Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter in the United States

ARTICLE 16
SETTLEMENT OF DISPUTES
1 Any disputes regarding the interpretation or application of this Protocol
shall be resolved in the first instance through negotiation, mediation or
conciliation, or other peaceful means chosen by parties to the dispute.

2 If no resolution is possible within twelve months after one Contracting Party
has notified another that a dispute exists between them, the dispute shall be
settled, at the request of a party to the dispute, by means of the Arbitral
Procedure set forth in Annex 3, unless the parties to the dispute agree to use
one of the procedures listed in paragraph 1 of Article 287 of the 1982 United
Nations Convention on the Law of the Sea. The parties to the dispute may so
agree, whether or not they are also States Parties to the 1982 United Nations
Convention on the Law of the Sea.

3 In the event an agreement to use one of the procedures listed in paragraph 1
of Article 287 of the 1982 United Nations Convention on the Law of the Sea is
reached, the provisions set forth in Part XV of that Convention that are related
to the chosen procedure would also apply, mutatis mutandis.

4 The twelve month period referred to in paragraph 2 may be extended for another
twelve months by mutual consent of the parties concerned.

5 Notwithstanding paragraph 2, any State may, at the time it expresses its
consent to be bound by this Protocol, notify the Secretary-General that, when it
is a party to a dispute about the interpretation or application of article 3.1
or 3.2, its consent will be required before the dispute may be settled by means
of the Arbitral Procedure set forth in Annex 3.

ARTICLE 17
INTERNATIONAL CO-OPERATION

Contracting Parties shall promote the objectives of this Protocol within the
competent international organizations.

ARTICLE 18
MEETINGS OF CONTRACTING PARTIES

1 Meetings of Contracting Parties or Special Meetings of Contracting Parties
shall keep under continuing review the implementation of this Protocol and
evaluate its effectiveness with a view to identifying means of strengthening
action, where necessary, to prevent, reduce and where practicable eliminate
pollution caused by dumping and incineration at sea of wastes or other matter.
To these ends, Meetings of Contracting Parties or Special Meetings of
Contracting Parties may:

.1 review and adopt amendments to this Protocol in accordance with articles 21
and 22;

.2 establish subsidiary bodies, as required, to consider any matter with a view
to facilitating the effective implementation of this Protocol;

.3 invite appropriate expert bodies to advise the Contracting Parties or the
Organization on matters relevant to this Protocol;
.4 promote co-operation with competent international organizations
concerned with the prevention and control of pollution;

.5 consider the information made available pursuant to article 9.4;

.6 develop or adopt, in consultation with competent international organizations,
procedures referred to in article 8.2, including basic criteria for determining
exceptional and emergency situations, and procedures for consultative advice and
the safe disposal of matter at sea in such circumstances;

.7 consider and adopt resolutions; and

.8 consider any additional action that may be required.

2 The Contracting Parties at their first Meeting shall establish rules of
procedure as necessary.

ARTICLE 19
DUTIES OF THE ORGANIZATION

1 The Organization shall be responsible for Secretariat duties in relation to
this Protocol. Any Contracting Party to this Protocol not being a member of this
Organization shall make an appropriate contribution to the expenses incurred by
the Organization in performing these duties.

2 Secretariat duties necessary for the administration of this Protocol include:

.1 convening Meetings of Contracting Parties once per year, unless otherwise
decided by Contracting Parties, and Special Meetings of Contracting Parties at
any time on the request of two-thirds of the Contracting Parties;

.2 providing advice on request on the implementation of this Protocol and on
guidance and procedures developed thereunder;

.3 considering enquiries by, and information from Contracting Parties,
consulting with them and with the competent international organizations, and
providing recommendations to Contracting Parties on questions related to, but
not specifically covered by, this Protocol;

.4 preparing and assisting, in consultation with Contracting Parties and the
competent international organizations, in the development and implementation of
procedures referred to in article 18.6.;

.5 conveying to the Contracting Parties concerned all notifications received by
the Organization in accordance with this Protocol; and

.6 preparing, every two years, a budget and a financial account for the
administration of this Protocol which shall be distributed to all Contracting
Parties.

3 The Organization shall, subject to the availability of adequate resources, in
addition to the requirements set out in article 13.2.3.

.1 collaborate in assessments of the state of the marine environment; and
.2 co-operate with competent international organizations concerned with the
prevention and control of pollution.

ARTICLE 20
ANNEXES

Annexes to this Protocol form an integral part of this Protocol.

ARTICLE 21
AMENDMENT OF THE PROTOCOL

1 Any Contracting Party may propose amendments to the articles of this Protocol.
The text of a proposed amendment shall be communicated to Contracting Parties by
the Organization at least six months prior to its consideration at a Meeting of
Contracting Parties or a Special Meeting of Contracting Parties.

2 Amendments to the articles of this Protocol shall be adopted by a two-thirds
majority vote of the Contracting Parties which are present and voting at the
Meeting of Contracting Parties or Special Meeting of Contracting Parties
designated for this purpose.

3 An amendment shall enter into force for the Contracting Parties which have
accepted it on the sixtieth day after two-thirds of the Contracting Parties
shall have deposited an instrument of acceptance of the amendment with the
Organization. Thereafter the amendment shall enter into force for any other
Contracting Party on the sixtieth day after the date on which that Contracting
Party has deposited its instrument of acceptance of the amendment.

4 The Secretary-General shall inform Contracting Parties of any amendments
adopted at Meetings of Contracting Parties and of the date on which such
amendments enter into force generally and for each Contracting Party.

5 After entry into force of an amendment to this Protocol, any State that
becomes a Contracting Party to this Protocol shall become a Contracting Party to
this Protocol as amended, unless two-thirds of the Contracting Parties present
and voting at the Meeting or Special Meeting of Contracting Parties adopting the
amendment agree otherwise.

ARTICLE 22
AMENDMENT OF THE ANNEXES

1 Any Contracting Party may propose amendments to the Annexes to this Protocol.
The text of a proposed amendment shall be communicated to Contracting Parties by
the Organization at least six months prior to its consideration by a Meeting of
Contracting Parties or Special Meeting of Contracting Parties.

2 Amendments to the Annexes other than Annex 3 will be based on scientific or
technical considerations and may take into account legal, social and economic
factors as appropriate. Such amendments shall be adopted by a two-thirds
majority vote of the Contracting Parties present and voting at a Meeting of
Contracting Parties or Special Meeting of Contracting Parties designated for
this purpose.

3 The Organization shall without delay communicate to Contracting Parties
amendments to the Annexes that have been adopted at a Meeting of Contracting
Parties or Special Meeting of Contracting Parties.

4 Except as provided in paragraph 7, amendments to the Annexes shall
enter into force for each Contracting Party immediately on notification of its
acceptance to the Organization or 100 days after the date of their adoption at a
Meeting of Contracting Parties, if that is later, except for those Contracting
Parties which before the end of the 100 days make a declaration that they are
not able to accept the amendment at that time. A Contracting Party may at any
time substitute an acceptance for a previous declaration of objection and the
amendment previously objected to shall thereupon enter into force for that
Contracting Party.

5 The Secretary-General shall without delay notify Contracting Parties of
instruments of acceptance or objection deposited with the Organization.

6 A new Annex or an amendment to an Annex which is related to an amendment to
the articles of this Protocol shall not enter into force until such time as the
amendment to the articles of this Protocol enters into force.

7 With regard to amendments to Annex 3 concerning the Arbitral Procedure and
with regard to the adoption and entry into force of new Annexes the procedures
on amendments to the articles of this Protocol shall apply.

ARTICLE 23
RELATIONSHIP BETWEEN THE PROTOCOL AND THE CONVENTION

This Protocol will supersede the Convention as between Contracting Parties to
this Protocol which are also Parties to the Convention.

ARTICLE 24
SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1 This Protocol shall be open for signature by any State at the Headquarters of
the Organization from 1 April 1997 to 31 March 1998 and shall thereafter remain
open for accession by any State.

2 States may become Contracting Parties to this Protocol by:

.1 signature not subject to ratification, acceptance or approval; or

.2 signature subject to ratification, acceptance or approval, followed by
ratification, acceptance or approval; or

.3 accession.

3 Ratification, acceptance, approval or accession shall be effected by the
deposit of an instrument to that effect with the Secretary-General.
ARTICLE 25
ENTRY INTO FORCE

1 This Protocol shall enter into force on the thirtieth day following the date
on which:

.1 at least 26 States have expressed their consent to be bound by this Protocol
in accordance with article 24; and

.2 at least 15 Contracting Parties to the Convention are included in the
number of States referred to in paragraph 1.1.

2 For each State that has expressed its consent to be bound by this Protocol in
accordance with article 24 following the date referred to in paragraph 1, this
Protocol shall enter into force on the thirtieth day after the date on which
such State expressed its consent.

ARTICLE 26
TRANSITIONAL PERIOD

1 Any State that was not a Contracting Party to the Convention before 31
December 1996 and that expresses its consent to be bound by this Protocol prior
to its entry into force or within five years after its entry into force may, at
the time it expresses its consent, notify the Secretary-General that, for
reasons described in the notification, it will not be able to comply with
specific provisions of this Protocol other than those provided in paragraph 2,
for a transitional period that shall not exceed that described in paragraph 4.

2 No notification made under paragraph 1 shall affect the obligations of a
Contracting Party to this Protocol with respect to incineration at sea or the
dumping of radioactive wastes or other radioactive matter.

3 Any Contracting Party to this Protocol that has notified the Secretary-General
under paragraph 1 that, for the specified transitional period, it will not be
able to comply, in part or in whole, with article 4.1 or article 9 shall
nonetheless during that period prohibit the dumping of wastes or other matter
for which it has not issued a permit, use its best efforts to adopt
administrative or legislative measures to ensure that issuance of permits and
permit conditions comply with the provisions of Annex 2, and notify the
Secretary-General of any permits issued.

4 Any transitional period specified in a notification made under paragraph 1
shall not extend beyond five years after such notification is submitted.

5 Contracting Parties that have made a notification under paragraph 1 shall
submit to the first Meeting of Contracting Parties occurring after deposit of
their instrument of ratification, acceptance, approval or accession a programme
and timetable to achieve full compliance with this Protocol, together with any
requests for relevant technical co-operation and assistance in accordance with
article 13 of this Protocol.

6 Contracting Parties that have made a notification under paragraph 1 shall
establish procedures and mechanisms for the transitional period to implement
and monitor submitted programmes designed to achieve full compliance with this
Protocol. A report on progress toward compliance shall be submitted by such
Contracting Parties to each Meeting of Contracting Parties held during their
transitional period for appropriate action.

ARTICLE 27
WITHDRAWAL

1 Any Contracting Party may withdraw from this Protocol at any time after the
expiry of two years from the date on which this Protocol enters into force for
that Contracting Party.

2 Withdrawal shall be effected by the deposit of an instrument of withdrawal
with the Secretary-General.

3 A withdrawal shall take effect one year after receipt by the
Secretary-General of the instrument of withdrawal or such longer period as may
be specified in that instrument.

ARTICLE 28
DEPOSITARY

1 This Protocol shall be deposited with the Secretary-General.

2 In addition to the functions specified in articles 10.5, 16.5, 21.4, 22.5 and
26.5, the Secretary-General shall:

.1 inform all States which have signed this Protocol or acceded thereto of:

.1 each new signature or deposit of an instrument of ratification, acceptance,
approval or accession, together with the date thereof;

.2 the date of entry into force of this Protocol; and

.3 the deposit of any instrument of withdrawal from this Protocol together with
the date on which it was received and the date on which the withdrawal takes
effect.

.2 transmit certified copies of this Protocol to all States which have signed
this Protocol or acceded thereto.

3 As soon as this Protocol enters into force, a certified true copy thereof
shall be transmitted by the Secretary-General to the Secretariat of the United
Nations for registration and publication in accordance with Article 102 of the
Charter of the United Nations.

ARTICLE 29
AUTHENTIC TEXTS

This Protocol is established in a single original in the Arabic, Chinese,
English, French, Russian and Spanish languages, each text being equally
authentic.
IN WITNESS WHEREOF the undersigned being duly authorized by their respective
Governments for that purpose have signed this Protocol.

DONE AT LONDON, this seventh day of November, one thousand nine hundred and
ninety-six.

ANNEX 1
WASTES OR OTHER MATTER THAT MAY BE CONSIDERED FOR DUMPING

1 The following wastes or other matter are those that may be considered for
dumping being mindful of the Objectives and General Obligations of this Protocol
set out in articles 2 and 3:

.1 dredged material;

.2 sewage sludge;

.3 fish waste, or material resulting from industrial fish processing operations;

.4 vessels and platforms or other man-made structures at sea;

.5 inert, inorganic geological material;

.6 organic material of natural origin; and

.7 bulky items primarily comprising iron, steel, concrete and similarly
unharmful materials for which the concern is physical impact, and limited to
those circumstances where such wastes are generated at locations, such as small
islands with isolated communities, having no practicable access to disposal
options other than dumping.

2 The wastes or other matter listed in paragraphs 1.4 and 1.7 may be considered
for dumping, provided that material capable of creating floating debris or
otherwise contributing to pollution of the marine environment has been removed
to the maximum extent and provided that the material dumped poses no serious
obstacle to fishing or navigation.

3 Notwithstanding the above, materials listed in paragraphs 1.1 to 1.7
containing levels of radioactivity greater than de minimis (exempt)
concentrations as defined by the IAEA and adopted by Contracting Parties, shall
not be considered eligible for dumping; provided further that within 25 years of
20 February 1994, and at each 25 year interval thereafter, Contracting Parties
shall complete a scientific study relating to all radioactive wastes and other
radioactive matter other than high level wastes or matter, taking into account
such other factors as Contracting Parties consider appropriate and shall review
the prohibition on dumping of such substances in accordance with the procedures
set forth in article 22.

ANNEX 2
ASSESSMENT OF WASTES OR OTHER MATTER THAT MAY BE CONSIDERED FOR DUMPING GENERAL

1 The acceptance of dumping under certain circumstances shall not remove the
obligations under this Annex to make further attempts to reduce the necessity
for dumping.

WASTE PREVENTION AUDIT

2 The initial stages in assessing alternatives to dumping should, as
appropriate, include an evaluation of:

.1 types, amounts and relative hazard of wastes generated;

.2 details of the production process and the sources of wastes within that
process; and

.3 feasibility of the following waste reduction/prevention techniques:

.1 product reformulation;

.2 clean production technologies;

.3 process modification;

.4 input substitution; and

.5 on-site, closed-loop recycling.

3 In general terms, if the required audit reveals that opportunities exist for
waste prevention at source, an applicant is expected to formulate and implement
a waste prevention strategy, in collaboration with relevant local and national
agencies, which includes specific waste reduction targets and provision for
further waste prevention audits to ensure that these targets are being met.
Permit issuance or renewal decisions shall assure compliance with any resulting
waste reduction and prevention requirements.

4 For dredged material and sewage sludge, the goal of waste management should be
to identify and control the sources of contamination. This should be achieved
through implementation of waste prevention strategies and requires collaboration
between the relevant local and national agencies involved with the control of
point and non-point sources of pollution. Until this objective is met, the
problems of contaminated dredged material may be addressed by using disposal
management techniques at sea or on land.

CONSIDERATION OF WASTE MANAGEMENT OPTIONS

5 Applications to dump wastes or other matter shall demonstrate that appropriate
consideration has been given to the following hierarchy of waste management
options, which implies an order of increasing environmental impact:

.1 re-use;

.2 off-site recycling;

.3 destruction of hazardous constituents;

.4 treatment to reduce or remove the hazardous constituents; and

.5 disposal on land, into air and in water.

6 A permit to dump wastes or other matter shall be refused if the permitting
authority determines that appropriate opportunities exist to re-use, recycle or
treat the waste without undue risks to human health or the environment or
disproportionate costs. The practical availability of other means of disposal
should be considered in the light of a comparative risk assessment involving
both dumping and the alternatives.

CHEMICAL, PHYSICAL AND BIOLOGICAL PROPERTIES

7 A detailed description and characterization of the waste is an essential
precondition for the consideration of alternatives and the basis for a decision
as to whether a waste may be dumped. If a waste is so poorly characterized that
proper assessment cannot be made of its potential impacts on human health and
the environment, that waste shall not be dumped.

8 Characterization of the wastes and their constituents shall take into account:

.1 origin, total amount, form and average composition;

.2 properties: physical, chemical, biochemical and biological;

.3 toxicity;

.4 persistence: physical, chemical and biological; and

.5 accumulation and biotransformation in biological materials or sediments.

ACTION LIST

9 Each Contracting Party shall develop a national Action List to provide a
mechanism for screening candidate wastes and their constituents on the basis of
their potential effects on human health and the marine environment. In selecting
substances for consideration in an Action List, priority shall be given to
toxic, persistent and bioaccumulative substances from anthropogenic sources
(e.g., cadmium, mercury, organohalogens, petroleum hydrocarbons, and, whenever
relevant, arsenic, lead, copper, zinc, beryllium, chromium, nickel and vanadium,
organosilicon compounds, cyanides, fluorides and pesticides or their by-products
other than organohalogens). An Action List can also be used as a trigger
mechanism for further waste prevention considerations.

10 An Action List shall specify an upper level and may also specify a lower
level. The upper level should be set so as to avoid acute or chronic effects on
human health or on sensitive marine organisms representative of the marine
ecosystem. Application of an Action List will result in three possible
categories of waste:

.1 wastes which contain specified substances, or which cause biological
responses, exceeding the relevant upper level shall not be dumped, unless made
acceptable for dumping through the use of management techniques or processes;
.2 wastes which contain specified substances, or which cause biological
responses, below the relevant lower levels should be considered to be of little
environmental concern in relation to dumping; and

.3 wastes which contain specified substances, or which cause biological
responses, below the upper level but above the lower level require more detailed
assessment before their suitability for dumping can be determined.

DUMP-SITE SELECTION

11 Information required to select a dump-site shall include:

.1 physical, chemical and biological characteristics of the water-column and the
seabed;

.2 location of amenities, values and other uses of the sea in the area under
consideration;

.3 assessment of the constituent fluxes associated with dumping in relation to
existing fluxes of substances in the marine environment; and

.4 economic and operational feasibility.

ASSESSMENT OF POTENTIAL EFFECTS

12 Assessment of potential effects should lead to a concise statement of the
expected consequences of the sea or land disposal options, i.e., the “Impact
Hypothesis”. It provides a basis for deciding whether to approve or reject the
proposed disposal option and for defining environmental monitoring requirements.

13 The assessment for dumping should integrate information on waste
characteristics, conditions at the proposed dump-site(s), fluxes, and proposed
disposal techniques and specify the potential effects on human health, living
resources, amenities and other legitimate uses of the sea. It should define the
nature, temporal and spatial scales and duration of expected impacts based on
reasonably conservative assumptions.

14 An analysis of each disposal option should be considered in the light of a
comparative assessment of the following concerns: human health risks,
environmental costs, hazards, (including accidents), economics and exclusion of
future uses. If this assessment reveals that adequate information is not
available to determine the likely effects of the proposed disposal option then
this option should not be considered further. In addition, if the interpretation
of the comparative assessment shows the dumping option to be less
preferable, a permit for dumping should not be given.

15 Each assessment should conclude with a statement supporting a decision to
issue or refuse a permit for dumping.

MONITORING

16 Monitoring is used to verify that permit conditions are met – compliance
monitoring – and that the assumptions made during the permit review and site
selection process were correct and sufficient to protect the environment and
human health – field monitoring. It is essential that such monitoring programmes have clearly defined objectives.

PERMIT AND PERMIT CONDITIONS

17 A decision to issue a permit should only be made if all impact evaluations
are completed and the monitoring requirements are determined. The provisions of
the permit shall ensure, as far as practicable, that environmental disturbance
and detriment are minimized and the benefits maximized. Any permit issued shall
contain data and information specifying:

.1 the types and sources of materials to be dumped;

.2 the location of the dump-site(s);

.3 the method of dumping; and

.4 monitoring and reporting requirements.

18 Permits should be reviewed at regular intervals, taking into account the
results of monitoring and the objectives of monitoring programmes. Review of
monitoring results will indicate whether field programmes need to be continued,
revised or terminated and will contribute to informed decisions regarding the
continuance, modification or revocation of permits. This provides an important
feedback mechanism for the protection of human health and the marine
environment.

ANNEX 3
ARBITRAL PROCEDURE

Article 1

1 An Arbitral Tribunal (hereinafter referred to as the “Tribunal”) shall be
established upon the request of a Contracting Party addressed to another
Contracting Party in application of article 16 of this Protocol. The request for
arbitration shall consist of a statement of the case together with any
supporting documents.

2 The requesting Contracting Party shall inform the Secretary-General of:

.1 its request for arbitration; and

.2 the provisions of this Protocol the interpretation or application of which
is, in its opinion, the subject of disagreement.

3 The Secretary-General shall transmit this information to all Contracting
States.

Article 2

1 The Tribunal shall consist of a single arbitrator if so agreed between the
parties to the dispute within 30 days from the date of receipt of the request
for arbitration.
2 In the case of the death, disability or default of the arbitrator, the parties
to a dispute may agree upon a replacement within 30 days of such death,
disability or default.

Article 3

1 Where the parties to a dispute do not agree upon a Tribunal in accordance with
article 2 of this Annex, the Tribunal shall consist of three members:

.1 one arbitrator nominated by each party to the dispute; and

.2 a third arbitrator who shall be nominated by agreement between the two first
named and who shall act as its Chairman.

2 If the Chairman of a Tribunal is not nominated within 30 days of nomination of
the second arbitrator, the parties to a dispute shall, upon the request of one
party, submit to the Secretary-General within a further period of 30 days an
agreed list of qualified persons. The Secretary-General shall select the
Chairman from such list as soon as possible. He shall not select a Chairman who
is or has been a national of one party to the dispute except with the consent of
the other party to the dispute.

3 If one party to a dispute fails to nominate an arbitrator as provided in
paragraph 1.1 within 60 days from the date of receipt of the request for
arbitration, the other party may request the submission to the Secretary-General
within a period of 30 days of an agreed list of qualified persons. The
Secretary-General shall select the Chairman of the Tribunal from such list as
soon as possible. The Chairman shall then request the party which has not
nominated an arbitrator to do so. If this party does not nominate an arbitrator
within 15 days of such request, the Secretary-General shall, upon request of the
Chairman, nominate the arbitrator from the agreed list of qualified persons.

4 In the case of the death, disability or default of an arbitrator, the party to
the dispute who nominated him shall nominate a replacement within 30 days of
such death, disability or default. If the party does not nominate a replacement,
the arbitration shall proceed with the remaining arbitrators. In the case of the
death, disability or default of the Chairman, a replacement shall be nominated
in accordance with the provision of paragraphs 1.2 and 2 within 90 days of such
death, disability or default.

5 A list of arbitrators shall be maintained by the Secretary-General and
composed of qualified persons nominated by the Contracting Parties. Each
Contracting Party may designate for inclusion in the list four persons who shall
not necessarily be its nationals. If the parties to the dispute have failed
within the specified time limits to submit to the Secretary-General an agreed
list of qualified persons as provided for in paragraphs 2, 3 and 4, the
Secretary-General shall select from the list maintained by him the arbitrator or
arbitrators not yet nominated.

Article 4

The Tribunal may hear and determine counter-claims arising directly out of the
subject matter of the dispute.

Article 5

Each party to the dispute shall be responsible for the costs entailed by the
preparation of its own case. The remuneration of the members of the Tribunal and
of all general expenses incurred by the arbitration shall be borne equally by
the parties to the dispute. The Tribunal shall keep a record of all its expenses
and shall furnish a final statement thereof to the parties.

Article 6

Any Contracting Party which has an interest of a legal nature which may be
affected by the decision in the case may, after giving written notice to the
parties to the dispute which have originally initiated the procedure, intervene
in the arbitration procedure with the consent of the Tribunal and at its own
expense. Any such intervenor shall have the right to present evidence, briefs
and oral argument on the matters giving rise to its intervention, in accordance
with procedures established pursuant to article 7 of this Annex, but shall have
no rights with respect to the composition of the Tribunal.

Article 7

A Tribunal established under the provisions of this Annex shall decide its own
rules of procedure.

Article 8

1 Unless a Tribunal consists of a single arbitrator, decisions of the Tribunal
as to its procedure, its place of meeting, and any question related to the
dispute laid before it, shall be taken by majority vote of its members. However,
the absence or abstention of any member of the Tribunal who was nominated by a
party to the dispute shall not constitute an impediment to the Tribunal reaching
a decision. In case of equal voting, the vote of the Chairman shall be decisive.

2 The parties to the dispute shall facilitate the work of the Tribunal and in
particular shall, in accordance with their legislation and using all means at
their disposal:

.1 provide the Tribunal with all necessary documents and information; and

.2 enable the Tribunal to enter their territory, to hear witnesses or experts,
and to visit the scene.

3 The failure of a party to the dispute to comply with the provisions of
paragraph 2 shall not preclude the Tribunal from reaching a decision and
rendering an award.

Article 9

The Tribunal shall render its award within five months from the time it is
established unless it finds it necessary to extend that time limit for a period
not to exceed five months. The award of the Tribunal shall be accompanied by a
statement of reasons for the decision. It shall be final and without appeal and
shall be communicated to the Secretary-General who shall inform the Contracting
Parties. The parties to the dispute shall immediately comply with the award.