Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region. in United States

Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region

Nairobi, 21 June 1985

The Contracting Parties,

Fully aware of the economic and social value of the marine and coastal
environment of the Eastern African region,

Conscious of their responsibility to preserve their natural heritage
for the benefit and enjoyment of present and future generations,

Recognizing the special hydrographic and ecological characteristics of
the region which require special care and responsible management,

Recognizing further the threat to the marine and coastal environment,
its ecological equilibrium, resources and legitimate uses posed by
pollution and by the insufficient integration of an environmental dimension
into the development process,

Seeking to ensure that resource development shall be in harmony with the
maintenance of the environmental quality of the region and the evolving
principles of rational environmental management,

Realizing fully the need for co-operation amongst themselves and with
competent international and regional organizations in order to ensure
a coordinated and comprehensive development of the natural resources
of the region,

Recognizing the desirability of promoting the wider acceptance and national
implementation of existing international environmental agreements,

Noting, however, that existing international conventions concerning the
marine and coastal environment do not cover, in spite of the progress
achieved, all aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special requirements of the Eastern
African region,

Desirous to adopt a regional convention elaborated within the framework of
the Action Plan for the Protection, Management and Development of the Marine
and Coastal Environment of the Eastern African Region adopted at Nairobi
on 21 June 1985,

Have agreed as follows:

Article 1

GEOGRAPHICAL COVERAGE

1. This Convention shall apply to the Eastern African region,
hereinafter referred to as “the Convention area” as defined
in paragraph (a) of article 2.

2. Except as may be otherwise provided in any protocol to
this Convention,the Convention area shall not include internal
waters of the Contracting Parties.

Article 2
DEFINITIONS

For the purposes of this Convention:

(a) the “Convention area” shall be comprised of the marine
and coastal environment of that part of the Indian Ocean
situated within the Eastern African region and falling
within the jurisdiction of the Contracting Parties to this
Convention. The extent of the coastal environment to be
included within the Convention area shall be indicated in each
protocol to this Convention taking into account the objectives
of the protocol concerned;

(b) “pollution” means the introduction by man, directly or
indirectly,of substances or energy into the marine environment,
including estuaries,resulting in such deleterious effects as harm
to living resources, hazards to human health, hindrance to marine
activities, including fishing, impairment of quality for use of
sea water and reduction of amenities;

(c) “Organization” means the body designated as responsible
for carrying out secretariat functions pursuant to article 16
of this Convention.

Article 3

GENERAL PROVISIONS

1. The Contracting Parties may enter into bilateral or
multilateral agreements, including regional or subregional
agreements, for the protection and management of the marine
and coastal environment of the Convention area. Such agreements
shall be consistent with this Convention and in accordance
with international law. Copies of such agreements shall
be communicated to the Organization and, through the Organization,
to all Contracting Parties to this Convention.

2. Nothing in this Convention or its protocols shall be
deemed to affect obligations assumed by a Contracting Party
under agreements previously concluded.

3. This Convention and its protocols shall be construed in
accordance with international law relating to their subject matter.
Nothing in this Convention and its protocols shall prejudice the
present or future claims and legal views of any Contracting Party
concerning the nature and extent of its maritime jurisdiction.

Article 4

GENERAL OBLIGATIONS

1. The Contracting Parties shall, individually or jointly, take
all appropriate measures in conformity with international law
and in accordance with this Convention and those of its protocols
in force to which they are party, to prevent, reduce and
combat pollution of the Convention area and to ensure sound
environmental management of natural resources. using for this
Purpose the best practicable means at their disposal, and in
accordance with their capabilities.

2. The Contracting Parties shall co-operate in the formulation
and adoption of protocols to facilitate the effective implementation
of this Convention.

3. The Contracting Parties shall take all appropriate measures in
conformity with international law for the effective discharge of
the obligations prescribed in this Convention and its protocols
and shall endeavour to harmonize their policies in this regard.

4. The Contracting Parties shall co-operate with the competent
international, regional and subregional organizations to ensure
the effective implementation of this Convention and its protocols.
They shall assist each other in fulfilling their obligations under
this Convention and its protocols.

5. In taking the measures referred to in paragraph 1, the
Contracting Parties shall ensure that the application of such
measures does not cause pollution of the marine environment
outside the Convention area.

Article 5

POLLUTION FROM SHIPS

The Contracting Parties shall take all appropriate measures to
prevent, reduce and combat pollution of the Convention area
caused by discharges from ships and, for this purpose, to
ensure the effective implementation of the applicable
international rules and standards established by, or within
the framework of, the competent international organization.

Article 6

POLLUTION CAUSED BY DUMPING

The Contracting Parties shall take all appropriate measures
to prevent, reduce and combat pollution of the Convention
area caused by dumping of wastes and other matter at sea
from ships, aircraft, or manmade structures at sea, taking
into account applicable international rules and standards
and recommended practices and procedures.

Article 7

POLLUTION FROM LAND-BASED SOURCES

The Contracting Parties shall endeavour to take all appropriate
measures to prevent, reduce and combat pollution of the Convention
area caused by coastal disposal or by discharges emanating from
rivers, estuaries, Coastal establishments, outfall structures,
or any other sources within their territories.

Article 8

POLLUTION FROM SEA-BED ACTIVITIES

The Contracting Parties shall take all appropriate measures
to prevent, reduce and combat pollution of the Convention
area resulting directly or indirectly from exploration and
exploitation of the seabed and its subsoil.

Article 9

AIRBORNE POLLUTION

The Contracting Parties shall take all appropriate measures
to prevent, reduce and combat pollution of the Convention
area resulting from discharges into the atmosphere from
activities under their jurisdiction.

Article 10

SPECIALLY PROTECTED AREAS

The Contracting Parties shall, individually or jointly,
take all appropriate measures to protect and preserve rare
or fragile ecosystems as well as rare, depleted, threatened
or endangered species of wild fauna and flora and their
habitats in the Convention area. To this end the Contracting
Parties shall, in areas under their jurisdiction, establish
protected areas, such as parks and reserves, and shall regulate
and, where required and subject to the rules of international law,
prohibit an activity likely to have adverse effects on the
species, ecosystems or biological processes that such areas are
established to protect. The establishment of such areas shall
not affect the rights of other Contracting Parties and third
States and in particular other legitimate uses of the sea.

Article 11

CO-OPERATION IN COMBATING POLLUTION IN CASES OF EMERGENCY

1. The Contracting Parties shall co-operate in taking all
necessary measures to respond to pollution emergencies in the
onvention area and to reduce or eliminate pollution or the
threat of pollution resulting therefrom. To this end ,
the Contracting Parties shall, individually and jointly,
develop and promote contingency plans for responding to
incidents involving pollution or the threat thereof in
the Convention area.

2. When a Contracting Party becomes aware of a case in
which the Convention area is in imminent danger of being polluted
or has been polluted, it shall immediately notify other States
ikely to be affected by such pollution, as well as competent
international organizations. Furthermore, it shall inform,
as soon as feasible, such other States and the Organization
of any measures it has taken to minimize or reduce pollution
or the threat thereof.

Article 12

ENVIRONMENTAL DAMAGE FROM ENGINEERING ACTIVITIES

The Contracting Parties shall take all appropriate measures
to prevent, reduce and combat environmental damage in the Convention
area, in particular the destruction of marine and coastal ecosystems,
caused by engineering activities such as land reclamation and dredging.

Article 13

ENVIRONMENTAL IMPACT ASSESSMENT

1. As part of their environmental management policies, the Contracting
Parties shall, in Cooperation with competent regional and international
organizations if necessary, develop technical and other guidelines to
assist the planning of their major development projects in such a way
as to prevent or minimize harmful impacts on the Convention area.

2. Each Contracting Party shall assess, within its capabilities,
the potential environmental effects of major projects which it has
reasonable grounds to expect may cause substantial pollution
of, or significant and harmful changes to, the Convention area.

3. With respect to the assessments referred to in paragraph 2,
the Contracting Parties shall, if appropriate in consultation with
the Organization, develop procedures for the dissemination of
information and, if necessary, for consultations among the
Contracting Parties concerned.

Article 14

SCIENTIFIC AND TECHNICAL CO-OPERATION

1. The Contracting Parties shall co-operate, directly or with
the assistance of competent regional and international organizations,
in scientific research, monitoring, and the exchange of data and other
scientific information relating to the purposes of this Convention
and its protocols.

2. To this end, the Contracting Parties shall develop and
co-ordinate their research and monitoring programmes concerning
pollution and natural resources in the Convention area and.shall
establish, in co-operation with competent regional and international
organizations, a regional network of national research centres and
institutes to ensure compatible results. With the aim of further
protecting the Convention area, the Contracting Parties shall
endeavour to participate in international arrangements for research
and monitoring outside the Convention area.

3. The Contracting Parties shall co-operate, within their available
capabilities, directly or through competent regional and international
organizations, in the provision to other Contracting Parties of
technical and other assistance in fields relating to pollution and
sound environmental management of the Convention area.

Article 15

LIABILITY AND COMPENSATION

The Contracting Parties shall co-operate, directly or with the
assistance of competent regional and international organizations, with
a view to formulating and adopting appropriate rules and procedures
which are in conformity with international law in the field of liability
and compensation for damage resulting from pollution of the Convention
area.

Article 16

INSTITUTIONAL ARRANGEMENTS

1. The Contracting Parties designate the United Nations Environment
Programme as the secretariat of the Convention to carry out the following
functions:

(a) to prepare and convene the meetings of Contracting Parties and
conferences provided for in articles 17, 18 and 19;

(b) to transmit to the Contracting Parties the information received
in accordance with articles 3, 11, 13 and 23;

(c) to perform the functions assigned to it by protocols to
this Convention;

(d) to consider enquiries by, and information from, the Contracting
Parties and to consult with them on questions relating to this
Convention and its protocols;

(e) to co-ordinate the implementation of cooperative activities
agreed upon by the meetings of Contracting Parties;

(f) to ensure the necessary co-ordination with other regional and
international bodies that the Contracting Parties consider competent;

(g) to enter into such administrative arrangements as may be
required for the effective discharge of the secretariat functions.

2. Each Contracting Party shall designate an appropriate authority
to serve as the channel of communication with the Organization for the
purposes of this Convention and its protocols.

Article 17

MEETINGS OF THE CONTRACTING PARTIES

1. The Contracting Parties shall hold ordinary meetings once every
two years. It shall be the function of the ordinary meetings of the
Contracting Parties to keep under review the implementation of this
Convention and its protocols and, in particular:

(a) to consider information submitted by the Contracting Parties
under article 23;

(b) to adopt, review and amend annexes to this Convention and
to its related protocols, in accordance with the provisions of article 20;

(c) to make recommendations regarding the adoption of any additional
protocols or amendments to this Convention or its protocols in accordance
with the provisions of articles 18 and 19;

(d) to establish working groups as required to consider any matters
concerning this Convention and its protocols;

(e) to assess periodically the state of the environment in
the Convention area;

(f) to consider co-operative activities to be undertaken within
the framework of this Convention and its protocols, including their
financial and institutional implications, and to adopt decisions
relating thereto;

(g) to consider and undertake any additional action that may be
required for the achievement of the purposes of this Convention and
its protocols.

2. The Organization shall convene the first ordinary meeting
of the Contracting Parties within nine months of the date on which
the Convention enters into force in accordance with article 29.

3. Extraordinary meetings shall be convened at the request of
any Contracting Party or upon the request of the Organization,
provided that such requests are supported by a two-thirds majority
of the Contracting Parties. It shall be the function of the
extraordinary meeting of the Contracting Parties to consider
only those items proposed in the request for the holding of the
extraordinary meeting.

Article 18

ADOPTION OF PROTOCOLS

1. The Contracting Parties, at a conference of plenipotentiaries,
may adopt additional protocols to this Convention pursuant to
paragraph 2 of article 4.

2. If so requested by a two-thirds majority of the Contracting
Parties, the Organization shall convene a conference of plenipotentiaries
for the purpose of adopting additional protocols to this Convention.

Article 19

AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS

1. Any Contracting Party may propose amendments to this Convention.
Amendments shall be adopted by a conference of plenipotentiaries which
shall be convened by the Organization at the request of a two-thirds
majority of the Contracting Parties.

2. Any Contracting Party to this Convention may propose amendments
to any protocol. Such amendments shall be adopted by a conference of
plenipotentiaries which shall be convened by the Organization at the
request of a two-thirds majority of the Contracting Parties to the
protocol concerned.

3. The text of any proposed amendment shall be communicated by the
Organization to all Contracting Parties at least ninety days before
the opening of the conference of plenipotentiaries.

4. Any amendment to this Convention shall be adopted by a two-thirds
majority vote of the Contracting Parties to the Convention which are present
and voting at the conference of plenipotentiaries and shall be submitted by
the Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any protocol shall be adopted by a two-thirds ma – jority vote
of the Contracting Parties to the protocol which are present and voting at
the conference of plenipotentiaries and shall be submitted by the Depositary
for acceptance by all Contracting Parties to the protocol.

5. Instruments of ratification, acceptance or approval of amendments
shall be deposited with the Depositary. Amendments adopted in accordance
with paragraph 4 shall enter into force between Contracting Parties having
accepted such amendments on the thirtieth day following the date of receipt
by the Depositary of the instruments of at least six of the Contracting
Parties to this Convention or to the protocol concerned. as the case may be.
Thereafter the amendments shall enter into force for any other Contracting
Party on the thirtieth day after the date on which that Party deposits its
instrument.

6. After the entry into force of an amendment to this Convention or to
a protocol, any new Contracting Party to this Convention or such protocol
shall become a Contracting Party to the Convention or protocol as amended.

Article 20

ANNEXES AND AMENDMENT OF ANNEXES

1. Annexes to this Convention or to a protocol shall form an integral
part of the Convention or, as the case may be, such protocol.

2. Except as may be otherwise provided in any protocol with respect
to its annexes, the following procedure shall apply to the adoption and
entry into force of amendments to annexes to this Convention or to annexes
to a protocol:

(a) any Contracting Party may propose amendments to annexes to this
Convention or annexes to any protocol at the meetings convened pursuant
to article 17;

(b) such amendments shall be adopted by a two thirds majority vote
of the Contracting Parties to the instrument in question;

(c) the Depositary shall without delay communicate the amendments
so adopted’ to all Contracting Parties to this Convention;

(d) any Contracting Party that is unable to accept an amendment to
annexes to this Convention or to annexes to any protocol shall so
notify the Depositary in writing within a period determined by the
Contracting Parties concerned when adopting the amendment;

(e) the Depositary shall without delay notify all Contracting Parties
of notifications received pursuant to the preceding subparagraph;

(f) on expiry of the period determined in accordance with subparagraph
(d) above, the amendment to the annex shall become effective for all
Contracting Parties to this Convention or to the protocol concerned
which have not submitted a notification in accordance with the provisions
of that subparagraph;

(g) a Contracting Party may at any time substitute an acceptance for
a previous declaration of objection, and the amendment shall thereupon
enter into force for that Party.

3. The adoption and entry into force of a new annex to this Convention
or to any protocol shall be subject to the same procedure as that for the
adoption and entry into force of an amendment to an annex, provided that,
if it entails an amendment to the Convention or a protocol, the new annex
shall not enter into force until such time as that amendment enters into
force.

4. Any amendment to the Annex on Arbitration shall be proposed and adopted,
and shall enter into force, in accordance with the procedures set out in
article 19.

Article 21

RULES OF PROCEDURES AND FINANCIAL RULES

1. The Contracting Parties shall adopt rules of procedure for their
meetings.

2 The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular,
their financial participation in the co-operative activities
undertaken for the purposes of this Convention and of protocols
to which they are parties.

Article 22

SPECIAL EXERCISE OF THE RIGHT TO VOTE

In their fields of competence, the regional intergovernmental
integration organizations referred to in article 26 shall
exercise their right to vote with a number of votes equal
to the number of their member States which are Contracting
Parties to this Convention and to one or more protocols.
Such organizations shall not exercise their rights to vote
if the member States concerned exercise theirs and vice versa.

Article 23

TRANSMISSION OF INFORMATION

The Contracting Parties shall transmit regularly to the Organization
information on the measures adopted by them in the implementation
of this Convention and of protocols to which they are parties, in
such form as the meetings of Contracting Parties may determine.

Article 24

SETTLEMENT OF DISPUTES

1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or its protocols,
they shall seek a settlement of the dispute through negotiation
or any other peaceful means of their own choice.

2. If the Parties concerned cannot settle their dispute
through the means mentioned in the preceding paragraph, the
dispute shall, upon common agreement of the Parties concerned,
be submitted to arbitration under the conditions set out in
the Annex on Arbitration.

Article 25

RELATIONSHIP BETWEEN THE CONVENTION AND ITS PROTOCOLS

1. No State or regional intergovernmental integration
organization may become a Contracting Party to this Convention
unless it becomes at the same time a Contracting Party to at
least one protocol to the Convention. No State or regional
intergovernmental integration organization may become a
Contracting Party to a protocol unless it is, or becomes at
the same time, a Contracting Party to this Convention.

2. Decisions concerning any protocol shall be taken only
by the Contracting Parties to the protocol concerned.

Article 26

SIGNATURE

This Convention, the Protocol concerning Protected Areas
and Wild Fauna and Flora in the Eastern African Region and
the Protocol concerning Co-operation in Combating Marine
Pollution in Cases of Emergency in the Eastern African
Region shall be open for signature
at Nairobi from 21 June 1985 to 20 June 1986
by any State invited as a participant to the Conference
of Plenipotentiaries on the Protection, Management
and Development of the Marine and Coastal Environment
of the Eastern African Region, held at Nairobi
from 17 June 1985 to 21 June 1985. They shall also
be open for signature between the same dates by any
regional intergovernmental integration organization
exercising competence in fields covered by the
Convention and such protocols and having at least one
member State which belongs to the Eastern African
region, provided that such regional organization has
been invited to participate in the Conference of
Plenipotentiaries.

Article 27

RATIFICATION, ACCEPTANCE AND APPROVAL

This Convention and its protocols shall be subject to
ratification, acceptance or approval by the States and
organizations referred to in article 26. Instruments
of ratification, acceptance or approval shall be
deposited with the Government of the Republic of
Kenya which will assume the functions of Depositary.

Article 28

ACCESSION

1. This Convention and its protocols shall be open
for accession by the States and organizations referred
to in article 26 as from the day following the date on
which the Convention or the protocol concerned is
closed for signature.

2. After the entry into force of this Convention
and of any protocol, any State or regional intergovernmental
integration organization not referred to in article 26 may
accede to the Convention and to any protocol, subject to
prior approval by three-fourths of the Contracting Parties
to the Convention or the protocol concerned.

3. Instruments of accession shall be deposited
with the Depositary.

Article 29

ENTRY INTO FORCE

1. This Convention shall enter into force on the
same date as the first protocol entering into force

2. Any protocol to this Convention, except as
otherwise provided in such protocol, shall enter
into force on the ninetieth day following the date
of deposit of the sixth instrument of ratification,
acceptance, or approval of, or accession to, such
protocol by the States referred to in article 26.

3. Thereafter, this Convention and any protocol
shall enter into force with respect to any State or
organization referred to in article 26 or article 28
on the ninetieth day following the date of deposit
of its instruments of ratification, acceptance,
approval or accession.

Article 30

WITHDRAWAL

1. At any time after three years from the date of
entry into force of this Convention with respect to a
Contracting Party, that Contracting Party may withdraw
from this Convention by giving written notification
to the Depositary.

2. Except as may be otherwise provided in any protocol
to this Convention, any Contracting Party may, at any time
after three years from the date of entry into force of
such protocol with respect to that Contracting Party,
withdraw from such protocol by giving written notification
to the Depositary.

3. Withdrawal shall take effect one year after the date on
which notification of withdrawal is received by the Depositary.

4. Any Contracting Party which withdraws from this
Convention shall be considered as also having withdrawn
from any protocol to which it was a Contracting Party.

5. Any Contracting Party which, upon its withdrawal from
a protocol, is no longer a Contracting Party to any protocol
to this Convention, shall be considered as also having
withdrawn from the Convention itself.

Article 31

RESPONSIBILITIES OF THE DEPOSITARY

1. The Depositary shall inform the signatories and the
Contracting Parties, as well as the Organization, of:

(a) the signature of this Convention and of its protocols
and the deposit of instruments of ratification, acceptance,
approval or accession;

(b) the date on which the Convention or any protocol
will come into force for each Contracting Party;

(c) Notification of withdrawal and the date on which it
will take effect;

(d) the amendments adopted with respect to the Convention
or to any protocol, their acceptance by the Contracting
Parties and the date of their entry into force;

(e) all matters relating to new annexes and to the
amendment of any annex.

2. The original of this Convention and of any
protocol shall be deposited with the Depositary, the
Government of the Republic of Kenya, which shall send certified
copies thereof to the Signatories, the Contracting Parties
and the Organization.

3. As soon as the Convention or any protocol enters into
force, the Depositary shall transmit a certified copy of the
instrument concerned to the Secretary-General of the United
Nations for registration and publication in accordance with
Article 102 of the Charter of the United Nations.

In witness whereof the undersigned, being duly authorized by
their respective Governments, have signed this Convention.

Done at Nairobi this twenty-first day of June one thousand
nine hundred and eighty-five in single copy in the English
and French languages. the two texts being equally authentic.

Annex on arbitration

Article I

Unless the agreement referred to in article 24 of the
Convention provides otherwise, the arbitration procedure
shall be conducted in accordance with articles 2 to 10 below.

Article 2

The claimant party shall notify the Organization that the
parties agree to submit the dispute to arbitration pursuant
to paragraph 2 of article 24 of the Convention. The
notification shall state the subject-matter of arbitration
and include, in particular, the articles of the Convention
or the protocol, the interpretation or application of which
are at issue. The Organization shall forward the
information thus received to all Contracting Parties to
the Convention or to the protocol concerned.

Article 3

The arbitral tribunal shall consist of three members.
Each of the parties to the dispute shall appoint an
arbitrator and the two arbitrators so appointed shall
designate by common agreement the third arbitrator
who shall be the chairman of the tribunal. The latter
shall not be a national of one of the parties to the
dispute, nor have his usual place of residence in the
territory of one of these parties, nor be employed by
any of them, nor have dealt with the case in any other
capacity.

Article 4

1. If the chairman of the arbitral tribunal has not
been designated within two months of the appointment of
the second arbitrator, the Secretary-General of the
United Nations shall, at the request of either party
designate him within a further two months’ period.

2. If one of the parties to the dispute does not
appoint an arbitrator within two months of receipt
of the request, the other party may inform the
Secretary-General of the United Nations who shall
designate the chairman of the arbitral tribunal
within a further two months’ period. Upon designation,
the chairman of the arbitral tribunal shall request
the party which has not appointed an arbitrator to do
so within two months. After such period, he shall
inform the Secretary-General of the United Nations,
who shall make this appointment within a further two
months’ period.

Article 5

1. The arbitral tribunal shall render its decision in
accordance with international law and in accordance with
the provisions of this Convention and the protocol or
protocols concerned.

2. Any arbitral tribunal constituted under the provisions
of this annex shall draw up its own rules of procedure.

Article 6

1. The decisions of the arbitral tribunal, both on
procedure and on substance, shall be taken by majority
vote of its members.

2. The arbitral tribunal may take all appropriate
measures in order to establish the facts. It may, at
the request of one of the parties, recommend essential
interim measures of protection.

3. The parties to the dispute shall provide all
facilities necessary for the effective conduct of the
proceedings.

4. The absence or default of a party to the dispute
shall not constitute an impediment to the proceedings.

Article 7

The arbitral tribunal may hear and determine counterclaims
arising directly out of the subject matter of the dispute.

Article 8

Unless the arbitral tribunal determines 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.
The tribunal shall keep a record of all its expenses, and
shall furnish a final statement thereof to the parties.

Article 9

Any Contracting Party that has an interest of a legal nature
in the subject-matter of the dispute which may be affected
by the decision in the case, may intervene in the proceedings
with the consent of the arbitral tribunal.

Article 10

1. The arbitral tribunal shall render its award within
five months of the date on which it is established unless
it finds it necessary to extend the time-limit for a period
which should not exceed five months.

2. The award of the arbitral tribunal shall be accompanied
by a statement of reasons. It shall be final and binding upon
the parties to the dispute.

3. Any dispute which may arise between the parties concerning
the interpretation or execution of the ward may be submitted by
either party to the arbitral tribunal which made the award or,
if the latter cannot be seized thereof, to another arbitral
tribunal constituted for this purpose in the same manner as the first.