Fisheries Convention (9 Mar 1964) in United States

Fisheries Convention (9 Mar 1964)

FISHERIES CONVENTION.
DONE AT LONDON, ON 9 MARCH 1964

Entry into Force: 15 March 1966

The Governments of Austria, Belgium, Denmark, the French Republic, the
Federal Republic of Germany, Ireland, Italy, Luxembourg, the Netherlands,
Portugal, Spain, Sweden and the United Kingdom of Great Britain and
Northern Ireland,

Desiring to define a r‚gime of fisheries of a permanent character;

Have agreed as follows:

Article 1

(1) Each Contracting Party recognizes the right of any other Contracting
Party to establish the fishery r‚gime described in Articles 2 to 6 of the
present Convention.

(2) Each Contracting Party retains however the right to maintain the
fishery r‚gime which it applies at the date on which the present
Convention is opened for signature, if this r‚gime is more favourable to
the fishing of other countries than the r‚gime described in Articles 2 to
6.

Article 2

The coastal State has the exclusive right to fish and exclusive
jurisdiction in matters of fisheries within the belt of six miles
measured from the baseline of its territorial sea.

Article 3

Within the belt between six and twelve miles measured from the baseline
of the territorial sea, the right to fish shall be exercised only by the
coastal State and by such other Contracting Parties, the fishing vessels
of which have habitually fished in that belt between 1st January, 1953
and 31st December 1962.

Article 4

Fishing vessels of the Contracting Parties, other than the coastal State,
permitted to fish under Article 3, shall not direct their fishing effort
towards stocks of fish or fishing grounds substantially different from
those which they have habitually exploited. The coastal State may enforce
this rule.

Article 5

(1) Within the belt mentioned in Article 3 the coastal State has the
power to regulate the fisheries and to enforce such regulations,
including regulations to give effect to internationally agreed measures
of conservation, provided that there shall be no discrimination in form
or in fact against fishing vessels of other Contracting Parties fishing
in conformity with Articles 3 and 4.

(2) Before issuing regulations, the coastal State shall inform the other
Contracting Parties concerned and consult those Contracting Parties, if
they so wish.

Article 6

Any straight baseline or bay closing line which a Contracting Party may
draw shall be in accordance with the rules of general international law
and in particular with the provisions of the Convention on the
Territorial Sea and the Contiguous Zone opened for signature at Geneva on
29th April, 1958.

Article 7

Where the coasts of two Contracting Parties are opposite or adjacent to
each other, neither of these Contracting Parties is entitled, failing
agreement between them to the contrary, to establish a fisheries r‚gime
beyond the median line, every point of which is equidistant from the
nearest points on the low water lines of the coasts of the Contracting
Parties concerned.

Article 8

(1) Once a Contracting Party applies the r‚gime described in Articles 2
to 6, any right to fish which it may thereafter grant to a State not a
Contracting Party shall extend automatically to the other Contracting
Parties, whether or not they could claim this right by virtue of habitual
fishing, to the extent that the State not a Contracting Party avails
itself effectively and habitually of that right.

(2) If a Contracting Party which has established the r‚gime described in
Articles 2 to 6 should grant to another Contracting Party any right to
fish which the latter cannot claim under Articles 3 and 4, the same right
shall extend automatically to all other Contracting Parties. Article 9

Article 9

(1) In order to allow fishermen of other Contracting Parties, who have
habitually fished in the belt provided for in Article 2 to adapt
themselves to their exclusion from that belt, a Contracting Party which
establishes the r‚gime provided for in Articles 2 to 6, shall grant to
such fishermen the right to fish in that belt for a transitional period,
to be determined by agreement between the Contracting Parties concerned.

(2) If a Contracting Party establishes the r‚gime described in Articles 2
to 6, it may, notwithstanding the provisions of Article 2, continue to
accord the right to fish in the whole or part of the belt provided for in
Article 2 to other Contracting Parties of which the fishermen have
habitually fished in the area by reason of voisinage arrangements.

Article 10

Nothing in the present Convention shall prevent the maintenance or
establishment of a special r‚gime in matters of fisheries:

(a) as between States Members and Associated States of the European
Economic Community,
(b) as between States Members of the Benelux Economic Union,
(c) as between Denmark, Norway and Sweden,
(d) as between France and the United Kingdom of Great Britain and
Northern Ireland in respect of Granville Bay and the Minquiers and
the Ecrehos,
(e) as between Spain, Portugal and their respective neighbouring
countries in Africa,
(f) in the Skagerrak and the Kattegat.

Article 11

Subject to the approval of the other Contracting Parties, a coastal State
may exclude particular areas from the full application of Articles 3 and
4 in order to give preference to the local population if it is
overwhelmingly dependent upon coastal fisheries.

Article 12

The present Convention applies to the waters adjacent to the coasts of
the Contracting Parties listed in Annex I. This Annex may be amended with
the consent of the Governments of the Contracting Parties. Any proposal
for amendment shall be sent to the Government of the United Kingdom of
Great Britain and Northern Ireland which shall notify it to all
Contracting Parties, and inform them of the date on which it enters into
force.

Article 13

Unless the parties agree to seek a solution by another method of peaceful
settlement, any dispute which may arise between Contracting Parties
concerning the interpretation or application of the present Convention
shall at the request of any of the parties be submitted to arbitration in
accordance with the provisions of Annex II to the present Convention.

Article 14

(1) The present Convention shall be open for signature from 9th March,
1964 to 10th April, 1964. It shall be subject to ratification or approval
by the signatory Governments, in accordance with their respective
constitutional procedures. The instruments of ratification or approval
shall be deposited as soon as possible with the Government of the United
Kingdom of Great Britain and Northern Ireland.

(2) The present Convention shall enter into force upon the deposit of
instruments of ratification or approval by eight signatory Governments.
If, however, on 1st January, 1966, this condition is not fulfilled, those
Governments which have deposited their instruments of ratification or
approval may agree by special protocol on the date on which the
Convention shall enter into force. In either case the Convention shall
enter into force with respect to any Government that ratifies or approves
thereafter on the date of deposit of its instrument of ratification or
approval.

(3) Any State may at any time after the Convention has come into force
accede thereto upon such conditions as may be agreed by it with the
Contracting Parties. Accession on the conditions agreed shall be effected
by notice in writing addressed to the Government of the United Kingdom of
Great Britain and Northern Ireland.

(4) The Government of the United Kingdom of Great Britain and Northern
Ireland shall inform all signatory and acceding Governments of all
instruments of ratification or approval deposited and accessions received
and shall notify signatory and acceding Governments of the dates on which
and the Governments in respect of which the present Convention enters
into force.

Article 15

The present Convention shall be of unlimited duration. However at any
time after the expiration of a period of twenty years from the initial
entry into force of the present Convention, any Contracting Party may
denounce the Convention by giving two years’ notice in writing to the
Government of the United Kingdom of Great Britain and Northern Ireland.
The latter shall notify the denunciation to the Contracting Parties.

ANNEX I

The coasts of the Contracting Parties to which the Convention applies are
the following:

Belgium
All coasts.

Denmark
The coasts of the North Sea, the Skagerrak and the Kattegat (i.e. the
area lying to the north and west of lines drawn from Hasenore Head to
Gniben Point, from Korshage to Spodsbierg, and from Gilbierg Head to the
Kullen).

France
The North Sea and the English Channel coasts and the European
Atlantic coasts.

Federal Republic of Germany
The North Sea coast.

Ireland
All coasts.

Netherlands
The North Sea coast.

Portugal
The Atlantic coast, north of the 36th Parallel, and the coast of
Madeira.

Spain
The Atlantic coast, north of the 36th Parallel.

Sweden
The west coast, north of a line drawn from the Kullen to Gilbierg
Head.

United Kingdom of Great Britain and Northern Ireland
All coasts, including those of the Isle of Man and The Channel
Islands.

ANNEX II

ARBITRATION

Article 1

(1) Within three months of the signature of the Convention, or of
accession thereto, each signatory or acceding Government shall nominate
five persons prepared to undertake the duties of arbiters and being
nationals of a Member State of the Organisation for Economic Co-operation
and Development.

(2) The persons thus nominated shall be included in a list, which shall
be notified by the Government of the United Kingdom of Great Britain and
Northern Ireland to all signatory and acceding Governments.

(3) Any change in the list of arbiters shall be notified in the same
manner.

(4) The same person may be nominated by more than one Government.

(5) The arbiters shall be nominated for a term of six years, which may be
renewed.

(6) In the event of death or resignation of an arbiter he shall be
replaced in the manner fixed for his nomination and for a new period of
six years.

Article 2

(1) The party requesting arbitration in accordance with this Annex shall
inform the other party of the claim which it intends to submit to
arbitration, and give a summary statement of the grounds on which such
claim is based.

(2) The Arbitral Tribunal shall consist of five members. The parties
shall each nominate one member, who may be chosen from among their
respective nationals. The other three arbiters, including the President,
shall be chosen by agreement between the parties from among the nationals
of third States whose names appear in the list mentioned in Article 1.

Article 3

If the nomination of the members of the Arbitral Tribunal is not made
within a period of one month from the date on which arbitration was first
reqUested, the task of making the necessary nominations shall be
entrusted to the President of the International Court of Justice. Should
the latter be a national of one of the parties to the dispute, this task
shall be entrusted to the Vice-President of the Court or to the next
senior judge of the Court who is not a national of the parties.

Article 4

The arbiters to be nominated by the President of the International Court
of Justice shall be chosen from among the nationals of the States Members
of the Organisation for Economic Co-operation and Development and
preferably from the list provided for in Article 1. The President of the
International Court of Justice shall consult beforehand the parties to
the dispute, and may consult the Director General of the Food and
Agriculture Organisation of the United Nations and the President of the
International Council for the Exploration of the Sea. The arbiters shall
be of different nationalities.

Article 5

The parties may draw up a special agreement determining the subject of
the dispute and the details of procedure.

Article 6

In the absence of sufficient particulars in a special agreement or in the
present Annex regarding the questions mentioned in Article 5 of the
present Annex, the provisions of Articles 59-82 of the Hague Convention
for the Pacific Settlement of International Disputes of 18th October,
1907 shall apply as far as possible.

Article 7

The parties shall facilitate the work of the Arbitral Tribunal, and in
particular shall supply it to the greatest possible extent with all
relevant documents and information. They shall use the means at their
disposal to allow it to proceed in their territory, and in accordance
with their law, to the summoning and hearing of witnesses or experts and
to visit the localities in question.

Article 8

In the absence of agreement to the contrary between the parties, the
decisions of the Arbitral Tribunal, shall be taken by majority vote and,
except in relation to questions of procedure, decisions shall be valid
only if all members are present. The voting shall not be disclosed, nor
any dissenting or separate opinions.

Article 9

(1) During the proceedings, each member of the Arbitral Tribunal shall
receive emoluments, the amount of which shall be fixed by agreement
between the parties, each of which shall contribute an equal share.

(2) The expenses of the Arbitral Tribunal shall be divided in the same
manner.

Article 10

The validity of legal measures which entered into force before the date
on which the Convention was opened for signature shall not be questioned
in proceedings before the Arbitral Tribunal.

Article 11

(1) In the case of a dispute based on an allegation of injury to private
interests which, according to the municipal law of one of the parties,
falls within the competence of its judicial administrative authorities,
the party in question may object to the dispute being submitted for
settlement by the procedure laid down in this Annex until a decision with
final effect has been pronounced, within a reasonable time, by the
competent authority.

(2) If a decision with final effect has been pronounced in the State
concerned, it will no longer be possible to resort to the procedure laid
down in this Annex after the expiration of a period of five years from
the date of the aforementioned decision.

Article 12

If the execution of an award of the Arbitral Tribunal would conflict with
a judgment or measure enjoined by a court of law or other authority of
one of the parties to the dispute, and if the municipal law of that party
does not permit, or only partially permits, the consequences of the
judgment or measure in question to be annulled, the Arbitral Tribunal
shall, if necessary, grant the injured party equitable satisfaction.

Article 13

(1) In all cases where a dispute forms the subject of arbitration, and
particularly if the question on which the parties differ arises out of
acts already committed or on the point of being committed, the Arbitral
Tribunal shall lay down within the shortest possible time the provisional
measures to be adopted. The parties to the dispute shall be bound to
accept such measures.

(2) The parties shall abstain from all measures likely to react
prejudicially upon the execution of the award of the Arbitral Tribunal
and, in general, shall abstain from any sort of action whatsoever which
may aggravate or extend the dispute.

Article 14

(1) As soon as the Arbitral Tribunal is constituted, the President shall
inform the Contracting Parties of the dispute submitted to it.

(2) Any Contracting Party may intervene, within a month from the date of
receipt of this notification if it establishes a legitimate interest in
the settlement of the dispute. Intervention shall be with the sole object
of supporting or contesting the contentions, or part of the contentions,
of the original parties to the dispute. An intervention shall not lead to
modification of the original composition of the Arbitral Tribunal.

Article 15

Each of the Contracting Parties shall comply with the award of the
Arbitral Tribunal in any dispute to which it is a party.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have
signed the present Convention.

DONE at London this ninth day of March, 1964, in the English and French
languages, each text being equally authoritative, in a single original
which shall be deposited in the archives of the Government of the United
Kingdom of Great Britain and Northern Ireland, which shall transmit a
certified true copy thereof to each signatory and acceding Government.

PROTOCOL OF PROVISIONAL APPLICATION
OF THE FISHERIES CONVENTION OF 9 MARCH 1964.
DONE AT LONDON, ON 9 MARCH 1964

Have agreed as follows:

Article 1

The Contracting Parties will raise no objection if a Government which has
ratified or approved the Fisheries Convention opened for signature at
London on 9th March, 1964, applies provisionally the provisions of the
Convention, having first notified its decision to the Government of the
United Kingdom of Great Britain and Northern Ireland.

Article 2

(1) The provisional application of the provisions of the Fisheries
Convention by a Contracting Party will entail the establishment of the
list of arbiters provided for in Article 1 of Annex II to the Convention.

(2) A Contracting Party which has provisionally applied the provisions of
the Convention shall be bound by its provisions, in particular Article
13, and shall not object if they are invoked by a Government which has
signed the present Protocol and the Convention, even if the latter
Government has not yet ratified or approved the Convention, with a view
to settling a dispute raised by this provisional application.

Article 3

The present Protocol shall be open for signature from 9th March, 1964 to
10th April, 1964. It shall enter into force, when it has been signed by
two Governments as between those Governments, and in respect of any
Government which signs it thereafter on the date of signature by that
Government.

Article 4

(1) Upon the entry into force of the Convention, the present Protocol
shall automatically cease to have effect as between Governments which
have become parties to the Convention.

(2) The present Protocol shall cease to have effect in respect of any
Government which notifies the Government of the United Kingdom of Great
Britain and Northern Ireland of its decision not to ratify or approve the
Convention.

Article 5

The Government of the United Kingdom of Great Britain and Northern
Ireland shall immediately inform all the signatories of the present
Protocol of each notification received in accordance with Article 1 or
with paragraph (2) of Article 4.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have
signed the present Protocol.

Fisheries Convention (9 Mar 1964)

Fisheries Convention (9 Mar 1964) in United States

Fisheries Convention (9 Mar 1964)

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