in conformity with paragraphs 1 and 2.




EXCLUSIVE ECONOMIC ZONE

PART V

Article55

Specific legal regime of the exclusive economic zone

The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.

Article56

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

1. In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:

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

(ii) marine scientific research;

(iii) the protection and preservation of the marine environment;

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

2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.

3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.

Article57

Breadth of the exclusive economic zone

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Article58

Rights and duties of other States in the exclusive economic zone

1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.

2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.

3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.

Article59

Basis for the resolution of conflicts

regarding the attribution of rights and jurisdiction

in the exclusive economic zone

In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole.

Article60

Artificial islands, installations and structures

in the exclusive economic zone

1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:

(a) artificial islands;

(b) installations and structures for the purposes provided for in article 56 and other economic purposes;

(c) installations and structures which may interfere with the exercise of the rights of the coastal State in the zone.

2. The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.

3. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.

4. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures.

5. The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around them, measured from each point of their outer edge, except as authorized by generally accepted international standards or as recommended by the competent international organization. Due notice shall be given of the extent of safety zones.

6. All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.

7. Artificial islands, installations and structures and the safety zones around them may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation.

8. Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.

Article61

Conservation of the living resources

1. The coastal State shall determine the allowable catch of the living resources in its exclusive economic zone.

2. The coastal State, taking into account the best scientific evidence available to it, shall ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations, whether subregional, regional or global, shall cooperate to this end.

3. Such measures shall also be designed to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the economic needs of coastal fishing communities and the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global.

4. In taking such measures the coastal State shall take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened.

5. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned, including States whose nationals are allowed to fish in the exclusive economic zone.

Article62

Utilization of the living resources

1. The coastal State shall promote the objective of optimum utilization of the living resources in the exclusive economic zone without prejudice to article 61.

2. The coastal State shall determine its capacity to harvest the living resources of the exclusive economic zone. Where the coastal State does not have the capacity to harvest the entire allowable catch, it shall, through agreements or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in paragraph 4, give other States access to the surplus of the allowable catch, having particular regard to the provisions of articles 69 and 70, especially in relation to the developing States mentioned therein.

3. In giving access to other States to its exclusive economic zone under this article, the coastal State shall take into account all relevant factors, including, inter alia, the significance of the living resources of the area to the economy of the coastal State concerned and its other national interests, the provisions of articles 69 and 70, the requirements of developing States in the subregion or region in harvesting part of the surplus and the need to minimize economic dislocation in States whose nationals have habitually fished in the zone or which have made substantial efforts in research and identification of stocks.

4. Nationals of other States fishing in the exclusive economic zone shall comply with the conservation measures and with the other terms and conditions established in the laws and regulations of the coastal State. These laws and regulations shall be consistent with this Convention and may relate, inter alia, to the following:

(a) licensing of fishermen, fishing vessels and equipment, including payment of fees and other forms of remuneration, which, in the case of developing coastal States, may consist of adequate compensation in the field of financing, equipment and technology relating to the fishing industry;

(b) determining the species which may be caught, and fixing quotas of catch, whether in relation to particular stocks or groups of stocks or catch per vessel over a period of time or to the catch by nationals of any State during a specified period;

(c) regulating seasons and areas of fishing, the types, sizes and amount of gear, and the types, sizes and number of fishing vessels that may be used;

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

(e) specifying information required of fishing vessels, including catch and effort statistics and vessel position reports;

(f) requiring, under the authorization and control of the coastal State, the conduct of specified fisheries research programmes and regulating the conduct of such research, including the sampling of catches, disposition of samples and reporting of associated scientific data;

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

(h) the landing of all or any part of the catch by such vessels in the ports of the coastal State;

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

(j) requirements for the training of personnel and the transfer of fisheries technology, including enhancement of the coastal State’s capability of undertaking fisheries research;

(k) enforcement procedures.

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

Article63

Stocks occurring within the exclusive economic zones of

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

and in an area beyond and adjacent to it

1. Where the same stock or stocks of associated species occur within the exclusive economic zones of two or more coastal States, these States shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks without prejudice to the other provisions of this Part.

2. Where the same stock or stocks of associated species occur both within the exclusive economic zone and in an area beyond and adjacent to the zone, the coastal State and the States fishing for such stocks in the adjacent area shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary for the conservation of these stocks in the adjacent area.

Article64

Highly migratory species

1. The coastal State and other States whose nationals fish in the region for the highly migratory species listed in Annex I shall cooperate directly or through appropriate international organizations with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout the region, both within and beyond the exclusive economic zone. In regions for which no appropriate international organization exists, the coastal State and other States whose nationals harvest these species in the region shall cooperate to establish such an organization and participate in its work.

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

Article65

Marine mammals

Nothing in this Part restricts the right of a coastal State or the competence of an international organization, as appropriate, to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in this Part. States shall cooperate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organizations for their conservation, management and study.

Article66

Anadromous stocks

1. States in whose rivers anadromous stocks originate shall have the primary interest in and responsibility for such stocks.

2. The State of origin of anadromous stocks shall ensure their conservation by the establishment of appropriate regulatory measures for fishing in all waters landward of the outer limits of its exclusive economic zone and for fishing provided for in paragraph 3(b). The State of origin may, after consultations with the other States referred to in paragraphs 3 and 4 fishing these stocks, establish total allowable catches for stocks originating in its rivers.

3. (a) Fisheries for anadromous stocks shall be conducted only in waters landward of the outer limits of exclusive economic zones, except in cases where this provision would result in economic dislocation for a State other than the State of origin. With respect to such fishing beyond the outer limits of the exclusive economic zone, States concerned shall maintain consultations with a view to achieving agreement on terms and conditions of such fishing giving due regard to the conservation requirements and the needs of the State of origin in respect of these stocks.

(b) The State of origin shall cooperate in minimizing economic dislocation in such other States fishing these stocks, taking into account the normal catch and the mode of operations of such States, and all the areas in which such fishing has occurred.

(c) States referred to in subparagraph (b), participating by agreement with the State of origin in measures to renew anadromous stocks, particularly by expenditures for that purpose, shall be given special consideration by the State of origin in the harvesting of stocks originating in its rivers.

(d) Enforcement of regulations regarding anadromous stocks beyond the exclusive economic zone shall be by agreement between the State of origin and the other States concerned.

4. In cases where anadromous stocks migrate into or through the waters landward of the outer limits of the exclusive economic zone of a State other than the State of origin, such State shall cooperate with the State of origin with regard to the conservation and management of such stocks.

5. The State of origin of anadromous stocks and other States fishing these stocks shall make arrangements for the implementation of the provisions of this article, where appropriate, through regional organizations.

Article67

Catadromous species

1. A coastal State in whose waters catadromous species spend the greater part of their life cycle shall have responsibility for the management of these species and shall ensure the ingress and egress of migrating fish.

2. Harvesting of catadromous species shall be conducted only in waters landward of the outer limits of exclusive economic zones. When conducted in exclusive economic zones, harvesting shall be subject to this article and the other provisions of this Convention concerning fishing in these zones.

3. In cases where catadromous fish migrate through the exclusive economic zone of another State, whether as juvenile or maturing fish, the management, including harvesting, of such fish shall be regulated by agreement between the State mentioned in paragraph 1 and the other State concerned. Such agreement shall ensure the rational management of the species and take into account the responsibilities of the State mentioned in paragraph 1 for the maintenance of these species.

Article68

Sedentary species

This Part does not apply to sedentary species as defined in article 77, paragraph 4.

Article69

Right of land-locked States

1. Land-locked States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62.

2. The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia:

(a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;

(b) the extent to which the land-locked State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States;

(c) the extent to which other land-locked States and geographically disadvantaged States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or a part of it;

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

3. When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing land-locked States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 2 shall also be taken into account.

4. Developed land-locked States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.

5. The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to land-locked States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.

Article70

Right of geographically disadvantaged States

1. Geographically disadvantaged States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62.

2. For the purposes of this Part, “geographically disadvantaged States” means coastal States, including States bordering enclosed or semi-enclosed seas, whose geographical situation makes them dependent upon the exploitation of the living resources of the exclusive economic zones of other States in the subregion or region for adequate supplies of fish for the nutritional purposes of their populations or parts thereof, and coastal States which can claim no exclusive economic zones of their own.

3. The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia:

(a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;

(b) the extent to which the geographically disadvantaged State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States;

(c) the extent to which other geographically disadvantaged States and land-locked States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or a part of it;

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

4. When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing geographically disadvantaged States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 3 shall also be taken into account.

5. Developed geographically disadvantaged States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.

6. The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to geographically disadvantaged States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.

Article71

Non-applicability of articles 69 and 70

The provisions of articles 69 and 70 do not apply in the case of a coastal State whose economy is overwhelmingly dependent on the exploitation of the living resources of its exclusive economic zone.

Article72

Restrictions on transfer of rights

1. Rights provided under articles 69 and 70 to exploit living resources shall not be directly or indirectly transferred to third States or their nationals by lease or licence, by establishing joint ventures or in any other manner which has the effect of such transfer unless otherwise agreed by the States concerned.

2. The foregoing provision does not preclude the States concerned from obtaining technical or financial assistance from third States or international organizations in order to facilitate the exercise of the rights pursuant to articles 69 and 70, provided that it does not have the effect referred to in paragraph 1.

Article73

Enforcement of laws and regulations of the coastal State

1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention.

2. Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security.

3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment.

4. In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.

Article74

Delimitation of the exclusive economic zone

between States with opposite or adjacent coasts

1. The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.

2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV.

3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation.

4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the exclusive economic zone shall be determined in accordance with the provisions of that agreement.

Article75

Charts and lists of geographical coordinates

1. Subject to this Part, the outer limit lines of the exclusive economic zone and the lines of delimitation drawn in accordance with article 74 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation.

2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.


Go back: United Nations Convention on the Law of the Sea of 10 December 1982




United Nations Convention on Law of the Sea of 10 December 1982

Law of the sea

PREAMBLE

The States Parties to this Convention,

Prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all peoples of the world,

Noting that developments since the United Nations Conferences on the Law of the Sea held at Geneva in 1958 and 1960 have accentuated the need for a new and generally acceptable Convention on the law of the sea,

Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole,

Recognizing the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment,

Bearing in mind that the achievement of these goals will contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked,

Desiring by this Convention to develop the principles embodied in resolution 2749 (XXV) of 17 December 1970 in which the General Assembly of the United Nations solemnly declared inter alia that the area of the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its resources, are the common heritage of mankind, the exploration and exploitation of which shall be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States,

Believing that the codification and progressive development of the law of the sea achieved in this Convention will contribute to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, in accordance with the Purposes and Principles of the United Nations as set forth in the Charter,

Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,

Have agreed as follows:

CONTENTS

PREAMBLE

PART I. INTRODUCTION

Article 1. Use of terms and scope
PART II. TERRITORIAL SEA AND CONTIGUOUS ZONE

SECTION 1. GENERAL PROVISIONS

Article 2. Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil

SECTION 2. LIMITS OF THE TERRITORIAL SEA

Article 3. Breadth of the territorial sea
Article 4. Outer limit of the territorial sea
Article 5. Normal baseline
Article 6. Reefs
Article 7. Straight baselines
Article 8. Internal waters
Article 9. Mouths of rivers
Article 10. Bays
Article 11. Ports
Article 12. Roadsteads
Article 13. Low-tide elevations
Article 14. Combination of methods for determining baselines
Article 15. Delimitation of the territorial sea between States with opposite or adjacent coasts
Article 16. Charts and lists of geographical coordinates

SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA

SUBSECTION A. RULES APPLICABLE TO ALL SHIPS

Article 17. Right of innocent passage
Article 18. Meaning of passage
Article 19. Meaning of innocent passage
Article 20. Submarines and other underwater vehicles
Article 21. Laws and regulations of the coastal State relating to innocent passage
Article 22. Sea lanes and traffic separation schemes in the territorial sea
Article 23. Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances
Article 24. Duties of the coastal State
Article 25. Rights of protection of the coastal State
Article 26. Charges which may be levied upon foreign ships

SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSES

Article 27. Criminal jurisdiction on board a foreign ship
Article 28. Civil jurisdiction in relation to foreign ships

SUBSECTION C. RULES APPLICABLE TO WARSHIPS AND OTHER GOVERNMENT SHIPS OPERATED FOR NON-COMMERCIAL PURPOSES

Article 29. Definition of warships
Article 30. Non-compliance by warships with the laws and regulations of the coastal State
Article 31. Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes
Article 32. Immunities of warships and other government ships operated for non-commercial purposes

SECTION 4. CONTIGUOUS ZONE

Article 33. Contiguous zone

PART III. STRAITS USED FOR INTERNATIONAL NAVIGATION

SECTION 1. GENERAL PROVISIONS

Article 34. Legal status of waters forming straits used for international navigation
Article 35. Scope of this Part
Article 36. High seas routes or routes through exclusive economic zones through straits used for international navigation
SECTION 2. TRANSIT PASSAGE

Article 37. Scope of this section
Article 38. Right of transit passage
Article 39. Duties of ships and aircraft during transit passage
Article 40. Research and survey activities
Article 41. Sea lanes and traffic separation schemes in straits used for international navigation
Article 42. Laws and regulations of States bordering straits relating to transit passage
Article 43. Navigational and safety aids and other improvements and the prevention, reduction and control of pollution
Article 44. Duties of States bordering straits

SECTION 3. INNOCENT PASSAGE

Article 45. Innocent passage

PART IV. ARCHIPELAGIC STATES

Article 46. Use of terms
Article 47. Archipelagic baselines
Article 48. Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf
Article 49. Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil
Article 50. Delimitation of internal waters
Article 51. Existing agreements, traditional fishing rights and existing submarine cables
Article 52. Right of innocent passage
Article 53. Right of archipelagic sea lanes passage
Article 54. Duties of ships and aircraft during their passage, research and survey activities, duties of the archipelagic State and laws and regulations of the archipelagic State relating to archipelagic sea lanes passage

PART V. EXCLUSIVE ECONOMIC ZONE

Article 55. Specific legal regime of the exclusive economic zone
Article 56. Rights, jurisdiction and duties of the coastal State in the exclusive economic zone
Article 57. Breadth of the exclusive economic zone
Article 58. Rights and duties of other States in the exclusive economic zone
Article 59. Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction in the exclusive economic zone
Article 60. Artificial islands, installations and structures in the exclusive economic zone
Article 61. Conservation of the living resources
Article 62. Utilization of the living resources
Article 63. Stocks occurring within the exclusive economic zones of two or more coastal States or both within the exclusive economic zone and in an area beyond and adjacent to it
Article 64. Highly migratory species
Article 65. Marine mammals
Article 66. Anadromous stocks
Article 67. Catadromous species
Article 68. Sedentary species
Article 69. Right of land-locked States
Article 70. Right of geographically disadvantaged States
Article 71. Non-applicability of articles 69 and 70
Article 72. Restrictions on transfer of rights
Article 73. Enforcement of laws and regulations of the coastal State
Article 74. Delimitation of the exclusive economic zone between States with opposite or adjacent coasts
Article 75. Charts and lists of geographical coordinates

PART VI. CONTINENTAL SHELF

Article 76. Definition of the continental shelf
Article 77. Rights of the coastal State over the continental shelf.
Article 78. Legal status of the superjacent waters and air space and the rights and freedoms of other States
Article 79. Submarine cables and pipelines on the continental shelf
Article 80. Artificial islands, installations and structures on the continental shelf
Article 81. Drilling on the continental shelf
Article 82. Payments and contributions with respect to the exploitation of the continental shelf beyond 200 nautical miles
Article 83. Delimitation of the continental shelf between States with opposite or adjacent coasts
Article 84. Charts and lists of geographical coordinates
Article 85. Tunnelling

PART VII. HIGH SEAS

SECTION 1. GENERAL PROVISIONS

Article 86. Application of the provisions of this Part
Article 87. Freedom of the high seas
Article 88. Reservation of the high seas for peaceful
purposes
Article 89. Invalidity of claims of sovereignty over the high seas
Article 90. Right of navigation
Article 91. Nationality of ships
Article 92. Status of ships
Article 93. Ships flying the flag of the United Nations, its specialized agencies and the International Atomic Energy Agency
Article 94. Duties of the flag State
Article 95. Immunity of warships on the high seas
Article 96. Immunity of ships used only on government non-commercial service
Article 97. Penal jurisdiction in matters of collision or any other incident of navigation
Article 98. Duty to render assistance
Article 99. Prohibition of the transport of slaves
Article 100. Duty to cooperate in the repression of piracy
Article 101. Definition of piracy
Article 102. Piracy by a warship, government ship or government aircraft whose crew has mutinied
Article 103. Definition of a pirate ship or aircraft
Article 104. Retention or loss of the nationality of a pirate ship or aircraft
Article 105. Seizure of a pirate ship or aircraft
Article 106. Liability for seizure without adequate grounds
Article 107. Ships and aircraft which are entitled to seize on account of piracy
Article 108. Illicit traffic in narcotic drugs or psychotropic substances
Article 109. Unauthorized broadcasting from the high seas
Article 110. Right of visit
Article 111. Right of hot pursuit
Article 112. Right to lay submarine cables and pipelines
Article 113. Breaking or injury of a submarine cable or pipeline
Article 114. Breaking or injury by owners of a submarine cable or pipeline of another submarine cable or pipeline
Article 115. Indemnity for loss incurred in avoiding injury to a submarine cable or pipeline

SECTION 2. CONSERVATION AND MANAGEMENT OF THE LIVING RESOURCES OF THE HIGH SEAS

Article 116. Right to fish on the high seas
Article 117. Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas
Article 118. Cooperation of States in the conservation and management of living resources
Article 119. Conservation of the living resources of the high seas
Article 120. Marine mammals

PART VIII. REGIME OF ISLANDS

Article 121. Regime of islands
PART IX. ENCLOSED OR SEMI-ENCLOSED SEAS

Article 122. Definition
Article 123. Cooperation of States bordering enclosed or semi-enclosed seas

PART X. RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND FREEDOM OF TRANSIT

Article 124. Use of terms
Article 125. Right of access to and from the sea and freedom of transit
Article 126. Exclusion of application of the most-favoured-nation clause
Article 127. Customs duties, taxes and other charges
Article 128. Free zones and other customs facilities
Article 129. Cooperation in the construction and improvement of means of transport
Article 130. Measures to avoid or eliminate delays or other difficulties of a technical nature in traffic in transit
Article 131. Equal treatment in maritime ports
Article 132. Grant of greater transit facilities

PART XI. THE AREA

SECTION l. GENERAL PROVISIONS

Article 133. Use of terms
Article 134. Scope of this Part
Article 135. Legal status of the superjacent waters and air space

SECTION 2. PRINCIPLES GOVERNING THE AREA

Article 136. Common heritage of mankind
Article 137. Legal status of the Area and its resources
Article 138. General conduct of States in relation to the Area
Article 139. Responsibility to ensure compliance and liability for damage
Article 140. Benefit of mankind
Article 141. Use of the Area exclusively for peaceful purposes
Article 142. Rights and legitimate interests of coastal States
Article 143. Marine scientific research
Article 144. Transfer of technology
Article 145. Protection of the marine environment
Article 146. Protection of human life
Article 147. Accommodation of activities in the Area and in the marine environment
Article 148. Participation of developing States in activities in the Area
Article 149. Archaeological and historical objects

SECTION 3. DEVELOPMENT OF RESOURCES OF THE AREA

Article 150. Policies relating to activities in the Area
Article 151. Production policies
Article 152. Exercise of powers and functions by the Authority
Article 153. System of exploration and exploitation
Article 154. Periodic review
Article 155. The Review Conference

SECTION 4. THE AUTHORITY

SUBSECTION A. GENERAL PROVISIONS

Article 156. Establishment of the Authority
Article 157. Nature and fundamental principles of the Authority
Article 158. Organs of the Authority

SUBSECTION B. THE ASSEMBLY

Article 159. Composition, procedure and voting
Article 160. Powers and functions

SUBSECTION C. THE COUNCIL

Article 161. Composition, procedure and voting
Article 162. Powers and functions
Article 163. Organs of the Council
Article 164. The Economic Planning Commission
Article 165. The Legal and Technical Commission

SUBSECTION D. THE SECRETARIAT

Article 166. The Secretariat
Article 167. The staff of the Authority
Article 168. International character of the Secretariat
Article 169. Consultation and cooperation with international and non-governmental organizations

SUBSECTION E. THE ENTERPRISE

Article 170. The Enterprise

SUBSECTION F. FINANCIAL ARRANGEMENTS OF THE AUTHORITY

Article 171. Funds of the Authority
Article 172. Annual budget of the Authority
Article 173. Expenses of the Authority
Article 174. Borrowing power of the Authority
Article 175. Annual audit

SUBSECTION G. LEGAL STATUS, PRIVILEGES AND IMMUNITIES

Article 176. Legal status
Article 177. Privileges and immunities
Article 178. Immunity from legal process
Article 179. Immunity from search and any form of seizure
Article 180. Exemption from restrictions, regulations, controls and moratoria
Article 181. Archives and official communications of the Authority
Article 182. Privileges and immunities of certain persons connected with the Authority
Article 183. Exemption from taxes and customs duties

SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS AND PRIVILEGES OF MEMBERS

Article 184. Suspension of the exercise of voting rights
Article 185. Suspension of exercise of rights and privileges of membership

SECTION 5. SETTLEMENT OF DISPUTES AND ADVISORY OPINIONS

Article 186. Seabed Disputes Chamber of the International Tribunal for the Law of the Sea
Article 187. Jurisdiction of the Seabed Disputes Chamber
Article 188. Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Seabed Disputes Chamber or to binding commercial arbitration
Article 189. Limitation on jurisdiction with regard to decisions of the Authority
Article 190. Participation and appearance of sponsoring States Parties in proceedings
Article 191. Advisory opinions

PART XII. PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

SECTION 1. GENERAL PROVISIONS

Article 192. General obligation
Article 193. Sovereign right of States to exploit their natural resources
Article 194. Measures to prevent, reduce and control pollution of the marine environment
Article 195. Duty not to transfer damage or hazards or transform one type of pollution into another
Article 196. Use of technologies or introduction of alien or new species

SECTION 2. GLOBAL AND REGIONAL COOPERATION

Article 197. Cooperation on a global or regional basis
Article 198. Notification of imminent or actual damage
Article 199. Contingency plans against pollution
Article 200. Studies, research programmes and exchange of information and data
Article 201. Scientific criteria for regulations

SECTION 3. TECHNICAL ASSISTANCE

Article 202. Scientific and technical assistance to developing States
Article 203. Preferential treatment for developing States

SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT

Article 204. Monitoring of the risks or effects of pollution
Article 205. Publication of reports
Article 206. Assessment of potential effects of activities

SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION TO PREVENT, REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT

Article 207. Pollution from land-based sources
Article 208. Pollution from seabed activities subject to national jurisdiction
Article 209. Pollution from activities in the Area
Article 210. Pollution by dumping
Article 211. Pollution from vessels
Article 212. Pollution from or through the atmosphere

SECTION 6. ENFORCEMENT

Article 213. Enforcement with respect to pollution from land-based sources
Article 214. Enforcement with respect to pollution from seabed activities
Article 215. Enforcement with respect to pollution from activities in the Area
Article 216. Enforcement with respect to pollution by dumping
Article 217. Enforcement by flag States
Article 218. Enforcement by port States
Article 219. Measures relating to seaworthiness of vessels to avoid pollution
Article 220. Enforcement by coastal States
Article 221. Measures to avoid pollution arising from maritime casualties
Article 222. Enforcement with respect to pollution from or through the atmosphere
SECTION 7. SAFEGUARDS

Article 223. Measures to facilitate proceedings
Article 224. Exercise of powers of enforcement
Article 225. Duty to avoid adverse consequences in the exercise of the powers of enforcement.
Article 226. Investigation of foreign vessels
Article 227. Non-discrimination with respect to foreign vessels
Article 228. Suspension and restrictions on institution of proceedings
Article 229. Institution of civil proceedings
Article 230. Monetary penalties and the observance of recognized rights of the accused
Article 231. Notification to the flag State and other States concerned
Article 232. Liability of States arising from enforcement measures
Article 233. Safeguards with respect to straits used for international navigation
SECTION 8. ICE-COVERED AREAS

Article 234. Ice-covered areas

SECTION 9. RESPONSIBILITY AND LIABILITY

Article 235. Responsibility and liability
SECTION 10. SOVEREIGN IMMUNITY

Article 236. Sovereign immunity

SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS ON THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

Article 237. Obligations under other conventions on the protection and preservation of the marine environment.

PART XIII. MARINE SCIENTIFIC RESEARCH

SECTION 1. GENERAL PROVISIONS

Article 238. Right to conduct marine scientific research
Article 239. Promotion of marine scientific research
Article 240. General principles for the conduct of marine scientific research
Article 241. Non-recognition of marine scientific research activities as the legal basis for claims

SECTION 2. INTERNATIONAL COOPERATION

Article 242. Promotion of international cooperation
Article 243. Creation of favourable conditions
Article 244. Publication and dissemination of information and knowledge

SECTION 3. CONDUCT AND PROMOTION OF MARINE SCIENTIFIC RESEARCH

Article 245. Marine scientific research in the territorial sea
Article 246. Marine scientific research in the exclusive economic zone and on the continental shelf
Article 247. Marine scientific research projects undertaken by or under the auspices of international organizations
Article 248. Duty to provide information to the coastal State
Article 249. Duty to comply with certain conditions
Article 250. Communications concerning marine scientific research projects
Article 251. General criteria and guidelines
Article 252. Implied consent
Article 253. Suspension or cessation of marine scientific research activities
Article 254. Rights of neighbouring land-locked and geographically disadvantaged States
Article 255. Measures to facilitate marine scientific research and assist research vessels
Article 256. Marine scientific research in the Area
Article 257. Marine scientific research in the water column beyond the exclusive economic zone

SECTION 4. SCIENTIFIC RESEARCH INSTALLATIONS OR EQUIPMENT IN THE MARINE ENVIRONMENT

Article 258. Deployment and use
Article 259. Legal status
Article 260. Safety zones
Article 261. Non-interference with shipping routes
Article 262. Identification markings and warning signals

SECTION 5. RESPONSIBILITY AND LIABILITY

Article 263. Responsibility and liability

SECTION 6. SETTLEMENT OF DISPUTES AND INTERIM MEASURES

Article 264. Settlement of disputes
Article 265. Interim measures

PART XIV. DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY

SECTION 1. GENERAL PROVISIONS

Article 266. Promotion of the development and transfer of marine technology
Article 267. Protection of legitimate interests
Article 268. Basic objectives
Article 269. Measures to achieve the basic objectives

SECTION 2. INTERNATIONAL COOPERATION

Article 270. Ways and means of international cooperation
Article 271. Guidelines, criteria and standards
Article 272. Coordination of international programmes
Article 273. Cooperation with international organizations and the Authority
Article 274. Objectives of the Authority

SECTION 3. NATIONAL AND REGIONAL MARINE SCIENTIFIC AND TECHNOLOGICAL CENTRES

Article 275. Establishment of national centres.
Article 276. Establishment of regional centres
Article 277. Functions of regional centres

SECTION 4. COOPERATION AMONG INTERNATIONAL ORGANIZATIONS

Article 278. Cooperation among international organizations

PART XV. SETTLEMENT OF DISPUTES

SECTION 1. GENERAL PROVISIONS

Article 279. Obligation to settle disputes by peaceful means
Article 280. Settlement of disputes by any peaceful means chosen by the parties
Article 281. Procedure where no settlement has been reached by the parties
Article 282. Obligations under general, regional or bilateral agreements
Article 283. Obligation to exchange views
Article 284. Conciliation
Article 285. Application of this section to disputes submitted pursuant to Part XI

SECTION 2. COMPULSORY PROCEDURES ENTAILING BINDING DECISIONS

Article 286. Application of procedures under this section
Article 287. Choice of procedure
Article 288. Jurisdiction
Article 289. Experts
Article 290. Provisional measures
Article 291. Access
Article 292. Prompt release of vessels and crews
Article 293. Applicable law
Article 294. Preliminary proceedings
Article 295. Exhaustion of local remedies
Article 296. Finality and binding force of decisions

SECTION 3. LIMITATIONS AND EXCEPTIONS TO APPLICABILITY OF SECTION 2

Article 297. Limitations on applicability of section 2
Article 298. Optional exceptions to applicability of section 2
Article 299. Right of the parties to agree upon a procedure

PART XVI. GENERAL PROVISIONS

Article 300. Good faith and abuse of rights
Article 301. Peaceful uses of the seas
Article 302. Disclosure of information
Article 303. Archaeological and historical objects found at sea
Article 304. Responsibility and liability for damage

PART XVII. FINAL PROVISIONS

Article 305. Signature
Article 306. Ratification and formal confirmation
Article 307. Accession
Article 308. Entry into force
Article 309. Reservations and exceptions
Article 310. Declarations and statements
Article 311. Relation to other conventions and international agreements
Article 312. Amendment
Article 313. Amendment by simplified procedure
Article 314. Amendments to the provisions of this Convention relating exclusively to activities in the Area
Article 315. Signature, ratification of, accession to and authentic texts of amendments
Article 316. Entry into force of amendments
Article 317. Denunciation
Article 318. Status of Annexes
Article 319. Depositary
Article 320. Authentic texts

Annexes to the Convention

ANNEX I. HIGHLY MIGRATORY SPECIES

ANNEX II. COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF

ANNEX III. BASIC CONDITIONS OF PROSPECTING, EXPLORATION AND EXPLOITATION

Article 1. Title to minerals
Article 2. Prospecting
Article 3. Exploration and exploitation
Article 4. Qualifications of applicants
Article 5. Transfer of technology
Article 6. Approval of plans of work
Article 7. Selection among applicants for production authorizations
Article 8. Reservation of areas
Article 9. Activities in reserved areas
Article 10. Preference and priority among applicants
Article 11. Joint arrangements
Article 12. Activities carried out by the Enterprise
Article 13. Financial terms of contracts
Article 14. Transfer of data
Article 15. Training programmes
Article 16. Exclusive right to explore and exploit
Article 17. Rules, regulations and procedures of the Authority
Article 18. Penalties
Article 19. Revision of contract
Article 20. Transfer of rights and obligations
Article 21. Applicable law
Article 22. Responsibility

ANNEX IV. STATUTE OF THE ENTERPRISE

Article 1. Purposes
Article 2. Relationship to the Authority
Article 3. Limitation of liability
Article 4. Structure
Article 5. Governing Board
Article 6. Powers and functions of the Governing Board
Article 7. Director-General and staff of the Enterprise
Article 8. Location
Article 9. Reports and financial statements
Article 10. Allocation of net income
Article 11. Finances
Article 12. Operations
Article 13. Legal status, privileges and immunities

ANNEX V. CONCILIATION

SECTION 1. CONCILIATION PROCEDURE PURSUANT TO SECTION 1 OF PART XV

Article 1. Institution of proceedings
Article 2. List of conciliators
Article 3. Constitution of conciliation commission
Article 4. Procedure
Article 5. Amicable settlement
Article 6. Functions of the commission
Article 7. Report
Article 8. Termination
Article 9. Fees and expenses
Article 10. Right of parties to modify procedure

SECTION 2. COMPULSORY SUBMISSION TO CONCILIATION PROCEDURE PURSUANT TO SECTION 3 OF PART XV

Article 11. Institution of proceedings
Article 12. Failure to reply or to submit to conciliation
Article 13. Competence
Article 14. Application of section 1

ANNEX VI. STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

Article 1. General provisions

SECTION 1. ORGANIZATION OF THE TRIBUNAL

Article 2. Composition
Article 3. Membership
Article 4. Nominations and elections
Article 5. Term of office
Article 6. Vacancies
Article 7. Incompatible activities
Article 8. Conditions relating to participation of members in a particular case
Article 9. Consequence of ceasing to fulfil required conditions
Article 10. Privileges and immunities
Article 11. Solemn declaration by members
Article 12. President, Vice-President and Registrar
Article 13. Quorum
Article 14. Seabed Disputes Chamber
Article 15. Special chambers
Article 16. Rules of the Tribunal
Article 17. Nationality of members
Article 18. Remuneration of members
Article 19. Expenses of the Tribunal

SECTION 2. COMPETENCE

Article 20. Access to the Tribunal
Article 21. Jurisdiction
Article 22 Reference of disputes subject to other agreements
Article 23. Applicable law

SECTION 3. PROCEDURE

Article 24. Institution of proceedings
Article 25. Provisional measures
Article 26. Hearing
Article 27. Conduct of case
Article 28. Default
Article 29. Majority for decision
Article 30. Judgment
Article 31. Request to intervene
Article 32 Right to intervene in cases of interpretation or application
Article 33. Finality and binding force of decisions
Article 34. Costs

SECTION 4. SEABED DISPUTES CHAMBER

Article 35. Composition
Article 36. Ad hoc chambers
Article 37. Access
Article 38. Applicable law
Article 39. Enforcement of decisions of the Chamber
Article 40. Applicability of other sections of this Annex

SECTION 5. AMENDMENTS

Article 41. Amendments

ANNEX VII. ARBITRATION

Article 1. Institution of proceedings
Article 2. List of arbitrators
Article 3. Constitution of arbitral tribunal
Article 4. Functions of arbitral tribunal
Article 5. Procedure
Article 6. Duties of parties to a dispute
Article 7. Expenses
Article 8. Required majority for decisions
Article 9. Default of appearance
Article 10. Award
Article 11. Finality of award
Article 12. Interpretation or implementation of award
Article 13. Application to entities other than States Parties

ANNEX VIII. SPECIAL ARBITRATION

Article 1. Institution of proceedings
Article 2. Lists of experts
Article 3. Constitution of special arbitral tribunal
Article 4. General provisions
Article 5. Fact finding

ANNEX IX. PARTICIPATION BY INTERNATIONAL ORGANIZATIONS

Article 1. Use of terms
Article 2. Signature
Article 3. Formal confirmation and accession
Article 4. Extent of participation and rights and obligations
Article 5. Declarations, notifications and communications
Article 6. Responsibility and liability
Article 7. Settlement of disputes
Article 8. Applicability of Part XVII