United Nations Convention on the Law of the Sea

United Nations Convention on the Law of the Sea in United States

United Nations Convention on the Law of the Sea

Signed at Montego Bay, Jamaica, 10 December 1982

Entry into force: 16 November 1994

The States Parties to this Convention,

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

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

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

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

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
sea-bed 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, co-operation 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:

PART I

INTRODUCTION

Article 1
Use of terms and scope

1. For the purposes of this Convention:
(1) “Area” means the sea-bed and ocean floor and subsoil thereof beyond
the limits of national jurisdiction;
(2) “Authority” means the International Sea-Bed Authority;
(3) “activities in the Area” means all activities of exploration for, and
exploitation of, the resources of the Area;
(4) “pollution of the marine environment” means the introduction by man,
directly or indirectly, of substances or energy into the marine
environment, including estuaries, which results or is likely to
result in such deleterious effects as harm to living resources and
marine life, hazards to human health, hindrance to marine activities,
including fishing and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
(5) (a) “dumping” means:
(i) any deliberate disposal of wastes or other matter from
vessels, aircraft, platforms or other man-made structures at
sea;
(ii) any deliberate disposal of vessels, aircraft, platforms or
other man-made structures at sea
(b) “dumping” does not include:
(i) the disposal of wastes or other matter incidental to, or
derived from the normal operations of vessels, aircraft,
platforms or other man-made structures at sea and their
equipment, other than wastes or other matter transported by or
to vessels, aircraft, platforms or other man-made structures at
sea, operating for the purpose of disposal of such matter or
derived from the treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
(ii) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not contrary
to the aims of this Convention.

2. (1) “States Parties” means States which have consented to be bound by
this Convention and for which this Convention is in force.
(2) This Convention applies mutatis mutandis to the entities referred to
in article 305, paragraph 1(b), (c), (d), (e) and (f), which become
Parties to this Convention in accordance with the conditions
relevant to each, and to that extent “States Parties” refers to
those entities.

PART II
TERRITORIAL SEA AND CONTIGUOUS ZONE

SECTION 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

1. The sovereignty of a coastal State extends, beyond its land territory
and internal waters and, in the case of an archipelagic State, its
archipelagic waters, to an adjacent belt of sea, described as the
territorial sea.

2. This sovereignty extends to the air space over the territorial sea as
well as to Its bed and subsoil.

3. The sovereignty over the territorial sea is exercised subject to this
Convention and to other rules of international law.

SECTION 2. LIMITS OF THE TERRITORIAL SEA

Article 3
Breadth of the territorial sea

Every State has the right to establish the breadth of its territorial sea
up to a limit not exceeding 12 nautical miles, measured from baselines
determined in accordance with this Convention.

Article 4
Outer limit of the territorial sea

The outer limit of the territorial sea is the line every point of which is
at a distance from the nearest point of the baseline equal to the breadth
of the territorial sea.

Article 5
Normal baseline

Except where otherwise provided in this Convention, the normal baseline for
measuring the breadth of the territorial sea is the low-water line along
the coast as marked on large-scale charts officially recognized by the
coastal State.

Article 6
Reefs

In the case of islands situated on atolls or of islands having fringing
reefs, the baseline for measuring the breadth of the territorial sea is the
seaward low-water line of the reef, as shown by the appropriate symbol on
charts officially recognized by the coastal State.

Article 7
Straight baselines

1. In localities where the coastline is deeply indented and cut into, or if
there is a fringe of islands along the coast in its immediate vicinity, the
method of straight baselines joining appropriate points may be employed in
drawing the baseline from which the breadth of the territorial sea is
measured.

2. Where because of the presence of a delta and other natural conditions
the coastline is highly unstable, the appropriate points may be selected
along the furthest seaward extent of the low-water line and,
notwithstanding subsequent regression of the low-water line, the straight
baselines shall remain effective until changed by the coastal State in
accordance with this Convention.

3. The drawing of straight baselines must not depart to any appreciable
extent from the general direction of the coast, and the sea areas lying
within the lines must be sufficiently closely linked to the land domain to
be subject to the regime of internal waters.

4. Straight baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above sea
level have been built on them or except in instances where the drawing of
baselines to and from such elevations has received general international
recognition.

5. Where the method of straight baselines is applicable under paragraph 1,
account may be taken, in determining particular baselines, of economic
interests peculiar to the region concerned, the reality and the importance
of which are clearly evidenced by long usage.

6. The system of straight baselines may not be applied by a State in such a
manner as to cut off the territorial sea of another State from the high
seas or an exclusive economic zone.

Article 8
Internal waters

1. Except as provided in Part IV, waters on the landward side of the
baseline of the territorial sea form part of the internal waters of the
State.

2. Where the establishment of a straight baseline in accordance with the
method set forth in article 7 has the effect of enclosing as internal
waters areas which had not previously been considered as such, a right of
innocent passage as provided in this Convention shall exist in those
waters.

Article 9
Mouths of rivers

If a river flows directly into the sea, the baseline shall be a straight
line across the mouth of the river between points on the low-water line of
its banks.

Article 10
Bays

1. This article relates only to bays the coasts of which belong to a single
State.

2. For the purposes of this Convention, a bay is a well-marked indentation
whose penetration is in such proportion to the width of its mouth as to
contain land-locked waters and constitute more than a mere curvature of the
coast. An indentation shall not, however, be regarded as a bay unless its
area is as large as, or larger than, that of the semi-circle whose diameter
is a line drawn across the mouth of that indentation.

3. For the purpose of measurement, the area of an indentation is that lying
between the low-water mark around the shore of the indentation and a line
joining the low-water mark of its natural entrance points. Where, because
of the presence of islands, an indentation has more than one mouth, the
semicircle shall be drawn on a line as long as the sum total of the lengths
of the lines across the different mouths. Islands within an indentation
shall be included as if they were part of the water area of the
indentation.

4. If the distance between the low-water marks of the natural entrance
points of a bay does not exceed 24 nautical miles, a closing line may be
drawn between these two low-water marks, and the waters enclosed thereby
shall be considered as internal waters.

5. Where the distance between the low-water marks of the natural entrance
points of a bay exceeds 24 nautical miles, a straight baseline of 24
nautical miles shall be drawn within the bay in such a manner as to enclose
the maximum area of water that is possible with a line of that length.
6. The foregoing provisions do not apply to so-called “historic” bays, or
in any case where the system of straight baselines provided for in article
7 is applied.

Article 11
Ports

For the purpose of delimiting the territorial sea, the outermost permanent
harbour works which form an integral part of the harbour system are
regarded as forming part of the coast. Off-shore installations and
artificial islands shall not be considered as permanent harbour works.

Article 12
Roadsteads

Roadsteads which are normally used for the loading, unloading and anchoring
of ships, and which would otherwise be situated wholly or partly outside
the outer limit of the territorial sea, are included in the territorial
sea.

Article 13
Low-tide elevations

1. A low-tide elevation is a naturally formed area of land which is
surrounded by and above water at low tide but submerged at high tide. Where
a low-tide elevation is situated wholly or partly at a distance not
exceeding the breadth of the territorial sea from the mainland or an
island, the low-water line on that elevation may be used as the baseline
for measuring the breadth of the territorial sea.

2. Where a low-tide elevation is wholly situated at a distance exceeding
the breadth of the territorial sea from the mainland or an island, it has
no territorial sea of its own.

Article 14
Combination of methods for determining baselines

The coastal State may determine baselines in turn by any of the methods
provided for in the foregoing articles to suit different conditions.

Article 15
Delimitation of the territorial sea
between States with opposite or adjacent coasts

Where the coasts of two States are opposite or adjacent to each other,
neither of the two States is entitled, failing agreement between them to
the contrary, to extend its territorial sea beyond the median line every
point of which is equidistant from the nearest points on the baselines from
which the breadth of the territorial seas of each of the two States is
measured. The above provision does not apply, however, where it is
necessary by reason of historic title or other special circumstances to
delimit the territorial seas of the two States in a way which is at
variance therewith.

Article 16
Charts and lists of geographical co-ordinates

1. The baselines for measuring the breadth of the territorial sea
determined in accordance with articles 7, 9 and 10, or the limits derived
therefrom, and the lines of delimitation drawn in accordance with articles
12 and 15 shall be shown on charts of a scale or scales adequate for
ascertaining their position. Alternatively, a list of geographical
co-ordinates of points, specifying the geodetic datum, may be substituted.

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

SECTION 3. INNOCENT PASSAGE
IN THE TERRITORIAL SEA

SUBSECTION A. RULES APPLICABLE TO ALL SHIPS

Article 17
Right of innocent passage

Subject to this Convention, ships of all States, whether coastal or
land-locked, enjoy the right of innocent passage through the territorial
sea.

Article 18
Meaning of passage

1. Passage means navigation through the territorial sea for the purpose of:
(a) traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead or
port facility.

2. Passage shall be continuous and expeditious. However, passage includes
stopping and anchoring, but only in so far as the same are incidental to
ordinary navigation or are rendered necessary by force majeure or distress
or for the purpose of rendering assistance to persons, ships or aircraft in
danger or distress.

Article 19
Meaning of innocent passage

1. Passage is innocent so long as it is not prejudicial to the peace, good
order or security of the coastal State. Such passage shall take place in
conformity with this Convention and with other rules of international law.

2. Passage of a foreign ship shall be considered to be prejudicial to the
peace, good order or security of the coastal State if in the territorial
sea it engages in any of the following activities:

(a) any threat or use of force against the sovereignty, territorial
integrity or political independence of the coastal State, or in any
other manner in violation of the principles of international law
embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the
defence or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of
the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person
contrary to the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State;
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of communication or any
other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.

Article 20
Submarines and other underwater vehicles

In the territorial sea, submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.

Article 21
Laws and regulations of the coastal State relating to
innocent passage

1. The coastal State may adopt laws and regulations, in conformity with the
provisions of this Convention and other rules of international law,
relating to innocent passage through the territorial sea, in respect of all
or any of the following:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other
facilities or installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations
of the coastal State;
(f) the preservation of the environment of the coastal State and the
prevention, reduction and control of pollution thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration or
sanitary laws and regulations of the coastal State.

2. Such laws and regulations shall not apply to the design, construction,
manning or equipment of foreign ships unless they are giving effect to
generally accepted international rules or standards.

3. The coastal State shall give due publicity to all such laws and
regulations.

4. Foreign ships exercising the right of innocent passage through the
territorial sea shall comply with all such laws and regulations and all
generally accepted international regulations relating to the prevention of
collisions at sea.

Article 22
Sea lanes and traffic separation schemes
in the territorial sea

1. The coastal State may, where necessary having regard to the safety of
navigation, require foreign ships exercising the right of innocent passage
through its territorial sea to use such sea lanes and traffic separation
schemes as it may designate or prescribe for the regulation of the passage
of ships.

2. In particular, tankers, nuclear-powered ships and ships carrying nuclear
or other inherently dangerous or noxious substances or materials may be
required to confine their passage to such sea lanes.

3. In the designation of sea lanes and the prescription of traffic
separation schemes under this article, the coastal State shall take into
account:
(a) the recommendations of the competent international organization;
(b) any channels customarily used for international navigation;
(c) the special characteristics of particular ships and channels; and
(d) the density of traffic.

4. The coastal State shall clearly indicate such sea lanes and traffic
separation schemes on charts to which due publicity shall be given.

Article 23
Foreign nuclear-powered ships and ships carrying nuclear or
other inherently dangerous or noxious substances

Foreign nuclear-powered ships and ships carrying nuclear or other
inherently dangerous or noxious substances shall, when exercising the right
of innocent passage through the territorial sea, carry documents and
observe special precautionary measures established for such ships by
international agreements.

Article 24
Duties of the coastal State

1. The coastal State shall not hamper the innocent passage of foreign ships
through the territorial sea except in accordance with this Convention. In
particular, in the application of this Convention or of any laws or
regulations adopted in conformity with this Convention, the coastal State
shall not:
(a) impose requirements on foreign ships which have the practical effect
of denying or impairing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State or
against ships carrying cargoes to, from or on behalf of any State.

2. The coastal State shall give appropriate publicity to any danger to
navigation, of which it has knowledge, within its territorial sea.

Article 25
Rights of protection of the coastal State

1. The coastal State may take the necessary steps in its territorial sea to
prevent passage which is not innocent.

2. In the case of ships proceeding to internal waters or a call at a port
facility outside internal waters, the coastal State also has the right to
take the necessary steps to prevent any breach of the conditions to which
admission of those ships to internal waters or such a call is subject.

3. The coastal State may, without discrimination in form or in fact among
foreign ships, suspend temporarily in specified areas of its territorial
sea the innocent passage of foreign ships if such suspension is essential
for the protection of its security, including weapons exercises. Such
suspension shall take effect only after having been duly published.

Article 26
Charges which may be levied upon foreign ships

1. No charge may be levied upon foreign ships by reason only of their
passage through the territorial sea.

2. Charges may be levied upon a foreign ship passing through the
territorial sea as payment only for specific services rendered to the ship.
These charges shall be levied without discrimination.

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

Article 27
Criminal jurisdiction on board a foreign ship

1. The criminal jurisdiction of the coastal State should not be exercised
on board a foreign ship passing through the territorial sea to arrest any
person or to conduct any investigation in connection with any crime
committed on board the ship during its passage, save only in the following
cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the
good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the
master of the ship or by a diplomatic agent or consular officer of
the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic
in narcotic drugs or psychotropic substances.

2. The above provisions do not affect the right of the coastal State to
take any steps authorized by its laws for the purpose of an arrest or
investigation on board a foreign ship passing through the territorial sea
after leaving internal waters.

3. In the cases provided for in paragraphs 1 and 2, the coastal State
shall, if the master so requests, notify a diplomatic agent or consular
officer of the flag State before taking any steps, and shall facilitate
contact between such agent or officer and the ship’s crew. In cases of
emergency this notification may be communicated while the measures are
being taken.

4. In considering whether or in what manner an arrest should be made, the
local authorities shall have due regard to the interests of navigation.

5. Except as provided in Part XII or with respect to violations of laws and
regulations adopted in accordance with Part V, the coastal State may not
take any steps on board a foreign ship passing through the territorial sea
to arrest any person or to conduct any investigation in connection with any
crime committed before the ship entered the territorial sea, if the ship,
proceeding from a foreign port, is only passing through the territorial sea
without entering internal waters.

Article 28
Civil jurisdiction in relation to foreign ships

1. The coastal State should not stop or divert a foreign ship passing
through the territorial sea for the purpose of exercising civil
jurisdiction in relation to a person on board the ship.

2. The coastal State may not levy execution against or arrest the ship for
the purpose of any civil proceedings, save only in respect of obligations
or liabilities assumed or incurred by the ship itself in the course or for
the purpose of its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in
accordance with its laws, to levy execution against or to arrest, for the
purpose of any civil proceedings, a foreign ship lying in the territorial
sea, or passing through the territorial sea after leaving internal waters.

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

Article 29
Definition of warships

For the purposes of this Convention, “warship” means a ship belonging to
the armed forces of a State bearing the external marks distinguishing such
ships of its nationality, under the command of an officer duly commissioned
by the government of the State and whose name appears in the appropriate
service list or its equivalent, and manned by a crew which is under regular
armed forces discipline.

Article 30
Non-compliance by warships with the laws and
regulations of the coastal State

If any warship does not comply with the laws and regulations of the coastal
State concerning passage through the territorial sea and disregards any
request for compliance therewith which is made to it, the coastal State may
require it to leave the territorial sea immediately.

Article 31
Responsibility of the flag State for damage caused by a
warship or other government ship operated for
non-commercial purposes

The flag State shall bear international responsibility for any loss or
damage to the coastal State resulting from the non-compliance by a warship
or other government ship operated for non-commercial purposes with the laws
and regulations of the coastal State concerning passage through the
territorial sea or with the provisions of this Convention or other rules of
international law.

Article 32
Immunities of warships and other government ships operated
for non-commercial purposes

With such exceptions as are contained in subsection A and in articles 30
and 31, nothing in this Convention affects the immunities of warships and
other government ships operated for non-commercial purposes.

SECTION 4. CONTIGUOUS ZONE

Article 33
Contiguous zone

1. In a zone contiguous to its territorial sea, described as the contiguous
zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary
laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed
within its territory or territorial sea.

2. The contiguous zone may riot extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is measured.

PART III

STRAITS USED FOR INTERNATIONAL NAVIGATION

SECTION 1. GENERAL PROVISIONS

Article 34
Legal status of waters forming straits used for
international navigation

1. The regime of passage through straits used for international navigation
established in this Part shall not in other respects affect the legal
status of the waters forming such straits or the exercise by the States
bordering the straits of their sovereignty or jurisdiction over such waters
and their air space, bed and subsoil.

2. The sovereignty or jurisdiction of the States bordering the straits is
exercised subject to this Part and to other rules of international law.

Article 35
Scope of this Part

Nothing in this Part affects:
(a) any areas of internal waters within a strait, except where the
establishment of a straight baseline in accordance with the method
set forth in article 7 has the effect of enclosing as internal waters
areas which had not previously been considered as such;
(b) the legal status of the waters beyond the territorial seas of States
bordering straits as exclusive economic zones or high seas; or
(c) the legal regime in straits in which passage is regulated in whole or
in part by long-standing international conventions in force
specifically relating to such straits.

Article 36
High seas routes or routes through exclusive economic zones
through straits used for international navigation

This Part does not apply to a strait used for international navigation if
there exists through the strait a route through the high seas or through an
exclusive economic zone of similar convenience with respect to navigational
and hydrographical characteristics; in such routes, the other relevant
Parts of this Convention, including the provisions regarding the freedoms
of navigation and overflight, apply.

SECTION 2. TRANSIT PASSAGE

Article 37
Scope of this section

This section applies to straits which are used for international navigation
between one part of the high seas or an exclusive economic zone and another
part of the high seas or an exclusive economic zone.

Article 38
Right of transit passage

1. In straits referred to in article 37, all ships and aircraft enjoy the
right of transit passage, which shall not be impeded; except that, if the
strait is formed by an island of a State bordering the strait and its
mainland, transit passage shall not apply if there exists seaward of the
island a route through the high seas or through an exclusive economic zone
of similar convenience with respect to navigational and hydrographical
characteristics.

2. Transit passage means the exercise in accordance with this Part of the
freedom of navigation and overflight solely for the purpose of continuous
and expeditious transit of the strait between one part of the high seas or
an exclusive economic zone and another part of the high seas or an
exclusive economic zone. However, the requirement of continuous and
expeditious transit does not preclude passage through the strait for the
purpose of entering, leaving or returning from a State bordering the
strait, subject to the conditions of entry to that State.

3. Any activity which is not an exercise of the right of transit passage
through a strait remains subject to the other applicable provisions of this
Convention.

Article 39
Duties of ships and aircraft during transit passage

1. Ships and aircraft, while exercising the right of transit passage,
shall:
(a) proceed without delay through or over the strait;
(b) refrain from any threat or use of force against the sovereignty,
territorial integrity or political independence of States bordering
the strait, or in any other manner in violation of the principles of
international law embodied in the Charter of the United Nations;
(c) refrain from any activities other than those incident to their normal
modes of continuous and expeditious transit unless rendered necessary
by force majeure or by distress;
(d) comply with other relevant provisions of this Part.

2. Ships in transit passage shall:
(a) comply with generally accepted international regulations, procedures
and practices for safety at sea, including the International
Regulations for Preventing Collisions at Sea;
(b) comply with generally accepted international regulations, procedures
and practices for the prevention, reduction and control of pollution
from ships.

3. Aircraft in transit passage shall:
(a) observe the Rules of the Air established by the International Civil
Aviation Organization as they apply to civil aircraft; state aircraft
will normally comply with such safety measures and will at all times
operate with due regard for the safety of navigation;
(b) at all times monitor the radio frequency assigned by the competent
internationally designated air traffic control authority or the
appropriate international distress radio frequency.

Article 40
Research and survey activities

During transit passage, foreign ships, including marine scientific research
and hydrographic survey ships, may not carry out any research or survey
activities without the prior authorization of the States bordering straits.

Article 41
Sea lanes and traffic separation schemes in straits used for
international navigation

1. In conformity with this Part, States bordering straits may designate sea
lanes and prescribe traffic separation schemes for navigation in straits
where necessary to promote the safe passage of ships.

2. Such States may, when circumstances require, and after giving due
publicity thereto, substitute other sea lanes or traffic separation schemes
for any sea lanes or traffic separation schemes previously designated or
prescribed by them.

3. Such sea lanes and traffic separation schemes shall conform to generally
accepted international regulations.

4. Before designating or substituting sea lanes or prescribing or
substituting traffic separation schemes, States bordering straits shall
refer proposals to the competent international organization with a view to
their adoption. The organization may adopt only such sea lanes and traffic
separation schemes as may be agreed with the States bordering the straits,
after which the States may designate, prescribe or substitute them.

5. In respect of a strait where sea lanes or traffic separation schemes
through the waters of two or more States bordering the strait are being
proposed, the States concerned shall co-operate in formulating proposals in
consultation with the competent international organization.

6. States bordering straits shall clearly indicate all sea lanes and
traffic separation schemes designated or prescribed by them on charts to
which due publicity shall be given.

7. Ships in transit passage shall respect applicable sea lanes and traffic
separation schemes established in accordance with this article.

Article 42
Laws and regulations of States bordering straits
relating to transit passage

1. Subject to the provisions of this section, States bordering straits may
adopt laws and regulations relating to transit passage through straits, in
respect of all or any of the following:

(a) the safety of navigation and the regulation of maritime traffic, as
provided in article 41;
(b) the prevention, reduction and control of pollution, by giving effect
to applicable international regulations regarding the discharge of
oil, oily wastes and other noxious substances in the strait;
(c) with respect to fishing vessels, the prevention of fishing, including
the stowage of fishing gear;
(d) the loading or unloading of any commodity, currency or person in
contravention of the customs, fiscal, immigration or sanitary laws
and regulations of States bordering straits.

2. Such laws and regulations shall not discriminate in form or in fact
among foreign ships or in their application have the practical effect of
denying, hampering or impairing the right of transit passage as defined in
this section.

3. States bordering straits shall give due publicity to all such laws and
regulations.

4. Foreign ships exercising the right of transit passage shall comply with
such laws and regulations.

5. The flag State of a ship or the State of registry of an aircraft
entitled to sovereign immunity which acts in a manner contrary to such laws
and regulations or other provisions of this Part shall bear international
responsibility for any loss or damage which results to States bordering
straits.

Article 43
Navigational and safety aids and other improvements and the
prevention, reduction and control of pollution

User States and States bordering a strait should by agreement co-operate:

(a) in the establishment and maintenance in a strait of necessary
navigational and safety aids or other improvements in aid of
international navigation; and
(b) for the prevention, reduction and control of pollution from ships.

Article 44
Duties of States bordering straits

States bordering straits shall not hamper transit passage and shall give
appropriate publicity to any danger to navigation or overflight within or
over the strait of which they have knowledge. There shall be no suspension
of transit passage.

SECTION 3. INNOCENT PASSAGE

Article 45
Innocent passage

1. The regime of innocent passage, in accordance with Part II, section 3
shall apply in straits used for international navigation:
(a) excluded from the application of the regime of transit passage under
article 38, paragraph 1; or
(b) between a part of the high seas or an exclusive economic zone and the
territorial sea of a foreign State.

2. There shall be no suspension of innocent passage through such straits.

PART IV

ARCHIPELAGIC STATES

Article 46
Use of terms

For the purposes of this Convention:
(a) “archipelagic State” means a State constituted wholly by one or more
archipelagos and may include other islands;
(b) “archipelago” means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so
closely interrelated that such islands, waters and other natural
features form an intrinsic geographical, economic and political
entity, or which historically have been regarded as such.

Article 47
Archipelagic baselines

1. An archipelagic State may draw straight archipelagic baselines joining
the outermost points of the outermost islands and drying reefs of the
archipelago provided that within such baselines are included the main
islands and an area in which the ratio of the area of the water to the area
of the land, including atolls, is between 1 to 1 and 9 to 1.

2. The length of such baselines shall not exceed 100 nautical miles, except
that up to 3 per cent of the total number of baselines enclosing any
archipelago may exceed that length, up to a maximum length of 125 nautical
miles.

3. The drawing of such baselines shall not depart to any appreciable extent
from the general configuration of the archipelago.

4. Such baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above sea
level have been built on them or where a low-tide elevation is situated
wholly or partly at a distance not exceeding the breadth of the territorial
sea from the nearest island.

5. The system of such baselines shall not be applied by an archipelagic
State in such a manner as to cut off from the high seas or the exclusive
economic zone the territorial sea of another State.

6. If a part of the archipelagic waters of an archipelagic State lies
between two parts of an immediately adjacent neighbouring State, existing
rights and all other legitimate interests which the latter State has
traditionally exercised in such waters and all rights stipulated by
agreement between those States shall continue and be respected.

7. For the purpose of computing the ratio of water to land under paragraph
1, land areas may include waters lying within the fringing reefs of islands
and atolls, including that part of a steep-sided oceanic plateau which is
enclosed or nearly enclosed by a chain of limestone islands and drying
reefs lying on the perimeter of the plateau.

8. The baselines drawn in accordance with this article shall be shown on
charts of a scale or scales adequate for ascertaining their position.
Alternatively, lists of geographical co-ordinates of points, specifying the
geodetic datum, may be substituted.

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

Article 48
Measurement of the breadth of the territorial sea, the
contiguous zone, the exclusive economic zone and the
continental shelf

The breadth of the territorial sea, the contiguous zone, the exclusive
economic zone and the continental shelf shall be measured from archipelagic
baselines drawn in accordance with article 47.

Article 49
Legal status of archipelagic waters, of the air space over
archipelagic waters and of their bed and subsoil

1. The sovereignty of an archipelagic State extends to the waters enclosed
by the archipelagic baselines drawn in accordance with article 47,
described as archipelagic waters, regardless of their depth or distance
from the coast.

2. This sovereignty extends to the air space over the archipelagic waters,
as well as to their bed and subsoil, and the resources contained therein.

3. This sovereignty is exercised subject to this Part.

4. The regime of archipelagic sea lanes passage established in this Part
shall not in other respects affect the status of the archipelagic waters,
including the sea lanes, or the exercise by the archipelagic State of its
sovereignty over such waters and their air space, bed and subsoil, and the
resources contained therein.

Article 50
Delimitation of internal waters

Within its archipelagic waters, the archipelagic State may draw closing
lines for the delimitation of internal waters, in accordance with articles
9, 10 and 11.

Article 51
Existing agreements, traditional fishing rights and existing
submarine cables

1. Without prejudice to article 49, an archipelagic State shall respect
existing agreements with other States and shall recognize traditional
fishing rights and other legitimate activities of the immediately adjacent
neighbouring States in certain areas falling within archipelagic waters.
The terms and conditions for the exercise of such rights and activities,
including the nature, the extent and the areas to which they apply, shall,
at the request of any of the States concerned, be regulated by bilateral
agreements between them. Such rights shall not be transferred to or shared
with third States or their nationals.

2. An archipelagic State shall respect existing submarine cables laid by
other States and passing through its waters without making a landfall. An
archipelagic State shall permit the maintenance and replacement of such
cables upon receiving due notice of their location and the intention to
repair or replace them.

Article 52
Right of innocent passage

1. Subject to article 53 and without prejudice to article 50, ships of all
States enjoy the right of innocent passage through archipelagic waters, in
accordance with Part II, section 3.

2. The archipelagic State may, without discrimination in form or in fact
among foreign ships, suspend temporarily in specified areas of its
archipelagic waters the innocent passage of foreign ships if such
suspension is essential for the protection of its security. Such suspension
shall take effect only after having been duly published.

Article 53
Right of archipelagic sea lanes passage

1. An archipelagic State may designate sea lanes and air routes thereabove,
suitable for the continuous and expeditious passage of foreign ships and
aircraft through or over its archipelagic waters and the adjacent
territorial sea.

2. All ships and aircraft enjoy the right of archipelagic sea lanes passage
in such sea lanes and air routes.

3. Archipelagic sea lanes passage means the exercise in accordance with
this Convention of the rights of navigation and overflight in the normal
mode solely for the purpose of continuous, expeditious and unobstructed
transit between one part of the high seas or an exclusive economic zone and
another part of the high seas or an exclusive economic zone.

4. Such sea lanes and air routes shall traverse the archipelagic waters and
the adjacent territorial sea and shall include all normal passage routes
used as routes for international navigation or overflight through or over
archipelagic waters and, within such routes, so far as ships are concerned,
all normal navigational channels, provided that duplication of routes of
similar convenience between the same entry and exit points shall not be
necessary.

5. Such sea lanes and air routes shall be defined by a series of continuous
axis lines from the entry points of passage routes to the exit points.
Ships and aircraft in archipelagic sea lanes passage shall not deviate more
than 25 nautical miles to either side of such axis lines during passage,
provided that such ships and aircraft shall not navigate closer to the
coasts than 10 per cent of the distance between the nearest points on
islands bordering the sea lane.

6. An archipelagic State which designates sea lanes under this article may
also prescribe traffic separation schemes for the safe passage of ships
through narrow channels in such sea lanes.

7. An archipelagic State may, when circumstances require, after giving due
publicity thereto, substitute other sea lanes or traffic separation schemes
for any sea lanes or traffic separation schemes previously designated or
prescribed by it.

8. Such sea lanes and traffic separation schemes shall conform to generally
accepted international regulations.

9. In designating or substituting sea lanes or prescribing or substituting
traffic separation schemes, an archipelagic State shall refer proposals to
the competent international organization with a view to their adoption. The
organization may adopt only such sea lanes and traffic separation schemes
as may be agreed with the archipelagic State, after which the archipelagic
State may designate, prescribe or substitute them.

10. The archipelagic State shall clearly indicate the axis of the sea lanes
and the traffic separation schemes designated or prescribed by it on charts
to which due publicity shall be given.

11. Ships in archipelagic sea lanes passage shall respect applicable sea
lanes and traffic separation schemes established in accordance with this
article.

12. If an archipelagic State does not designate sea lanes or air routes,
the right of archipelagic sea lanes passage may be exercised through the
routes normally used for internal navigation.

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

Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic sea lanes
passage.

PART V

EXCLUSIVE ECONOMIC ZONE

Article 55
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.

Article 56
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 sea-bed and of the
sea-bed and its subsoil, and with regard to other activities for the
economic exploitation and exploration of the zone, such as the
production of energy from the water, currents and winds;
(b) 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 sea-bed and
subsoil shall be exercised in accordance with Part VI.

Article 57
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.

Article 58
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.

Article 59
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.

Article 60
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.

Article 61
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 co-operate 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.

Article 62
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 co-operative
arrangements;
(j) requirements for the training of personnel and the transfer of
fisheries technology, including enhancement of the coastal State’s
capability of undertaking fisheries research;
(k) enforcement procedures.

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

Article 63
Stocks occurring within the exclusive economic zones of two
or more coastal States or both within the exclusive economic
zone 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 co-ordinate 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.

Article 64
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 co-operate
directly or through appropriate international organizations with a view to
ensuring conservation and promoting the objective of optimum utilization of
such species throughout the region, both within and beyond the exclusive
economic zone. In regions for which no appropriate international
organization exists, the coastal State and other States whose nationals
harvest these species in the region shall co-operate 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.

Article 65
Marine mammals

Nothing in this Part restricts the right of a coastal State or the
competence of an international organization, as appropriate, to prohibit,
limit or regulate the exploitation of marine mammals more strictly than
provided for in this Part. States shall co-operate with 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.

Article 66
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 co-operate in minimizing economic
dislocation in such other States fishing these stocks, taking into
account the normal catch and the mode of operations of such States,
and all the areas in which such fishing has occurred.
(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 co-operate 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.

Article 67
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 I for the maintenance of these species.

Article 68
Sedentary species

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

Article 69
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 co-operate 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.

Article 70
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
landlocked 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 co-operate in the establishment of equitable
arrangements on a bilateral, subregional or regional basis to allow for
participation of developing geographically disadvantaged States of the same
subregion or region in the exploitation of the living resources of the
exclusive economic zones of coastal States of the subregion or region, as
may be appropriate in the circumstances and on terms satisfactory to all
parties. In the implementation of 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.

Article 71
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.

Article 72
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.

Article 73
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.

Article 74
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 co-operation, 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.

Article 75
Charts and lists of geographical co-ordinates

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 co-ordinates 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 co-ordinates and shall deposit a copy of each such chart or
list with the Secretary-General of the United Nations.

PART VI

CONTINENTAL SHELF

Article 76
Definition of the continental shelf

1. The continental shelf of a coastal State comprises the sea-bed and
subsoil of the submarine areas that extend beyond its territorial sea
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 sea-bed and subsoil of the
shelf the slope and the rise. It does not include the deep ocean floor with
its oceanic ridges or the subsoil thereof.

4. (a) For the purposes of this Convention, the coastal State shall
establish the outer edge of the continental margin wherever the
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 sea-bed, drawn in accordance with paragraph 4
(a)(i) and (ii), either shall not exceed 350 nautical miles from the
baselines from which the breadth of the territorial sea is measured or
shall not exceed 100 nautical miles from the 2,500 metre isobath, which is
a line connecting the depth of 2,500 metres.

6. Notwithstanding the provisions of paragraph 5, on submarine ridges, the
outer limit of the continental shelf shall not exceed 350 nautical 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 sea-bed and subsoil together with
living organisms belonging to sedentary species, that is to say, organisms
which, at the harvestable stage, either are immobile on or under the
sea-bed or are unable to move except in constant physical contact with the
sea-bed or the subsoil.

Article 78
Legal status 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 co-operation, 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 co-ordinates

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 co-ordinates 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
graphical co-ordinates 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.

PART VII

HIGH SEAS

SECTION 1. GENERAL PROVISIONS

Article 86
Application of the provisions of this Part

The provisions of this Part apply to all parts of the sea that are not
included in the exclusive economic zone, in the territorial sea or in the
internal waters of a State, or in the archipelagic waters of an
archipelagic State. This article does not entail any abridgement of the
freedoms enjoyed by all States in the exclusive economic zone in accordance
with article 58.

Article 87
Freedom of the high seas

1. The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas is exercised under the conditions laid down by
this Convention and by other rules of international law. It comprises,
inter alia, both for coastal and land-locked States:

(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines, subject to Part VI;
(d) freedom to construct artificial islands and other installations
permitted under international law, subject to Part VI;
(e) freedom of fishing, subject to the conditions laid down in section 2;
(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for the
interests of other States in their exercise of the freedom of the high
seas, and also with due regard for the rights under this Convention with
respect to activities in the Area.

Article 88
Reservation of the high seas for peaceful purposes

The high seas shall be reserved for peaceful purposes.

Article 89
Invalidity of claims of sovereignty over the high seas

No State may validly purport to subject any part of the high seas to its
sovereignty.

Article 90
Right of navigation

Every State, whether coastal or land-locked, has the right to sail ships
flying its flag on the high seas.

Article 91
Nationality of ships

1. Every State shall fix the conditions for the grant of its nationality to
ships, for the registration of ships in its territory, and for the right to
ny its flag. Ships have the nationality of the State whose flag they are
entitled to fly. There must exist a genuine link between the State and the
ship.

2. Every State shall issue to ships to which it has granted the right to ny
its flag documents to that effect.

Article 92
Status of ships

1. Ships shall sail under the flag of one State only and, save in
exceptional cases expressly provided for in international treaties or in
this Convention, shall be subject to its exclusive jurisdiction on the high
seas. A ship may not change its flag during a voyage or while in a port of
call, save in the case of a real transfer of ownership or change of
registry.

2. A ship which sails under the flags of two or more States, using them
according to convenience, may not claim any of the nationalities in
question with respect to any other State, and may be assimilated to a ship
without nationality.

Article 93
Ships flying the flag of the United Nations, its specialized
agencies and the International Atomic Energy Agency

The preceding articles do not prejudice the question of ships employed on
the official service of the United Nations, its specialized agencies or the
International Atomic Energy Agency, flying the flag of the organization.

Article 94
Duties of the flag State

1. Every State shall effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag.

2. In particular every State shall:

(a) maintain a register of ships containing the names and particulars of
ships flying its flag, except those which are excluded from generally
accepted international regulations on account of their small size;
and
(b) assume jurisdiction under its internal law over each ship flying its
nag and its master, officers and crew in respect of administrative,
technical and social matters concerning the ship.

3. Every State shall take such measures for ships flying its flag as are
necessary to ensure safety at sea with regard, inter alia, to:

(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of crews,
taking into account the applicable international instruments;
(c) the use of signals, the maintenance of communications and the
prevention of collisions.

4. Such measures shall include those necessary to ensure:

(a) that each ship, before registration and thereafter at appropriate
intervals, is surveyed by a qualified surveyor of ships, and has on
board such charts, nautical publications and navigational equipment
and instruments as are appropriate for the safe navigation of the
ship;
(b) that each ship is in the charge of a master and officers who possess
appropriate qualifications, in particular in seamanship, navigation,
communications and marine engineering, and that the crew is
appropriate in qualification and numbers for the type, size,
machinery and equipment of the ship;
(c) that the master, officers and, to the extent appropriate, the crew
are fully conversant with and required to observe the applicable
international regulations concerning the safety of life at sea, the
prevention of collisions, the prevention, reduction and control of
marine pollution, and the maintenance of communications by radio.

5. In taking the measures called for in paragraphs 3 and 4 each State is
required to conform to generally accepted international regulations,
procedures and practices and to take any steps which may be necessary to
secure their observance.

6. A State which has clear grounds to believe that proper jurisdiction and
control with respect to a ship have not been exercised may report the facts
to the flag State. Upon receiving such a report, the flag State shall
investigate the matter and, if appropriate, take any action necessary to
remedy the situation.

7. Each State shall cause an inquiry to be held by or before a suitably
qualified person or persons into every marine casualty or incident of
navigation on the high seas involving a ship flying its flag and causing
loss of life or serious injury to nationals of another State or serious
damage to ships or installations of another State or to the marine
environment. The flag State and the other State shall co-operate in the
conduct of any inquiry held by that other State into any such marine
casualty or incident of navigation.

Article 95
Immunity of warships on the high seas

Warships on the high seas have complete immunity from the jurisdiction of
any State other than the flag State.

Article 96
Immunity of ships used only on
government non-commercial service
Ships owned or operated by a State and used only on government
non-commercial service shall, on the high seas, have complete immunity from
the jurisdiction of any State other than the flag State.

Article 97
Penal jurisdiction in matters of collision
or any other incident of navigation

1. In the event of a collision or any other incident of navigation
concerning a ship on the high seas, involving the penal or disciplinary
responsibility of the master or of any other person in the service of the
ship, no penal or disciplinary proceedings may be instituted against such
person except before the judicial or administrative authorities either of
the flag State or of the State of which such person is a national.

2. In disciplinary matters, the State which has issued a master’s
certificate or a certificate of competence or licence shall alone be
competent, after due legal process, to pronounce the withdrawal of such
certificates, even if the holder is not a national of the State which
issued them.

3. No arrest or detention of the ship, even as a measure of investigation,
shall be ordered by any authorities other than those of the flag State.

Article 98
Duty to render assistance

1. Every State shall require the master of a ship flying its flag, in so
far as he can do so without serious danger to the ship, the crew or the
passengers:

(a) to render assistance to any person found at sea in danger of being
lost;
(b) to proceed with all possible speed to the rescue of persons in
distress, if informed of their need of assistance, in so far as such
action may reasonably be expected of him;
(c) after a collision, to render assistance to the other ship, its crew
and its passengers and, where possible, to inform the other ship of
the name of his own ship, its port of registry and the nearest port
at which it will call.

2. Every coastal State shall promote the establishment, operation and
maintenance of an adequate and effective search and rescue service
regarding safety on and over the sea and, where circumstances so require,
by way of mutual regional arrangements co-operate with neighbouring States
for this purpose.

Article 99
Prohibition of the transport of slaves

Every State shall take effective measures to prevent and punish the
transport of slaves in ships authorized to ny its flag and to prevent the
unlawful use of its flag for that purpose. Any slave taking refuge on board
any ship, whatever its flag, shall ipso facto be free.

Article 100
Duty to co-operate in the repression of piracy

All States shall co-operate to the fullest possible extent in the
repression of piracy on the high seas or in any other place outside the
jurisdiction of any State.

Article 101
Definition of piracy

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation,
committed for private ends by the crew or the passengers of a private
ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against
persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside
the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of
an aircraft with knowledge of facts making it a pirate ship or
aircraft;
(c) any act of inciting or of intentionally facilitating an act described
in subparagraph (a) or (b).

Article 102
Piracy by a warship, government ship or government aircraft
whose crew has mutinied

The acts of piracy, as defined in article 101, committed by a warship,
government ship or government aircraft whose crew has mutinied and taken
control of the ship or aircraft are assimilated to acts committed by a
private ship or aircraft.

Article 103
Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate ship or aircraft if it is
intended by the persons in dominant control to be used for the purpose of
committing one of the acts referred to in article 101. The same applies if
the ship or aircraft has been used to commit any such act, so long as it
remains under the control of the persons guilty of that act.

Article 104
Retention or loss of the nationality of a pirate ship or aircraft

A ship or aircraft may retain its nationality although it has become a
pirate ship or aircraft. The retention or loss of nationality is determined
by the law of the State from which such nationality was derived.

Article 105
Seizure of a pirate ship or aircraft

On the high seas, or in any other place outside the jurisdiction of any
State, every State may seize a pirate ship or aircraft, or a ship or
aircraft taken by piracy and under the control of pirates, and arrest the
persons and seize the property on board. The courts of the State which
carried out the seizure may decide upon the penalties to be imposed, and
may also determine the action to be taken with regard to the ships,
aircraft or property, subject to the rights of third parties acting in good
faith.

Article 106
Liability for seizure without adequate grounds

Where the seizure of a ship or aircraft on suspicion of piracy has been
effected without adequate grounds, the State making the seizure shall be
liable to the State the nationality of which is possessed by the ship or
aircraft for any loss or damage caused by the seizure.

Article 107
Ships and aircraft which are entitled to seize on account of piracy
A seizure on account of piracy may be carried out only by warships or
military aircraft, or other ships or aircraft clearly marked and
identifiable as being on government service and authorized to that effect.

Article 108
Illicit traffic in narcotic drugs or psychotropic substances

1. All States shall co-operate in the suppression of illicit traffic in
narcotic drugs and psychotropic substances engaged in by ships on the high
seas contrary to international conventions.

2. Any State which has reasonable grounds for believing that a ship flying
its flag is engaged in illicit traffic in narcotic drugs or psychotropic
substances may request the co-operation of other States to suppress such
traffic.

Article 109
Unauthorized broadcasting from the high seas

1. All States shall co-operate in the suppression of unauthorized
broadcasting from the high seas.

2. For the purposes of this Convention, “unauthorized broadcasting” means
the transmission of sound radio or television broadcasts from a ship or
installation on the high seas intended for reception by the general public
contrary to international regulations, but excluding the transmission of
distress calls.

3. Any person engaged in unauthorized broadcasting may be prosecuted before
the court of:

(a) the flag State of the ship;
(b) the State of registry of the installation;
(c) the State of which the person is a national;
(d) any State where the transmissions can be received; or
(e) any State where authorized radio communication is suffering
interference.

4. On the high seas, a State having jurisdiction in accordance with
paragraph 3 may, in conformity with article 110, arrest any person or ship
engaged in unauthorized broadcasting and seize the broadcasting apparatus.

Article 110
Right of visit

1. Except where acts of interference derive from powers conferred by
treaty, a warship which encounters on the high seas a foreign ship, other
than a ship entitled to complete immunity in accordance with articles 95
and 96, is not justified in boarding it unless there is reasonable ground
for suspecting that:

(a) the ship is engaged in piracy;
(b) the ship is engaged in the slave trade;
(c) the ship is engaged in unauthorized broadcasting and the flag State
of the warship has jurisdiction under article 109;
(d) the ship is without nationality; or
(e) though flying a foreign flag or refusing to show its flag, the ship
is, in reality, of the same nationality as the warship.

2. In the cases provided for in paragraph 1, the warship may proceed to
verify the ship’s right to fly its flag. To this end, it may send a boat
under the command of an officer to the suspected ship. If suspicion remains
after the documents have been checked, it may proceed to a further
examination on board the ship, which must be carried out with all possible
consideration.

3. If the suspicions prove to be unfounded, and provided that the ship
boarded has not committed any act justifying them, it shall be compensated
for any loss or damage that may have been sustained.

4. These provisions apply mutatis mutandis to military aircraft.

5. These provisions also apply to any other duly authorized ships or
aircraft clearly marked and identifiable as being on government service.

Article 111
Right of hot pursuit

1. The hot pursuit of a foreign ship may be undertaken when the competent
authorities of the coastal State have good reason to believe that the ship
has violated the laws and regulations of that State. Such pursuit must be
commenced when the foreign ship or one of its boats is within the internal
waters, the archipelagic waters, the territorial sea or the contiguous zone
of the pursuing State, and may only be continued outside the territorial
sea or the contiguous zone if the pursuit has not been interrupted. It is
not necessary that, at the time when the foreign ship within the
territorial sea or the contiguous zone receives the order to stop, the ship
giving the order should likewise be within the territorial sea or the
contiguous zone. If the foreign ship is within a contiguous zone, as
defined in article 33, the pursuit may only be undertaken if there has been
a violation of the rights for the protection of which the zone was
established.

2. The right of hot pursuit shall apply mutatis mutandis to violations in
the exclusive economic zone or on the continental shelf, including safety
zones around continental shelf installations, of the laws and regulations
of the coastal State applicable in accordance with this Convention to the
exclusive economic zone or the continental shelf, including such safety
zones.

3. The right of hot pursuit ceases as soon as the ship pursued enters the
territorial sea of its own State or of a third State.

4. Hot pursuit is not deemed to have begun unless the pursuing ship has
satisfied itself by such practicable means as may be available that the
ship pursued or one of its boats or other craft working as a team and using
the ship pursued as a mother ship is within the limits of the territorial
sea, or, as the case may be, within the contiguous zone or the exclusive
economic zone or above the continental shelf. The pursuit may only be
commenced after a visual or auditory signal to stop has been given at a
distance which enables it to be seen or heard by the foreign ship.

5. The right of hot pursuit may be exercised only by warships or military
aircraft, or other ships or aircraft clearly marked and identifiable as
being on government service and authorized to that effect.

6. Where hot pursuit is effected by an aircraft:

(a) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis,
(b) the aircraft giving the order to stop must itself actively pursue the
ship until a ship or another aircraft of the coastal State, summoned
by the aircraft, arrives to take over the pursuit, unless the
aircraft is itself able to arrest the ship. It does not suffice to
justify an arrest outside the territorial sea that the ship was
merely sighted by the aircraft as an offender or suspected offender,
if it was not both ordered to stop and pursued by the aircraft itself
or other aircraft or ships which continue the pursuit without
interruption.

7. The release of a ship arrested within the jurisdiction of a State and
escorted to a port of that State for the purposes of an inquiry before the
competent authorities may not be claimed solely on the ground that the
ship, in the course of its voyage, was escorted across a portion of the
exclusive economic zone or the high seas, if the circumstances rendered
this necessary.

8. Where a ship has been stopped or arrested outside the territorial sea in
circumstances which do not justify the exercise of the right of hot
pursuit, it shall be compensated for any loss or damage that may have been
thereby sustained.

Article 112
Right to lay submarine cables and pipelines

1. All States are entitled to lay submarine cables and pipelines on the bed
of the high seas beyond the continental shelf.

2. Article 79, paragraph 5, applies to such cables and pipelines.

Article 113
Breaking or injury of a submarine cable or pipeline

Every State shall adopt the laws and regulations necessary to provide that
the breaking or injury by a ship flying its flag or by a person subject to
its jurisdiction of a submarine cable beneath the high seas done wilfully
or through culpable negligence, in such a manner as to be liable to
interrupt or obstruct telegraphic or telephonic communications, and
similarly the breaking or injury of a submarine pipeline or high-voltage
power cable, shall be a punishable offence. This provision shall apply also
to conduct calculated or likely to result in such breaking or injury.
However, it shall not apply to any break or injury caused by persons who
acted merely with the legitimate object of saving their lives or their
ships, after having taken all necessary precautions to avoid such break or
injury .

Article 114
Breaking or injury by owners of a submarine cable or
pipeline of another submarine cable or pipeline

Every State shall adopt the laws and regulations necessary to provide
that, if persons subject to its jurisdiction who are the owners of a
submarine cable or pipeline beneath the high seas, in laying or repairing
that cable or pipeline, cause a break in or injury to another cable or
pipeline, they shall bear the cost of the repairs.

Article 115
Indemnity for loss incurred in avoiding injury to a
submarine cable or pipeline

Every State shall adopt the laws and regulations necessary to ensure that
the owners of ships who can prove that they have sacrificed an anchor, a
net or any other fishing gear, in order to avoid injuring a submarine cable
or pipeline, shall be indemnified by the owner of the cable or pipeline,
provided that the owner of the ship has taken all reasonable precautionary
measures beforehand.

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

Article 116
Right to fish on the high seas

All States have the right for their nationals to engage in fishing on the
high seas subject to:

(a) their treaty obligations;
(b) the rights and duties as well as the interests of coastal States
provided for, inter alia, in article 63, paragraph 2, and articles 64
to 67; and
(c) the provisions of this section.

Article 117
Duty of States to adopt with respect to their nationals measures
for the conservation of the living resources of the high seas

All States have the duty to take, or to co-operate with other States in
taking, such measures for their respective nationals as may be necessary
for the conservation of the living resources of the high seas.

Article 118
Co-operation of States in the conservation and management of
living resources

States shall co-operate with each other in the conservation and management
of living resources in the areas of the high seas. States whose nationals
exploit identical living resources, or different living resources in the
same area, shall enter into negotiations with a view to taking the measures
necessary for the conservation of the living resources concerned. They
shall, as appropriate, cooperate to establish subregional or regional
fisheries organizations to this end.

Article 119
Conservation of the living resources of the high seas

1. In determining the allowable catch and establishing other conservation
measures for the living resources in the high seas, States shall:

(a) take measures which are designed, on the best scientific evidence
available to the States concerned, to maintain or restore populations
of harvested species at levels which can produce the maximum
sustainable yield, as qualified by relevant environmental and
economic factors, including 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;
(b) 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.

2. 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.

3. States concerned shall ensure that conservation measures and their
implementation do not discriminate in form or in fact against the fishermen
of any State.

Article 120
Marine mammals

Article 65 also applies to the conservation and management of marine
mammals in the high seas.

PART VIII
REGIME OF ISLANDS

Article 121
Regime of islands

1. An island is a naturally formed area of land, surrounded by water, which
is above water at high tide.

2. Except as provided for in paragraph 3, the territorial sea, the
contiguous zone, the exclusive economic zone and the continental shelf of
an island are determined in accordance with the provisions of this
Convention applicable to other land territory.

3. Rocks which cannot sustain human habitation or economic life of their
own shall have no exclusive economic zone or continental shelf.

PART IX
ENCLOSED OR SEMI-ENCLOSED SEAS

Article 122
Definition

For the purposes of this Convention, “enclosed or semi-enclosed sea” means
a gulf, basin or sea surrounded by two or more States and connected to
another sea or the ocean by a narrow outlet or consisting entirely or
primarily of the territorial seas and exclusive economic zones of two or
more coastal States.

Article 123
Co-operation of States bordering enclosed
or semi-enclosed seas

States bordering an enclosed or semi-enclosed sea should co-operate with
each other in the exercise of their rights and in the performance of their
duties under this Convention. To this end they shall endeavour, directly or
through an appropriate regional organization:

(a) to co-ordinate the management, conservation, exploration and
exploitation of the living resources of the sea;
(b) to co-ordinate the implementation of their rights and duties with
respect to the protection and preservation of the marine environment;
(c) to co-ordinate their scientific research policies and undertake where
appropriate joint programmes of scientific research in the area;
(d) to invite, as appropriate, other interested States or international
organizations to co-operate with them in furtherance of the
provisions of this article.

PART X

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

Article 124
Use of terms

1. For the purposes of this Convention:

(a) “land-locked State” means a State which has no sea-coast;
(b) “transit State” means a State, with or without a sea-coast, situated
between a land-locked State and the sea, through whose territory
traffic in transit passes;
(c) “traffic in transit” means transit of persons, baggage, goods and
means of transport across the territory of one or more transit
States, when the passage across such territory, with or without
trans-shipment, warehousing, breaking bulk or change in the mode of
transport, is only a portion of a complete journey which begins or
terminates within the territory of the land-locked State;
(d) “means of transport” means:
(i) railway rolling stock, sea, lake and river craft and road
vehicles;
(ii) where local conditions so require, porters and pack animals.

2. Land-locked States and transit States may, by agreement between them,
include as means of transport pipelines and gas lines and means of
transport other than those included in paragraph 1.

Article 125
Right of access to and from the sea and freedom of transit

1. Land-locked States shall have the right of access to and from the sea
for the purpose of exercising the rights provided for in this Convention
including those relating to the freedom of the high seas and the common
heritage of mankind. To this end, land-locked States shall enjoy freedom of
transit through the territory of transit States by all means of transport.

2. The terms and modalities for exercising freedom of transit shall be
agreed between the land-locked States and transit States concerned through
bilateral, subregional or regional agreements.

3. Transit States, in the exercise of their full sovereignty over their
territory, shall have the right to take all measures necessary to ensure
that the rights and facilities provided for in this Part for land-locked
States shall in no way infringe their legitimate interests.

Article 126
Exclusion of application of the most-favoured-nation clause

The provisions of this Convention, as well as special agreements relating
to the exercise of the right of access to and from the sea, establishing
rights and facilities on account of the special geographical position of
land-locked States are excluded from the application of the most-favoured-
nation clause.

Article 127
Customs duties, taxes and other charges

1. Traffic in transit shall not be subject to any customs duties, taxes or
other charges except charges levied for specific services rendered in
connection with such traffic.

2. Means of transport in transit and other facilities provided for and used
by land-locked States shall not be subject to taxes or charges higher than
those levied for the use of means of transport of the transit State.

Article 128
Free zones and other customs facilities

For the convenience of traffic in transit, free zones or other customs
facilities may be provided at the ports of entry and exit in the transit
States, by agreement between those States and the land-locked States.

Article 129
Co-operation in the construction and
improvement of means of transport

Where there are no means of transport in transit States to give effect to
the freedom of transit or where the existing means, including the port
installations and equipment, are inadequate in any respect, the transit
States and land-locked States concerned may co-operate in constructing or
improving them.

Article 130
Measures to avoid or eliminate delays or other difficulties
of a technical nature in traffic in transit

1. Transit States shall take all appropriate measures to avoid delays or
other difficulties of a technical nature in traffic in transit.

2. Should such delays or difficulties occur, the competent authorities of
the transit States and land-locked States concerned shall co-operate
towards their expeditious elimination.

Article 131
Equal treatment in maritime ports

Ships flying the flag of land-locked States shall enjoy treatment equal to
that accorded to other foreign ships in maritime ports.

Article 132
Grant of greater transit facilities

This Convention does not entail in any way the withdrawal of transit
facilities which are greater than those provided for in this Convention and
which are agreed between States Parties to this Convention or granted by a
State Party. This Convention also does not preclude such grant of greater
facilities in the future.

PART XI

THE AREA

SECTION 1. GENERAL PROVISIONS

Article 133
Use of terms

For the purposes of this Part:

(a) “resources” means all solid, liquid or gaseous mineral resources in
situ in the Area at or beneath the sea-bed, including polymetallic
nodules;
(b) resources, when recovered from the Area, are referred to as
“minerals”.

Article 134
Scope of this Part

1. This Part applies to the Area.

2. Activities in the Area shall be governed by the provisions of this Part.

3. The requirements concerning deposit of, and publicity to be given to,
the charts or lists of geographical co-ordinates showing the limits
referred to in article 1, paragraph 1 (1), are set forth in Part VI.
4. Nothing in this article affects the establishment of the outer limits of
the continental shelf in accordance with Part VI or the validity of
agreements relating to delimitation between States with opposite or
adjacent coasts.

Article 135
Legal status of the superjacent waters and air space

Neither this Part nor any rights granted or exercised pursuant thereto
shall affect the legal status of the waters superjacent to the Area or that
of the air space above those waters.

SECTION 2. PRINCIPLES GOVERNING THE AREA

Article 136
Common heritage of mankind

The Area and its resources are the common heritage of mankind.

Article 137
Legal status of the Area and its resources

1. No State shall claim or exercise sovereignty or sovereign rights over
any part of the Area or its resources, nor shall any State or natural or
juridical person appropriate any part thereof. No such claim or exercise of
sovereignty or sovereign rights nor such appropriation shall be recognized.

2. All rights in the resources of the Area are vested in mankind as a whole
on whose behalf the Authority shall act. These resources are not subject to
alienation. The minerals recovered from the Area, however, may only be
alienated in accordance with this Part and the rules, regulations and
procedures of the Authority.

3. No State or natural or juridical person shall claim, acquire or exercise
rights with respect to the minerals recovered from the Area except in
accordance with this Part. Otherwise, no such claim, acquisition or
exercise of such rights shall be recognized.

Article 138
General conduct of States in relation to the Area

The general conduct of States in relation to the Area shall be in
accordance with the provisions of this Part, the principles embodied in the
Charter of the United Nations and other rules of international law in the
interests of maintaining peace and security and promoting international
co-operation and mutual understanding .

Article 139
Responsibility to ensure compliance and liability for damage

1. States Parties shall have the responsibility to ensure that activities
in the Area, whether carried out by States Parties, or state enterprises or
natural or juridical persons which possess the nationality of States
Parties or are effectively controlled by them or their nationals, shall be
carried out in conformity with this Part. The same responsibility applies
to international organizations for activities in the Area carried out by
such organizations.

2. Without prejudice to the rules of international law and Annex III,
article 22, damage caused by the failure of a State Party or international
organization to carry out its responsibilities under this Part shall entail
liability, States Parties or international organizations acting together
shall bear joint and several liability. A State Party shall not however be
liable for damage caused by any failure to comply with this Part by a
person whom it has sponsored under article 153, paragraph 2(b), if the
State Party has taken all necessary and appropriate measures to secure
effective compliance under article 153, paragraph 4, and Annex III, article
4, paragraph 4.

3. States Parties that are members of international organizations shall
take appropriate measures to ensure the implementation of this article with
respect to such organizations.

Article 140
Benefit of mankind

1. Activities in the Area shall, as specifically provided for in this Part,
be carried out for the benefit of mankind as a whole, irrespective of the
geographical location of States, whether coastal or land-locked, and taking
into particular consideration the interests and needs of developing States
and of peoples who have not attained full independence or other
self-governing status recognized by the United Nations in accordance with
General Assembly resolution 1514 (XV) and other relevant General Assembly
resolutions.

2. The Authority shall provide for the equitable sharing of financial and
other economic benefits derived from activities in the Area through any
appropriate mechanism on a non-discriminatory basis, in accordance with
article 160, paragraph 2 (f) (i).

Article 141
Use of the Area exclusively for peaceful purposes

The Area shall be open to use exclusively for peaceful purposes by all
States, whether coastal or land-locked, without discrimination and without
prejudice to the other provisions of this Part.

Article 142
Rights and legitimate interests of coastal States

1. Activities in the Area, with respect to resource deposits in the Area
which lie across limits of national jurisdiction, shall be conducted with
due regard to the rights and legitimate interests of any coastal State
across whose jurisdiction such deposits lie.

2. Consultations, including a system of prior notification, shall be
maintained with the State concerned, with a view to avoiding infringement
of such rights and interests. In cases where activities in the Area may
result in the exploitation of resources lying within national jurisdiction,
the prior consent of the coastal State concerned shall be required.

3. Neither this Part nor any rights granted or exercised pursuant thereto
shall affect the rights of coastal States to take such measures consistent
with the relevant provisions of Part XII as may be necessary to prevent,
mitigate or eliminate grave and imminent danger to their coastline, or
related interests from pollution or threat thereof or from other hazardous
occurrences resulting from or caused by any activities in the Area.

Article 143
Marine scientific research

1. Marine scientific research in the Area shall be carried out exclusively
for peaceful purposes and for the benefit of mankind as a whole in
accordance with Part XIII.

2. The Authority may carry out marine scientific research concerning the
Area and its resources, and may enter into contracts for that purpose. The
Authority shall promote and encourage the conduct of marine scientific
research in the Area, and shall co-ordinate and disseminate the results of
such research and analysis when available.

3. States Parties may carry out marine scientific research in the Area.
States Parties shall promote international co-operation in marine
scientific research in the Area by:

(a) participating in international programmes and encouraging
co-operation in marine scientific research by personnel of different
countries and of the Authority;
(b) ensuring that programmes are developed through the Authority or other
international organizations as appropriate for the benefit of
developing States and technologically less developed States with a
view to:
(i) strengthening their research capabilities;
(ii) training their personnel and the personnel of the Authority in
the techniques and applications of research;
(iii) fostering the employment of their qualified personnel in
research in the Area;
(c) effectively disseminating the results of research and analysis when
available, through the Authority or other international channels when
appropriate.

Article 144
Transfer of technology

1. The Authority shall take measures in accordance with this Convention:

(a) to acquire technology and scientific knowledge relating to activities
in the Area; and
(b) to promote and encourage the transfer to developing States of such
technology and scientific knowledge so that all States Parties
benefit therefrom.

2. To this end the Authority and States Parties shall co.operate in
promoting the transfer of technology and scientific knowledge relating to
activities in the Area so that the Enterprise and all States Parties may
benefit therefrom. In particular they shall initiate and promote:
(a) programmes for the transfer of technology to the Enterprise and to
developing States with regard to activities in the Area, including,
inter alia, facilitating the access of the Enterprise and of
developing States to the relevant technology, under fair and
reasonable terms and conditions;
(b) measures directed towards the advancement of the technology of the
Enterprise and the domestic technology of developing States,
particularly by providing opportunities to personnel from the
Enterprise and from developing States for training in marine science
and technology and for their full participation in activities in the
Area.

Article 145
Protection of the marine environment

Necessary measures shall be taken in accordance with this Convention with
respect to activities in the Area to ensure effective protection for the
marine environment from harmful effects which may arise from such
activities. To this end the Authority shall adopt appropriate rules,
regulations and procedures for inter alia:

(a) the prevention, reduction and control of pollution and other hazards
to the marine environment, including the coastline, and of
interference with the ecological balance of the marine environment,
particular attention being paid to the need for protection from
harmful effects of such activities as drilling, dredging, excavation,
disposal of waste, construction and operation or maintenance of
installations, pipelines and other devices related to such
activities;
(b) the protection and conservation of the natural resources of the Area
and the prevention of damage to the flora and fauna of the marine
environment.

Article 146
Protection of human life

With respect to activities in the Area, necessary measures shall be taken
to ensure effective protection of human life. To this end the Authority
shall adopt appropriate rules, regulations and procedures to supplement
existing international law as embodied in relevant treaties.

Article 147
Accommodation of activities in the Area and in the marine
environment

1. Activities in the Area shall be carried out with reasonable regard for
other activities in the marine environment.

2. Installations used for carrying out activities in the Area shall be
subject to the following conditions:

(a) such installations shall be erected, emplaced and removed solely in
accordance with this Part and subject to the rules, regulations and
procedures of the Authority. Due notice must be given of the
erection, emplacement and removal of such installations, and
permanent means for giving warning of their presence must be
maintained;
(b) such installations may not be established where interference may be
caused to the use of recognized sea lanes essential to international
navigation or in areas of intense fishing activity;
(c) safety zones shall be established around such installations with
appropriate markings to ensure the safety of both navigation and the
installations. The configuration and location of such safety zones
shall not be such as to form a belt impeding the lawful access of
shipping to particular maritime zones or navigation along
international sea lanes;
(d) such installations shall be used exclusively for peaceful purposes;
(e) such installations 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.

3. Other activities in the marine environment shall be conducted with
reasonable regard for activities in the Area.

Article 148
Participation of developing States in activities in the Area

The effective participation of developing States in activities in the Area
shall be promoted as specifically provided for in this Part, having due
regard to their special interests and needs, and in particular to the
special need of the landlocked and geographically disadvantaged among them
to overcome obstacles arising from their disadvantaged location, including
remoteness from the Area and difficulty of access to and from it.

Article 149
Archaeological and historical objects

All objects of an archaeological and historical nature found in the Area
shall be preserved or disposed of for the benefit of mankind as a whole,
particular regard being paid to the preferential rights of the State or
country of origin, or the State of cultural origin, or the State of
historical and archaeological origin.

SECTION 3. DEVELOPMENT OF RESOURCES
OF THE AREA

Article 150
Policies relating to activities in the Area

Activities in the Area shall, as specifically provided for in this Part, be
carried out in such a manner as to foster healthy development of the world
economy and balanced growth of international trade, and to promote
international cooperation for the over-all development of all countries,
especially developing States, and with a view to ensuring:

(a) the development of the resources of the Area;
(b) orderly, safe and rational management of the resources of the Area,
including the efficient conduct of activities in the Area and, in
accordance with sound principles of conservation, the avoidance of
unnecessary waste;
(c) the expansion of opportunities for participation in such activities
consistent in particular with articles 144 and 148;
(d) participation in revenues by the Authority and the transfer of
technology to the Enterprise and developing States as provided for in
this Convention;
(e) increased availability of the minerals derived from the Area as
needed in conjunction with minerals derived from other sources, to
ensure supplies to consumers of such minerals;
(f) the promotion of just and stable prices remunerative to producers and
fair to consumers for minerals derived both from the Area and from
other sources, and the promotion of long-term equilibrium between
supply and demand;
(g) the enhancement of opportunities for all States Parties, irrespective
of their social and economic systems or geographical location, to
participate in the development of the resources of the Area and the
prevention of monopolization of activities in the Area;
(h) the protection of developing countries from adverse effects on their
economies or on their export earnings resulting from a reduction in
the price of an affected mineral, or in the volume of exports of that
mineral, to the extent that such reduction is caused by activities in
the Area, as provided in article 151;
(i) the development of the common heritage for the benefit of mankind as
a whole; and
(j) conditions of access to markets for the imports of minerals produced
from the resources of the Area and for imports of commodities
produced from such minerals shall not be more favourable than the
most favourable applied to imports from other sources.

Article 151
Production policies

1. (a) Without prejudice to the objectives set forth in article 150 and
for the purpose of implementing subparagraph (h) of that article, the
Authority, acting through existing forums or such new arrangements or
agreements as may be appropriate, in which all interested parties,
including both producers and consumers, participate, shall take
measures necessary to promote the growth, efficiency and stability of
markets for those commodities produced from the minerals derived from
the Area, at prices remunerative to producers and fair to consumers.
All States Parties shall co-operate to this end.
(b) The Authority shall have the right to participate in any commodity
conference dealing with those commodities and in which all interested
parties including both producers and consumers participate. The
Authority shall have the right to become a party to any arrangement
or agreement resulting from such conferences. Participation of the
Authority in any organs established under those arrangements or
agreements shall be in respect of production in the Area and in
accordance with the relevant rules of those organs.
(c) The Authority shall carry out its obligations under the arrangements
or agreements referred to in this paragraph in a manner which assures
a uniform and non-discriminatory implementation in respect of all
production in the Area of the minerals concerned. In doing so, the
Authority shall act in a manner consistent with the terms of existing
contracts and approved plans of work of the Enterprise.

2. (a) During the interim period specified in paragraph 3, commercial
production shall not be undertaken pursuant to an approved plan of
work until the operator has applied for and has been issued a
production authorization by the Authority. Such production
authorizations may not be applied for or issued more than five years
prior to the planned commencement of commercial production under the
plan of work unless, having regard to the nature and timing of
project development, the rules, regulations and procedures of the
Authority prescribe another period.
(b) In the application for the production authorization, the operator
shall specify the annual quantity of nickel expected to be recovered
under the approved plan of work. The application shall include a
schedule of expenditures to be made by the operator after he has
received the authorization which are reasonably calculated to allow
him to begin commercial production on the date planned.
(c) For the purposes of subparagraphs (a) and (b), the Authority shall
establish appropriate performance requirements in accordance with
Annex III, article 17.
(d) The Authority shall issue a production authorization for the level of
production applied for unless the sum of that level and the levels
already authorized exceeds the nickel production ceiling, as
calculated pursuant to paragraph 4 in the year of issuance of the
authorization, during any year of planned production falling within
the interim period.
(e) When issued, the production authorization and approved application
shall become a part of the approved plan of work.
(f) If the operator’s application for a production authorization is
denied pursuant to subparagraph (d), the operator may apply again to
the Authority at any time.

3. The interim period shall begin five years prior to 1 January of the year
in which the earliest commercial production is planned to commence under an
approved plan of work. If the earliest commercial production is delayed
beyond the year originally planned, the beginning of the interim period and
the production ceiling originally calculated shall be adjusted accordingly.
The interim period shall last 25 years or until the end of the Review
Conference referred to in article 155 or until the day when such new
arrangements or agreements as are referred to in paragraph 1 enter into
force, whichever is earliest. The Authority shall resume the power provided
in this article for the remainder of the interim period if the said
arrangements or agreements should lapse or become ineffective for any
reason whatsoever.

4. (a) The production ceiling for any year of the interim period shall
be the sum of:
(i) the difference between the trend line values for nickel
consumption as calculated pursuant to subparagraph (b), for the year
immediately prior to the year of the earliest commercial production
and the year immediately prior to the commencement of the interim
period; and
(ii) sixty per cent of the difference between the trend line values
for nickel consumption, as calculated pursuant to subparagraph (b),
for the year for which the production authorization is being applied
for and the year immediately prior to the year of the earliest
commercial production.
(b) For the purposes of subparagraph (a):
(i) trend line values used for computing the nickel production
ceiling shall be those annual nickel consumption values on a trend
line computed during the year in which a production authorization is
issued. The trend line shall be derived from a linear regression of
the logarithms of actual nickel consumption for the most recent
15-year period for which such data are available, time being the
independent variable. This trend line shall be referred to as the
original trend line;
(ii) if the annual rate of increase of the original trend line is
less than 3 per cent, then the trend line used to determine the
quantities referred to in subparagraph (a) shall instead be one
passing through the original trend line at the value for the first
year of the relevant 15-year period, and increasing at 3 per cent
annually; provided however that the production ceiling established
for any year of the interim period may not in any case exceed the
difference between the original trend line value for that year and
the original trend line value for the year immediately prior to the
commencement of the interim period.

5. The Authority shall reserve to the Enterprise for its initial production
a quantity of 38,000 metric tonnes of nickel from the available production
ceiling calculated pursuant to paragraph 4.

6. (a) An operator may in any year produce less than or up to 8 per cent
more than the level of annual production of minerals from
polymetallic nodules specified in his production authorization,
provided that the over-all amount of production shall not exceed that
specified in the authorization. Any excess over 8 per cent and up to
20 per cent in any year, or any excess in the first and subsequent
years following two consecutive years in which excesses occur, shall
be negotiated with the Authority, which may require the operator to
obtain a supplementary production authorization to cover additional
production.
(b) Applications for such supplementary production authorizations shall
be considered by the Authority only after all pending applications by
operators who have not yet received production authorizations have
been acted upon and due account has been taken of other likely
applicants. The Authority shall be guided by the principle of not
exceeding the total production allowed under the production ceiling
in any year of the interim period. It shall not authorize the
production under any plan of work of a quantity in excess of 46,500
metric tonnes of nickel per year.

7. The levels of production of other metals such as copper, cobalt and
manganese extracted from the polymetallic nodules that are recovered
pursuant to a production authorization should not be higher than those
which would have been produced had the operator produced the maximum level
of nickel from those nodules pursuant to this article. The Authority shall
establish rules, regulations and procedures pursuant to Annex III, article
17, to implement this paragraph.

8. Rights and obligations relating to unfair economic practices under
relevant multilateral trade agreements shall apply to the exploration for
and exploitation of minerals from the Area. In the settlement of disputes
arising under this provision, States Parties which are Parties to such
multilateral trade agreements shall have recourse to the dispute settlement
procedures of such agreements.

9. The Authority shall have the power to limit the level of production of
minerals from the Area, other than minerals from polymetallic nodules,
under such conditions and applying such methods as may be appropriate by
adopting regulations in accordance with article 161, paragraph 8.

10. Upon the recommendation of the Council on the basis of advice from the
Economic Planning Commission, the Assembly shall establish a system of
compensation or take other measures of economic adjustment assistance
including co-operation with specialized agencies and other international
organizations to assist developing countries which suffer serious adverse
effects on their export earnings or economies resulting from a reduction in
the price of an affected mineral or in the volume of exports of that
mineral, to the extent that such reduction is caused by activities in the
Area. The Authority on request shall initiate studies on the problems of
those States which are likely to be most seriously affected with a view to
minimizing their difficulties and assisting them in their economic
adjustment.

Article 152
Exercise of powers and functions by the Authority

1. The Authority shall avoid discrimination in the exercise of its powers
and functions, including the granting of opportunities for activities in
the Area.

2. Nevertheless, special consideration for developing States, including
particular consideration for the land-locked and geographically
disadvantaged among them, specifically provided for in this Part shall be
permitted.

Article 153
System of exploration and exploitation

1. Activities in the Area shall be organized, carried out and controlled by
the Authority on behalf of mankind as a whole in accordance with this
article as well as other relevant provisions of this Part and the relevant
Annexes, and the rules, regulations and procedures of the Authority.

2. Activities in the Area shall be carried out as prescribed in paragraph
3:

(a) by the Enterprise, and
(b) in association with the Authority by States Parties, or state
enterprises or natural or juridical persons which possess the
nationality of States Parties or are effectively controlled by them
or their nationals, when sponsored by such States, or any group of
the foregoing which meets the requirements provided in this Part and
in Annex III.

3. Activities in the Area shall be carried out in accordance with a formal
written plan of work drawn up in accordance with Annex III and approved by
the Council after review by the Legal and Technical Commission. In the case
of activities in the Area carried out as authorized by the Authority by the
entities specified in paragraph 2(b), the plan of work shall, in accordance
with Annex III, article 3, be in the form of a contract. Such contracts may
provide for joint arrangements in accordance with Annex III, article 11.

4. The Authority shall exercise such control over activities in the Area as
is necessary for the purpose of securing compliance with the relevant
provisions of this Part and the Annexes relating thereto, and the rules,
regulations and procedures of the Authority, and the plans of work approved
in accordance with paragraph 3. States Parties shall assist the Authority
by taking all measures necessary to ensure such compliance in accordance
with article 139.

5. The Authority shall have the right to take at any time any measures
provided for under this Part to ensure compliance with its provisions and
the exercise of the functions of control and regulation assigned to it
thereunder or under any contract. The Authority shall have the right to
inspect all installations in the Area used in connection with activities in
the Area.

6. A contract under paragraph 3 shall provide for security of tenure.
Accordingly, the contract shall not be revised, suspended or terminated
except in accordance with Annex III, articles 18 and 19.

Article 154
Periodic review

Every five years from the entry into force of this Convention, the Assembly
shall undertake a general and systematic review of the manner in which the
international regime of the Area established in this Convention has
operated in practice. In the light of this review the Assembly may take, or
recommend that other organs take, measures in accordance with the
provisions and procedures of this Part and the Annexes relating thereto
which will lead to the improvement of the operation of the regime.

Article 155
The Review Conference

1. Fifteen years from 1 January of the year in which the earliest
commercial production commences under an approved plan of work, the
Assembly shall convene a conference for the review of those provisions of
this Part and the relevant Annexes which govern the system of exploration
and exploitation of the resources of the Area. The Review Conference shall
consider in detail, in the light of the experience acquired during that
period:

(a) whether the provisions of this Part which govern the system of
exploration and exploitation of the resources of the Area have
achieved their aims in all respects, including whether they have
benefited mankind as a whole;
(b) whether, during the 15-year period, reserved areas have been
exploited in an effective and balanced manner in comparison with
non-reserved areas;
(c) whether the development and use of the Area and its resources have
been undertaken in such a manner as to foster healthy development of
the world economy and balanced growth of international trade;
(d) whether monopolization of activities in the Area has been prevented;
(e) whether the policies set forth in articles 150 and 151 have been
fulfilled; and
(f) whether the system has resulted in the equitable sharing of benefits
derived from activities in the Area, taking into particular
consideration the interests and needs of the developing States.

2. The Review Conference shall ensure the maintenance of the principle of
the common heritage of mankind, the international regime designed to ensure
equitable exploitation of the resources of the Area for the benefit of all
countries, especially the developing States, and an Authority to organize,
conduct and control activities in the Area. It shall also ensure the
maintenance of the principles laid down in this Part with regard to the
exclusion of claims or exercise of sovereignty over any part of the Area,
the rights of States and their general conduct in relation to the Area, and
their participation in activities in the Area in conformity with this
Convention, the prevention of monopolization of activities in the Area, the
use of the Area exclusively for peaceful purposes, economic aspects of
activities in the Area, marine scientific research, transfer of technology,
protection of the marine environment, protection of human life, rights of
coastal States, the legal status of the waters superjacent to the Area and
that of the air space above those waters and accommodation between
activities in the Area and other activities in the marine environment.

3. The decision-making procedure applicable at the Review Conference shall
be the same as that applicable at the Third United Nations Conference on
the Law of the Sea. The Conference shall make every effort to reach
agreement on any amendments by way of consensus and there should be no
voting on such matters until all efforts at achieving consensus have been
exhausted.

4. If, five years after its commencement, the Review Conference has not
reached agreement on the system of exploration and exploitation of the
resources of the Area, it may decide during the ensuing 12 months, by a
three-fourths majority of the States Parties, to adopt and submit to the
States Parties for ratification or accession such amendments changing or
modifying the system as it determines necessary and appropriate. Such
amendments shall enter into force for all States Parties 12 months after
the deposit of instruments of ratification or accession by three fourths of
the States Parties.

5. Amendments adopted by the Review Conference pursuant to this article
shall not affect rights acquired under existing contracts.

SECTION 4. THE AUTHORITY

SUBSECTION A. GENERAL PROVISIONS

Article 156
Establishment of the Authority

1. There is hereby established the International Sea-Bed Authority, which
shall function in accordance with this Part.

2. All States Parties are ipso facto members of the Authority.

3. Observers at the Third United Nations Conference on the Law of the Sea
who have signed the Final Act and who are not referred to in article 305,
paragraph 1 (c), (d), (e) or (f), shall have the right to participate in
the Authority as observers, in accordance with its rules, regulations and
procedures.

4. The seat of the Authority shall be in Jamaica.

5. The Authority may establish such regional centres or offices as it deems
necessary for the exercise of its functions.

Article 157
Nature and fundamental principles of the Authority

1. The Authority is the organization through which States Parties shall, in
accordance with this Part, organize and control activities in the Area,
particularly with a view to administering the resources of the Area.

2. The powers and functions of the Authority shall be those expressly
conferred upon it by this Convention. The Authority shall have such
incidental powers, consistent with this Convention, as are implicit in and
necessary for the exercise of those powers and functions with respect to
activities in the Area.

3. The Authority is based on the principle of the sovereign equality of all
its members.

4. All members of the Authority shall fulfil in good faith the obligations
assumed by them in accordance with this Part in order to ensure to all of
them the rights and benefits resulting from membership.

Article 158
Organs of the Authority

1. There are hereby established, as the principal organs of the Authority,
an Assembly, a Council and a Secretariat.

2. There is hereby established the Enterprise, the organ through which the
Authority shall carry out the functions referred to in article 170,
paragraph 1.

3. Such subsidiary organs as may be found necessary may be established in
accordance with this Part.

4. Each principal organ of the Authority and the Enterprise shall be
responsible for exercising those powers and functions which are conferred
upon it. In exercising such powers and functions each organ shall avoid
taking any action which may derogate from or impede the exercise of
specific powers and functions conferred upon another organ.

SUBSECTION B. THE ASSEMBLY

Article 159
Composition, procedure and voting

1. The Assembly shall consist of all the members of the Authority. Each
member shall have one representative in the Assembly, who may be
accompanied by alternates and advisers.

2. The Assembly shall meet in regular annual sessions and in such special
sessions as may be decided by the Assembly, or convened by the Secretary-
General at the request of the Council or of a majority of the members of
the Authority.

3. Sessions shall take place at the seat of the Authority unless otherwise
decided by the Assembly.

4. The Assembly shall adopt its rules of procedure. At the beginning of
each regular session, it shall elect its President and such other officers
as may be required. They shall hold office until a new President and other
officers are elected at the next regular session.

5. A majority of the members of the Assembly shall constitute a quorum.

6. Each member of the Assembly shall have one vote.

7. Decisions on questions of procedure, including decisions to convene
special sessions of the Assembly, shall be taken by a majority of the
members present and voting.

8. Decisions on questions of substance shall be taken by a two-thirds
majority of the members present and voting, provided that such majority
includes a majority of the members participating in the session. When the
issue arises as to whether a question is one of substance or not, that
question shall be treated as one of substance unless otherwise decided by
the Assembly by the majority required for decisions on questions of
substance.

9. When a question of substance comes up for voting for the first time, the
President may, and shall, if requested by at least one fifth of the members
of the Assembly, defer the issue of taking a vote on that question for a
period not exceeding five calendar days. This rule may be applied only once
to any question, and shall not be applied so as to defer the question
beyond the end of the session.

10. Upon a written request addressed to the President and sponsored by at
least one fourth of the members of the Authority for an advisory opinion on
the conformity with this Convention of a proposal before the Assembly on
any matter, the Assembly shall request the Sea-Bed Disputes Chamber of the
International Tribunal for the Law of the Sea to give an advisory opinion
thereon and shall defer voting on that proposal pending receipt of the
advisory opinion by the Chamber. If the advisory opinion is not received
before the final week of the session in which it is requested, the Assembly
shall decide when it will meet to vote upon the deferred proposal.

Article 160
Powers and functions

1. The Assembly, as the sole organ of the Authority consisting of all the
members, shall be considered the supreme organ of the Authority to which
the other principal organs shall be accountable as specifically provided
for in this Convention. The Assembly shall have the power to establish
general policies in conformity with the relevant provisions of this
Convention on any question or matter within the competence of the
Authority.

2. In addition, the powers and functions of the Assembly shall be:

(a) to elect the members of the Council in accordance with article 161;
(b) to elect the Secretary-General from among the candidates proposed by
the Council;
(c) to elect, upon the recommendation of the Council, the members of the
Governing Board of the Enterprise and the Director-General of the
Enterprise;
(d) to establish such subsidiary organs as it finds necessary for the
exercise of its functions in accordance with this Part. In the
composition of these subsidiary organs due account shall be taken of
the principle of equitable geographical distribution and of special
interests and the need for members qualified and competent in the
relevant technical questions dealt with by such organs;
(e) to assess the contributions of members to the administrative budget
of the Authority in accordance with an agreed scale of assessment
based upon the scale used for the regular budget of the United
Nations until the Authority shall have sufficient income from other
sources to meet its administrative expenses;
(f) (i) to consider and approve, upon the recommendation of the Council
the rules, regulations and procedures on the equitable sharing of
financial and other economic benefits derived from activities in the
Area and the payments and contributions made pursuant to article 82,
taking into particular consideration the interests and needs of
developing States and peoples who have not attained full independence
or other self-governing status. If the Assembly does not approve the
recommendations of the Council, the Assembly shall return them to the
Council for reconsideration in the light of the views expressed by
the Assembly;
(ii) to consider and approve the rules, regulations and procedures of
the Authority, and any amendments thereto, provisionally adopted by
the Council pursuant to article 162, paragraph 2 (o)(ii). These
rules, regulations and procedures shall relate to prospecting,
exploration and exploitation in the Area, the financial management
and internal administration of the Authority, and, upon the
recommendation of the Governing Board of the Enterprise, to the
transfer of funds from the Enterprise to the Authority;
(g) to decide upon the equitable sharing of financial and other economic
benefits derived from activities in the Area, consistent with this
Convention and the rules, regulations and procedures of the
Authority;
(h) to consider and approve the proposed annual budget of the Authority
submitted by the Council;
(i) to examine periodic reports from the Council and from the Enterprise
and special reports requested from the Council or any other organ of
the Authority;
(j) to initiate studies and make recommendations for the purpose of
promoting international co-operation concerning activities in the
Area and encouraging the progressive development of international law
relating thereto and its codification;
(k) to consider problems of a general nature in connection with
activities in the Area arising in particular for developing States,
as well as those problems for States in connection with activities in
the Area that are due to their geographical location, particularly
for land-locked and geographically disadvantaged States;
(l) to establish, upon the recommendation of the Council, on the basis of
advice from the Economic Planning Commission, a system of
compensation or other measures of economic adjustment assistance as
provided in article 151, paragraph 10;
(m) to suspend the exercise of rights and privileges of membership
pursuant to article 185;
(n) to discuss any question or matter within the competence of the
Authority and to decide as to which organ of the Authority shall deal
with any such question or matter not specifically entrusted to a
particular organ, consistent with the distribution of powers and
functions among the organs of the Authority.

SUBSECTION C. THE COUNCIL

Article 161
Composition, procedure and voting

1. The Council shall consist of 36 members of the Authority elected by the
Assembly in the following order:

(a) four members from among those States Parties which, during the last
five years for which statistics are available, have either consumed
more than 2 per cent of total world consumption or have had net
imports of more than 2 per cent of total world imports of the
commodities produced from the categories of minerals to be derived
from the Area, and in any case one State from the Eastern European
(Socialist) region, as well as the largest consumer;
(b) four members from among the eight States Parties which have the
largest investments in preparation for and in the conduct of
activities in the Area, either directly or through their nationals,
including at least one State from the Eastern European (Socialist)
region;
(c) four members from among States Parties which on the basis of
production in areas under their jurisdiction are major net exporters
of the categories of minerals to be derived from the Area, including
at least two developing States whose exports of such minerals have a
substantial bearing upon their economies;
(d) six members from among developing States Parties, representing
special interests. The special interests to be represented shall
include those of States with large populations, States which are
land-locked or geographically disadvantaged, States which are major
importers of the categories of minerals to be derived from the Area,
States which are potential producers of such minerals, and least
developed States;
(e) eighteen members elected according to the principle of ensuring an
equitable geographical distribution of seats in the Council as a
whole, provided that each geographical region shall have at least one
member elected under this subparagraph. For this purpose, the
geographical regions shall be Africa, Asia, Eastern European
(Socialist), Latin America and Western European and Others.

2. In electing the members of the Council in accordance with paragraph 1,
the Assembly shall ensure that:

(a) land-locked and geographically disadvantaged States are represented
to a degree which is reasonably proportionate to their representation
in the Assembly;
(b) coastal States, especially developing States, which do not qualify
under paragraph 1 (a), (b), (c) or (d) are represented to a degree
which is reasonably proportionate to their representation in the
Assembly;
(c) each group of States Parties to be represented on the Council is
represented by those members, if any, which are nominated by that
group.

3. Elections shall take place at regular sessions of the Assembly. Each
member of the Council shall be elected for four years. At the first
election, however, the term of one half of the members of each group
referred to in paragraph 1 shall be two years.

4. Members of the Council shall be eligible for re-election, but due regard
should be paid to the desirability of rotation of membership.

5. The Council shall function at the seat of the Authority, and shall meet
as often as the business of the Authority may require, but not less than
three times a year.

6. A majority of the members of the Council shall constitute a quorum.

7. Each member of the Council shall have one vote.

8. (a) Decisions on questions of procedure shall be taken by a majority
of the members present and voting.
(b) Decisions on questions of substance arising under the following
provisions shall be taken by a two-thirds majority of the members
present and voting, provided that such majority includes a majority
of the members of the Council: article 162, paragraph 2,
subparagraphs (f); (g); (h); (i); (n); (p); (v); article 191.
(c) Decisions on questions of substance arising under the following
provisions shall be taken by a three-fourths majority of the members
present and voting, provided that such majority includes a majority
of the members of the Council: article 162, paragraph 1; article 162,
paragraph 2, subparagraphs (a); (b); (c); (d); (e); (I); (q); (r);
(s); (t); (u) in cases of non-compliance by a contractor or a
sponsor; (w) provided that orders issued thereunder may be binding
for not more than 30 days unless confirmed by a decision taken in
accordance with subparagraph (d); article 162, paragraph 2,
subparagraphs (x); (y); (z); article 163, paragraph 2; article 174,
paragraph 3; Annex IV, article 11.
(d) Decisions on questions of substance arising under the following
provisions shall be taken by consensus: article 162, paragraph 2(m)
and (o); adoption of amendments to Part XI.
(e) For the purposes of subparagraphs (d), (f) and (g), “consensus” means
the absence of any formal objection. Within 14 days of the submission
of a proposal to the Council, the President of the Council shall
determine whether there would be a formal objection to the adoption
of the proposal. If the President determines that there would be such
an objection, the President shall establish and convene, within three
days following such determination, a conciliation committee
consisting of not more than nine members of the Council, with the
President as chairman, for the purpose of reconciling the differences
and producing a proposal which can be adopted by consensus. The
committee shall work expeditiously and report to the Council within
14 days following its establishment. If the committee is unable to
recommend a proposal which can be adopted by consensus, it shall set
out in its report the grounds on which the proposal is being opposed.
(f) Decisions on questions not listed above which the Council is
authorized to take by the rules, regulations and procedures of the
Authority or otherwise shall be taken pursuant to the subparagraphs
of this paragraph specified in the rules, regulations and procedures
or, if not specified therein, then pursuant to the subparagraph
determined by the Council if possible in advance, by consensus.
(g) When the issue arises as to whether a question is within subparagraph
(a), (b), (c) or (d), the question shall be treated as being within
the subparagraph requiring the higher or highest majority or
consensus as the case may be, unless otherwise decided by the Council
by the said majority or by consensus.

9. The Council shall establish a procedure whereby a member of the
Authority not represented on the Council may send a representative to
attend a meeting of the Council when a request is made by such member, or a
matter particularly affecting it is under consideration. Such a
representative shall be entitled to participate in the deliberations but
not to vote.

Article 162
Powers and functions

1. The Council is the executive organ of the Authority. The Council shall
have the power to establish, in conformity with this Convention and the
general policies established by the Assembly, the specific policies to be
pursued by the Authority on any question or matter within the competence of
the Authority.

2. In addition, the Council shall:

(a) supervise and co-ordinate the implementation of the provisions of
this Part on all questions and matters within the competence of the
Authority and invite the attention of the Assembly to cases of
non-compliance;
(b) propose to the Assembly a list of candidates for the election of the
Secretary-General;
(c) recommend to the Assembly candidates for the election of the members
of the Governing Board of the Enterprise and the Director-General of
the Enterprise;
(d) establish, as appropriate, and with due regard to economy and
efficiency, such subsidiary organs as it finds necessary for the
exercise of its functions in accordance with this Part. In the
composition of subsidiary organs, emphasis shall be placed on the
need for members qualified and competent in relevant technical
matters dealt with by those organs provided that due account shall be
taken of the principle of equitable geographical distribution and of
special interests;
(e) adopt its rules of procedure including the method of selecting its
president;
(f) enter into agreements with the United Nations or other international
organizations on behalf of the Authority and within its competence,
subject to approval by the Assembly;
(g) consider the reports of the Enterprise and transmit them to the
Assembly with its recommendations;
(h) present to the Assembly annual reports and such special reports as
the Assembly may request;
(i) issue directives to the Enterprise in accordance with article 170;
(j) approve plans of work in accordance with Annex III, article 6. The
Council shall act upon each plan of work within 60 days of its
submission by the Legal and Technical Commission at a session of the
Council in accordance with the following procedures:
(i) if the Commission recommends the approval of a plan of work, it
shall be deemed to have been approved by the Council if no member of
the Council submits in writing to the President within 14 days a
specific objection alleging non-compliance with the requirements of
Annex III, article 6. If there is an objection, the conciliation
procedure set forth in article 161, paragraph 8(e), shall apply. If,
at the end of the conciliation procedure, the objection is still
maintained, the plan of work shall be deemed to have been approved by
the Council unless the Council disapproves it by consensus among its
members excluding any State or States making the application or
sponsoring the applicant;
(ii) if the Commission recommends the disapproval of a plan of work
or does not make a recommendation, the Council may approve the plan
of work by a three-fourths majority of the members present and
voting, provided that such majority includes a majority of the
members participating in the session;
(k) approve plans of work submitted by the Enterprise in accordance with
Annex IV, article 12, applying, mutatis mutandis, the procedures set
forth in subparagraph (j);
(l) exercise control over activities in the Area in accordance with
article 153, paragraph 4, and the rules, regulations and procedures
of the Authority;
(m) take, upon the recommendation of the Economic Planning Commission,
necessary and appropriate measures in accordance with article 150,
subparagraph (h), to provide protection from the adverse economic
effects specified therein;
(n) make recommendations to the Assembly, on the basis of advice from the
Economic Planning Commission, for a system of compensation or other
measures of economic adjustment assistance as provided in article
151, paragraph 10;
(o) (i) recommend to the Assembly rules, regulations and procedures on
the equitable sharing of financial and other economic benefits
derived from activities in the Area and the payments and
contributions made pursuant to article 82, taking into particular
consideration the interests and needs of the developing States and
peoples who have not attained full independence or other
self-governing status;
(ii) adopt and apply provisionally, pending approval by the Assembly,
the rules, regulations and procedures of the Authority, and any
amendments thereto, taking into account the recommendations of the
Legal and Technical Commission or other subordinate organ concerned.
These rules, regulations and procedures shall relate to prospecting,
exploration and exploitation in the Area and the financial management
and internal administration of the Authority. Priority shall be given
to the adoption of rules, regulations and procedures for the
exploration for and exploitation of polymetallic nodules. Rules,
regulations and procedures for the exploration for and exploitation
of any resource other than polymetallic nodules shall be adopted
within three years from the date of a request to the Authority by any
of its members to adopt such rules, regulations and procedures in
respect of such resource. All rules, regulations and procedures shall
remain in effect on a provisional basis until approved by the
Assembly or until amended by the Council in the light of any views
expressed by the Assembly;
(p) review the collection of all payments to be made by or to the
Authority in connection with operations pursuant to this Part;
(q) make the selection from among applicants for production
authorizations pursuant to Annex III, article 7, where such selection
is required by that provision;
(r) submit the proposed annual budget of the Authority to the Assembly
for its approval;
(s) make recommendations to the Assembly concerning policies on any
question or matter within the competence of the Authority;
(t) make recommendations to the Assembly concerning suspension of the
exercise of the rights and privileges of membership pursuant to
article 185;
(u) institute proceedings on behalf of the Authority before the Sea-Bed
Disputes Chamber in cases of non-compliance;
(v) notify the Assembly upon a decision by the Sea-Bed Disputes Chamber
in proceedings instituted under subparagraph (u), and make any
recommendations which it may find appropriate with respect to
measures to be taken;
(w) issue emergency orders, which may include orders for the suspension
or adjustment of operations, to prevent serious harm to the marine
environment arising out of activities in the Area;
(x) disapprove areas for exploitation by contractors or the Enterprise in
cases where substantial evidence indicates the risk of serious harm
to the marine environment;
(y) establish a subsidiary organ for the elaboration of draft financial
rules, regulations and procedures relating to:
(i) financial management in accordance with articles 171 to 175; and
(ii) financial arrangements in accordance with Annex III, article 13
and article 17, paragraph 1 (c);
(z) establish appropriate mechanisms for directing and supervising a
staff of inspectors who shall inspect activities in the Area to
determine whether this Part, the rules, regulations and procedures of
the Authority, and the terms and conditions of any contract with the
Authority are being complied with.

Article 163
Organs of the Council

1. There are hereby established the following organs of the Council:

(a) an Economic Planning Commission;
(b) a Legal and Technical Commission.

2. Each Commission shall be composed of 15 members, elected by the Council
from among the candidates nominated by the States Parties. However, if
necessary, the Council may decide to increase the size of either Commission
having due regard to economy and efficiency.

3. Members of a Commission shall have appropriate qualifications in the
area of competence of that Commission. States Parties shall nominate
candidates of the highest standards of competence and integrity with
qualifications in relevant fields so as to ensure the effective exercise of
the functions of the Commissions.

4. In the election of members of the Commissions, due account shall be
taken of the need for equitable geographical distribution and the
representation of special interests.

5. No State Party may nominate more than one candidate for the same
Commission. No person shall be elected to serve on more than one
Commission.

6. Members of the Commissions shall hold office for a term of five years.
They shall be eligible for re-election for a further term.

7. In the event of the death, incapacity or resignation of a member of a
Commission prior to the expiration of the term of office, the Council shall
elect for the remainder of the term, a member from the same geographical
region or area of interest.

8. Members of Commissions shall have no financial interest in any activity
relating to exploration and exploitation in the Area. Subject to their
responsibilities to the Commissions upon which they serve, they shall not
disclose, even after the termination of their functions, any industrial
secret, proprietary data which are transferred to the Authority in
accordance with Annex III, article 14, or any other confidential
information coming to their knowledge by reason of their duties for the
Authority.

9. Each Commission shall exercise its functions in accordance with such
guidelines and directives as the Council may adopt.

10. Each Commission shall formulate and submit to the Council for approval
such rules and regulations as may be necessary for the efficient conduct of
the Commission’s functions.

11. The decision-making procedures of the Commissions shall be established
by the rules, regulations and procedures of the Authority. Recommendations
to the Council shall, where necessary, be accompanied by a summary on the
divergencies of opinion in the Commission.

12. Each Commission shall normally function at the seat of the Authority
and shall meet as often as is required for the efficient exercise of its
functions.

13. In the exercise of its functions, each Commission may, where
appropriate, consult another commission, any competent organ of the United
Nations or of its specialized agencies or any international organizations
with competence in the subject-matter of such consultation.

Article 164
The Economic Planning Commission

1. Members of the Economic Planning Commission shall have appropriate
qualifications such as those relevant to mining, management of mineral
resource activities, international trade or international economics. The
Council shall endeavour to ensure that the membership of the Commission
reflects all appropriate qualifications. The Commission shall include at
least two members from developing States whose exports of the categories of
minerals to be derived from the Area have a substantial bearing upon their
economies.

2. The Commission shall:

(a) propose, upon the request of the Council, measures to implement
decisions relating to activities in the Area taken in accordance with
this Convention;
(b) review the trends of and the factors affecting supply, demand and
prices of materials which may be derived from the Area, bearing in
mind the interests of both importing and exporting countries, and in
particular of the developing States among them;
(c) examine any situation likely to lead to the adverse effects referred
to in article 150, subparagraph (h), brought to its attention by the
State Party or States Parties concerned, and make appropriate
recommendations to the Council;
(d) propose to the Council for submission to the Assembly, as provided in
article 151, paragraph 10, a system of compensation or other measures
of economic adjustment assistance for developing States which suffer
adverse effects caused by activities in the Area. The Commission
shall make the recommendations to the Council that are necessary for
the application of the system or other measures adopted by the
Assembly in specific cases.

Article 165
The Legal and Technical Commission

1. Members of the Legal and Technical Commission shall have appropriate
qualifications such as those relevant to exploration for and exploitation
and processing of mineral resources, oceanology, protection of the marine
environment, or economic or legal matters relating to ocean mining and
related fields of expertise. The Council shall endeavour to ensure that the
membership of the Commission reflects all appropriate qualifications.

2. The Commission shall:

(a) make recommendations with regard to the exercise of the Authority’s
functions upon the request of the Council
(b) review formal written plans of work for activities in the Area in
accordance with article 153, paragraph 3, and submit appropriate
recommendations to the Council. The Commission shall base its
recommendations solely on the grounds stated in Annex III and shall
report fully thereon to the Council;
(c) supervise, upon the request of the Council, activities in the Area,
where appropriate, in consultation and collaboration with any entity
carrying out such activities or State or States concerned and report
to the Council;
(d) prepare assessments of the environmental implications of activities
in the Area;
(e) make recommendations to the Council on the protection of the marine
environment, taking into account the views of recognized experts in
that field;
(f) formulate and submit to the Council the rules regulations and
procedures referred to in article 162, paragraph 2(o) taking into
account all relevant factors including assessments of the
environmental implications of activities in the Area;
(g) keep such rules, regulations and procedures under review and
recommend to the Council from time to time such amendments thereto as
it may deem necessary or desirable;
(h) make recommendations to the Council regarding the establishment of a
monitoring programme to observe, measure evaluate and analyse by
recognized scientific methods, on a regular basis, the risks or
effects of pollution of the marine environment resulting from
activities in the Area, ensure that existing regulations are adequate
and are complied with and co-ordinate the implementation of the
monitoring programme approved by the Council;
(i) recommend to the Council that proceedings be instituted on behalf of
the Authority before the Sea-Bed Disputes Chamber, in accordance with
this Part and the relevant Annexes taking into account particularly
article 187;
(j) make recommendations to the Council with respect to measures to be
taken, upon a decision by the Sea-Bed Disputes Chamber in proceedings
instituted in accordance with subparagraph (i);
(k) make recommendations to the Council to issue emergency orders, which
may include orders for the suspension or adjustment of operations, to
prevent serious harm to the marine environment arising out of
activities in the Area. Such recommendations shall be taken up by the
Council on a priority basis;
(l) make recommendations to the Council to disapprove areas for
exploitation by contractors or the Enterprise in cases where
substantial evidence indicates the risk of serious harm to the marine
environment;
(m) make recommendations to the Council regarding the direction and
supervision of a staff of inspectors who shall inspect activities in
the Area to determine whether the provisions of this Part, the rules,
regulations and procedures of the Authority and the terms and
conditions of any contract with the Authority are being complied
with;
(n) calculate the production ceiling and issue production authorizations
on behalf of the Authority pursuant to article 151, paragraphs 2 to
7, following any necessary selection among applicants for production
authorizations by the Council in accordance with Annex III, article
7.

3. The members of the Commission shall, upon request by any State Party or
other party concerned, be accompanied by a representative of such State or
other party concerned when carrying out their function of supervision and
inspection.

SUBSECTION D. THE SECRETARIAT

Article 166
The Secretariat

1. The Secretariat of the Authority shall comprise a Secretary-General and
such staff as the Authority may require.

2. The Secretary-General shall be elected for four years by the Assembly
from among the candidates proposed by the Council and may be re-elected.

3. The Secretary-General shall be the chief administrative officer of the
Authority, and shall act in that capacity in all meetings of the Assembly,
of the Council and of any subsidiary organ, and shall perform such other
administrative functions as are entrusted to the Secretary-General by these
organs.

4. The Secretary-General shall make an annual report to the Assembly on the
work of the Authority.

Article 167
The staff of the Authority

1. The staff of the Authority shall consist of such qualified scientific
and technical and other personnel as may be required to fulfil the
administrative functions of the Authority.

2. The paramount consideration in the recruitment and employment of the
staff and in the determination of their conditions of service shall be the
necessity of securing the highest standards of efficiency, competence and
integrity. Subject to this consideration, due regard shall be paid to the
importance of recruiting the staff on as wide a geographical basis as
possible.

3. The staff shall be appointed by the Secretary-General. The terms and
conditions on which they shall be appointed, remunerated and dismissed
shall be in accordance with the rules, regulations and procedures of the
Authority.

Article 168
International character of the Secretariat

1. In the performance of their duties the Secretary-General and the staff
shall not seek or receive instructions from any government or from any
other source external to the Authority. They shall refrain from any action
which might reflect on their position as international officials
responsible only to the Authority. Each State Party undertakes to respect
the exclusively international character of the responsibilities of the
Secretary-General and the staff and not to seek to influence them in the
discharge of their responsibilities. Any violation of responsibilities by a
staff member shall be submitted to the appropriate administrative tribunal
as provided in the rules, regulations and procedures of the Authority.

2. The Secretary-General and the staff shall have no financial interest in
any activity relating to exploration and exploitation in the Area. Subject
to their responsibilities to the Authority, they shall not disclose, even
after the termination of their functions, any industrial secret,
proprietary data which are transferred to the Authority in accordance with
Annex III, article 14, or any other confidential information coming to
their knowledge by reason of their employment with the Authority.

3. Violations of the obligations of a staff member of the Authority set
forth in paragraph 2 shall, on the request of a State Party affected by
such violation, or a natural or juridical person, sponsored by a State
Party as provided in article 153, paragraph 2(b), and affected by such
violation, be submitted by the Authority against the staff member concerned
to a tribunal designated by the rules, regulations and procedures of the
Authority. The Party affected shall have the right to take part in the
proceedings. If the tribunal so recommends, the Secretary-General shall
dismiss the staff member concerned.

4. The rules, regulations and procedures of the Authority shall contain
such provisions as are necessary to implement this article.

Article 169
Consultation and co-operation with international and
non-governmental organizations

1. The Secretary-General shall, on matters within the competence of the
Authority, make suitable arrangements, with the approval of the Council,
for consultation and co-operation with international and non-governmental
organizations recognized by the Economic and Social Council of the United
Nations.

2. Any organization with which the Secretary-General has entered into an
arrangement under paragraph 1 may designate representatives to attend
meetings of the organs of the Authority as observers in accordance with the
rules of procedure of these organs. Procedures shall be established for
obtaining the views of such organizations in appropriate cases.

3. The Secretary-General may distribute to States Parties written reports
submitted by the non-governmental organizations referred to in paragraph 1
on subjects in which they have special competence and which are related to
the work of the Authority.

SUBSECTION E. THE ENTERPRISE

Article 170
The Enterprise

1. The Enterprise shall be the organ of the Authority which shall carry out
activities in the Area directly, pursuant to article 153, paragraph 2(a),
as well as the transporting, processing and marketing of minerals recovered
from the Area.

2. The Enterprise shall, within the framework of the international legal
personality of the Authority, have such legal capacity as is provided for
in the Statute set forth in Annex IV. The Enterprise shall act in
accordance with this Convention and the rules, regulations and procedures
of the Authority, as well as the general policies established by the
Assembly, and shall be subject to the directives and control of the
Council.

3. The Enterprise shall have its principal place of business at the seat of
the Authority.

4. The Enterprise shall, in accordance with article 173, paragraph 2, and
Annex IV, article 11, be provided with such funds as it may require to
carry out its functions, and shall receive technology as provided in
article 144 and other relevant provisions of this Convention.

SUBSECTION F. FINANCIAL ARRANGEMENTS
OF THE AUTHORITY

Article 171
Funds of the Authority

The funds of the Authority shall include:

(a) assessed contributions made by members of the Authority in accordance
with article 160, paragraph 2(e);
(b) funds received by the Authority pursuant to Annex III, article 13, in
connection with activities in the Area;
(c) funds transferred from the Enterprise in accordance with Annex IV,
article 10;
(d) funds borrowed pursuant to article 174;
(e) voluntary contributions made by members or other entities; and
(f) payments to a compensation fund, in accordance with article 151,
paragraph 10, whose sources are to be recommended by the Economic
Planning Commission.

Article 172
Annual budget of the Authority

The Secretary-General shall draft the proposed annual budget of the
Authority and submit it to the Council. The Council shall consider the
proposed annual budget and submit it to the Assembly, together with any
recommendations thereon. The Assembly shall consider and approve the
proposed annual budget in accordance with article 160, paragraph 2(h).

Article 173
Expenses of the Authority

1. The contributions referred to in article 171, subparagraph (a), shall be
paid into a special account to meet the administrative expenses of the
Authority until the Authority has sufficient funds from other sources to
meet those expenses.

2. The administrative expenses of the Authority shall be a first call upon
the funds of the Authority. Except for the assessed contributions referred
to in article 171, subparagraph (a), the funds which remain after payment
of administrative expenses may, inter alia:

(a) be shared in accordance with article 140 and article 160, paragraph
2(g);
(b) be used to provide the Enterprise with funds in accordance with
article 170, paragraph 4;
(c) be used to compensate developing States in accordance with article
151, paragraph 10, and article 160, paragraph 2(1).

Article 174
Borrowing power of the Authority

1. The Authority shall have the power to borrow funds.

2. The Assembly shall prescribe the limits on the borrowing power of the
Authority in the financial regulations adopted pursuant to article 160,
paragraph 2(f).

3. The Council shall exercise the borrowing power of the Authority.

4. States Parties shall not be liable for the debts of the Authority.

Article 175
Annual audit

The records, books and accounts of the Authority, including its annual
financial statements, shall be audited annually by an independent auditor
appointed by the Assembly.

SUBSECTION G. LEGAL STATUS, PRIVILEGES
AND IMMUNITIES

Article 176
Legal status

The Authority shall have international legal personality and such legal
capacity as may be necessary for the exercise of its functions and the
fulfilment of its purposes.

Article 177
Privileges and immunities

To enable the Authority to exercise its functions, it shall enjoy in the
territory of each State Party the privileges and immunities set forth in
this subsection. The privileges and immunities relating to the Enterprise
shall be those set forth in Annex IV, article 13.

Article 178
Immunity from legal process

The Authority, its property and assets, shall enjoy immunity from legal
process except to the extent that the Authority expressly waives this
immunity in a particular case.

Article 179
Immunity from search and any form of seizure

The property and assets of the Authority, wherever located and by
whomsoever held, shall be immune from search, requisition, confiscation,
expropriation or any other form of seizure by executive or legislative
action.

Article 180
Exemption from restrictions, regulations,
controls and moratoria

The property and assets of the Authority shall be exempt from restrictions,
regulations, controls and moratoria of any nature.

Article 181
Archives and official communications of the Authority
1. The archives of the Authority, wherever located, shall be inviolable.

2. Proprietary data, industrial secrets or similar information and
personnel records shall not be placed in archives which are open to public
inspection.

3. With regard to its official communications, the Authority shall be
accorded by each State Party treatment no less favourable than that
accorded by that State to other international organizations.

Article 182
Privileges and immunities of certain persons connected
with the Authority

Representatives of States Parties attending meetings of the Assembly, the
Council or organs of the Assembly or the Council, and the Secretary-General
and staff of the Authority, shall enjoy in the territory of each State
Party:

(a) immunity from legal process with respect to acts performed by them in
the exercise of their functions, except to the extent that the State
which they represent or the Authority, as appropriate, expressly
waives this immunity in a particular case;
(b) if they are not nationals of that State Party, the same exemptions
from immigration restrictions, alien registration requirements and
national service obligations, the same facilities as regards exchange
restrictions and the same treatment in respect of travelling
facilities as are accorded by that State to the representatives,
officials and employees of comparable rank of other States Parties.

Article 183
Exemption from taxes and customs duties

1. Within the scope of its official activities, the Authority, its assets
and property, its income, and its operations and transactions, authorized
by this Convention, shall be exempt from all direct taxation and goods
imported or exported for its official use shall be exempt from all customs
duties. The Authority shall not claim exemption from taxes which are no
more than charges for services rendered.

2. When purchases of goods or services of substantial value necessary for
the official activities of the Authority are made by or on behalf of the
Authority, and when the price of such goods or services includes taxes or
duties, appropriate measures shall, to the extent practicable, be taken by
States Parties to grant exemption from such taxes or duties or provide for
their reimbursement. Goods imported or purchased under an exemption
provided for in this article shall not be sold or otherwise disposed of in
the territory of the State Party which granted the exemption, except under
conditions agreed with that State Party.

3. No tax shall be levied by States Parties on or in respect of salaries
and emoluments paid or any other form of payment made by the Authority to
the Secretary-General and staff of the Authority, as well as experts
performing missions for the Authority, who are not their nationals.

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

Article 184
Suspension of the exercise of voting rights

A State Party which is in arrears in the payment of its financial
contributions to the Authority shall have no vote if the amount of its
arrears equals or exceeds the amount of the contributions due from it for
the preceding two full years. The Assembly may, nevertheless, permit such a
member to vote if it is satisfied that the failure to pay is due to
conditions beyond the control of the member.

Article 185
Suspension of exercise of rights
and privileges of membership

1. A State Party which has grossly and persistently violated the provisions
of this Part may be suspended from the exercise of the rights and
privileges of membership by the Assembly upon the recommendation of the
Council.

2. No action may be taken under paragraph 1 until the Sea-Bed Disputes
Chamber has found that a State Party has grossly and persistently violated
the provisions of this Part.

SECTION 5. SETTLEMENT OF DISPUTES
AND ADVISORY OPINIONS

Article 186
Sea-Bed Disputes Chamber of the
International Tribunal for the Law of the Sea

The establishment of the Sea-Bed Disputes Chamber and the manner in which
it shall exercise its jurisdiction shall be governed by the provisions of
this section, of Part XV and of Annex VI.

Article 187
Jurisdiction of the Sea-Bed Disputes Chamber

The Sea-Bed Disputes Chamber shall have jurisdiction under this Part and
the Annexes relating thereto in disputes with respect to activities in the
Area falling within the following categories:

(a) disputes between States Parties concerning the interpretation or
application of this Part and the Annexes relating thereto;
(b) disputes between a State Party and the Authority concerning:
(i) acts or omissions of the Authority or of a State Party alleged to
be in violation of this Part or the Annexes relating thereto or of
rules, regulations and procedures of the Authority adopted in
accordance therewith; or
(ii) acts of the Authority alleged to be in excess of jurisdiction or
a misuse of power;
(c) disputes between parties to a contract, being States Parties, the
Authority or the Enterprise, state enterprises and natural or
juridical persons referred to in article 153, paragraph 2 (b),
concerning:
(i) the interpretation or application of a relevant contract or a
plan of work; or
(ii) acts or omissions of a party to the contract relating to
activities in the Area and directed to the other party or directly
affecting its legitimate interests;
(d) disputes between the Authority and a prospective contractor who has
been sponsored by a State as provided in article 153, paragraph 2
(b), and has duly fulfilled the conditions referred to in Annex III,
article 4, paragraph 6, and article 13, paragraph 2, concerning the
refusal of a contract or a legal issue arising in the negotiation of
the contract;
(e) disputes between the Authority and a State Party, a state enterprise
or a natural or juridical person sponsored by a State Party as
provided for in article 153, paragraph 2(b), where it is alleged that
the Authority has incurred liability as provided in Annex III,
article 22;
(f) any other disputes for which the jurisdiction of the Chamber is
specifically provided in this Convention.

Article 188
Submission of disputes to a special chamber of the
International Tribunal for the Law of the Sea or an ad hoc
chamber of the Sea-Bed Disputes Chamber or to binding
commercial arbitration

1. Disputes between States Parties referred to in article 187, subparagraph
(a), may be submitted:

(a) at the request of the parties to the dispute, to a special chamber of
the International Tribunal for the Law of the Sea to be formed in
accordance with Annex VI, articles 15 and 17; or
(b) at the request of any party to the dispute, to an ad hoc chamber of
the Sea-Bed Disputes Chamber to be formed in accordance with Annex
VI, article 36.

2. (a) Disputes concerning the interpretation or application of a
contract referred to in article 187, subparagraph (c) (i), shall be
submitted, at the request of any party to the dispute, to binding
commercial arbitration, unless the parties otherwise agree. A
commercial arbitral tribunal to which the dispute is submitted shall
have no jurisdiction to decide any question of interpretation of this
Convention. When the dispute also involves a question of the
interpretation of Part XI and the Annexes relating thereto, with
respect to activities in the Area, that question shall be referred to
the Sea-Bed Disputes Chamber for a ruling.
(b) If, at the commencement of or in the course of such arbitration, the
arbitral tribunal determines, either at the request of any party to
the dispute or proprio motu, that its decision depends upon a ruling
of the Sea-Bed Disputes Chamber, the arbitral tribunal shall refer
such question to the Sea-Bed Disputes Chamber for such ruling. The
arbitral tribunal shall then proceed to render its award in
conformity with the ruling of the SeaBed Disputes Chamber.
(c) In the absence of a provision in the contract on the arbitration
procedure to be applied in the dispute, the arbitration shall be
conducted in accordance with the UNCITRAL Arbitration Rules or such
other arbitration rules as may be prescribed in the rules,
regulations and procedures of the Authority, unless the parties to
the dispute otherwise agree.

Article 189
Limitation on jurisdiction with regard to decisions of the Authority

The Sea-Bed Disputes Chamber shall have no jurisdiction with regard to the
exercise by the Authority of its discretionary powers in accordance with
this Part; in no case shall it substitute its discretion for that of the
Authority. Without prejudice to article 191, in exercising its jurisdiction
pursuant to article 187, the Sea-Bed Disputes Chamber shall not pronounce
itself on the question of whether any rules, regulations and procedures of
the Authority are in conformity with this Convention, nor declare invalid
any such rules, regulations and procedures. Its jurisdiction in this regard
shall be confined to deciding claims that the application of any rules,
regulations and procedures of the Authority in individual cases would be in
conflict with the contractual obligations of the parties to the dispute or
their obligations under this Convention, claims concerning excess of
jurisdiction or misuse of power, and to claims for damages to be paid or
other remedy to be given to the party concerned for the failure of the
other party to comply with its contractual obligations or its obligations
under this Convention.

Article 190
Participation and appearance of sponsoring States Parties in proceedings

1. If a natural or juridical person is a party to a dispute referred to in
article 187, the sponsoring State shall be given notice thereof and shall
have the right to participate in the proceedings by submitting written or
oral statements.

2. If an action is brought against a State Party by a natural or juridical
person sponsored by another State Party in a dispute referred to in article
187, subparagraph (c), the respondent State may request the State
sponsoring that person to appear in the proceedings on behalf of that
person. Failing such appearance, the respondent State may arrange to be
represented by a juridical person of its nationality.

Article 191
Advisory opinions

The Sea-Bed Disputes Chamber shall give advisory opinions at the request of
the Assembly or the Council on legal questions arising within the scope of
their activities. Such opinions shall be given as a matter of urgency.

PART XII

PROTECTION AND PRESERVATION OF THE
MARINE ENVIRONMENT

SECTION 1. GENERAL PROVISIONS

Article 192
General obligation

States have the obligation to protect and preserve the marine environment.

Article 193
Sovereign right of States to exploit their natural resources

States have the sovereign right to exploit their natural resources pursuant
to their environmental policies and in accordance with their duty to
protect and preserve the marine environment.

Article 194
Measures to prevent, reduce and control pollution of the
marine environment

1. States shall take, individually or jointly as appropriate, all measures
consistent with this Convention that are necessary to prevent, reduce and
control pollution of the marine environment from any source, using for this
purpose the best practicable means at their disposal and in accordance with
their capabilities, and they shall endeavour to harmonize their policies in
this connection.

2. States shall take all measures necessary to ensure that activities under
their jurisdiction or control are so conducted as not to cause damage by
pollution to other States and their environment, and that pollution arising
from incidents or activities under their jurisdiction or control does not
spread beyond the areas where they exercise sovereign rights in accordance
with this Convention.

3. The measures taken pursuant to this Part shall deal with all sources of
pollution of the marine environment. These measures shall include, inter
alia, those designed to minimize to the fullest possible extent:

(a) the release of toxic, harmful or noxious substances, especially those
which are persistent, from land-based sources, from or through the
atmosphere or by dumping;
(b) pollution from vessels, in particular measures for preventing
accidents and dealing with emergencies, ensuring the safety of
operations at sea, preventing intentional and unintentional
discharges, and regulating the design, construction, equipment,
operation and manning of vessels;
(c) pollution from installations and devices used in exploration or
exploitation of the natural resources of the sea-bed and subsoil, in
particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, and regulating
the design, construction, equipment, operation and manning of such
installations or devices;
(d) pollution from other installations and devices operating in the
marine environment, in particular measures for preventing accidents
and dealing with emergencies, ensuring the safety of operations at
sea, and regulating the design, construction, equipment, operation
and manning of such installations or devices.

4. In taking measures to prevent, reduce or control pollution of the marine
environment, States shall refrain from unjustifiable interference with
activities carried out by other States in the exercise of their rights and
in pursuance of their duties in conformity with this Convention.

5. The measures taken in accordance with this Part shall include those
necessary to protect and preserve rare or fragile ecosystems as well as the
habitat of depleted, threatened or endangered species and other forms of
marine life.

Article 195
Duty not to transfer damage or hazards or transform one type
of pollution into another

In taking measures to prevent, reduce and control pollution of the marine
environment, States shall act so as not to transfer, directly or
indirectly, damage or hazards from one area to another or transform one
type of pollution into another.

Article 196
Use of technologies or introduction of alien or new species

1. States shall take all measures necessary to prevent, reduce and control
pollution of the marine environment resulting from the use of technologies
under their jurisdiction or control, or the intentional or accidental
introduction of species, alien or new, to a particular part of the marine
environment, which may cause significant and harmful changes thereto.

2. This article does not affect the application of this Convention
regarding the prevention, reduction and control of pollution of the marine
environment.

SECTION 2. GLOBAL AND REGIONAL CO-OPERATION

Article 197
Co-operation on a global or regional basis

States shall co-operate on a global basis and, as appropriate, on a
regional basis, directly or through competent international organizations,
in formulating and elaborating international rules, standards and
recommended practices and procedures consistent with this Convention, for
the protection and preservation of the marine environment, taking into
account characteristic regional features.

Article 198
Notification of imminent or actual damage

When a State becomes aware of cases in which the marine environment is in
imminent danger of being damaged or has been damaged by pollution, it shall
immediately notify other States it deems likely to be affected by such
damage, as well as the competent international organizations.

Article 199
Contingency plans against pollution

In the cases referred to in article 198, States in the area affected, in
accordance with their capabilities, and the competent international
organizations shall co-operate, to the extent possible, in eliminating the
effects of pollution and preventing or minimizing the damage. To this end,
States shall jointly develop and promote contingency plans for responding
to pollution incidents in the marine environment.

Article 200
Studies, research programmes and exchange of
information and data

States shall co-operate, directly or through competent international
organizations, for the purpose of promoting studies, undertaking programmes
of scientific research and encouraging the exchange of information and data
acquired about pollution of the marine environment. They shall endeavour to
participate actively in regional and global programmes to acquire knowledge
for the assessment of the nature and extent of pollution, exposure to it,
and its pathways, risks and remedies.

Article 201
Scientific criteria for regulations

In the light of the information and data acquired pursuant to article 200,
States shall co-operate, directly or through competent international
organizations, in establishing appropriate scientific criteria for the
formulation and elaboration of rules, standards and recommended practices
and procedures for the prevention, reduction and control of pollution of
the marine environment.

SECTION 3. TECHNICAL ASSISTANCE

Article 202
Scientific and technical assistance to developing States

States shall, directly or through competent international organizations:

(a) promote programmes of scientific, educational, technical and other
assistance to developing States for the protection and preservation
of the marine environment and the prevention, reduction and control
of marine pollution. Such assistance shall include, inter alia:
(i) training of their scientific and technical personnel;
(ii) facilitating their participation in relevant international
programmes;
(iii) supplying them with necessary equipment and facilities;
(iv) enhancing their capacity to manufacture such equipment;
(v) advice on and developing facilities for research, monitoring,
educational and other programmes;
(b) provide appropriate assistance, especially to developing States, for
the minimization of the effects of major incidents which may cause
serious pollution of the marine environment;
(c) provide appropriate assistance, especially to developing States,
concerning the preparation of environmental assessments.

Article 203
Preferential treatment for developing States

Developing States shall, for the purposes of prevention, reduction and
control of pollution of the marine environment or minimization of its
effects, be granted preference by international organizations in:

(a) the allocation of appropriate funds and technical assistance; and
(b) the utilization of their specialized services.

SECTION 4. MONITORING AND ENVIRONMENTAL
ASSESSMENT

Article 204
Monitoring of the risks or effects of pollution

1. States shall, consistent with the rights of other States, endeavour, as
far as practicable, directly or through the competent international
organizations, to observe, measure, evaluate and analyse, by recognized
scientific methods, the risks or effects of pollution of the marine
environment.

2. In particular, States shall keep under surveillance the effects of any
activities which they permit or in which they engage in order to determine
whether these activities are likely to pollute the marine environment.

Article 205
Publication of reports

States shall publish reports of the results obtained pursuant to article
204 or provide such reports at appropriate intervals to the competent
international organizations, which should make them available to all
States.

Article 206
Assessment of potential effects of activities

When States have reasonable grounds for believing that planned activities
under their jurisdiction or control may cause substantial pollution of or
significant and harmful changes to the marine environment, they shall, as
far as practicable, assess the potential effects of such activities on the
marine environment and shall communicate reports of the results of such
assessments in the manner provided in article 205.

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

Article 207
Pollution from land-based sources

1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment from land-based sources, including
rivers, estuaries, pipelines and outfall structures, taking into account
internationally agreed rules, standards and recommended practices and
procedures.
2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.

3. States shall endeavour to harmonize their policies in this connection at
the appropriate regional level.

4. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent,
reduce and control pollution of the marine environment from land-based
sources, taking into account characteristic regional features, the economic
capacity of developing States and their need for economic development. Such
rules, standards and recommended practices and procedures shall be
reexamined from time to time as necessary.

5. Laws, regulations, measures, rules, standards and recommended practices
and procedures referred to in paragraphs 1, 2 and 4 shall include those
designed to minimize, to the fullest extent possible, the release of toxic,
harmful or noxious substances, especially those which are persistent, into
the marine environment.

Article 208
Pollution from sea-bed activities subject to
national jurisdiction

1. Coastal States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment arising from or in connection
with seabed activities subject to their jurisdiction and from artificial
islands, installations and structures under their jurisdiction, pursuant to
articles 60 and 80.

2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.

3. Such laws, regulations and measures shall be no less effective than
international rules, standards and recommended practices and procedures.

4. States shall endeavour to harmonize their policies in this connection at
the appropriate regional level.

5. States, acting especially through competent international organizations
or diplomatic conference, shall establish global and regional rules,
standards and recommended practices and procedures to prevent, reduce and
control pollution of the marine environment referred to in paragraph 1.
Such rules, standards and recommended practices and procedures shall be
re-examined from time to time as necessary.

Article 209
Pollution from activities in the Area

1. International rules, regulations and procedures shall be established in
accordance with Part XI to prevent, reduce and control pollution of the
marine environment from activities in the Area. Such rules, regulations and
procedures shall be re-examined from time to time as necessary.

2. Subject to the relevant provisions of this section, States shall adopt
laws and regulations to prevent, reduce and control pollution of the marine
environment from activities in the Area undertaken by vessels,
installations, structures and other devices flying their flag or of their
registry or operating under their authority, as the case may be. The
requirements of such laws and regulations shall be no less effective than
the international rules, regulations and procedures referred to in
paragraph 1.

Article 210
Pollution by dumping

1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment by dumping.

2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.

3. Such laws, regulations and measures shall ensure that dumping is not
carried out without the permission of the competent authorities of States.

4. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent,
reduce and control such pollution. Such rules, standards and recommended
practices and procedures shall be re-examined from time to time as
necessary.

5. Dumping within the territorial sea and the exclusive economic zone or
onto the continental shelf shall not be carried out without the express
prior approval of the coastal State, which has the right to permit,
regulate and control such dumping after due consideration of the matter
with other States which by reason of their geographical situation may be
adversely affected thereby.

6. National laws, regulations and measures shall be no less effective in
preventing, reducing and controlling such pollution than the global rules
and standards.

Article 211
Pollution from vessels

1. States, acting through the competent international organization or
general diplomatic conference, shall establish international rules and
standards to prevent, reduce and control pollution of the marine
environment from vessels and promote the adoption, in the same manner,
wherever appropriate, of routeing systems designed to minimize the threat
of accidents which might cause pollution of the marine environment,
including the coastline, and pollution damage to the related interests of
coastal States. Such rules and standards shall, in the same manner, be
re-examined from time to time as necessary.

2. States shall adopt laws and regulations for the prevention, reduction
and control of pollution of the marine environment from vessels flying
their flag or of their registry. Such laws and regulations shall at least
have the same effect as that of generally accepted international rules and
standards established through the competent international organization or
general diplomatic conference.

3. States which establish particular requirements for the prevention,
reduction and control of pollution of the marine environment as a condition
for the entry of foreign vessels into their ports or internal waters or for
a call at their off-shore terminals shall give due publicity to such
requirements and shall communicate them to the competent international
organization. Whenever such requirements are established in identical form
by two or more coastal States in an endeavour to harmonize policy, the
communication shall indicate which States are participating in such
co-operative arrangements. Every State shall require the master of a vessel
flying its flag or of its registry, when navigating within the territorial
sea of a State participating in such co-operative arrangements, to furnish,
upon the request of that State, information as to whether it is proceeding
to a State of the same region participating in such co-operative
arrangements and, if so, to indicate whether it complies with the port
entry requirements of that State. This article is without prejudice to the
continued exercise by a vessel of its right of innocent passage or to the
application of article 25, paragraph 2.

4. Coastal States may, in the exercise of their sovereignty within their
territorial sea, adopt laws and regulations for the prevention, reduction
and control of marine pollution from foreign vessels, including vessels
exercising the right of innocent passage. Such laws and regulations shall,
in accordance with Part 11, section 3, not hamper innocent passage of
foreign vessels.

5. Coastal States, for the purpose of enforcement as provided for in
section 6, may in respect of their exclusive economic zones adopt laws and
regulations for the prevention, reduction and control of pollution from
vessels conforming to and giving effect to generally accepted international
rules and standards established through the competent international
organization or general diplomatic conference.

6. (a) Where the international rules and standards referred to in
paragraph 1 are inadequate to meet special circumstances and coastal
States have reasonable grounds for believing that a particular,
clearly defined area of their respective exclusive economic zones is
an area where the adoption of special mandatory measures for the
prevention of pollution from vessels is required for recognized
technical reasons in relation to its oceanographical and ecological
conditions, as well as its utilization or the protection of its
resources and the particular character of its traffic, the coastal
States, after appropriate consultations through the competent
international organization with any other States concerned, may, for
that area, direct a communication to that organization, submitting
scientific and technical evidence in support and information on
necessary reception facilities. Within 12 months after receiving such
a communication, the organization shall determine whether the
conditions in that area correspond to the requirements set out above.
If the organization so determines, the coastal States may, for that
area, adopt laws and regulations for the prevention, reduction and
control of pollution from vessels implementing such international
rules and standards or navigational practices as are made applicable,
through the organization, for special areas. These laws and
regulations shall not become applicable to foreign vessels until 15
months after the submission of the communication to the organization.
(b) The coastal States shall publish the limits of any such particular,
clearly defined area.
(c) If the coastal States intend to adopt additional laws and regulations
for the same area for the prevention, reduction and control of
pollution from vessels, they shall, when submitting the aforesaid
communication, at the same time notify the organization thereof. Such
additional laws and regulations may relate to discharges or
navigational practices but shall not require foreign vessels to
observe design, construction, manning or equipment standards other
than generally accepted international rules and standards; they shall
become applicable to foreign vessels 15 months after the submission
of the communication to the organization, provided that the
organization agrees within 12 months after the submission of the
communication.

7. The international rules and standards referred to in this article should
include inter alia those relating to prompt notification to coastal States,
whose coastline or related interests may be affected by incidents,
including maritime casualties, which involve discharges or probability of
discharges.

Article 212
Pollution from or through the atmosphere
1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment from or through the atmosphere,
applicable to the air space under their sovereignty and to vessels flying
their flag or vessels or aircraft of their registry, taking into account
internationally agreed rules standards and recommended practices and
procedures and the safety of air navigation.

2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.

3. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent,
reduce and control such pollution.

SECTION 6. ENFORCEMENT

Article 213
Enforcement with respect to pollution from land-based sources

States shall enforce their laws and regulations adopted in accordance with
article 207 and shall adopt laws and regulations and take other measures
necessary to implement applicable international rules and standards
established through competent international organizations or diplomatic
conference to prevent, reduce and control pollution of the marine
environment from land-based sources.

Article 214
Enforcement with respect to pollution from
sea-bed activities

States shall enforce their laws and regulations adopted in accordance with
article 208 and shall adopt laws and regulations and take other measures
necessary to implement applicable international rules and standards
established through competent international organizations or diplomatic
conference to prevent, reduce and control pollution of the marine
environment arising from or in connection with sea-bed activities subject
to their jurisdiction and from artificial islands, installations and
structures under their jurisdiction, pursuant to articles 60 and 80.

Article 215
Enforcement with respect to pollution from activities in the Area

Enforcement of international rules, regulations and procedures established
in accordance with Part XI to prevent, reduce and control pollution of the
marine environment from activities in the Area shall be governed by that
Part.

Article 216
Enforcement with respect to pollution by dumping

1. Laws and regulations adopted in accordance with this Convention and
applicable international rules and standards established through competent
international organizations or diplomatic conference for the prevention,
reduction and control of pollution of the marine environment by dumping
shall be enforced:

(a) by the coastal State with regard to dumping within its territorial
sea or its exclusive economic zone or onto its continental shelf;
(b) by the flag State with regard to vessels flying its flag or vessels
or aircraft of its registry;
(c) by any State with regard to acts of loading of wastes or other matter
occurring within its territory or at its off-shore terminals.

2. No State shall be obliged by virtue of this article to institute
proceedings when another State has already instituted proceedings in
accordance with this article.

Article 217
Enforcement by flag States

1. States shall ensure compliance by vessels flying their flag or of their
registry with applicable international rules and standards, established
through the competent international organization or general diplomatic
conference, and with their laws and regulations adopted in accordance with
this Convention for the prevention, reduction and control of pollution of
the marine environment from vessels and shall accordingly adopt laws and
regulations and take other measures necessary for their implementation.
Flag States shall provide for the effective enforcement of such rules,
standards, laws and regulations, irrespective of where a violation occurs.

2. States shall, in particular, take appropriate measures in order to
ensure that vessels flying their flag or of their registry are prohibited
from sailing, until they can proceed to sea in compliance with the
requirements of the international rules and standards referred to in
paragraph I, including requirements in respect of design, construction,
equipment and manning of vessels.

3. States shall ensure that vessels flying their flag or of their registry
carry on board certificates required by and issued pursuant to
international rules and standards referred to in paragraph 1. States shall
ensure that vessels flying their flag are periodically inspected in order
to verify that such certificates are in conformity with the actual
condition of the vessels. These certificates shall be accepted by other
States as evidence of the condition of the vessels and shall be regarded as
having the same force as certificates issued by them, unless there are
clear grounds for believing that the condition of the vessel does not
correspond substantially with the particulars of the certificates.

4. If a vessel commits a violation of rules and standards established
through the competent international organization or general diplomatic
conference, the flag State, without prejudice to articles 218, 220 and 228,
shall provide for immediate investigation and where appropriate institute
proceedings in respect of the alleged violation irrespective of where the
violation occurred or where the pollution caused by such violation has
occurred or has been spotted.

5. Flag States conducting an investigation of the violation may request the
assistance of any other State whose co-operation could be useful in
clarifying the circumstances of the case. States shall endeavour to meet
appropriate requests of flag States.

6. States shall, at the written request of any State, investigate any
violation alleged to have been committed by vessels flying their flag. If
satisfied that sufficient evidence is available to enable proceedings to be
brought in respect of the alleged violation, flag States shall without
delay institute such proceedings in accordance with their laws.

7. Flag States shall promptly inform the requesting State and the competent
international organization of the action taken and its outcome. Such
information shall be available to all States.

8. Penalties provided for by the laws and regulations of States for vessels
flying their flag shall be adequate in severity to discourage violations
wherever they occur.

Article 218
Enforcement by port States

1. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State may undertake investigations and, where the evidence
so warrants, institute proceedings in respect of any discharge from that
vessel outside the internal waters, territorial sea or exclusive economic
zone of that State in violation of applicable international rules and
standards established through the competent international organization or
general diplomatic conference.

2. No proceedings pursuant to paragraph 1 shall be instituted in respect of
a discharge violation in the internal waters, territorial sea or exclusive
economic zone of another State unless requested by that State, the flag
State, or a State damaged or threatened by the discharge violation, or
unless the violation has caused or is likely to cause pollution in the
internal waters, territorial sea or exclusive economic zone of the State
instituting the proceedings.

3. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State shall, as far as practicable, comply with requests
from any State for investigation of a discharge violation referred to in
paragraph 1, believed to have occurred in, caused, or threatened damage to
the internal waters, territorial sea or exclusive economic zone of the
requesting State. It shall likewise, as far as practicable, comply with
requests from the flag State for investigation of such a violation,
irrespective of where the violation occurred.

4. The records of the investigation carried out by a port State pursuant to
this article shall be transmitted upon request to the flag State or to the
coastal State. Any proceedings instituted by the port State on the basis of
such an investigation may, subject to section 7, be suspended at the
request of the coastal State when the violation has occurred within its
internal waters, territorial sea or exclusive economic zone. The evidence
and records of the case, together with any bond or other financial security
posted with the authorities of the port State, shall in that event be
transmitted to the coastal State. Such transmittal shall preclude the
continuation of proceedings in the port State.

Article 219
Measures relating to seaworthiness of vessels to avoid
pollution

Subject to section 7, States which, upon request or on their own
initiative, have ascertained that a vessel within one of their ports or at
one of their offshore terminals is in violation of applicable international
rules and standards relating to seaworthiness of vessels and thereby
threatens damage to the marine environment shall, as far as practicable,
take administrative measures to prevent the vessel from sailing. Such
States may permit the vessel to proceed only to the nearest appropriate
repair yard and, upon removal of the causes of the violation, shall permit
the vessel to continue immediately.

Article 220
Enforcement by coastal States

1. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State may, subject to section 7, institute proceedings in
respect of any violation of its laws and regulations adopted in accordance
with this Convention or applicable international rules and standards for
the prevention, reduction and control of pollution from vessels when the
violation has occurred within the territorial sea or the exclusive economic
zone of that State.

2. Where there are clear grounds for believing that a vessel navigating in
the territorial sea of a State has, during its passage therein, violated
laws and regulations of that State adopted in accordance with this
Convention or applicable international rules and standards for the
prevention, reduction and control of pollution from vessels, that State,
without prejudice to the application of the relevant provisions of Part II,
section 3, may undertake physical inspection of the vessel relating to the
violation and may, where the evidence so warrants institute proceedings,
including detention of the vessel, in accordance with its laws, subject to
the provisions of section 7.

3. Where there are clear grounds for believing that a vessel navigating in
the exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation of applicable international
rules and standards for the prevention, reduction and control of pollution
from vessels or laws and regulations of that State conforming and giving
effect to such rules and standards, that State may require the vessel to
give information regarding its identity and port of registry, its last and
its next port of call and other relevant information required to establish
whether a violation has occurred.

4. States shall adopt laws and regulations and take other measures so that
vessels flying their flag comply with requests for information pursuant to
paragraph 3.

5. Where there are clear grounds for believing that a vessel navigating in
the exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation referred to in paragraph 3
resulting in a substantial discharge causing or threatening significant
pollution of the marine environment, that State may undertake physical
inspection of the vessel for matters relating to the violation if the
vessel has refused to give information or if the information supplied by
the vessel is manifestly at variance with the evident factual situation and
if the circumstances of the case justify such inspection.

6. Where there is clear objective evidence that a vessel navigating in the
exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation referred to in paragraph 3
resulting in a discharge causing major damage or threat of major damage to
the coastline or related interests of the coastal State, or to any
resources of its territorial sea or exclusive economic zone, that State
may, subject to section 7, provided that the evidence so warrants,
institute proceedings, including detention of the vessel, in accordance
with its laws.

7. Notwithstanding the provisions of paragraph 6, whenever appropriate
procedures have been established, either through the competent
international organization or as otherwise agreed, whereby compliance with
requirements for bonding or other appropriate financial security has been
assured, the coastal State if bound by such procedures shall allow the
vessel to proceed.

8. The provisions of paragraphs 3, 4, 5, 6 and 7 also apply in respect of
national laws and regulations adopted pursuant to article 211, paragraph 6.

Article 221
Measures to avoid pollution arising from maritime casualties

1. Nothing in this Part shall prejudice the right of States, pursuant to
international law, both customary and conventional, to take and enforce
measures beyond the territorial sea proportionate to the actual or
threatened damage to protect their coastline or related interests,
including fishing, from pollution or threat of pollution following upon a
maritime casualty or acts relating to such a casualty, which may reasonably
be expected to result in major harmful consequences.

2. For the purposes of this article, “maritime casualty” means a collision
of vessels, stranding or other incident of navigation, or other occurrence
on board a vessel or external to it resulting in material damage or
imminent threat of material damage to a vessel or cargo.

Article 222
Enforcement with respect to pollution from or
through the atmosphere

States shall enforce, within the air space under their sovereignty or with
regard to vessels flying their flag or vessels or aircraft of their
registry, their laws and regulations adopted in accordance with article
212, paragraph 1, and with other provisions of this Convention and shall
adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent
international organizations or diplomatic conference to prevent, reduce and
control pollution of the marine environment from or through the atmosphere,
in conformity with all relevant international rules and standards
concerning the safety of air navigation.

SECTION 7. SAFEGUARDS

Article 223
Measures to facilitate proceedings

In proceedings instituted pursuant to this Part, States shall take measures
to facilitate the hearing of witnesses and the admission of evidence
submitted by authorities of another State, or by the competent
international organization, and shall facilitate the attendance at such
proceedings of official representatives of the competent international
organization, the flag State and any State affected by pollution arising
out of any violation. The official representatives attending such
proceedings shall have such rights and duties as may be provided under
national laws and regulations or international law.

Article 224
Exercise of powers of enforcement

The powers of enforcement against foreign vessels under this Part may only
be exercised by officials or by warships, military aircraft, or other ships
or aircraft clearly marked and identifiable as being on government service
and authorized to that effect.

Article 225
Duty to avoid adverse consequences in the exercise of the
powers of enforcement

In the exercise under this Convention of their powers of enforcement
against foreign vessels, States shall not endanger the safety of navigation
or otherwise create any hazard to a vessel, or bring it to an unsafe port
or anchorage, or expose the marine environment to an unreasonable risk.

Article 226
Investigation of foreign vessels

1. (a) States shall not delay a foreign vessel longer than is essential
for purposes of the investigations provided for in articles 216, 218
and 220. Any physical inspection of a foreign vessel shall be limited
to an examination of such certificates, records or other documents as
the vessel is required to carry by generally accepted international
rules and standards or of any similar documents which it is carrying;
further physical inspection of the vessel may be undertaken only
after such an examination and only when:
(i) there are clear grounds for believing that the condition of the
vessel or its equipment does not correspond substantially with the
particulars of those documents;
(ii) the contents of such documents are not sufficient to confirm or
verify a suspected violation; or
(iii) the vessel is not carrying valid certificates and records.
(b) If the investigation indicates a violation of applicable laws and
regulations or international rules and standards for the protection
and preservation of the marine environment, release shall be made
promptly subject to reasonable procedures such as bonding or other
appropriate financial security.
(c) Without prejudice to applicable international rules and standards
relating to the seaworthiness of vessels, the release of a vessel
may, whenever it would present an unreasonable threat of damage to
the marine environment, be refused or made conditional upon
proceeding to the nearest appropriate repair yard. Where release has
been refused or made conditional, the flag State of the vessel must
be promptly notified, and may seek release of the vessel in
accordance with Part XV.

2. States shall co-operate to develop procedures for the avoidance of
unnecessary physical inspection of vessels at sea.

Article 227
Non-discrimination with respect to foreign vessels

In exercising their rights and performing their duties under this Part,
States shall not discriminate in form or in fact against vessels of any
other State.

Article 228
Suspension and restrictions on institution of proceedings

1. Proceedings to impose penalties in respect of any violation of
applicable laws and regulations or international rules and standards
relating to the prevention, reduction and control of pollution from vessels
committed by a foreign vessel beyond the territorial sea of the State
instituting proceedings shall be suspended upon the taking of proceedings
to impose penalties in respect of corresponding charges by the flag State
within six months of the date on which proceedings were first instituted,
unless those proceedings relate to a case of major damage to the coastal
State or the flag State in question has repeatedly disregarded its
obligation to enforce effectively the applicable international rules and
standards in respect of violations committed by its vessels. The flag State
shall in due course make available to the State previously instituting
proceedings a full dossier of the case and the records of the proceedings,
whenever the flag State has requested the suspension of proceedings in
accordance with this article. When proceedings instituted by the flag State
have been brought to a conclusion, the suspended proceedings shall be
terminated. Upon payment of costs incurred in respect of such proceedings,
any bond posted or other financial security provided in connection with the
suspended proceedings shall be released by the coastal State.

2. Proceedings to impose penalties on foreign vessels shall not be
instituted after the expiry of three years from the date on which the
violation was committed, and shall not be taken by any State in the event
of proceedings having been instituted by another State subject to the
provisions set out in paragraph 1.

3. The provisions of this article are without prejudice to the right of the
flag State to take any measures, including proceedings to impose penalties,
according to its laws irrespective of prior proceedings by another State.
Article 229
Institution of civil proceedings

Nothing in this Convention affects the institution of civil proceedings in
respect of any claim for loss or damage resulting from pollution of the
marine environment.

Article 230
Monetary penalties and the observance of recognized rights
of the accused

1. Monetary penalties only may be imposed with respect to violations of
national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels beyond the territorial
sea.

2. Monetary penalties only may be imposed with respect to violations of
national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels in the territorial sea,
except in the case of a wilful and serious act of pollution in the
territorial sea.

3. In the conduct of proceedings in respect of such violations committed by
a foreign vessel which may result in the imposition of penalties,
recognized rights of the accused shall be observed.

Article 231
Notification to the flag State and other States concerned

States shall promptly notify the flag State and any other State concerned
of any measures taken pursuant to section 6 against foreign vessels, and
shall submit to the flag State all official reports concerning such
measures. However, with respect to violations committed in the territorial
sea, the foregoing obligations of the coastal State apply only to such
measures as are taken in proceedings. The diplomatic agents or consular
officers and where possible the maritime authority of the flag State, shall
be immediately informed of any such measures taken pursuant to section 6
against foreign vessels.

Article 232
Liability of States arising from enforcement measures

States shall be liable for damage or loss attributable to them arising from
measures taken pursuant to section 6 when such measures are unlawful or
exceed those reasonably required in the light of available information.
States shall provide for recourse in their courts for actions in respect of
such damage or loss.

Article 233
Safeguards with respect to straits used for international
navigation

Nothing in sections 5, 6 and 7 affects the legal regime of straits used for
international navigation. However, if a foreign ship other than those
referred to in section 10 has committed a violation of the laws and
regulations referred to in article 42, paragraph 1 (a) and (b), causing or
threatening major damage to the marine environment of the straits, the
States bordering the straits may take appropriate enforcement measures and
if so shall respect mutatis mutandis the provisions of this section.

SECTION 8. ICE-COVERED AREAS

Article 234
Ice-covered areas

Coastal States have the right to adopt and enforce non-discriminatory laws
and regulations for the prevention, reduction and control of marine
pollution from vessels in ice-covered areas within the limits of the
exclusive economic zone, where particularly severe climatic conditions and
the presence of ice covering such areas for most of the year create
obstructions or exceptional hazards to navigation, and pollution of the
marine environment could cause major harm to or irreversible disturbance of
the ecological balance. Such laws and regulations shall have due regard to
navigation and the protection and preservation of the marine environment
based on the best available scientific evidence.

SECTION 9. RESPONSIBILITY AND LIABILITY

Article 235
Responsibility and liability

1. States are responsible for the fulfilment of their international
obligations concerning the protection and preservation of the marine
environment. They shall be liable in accordance with international law.

2. States shall ensure that recourse is available in accordance with their
legal systems for prompt and adequate compensation or other relief in
respect of damage caused by pollution of the marine environment by natural
or juridical persons under their jurisdiction.

3. With the objective of assuring prompt and adequate compensation in
respect of all damage caused by pollution of the marine environment, States
shall co-operate in the implementation of existing international law and
the further development of international law relating to responsibility and
liability for the assessment of and compensation for damage and the
settlement of related disputes, as well as, where appropriate, development
of criteria and procedures for payment of adequate compensation, such as
compulsory insurance or compensation funds.

SECTION 10. SOVEREIGN IMMUNITY

Article 236
Sovereign immunity

The provisions of this Convention regarding the protection and preservation
of the marine environment do not apply to any warship, naval auxiliary,
other vessels or aircraft owned or operated by a State and used, for the
time being only on government non-commercial service. However, each State
shall ensure, by the adoption of appropriate measures not impairing
operations or operational capabilities of such vessels or aircraft owned or
operated by it, that such vessels or aircraft act in a manner consistent,
so far as is reasonable and practicable, with this Convention.

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

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

1. The provisions of this Part are without prejudice to the specific
obligations assumed by States under special conventions and agreements
concluded previously which relate to the protection and preservation of the
marine environment and to agreements which may be concluded in furtherance
of the general principles set forth in this Convention.

2. Specific obligations assumed by States under special conventions, with
respect to the protection and preservation of the marine environment,
should be carried out in a manner consistent with the general principles
and objectives of this Convention.

PART XIII
MARINE SCIENTIFIC RESEARCH

SECTION 1. GENERAL PROVISIONS

Article 238
Right to conduct marine scientific research

All States, irrespective of their geographical location, and competent
international organizations have the right to conduct marine scientific
research subject to the rights and duties of other States as provided for
in this Convention.

Article 239
Promotion of marine scientific research

States and competent international organizations shall promote and
facilitate the development and conduct of marine scientific research in
accordance with this Convention.

Article 240
General principles for the conduct of marine scientific
research

In the conduct of marine scientific research the following principles shall
apply:

(a) marine scientific research shall be conducted exclusively for
peaceful purposes;
(b) marine scientific research shall be conducted with appropriate
scientific methods and means compatible with this Convention;
(c) marine scientific research shall not unjustifiably interfere with
other legitimate uses of the sea compatible with this Convention and
shall be duly respected in the course of such uses;
(d) marine scientific research shall be conducted in compliance with all
relevant regulations adopted in conformity with this Convention
including those for the protection and preservation of the marine
environment.

Article 241
Non-recognition of marine scientific research activities
as the legal basis for claims

Marine scientific research activities shall not constitute the legal basis
for any claim to any part of the marine environment or its resources.

SECTION 2. INTERNATIONAL CO-OPERATION

Article 242
Promotion of international co-operation
1. States and competent international organizations shall, in accordance
with the principle of respect for sovereignty and jurisdiction and on the
basis of mutual benefit, promote international co-operation in marine
scientific research for peaceful purposes.

2. In this context, without prejudice to the rights and duties of States
under this Convention, a State, in the application of this Part, shall
provide, as appropriate, other States with a reasonable opportunity to
obtain from it, or with its co-operation, information necessary to prevent
and control damage to the health and safety of persons and to the marine
environment.

Article 243
Creation of favourable conditions

States and competent international organizations shall co-operate, through
the conclusion of bilateral and multilateral agreements, to create
favourable conditions for the conduct of marine scientific research in the
marine environment and to integrate the efforts of scientists in studying
the essence of phenomena and processes occurring in the marine environment
and the interrelations between them.

Article 244
Publication and dissemination of information and knowledge

1. States and competent international organizations shall, in accordance
with this Convention, make available by publication and dissemination
through appropriate channels information on proposed major programmes and
their objectives as well as knowledge resulting from marine scientific
research.

2. For this purpose, States, both individually and in co-operation with
other States and with competent international organizations, shall actively
promote the flow of scientific data and information and the transfer of
knowledge resulting from marine scientific research, especially to
developing States, as well as the strengthening of the autonomous marine
scientific research capabilities of developing States through, inter alia,
programmes to provide adequate education and training of their technical
and scientific personnel.

SECTION 3. CONDUCT AND PROMOTION OF MARINE
SCIENTIFIC RESEARCH

Article 245
Marine scientific research in the territorial sea

Coastal States, in the exercise of their sovereignty, have the exclusive
right to regulate, authorize and conduct marine scientific research in
their territorial sea. Marine scientific research therein shall be
conducted only with the express consent of and under the conditions set
forth by the coastal State.

Article 246
Marine scientific research in the exclusive economic zone
and on the continental shelf

1. Coastal States, in the exercise of their jurisdiction, have the right to
regulate, authorize and conduct marine scientific research in their
exclusive economic zone and on their continental shelf in accordance with
the relevant provisions of this Convention.

2. Marine scientific research in the exclusive economic zone and on the
continental shelf shall be conducted with the consent of the coastal State.
3. Coastal States shall, in normal circumstances, grant their consent for
marine scientific research projects by other States or competent
international organizations in their exclusive economic zone or on their
continental shelf to be carried out in accordance with this Convention
exclusively for peaceful purposes and in order to increase scientific
knowledge of the marine environment for the benefit of all mankind. To this
end, coastal States shall establish rules and procedures ensuring that such
consent will not be delayed or denied unreasonably.

4. For the purposes of applying paragraph 3, normal circumstances may exist
in spite of the absence of diplomatic relations between the coastal State
and the researching State.

5. Coastal States may however in their discretion withhold their consent to
the conduct of a marine scientific research project of another State or
competent international organization in the exclusive economic zone or on
the continental shelf of the coastal State if that project:

(a) is of direct significance for the exploration and exploitation of
natural resources, whether living or non-living;
(b) involves drilling into the continental shelf, the use of explosives
or the introduction of harmful substances into the marine
environment;
(c) involves the construction, operation or use of artificial islands,
installations and structures referred to in articles 60 and 80;
(d) contains information communicated pursuant to article 248 regarding
the nature and objectives of the project which is inaccurate or if
the researching State or competent international organization has
outstanding obligations to the coastal State from a prior research
project.

6. Notwithstanding the provisions of paragraph 5, coastal States may not
exercise their discretion to withhold consent under subparagraph (a) of
that paragraph in respect of marine scientific research projects to be
undertaken in accordance with the provisions of this Part on the
continental shelf, beyond 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured, outside those specific
areas which coastal States may at any time publicly designate as areas in
which exploitation or detailed exploratory operations focused on those
areas are occurring or will occur within a reasonable period of time.
Coastal States shall give reasonable notice of the designation of such
areas, as well as any modifications thereto, but shall not be obliged to
give details of the operations therein.

7. The provisions of paragraph 6 are without prejudice to the rights of
coastal States over the continental shelf as established in article 77.

8. Marine scientific research activities referred to in this article shall
not unjustifiably interfere with activities undertaken by coastal States in
the exercise of their sovereign rights and jurisdiction provided for in
this Convention.

Article 247
Marine scientific research projects undertaken by or under
the auspices of international organizations

A coastal State which is a member of or has a bilateral agreement with an
international organization, and in whose exclusive economic zone or on
whose continental shelf that organization wants to carry out a marine
scientific research project, directly or under its auspices, shall be
deemed to have authorized the project to be carried out in conformity with
the agreed specifications if that State approved the detailed project when
the decision was made by the organization for the undertaking of the
project, or is willing to participate in it, and has not expressed any
objection within four months of notification of the project by the
organization to the coastal State.

Article 248
Duty to provide information to the coastal State

States and competent international organizations which intend to undertake
marine scientific research in the exclusive economic zone or on the
continental shelf of a coastal State shall, not less than six months in
advance of the expected starting date of the marine scientific research
project, provide that State with a full description of:

(a) the nature and objectives of the project;
(b) the method and means to be used, including name, tonnage, type and
class of vessels and a description of scientific equipment;
(c) the precise geographical areas in which the project is to be
conducted;
(d) the expected date of first appearance and final departure of the
research vessels, or deployment of the equipment and its removal, as
appropriate;
(e) the name of the sponsoring institution, its director, and the person
in charge of the project; and
(f) the extent to which it is considered that the coastal State should be
able to participate or to be represented in the project.

Article 249
Duty to comply with certain conditions

1. States and competent international organizations when undertaking marine
scientific research in the exclusive economic zone or on the continental
shelf of a coastal State shall comply with the following conditions:

(a) ensure the right of the coastal State, if it so desires, to
participate or be represented in the marine scientific research
project, especially on board research vessels and other craft or
scientific research installations, when practicable, without payment
of any remuneration to the scientists of the coastal State and
without obligation to contribute towards the costs of the project;
(b) provide the coastal State, at its request, with preliminary reports,
as soon as practicable, and with the final results and conclusions
after the completion of the research;
(c) undertake to provide access for the coastal State, at its request, to
all data and samples derived from the marine scientific research
project and likewise to furnish it with data which may be copied and
samples which may be divided without detriment to their scientific
value;
(d) if requested, provide the coastal State with an assessment of such
data, samples and research results or provide assistance in their
assessment or interpretation;
(e) ensure, subject to paragraph 2, that the research results are made
internationally available through appropriate national or
international channels, as soon as practicable;
(f) inform the coastal State immediately of any major change in the
research programme;
(g) unless otherwise agreed, remove the scientific research installations
or equipment once the research is completed.

2. This article is without prejudice to the conditions established by the
laws and regulations of the coastal State for the exercise of its
discretion to grant or withhold consent pursuant to article 246, paragraph
5, including requiring prior agreement for making internationally available
the research results of a project of direct significance for the
exploration and exploitation of natural resources.
Article 250
Communications concerning marine scientific research projects

Communications concerning the marine scientific research projects shall be
made through appropriate official channels, unless otherwise agreed.

Article 251
General criteria and guidelines

States shall seek to promote through competent international organizations
the establishment of general criteria and guidelines to assist States in
ascertaining the nature and implications of marine scientific research.

Article 252
Implied consent

States or competent international organizations may proceed with a marine
scientific research project six months after the date upon which the
information required pursuant to article 248 was provided to the coastal
State unless within four months of the receipt of the communication
containing such information the coastal State has informed the State or
organization conducting the research that:

(a) it has withheld its consent under the provisions of article 246; or
(b) the information given by that State or competent international
organization regarding the nature or objectives of the project does
not conform to the manifestly evident facts; or
(c) it requires supplementary information relevant to conditions and the
information provided for under articles 248 and 249; or
(d) outstanding obligations exist with respect to a previous marine
scientific research project carried out by that State or
organization, with regard to conditions established in article 249.

Article 253
Suspension or cessation of marine scientific research activities

1. A coastal State shall have the right to require the suspension of any
marine scientific research activities in progress within its exclusive
economic zone or on its continental shelf if:

(a) the research activities are not being conducted in accordance with
the information communicated as provided under article 248 upon which
the consent of the coastal State was based; or
(b) the State or competent international organization conducting the
research activities fails to comply with the provisions of article
249 concerning the rights of the coastal State with respect to the
marine scientific research project.

2. A coastal State shall have the right to require the cessation of any
marine scientific research activities in case of any non-compliance with
the provisions of article 248 which amounts to a major change in the
research project or the research activities.

3. A coastal State may also require cessation of marine scientific research
activities if any of the situations contemplated in paragraph 1 are not
rectified within a reasonable period of time.

4. Following notification by the coastal State of its decision to order
suspension or cessation, States or competent international organizations
authorized to conduct marine scientific research activities shall terminate
the research activities that are the subject of such a notification.

5. An order of suspension under paragraph 1 shall be lifted by the coastal
State and the marine scientific research activities allowed to continue
once the researching State or competent international organization has
complied with the conditions required under articles 248 and 249.

Article 254
Rights of neighbouring land-locked and geographically
disadvantaged States

1. States and competent international organizations which have submitted to
a coastal State a project to undertake marine scientific research referred
to in article 246, paragraph 3, shall give notice to the neighbouring
land-locked and geographically disadvantaged States of the proposed
research project, and shall notify the coastal State thereof.

2. After the consent has been given for the proposed marine scientific
research project by the coastal State concerned, in accordance with article
246 and other relevant provisions of this Convention, States and competent
international organizations undertaking such a project shall provide to the
neighbouring land-locked and geographically disadvantaged States, at their
request and when appropriate, relevant information as specified in article
248 and article 249, paragraph 1 (f).

3. The neighbouring land-locked and geographically disadvantaged States
referred to above shall, at their request, be given the opportunity to
participate, whenever feasible, in the proposed marine scientific research
project through qualified experts appointed by them and not objected to by
the coastal State, in accordance with the conditions agreed for the
project, in conformity with the provisions of this Convention, between the
coastal State concerned and the State or competent international
organizations conducting the marine scientific research.

4. States and competent international organizations referred to in
paragraph 1 shall provide to the above-mentioned land-locked and
geographically disadvantaged States, at their request, the information and
assistance specified in article 249, paragraph 1 (d), subject to the
provisions of article 249, paragraph 2.

Article 255
Measures to facilitate marine scientific research and assist
research vessels

States shall endeavour to adopt reasonable rules, regulations and
procedures to promote and facilitate marine scientific research conducted
in accordance with this Convention beyond their territorial sea and, as
appropriate, to facilitate, subject to the provisions of their laws and
regulations, access to their harbours and promote assistance for marine
scientific research vessels which comply with the relevant provisions of
this Part.

Article 256
Marine scientific research in the Area

All States, irrespective of their geographical location, and competent
international organizations have the right, in conformity with the
provisions of Part XI, to conduct marine scientific research in the Area.

Article 257
Marine scientific research in the water column beyond the
exclusive economic zone

All States, irrespective of their geographical location, and competent
international organizations have the right, in conformity with this
Convention, to conduct marine scientific research in the water column
beyond the limits of the exclusive economic zone.

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

Article 258
Deployment and use

The deployment and use of any type of scientific research installations or
equipment in any area of the marine environment shall be subject to the
same conditions as are prescribed in this Convention for the conduct of
marine scientific research in any such area.

Article 259
Legal status

The installations or equipment referred to in this section do not possess
the status of islands. They have no territorial sea of their own, and their
presence does not affect the delimitation of the territorial sea, the
exclusive economic zone or the continental shelf.

Article 260
Safety zones

Safety zones of a reasonable breadth not exceeding a distance of 500 metres
may be created around scientific research installations in accordance with
the relevant provisions of this Convention. All States shall ensure that
such safety zones are respected by their vessels.

Article 261
Non-interference with shipping routes

The deployment and use of any type of scientific research installations or
equipment shall not constitute an obstacle to established international
shipping routes.

Article 262
Identification markings and warning signals

Installations or equipment referred to in this section shall bear
identification markings indicating the State of registry or the
international organization to which they belong and shall have adequate
internationally agreed warning signals to ensure safety at sea and the
safety of air navigation, taking into account rules and standards
established by competent international organizations.

SECTION 5. RESPONSIBILITY AND LIABILITY

Article 263
Responsibility and liability

1. States and competent international organizations shall be responsible
for ensuring that marine scientific research, whether undertaken by them or
on their behalf, is conducted in accordance with this Convention.

2. States and competent international organizations shall be responsible
and liable for the measures they take in contravention of this Convention
in respect of marine scientific research conducted by other States, their
natural or juridical persons or by competent international organizations,
and shall provide compensation for damage resulting from such measures.
3. States and competent international organizations shall be responsible
and liable pursuant to article 235 for damage caused by pollution of the
marine environment arising out of marine scientific research undertaken by
them or on their behalf.

SECTION 6. SETTLEMENT OF DISPUTES AND
INTERIM MEASURES

Article 264
Settlement of disputes

Disputes concerning the interpretation or application of the provisions of
this Convention with regard to marine scientific research shall be settled
in accordance with Part XV, sections 2 and 3.

Article 265
Interim measures

Pending settlement of a dispute in accordance with Part XV, sections 2 and
3, the State or competent international organization authorized to conduct
a marine scientific research project shall not allow research activities to
commence or continue without the express consent of the coastal State
concerned.

PART XIV

DEVELOPMENT AND TRANSFER OF
MARINE TECHNOLOGY

SECTION 1. GENERAL PROVISIONS

Article 266
Promotion of the development and transfer of marine
technology

1. States, directly or through competent international organizations, shall
cooperate in accordance with their capabilities to promote actively the
development and transfer of marine science and marine technology on fair
and reasonable terms and conditions.

2. States shall promote the development of the marine scientific and
technological capacity of States which may need and request technical
assistance in this field, particularly developing States, including
land-locked and geographically disadvantaged States, with regard to the
exploration, exploitation, conservation and management of marine resources,
the protection and preservation of the marine environment, marine
scientific research and other activities in the marine environment
compatible with this Convention, with a view to accelerating the social and
economic development of the developing States.

3. States shall endeavour to foster favourable economic and legal
conditions for the transfer of marine technology for the benefit of all
parties concerned on an equitable basis.

Article 267
Protection of legitimate interests

States, in promoting co-operation pursuant to article 266, shall have due
regard for all legitimate interests including, inter alia, the rights and
duties of holders, suppliers and recipients of marine technology.

Article 268
Basic objectives

States, directly or through competent international organizations, shall
promote:

(a) the acquisition, evaluation and dissemination of marine technological
knowledge and facilitate access to such information and data;
(b) the development of appropriate marine technology;
(c) the development of the necessary technological infrastructure to
facilitate the transfer of marine technology;
(d) the development of human resources through training and education of
nationals of developing States and countries and especially the
nationals of the least developed among them;
(e) international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.

Article 269
Measures to achieve the basic objectives

In order to achieve the objectives referred to in article 268, States,
directly or through competent international organizations, shall endeavour,
inter alia, to:

(a) establish programmes of technical co-operation for the effective
transfer of all kinds of marine technology to States which may need
and request technical assistance in this field, particularly the
developing land-locked and geographically disadvantaged States, as
well as other developing States which have not been able either to
establish or develop their own technological capacity in marine
science and in the exploration and exploitation of marine resources
or to develop the infrastructure of such technology;
(b) promote favourable conditions for the conclusion of agreements,
contracts and other similar arrangements, under equitable and
reasonable conditions;
(c) hold conferences, seminars and symposia on scientific and
technological subjects, in particular on policies and methods for the
transfer of marine technology;
(d) promote the exchange of scientists and of technological and other
experts;
(e) undertake projects and promote joint ventures and other forms of
bilateral and multilateral co-operation.

SECTION 2. INTERNATIONAL CO-OPERATION

Article 270
Ways and means of international co-operation

International co-operation for the development and transfer of marine
technology shall be carried out, where feasible and appropriate, through
existing bilateral, regional or multilateral programmes, and also through
expanded and new programmes in order to facilitate marine scientific
research, the transfer of marine technology, particularly in new fields,
and appropriate international funding for ocean research and development.

Article 271
Guidelines, criteria and standards

States, directly or through competent international organizations, shall
promote the establishment of generally accepted guidelines, criteria and
standards for the transfer of marine technology on a bilateral basis or
within the framework of international organizations and other fora, taking
into account, in particular, the interests and needs of developing States.

Article 272
Co-ordination of international programmes

In the field of transfer of marine technology, States shall endeavour to
ensure that competent international organizations co-ordinate their
activities, including any regional or global programmes, taking into
account the interests and needs of developing States, particularly
land-locked and geographically disadvantaged States.

Article 273
Co-operation with international organizations and the
Authority

States shall co-operate actively with competent international organizations
and the Authority to encourage and facilitate the transfer to developing
States, their nationals and the Enterprise of skills and marine technology
with regard to activities in the Area.

Article 274
Objectives of the Authority

Subject to all legitimate interests including, inter alia, the rights and
duties of holders, suppliers and recipients of technology, the Authority,
with regard to activities in the Area, shall ensure that:

(a) on the basis of the principle of equitable geographical distribution,
nationals of developing States, whether coastal, land-locked or
geographically disadvantaged, shall be taken on for the purposes of
training as members of the managerial, research and technical staff
constituted for its undertakings;
(b) the technical documentation on the relevant equipment, machinery,
devices and processes is made available to all States, in particular
developing States which may need and request technical assistance in
this field;
(c) adequate provision is made by the Authority to facilitate the
acquisition of technical assistance in the field of marine technology
by States which may need and request it, in particular developing
States, and the acquisition by their nationals of the necessary
skills and know-how, including professional training;
(d) States which may need and request technical assistance in this field,
in particular developing States, are assisted in the acquisition of
necessary equipment, processes, plant and other technical know-how
through any financial arrangements provided for in this Convention.

SECTION 3. NATIONAL AND REGIONAL MARINE
SCIENTIFIC AND TECHNOLOGICAL CENTRES

Article 275
Establishment of national centres

1. States, directly or through competent international organizations and
the Authority, shall promote the establishment, particularly in developing
coastal States, of national marine scientific and technological research
centres and the strengthening of existing national centres, in order to
stimulate and advance the conduct of marine scientific research by
developing coastal States and to enhance their national capabilities to
utilize and preserve their marine resources for their economic benefit.

2. States, through competent international organizations and the Authority,
shall give adequate support to facilitate the establishment and
strengthening of such national centres so as to provide for advanced
training facilities and necessary equipment, skills and know-how as well as
technical experts to such States which may need and request such
assistance.

Article 276
Establishment of regional centres

1. States, in co-ordination with the competent international organizations,
the Authority and national marine scientific and technological research
institutions, shall promote the establishment of regional marine scientific
and technological research centres, particularly in developing States, in
order to stimulate and advance the conduct of marine scientific research by
developing States and foster the transfer of marine technology.

2. All States of a region shall co-operate with the regional centres
therein to ensure the more effective achievement of their objectives.

Article 277
Functions of regional centres

The functions of such regional centres shall include, inter alia:

(a) training and educational programmes at all levels on various aspects
of marine scientific and technological research, particularly marine
biology, including conservation and management of living resources,
oceanography, hydrography, engineering, geological exploration of the
sea-bed, mining and desalination technologies;
(b) management studies;
(c) study programmes related to the protection and preservation of the
marine environment and the prevention, reduction and control of
pollution;
(d) organization of regional conferences, seminars and symposia;
(e) acquisition and processing of marine scientific and technological
data and information;
(f) prompt dissemination of results of marine scientific and
technological research in readily available publications;
(g) publicizing national policies with regard to the transfer of marine
technology and systematic comparative study of those policies;
(h) compilation and systematization of information on the marketing of
technology and on contracts and other arrangements concerning
patents;
(i) technical co-operation with other States of the region.

SECTION 4. CO-OPERATION AMONG INTERNATIONAL
ORGANIZATIONS

Article 278
Co-operation among international organizations

The competent international organizations referred to in this Part and in
Part XIII shall take all appropriate measures to ensure, either directly or
in close cooperation among themselves, the effective discharge of their
functions and responsibilities under this Part.

PART XV
SETTLEMENT OF DISPUTES

SECTION 1. GENERAL PROVISIONS

Article 279
Obligation to settle disputes by peaceful means

States Parties shall settle any dispute between them concerning the
interpretation or application of this Convention by peaceful means in
accordance with Article 2, paragraph 3, of the Charter of the United
Nations and, to this end, shall seek a solution by the means indicated in
Article 33, paragraph 1, of the Charter.

Article 280
Settlement of disputes by any peaceful means chosen by the parties

Nothing in this Part impairs the right of any States Parties to agree at
any time to settle a dispute between them concerning the interpretation or
application of this Convention by any peaceful means of their own choice.

Article 281
Procedure where no settlement has been reached by the parties

1. If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed to seek
settlement of the dispute by a peaceful means of their own choice, the
procedures provided for in this Part apply only where no settlement has
been reached by recourse to such means and the agreement between the
parties does not exclude any further procedure .

2. If the parties have also agreed on a time-limit, paragraph 1 applies
only upon the expiration of that time-limit.

Article 282
Obligations under general, regional or bilateral agreements

If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed, through a
general, regional or bilateral agreement or otherwise, that such dispute
shall, at the request of any party to the dispute, be submitted to a
procedure that entails a binding decision, that procedure shall apply in
lieu of the procedures provided for in this Part, unless the parties to the
dispute otherwise agree.

Article 283
Obligation to exchange views

1. When a dispute arises between States Parties concerning the
interpretation or application of this Convention, the parties to the
dispute shall proceed expeditiously to an exchange of views regarding its
settlement by negotiation or other peaceful means.

2. The parties shall also proceed expeditiously to an exchange of views
where a procedure for the settlement of such a dispute has been terminated
without a settlement or where a settlement has been reached and the
circumstances require consultation regarding the manner of implementing the
settlement.

Article 284
Conciliation

1. A State Party which is a party to a dispute concerning the
interpretation or application of this Convention may invite the other party
or parties to submit the dispute to conciliation in accordance with the
procedure under Annex V, section 1, or another conciliation procedure.

2. If the invitation is accepted and if the parties agree upon the
conciliation procedure to be applied, any party may submit the dispute to
that procedure.

3. If the invitation is not accepted or the parties do not agree upon the
procedure, the conciliation proceedings shall be deemed to be terminated.

4. Unless the parties otherwise agree, when a dispute has been submitted to
conciliation, the proceedings may be terminated only in accordance with the
agreed conciliation procedure.

Article 285
Application of this section to disputes submitted pursuant
to Part XI

This section applies to any dispute which pursuant to Part XI, section 5,
is to be settled in accordance with procedures provided for in this Part.
If an entity other than a State Party is a party to such a dispute, this
section applies mutatis mutandis.

SECTION 2. COMPULSORY PROCEDURES ENTAILING
BINDING DECISIONS

Article 286
Application of procedures under this section

Subject to section 3, any dispute concerning the interpretation or
application of this Convention shall, where no settlement has been reached
by recourse to section 1, be submitted at the request of any party to the
dispute to the court or tribunal having jurisdiction under this section.

Article 287
Choice of procedure

1. When signing, ratifying or acceding to this Convention or at any time
thereafter, a State shall be free to choose, by means of a written
declaration, one or more of the following means for the settlement of
disputes concerning the interpretation or application of this Convention:

(a) the International Tribunal for the Law of the Sea established in
accordance with Annex VI;
(b) the International Court of Justice;
(c) an arbitral tribunal constituted in accordance with Annex VII;
(d) a special arbitral tribunal constituted in accordance with Annex VIII
for one or more of the categories of disputes specified therein.

2. A declaration made under paragraph 1 shall not affect or be affected by
the obligation of a State Party to accept the jurisdiction of the Sea-Bed
Disputes Chamber of the International Tribunal for the Law of the Sea to
the extent and in the manner provided for in Part XI, section 5.

3. A State Party, which is a party to a dispute not covered by a
declaration in force, shall be deemed to have accepted arbitration in
accordance with Annex VII.

4. If the parties to a dispute have accepted the same procedure for the
settlement of the dispute, it may be submitted only to that procedure,
unless the parties otherwise agree.

5. If the parties to a dispute have not accepted the same procedure for the
settlement of the dispute, it may be submitted only to arbitration in
accordance with Annex VII, unless the parties otherwise agree.

6. A declaration made under paragraph 1 shall remain in force until three
months after notice of revocation has been deposited with the Secretary-
General of the United Nations.

7. A new declaration, a notice of revocation or the expiry of a declaration
does not in any way affect proceedings pending before a court or tribunal
having jurisdiction under this article, unless the parties otherwise agree.

8. Declarations and notices referred to in this article shall be deposited
with the Secretary-General of the United Nations, who shall transmit copies
thereof to the States Parties.
Article 288
Jurisdiction

1. A court or tribunal referred to in article 287 shall have jurisdiction
over any dispute concerning the interpretation or application of this
Convention which is submitted to it in accordance with this Part.

2. A court or tribunal referred to in article 287 shall also have
jurisdiction over any dispute concerning the interpretation or application
of an international agreement related to the purposes of this Convention,
which is submitted to it in accordance with the agreement.

3. The Sea-Bed Disputes Chamber of the International Tribunal for the Law
of the Sea established in accordance with Annex VI, and any other chamber
or arbitral tribunal referred to in Part XI, section 5, shall have
jurisdiction in any matter which is submitted to it in accordance
therewith.

4. In the event of a dispute as to whether a court or tribunal has
jurisdiction, the matter shall be settled by decision of that court or
tribunal.

Article 289
Experts

In any dispute involving scientific or technical matters, a court or
tribunal exercising jurisdiction under this section may, at the request of
a party or proprio motu, select in consultation with the parties no fewer
than two scientific or technical experts chosen preferably from the
relevant list prepared in accordance with Annex VIII, article 2, to sit
with the court or tribunal but without the right to vote.

Article 290
Provisional measures

1. If a dispute has been duly submitted to a court or tribunal which
considers that prima facie it has jurisdiction under this Part or Part XI,
section 5, the court or tribunal may prescribe any provisional measures
which it considers appropriate under the circumstances to preserve the
respective rights of the parties to the dispute or to prevent serious harm
to the marine environment, pending the final decision.

2. Provisional measures may be modified or revoked as soon as the
circumstances justifying them have changed or ceased to exist.

3. Provisional measures may be prescribed, modified or revoked under this
article only at the request of a party to the dispute and after the parties
have been given an opportunity to be heard.

4. The court or tribunal shall forthwith give notice to the parties to the
dispute, and to such other States Parties as it considers appropriate, of
the prescription, modification or revocation of provisional measures.

5. Pending the constitution of an arbitral tribunal to which a dispute is
being submitted under this section, any court or tribunal agreed upon by
the parties or, failing such agreement within two weeks from the date of
the request for provisional measures, the International Tribunal for the
Law of the Sea or, with respect to activities in the Area, the Sea-Bed
Disputes Chamber, may prescribe, modify or revoke provisional measures in
accordance with this article if it considers that prima facie the tribunal
which is to be constituted would have jurisdiction and that the urgency of
the situation so requires. Once constituted, the tribunal to which the
dispute has been submitted may modify, revoke or affirm those provisional
measures, acting in conformity with paragraphs 1 to 4.
6. The parties to the dispute shall comply promptly with any provisional
measures prescribed under this article.

Article 291
Access

1. All the dispute settlement procedures specified in this Part shall be
open to States Parties.

2. The dispute settlement procedures specified in this Part shall be open
to entities other than States Parties only as specifically provided for in
this Convention.

Article 292
Prompt release of vessels and crews

1. Where the authorities of a State Party have detained a vessel flying the
flag of another State Party and it is alleged that the detaining State has
not complied with the provisions of this Convention for the prompt release
of the vessel or its crew upon the posting of a reasonable bond or other
financial security, the question of release from detention may be submitted
to any court or tribunal agreed upon by the parties or, failing such
agreement within 10 days from the time of detention, to a court or tribunal
accepted by the detaining State under article 287 or to the International
Tribunal for the Law of the Sea, unless the parties otherwise agree.

2. The application for release may be made only by or on behalf of the flag
State of the vessel.

3. The court or tribunal shall deal without delay with the application for
release and shall deal only with the question of release, without prejudice
to the merits of any case before the appropriate domestic forum against the
vessel, its owner or its crew. The authorities of the detaining State
remain competent to release the vessel or its crew at any time.

4. Upon the posting of the bond or other financial security determined by
the court or tribunal, the authorities of the detaining State shall comply
promptly with the decision of the court or tribunal concerning the release
of the vessel or its crew.

Article 293
Applicable law

1. A court or tribunal having jurisdiction under this section shall apply
this Convention and other rules of international law not incompatible with
this Convention.

2. Paragraph 1 does not prejudice the power of the court or tribunal having
jurisdiction under this section to decide a case ex aequo et bono, if the
parties so agree.

Article 294
Preliminary proceedings

1. A court or tribunal provided for in article 287 to which an application
is made in respect of a dispute referred to in article 297 shall determine
at the request of a party, or may determine proprio motu, whether the claim
constitutes an abuse of legal process or whether prima facie it is well
founded. If the court or tribunal determines that the claim constitutes an
abuse of legal process or is prima facie unfounded, it shall take no
further action in the case.

2. Upon receipt of the application, the court or tribunal shall immediately
notify the other party or parties of the application, and shall fix a
reasonable time-limit within which they may request it to make a
determination in accordance with paragraph 1.

3. Nothing in this article affects the right of any party to a dispute to
make preliminary objections in accordance with the applicable rules of
procedure.

Article 295
Exhaustion of local remedies

Any dispute between States Parties concerning the interpretation or
application of this Convention may be submitted to the procedures provided
for in this section only after local remedies have been exhausted where
this is required by international law.

Article 296
Finality and binding force of decisions

1. Any decision rendered by a court or tribunal having jurisdiction under
this section shall be final and shall be complied with by all the parties
to the dispute.

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

SECTION 3. LIMITATIONS AND EXCEPTIONS TO
APPLICABILITY OF SECTION 2

Article 297
Limitations on applicability of section 2

1. Disputes concerning the interpretation or application of this Convention
with regard to the exercise by a coastal State of its sovereign rights or
jurisdiction provided for in this Convention shall be subject to the
procedures provided for in section 2 in the following cases:

(a) when it is alleged that a coastal State has acted in contravention of
the provisions of this Convention in regard to the freedoms and
rights of navigation, overflight or the laying of submarine cables
and pipelines, or in regard to other internationally lawful uses of
the sea specified in article 58;
(b) when it is alleged that a State in exercising the aforementioned
freedoms, rights or uses has acted in contravention of this
Convention or of laws or regulations adopted by the coastal State in
conformity with this Convention and other rules of international law
not incompatible with this Convention; or
(c) when it is alleged that a coastal State has acted in contravention of
specified international rules and standards for the protection and
preservation of the marine environment which are applicable to the
coastal State and which have been established by this Convention or
through a competent international organization or diplomatic
conference in accordance with this Convention.

2. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to marine scientific
research shall be settled in accordance with section 2, except that
the coastal State shall not be obliged to accept the submission to
such settlement of any dispute arising out of:
(i) the exercise by the coastal State of a right or discretion in
accordance with article 246, or
(ii) a decision by the coastal State to order suspension or cessation
of a research project in accordance with article 253.
(b) A dispute arising from an allegation by the researching State that
with respect to a specific project the coastal State is not
exercising its rights under articles 246 and 253 in a manner
compatible with this Convention shall be submitted, at the request of
either party, to conciliation under Annex V, section 2, provided that
the conciliation commission shall not call in question the exercise
by the coastal State of its discretion to designate specific areas as
referred to in article 246, paragraph 6, or of its discretion to
withhold consent in accordance with article 246, paragraph 5.

3. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to fisheries shall be
settled in accordance with section 2, except that the coastal State
shall not be obliged to accept the submission to such settlement of
any dispute relating to its sovereign rights with respect to the
living resources in the exclusive economic zone or their exercise,
including its discretionary powers for determining the allowable
catch, its harvesting capacity, the allocation of surpluses to other
States and the terms and conditions established in its conservation
and management laws and regulations.
(b) Where no settlement has been reached by recourse to section 1 of this
Part, a dispute shall be submitted to conciliation under Annex V,
section 2, at the request of any party to the dispute, when it is
alleged that:
(i) a coastal State has manifestly failed to comply with its
obligations to ensure through proper conservation and management
measures that the maintenance of the living resources in the
exclusive economic zone is not seriously endangered;
(ii) a coastal State has arbitrarily refused to determine, at the
request of another State, the allowable catch and its capacity to
harvest living resources with respect to stocks which that other
State is interested in fishing, or
(iii) a coastal State has arbitrarily refused to allocate to any
State, under articles 62, 69 and 70 and under the terms and
conditions established by the coastal State consistent with this
Convention, the whole or part of the surplus it has declared to
exist.
(c) In no case shall the conciliation commission substitute its
discretion for that of the coastal State.
(d) The report of the conciliation commission shall be communicated to
the appropriate international organizations.
(e) In negotiating agreements pursuant to articles 69 and 70, States
Parties, unless they otherwise agree, shall include a clause on
measures which they shall take in order to minimize the possibility
of a disagreement concerning the interpretation or application of the
agreement, and on how they should proceed if a disagreement
nevertheless arises.

Article 298
Optional exceptions to applicability of section 2

1. When signing, ratifying or acceding to this Convention or at any time
thereafter, a State may, without prejudice to the obligations arising under
section 1, declare in writing that it does not accept any one or more of
the procedures provided for in section 2 with respect to one or more of the
following categories of disputes:
(a) (i) disputes concerning the interpretation or application of articles
15, 74 and 83 relating to sea boundary delimitations, or those
involving historic bays or titles, provided that a State having made
such a declaration shall, when such a dispute arises subsequent to
the entry into force of this Convention and where no agreement within
a reasonable period of time is reached in negotiations between the
parties, at the request of any party to the dispute, accept
submission of the matter to conciliation under Annex V, section 2;
and provided further that any dispute that necessarily involves the
concurrent consideration of any unsettled dispute concerning
sovereignty or other rights over continental or insular land
territory shall be excluded from such submission;
(ii) after the conciliation commission has presented its report,
which shall state the reasons on which it is based, the parties shall
negotiate an agreement on the basis of that report; if these
negotiations do not result in an agreement, the parties shall, by
mutual consent, submit the question to one of the procedures provided
for in section 2, unless the parties otherwise agree;
(iii) this subparagraph does not apply to any sea boundary dispute
finally settled by an arrangement between the parties, or to any such
dispute which is to be settled in accordance with a bilateral or
multilateral agreement binding upon those parties;
(b) disputes concerning military activities, including military
activities by government vessels and aircraft engaged in
non-commercial service, and disputes concerning law enforcement
activities in regard to the exercise of sovereign rights or
jurisdiction excluded from the jurisdiction of a court or tribunal
under article 297, paragraph 2 or 3;
(c) disputes in respect of which the Security Council of the United
Nations is exercising the functions assigned to it by the Charter of
the United Nations, unless the Security Council decides to remove the
matter from its agenda or calls upon the parties to settle it by the
means provided for in this Convention.

2. A State Party which has made a declaration under paragraph 1 may at any
time withdraw it, or agree to submit a dispute excluded by such declaration
to any procedure specified in this Convention.

3. A State Party which has made a declaration under paragraph 1 shall not
be entitled to submit any dispute falling within the excepted category of
disputes to any procedure in this Convention as against another State
Party, without the consent of that party.

4. If one of the States Parties has made a declaration under paragraph 1
(a), any other State Party may submit any dispute falling within an
excepted category against the declarant party to the procedure specified in
such declaration.

5. A new declaration, or the withdrawal of a declaration, does not in any
way affect proceedings pending before a court or tribunal in accordance
with this article, unless the parties otherwise agree.

6. Declarations and notices of withdrawal of declarations under this
article shall be deposited with the Secretary-General of the United
Nations, who shall transmit copies thereof to the States Parties.

Article 299
Right of the parties to agree upon a procedure

1. A dispute excluded under article 297 or excepted by a declaration made
under article 298 from the dispute settlement procedures provided for in
section 2 may be submitted to such procedures only by agreement of the
parties to the dispute.

2. Nothing in this section impairs the right of the parties to the dispute
to agree to some other procedure for the settlement of such dispute or to
reach an amicable settlement.

PART XVI
GENERAL PROVISIONS

Article 300
Good faith and abuse of rights

States Parties shall fulfil in good faith the obligations assumed under
this Convention and shall exercise the rights, jurisdiction and freedoms
recognized in this Convention in a manner which would not constitute an
abuse of right.

Article 301
Peaceful uses of the seas

In exercising their rights and performing their duties under this
Convention, States Parties shall refrain from any threat or use of force
against the territorial integrity or political independence of any State,
or in any other manner inconsistent with the principles of international
law embodied in the Charter of the United Nations.

Article 302
Disclosure of information

Without prejudice to the right of a State Party to resort to the procedures
for the settlement of disputes provided for in this Convention, nothing in
this Convention shall be deemed to require a State Party, in the fulfilment
of its obligations under this Convention, to supply information the
disclosure of which is contrary to the essential interests of its security.

Article 303
Archaeological and
historical objects found at sea

1. States have the duty to protect objects of an archaeological and
historical nature found at sea and shall co-operate for this purpose.
2. In order to control traffic in such objects, the coastal State may, in
applying article 33, presume that their removal from the sea-bed in the
zone referred to in that article without its approval would result in an
infringement within its territory or territorial sea of the laws and
regulations referred to in that article.

3. Nothing in this article affects the rights of identifiable owners, the
law of salvage or other rules of admiralty, or laws and practices with
respect to cultural exchanges.

4. This article is without prejudice to other international agreements and
rules of international law regarding the protection of objects of an
archaeological and historical nature.

Article 304
Responsibility and liability for damage

The provisions of this Convention regarding responsibility and liability
for damage are without prejudice to the application of existing rules and
the development of further rules regarding responsibility and liability
under international law.

PART XVII
FINAL PROVISIONS

Article 305
Signature

1. This Convention shall be open for signature by:

(a) all States;
(b) Namibia, represented by the United Nations Council for Namibia;
(c) all self-governing associated States which have chosen that status in
an act of self-determination supervised and approved by the United
Nations in accordance with General Assembly resolution 1514 (XV) and
which have competence over the matters governed by this Convention,
including the competence to enter into treaties in respect of those
matters;
(d) all self-governing associated States which, in accordance with their
respective instruments of association, have competence over the
matters governed by this Convention, including the competence to
enter into treaties in respect of those matters;
(e) all territories which enjoy full internal self-government, recognized
as such by the United Nations, but have not attained full
independence in accordance with General Assembly resolution 1514 (XV)
and which have competence over the matters governed by this
Convention, including the competence to enter into treaties in
respect of those matters;
(f) international organizations, in accordance with Annex IX.

2. This Convention shall remain open for signature until 9 December 1984 at
the Ministry of Foreign Affairs of Jamaica and also, from 1 July 1983 until
9 December 1984, at United Nations Headquarters in New York.

Article 306
Ratification and formal confirmation

This Convention is subject to ratification by States and the other entities
referred to in article 305, paragraph 1 (b), (c), (d) and (e), and to
formal confirmation, in accordance with Annex IX, by the entities referred
to in article 305, paragraph 1 (f). The instruments of ratification and of
formal confirmation shall be deposited with the Secretary-General of the
United Nations.

Article 307
Accession

This Convention shall remain open for accession by States and the other
entities referred to in article 305. Accession by the entities referred to
in article 305, paragraph 1 (f), shall be in accordance with Annex IX. The
instruments of accession shall be deposited with the Secretary-General of
the United Nations.

Article 308
Entry into force

1. This Convention shall enter into force 12 months after the date of
deposit of the sixtieth instrument of ratification or accession.

2. For each State ratifying or acceding to this Convention after the
deposit of the sixtieth instrument of ratification or accession, the
Convention shall enter into force on the thirtieth day following the
deposit of its instrument of ratification or accession, subject to
paragraph 1.

3. The Assembly of the Authority shall meet on the date of entry into force
of this Convention and shall elect the Council of the Authority. The first
Council shall be constituted in a manner consistent with the purpose of
article 161 if the provisions of that article cannot be strictly applied.

4. The rules, regulations and procedures drafted by the Preparatory
Commission shall apply provisionally pending their formal adoption by the
Authority in accordance with Part XI.

5. The Authority and its organs shall act in accordance with resolution II
of the Third United Nations Conference on the Law of the Sea relating to
preparatory investment and with decisions of the Preparatory Commission
taken pursuant to that resolution.

Article 309
Reservations and exceptions

No reservations or exceptions may be made to this Convention unless
expressly permitted by other articles of this Convention.

Article 310
Declarations and statements

Article 309 does not preclude a State, when signing, ratifying or acceding
to this Convention, from making declarations or statements, however phrased
or named, with a view, inter alia, to the harmonization of its laws and
regulations with the provisions of this Convention, provided that such
declarations or statements do not purport to exclude or to modify the legal
effect of the provisions of this Convention in their application to that
State.

Article 311
Relation to other conventions and international agreements

1. This Convention shall prevail, as between States Parties, over the
Geneva Conventions on the Law of the Sea of 29 April 1958.

2. This Convention shall not alter the rights and obligations of States
Parties which arise from other agreements compatible with this Convention
and which do not affect the enjoyment by other States Parties of their
rights or the performance of their obligations under this Convention.

3. Two or more States Parties may conclude agreements modifying or
suspending the operation of provisions of this Convention, applicable
solely to the relations between them, provided that such agreements do not
relate to a provision derogation from which is incompatible with the
effective execution of the object and purpose of this Convention, and
provided further that such agreements shall not affect the application of
the basic principles embodied herein, and that the provisions of such
agreements do not affect the enjoyment by other States Parties of their
rights or the performance of their obligations under this Convention.

4. States Parties intending to conclude an agreement referred to in
paragraph 3 shall notify the other States Parties through the depositary of
this Convention of their intention to conclude the agreement and of the
modification or suspension for which it provides.

5. This article does not affect international agreements expressly
permitted or preserved by other articles of this Convention.

6. States Parties agree that there shall be no amendments to the basic
principle relating to the common heritage of mankind set forth in article
136 and that they shall not be party to any agreement in derogation
thereof.

Article 312
Amendment

1. After the expiry of a period of 10 years from the date of entry into
force of this Convention, a State Party may, by written communication
addressed to the Secretary-General of the United Nations, propose specific
amendments to this Convention, other than those relating to activities in
the Area, and request the convening of a conference to consider such
proposed amendments. The Secretary-General shall circulate such
communication to all States Parties. If, within 12 months from the date of
the circulation of the communication, not less than one half of the States
Parties reply favourably to the request, the Secretary-General shall
convene the conference.

2. The decision-making procedure applicable at the amendment conference
shall be the same as that applicable at the Third United Nations Conference
on the Law of the Sea unless otherwise decided by the conference. The
conference should make every effort to reach agreement on any amendments by
way of consensus and there should be no voting on them until all efforts at
consensus have been exhausted.

Article 313
Amendment by simplified procedure

1. A State Party may, by written communication addressed to the Secretary-
General of the United Nations, propose an amendment to this Convention,
other than an amendment relating to activities in the Area, to be adopted
by the simplified procedure set forth in this article without convening a
conference. The Secretary-General shall circulate the communication to all
States Parties.

2. If, within a period of 12 months from the date of the circulation of the
communication, a State Party objects to the proposed amendment or to the
proposal for its adoption by the simplified procedure, the amendment shall
be considered rejected. The Secretary-General shall immediately notify all
States Parties accordingly.

3. If, 12 months from the date of the circulation of the communication, no
State Party has objected to the proposed amendment or to the proposal for
its adoption by the simplified procedure, the proposed amendment shall be
considered adopted. The Secretary-General shall notify all States Parties
that the proposed amendment has been adopted.

Article 314
Amendments to the provisions of this Convention relating
exclusively to activities in the Area

1. A State Party may, by written communication addressed to the Secretary-
General of the Authority, propose an amendment to the provisions of this
Convention relating exclusively to activities in the Area, including Annex
VI, section 4. The Secretary-General shall circulate such communication to
all States Parties. The proposed amendment shall be subject to approval by
the Assembly following its approval by the Council. Representatives of
States Parties in those organs shall have full powers to consider and
approve the proposed amendment. The proposed amendment as approved by the
Council and the Assembly shall be considered adopted.

2. Before approving any amendment under paragraph 1, the Council and the
Assembly shall ensure that it does not prejudice the system of exploration
for and exploitation of the resources of the Area, pending the Review
Conference in accordance with article 155.

Article 315
Signature, ratification oft accession to
and authentic texts of amendments

1. Once adopted, amendments to this Convention shall be open for signature
by States Parties for 12 months from the date of adoption, at United
Nations Headquarters in New York, unless otherwise provided in the
amendment itself.

2. Articles 306, 307 and 320 apply to all amendments to this Convention.

Article 316
Entry into force of amendments

1. Amendments to this Convention, other than those referred to in paragraph
5, shall enter into force for the States Parties ratifying or acceding to
them on the thirtieth day following the deposit of instruments of
ratification or accession by two thirds of the States Parties or by 60
States Parties, whichever is greater. Such amendments shall not affect the
enjoyment by other States Parties of their rights or the performance of
their obligations under this Convention.

2. An amendment may provide that a larger number of ratifications or
accessions shall be required for its entry into force than are required by
this article.

3. For each State Party ratifying or acceding to an amendment referred to
in paragraph 1 after the deposit of the required number of instruments of
ratification or accession, the amendment shall enter into force on the
thirtieth day following the deposit of its instrument of ratification or
accession.

4. A State which becomes a Party to this Convention after the entry into
force of an amendment in accordance with paragraph 1 shall, failing an
expression of a different intention by that State:

(a) be considered as a Party to this Convention as so amended; and
(b) be considered as a Party to the unamended Convention in relation to
any State Party not bound by the amendment.

5. Any amendment relating exclusively to activities in the Area and any
amendment to Annex VI shall enter into force for all States Parties one
year following the deposit of instruments of ratification or accession by
three fourths of the States Parties.

6. A State which becomes a Party to this Convention after the entry into
force of amendments in accordance with paragraph 5 shall be considered as a
Party to this Convention as so amended.

Article 317
Denunciation

1. A State Party may, by written notification addressed to the Secretary-
General of the United Nations, denounce this Convention and may indicate
its reasons. Failure to indicate reasons shall not affect the validity of
the denunciation. The denunciation shall take effect one year after the
date of receipt of the notification, unless the notification specifies a
later date.

2. A State shall not be discharged by reason of the denunciation from the
financial and contractual obligations which accrued while it was a Party to
this Convention, nor shall the denunciation affect any right, obligation or
legal situation of that State created through the execution of this
Convention prior to its termination for that State.

3. The denunciation shall not in any way affect the duty of any State Party
to fulfil any obligation embodied in this Convention to which it would be
subject under international law independently of this Convention.

Article 318
Status of Annexes

The Annexes form an integral part of this Convention and, unless expressly
provided otherwise, a reference to this Convention or to one of its Parts
includes a reference to the Annexes relating thereto.

Article 319
Depositary

1. The Secretary-General of the United Nations shall be the depositary of
this Convention and amendments thereto.

2. In addition to his functions as depositary, the Secretary-General shall:

(a) report to all States Parties, the Authority and competent
international organizations on issues of a general nature that have
arisen with respect to this Convention;
(b) notify the Authority of ratifications and formal confirmations of and
accessions to this Convention and amendments thereto, as well as of
denunciations of this Convention;
(c) notify States Parties of agreements in accordance with article 311,
paragraph 4;
(d) circulate amendments adopted in accordance with this Convention to
States Parties for ratification or accession;
(e) convene necessary meetings of States Parties in accordance with this
Convention.

3. (a) The Secretary-General shall also transmit to the observers
referred to in article 156:
(i) reports referred to in paragraph 2 (a);
(ii) notifications referred to in paragraph 2 (b) and (c); and
(iii) texts of amendments referred to in paragraph 2 (d), for their
information.
(b) The Secretary-General shall also invite those observers to
participate as observers at meetings of States Parties referred to in
paragraph 2(e).

Article 320
Authentic texts

The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall, subject to
article 305, paragraph 2, be deposited with the Secretary-General of the
United Nations.

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

DONE AT MONTEGO BAY, this tenth day of December, one thousand nine hundred
and eighty-two.

ANNEX I. HIGHLY MIGRATORY SPECIES

1. Albacore tuna: Thunnus alalunga.
2. Bluefin tuna: Thunnus thynnus.
3. Bigeye tuna: Thunnus obesus.
4. Skipjack tuna: Katsuwonus pelamis.
5. Yellowfin tuna: Thunnus albacares.
6. Blackfin tuna: Thunnus atlanticus.
7. Little tuna: Euthynnus alletteratus; Euthynnus affinis.
8. Southern bluefin tuna: Thunnus maccoyii
9. Frigate mackerel: Auxis thazard; Auxis rochei.
10. Pomfrets: Family Bramidae.
11. Marlins: Tetrapturus angustirostris; Tetrapturus belone; Tetrapturus
pnuegeri; Tetrapturus albidus; Tetrapturus audax; Tetrapturus
georgei; Makaira mazara; Makaira indica; Makaira nigricans.
12. Sail-fishes: Istiophorus platypterus; Istiophorus albicans.
13. Swordfish: Xiphias gladius.
14. Sauries: Scomberesox saurus; Cololabis saira; Cololabis adocetus;
Scomberesox saurus scombroides.
15. Dolphin: Coryphaena hippurus; Coryphaena equiselis.
16. Oceanic sharks: Hexanchus griseus; Cetorhinus maximus; Family
Alopiidae; Rhincodon typus; Family Carcharhinidae; Family Sphyrnidae;
Family Isurida.
17. Cetaceans: Family Physeteridae, Family Balaenopteridae; Family
Balaenidae; Family Eschrichtiidae; Family Monodontidae; Family
Ziphiidae; Family Delphinidae.

ANNEX II. COMMISSION ON THE LIMITS
OF THE CONTINENTAL SHELF

Article 1

In accordance with the provisions of article 76, a Commission on the Limits
of the Continental Shelf beyond 200 nautical miles shall be established in
conformity with the following articles.

Article 2

1. The Commission shall consist of 21 members who shall be experts in the
field of geology, geophysics or hydrography, elected by States Parties to
this Convention from among their nationals, having due regard to the need
to ensure equitable geographical representation, who shall serve in their
personal capacities.

2. The initial election shall be held as soon as possible but in any case
within 18 months after the date of entry into force of this Convention. At
least three months before the date of each election, the Secretary-General
of the United Nations shall address a letter to the States Parties,
inviting the submission of nominations, after appropriate regional
consultations, within three months. The Secretary-General shall prepare a
list in alphabetical order of all persons thus nominated and shall submit
it to all the States Parties.

3. Elections of the members of the Commission shall be held at a meeting of
States Parties convened by the Secretary-General at United Nations
Headquarters. At that meeting, for which two thirds of the States Parties
shall constitute a quorum, the persons elected to the Commission shall be
those nominees who obtain a two-thirds majority of the votes of the
representatives of States Parties present and voting. Not less than three
members shall be elected from each geographical region.

4. The members of the Commission shall be elected for a term of five years.
They shall be eligible for re-election.

5. The State Party which submitted the nomination of a member of the
Commission shall defray the expenses of that member while in performance of
Commission duties. The coastal State concerned shall defray the expenses
incurred in respect of the advice referred to in article 3, paragraph 1
(b), of this Annex. The secretariat of the Commission shall be provided by
the Secretary-General of the United Nations.

Article 3

1. The functions of the Commission shall be:

(a) to consider the data and other material submitted by coastal States
concerning the outer limits of the continental shelf in areas where
those limits extend beyond 200 nautical miles, and to make
recommendations in accordance with article 76 and the Statement of
Understanding adopted on 29 August 1980 by the Third United Nations
Conference on the Law of the Sea;
(b) to provide scientific and technical advice, if requested by the
coastal State concerned during the preparation of the data referred
to in subparagraph (a).

2. The Commission may co-operate, to the extent considered necessary and
useful, with the Intergovernmental Oceanographic Commission of UNESCO, the
International Hydrographic Organization and other competent international
organizations with a view to exchanging scientific and technical
information which might be of assistance in discharging the Commission’s
responsibilities.

Article 4

Where a coastal State intends to establish, in accordance with article 76,
the outer limits of its continental shelf beyond 200 nautical miles, it
shall submit particulars of such limits to the Commission along with
supporting scientific and technical data as soon as possible but in any
case within 10 years of the entry into force of this Convention for that
State. The coastal State shall at the same time give the names of any
Commission members who have provided it with scientific and technical
advice.

Article 5

Unless the Commission decides otherwise, the Commission shall function by
way of sub-commissions composed of seven members, appointed in a balanced
manner taking into account the specific elements of each submission by a
coastal State. Nationals of the coastal State making the submission who are
members of the Commission and any Commission member who has assisted a
coastal State by providing scientific and technical advice with respect to
the delineation shall not be a member of the sub-commission dealing with
that submission but has the right to participate as a member in the
proceedings of the Commission concerning the said submission. The coastal
State which has made a submission to the Commission may send its
representatives to participate in the relevant proceedings without the
right to vote.

Article 6

1. The sub-commission shall submit its recommendations to the Commission .

2. Approval by the Commission of the recommendations of the subcommission
shall be by a majority of two thirds of Commission members present and
voting.

3. The recommendations of the Commission shall be submitted in writing to
the coastal State which made the submission and to the Secretary-General of
the United Nations.

Article 7

Coastal States shall establish the outer limits of the continental shelf in
conformity with the provisions of article 76, paragraph 8, and in
accordance with the appropriate national procedures.

Article 8
In the case of disagreement by the coastal State with the recommendations
of the Commission, the coastal State shall, within a reasonable time, make
a revised or new submission to the Commission.

Article 9

The actions of the Commission shall not prejudice matters relating to
delimitation of boundaries between States with opposite or adjacent coasts.

ANNEX III. BASIC CONDITIONS OF PROSPECTING,
EXPLORATION AND EXPLOITATION

Article 1
Title to minerals

Title to minerals shall pass upon recovery in accordance with this
Convention.

Article 2
Prospecting

1. (a) The Authority shall encourage prospecting in the Area.
(b) Prospecting shall be conducted only after the Authority has received
a satisfactory written undertaking that the proposed prospector will
comply with this Convention and the relevant rules, regulations and
procedures of the Authority concerning co-operation in the training
programmes referred to in articles 143 and 144 and the protection of
the marine environment, and will accept verification by the Authority
of compliance therewith. The proposed prospector shall, at the same
time, notify the Authority of the approximate area or areas in which
prospecting is to be conducted.
(c) Prospecting may be conducted simultaneously by more than one
prospector in the same area or areas.

2. Prospecting shall not confer on the prospector any rights with respect
to resources. A prospector may, however, recover a reasonable quantity of
minerals to be used for testing.

Article 3
Exploration and exploitation

1. The Enterprise, States Parties, and the other entities referred to in
article 153, paragraph 2(b), may apply to the Authority for approval of
plans of work for activities in the Area.

2. The Enterprise may apply with respect to any part of the Area, but
applications by others with respect to reserved areas are subject to the
additional requirements of article 9 of this Annex.

3. Exploration and exploitation shall be carried out only in areas
specified in plans of work referred to in article 153, paragraph 3, and
approved by the Authority in accordance with this Convention and the
relevant rules, regulations and procedures of the Authority.

4. Every approved plan of work shall:

(a) be in conformity with this Convention and the rules, regulations and
procedures of the Authority;
(b) provide for control by the Authority of activities in the Area in
accordance with article 153, paragraph 4;
(c) confer on the operator, in accordance with the rules, regulations and
procedures of the Authority, the exclusive right to explore for and
exploit the specified categories of resources in the area covered by
the plan of work. If, however, the applicant presents for approval a
plan of work covering only the stage of exploration or the stage of
exploitation, the approved plan of work shall confer such exclusive
right with respect to that stage only.

5. Upon its approval by the Authority, every plan of work, except those
presented by the Enterprise, shall be in the form of a contract concluded
between the Authority and the applicant or applicants.

Article 4
Qualifications of applicants

1. Applicants, other than the Enterprise, shall be qualified if they have
the nationality or control and sponsorship required by article 153,
paragraph 2(b), and if they follow the procedures and meet the
qualification standards set forth in the rules, regulations and procedures
of the Authority.

2. Except as provided in paragraph 6, such qualification standards shall
relate to the financial and technical capabilities of the applicant and his
performance under any previous contracts with the Authority.

3. Each applicant shall be sponsored by the State Party of which it is a
national unless the applicant has more than one nationality, as in the case
of a partnership or consortium of entities from several States, in which
event all States Parties involved shall sponsor the application, or unless
the applicant is effectively controlled by another State Party or its
nationals, in which event both States Parties shall sponsor the
application. The criteria and procedures for implementation of the
sponsorship requirements shall be set forth in the rules, regulations and
procedures of the Authority.

4. The sponsoring State or States shall, pursuant to article 139, have the
responsibility to ensure, within their legal systems, that a contractor so
sponsored shall carry out activities in the Area in conformity with the
terms of its contract and its obligations under this Convention. A
sponsoring State shall not, however, be liable for damage caused by any
failure of a contractor sponsored by it to comply with its obligations if
that State Party has adopted laws and regulations and taken administrative
measures which are, within the framework of its legal system, reasonably
appropriate for securing compliance by persons under its jurisdiction.

5. The procedures for assessing the qualifications of States Parties which
are applicants shall take into account their character as States.

6. The qualification standards shall require that every applicant, without
exception, shall as part of his application undertake:

(a) to accept as enforceable and comply with the applicable obligations
created by the provisions of Part XI, the rules, regulations and
procedures of the Authority, the decisions of the organs of the
Authority and terms of his contracts with the Authority;
(b) to accept control by the Authority of activities in the Area, as
authorized by this Convention;
(c) to provide the Authority with a written assurance that his
obligations under the contract will be fulfilled in good faith;
(d) to comply with the provisions on the transfer of technology set forth
in article 5 of this Annex.

Article 5
Transfer of technology

1. When submitting a plan of work, every applicant shall make available to
the Authority a general description of the equipment and methods to be used
in carrying out activities in the Area, and other relevant non-proprietary
information about the characteristics of such technology and information as
to where such technology is available.

2. Every operator shall inform the Authority of revisions in the
description and information made available pursuant to paragraph 1 whenever
a substantial technological change or innovation is introduced.

3. Every contract for carrying out activities in the Area shall contain the
following undertakings by the contractor:

(a) to make available to the Enterprise on fair and reasonable commercial
terms and conditions, whenever the Authority so requests, the
technology which he uses in carrying out activities in the Area under
the contract, which the contractor is legally entitled to transfer.
This shall be done by means of licences or other appropriate
arrangements which the contractor shall negotiate with the Enterprise
and which shall be set forth in a specific agreement supplementary to
the contract. This undertaking may be invoked only if the Enterprise
finds that it is unable to obtain the same or equally efficient and
useful technology on the open market on fair and reasonable
commercial terms and conditions;
(b) to obtain a written assurance from the owner of any technology used
in carrying out activities in the Area under the contract, which is
not generally available on the open market and which is not covered
by subparagraph (a), that the owner will, whenever the Authority so
requests, make that technology available to the Enterprise under
licence or other appropriate arrangements and on fair and reasonable
commercial terms and conditions, to the same extent as made available
to the contractor. If this assurance is not obtained, the technology
in question shall not be used by the contractor in carrying out
activities in the Area;
(c) to acquire from the owner by means of an enforceable contract, upon
the request of the Enterprise and if it is possible to do so without
substantial cost to the contractor, the legal right to transfer to
the Enterprise any technology used by the contractor, in carrying out
activities in the Area under the contract, which the contractor is
otherwise not legally entitled to transfer and which is not generally
available on the open market. In cases where there is a substantial
corporate relationship between the contractor and the owner of the
technology, the closeness of this relationship and the degree of
control or influence shall be relevant to the determination whether
all feasible measures have been taken to acquire such a right. In
cases where the contractor exercises effective control over the
owner, failure to acquire from the owner the legal right shall be
considered relevant to the contractor’s qualification for any
subsequent application for approval of a plan of work;
(d) to facilitate, upon the request of the Enterprise, the acquisition by
the Enterprise of any technology covered by subparagraph (b), under
licence or other appropriate arrangements and on fair and reasonable
commercial terms and conditions, if the Enterprise decides to
negotiate directly with the owner of the technology;
(e) to take the same measures as are prescribed in subparagraphs (a),
(b), (c) and (d) for the benefit of a developing State or group of
developing States which has applied for a contract under article 9 of
this Annex, provided that these measures shall be limited to the
exploitation of the part of the area proposed by the contractor which
has been reserved pursuant to article 8 of this Annex and provided
that activities under the contract sought by the developing State or
group of developing States would not involve transfer of technology
to a third State or the nationals of a third State. The obligation
under this provision shall only apply with respect to any given
contractor where technology has not been requested by the Enterprise
or transferred by that contractor to the Enterprise.

4. Disputes concerning undertakings required by paragraph 3, like other
provisions of the contracts, shall be subject to compulsory settlement in
accordance with Part XI and, in cases of violation of these undertakings,
suspension or termination of the contract or monetary penalties may be
ordered in accordance with article 18 of this Annex. Disputes as to whether
offers made by the contractor are within the range of fair and reasonable
commercial terms and conditions may be submitted by either party to binding
commercial arbitration in accordance with the UNCITRAL Arbitration Rules or
such other arbitration rules as may be prescribed in the rules, regulations
and procedures of the Authority. If the finding is that the offer made by
the contractor is not within the range of fair and reasonable commercial
terms and conditions, the contractor shall be given 45 days to revise his
offer to bring it within that range before the Authority takes any action
in accordance with article 18 of this Annex.

5. If the Enterprise is unable to obtain on fair and reasonable commercial
terms and conditions appropriate technology to enable it to commence in a
timely manner the recovery and processing of minerals from the Area, either
the Council or the Assembly may convene a group of States Parties composed
of those which are engaged in activities in the Area, those which have
sponsored entities which are engaged in activities in the Area and other
States Parties having access to such technology. This group shall consult
together and shall take effective measures to ensure that such technology
is made available to the Enterprise on fair and reasonable commercial terms
and conditions. Each such State Party shall take all feasible measures to
this end within its own legal system .

6. In the case of joint ventures with the Enterprise, transfer of
technology will be in accordance with the terms of the joint venture
agreement.

7. The undertakings required by paragraph 3 shall be included in each
contract for the carrying out of activities in the Area until 10 years
after the commencement of commercial production by the Enterprise, and may
be invoked during that period.

8. For the purposes of this article, “technology” means the specialized
equipment and technical know-how, including manuals, designs, operating
instructions, training and technical advice and assistance, necessary to
assemble, maintain and operate a viable system and the legal right to use
these items for that purpose on a non-exclusive basis.

Article 6
Approval of plans of work

1. Six months after the entry into force of this Convention, and thereafter
each fourth month, the Authority shall take up for consideration proposed
plans of work.

2. When considering an application for approval of a plan of work in the
form of a contract, the Authority shall first ascertain whether:

(a) the applicant has complied with the procedures established for
applications in accordance with article 4 of this Annex and has given
the Authority the undertakings and assurances required by that
article. In cases of non-compliance with these procedures or in the
absence of any of these undertakings and assurances, the applicant
shall be given 45 days to remedy these defects;
(b) the applicant possesses the requisite qualifications provided for in
article 4 of this Annex.

3. All proposed plans of work shall be taken up in the order in which they
are received. The proposed plans of work shall comply with and be governed
by the relevant provisions of this Convention and the rules, regulations
and procedures of the Authority, including those on operational
requirements, financial contributions and the undertakings concerning the
transfer of technology. If the proposed plans of work conform to these
requirements, the Authority shall approve them provided that they are in
accordance with the uniform and nondiscriminatory requirements set forth in
the rules, regulations and procedures of the Authority, unless:

(a) part or all of the area covered by the proposed plan of work is
included in an approved plan of work or a previously submitted
proposed plan of work which has not yet been finally acted on by the
Authority;
(b) part or all of the area covered by the proposed plan of work is
disapproved by the Authority pursuant to article 162, paragraph 2
(x); or
(c) the proposed plan of work has been submitted or sponsored by a State
Party which already holds:
(i) plans of work for exploration and exploitation of polymetallic
nodules in non-reserved areas that, together with either part of the
area covered by the application for a plan of work, exceed in size 30
per cent of a circular area of 400,000 square kilometres surrounding
the centre of either part of the area covered by the proposed plan of
work;
(ii) plans of work for the exploration and exploitation of
polymetallic nodules in non-reserved areas which, taken together,
constitute 2 per cent of the total sea-bed area which is not reserved
or disapproved for exploitation pursuant to article 162, paragraph
(2) (x).

4. For the purpose of the standard set forth in paragraph 3(c), a plan of
work submitted by a partnership or consortium shall be counted on a pro
rata basis among the sponsoring States Parties involved in accordance with
article 4, paragraph 3, of this Annex. The Authority may approve plans of
work covered by paragraph 3 (c) if it determines that such approval would
not permit a State Party or entities sponsored by it to monopolize the
conduct of activities in the Area or to preclude other States Parties from
activities in the Area.

5. Notwithstanding paragraph 3(a), after the end of the interim period
specified in article 151, paragraph 3, the Authority may adopt by means of
rules regulations and procedures other procedures and criteria consistent
with this Convention for deciding which applicants shall have plans of work
approved in cases of selection among applicants for a proposed area. These
procedures and criteria shall ensure approval of plans of work on an
equitable and nondiscriminatory basis.

Article 7
Selection among applicants for production authorizations

1. Six months after the entry into force of this Convention and thereafter
each fourth month, the Authority shall take up for consideration
applications for production authorizations submitted during the immediately
preceding period. The Authority shall issue the authorizations applied for
if all such applications can be approved without exceeding the production
limitation or contravening the obligations of the Authority under a
commodity agreement or arrangement to which it has become a party, as
provided in article 151.

2. When a selection must be made among applicants for production
authorizations because of the production limitation set forth in article
151, paragraphs 2 to 7, or because of the obligations of the Authority
under a commodity agreement or arrangement to which it has become a party,
as provided for in article 151, paragraph 1, the Authority shall make the
selection on the basis of objective and non-discriminatory standards set
forth in its rules, regulations and procedures.

3. In the application of paragraph 2, the Authority shall give priority to
those applicants which:

(a) give better assurance of performance, taking into account their
financial and technical qualifications and their performance, if any,
under previously approved plans of work;
(b) provide earlier prospective financial benefits to the Authority,
taking into account when commercial production is scheduled to begin;
(c) have already invested the most resources and effort in prospecting or
exploration.

4. Applicants which are not selected in any period shall have priority in
subsequent periods until they receive a production authorization.

5. Selection shall be made taking into account the need to enhance
opportunities for all States Parties, irrespective of their social and
economic systems or geographical locations so as to avoid discrimination
against any State or system, to participate in activities in the Area and
to prevent monopolization of those activities.

6. Whenever fewer reserved areas than non-reserved areas are under
exploitation, applications for production authorizations with respect to
reserved areas shall have priority.

7. The decisions referred to in this article shall be taken as soon as
possible after the close of each period.

Article 8
Reservation of areas

Each application, other than those submitted by the Enterprise or by any
other entities for reserved areas, shall cover a total area, which need not
be a single continuous area, sufficiently large and of sufficient estimated
commercial value to allow two mining operations. The applicant shall
indicate the coordinates dividing the area into two parts of equal
estimated commercial value and submit all the data obtained by him with
respect to both parts. Without prejudice to the powers of the Authority
pursuant to article 17 of this Annex, the data to be submitted concerning
polymetallic nodules shall relate to mapping, sampling, the abundance of
nodules, and their metal content. Within 45 days of receiving such data,
the Authority shall designate which part is to be reserved solely for the
conduct of activities by the Authority through the Enterprise or in
association with developing States. This designation may be deferred for a
further period of 45 days if the Authority requests an independent expert
to assess whether all data required by this article has been submitted. The
area designated shall become a reserved area as soon as the plan of work
for the non-reserved area is approved and the contract is signed.

Article 9
Activities in reserved areas

1. The Enterprise shall be given an opportunity to decide whether it
intends to carry out activities in each reserved area. This decision may be
taken at any time, unless a notification pursuant to paragraph 4 is
received by the Authority, in which event the Enterprise shall take its
decision within a reasonable time. The Enterprise may decide to exploit
such areas in joint ventures with the interested State or entity.

2. The Enterprise may conclude contracts for the execution of part of its
activities in accordance with Annex IV, article 12. It may also enter into
joint ventures for the conduct of such activities with any entities which
are eligible to carry out activities in the Area pursuant to article 153,
paragraph 2(b). When considering such joint ventures, the Enterprise shall
offer to States Parties which are developing States and their nationals the
opportunity of effective participation.

3. The Authority may prescribe, in its rules, regulations and procedures,
substantive and procedural requirements and conditions with respect to such
contracts and joint ventures.

4. Any State Party which is a developing State or any natural or juridical
person sponsored by it and effectively controlled by it or by other
developing State which is a qualified applicant, or any group of the
foregoing, may notify the Authority that it wishes to submit a plan of work
pursuant to article 6 of this Annex with respect to a reserved area. The
plan of work shall be considered if the Enterprise decides, pursuant to
paragraph 1, that it does not intend to carry out activities in that area.

Article 10
Preference and priority among applicants

An operator who has an approved plan of work for exploration only, as
provided in article 3, paragraph 4(c), of this Annex shall have a
preference and a priority among applicants for a plan of work covering
exploitation of the same area and resources. However, such preference or
priority may be withdrawn if the operator’s performance has not been
satisfactory.

Article 11
Joint arrangements

1. Contracts may provide for joint arrangements between the contractor and
the Authority through the Enterprise, in the form of joint ventures or
production sharing, as well as any other form of joint arrangement, which
shall have the same protection against revision, suspension or termination
as contracts with the Authority.

2. Contractors entering into such joint arrangements with the Enterprise
may receive financial incentives as provided for in article 13 of this
Annex.

3. Partners in joint ventures with the Enterprise shall be liable for the
payments required by article 13 of this Annex to the extent of their share
in the joint ventures, subject to financial incentives as provided for in
that article.

Article 12
Activities carried out by the Enterprise

1. Activities in the Area carried out by the Enterprise pursuant to article
153, paragraph 2(a), shall be governed by Part XI, the rules, regulations
and procedures of the Authority and its relevant decisions.

2. Any plan of work submitted by the Enterprise shall be accompanied by
evidence supporting its financial and technical capabilities.

Article 13
Financial terms of contracts

1. In adopting rules, regulations and procedures concerning the financial
terms of a contract between the Authority and the entities referred to in
article 153, paragraph 2 (b), and in negotiating those financial terms in
accordance with Part XI and those rules, regulations and procedures, the
Authority shall be guided by the following objectives:

(a) to ensure optimum revenues for the Authority from the proceeds of
commercial production;
(b) to attract investments and technology to the exploration and
exploitation of the Area;
(c) to ensure equality of financial treatment and comparable financial
obligations for contractors;
(d) to provide incentives on a uniform and non-discriminatory basis for
contractors to undertake joint arrangements with the Enterprise and
developing States or their nationals, to stimulate the transfer of
technology thereto, and to train the personnel of the Authority and
of developing States;
(e) to enable the Enterprise to engage in sea-bed mining effectively at
the same time as the entities referred to in article 153, paragraph
2(b); and
(f) to ensure that, as a result of the financial incentives provided to
contractors under paragraph 14, under the terms of contracts reviewed
in accordance with article 19 of this Annex or under the provisions
of article 11 of this Annex with respect to joint ventures,
contractors are not subsidized so as to be given an artificial
competitive advantage with respect to land-based miners.

2. A fee shall be levied for the administrative cost of processing an
application for approval of a plan of work in the form of a contract and
shall be fixed at an amount of $US 500,000 per application. The amount of
the fee shall be reviewed from time to time by the Council in order to
ensure that it covers the administrative cost incurred. If such
administrative cost incurred by the Authority in processing an application
is less than the fixed amount, the Authority shall refund the difference to
the applicant.

3. A contractor shall pay an annual fixed fee of $US 1 million from the
date of entry into force of the contract. If the approved date of
commencement of commercial production is postponed because of a delay in
issuing the production authorization, in accordance with article 151, the
annual fixed fee shall be waived for the period of postponement. From the
date of commencement of commercial production, the contractor shall pay
either the production charge or the annual fixed fee, whichever is greater.
4 Within a year of the date of commencement of commercial production, in
conformity with paragraph 3, a contractor shall choose to make his
financial contribution to the Authority by either:

(a) paying a production charge only; or
(b) paying a combination of a production charge and a share of net
proceeds.

5. (a) If a contractor chooses to make his financial contribution to the
Authority by paying a production charge only, it shall be fixed at a
percentage of the market value of the processed metals produced from
the polymetallic nodules recovered from the area covered by the
contract. This percentage shall be fixed as follows:
(i) years 1-10 of commercial production 5 per cent
(ii) years 11 to the end of commercial production 12 per cent

(b) The said market value shall be the product of the quantity of the
processed metals produced from the polymetallic nodules extracted
from the area covered by the contract and the average price for those
metals during the relevant accounting year, as defined in paragraphs
7 and 8.

6. If a contractor chooses to make his financial contribution to the
Authority by paying a combination of a production charge and a share of net
proceeds, such payments shall be determined as follows:

(a) The production charge shall be fixed at a percentage of the market
value, determined in accordance with subparagraph (b), of the
processed metals produced from the polymetallic nodules recovered
from the area covered by the contract. This percentage shall be fixed
as follows:
(i) first period of commercial production 2 per cent
(ii) second period of commercial production 4 per cent

If, in the second period of commercial production, as defined in
subparagraph (d), the return on investment in any accounting year as
defined in subparagraph (m) falls below 15 per cent as a result of
the payment of the production charge at 4 per cent, the production
charge shall be 2 per cent instead of 4 per cent in that accounting
year.

(b) The said market value shall be the product of the quantity of the
processed metals produced from the polymetallic nodules recovered
from the area covered by the contract and the average price for those
metals during the relevant accounting year as defined in paragraphs 7
and 8.

(c) (i) The Authority’s share of net proceeds shall be taken out of that
portion of the contractor’s net proceeds which is attributable to the
mining of the resources of the area covered by the contract, referred
to hereinafter as attributable net proceeds.
(ii) The Authority’s share of attributable net proceeds shall be
determined in accordance with the following incremental schedule:

Portion of attributable Share of the Authority
net proceeds

First period of Second period of
commercial production commercial production

That portion representing a 35 per cent 40 per cent
return on investment which
is greater than 0 per cent, but
less than 10 per cent

That portion representing a 42.5 per cent 50 per cent
return on investment which
is 10 per cent or greater, but
less than 20 per cent

That portion representing a 50 per cent 70 per cent
return on investment which
is 20 per cent or greater

(d) (i) The first period of commercial production referred to in
subparagraphs (a) and (c) shall commence in the first accounting year
of commercial production and terminate in the accounting year in
which the contractor’s development costs with interest on the
unrecovered portion thereof are fully recovered by his cash surplus,
as follows:
In the first accounting year during which development costs are
incurred, unrecovered development costs shall equal the development
costs less cash surplus in that year. In each subsequent accounting
year, unrecovered development costs shall equal the unrecovered
development costs at the end of the preceding accounting year, plus
interest thereon at the rate of 10 per cent per annum, plus
development costs incurred in the current accounting year and less
contractor’s cash surplus in the current accounting year. The
accounting year in which unrecovered development costs become zero
for the first time shall be the accounting year in which the
contractor’s development costs with interest on the unrecovered
portion thereof are fully recovered by his cash surplus. The
contractor’s cash surplus in any accounting year shall be his gross
proceeds less his operating costs and less his payments to the
Authority under subparagraph (c).
(ii) The second period of commercial production shall commence in the
accounting year following the termination of the first period of
commercial production and shall continue until the end of the
contract.
(e) “Attributable net proceeds” means the product of the contractor’s net
proceeds and the ratio of the development costs in the mining sector
to the contractor’s development costs. If the contractor engages in
mining, transporting polymetallic nodules and production primarily of
three processed metals, namely, cobalt, copper and nickel, the amount
of attributable net proceeds shall not be less than 25 per cent of
the contractor’s net proceeds. Subject to subparagraph (n), in all
other cases, including those where the contractor engages in mining,
transporting polymetallic nodules, and production primarily of four
processed metals, namely, cobalt, copper, manganese and nickel, the
Authority may, in its rules, regulations and procedures, prescribe
appropriate floors which shall bear the same relationship to each
case as the 25 per cent floor does to the three-metal case.
(f) “Contractor’s net proceeds” means the contractor’s gross proceeds
less his operating costs and less the recovery of his development
costs as set out in subparagraph (j).
(g) (i) If the contractor engages in mining, transporting polymetallic
nodules and production of processed metals, “contractor’s gross
proceeds” means the gross revenues from the sale of the processed
metals and any other monies deemed reasonably attributable to
operations under the contract in accordance with the financial rules,
regulations and procedures of the Authority.
(ii) In all cases other than those specified in subparagraphs (g)(i)
and (n)(iii), “contractor’s gross proceeds” means the gross revenues
from the sale of the semi-processed metals from the polymetallic
nodules recovered from the area covered by the contract, and any
other monies deemed reasonably attributable to operations under the
contract in accordance with the financial rules, regulations and
procedures of the Authority.
(h) “Contractor’s development costs” means:
(i) all expenditures incurred prior to the commencement of commercial
production which are directly related to the development of the
productive capacity of the area covered by the contract and the
activities related thereto for operations under the contract in all
cases other than that specified in subparagraph (n), in conformity
with generally recognized accounting principles, including, inter
alia, costs of machinery, equipment, ships, processing plant,
construction, buildings, land, roads, prospecting and exploration of
the area covered by the contract, research and development, interest,
required leases, licences and fees; and
(ii) expenditures similar to those set forth in (i) above incurred
subsequent to the commencement of commercial production and necessary
to carry out the plan of work, except those chargeable to operating
costs.
(i) The proceeds from the disposal of capital assets and the market value
of those capital assets which are no longer required for operations
under the contract and which are not sold shall be deducted from the
contractor’s development costs during the relevant accounting year.
When these deductions exceed the contractor’s development costs the
excess shall be added to the contractor’s gross proceeds.
(j) The contractor’s development costs incurred prior to the commencement
of commercial production referred to in subparagraphs (h) (i) and (n)
(iv) shall be recovered in 10 equal annual instalments from the date
of commencement of commercial production. The contractor’s
development costs incurred subsequent to the commencement of
commercial production referred to in subparagraphs (h)(ii) and
(n)(iv) shall be recovered in 10 or fewer equal annual instalments so
as to ensure their complete recovery by the end of the contract.
(k) “Contractor’s operating costs” means all expenditures incurred after
the commencement of commercial production in the operation of the
productive capacity of the area covered by the contract and the
activities related thereto for operations under the contract, in
conformity with generally recognized accounting principles,
including, inter alia, the annual fixed fee or the production charge,
whichever is greater, expenditures for wages, salaries, employee
benefits, materials, services, transporting, processing and marketing
costs, interest, utilities, preservation of the marine environment,
overhead and administrative costs specifically related to operations
under the contract, and any net operating losses carried forward or
backward as specified herein. Net operating losses may be carried
forward for two consecutive years except in the last two years of the
contract in which case they may be carried backward to the two
preceding years.
(l) If the contractor engages in mining, transporting of polymetallic
nodules, and production of processed and semi-processed metals,
“development costs of the mining sector” means the portion of the
contractor’s development costs which is directly related to the
mining of the resources of the area covered by the contract, in
conformity with generally recognized accounting principles, and the
financial rules, regulations and procedures of the Authority,
including, inter alia, application fee, annual fixed fee and, where
applicable, costs of prospecting and exploration of the area covered
by the contract, and a portion of research and development costs.
(m) “Return on investment” in any accounting year means the ratio of
attributable net proceeds in that year to the development costs of
the mining sector. For the purpose of computing this ratio the
development costs of the mining sector shall include expenditures on
new or replacement equipment in the mining sector less the original
cost of the equipment replaced.
(n) If the contractor engages in mining only:
(i) “attributable net proceeds” means the whole of the contractor’s
net proceeds;
(ii) “contractor’s net proceeds” shall be as defined in subparagraph
(f);
(iii) “contractor’s gross proceeds” means the gross revenues from the
sale of the polymetallic nodules, and any other monies deemed
reasonably attributable to operations under the contract in
accordance with the financial rules, regulations and procedures of
the Authority;
(iv) “contractor’s development costs” means all expenditures incurred
prior to the commencement of commercial production as set forth in
subparagraph (h) (i), and all expenditures incurred subsequent to the
commencement of commercial production as set forth in subparagraph
(h) (ii), which are directly related to the mining of the resources
of the area covered by the contract, in conformity with generally
recognized accounting principles;
(v) “contractor’s operating costs” means the contractor’s operating
costs as in subparagraph (k) which are directly related to the mining
of the resources of the area covered by the contract in conformity
with generally recognized accounting principles;
(vi) “return on investment” in any accounting year means the ratio of
the contractor’s net proceeds in that year to the contractor’s
development costs. For the purpose of computing this ratio, the
contractor’s development costs shall include expenditures on new or
replacement equipment less the original cost of the equipment
replaced.
(o) The costs referred to in subparagraphs (h), (k), (l) and (n) in
respect of interest paid by the contractor shall be allowed to the
extent that, in all the circumstances, the Authority approves,
pursuant to article 4, paragraph 1, of this Annex, the debt-equity
ratio and the rates of interest as reasonable, having regard to
existing commercial practice.
(p) The costs referred to in this paragraph shall not be interpreted as
including payments of corporate income taxes or similar charges
levied by States in respect of the operations of the contractor.

7. (a) “Processed metals”, referred to in paragraphs 5 and 6, means the
metals in the most basic form in which they are customarily traded on
international terminal markets. For this purpose, the Authority shall
specify, in its financial rules, regulations and procedures, the
relevant international terminal market. For the metals which are not
traded on such markets, “processed metals” means the metals in the
most basic form in which they are customarily traded in
representative arm’s length transactions.
(b) If the Authority cannot otherwise determine the quantity of the
processed metals produced from the polymetallic nodules recovered
from the area covered by the contract referred to in paragraphs 5 (b)
and 6 (b), the quantity shall be determined on the basis of the metal
content of the nodules, processing recovery efficiency and other
relevant factors, in accordance with the rules, regulations and
procedures of the Authority and in conformity with generally
recognized accounting principles.

8. If an international terminal market provides a representative pricing
mechanism for processed metals, polymetallic nodules and semi-processed
metals from the nodules, the average price on that market shall be used. In
all other cases, the Authority shall, after consulting the contractor,
determine a fair price for the said products in accordance with paragraph
9.

9. (a) All costs, expenditures, proceeds and revenues and all
determinations of price and value referred to in this article shall
be the result of free market or arm’s length transactions. In the
absence thereof, they shall be determined by the Authority, after
consulting the contractor, as though they were the result of free
market or arm’s length transactions, taking into account relevant
transactions in other markets.
(b) In order to ensure compliance with and enforcement of the provisions
of this paragraph, the Authority shall be guided by the principles
adopted for, and the interpretation given to, arm’s length
transactions by the Commission on Transnational Corporations of the
United Nations, the Group of Experts on Tax Treaties between
Developing and Developed Countries and other international
organizations, and shall, in its rules, regulations and procedures,
specify uniform and internationally acceptable accounting rules and
procedures, and the means of selection by the contractor of certified
independent accountants acceptable to the Authority for the purpose
of carrying out auditing in compliance with those rules, regulations
and procedures.

10. The contractor shall make available to the accountants, in accordance
with the financial rules, regulations and procedures of the Authority, such
financial data as are required to determine compliance with this article.

11. All costs, expenditures, proceeds and revenues, and all prices and
values referred to in this article, shall be determined in accordance with
generally recognized accounting principles and the financial rules,
regulations and procedures of the Authority.

12. Payments to the Authority under paragraphs 5 and 6 shall be made in
freely usable currencies or currencies which are freely available and
effectively usable on the major foreign exchange markets or, at the
contractor’s option, in the equivalents of processed metals at market
value. The market value shall be determined in accordance with paragraph
5(b). The freely usable currencies and currencies which are freely
available and effectively usable on the major foreign exchange markets
shall be defined in the rules, regulations and procedures of the Authority
in accordance with prevailing international monetary practice.

13. All financial obligations of the contractor to the Authority, as well
as all his fees, costs, expenditures, proceeds and revenues referred to in
this article, shall be adjusted by expressing them in constant terms
relative to a base year.

14. The Authority may, taking into account any recommendations of the
Economic Planning Commission and the Legal and Technical Commission, adopt
rules, regulations and procedures that provide for incentives, on a uniform
and non-discriminatory basis, to contractors to further the objectives set
out in paragraph 1.

15. In the event of a dispute between the Authority and a contractor over
the interpretation or application of the financial terms of a contract,
either party may submit the dispute to binding commercial arbitration,
unless both parties agree to settle the dispute by other means, in
accordance with article 188, paragraph 2.

Article 14
Transfer of data

1. The operator shall transfer to the Authority, in accordance with its
rules, regulations and procedures and the terms and conditions of the plan
of work, at time intervals determined by the Authority all data which are
both necessary for and relevant to the effective exercise of the powers and
functions of the principal organs of the Authority in respect of the area
covered by the plan of work.

2. Transferred data in respect of the area covered by the plan of work,
deemed proprietary, may only be used for the purposes set forth in this
article. Data necessary for the formulation by the Authority of rules,
regulations and procedures concerning protection of the marine environment
and safety, other than equipment design data, shall not be deemed
proprietary.

3. Data transferred to the Authority by prospectors, applicants for
contracts or contractors, deemed proprietary, shall not be disclosed by the
Authority to the Enterprise or to anyone external to the Authority, but
data on the reserved areas may be disclosed to the Enterprise. Such data
transferred by such persons to the Enterprise shall not be disclosed by the
Enterprise to the Authority or to anyone external to the Authority.

Article 15
Training programmes

The contractor shall draw up practical programmes for the training of
personnel of the Authority and developing States, including the
participation of such personnel in all activities in the Area which are
covered by the contract, in accordance with article 144, paragraph 2.

Article 16
Exclusive right to explore and exploit

The Authority shall, pursuant to Part XI and its rules, regulations and
procedures, accord the operator the exclusive right to explore and exploit
the area covered by the plan of work in respect of a specified category of
resources and shall ensure that no other entity operates in the same area
for a different category of resources in a manner which might interfere
with the operations of the operator. The operator shall have security of
tenure in accordance with article 153, paragraph 6.

Article 17
Rules, regulations and procedures of the Authority

1. The Authority shall adopt and uniformly apply rules, regulations and
procedures in accordance with article 160, paragraph 2(f)(ii), and article
162, paragraph 2(o)(ii), for the exercise of its functions as set forth in
Part XI on, inter alia, the following matters:

(a) administrative procedures relating to prospecting, exploration and
exploitation in the Area;
(b) operations:
(i) size of area;
(ii) duration of operations;
(iii) performance requirements including assurances pursuant to
article 4, paragraph 6(c), of this Annex;
(iv) categories of resources;
(v) renunciation of areas;
(vi) progress reports;
(vii) submission of data;
(viii) inspection and supervision of operations;
(ix) prevention of interference with other activities in the marine
environment;
(x) transfer of rights and obligations by a contractor;
(xi) procedures for transfer of technology to developing States in
accordance with article 144 and for their direct participation;
(xii) mining standards and practices, including those relating to
operational safety, conservation of the resources and the protection
of the marine environment;
(xiii) definition of commercial production;
(xiv) qualification standards for applicants;
(c) financial matters:
(i) establishment of uniform and non-discriminatory costing and
accounting rules and the method of selection of auditors;
(ii) apportionment of proceeds of operations;
(iii) the incentives referred to in article 13 of this Annex;
(d) implementation of decisions taken pursuant to article 151, paragraph
10, and article 164, paragraph 2(d).

2. Rules, regulations and procedures on the following items shall fully
reflect the objective criteria set out below:
(a) Size of areas:
The Authority shall determine the appropriate size of areas for
exploration which may be up to twice as large as those for
exploitation in order to permit intensive exploration operations. The
size of area shall be calculated to satisfy the requirements of
article 8 of this Annex on reservation of areas as well as stated
production requirements consistent with article 151 in accordance
with the terms of the contract taking into account the state of the
art of technology then available for sea-bed mining and the relevant
physical characteristics of the areas. Areas shall be neither smaller
nor larger than are necessary to satisfy this objective.
(b) Duration of operations:
(i) Prospecting shall be without time-limit;
(ii) Exploration should be of sufficient duration to permit a
thorough survey of the specific area, the design and construction of
mining equipment for the area and the design and construction of
small and medium-size processing plants for the purpose of testing
mining and processing systems;
(iii) The duration of exploitation should be related to the economic
life of the mining project, taking into consideration such factors as
the depletion of the ore, the useful life of mining equipment and
processing facilities and commercial viability. Exploitation should
be of sufficient duration to permit commercial extraction of minerals
of the area and should include a reasonable time period for
construction of commercial-scale mining and processing systems,
during which period commercial production should not be required. The
total duration of exploitation, however, should also be short enough
to give the Authority an opportunity to amend the terms and
conditions of the plan of work at the time it considers renewal in
accordance with rules, regulations and procedures which it has
adopted subsequent to approving the plan of work.
(c) Performance requirements:
The Authority shall require that during the exploration stage
periodic expenditures be made by the operator which are reasonably
related to the size of the area covered by the plan of work and the
expenditures which would be expected of a bona fide operator who
intended to bring the area into commercial production within the
time-limits established by the Authority. The required expenditures
should not be established at a level which would discourage
prospective operators with less costly technology than is prevalently
in use. The Authority shall establish a maximum time interval, after
the exploration stage is completed and the exploitation stage begins,
to achieve commercial production. To determine this interval, the
Authority should take into consideration that construction of
large-scale mining and processing systems cannot be initiated until
after the termination of the exploration stage and the commencement
of the exploitation stage. Accordingly, the interval to bring an area
into commercial production should take into account the time
necessary for this construction after the completion of the
exploration stage and reasonable allowance should be made for
unavoidable delays in the construction schedule. Once commercial
production is achieved, the Authority shall within reasonable limits
and taking into consideration all relevant factors require the
operator to maintain commercial production throughout the period of
the plan of work.
(d) Categories of resources:
In determining the category of resources in respect of which a plan
of work may be approved, the Authority shall give emphasis inter alia
to the following characteristics:
(i) that certain resources require the use of similar mining methods;
and
(ii) that some resources can be developed simultaneously without
undue interference between operators developing different resources
in the same area.
Nothing in this subparagraph shall preclude the Authority from
approving a plan of work with respect to more than one category of
resources in the same area to the same applicant.
(e) Renunciation of areas:
The operator shall have the right at any time to renounce without
penalty the whole or part of his rights in the area covered by a plan
of work.
(f) Protection of the marine environment:
Rules, regulations and procedures shall be drawn up in order to
secure effective protection of the marine environment from harmful
effects directly resulting from activities in the Area or from
shipboard processing immediately above a mine site of minerals
derived from that mine site, taking into account the extent to which
such harmful effects may directly result from drilling, dredging,
coring and excavation and from disposal, dumping and discharge into
the marine environment of sediment, wastes or other effluents.
(g) Commercial production:
Commercial production shall be deemed to have begun if an operator
engages in sustained large-scale recovery operations which yield a
quantity of materials sufficient to indicate clearly that the
principal purpose is large-scale production rather than production
intended for information gathering, analysis or the testing of
equipment or plant.

Article 18
Penalties

1. A contractor’s rights under the contract may be suspended or terminated
only in the following cases:
(a) if, in spite of warnings by the Authority, the contractor has
conducted his activities in such a way as to result in serious,
persistent and wilful violations of the fundamental terms of the
contract, Part XI and the rules, regulations and procedures of the
Authority; or
(b) if the contractor has failed to comply with a final binding decision
of the dispute settlement body applicable to him.

2. In the case of any violation of the contract not covered by paragraph 1
(a) or in lieu of suspension or termination under paragraph l(a), the
Authority may impose upon the contractor monetary penalties proportionate
to the seriousness of the violation.

3. Except for emergency orders under article 162, paragraph 2(w), the
Authority may not execute a decision involving monetary penalties,
suspension or termination until the contractor has been accorded a
reasonable opportunity to exhaust the judicial remedies available to him
pursuant to Part XI, section 5.

Article 19
Revision of contract

1. When circumstances have arisen or are likely to arise which, in the
opinion of either party, would render the contract inequitable or make it
impracticable or impossible to achieve the objectives set out in the
contract or in Part XI, the parties shall enter into negotiations to revise
it accordingly.

2. Any contract entered into in accordance with article 153, paragraph 3,
may be revised only with the consent of the parties.

Article 20
Transfer of rights and obligations

The rights and obligations arising under a contract may be transferred only
with the consent of the Authority, and in accordance with its rules,
regulations and procedures. The Authority shall not unreasonably withhold
consent to the transfer if the proposed transferee is in all respects a
qualified applicant and assumes all of the obligations of the transferor
and if the transfer does not confer to the transferee a plan of work, the
approval of which would be forbidden by article 6, paragraph 3(c), of this
Annex.

Article 21
Applicable law

1. The contract shall be governed by the terms of the contract, the rules,
regulations and procedures of the Authority, Part XI and other rules of
international law not incompatible with this Convention.

2. Any final decision rendered by a court or tribunal having jurisdiction
under this Convention relating to the rights and obligations of the
Authority and of the contractor shall be enforceable in the territory of
each State Party.

3. No State Party may impose conditions on a contractor that are
inconsistent with Part XI. However, the application by a State Party to
contractors sponsored by it, or to ships flying its flag, of environmental
or other laws and regulations more stringent than those in the rules,
regulations and procedures of the Authority adopted pursuant to article 17,
paragraph 2(f), of this Annex shall not be deemed inconsistent with Part
XI.

Article 22
Responsibility

The contractor shall have responsibility or liability for any damage
arising out of wrongful acts in the conduct of its operations, account
being taken of contributory acts or omissions by the Authority. Similarly,
the Authority shall have responsibility or liability for any damage arising
out of wrongful acts in the exercise of its powers and functions, including
violations under article 168, paragraph 2, account being taken of
contributory acts or omissions by the contractor. Liability in every case
shall be for the actual amount of damage.

ANNEX IV. STATUTE OF THE ENTERPRISE

Article 1
Purposes

1. The Enterprise is the organ of the Authority which shall carry out
activities in the Area directly, pursuant to article 153, paragraph 2 (a),
as well as the transporting, processing and marketing of minerals recovered
from the Area.

2. In carrying out its purposes and in the exercise of its functions, the
Enterprise shall act in accordance with this Convention and the rules,
regulations and procedures of the Authority.

3. In developing the resources of the Area pursuant to paragraph 1, the
Enterprise shall, subject to this Convention, operate in accordance with
sound commercial principles.

Article 2
Relationship to the Authority

1. Pursuant to article 170, the Enterprise shall act in accordance with the
general policies of the Assembly and the directives of the Council.

2. Subject to paragraph 1, the Enterprise shall enjoy autonomy in the
conduct of its operations.

3. Nothing in this Convention shall make the Enterprise liable for the acts
or obligations of the Authority, or make the Authority liable for the acts
or obligations of the Enterprise.

Article 3
Limitation of liability

Without prejudice to article 11, paragraph 3, of this Annex, no member of
the Authority shall be liable by reason only of its membership for the acts
or obligations of the Enterprise.

Article 4
Structure

The Enterprise shall have a Governing Board, a Director-General and the
staff necessary for the exercise of its functions.
Article 5
Governing Board

1. The Governing Board shall be composed of 15 members elected by the
Assembly in accordance with article 160, paragraph 2(c). In the election of
the members of the Board, due regard shall be paid to the principle of
equitable geographical distribution. In submitting nominations of
candidates for election to the Board, members of the Authority shall bear
in mind the need to nominate candidates of the highest standard of
competence, with qualifications in relevant fields, so as to ensure the
viability and success of the Enterprise.

2. Members of the Board shall be elected for four years and may be
reelected; and due regard shall be paid to the principle of rotation of
membership.

3. Members of the Board shall continue in office until their successors are
elected. If the office of a member of the Board becomes vacant, the
Assembly shall, in accordance with article 160, paragraph 2(c), elect a new
member for the remainder of his predecessor’s term.

4. Members of the Board shall act in their personal capacity. In the
performance of their duties they shall not seek or receive instructions
from any government or from any other source. Each member of the Authority
shall respect the independent character of the members of the Board and
shall refrain from all attempts to influence any of them in the discharge
of their duties.

5. Each member of the Board shall receive remuneration to be paid out of
the funds of the Enterprise. The amount of remuneration shall be fixed by
the Assembly, upon the recommendation of the Council.

6. The Board shall normally function at the principal office of the
Enterprise and shall meet as often as the business of the Enterprise may
require.

7. Two thirds of the members of the Board shall constitute a quorum.

8. Each member of the Board shall have one vote. All matters before the
Board shall be decided by a majority of its members. If a member has a
conflict of interest on a matter before the Board he shall refrain from
voting on that matter.

9. Any member of the Authority may ask the Board for information in respect
of its operations which particularly affect that member. The Board shall
endeavour to provide such information.

Article 6
Powers and functions of the Governing Board

The Governing Board shall direct the operations of the Enterprise. Subject
to this Convention, the Governing Board shall exercise the powers necessary
to fulfil the purposes of the Enterprise, including powers:

(a) to elect a Chairman from among its members;
(b) to adopt its rules of procedure;
(c) to draw up and submit formal written plans of work to the Council in
accordance with article 153, paragraph 3, and article 162, paragraph
2(j);
(d) to develop plans of work and programmes for carrying out the
activities specified in article 170;
(e) to prepare and submit to the Council applications for production
authorizations in accordance with article 151, paragraphs 2 to 7;
(f) to authorize negotiations concerning the acquisition of technology
including those provided for in Annex III, article 5, paragraph 3
(a), (c) and (d), and to approve the results of those negotiations;
(g) to establish terms and conditions, and to authorize negotiations,
concerning joint ventures and other forms of joint arrangements
referred to in Annex III, articles 9 and 11, and to approve the
results of such negotiations;
(h) to recommend to the Assembly what portion of the net income of the
Enterprise should be retained as its reserves in accordance with
article 160, paragraph 2 (f), and article 10 of this Annex;
(i) to approve the annual budget of the Enterprise;
(j) to authorize the procurement of goods and services in accordance with
article 12, paragraph 3, of this Annex;
(k) to submit an annual report to the Council in accordance with article
9 of this Annex;
(l) to submit to the Council for the approval of the Assembly draft rules
in respect of the organization, management, appointment and dismissal
of the staff of the Enterprise and to adopt regulations to give
effect to such rules;
(m) to borrow funds and to furnish such collateral or other security as
it may determine in accordance with article 11, paragraph 2, of this
Annex;
(n) to enter into any legal proceedings, agreements and transactions and
to take any other actions in accordance with article 13 of this
Annex;
(o) to delegate, subject to the approval of the Council, any
non-discretionary powers to the Director-General and to its
committees.

Article 7
Director-General and staff of the Enterprise

1. The Assembly shall, upon the recommendation of the Council and the
nomination of the Governing Board, elect the Director-General of the
Enterprise who shall not be a member of the Board. The Director-General
shall hold office for a fixed term, not exceeding five years, and may be
re-elected for further terms.

2. The Director-General shall be the legal representative and chief
executive of the Enterprise and shall be directly responsible to the Board
for the conduct of the operations of the Enterprise. He shall be
responsible for the organization, management, appointment and dismissal of
the staff of the Enterprise in accordance with the rules and regulations
referred to in article 6, subparagraph (l), of this Annex. He shall
participate, without the right to vote, in the meetings of the Board and
may participate, without the right to vote, in the meetings of the Assembly
and the Council when these organs are dealing with matters concerning the
Enterprise.

3. The paramount consideration in the recruitment and employment of the
staff and in the determination of their conditions of service shall be the
necessity of securing the highest standards of efficiency and of technical
competence. Subject to this consideration, due regard shall be paid to the
importance of recruiting the staff on an equitable geographical basis.

4. In the performance of their duties the Director-General and the staff
shall not seek or receive instructions from any government or from any
other source external to the Enterprise. They shall refrain from any action
which might reflect on their position as international officials of the
Enterprise responsible only to the Enterprise. Each State Party undertakes
to respect the exclusively international character of the responsibilities
of the Director-General and the staff and not to seek to influence them in
the discharge of their responsibilities.

5. The responsibilities set forth in article 168, paragraph 2, are equally
applicable to the staff of the Enterprise.

Article 8
Location

The Enterprise shall have its principal office at the seat of the
Authority. The Enterprise may establish other offices and facilities in the
territory of any State Party with the consent of that State Party.

Article 9
Reports and financial statements

1. The Enterprise shall, not later than three months after the end of each
financial year, submit to the Council for its consideration an annual
report containing an audited statement of its accounts and shall transmit
to the Council at appropriate intervals a summary statement of its
financial position and a profit and loss statement showing the results of
its operations.

2. The Enterprise shall publish its annual report and such other reports as
it finds appropriate.

3. All reports and financial statements referred to in this article shall
be distributed to the members of the Authority.

Article 10
Allocation of net income

1. Subject to paragraph 3, the Enterprise shall make payments to the
Authority under Annex III, article 13, or their equivalent.

2. The Assembly shall, upon the recommendation of the Governing Board,
determine what portion of the net income of the Enterprise shall be
retained as reserves of the Enterprise. The remainder shall be transferred
to the Authority.

3. During an initial period required for the Enterprise to become self-
supporting, which shall not exceed 10 years from the commencement of
commercial production by it, the Assembly shall exempt the Enterprise from
the payments referred to in paragraph 1, and shall leave all of the net
income of the Enterprise in its reserves.

Article 11
Finances

1. The funds of the Enterprise shall include:
(a) amounts received from the Authority in accordance with article 173,
paragraph 2(b);
(b) voluntary contributions made by States Parties for the purpose of
financing activities of the Enterprise;
(c) amounts borrowed by the Enterprise in accordance with paragraphs 2
and 3;
(d) income of the Enterprise from its operations;
(e) other funds made available to the Enterprise to enable it to commence
operations as soon as possible and to carry out its functions.

2. (a) The Enterprise shall have the power to borrow funds and to
furnish such collateral or other security as it may determine. Before
making a public sale of its obligations in the financial markets or
currency of a State Party, the Enterprise shall obtain the approval
of that State Party. The total amount of borrowings shall be approved
by the Council upon the recommendation of the Governing Board.
(b) States Parties shall make every reasonable effort to support
applications by the Enterprise for loans on capital markets and from
international financial institutions.

3. (a) The Enterprise shall be provided with the funds necessary to
explore and exploit one mine site, and to transport, process and
market the minerals recovered therefrom and the nickel, copper,
cobalt and manganese obtained, and to meet its initial administrative
expenses. The amount of the said funds, and the criteria and factors
for its adjustment, shall be included by the Preparatory Commission
in the draft rules, regulations and procedures of the Authority.
(b) All States Parties shall make available to the Enterprise an amount
equivalent to one half of the funds referred to in subparagraph (a)
by way of long-term interest-free loans in accordance with the scale
of assessments for the United Nations regular budget in force at the
time when the assessments are made, adjusted to take into account the
States which are not members of the United Nations. Debts incurred by
the Enterprise in raising the other half of the funds shall be
guaranteed by all States Parties in accordance with the same scale.
(c) If the sum of the financial contributions of States Parties is less
than the funds to be provided to the Enterprise under subparagraph
(a), the Assembly shall, at its first session, consider the extent of
the shortfall and adopt by consensus measures for dealing with this
shortfall, taking into account the obligation of States Parties under
subparagraphs (a) and (b) and any recommendations of the Preparatory
Commission.
(d) (i) Each State Party shall, within 60 days after the entry into force
of this Convention, or within 30 days after the deposit of its
instrument of ratification or accession, whichever is later, deposit
with the Enterprise irrevocable, non-negotiable, non-interest-bearing
promissory notes in the amount of the share of such State Party of
interest-free loans pursuant to subparagraph (b).
(ii) The Board shall prepare, at the earliest practicable date after
this Convention enters into force, and thereafter at annual or other
appropriate intervals, a schedule of the magnitude and timing of its
requirements for the funding of its administrative expenses and for
activities carried out by the Enterprise in accordance with article
170 and article 12 of this Annex.
(iii) The States Parties shall, thereupon, be notified by the
Enterprise, through the Authority, of their respective shares of the
funds in accordance with subparagraph (b), required for such
expenses. The Enterprise shall encash such amounts of the promissory
notes as may be required to meet the expenditure referred to in the
schedule with respect to interest-free loans.
(iv) States Parties shall, upon receipt of the notification, make
available their respective shares of debt guarantees for the
Enterprise in accordance with subparagraph (b).
(e) (i) If the Enterprise so requests, State Parties may provide debt
guarantees in addition to those provided in accordance with the scale
referred to in subparagraph (b).
(ii) In lieu of debt guarantees, a State Party may make a voluntary
contribution to the Enterprise in an amount equivalent to that
portion of the debts which it would otherwise be liable to guarantee.
(f) Repayment of the interest-bearing loans shall have priority over the
repayment of the interest-free loans. Repayment of interest-free
loans shall be in accordance with a schedule adopted by the Assembly,
upon the recommendation of the Council and the advice of the Board.
In the exercise of this function the Board shall be guided by the
relevant provisions of the rules, regulations and procedures of the
Authority, which shall take into account the paramount importance of
ensuring the effective functioning of the Enterprise and, in
particular, ensuring its financial independence.
(g) Funds made available to the Enterprise shall be in freely usable
currencies or currencies which are freely available and effectively
usable in the major foreign exchange markets. These currencies shall
be defined in the rules, regulations and procedures of the Authority
in accordance with prevailing international monetary practice. Except
as provided in paragraph 2, no State Party shall maintain or impose
restrictions on the holding, use or exchange by the Enterprise of
these funds.
(h) “Debt guarantee” means a promise of a State Party to creditors of the
Enterprise to pay, pro rata in accordance with the appropriate scale,
the financial obligations of the Enterprise covered by the guarantee
following notice by the creditors to the State Party of a default by
the Enterprise. Procedures for the payment of those obligations shall
be in conformity with the rules, regulations and procedures of the
Authority.

4. The funds, assets and expenses of the Enterprise shall be kept separate
from those of the Authority. This article shall not prevent the Enterprise
from making arrangements with the Authority regarding facilities, personnel
and services and arrangements for reimbursement of administrative expenses
paid by either on behalf of the other.

5. The records, books and accounts of the Enterprise, including its annual
financial statements, shall be audited annually by an independent auditor
appointed by the Council.

Article 12
Operations

1. The Enterprise shall propose to the Council projects for carrying out
activities in accordance with article 170. Such proposals shall include a
formal written plan of work for activities in the Area in accordance with
article 153, paragraph 3, and all such other information and data as may be
required from time to time for its appraisal by the Legal and Technical
Commission and approval by the Council.

2. Upon approval by the Council, the Enterprise shall execute the project
on the basis of the formal written plan of work referred to in paragraph 1.

3. (a) If the Enterprise does not possess the goods and services
required for its operations it may procure them. For that purpose, it
shall issue invitations to tender and award contracts to bidders
offering the best combination of quality, price and delivery time.
(b) If there is more than one bid offering such a combination, the
contract shall be awarded in accordance with:
(i) the principle of non-discrimination on the basis of political or
other considerations not relevant to the carrying out of operations
with due diligence and efficiency; and
(ii) guidelines approved by the Council with regard to the
preferences to be accorded to goods and services originating in
developing States, including the land-locked and geographically
disadvantaged among them.
(c) The Governing Board may adopt rules determining the special
circumstances in which the requirement of invitations to bid may, in
the best interests of the Enterprise, be dispensed with.

4. The Enterprise shall have title to all minerals and processed substances
produced by it.

5. The Enterprise shall sell its products on a non-discriminatory basis. It
shall not give non-commercial discounts.

6. Without prejudice to any general or special power conferred on the
Enterprise under any other provision of this Convention, the Enterprise
shall exercise such powers incidental to its business as shall be
necessary.

7. The Enterprise shall not interfere in the political affairs of any State
Party; nor shall it be influenced in its decisions by the political
character of the State Party concerned. Only commercial considerations
shall be relevant to its decisions, and these considerations shall be
weighed impartially in order to carry out the purposes specified in article
1 of this Annex.

Article 13
Legal status, privileges and immunities

1. To enable the Enterprise to exercise its functions, the status,
privileges and immunities set forth in this article shall be accorded to
the Enterprise in the territories of States Parties. To give effect to this
principle the Enterprise and States Parties may, where necessary, enter
into special agreements.

2. The Enterprise shall have such legal capacity as is necessary for the
exercise of its functions and the fulfilment of its purposes and, in
particular, the capacity:

(a) to enter into contracts, joint arrangements or other arrangements,
including agreements with States and international organizations;
(b) to acquire, lease, hold and dispose of immovable and movable
property;
(c) to be a party to legal proceedings.

3. (a) Actions may be brought against the Enterprise only in a court of
competent jurisdiction in the territory of a State Party in which the
Enterprise:
(i) has an office or facility;
(ii) has appointed an agent for the purpose of accepting service or
notice of process;
(iii) has entered into a contract for goods or services;
(iv) has issued securities; or
(v) is otherwise engaged in commercial activity.
(b) The property and assets of the Enterprise, wherever located and by
whomsoever held, shall be immune from all forms of seizure,
attachment or execution before the delivery of final judgment against
the Enterprise.

4. (a) The property and assets of the Enterprise, wherever located and
by whomsoever held, shall be immune from requisition, confiscation,
expropriation or any other form of seizure by executive or
legislative action.
(b) The property and assets of the Enterprise, wherever located and by
whomsoever held, shall be free from discriminatory restrictions,
regulations, controls and moratoria of any nature.
(c) The Enterprise and its employees shall respect local laws and
regulations in any State or territory in which the Enterprise or its
employees may do business or otherwise act.
(d) States Parties shall ensure that the Enterprise enjoys all rights,
privileges and immunities accorded by them to entities conducting
commercial activities in their territories. These rights, privileges
and immunities shall be accorded to the Enterprise on no less
favourable a basis than that on which they are accorded to entities
engaged in similar commercial activities. If special privileges are
provided by States Parties for developing States or their commercial
entities, the Enterprise shall enjoy those privileges on a similarly
preferential basis.
(e) States Parties may provide special incentives, rights, privileges and
immunities to the Enterprise without the obligation to provide such
incentives, rights, privileges and immunities to other commercial
entities.

5. The Enterprise shall negotiate with the host countries in which its
offices and facilities are located for exemption from direct and indirect
taxation.

6. Each State Party shall take such action as is necessary for giving
effect in terms of its own law to the principles set forth in this Annex
and shall inform the Enterprise of the specific action which it has taken.

7. The Enterprise may waive any of the privileges and immunities conferred
under this article or in the special agreements referred to in paragraph 1
to such extent and upon such conditions as it may determine.

ANNEX V. CONCILIATION

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

Article 1
Institution of proceedings

If the parties to a dispute have agreed, in accordance with article 284, to
submit it to conciliation under this section, any such party may institute
the proceedings by written notification addressed to the other party or
parties to the dispute.

Article 2
List of conciliators

A list of conciliators shall be drawn up and maintained by the Secretary-
General of the United Nations. Every State Party shall be entitled to
nominate four conciliators, each of whom shall be a person enjoying the
highest reputation for fairness, competence and integrity. The names of the
persons so nominated shall constitute the list. If at any time the
conciliators nominated by a State Party in the list so constituted shall be
fewer than four, that State Party shall be entitled to make further
nominations as necessary. The name of a conciliator shall remain on the
list until withdrawn by the State Party which made the nomination, provided
that such conciliator shall continue to serve on any conciliation
commission to which that conciliator has been appointed until the
completion of the proceedings before that commission.

Article 3
Constitution of conciliation commission

The conciliation commission shall, unless the parties otherwise agree, be
constituted as follows:

(a) Subject to subparagraph (g), the conciliation commission shall
consist of five members.
(b) The party instituting the proceedings shall appoint two conciliators
to be chosen preferably from the list referred to in article 2 of
this Annex, one of whom may be its national, unless the parties
otherwise agree. Such appointments shall be included in the
notification referred to in article 1 of this Annex.
(c) The other party to the dispute shall appoint two conciliators in the
manner set forth in subparagraph (b) within 21 days of receipt of the
notification referred to in article 1 of this Annex. If the
appointments are not made within that period, the party instituting
the proceedings may, within one week of the expiration of that
period, either terminate the proceedings by notification addressed to
the other party or request the Secretary-General of the United
Nations to make the appointments in accordance with subparagraph (e).
(d) Within 30 days after all four conciliators have been appointed, they
shall appoint a fifth conciliator chosen from the list referred to in
article 2 of this Annex, who shall be chairman. If the appointment is
not made within that period, either party may, within one week of the
expiration of that period, request the Secretary-General of the
United Nations to make the appointment in accordance with
subparagraph (e).
(e) Within 30 days of the receipt of a request under subparagraph (c) or
(d), the Secretary-General of the United Nations shall make the
necessary appointments from the list referred to in article 2 of this
Annex in consultation with the parties to the dispute.
(f) Any vacancy shall be filled in the manner prescribed for the initial
appointment.
(g) Two or more parties which determine by agreement that they are in the
same interest shall appoint two conciliators jointly. Where two or
more parties have separate interests or there is a disagreement as to
whether they are of the same interest, they shall appoint
conciliators separately.
(h) In disputes involving more than two parties having separate
interests, or where there is disagreement as to whether they are of
the same interest, the parties shall apply subparagraphs (a) to (f)
in so far as possible.

Article 4
Procedure

The conciliation commission shall, unless the parties otherwise agree,
determine its own procedure. The commission may, with the consent of the
parties to the dispute, invite any State Party to submit to it its views
orally or in writing. Decisions of the commission regarding procedural
matters, the report and recommendations shall be made by a majority vote of
its members.

Article 5
Amicable settlement

The commission may draw the attention of the parties to any measures which
might facilitate an amicable settlement of the dispute.

Article 6
Functions of the commission

The commission shall hear the parties, examine their claims and objections,
and make proposals to the parties with a view to reaching an amicable
settlement.

Article 7
Report

1. The commission shall report within 12 months of its constitution. Its
report shall record any agreements reached and, failing agreement, its
conclusions on all questions of fact or law relevant to the matter in
dispute and such recommendations as the commission may deem appropriate for
an amicable settlement. The report shall be deposited with the
Secretary-General of the United Nations and shall immediately be
transmitted by him to the parties to the dispute.

2. The report of the commission, including its conclusions or
recommendations, shall not be binding upon the parties.

Article 8
Termination

The conciliation proceedings are terminated when a settlement has been
reached, when the parties have accepted or one party has rejected the
recommendations of the report by written notification addressed to the
Secretary-General of the United Nations, or when a period of three months
has expired from the date of transmission of the report to the parties.

Article 9
Fees and expenses

The fees and expenses of the commission shall be borne by the parties to
the dispute.

Article 10
Right of parties to modify procedure

The parties to the dispute may by agreement applicable solely to that
dispute modify any provision of this Annex.

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

Article 11
Institution of proceedings

1. Any party to a dispute which, in accordance with Part XV, section 3, may
be submitted to conciliation under this section, may institute the
proceedings by written notification addressed to the other party or parties
to the dispute.

2. Any party to the dispute, notified under paragraph 1, shall be obliged
to submit to such proceedings.

Article 12
Failure to reply or to submit to conciliation

The failure of a party or parties to the dispute to reply to notification
of institution of proceedings or to submit to such proceedings shall not
constitute a bar to the proceedings.

Article 13
Competence

A disagreement as to whether a conciliation commission acting under this
section has competence shall be decided by the commission.

Article 14
Application of section 1

Articles 2 to 10 of section I of this Annex apply subject to this section.

ANNEX VI. 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 sea-bed or other commercial
use of the sea or the sea-bed.

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

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

Article 8
Conditions relating to participation of members
in 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
Sea-Bed Disputes Chamber

A Sea-Bed 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 work
load 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 Sea-Bed Disputes
Chamber shall have the power to prescribe provisional measures.

2. If the Tribunal is not in session or a sufficient number of members is
not available to constitute a quorum, the provisional measures shall be
prescribed by the chamber of summary procedure formed under article 15,
paragraph 3, of this Annex. Notwithstanding article 15, paragraph 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 31
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. SEA-BED DISPUTES CHAMBER

Article 35
Composition

1. The Sea-Bed 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 Sea-Bed 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 Sea-Bed 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 Sea-Bed 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 41
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.

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

1. 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 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 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 1 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 Inter-Governmental Oceanographic Commission, in the field
of navigation, including pollution from vessels and by dumping, by the
International Maritime Organization, or in each case by the appropriate
subsidiary body concerned to which such organization, programme or
commission has delegated this function.

3. Every State Party shall be entitled to nominate two experts in each
field whose competence in the legal, scientific or technical aspects of
such field is established and generally recognized and who enjoy the
highest reputation for fairness and integrity. The names of the persons so
nominated in each field shall constitute the appropriate list.

4. If at any time the experts nominated by a State Party in the list so
constituted shall be fewer than two, that State Party shall be entitled to
make further nominations as necessary.

5. The name of an expert shall remain on the list until withdrawn by the
State Party which made the nomination, provided that such expert shall
continue to serve on any special arbitral tribunal to which that expert has
been appointed until the completion of the proceedings before that special
arbitral tribunal.

Article 3
Constitution of special arbitral tribunal

For the purpose of proceedings under this Annex, the special arbitral
tribunal shall, unless the parties otherwise agree, be constituted as
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 1 of this Annex, the parties are
unable to reach agreement on the appointment of the President, the
appointment shall be made in accordance with subparagraph (e), at the
request of a party to the dispute. Such request shall be made within
two weeks of the expiration of the aforementioned 30-day period.
(e) Unless the parties agree that the appointment be made by a person or
a third State chosen by the parties, the Secretary-General of the
United Nations shall make the necessary appointments within 30 days
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 (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 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.

ANNEX IX. PARTICIPATION BY INTERNATIONAL
ORGANIZATIONS

Article 1
Use of terms

For the purposes of article 305 and of this Annex, “international
organization” means an intergovernmental organization constituted by States
to which its member States have transferred competence over matters
governed by this Convention, including the competence to enter into
treaties in respect of those matters.

Article 2
Signature

An international organization may sign this Convention if a majority of its
member States are signatories of this Convention. At the time of signature
an international organization shall make a declaration specifying the
matters governed by this Convention in respect of which competence has been
transferred to that organization by its member States which are
signatories, and the nature and extent of that competence.

Article 3
Formal confirmation and accession

1. An international organization may deposit its instrument of formal
confirmation or of accession if a majority of its member States deposit or
have deposited their instruments of ratification or accession.

2. The instruments deposited by the international organization shall
contain the undertakings and declarations required by articles 4 and 5 of
this Annex.

Article 4
Extent of participation and rights and obligations

1. The instrument of formal confirmation or of accession of an
international organization shall contain an undertaking to accept the
rights and obligations of States under this Convention in respect of
matters relating to which competence has been transferred to it by its
member States which are Parties to this Convention .

2. An international organization shall be a Party to this Convention to the
extent that it has competence in accordance with the declarations,
communications of information or notifications referred to in article 5 of
this Annex.

3. Such an international organization shall exercise the rights and perform
the obligations which its member States which are Parties would otherwise
have under this Convention, on matters relating to which competence has
been transferred to it by those member States. The member States of that
international organization shall not exercise competence which they have
transferred to it.

4. Participation of such an international organization shall in no case
entail an increase of the representation to which its member States which
are States Parties would otherwise be entitled, including rights in
decision-making.

5. Participation of such an international organization shall in no case
confer any rights under this Convention on member States of the
organization which are not States Parties to this Convention.

6. In the event of a conflict between the obligations of an international
organization under this Convention and its obligations under the agreement
establishing the organization or any acts relating to it, the obligations
under this Convention shall prevail.

Article 5
Declarations, notifications and communications

1. The instrument of formal confirmation or of accession of an
international organization shall contain a declaration specifying the
matters governed by this Convention in respect of which competence has been
transferred to the organization by its member States which are Parties to
this Convention.

2. A member State of an international organization shall, at the time it
ratifies or accedes to this Convention or at the time when the organization
deposits its instrument of formal confirmation or of accession, whichever
is later, make a declaration specifying the matters governed by this
Convention in respect of which it has transferred competence to the
organization.

3. States Parties which are member States of an international organization
which is a Party to this Convention shall be presumed to have competence
over all matters governed by this Convention in respect of which transfers
of competence to the organization have not been specifically declared,
notified or communicated by those States under this article.

4. The international organization and its member States which are States
Parties shall promptly notify the depositary of this Convention of any
changes to the distribution of competence, including new transfers of
competence, specified in the declarations under paragraphs 1 and 2.

5. Any State Party may request an international organization and its member
States which are States Parties to provide information as to which, as
between the organization and its member States, has competence in respect
of any specific question which has arisen. The organization and the member
States concerned shall provide this information within a reasonable time.
The international organization and the member States may also, on their own
initiative, provide this information.

6. Declarations, notifications and communications of information under this
article shall specify the nature and extent of the competence transferred.

Article 6
Responsibility and liability

1. Parties which have competence under article 5 of this Annex shall have
responsibility for failure to comply with obligations or for any other
violation of this Convention.

2. Any State Party may request an international organization or its member
States which are States Parties for information as to who has
responsibility in respect of any specific matter. The organization and the
member States concerned shall provide this information. Failure to provide
this information within a reasonable time or the provision of contradictory
information shall result in joint and several liability.

Article 7
Settlement of disputes

1. At the time of deposit of its instrument of formal confirmation or of
accession, or at any time thereafter, an international organization shall
be free to choose, by means of a written declaration, one or more of the
means for the settlement of disputes concerning the interpretation or
application of this Convention, referred to in article 287, paragraph 1
(a), (c) or (d).

2. Part XV applies mutatis mutandis to any dispute between Parties to this
Convention, one or more of which are international organizations.

3. When an international organization and one or more of its member States
are joint parties to a dispute, or parties in the same interest, the
organization shall be deemed to have accepted the same procedures for the
settlement of disputes as the member States; when, however, a member State
has chosen only the International Court of Justice under article 287, the
organization and the member State concerned shall be deemed to have
accepted arbitration in accordance with Annex VII, unless the parties to
the dispute otherwise agree.

Article 8
Applicability of Part XVII

Part XVII applies mutatis mutandis to an international organization, except
in respect of the following:

(a) the instrument of formal confirmation or of accession of an
international organization shall not be taken into account in the
application of article 308, paragraph 1;
(b) (i) an international organization shall have exclusive capacity with
respect to the application of articles 312 to 315, to the extent that
it has competence under article 5 of this Annex over the entire
subject matter of the amendment;
(ii) the instrument of formal confirmation or of accession of an
international organization to an amendment, the entire subject-matter
over which the international organization has competence under
article 5 of this Annex, shall be considered to be the instrument of
ratification or accession of each of the member States which are
States Parties, for the purposes of applying article 316, paragraphs
1, 2 and 3;
(iii) the instrument of formal confirmation or of accession of the
international organization shall not be taken into account in the
application of article 316, paragraphs 1 and 2, with regard to all
other amendments;
(c) (i) an international organization may not denounce this Convention in
accordance with article 317 if any of its member States is a State
Party and if it continues to fulfil the qualifications specified in
article 1 of this Annex;
(ii) an international organization shall denounce this Convention
when none of its member States is a State Party or if the
international organization no longer fulfils the qualifications
specified in article 1 of this Annex. Such denunciation shall take
effect immediately.


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