UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
Date: 1982-12-10
Institutions: Algeria, Angola, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Bulgaria, Burundi, Cabo Verde, Cameroon, Canada, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Côte d’Ivoire, Democratic Republic of the Congo, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Eswatini, Ethiopia, Fiji, Finland, France, Gabon, Germany, Ghana, Greece, Grenada, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran, Jamaica, Japan, Jordan, Kenya, Kiribati, Kuwait, Laos, Lesotho, Liberia, Libya, Liechtenstein, Luxembourg, Malaysia, Maldives, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar/Burma, Nauru, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, South Korea, Soviet Union, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tanzania, Thailand, The Gambia, Togo, Trinidad and Tobago, Tunisia, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Upper Volta, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe
Subjects: UN convention, exploitation of the seas, law of the sea, sea

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ANNEX  I

THE  UNITED  NATIONS  CONVENTION  ON  THE  LAW  OF  THE
SEA  AND  OF  THE  AGREEMENT  ON  THE  IMPLEMENTATION
OF  PART  XI  THEREOF

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UNITED  NATIONS  CONVENTION  ON  THE  LAW  OF  THE  SEA

THE  STATES  PARTIES  TO  THIS  CONVENTION,

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

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

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

RECOGNISING  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
utilisation  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  realisation  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, cooperation and friendly relations among
all nations in conformity with the principles of justice and equal rights and will promote the economic and
social advancement of all peoples of the world, in accordance with the Purposes and Principles of the United
Nations  as  set  forth  in  the  Charter;

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

HAVE  AGREED  as  follows:

PART  I

INTRODUCTION

Article  1

(2) ‘Authority’  means 

the 

International 

Sea-Bed

Use  of  terms  and  scope

Authority;

1. For  the  purposes  of  this  Convention:

(3) ‘activities 

in 

the  area’  means  all  activities  of
exploration  for,  and  exploitation  of,  the  resources  of
the  area;

(1) ‘area’  means  the  sea-bed  and  ocean  floor  and  subsoil
thereof,  beyond  the  limits  of  national  jurisdiction;

(4) ‘pollution  of  the  marine  environment’  means  the
indirectly,  of

introduction  by  man,  directly  or 

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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;

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,  air-craft,
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;

(b) ‘dumping’  does  not  include:

(i)  the  disposal  of  wastes  or  other  matter
incidental  to,  or  derived  from  the  normal

(2) this  Convention  applies  mutatis  mutandis  to  the
entities  referred  to  in  Article  305(1)  (b),  (c),  (d),
(e)  and 
this
(f),  which  become  parties 
Convention  in  accordance  with  the  conditions
relevant to each, and to that extent ‘States Parties’
refers  to  those  entities.

to 

PART  II

TERRITORIAL  SEA  AND  CONTIGUOUS  ZONE

SECTION  1

SECTION  2

GENERAL  PROVISIONS

LIMITS  OF  THE  TERRITORIAL  SEA

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.

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.

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

Article  4

Outer  limit  of  the  territorial  sea

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

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.

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Article  5

Normal baseline

particular  baselines,  of  economic  interests  peculiar  to  the
region  concerned,  the  reality  and  the  importance  of
which  are  clearly  evidenced  by  long  usage.

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  recognised  by  the
coastal State.

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  6

Reefs

Article  8

Internal  waters

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  recognised  by  the  coastal  State.

Article  7

Straight baselines

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.

1.
In  localities  where  the  coastline  is  deeply  indented
and  cut  into,  or  if  there  is  a  fringe  of  islands  along  the
coasts  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.

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.

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 
and,
the 
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.

low-water 

extent 

line 

of 

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
similar
low-tide  elevations,  unless 
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.

lighthouses  or 

5. Where  the  method  of  straight  baselines  is  applicable
under  point  1,  account  may  be  taken,  in  determining

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 semi-circle shall be drawn on a

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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.

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.

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.

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.

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

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  coordinates

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
list  of
ascertaining 
geographical  coordinates  of  points, 
the
geodetic  datum,  may  be  substituted.

their  position.  Alternatively,  a 

specifying 

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

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

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SECTION  3

(b) any  exercise  or  practice  with  weapons  of  any  kind;

INNOCENT  PASSAGE  IN  THE  TERRITORIAL  SEA

S u b s e c t i o n   A

Rules  applicable  to  all  ships

(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;

Article  17

(f)  the  launching,  landing  or  taking  on  board  of  any

military device;

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.

shall  be  continuous  and  expeditious.
2. Passage 
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.

(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  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;

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;

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(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
it  may  designate  or  prescribe  for  the
schemes  as 
regulation  of  the  passage  of  ships.

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.

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.

Article  25

Rights  of  protection  of  the  coastal  State

In the designation of sea lanes and the prescription of
3.
traffic  separation  schemes  under  this  Article,  the  coastal
State  shall  take  into  account:

(a)  the  recommendations  of  the  competent  international

organisation;

(b) any  channels  customarily  used  for 

international

navigation;

(c)  the  special  characteristics  of  particular  ships  and

channels;  and

(d) the  density  of  traffic.

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

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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  on  foreign  ships

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

2. Charges  may  be  levied  on  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.

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 
this  notification  may  be
communicated  while  the  measures  are  being  taken.

emergency 

In  considering  whether  or  in  what  manner  an  arrest
4.
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.

S u b s e c t i o n   B

Article  28

Rules  applicable  to  merchant  ships  and  government
ships  operated  for  commercial  purposes

Civil  jurisdiction  in  relation  to  foreign  ships

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
in  narcotic  drugs  or  psychotropic

traffic 

illicit 
substances.

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.

S u b s e c t i o n   C

Rules applicable to warships and other government ships
operated  for  non-commercial  purposes

2. The  above  provisions  do  not  affect  the  right  of  the
coastal  State  to  take  any  steps  authorised  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.

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

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such 

external  marks  distinguishing 
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.

ships  of 

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 
territorial  sea
immediately.

leave 

the 

to 

it 

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

In a zone contiguous to its territorial sea, described as
1.
the  contiguous  zone,  the  coastal  State  may  exercise  the
control  necessary  to:

(a)  prevent 

infringement  of 

fiscal,
immigration  or  sanitary  laws  and  regulations  within
its  territory  or  territorial  sea;

customs, 

its 

(b) punish 

infringement  of 

the  above 

regulations 
territorial sea.

committed  within 

its 

laws  and
territory  or

2. The  contiguous  zone  may  not  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

bordering  the  straits  of  their  sovereignty  or  jurisdiction
over  such  water  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  34

Legal  status  of  waters  forming  straits  used  for
international navigation

Article  35

Scope  of  this  part

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

Nothing  in  this  part  affects:

(a)  any  areas  of  internal  waters  within  a  strait,  except
where  the  establishment  of  a  straight  baseline  in

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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

In  straits  referred  to  in  Article  37,  all  ships  and
1.
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 
hydrographical
to 
characteristics.

navigational 

and 

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;

territorial 

(b) refrain  from  any  threat  or  use  of  force  against  the
sovereignty, 
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;

integrity 

or 

(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 

international
regulations, procedures and practices for safety at sea,
including the International Regulations for Preventing
Collisions  at  Sea;

accepted 

(b) comply  with 

international
generally 
regulations,  procedures  and  practices 
the
for 
prevention,  reduction  and  control  of  pollution  from
ships.

accepted 

3. Aircraft  in  transit  passage  shall:

(a)  observe  the  Rules  of  the  Air  established  by  the
International  Civil  Aviation  Organisation  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

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control  authority  or  the  appropriate  international
distress  radio  frequency.

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

Article  40

Research  and  survey  activities

Article  42

Laws  and  regulations  of  States  bordering  straits  relating
to  transit  passage

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  authorisation  of  the  States  bordering  straits.

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:

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 organisation with a view to their
adoption.  The  organisation  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  cooperate  in  formulating  proposals  in
consultation  with 
international
organisation.

competent 

the 

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.

(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  their
in  fact  among  foreign  ships  or 
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
international
provisions  of 
responsibility  for  any  loss  or  damage  which  results  to
States  bordering  straits.

shall  bear 

this  part 

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  cooperate:

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(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.

SECTION  3

INNOCENT  PASSAGE

Article  45

Innocent  passage

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.

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(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

that  length,  up  to  a  maximum  length  of  125  nautical
miles.

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

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
similar
low-tide  elevations,  unless 
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.

lighthouses  or 

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.

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.

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.

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

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,

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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.

Article  51

Existing  agreements,  traditional  fishing  rights  and
existing  submarine  cables

8. The  baselines  drawn  in  accordance  with  this  Article
shall be shown on charts of a scale or scales adequate for
lists  of
ascertaining 
the
geographical  coordinates  of  points, 
geodetic  datum,  may  be  substituted.

their  position.  Alternatively, 

specifying 

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

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.

the 

1. Without prejudice to Article 49, an archipelagic State
shall  respect  existing  agreements  with  other  States  and
shall  recognise  traditional  fishing  rights  and  other
immediately  adjacent
legitimate  activities  of 
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
on 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

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.

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.

Article  50

Delimitation  of  internal  waters

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

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.

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

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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.

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

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 %  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.

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

schemes  as  may  be  agreed  with 

to 

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
international 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

Article  56

Specific  legal  regime  of  the  exclusive  economic  zone

Rights,  jurisdiction  and  duties  of  the  coastal  State  in  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.

In  the  exclusive  economic  zone,  the  coastal  State

1.
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

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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;

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.

(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
in  a  manner
duties  of  other  States  and  shall  act 
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

submarine 

In  the  exclusive  economic  zone,  all  States,  whether
1.
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 
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 
this
Convention.

the  other  provisions  of 

and  pipelines, 

cables 

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

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, 
respective
importance of the interests involved to the parties as well
as  to  the  international  community  as  a  whole.

into  account 

taking 

the 

Article  60

Artificial  islands,  installations  and  structures  in  the
exclusive  economic  zone

In the exclusive economic zone, the coastal State shall
1.
have the exclusive right to construct and to authorise 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 
installations  and  structures,
including  jurisdiction  with  regard  to  customs,  fiscal,
health,  safety  and  immigration  laws  and  regulations.

islands, 

islands, 

3. Due  notice  must  be  given  of  the  construction  of  such
artificial 
structures,  and
installations  or 
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 
international  organisation.  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.

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

in  which 

the  artificial 

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 
installations  or
structures,  and  shall  not  exceed  a  distance  of  500  metres
around  them,  measured  from  each  point  of  their  outer
edge,  except  as  authorised  by  generally  accepted
international  standards  or  as  recommended  by  the
competent international organisation. Due notice shall be
given  of  the  extent  of  safety  zones.

islands, 

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  recognised  sea
lanes  essential  to  international  navigation.

the  economic  needs  of  coastal 

including 
fishing
communities  and  the  special  requirements  of  developing
States,  and  taking  into  account  fishing  patterns,  the
interdependence 
generally
stocks 
recommended  international  minimum  standards,  whether
subregional,  regional  or  global.

and 

any 

of 

In  taking  such  measures  the  coastal  State  shall  take
4.
into  consideration  the  effects  on  species  associated  with
or  dependent  on  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.

relevant 

statistics,  and  other  data 

5. Available  scientific  information,  catch  and  fishing
the
effort 
conservation  to  fish  stocks  shall  be  contributed  and
exchanged  on  a  regular  basis 
through  competent
international organisations, 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.

to 

Article  62

Utilisation  of  the  living  resources

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.

1. The  coastal  State  shall  promote  the  objective  of
optimum  utilisation  of  the 
in  the
exclusive  economic  zone  without  prejudice  to  Article
61.

living  resources 

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
competent
appropriate, 
international organisations, whether subregional, regional
or  global,  shall  cooperate  to  this  end.

coastal 

State 

and 

the 

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
factors,
by 

relevant  environmental  and  economic 

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 
the
provisions of Articles 69 and 70, especially in relation to
the  developing  States  mentioned  therein.

regard 

to 

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
minimise  economic  dislocation  in  States  whose  nationals
have  habitually  fished  in  the  zone  or  which  have  made
substantial  efforts 
identification  of
stocks.

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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  authorisation  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;

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

through  appropriate 

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 
regional
organisations,  to  agree  on  the  measures  necessary  to
coordinate  and  ensure  the  conservation  and  development
of  such  stocks  without  prejudice  to  the  other  provisions
of  this  part.

subregional  or 

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  organisations,  to  agree  on  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  cooperate  directly  or  through  appropriate
international  organisations  with  a  view  to  ensuring
conservation  and  promoting  the  objective  of  optimum
utilisation  of  such  species  throughout  the  region,  both
within  and  beyond  the  exclusive  economic  zone.  In
regions 
international
organisation  exists,  the  coastal  State  and  other  States
whose  nationals  harvest  these  species  in  the  region  shall
cooperate 
such  an  organisation  and
participate  in  its  work.

for  which  no 

to  establish 

appropriate 

(h) the  landing  of  all  or  any  part  of  the  catch  by  such

vessels  in  the  ports  of  the  coastal  State;

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

(i)  terms  and  conditions  relating  to  joint  ventures  or

other  cooperative  arrangements;

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

technology, 

fisheries 

of 

(k) enforcement  procedures.

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

Article  65

Marine mammals

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

in  particular  work 

through 
for 

organisations 

international 

shall 

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Article  66

Anadromous  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  organisations.

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

Article  67

Catadromous  species

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 

stocks 

for  anadromous 

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

(b) The  State  of  origin  shall  cooperate  in  minimising
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 

in 

to 

to 

referred 

subparagraph 

(b),
participating by agreement with the State of origin
in  measures 
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.

renew  anadromous 

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

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

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.

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

Article  68

Sedentary species

This  part  does  not  apply  to  sedentary  species  as  defined
in  Article  77(4).

Article  69

Right  of  land-locked  States

1. Land-locked States shall have the right to participate,
in  the  exploitation  of  an
on  an  equitable  basis, 
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
in  conformity  with  the
the  States  concerned  and 
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 

in
accordance  with  the  provisions  of  this  Article,  is

land-locked  State, 

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participating  or 
is  entitled  to  participate  under
existing  bilateral,  subregional  or  regional  agreements
in the exploitation of living resources of the exclusive
economic  zones  of  other  coastal  States;

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

(d) the  nutritional  needs  of  the  populations  of  the

respective States.

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

shall,  under 

land-locked  States 

the
4. Developed 
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  minimise  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  on  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
in
circumstances  of  all 

the  States  concerned  and 

conformity  with  the  provisions  of  this  Article  and  of
Articles  61  and  62.

this  part, 

the  purposes  of 

‘geographically
2. For 
disadvantaged  States’  means  coastal  States,  including
States  bordering  enclosed  or  semi-enclosed  seas,  whose
geographical  situation  makes  them  dependent  on  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 

geographically
other 
to  which 
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  cooperate  in  the  establishment  of
equitable  arrangements  on  a  bilateral,  subregional  or
regional  basis  to  allow  for  participation  of  developing
geographically  disadvantaged  States  of 
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.

the 

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

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23.6.98

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  minimise
detrimental  effects  on  fishing  communities  and  economic
dislocation  in  States  whose  nationals  have  habitually
fished  in  the  zone.

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.

coastal  States  may  grant 

6. The  above  provisions  are  without  prejudice  to
arrangements  agreed  on  in  subregions  or  regions  where
the 
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  organisations  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.

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
cooperation,  shall  make  every  effort  to  enter 
into
provisional  arrangements  of  a  practical  nature  and,
during  this  transitional  period,  not  to  jeopardise  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  73

Charts  and  lists  of  geographical  coordinates

Article  75

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.

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
lists  of  geographical
position.  Where  appropriate, 
coordinates of points, specifying the geodetic datum, may
be  substituted  for  such  outer  limit  lines  or  lines  of
delimitation.

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

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

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PART  VI

CONTINENTAL  SHELF

Article  76

Definition  of  the  continental  shelf

its 

territorial  sea 

1. The  continental  shelf  of  a  coastal  State  comprises  the
sea-bed  and  subsoil  of  the  submarine  areas  that  extend
the  natural
beyond 
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.

throughout 

2. The  continental  shelf  of  a  coastal  State  shall  not
extend  beyond  the  limits  provided  for  in  paragraph  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
is
which  the  breadth  of  the  territorial  sea 
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 %  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.

shall 

State 

coastal 

deposit  with 

the
9. The 
Secretary-General  of  the  United  Nations  charts  and
relevant 
datum,
permanently  describing  the  outer  limits  of  its  continental
shelf.  The  Secretary-General  shall  give  due  publicity
thereto.

information, 

including 

geodetic 

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.

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

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.

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
in
over  cables  and  pipelines  constructed  or  used 
connection with the exploration of its continental shelf or
exploitation of its resources or the operations of artificial
islands, 
its
and 
jurisdiction.

installations 

structures 

under 

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
authorise 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

coastal  State 

1. The 
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 % of
the  value  or  volume  of  production  at  the  site.  The  rate
shall  increase  by  1 %  for  each  subsequent  year  until  the
12th year and shall remain at 7 %  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 State 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.

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Article  83

Article  84

Delimitation  of  the  continental  shelf  between  States
with  opposite  or  adjacent  coasts

Charts  and  lists  of  geographical  coordinates

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
the
referred 
International  Court  of  Justice,  in  order  to  achieve  an
equitable  solution.

in  Article  38  of 

the  Statute  of 

to 

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

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

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

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

Article  85

Tunnelling

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.

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.

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
law,

international 

installations  permitted  under 
subject  to  Part  VI;

Article  87

Freedom  of  the  high  seas

(e)  freedom  of  fishing,  subject  to  the  conditions  laid

down  in  Section  2;

1. The  high  seas  are  open  to  all  States,  whether  coastal
or  land-locked.  Freedom  of  the  high  seas  is  exercised

(f)  freedom of scientific research, subject to Parts VI and

XIII.

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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.

claim  any  of  the  nationalities  in  question  with  respect  to
any other State, and may be assimilated to a ship without
nationality.

Article  93

Article  88

Reservation  of  the  high  seas  for  peaceful  purposes

Ships  flying  the  flag  of  the  United  Nations,  its
specialised  agencies  and  the  International  Atomic  Energy
Agency

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.

The  preceding  Articles  do  not  prejudice  the  question  of
ships  employed  on  the  official  service  of  the  United
Nations,  its  specalised  agencies  or  the  International
Atomic  Energy  Agency, 
the
organisation.

flag  of 

flying 

the 

Article  94

Duties  of  the  flag  State

Article  90

Right  of  navigation

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

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

2.

In  particular  every  State  shall:

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  fly  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.

(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 flag 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:

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

(a)  the  construction,  equipment  and  seaworthiness  of

ships;

Article  92

Status  of  ships

(b) the  manning  of  ships,  labour  conditions  and  the
training  of  crews,  taking  into  account  the  applicable
international  instruments;

(c)  the 

use 

the  maintenance 
communications  and  the  prevention  of  collisions.

signals, 

of 

of

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

4. Such  measures  shall 
ensure:

include  those  necessary  to

(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;

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(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 

to 

the  master,  officers  and, 

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.  On  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 cooperate 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

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 
cooperate  with
arrangements 
neighbouring  States  for  this  purpose.

regional 

Article  99

Prohibition  of  the  transport  of  slaves

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.

Every  State  shall  take  effective  measures  to  prevent  and
punish  the  transport  of  slaves  in  ships  authorised  to  fly
its flag and to prevent the unlawful use of its flag for that

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purpose.  Any  slave  taking  refuge  on  board  any  ship,
whatever  its  flag,  shall  ipso  facto  be  free.

it remains under the control of the persons guilty of that
act.

Article  100

Article  104

Duty  to  cooperate  in  the  repression  of  piracy

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

All  States  shall  cooperate  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.

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  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  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 on 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  102

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

Article  107

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.

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  authorised  to  that  effect.

Article  103

Definition  of  a  pirate  ship  or  aircraft

Article  108

Illicit  traffic  in  narcotic  drugs  or  psychotropic
substances

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

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

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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  cooperation  of  other  States  to  suppress  such  traffic.

(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.

Article  109

Unauthorised  broadcasting  from  the  high  seas

1. All  States  shall  cooperate  in  the  suppression  of
unauthorised  broadcasting  from  the  high  seas.

2. For  the  purposes  of  this  Convention,  ‘unauthorised
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.

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.

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

4. These  provisions  apply  mutatis  mutandis  to  military
aircraft.

(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  authorised  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
is
96, 
reasonable  ground  for  suspecting  that:

it  unless  there 

in  boarding 

justified 

is  not 

(a)  the  ship  is  engaged  in  piracy;

(b) the  ship  is  engaged  in  the  slave  trade;

(c)  the  ship  is  engaged  in  unauthorised  broadcasting  and
the  flag  State  of  the  warship  has  jurisdiction  under
Article  109;

5. These  provisions  also  apply  to  any  other  duly
ships  or  aircraft  clearly  marked  and
authorised 
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
is  within  a
contiguous  zone.  If  the  foreign  ship 
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.

shelf, 

2. The right of hot pursuit shall apply mutatis mutandis
to  violations  in  the  exclusive  economic  zone  or  on  the
zones  around
continental 
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.

including 

safety 

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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.

Article  112

Right  to  lay  submarine  cables  and  pipelines

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  authorised  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.

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(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

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.

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

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or pipeline, provided that the owner of the ship has taken
all  reasonable  precautionary  measures  beforehand.

cooperate  to  establish  subregional  or  regional  fisheries
organisations  to  this  end.

SECTION  2

Conservation  of  the  living  resources  of  the  high  seas

Article  119

CONSERVATION  AND  MANAGEMENT  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:

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(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  cooperate  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.

(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 
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;

qualified 

yield, 

by 

as 

(b) take 

into  consideration 

the  effects  on  species
associated  with  or  dependent  on  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.

statistics,  and  other  data 

2. Available  scientific  information,  catch  and  fishing
the
effort 
conservation  of  fish  stocks  shall  be  contributed  and
exchanged  on  a  regular  basis 
through  competent
international organisations, whether subregional, regional
or global, where appropriate and with participation by all
States  concerned.

relevant 

to 

Article  118

Cooperation  of  States  in  the  conservation  and
management  of  living  resources

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.

States shall cooperate 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
shall,  as  appropriate,
resources 

concerned.  They 

Article  120

Marine mammals

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

the  conservation  and

to 

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.

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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

Cooperation  of  States  bordering  enclosed  or  semi-enclosed  seas

States  bordering  an  enclosed  or  semi-enclosed  sea  should  cooperate  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  organisation:

(a)  to  coordinate  the  management,  conservation,  exploration  and  exploitation  of  the  living

resources  of  the  sea;

(b) to  coordinate  the  implementation  of  their  rights  and  duties  with  respect  to  the  protection

and  preservation  of  the  marine  environment;

(c)  to  coordinate  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  organisations  to  cooperate

with  them  in  furtherance  of  the  provisions  of  this  Article.

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

PART  X

Article  124

Use  of  terms

(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;

1. For  the  purposes  of  this  Convention:

(a)  ‘land-locked  State’  means  a  State  which  has  no

sea-coast;

(c)  ‘traffic  in  transit’  means  transit  of  persons,  baggage,
goods  and  means  of  transport  across  the  territory  of

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territory,  with  or  without 

one  or  more  transit  States,  when  the  passage  across
such 
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.

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.

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  128

Free  zones  and  other  customs  facilities

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 
special  geographical  position  of
land-locked  States,  are  excluded  from  the  application  of
the  most-favoured-nation  clause.

the 

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

Cooperation  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 
in
constructing  or  improving  them.

concerned  may 

cooperate 

States 

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.

such  delays  or  difficulties  occur, 
the 

the
2. Should 
competent  authorities  of 
transit  States  and
land-locked  States  concerned  shall  cooperate  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.

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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

SECTION  2

GENERAL  PROVISIONS

PRINCIPLES  GOVERNING  THE  AREA

Article  133

Use  of  terms

Article  136

Common  heritage  of  mankind

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
coordinates  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.

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  recognised.

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  recognised.

Article  135

Legal  status  of  the  superjacent  waters  and  air  space

Article  138

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.

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

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principles embodied in the Charter of the United Nations
and  other  rules  of  international  law  in  the  interests  of
maintaining  peace 
and  promoting
international  cooperation  and  mutual  understanding.

security 

and 

mechanism, on a non-discriminatory basis, in accordance
with  Article  160(2)(f)(i).

Article  139

Use  of  the  area  exclusively  for  peaceful  purposes

Article  141

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  organisations  for
activities  in  the  area  carried  out  by  such  organisations.

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 organisation to carry out
its  responsibilities  under  this  part  shall  entail  liability;
States  Parties  or 
international  organisations  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(2)(b),  if  the  State  Party
has  taken  all  necessary  and  appropriate  measures  to
secure  effective  compliance  under  Article  153(4),  and
Annex  III,  Article  4(4).

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

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
status
full 
recognised  by  the  United  Nations  in  accordance  with
General  Assembly  Resolution  1514  (XV)  and  other
relevant  General  Assembly  Resolutions.

independence  or  other 

self-governing 

2. The  Authority  shall  provide  for  the  equitable  sharing
of  financial  and  other  economic  benefits  derived  from
through  any  appropriate
activities 

the  area 

in 

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

in  the  area,  with  respect  to  resource
1. Activities 
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.

a 

including 

system  of  prior
2. Consultations, 
notification, 
the  State
shall  be  maintained  with 
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.

such  measures  consistent  with 

3. Neither  this  part  nor  any  rights  granted  or  exercised
pursuant thereto shall affect the rights of coastal States to
take 
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.

the 

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
shall  coordinate  and
research 

the  area,  and 

in 

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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
cooperation  in  marine  scientific  research  in  the  area  by:

(a)  participating 

in 

international  programmes  and
encouraging  cooperation  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  organisations  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
cooperate  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
the  domestic

the  enterprise  and 

technology  of 

technology  of  developing  States,  particularly  by
providing  opportunities 
the
enterprise  and  from  developing  States  for  training  in
marine  science  and  technology  and  for  their  full
participation  in  activities  in  the  area.

to  personnel 

from 

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 
the  Authority  shall  adopt
appropriate  rules,  regulations  and  procedures  for  inter
alia:

this  end 

(a)  the  prevention,  reduction  and  control  of  pollution
and  other  hazards  to  the  marine  environment,
including  the  coastline,  and  of  interference  with  the
the  marine  environment,
ecological  balance  of 
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.

Installations  used  for  carrying  out  activities  in  the

2.
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

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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  recognised
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
landlocked  and  geographically
special  need  of  the 
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

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 
to  promote
international  cooperation  for  the  overall  development  of
all  countries,  especially  developing  States,  and  with  a
view  to  ensuring:

international 

trade,  and 

(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
the  avoidance  of
principles  of 
unnecessary  waste;

conservation, 

(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 
the  enterprise  and
developing  States  as  provided  for  in  this  Convention;

technology 

to 

(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  monopolisation  of  activities  in  the
area;

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.

(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;

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(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

agreements 

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
as  may  be
arrangements  or 
appropriate, 
interested  parties,
in  which  all 
consumers,
including  both  producers 
participate,  shall  take  measures  necessary  to
promote  the  growth,  efficiency  and  stability  of
markets for those commodities produced from the
the  area,  at  prices
minerals  derived 
remunerative  to  producers  and  fair  to  consumers.
All  States  Parties  shall  cooperate  to  this  end.

from 

and 

and 

both 

(b) The Authority shall have the right to participate in
any  commodity  conference  dealing  with  those
commodities  and  in  which  all  interested  parties
including 
consumers
producers 
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
accordance  with  the  relevant  rules  of  those
organs.

the  area  and 

in 

(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  authorisation  by  the  Authority.  Such
production  authorisations  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 

for 

the 

the 

application 

production
authorisation,  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
authorisation  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
authorisation  for  the  level  of  production  applied
for  unless  the  sum  of  that  level  and  the  levels
already  authorised  exceeds  the  nickel  production
ceiling,  as  calculated  pursuant  to  paragraph  4  in
the  year  of  issuance  of  the  authorisation,  during
any  year  of  planned  production  falling  within  the
interim  period.

(e)  When  issued,  the  production  authorisation  and
approved  application  shall  become  a  part  of  the
approved  plan  of  work.

(f)  If  the  operator’s  application  for  a  production
authorisation  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

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production  and  the  year  immediately  prior  to
the  commencement  of  the  interim  period;  and

obtain  a  supplementary  production  authorisation
to  cover  additional  production.

(ii) 60 %  of  the  difference  between  the  trend  line
values  for  nickel  consumption,  as  calculated
pursuant to subparagraph (b), for the year for
which  the  production  authorisation  is  being
applied  for  and  the  year  immediately  prior  to
commercial
year 
the 
production.

earliest 

the 

of 

(b) For  the  purposes  of  subparagraph  (a):

the  year 

(i)  trend line values used for computing the nickel
production ceiling shall be those annual nickel
consumption  values  on  a  trend  line  computed
in  which  a  production
during 
authorisation  is  issued.  The  trend  line  shall  be
derived 
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;

linear  regression  of 

from  a 

(ii) if  the  annual  rate  of  increase  of  the  original
trend  line  is  less  than  3 %,  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  of
the  first  year  of  the  relevant  15-year  period,
and  increasing  at  3 %  annually;  provided
however 
ceiling
established  for  any  year  of  the  interim  period
does  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.

production 

that 

the 

5. The  Authority  shall  reserve  to  the  enterprise  for  its
initial  production  a  quantity  of  38 000  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 %  more  than  the 
level  of  annual
production  of  minerals  from  polymetallic  nodules
specified in his production authorisation, provided
that  the  overall  amount  of  production  shall  not
exceed  that  specified  in  the  authorisation.  Any
excess  over  8 %  and  up  to  20 %  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,
to
which  may 

operator 

require 

the 

shall  be 

considered  by 

(b) Applications  for  such  supplementary  production
authorisations 
the
Authority  only  after  all  pending  applications  by
operators  who  have  not  yet  received  production
authorisations  have  been  acted  on  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 authorise the production under
any  plan  of  work  of  a  quantity  in  excess  of
46 500  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 authorisation 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 
such
conditions  and  applying  such  methods  as  may  be
appropriate  by  adopting  regulations  in  accordance  with
Article  161(8).

from  polymetallic  nodules,  under 

10. On 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 cooperation with specialised agencies and other
international  organisations  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 minimising their difficulties and assisting them in their
economic  adjustment.

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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.

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.

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

for 

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  153

System  of  exploration  and  exploitation

Article  154

Periodic  review

1. Activities  in  the  area  shall  be  organised,  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
the  rules,  regulations  and  procedures  of 
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.

in  the  area  shall  be  carried  out 

3. Activities 
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  authorised  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 
joint
arrangements  in  accordance  with  Annex  III,  Article  11.

contracts  may  provide 

for 

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 
in
accordance  with  Article  139.

to  ensure  such  compliance 

review  of 

the  manner 

Every  five  years  from  the  entry  into  force  of  this
Convention,  the  Assembly  shall  undertake  a  general  and
systematic 
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.

in  which 

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, 
they  have  benefited
mankind  as  a  whole;

including  whether 

(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;

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(d) whether  monopolisation  of  activities  in  the  area  has

SECTION  4

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.

regime  designed 

2. The  Review  Conference  shall  ensure  the  maintenance
of  the  principle  of  the  common  heritage  of  mankind,  the
international 
to  ensure  equitable
exploitation of the resources of the area for the benefit of
all  countries,  especially  the  developing  States,  and  an
Authority  to  organise,  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 monopolisation 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.

THE  AUTHORITY

S u b s e c t i o n   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(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  organisation  through  which
States Parties shall, in accordance with this part, organise
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  on  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.

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

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.

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Article  158

Organs  of  the  Authority

shall  be  taken  by  a  majority  of  the  members  present  and
voting.

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(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  on  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  on
another  organ.

S u b s e c t i o n   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.

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. On 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  on  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.

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

In  addition,  the  powers  and  functions  of  the

2.
Assembly  shall  be:

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

(a)  to  elect  the  members  of  the  Council  in  accordance

with  Article  161;

7. Decisions  on  questions  of  procedure, 
including
decisions  to  convene  special  sessions  of  the  Assembly,

(b) to  elect  the  Secretary-General  from  among  the

candidates  proposed  by  the  Council;

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(c)  to  elect,  on  the  recommendation  of  the  Council,  the
members  of  the  Governing  Board  of  the  enterprise
and  the  Director-General  of  the  enterprise;

(j)  to initiate studies and make recommendations for the
purpose  of  promoting 
international  cooperation
concerning  activities  in  the  area  and  encouraging  the
progressive  development  of  international  law  relating
thereto  and  its  codification;

its 

for 

(d) to  establish  such  subsidiary  organs  as 

the  exercise  of 

it  finds
necessary 
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;

functions 

(e)  to  assess  the  contributions  of  members  to  the
administrative  budget  of  the  Authority  in  accordance
with an agreed scale of assessment based on 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;

the  Council, 

(f)  (i)  to  consider  and  approve,  on  the  recommendation
of 
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 
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;

attained 

full 

(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(2)(o)(ii).  These  rules,
regulations  and  procedures 
to
prospecting,  exploration  and  exploitation  in  the
area,  the  financial  management  and 
internal
administration  of  the  Authority,  and,  on  the
recommendation  of  the  Governing  Board  of  the
enterprise,  to  the  transfer  of  funds  from  the
enterprise  to  the  Authority;

relate 

shall 

(g)  to  decide  on  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;

(k) to  consider  problems  of  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 
for
land-locked  and  geographically  disadvantaged  States;

location,  particularly 

their  geographical 

(l)  to  establish,  on  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(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  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.

S u b s e c t i o n   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 %  of
total  world  consumption  or  have  had  net  imports  of
imports  of  the
more  than  2 %  of  total  world 
commodities  produced 
the  categories  of
minerals to be derived from the area, and in any case
one  State  from  the  East  European  (Socialist)  region,
as  well  as  the  largest  consumer;

from 

(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  East  European  (Socialist)  region;

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(c)  four  members  from  among  States  Parties  which  on
the  basis  of  production 
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 
their
economies;

substantial  bearing  on 

in  areas  under 

(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)  18  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,  East
European  (Socialist),  Latin  America  and  Western
Europe  and  Others.

In electing the members of the Council in accordance

2.
with  paragraph  1,  the  Assembly  shall  ensure  that:

(a)  land-locked  and  geographically  disadvantaged  States
are  represented  to  a  degree  which  is  reasonably
proportionate 
the
Assembly;

representation 

their 

to 

in 

(b) coastal  States,  especially  developing  States,  which  do
not  qualify  under  paragraph  1(a),  (b),  (c)  or  (d)  are
reasonably
represented 
proportionate 
the
Assembly;

to  a  degree  which 

representation 

their 

to 

in 

is 

(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.

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

the  Council  shall  be  eligible 

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(2)  (f),  (g),  (h),  (i),  (n),  (p)  and  (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(1); Article 162(2) (a), (b), (c), (d), (e), (l), (q),
(r), (s), (t) and (u) in cases of non-compliance by a
contractor  or  a  sponsor;  Article  162(2)(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(2)(x),  (y)  and  (z);
Article  163(2);  Article  174(3);  Annex  IV,  Article
11.

(d) Decisions  on  questions  of  substance  arising  under
taken  by
the 
consensus:  Article  162(2)(m)  and  (o);  adoption  of
amendments  to  Part  XI.

following  provisions  shall  be 

(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 
such
three  days 
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  the  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.

following 

(f)  Decisions on questions not listed above which the
Council 
is  authorised  to  take  by  the  rules,
regulations  and  procedures  of  the  Authority  or

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shall  be 

taken  pursuant 

otherwise 
the
subparagraphs  of  this  paragraph  specified  in  the
if  not
rules,  regulations  and  procedures  or, 
the
specified 
therein, 
if
subparagraph  determined  by 
possible  in  advance,  by  consensus.

the  Council 

pursuant 

then 

to 

to 

(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  coordinate  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 
non-compliance;

cases 

of 

to 

(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 the
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  organisations  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 on each plan of work
within  60  days  of  its  submission  by  the  Legal  and
Technical Commission at the session of the Council in
accordance  with  the  following  procedures:

a 

days 

specific 

objection 

(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 
alleging
non-compliance  with  the  requirements  of  Annex
is  an  objection,  the
III,  Article  6.  If  there 
conciliation  procedure 
in  Article
161(8)(e),  shall  apply.  If,  at  the  end  of  the
conciliation  procedure, 
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;

the  objection 

forth 

set 

(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, 
in
subparagraph  (j);

the  procedures  set 

forth 

(l)  exercise  control  over  activities 

in
accordance  with  Article  153(4),  and  the  rules,
regulations  and  procedures  of  the  Authority;

the  area 

in 

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(m) take,  on  the  recommendation  of  the  Economic
Planning  Commission,  necessary  and  appropriate
measures 
in  accordance  with  Article  150(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(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;

shall 

relate 

concerned.  These 

(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
rules,
subordinate  organ 
regulations  and  procedures 
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 
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;

exploration 

the 

for 

for 

(t)  make 

recommendations 

the  Assembly
concerning suspension of the exercise of the rights
and  privileges  of  membership  pursuant  to  Article
185;

to 

(u) institute  proceedings  on  behalf  of  the  Authority
before  the  Sea-bed  Disputes  Chamber  in  cases  of
non-compliance;

(v)  notify  the  Assembly  on  a  decision  by  the  Sea-bed
Disputes Chamber in proceedings instituted under
subparagraph 
any
recommendations  which  it  may  find  appropriate
with  respect  to  the  measures  to  be  taken;

make 

and 

(u), 

(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(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

(p) review  the  collection  of  all  payments  to  be  made
in  connection  with

by  or  to  the  Authority 
operations  pursuant  to  this  part;

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

(q) make  the  selection  from  among  applicants  for
production  authorisations  pursuant  to  Annex  III,
Article  7,  where  such  selection  is  required  by  that
provision;

(a)  an  Economic  Planning  Commission;

(b) a  Legal  and  Technical  Commission.

(r)  submit 

the  proposed  annual  budget  of 

the

Authority  to  the  Assembly  for  its  approval;

(s)  make 

recommendations 

the  Assembly
concerning  policies  on  any  question  or  matter
within  the  competence  of  the  Authority;

to 

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.

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in 

the  area  of  competence  of 

3. Members  of  a  Commission  shall  have  appropriate
qualifications 
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.

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
specialised  agencies  or  any  international  organisation
such
the 
with 
consultation.

subject-matter  of 

competence 

in 

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

Article  164

The  Economic  Planning  Commission

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  on  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 
the
Commission’s  functions.

conduct  of 

efficient 

the 

for 

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
Commission.

the  divergencies  of  opinion 

in 

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  on  their  economies.

2. The  Commission  shall:

(a)  propose,  on  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(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(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

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.

1. Members  of  the  Legal  and  Technical  Commission
shall  have  appropriate  qualifications  such  as  those
relevant 
for  and  exploitation  and
processing  of  mineral  resources,  oceanology,  protection

to  exploration 

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of  the  marine  environment,  or  economic  or  legal  matters
relating  to  ocean  mining  and  related  fields  of  expertise.
The  Council  shall  endeavour 
the
membership  of  the  Commission  reflects  all  appropriate
qualifications.

to  ensure 

that 

2. The  Commission  shall:

(a)  make recommendations with regard to the exercise of
the  Authority’s  functions  on  the  request  of  the
Council;

(b) review  formal  written  plans  of  work  for  activities  in
the  Area  in  accordance  with  Article  153(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,  on  request  of  the  Council,  activities  in  the
area,  where  appropriate, 
consultation  and
collaboration  with  any  entity  carrying  out  such
activities  or  State  or  States  concerned  and  report  to
the  Council;

in 

(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  recognised  experts  in  that  field;

(f)  formulate  and  submit  to  the  Council  the  rules,
regulations  and  procedures  referred  to  in  Article
162(2)(o),  taking  into  account  all  relevant  factors
including 
environmental
the 
assessments 
implications  of  activities  in  the  area;

of 

(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 recognised 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  coordinate
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,  on  a  decision  by  the  Sea-bed
Disputes  Chamber 
in
accordance  with  subparagraph  (i);

in  proceedings 

instituted 

(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
authorisations on behalf of the Authority pursuant to
Article  151(2) 
following  any  necessary
(7), 
production
applicants 
selection 
authorisations  by  the  Council  in  accordance  with
Annex  III,  Article  7.

to 
among 

for 

3. The members of the Commission shall, on 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.

S u b s e c t i o n   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.

Secretary-General 

3. The 
chief
administrative  officer  of  the  Authority,  and  shall  act  in
that  capacity  in  all  meetings  of  the  Assembly,  of  the

shall 

the 

be 

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Council  and  of  any  subsidiary  organ,  and  shall  perform
such  other  administrative  functions  as  are  entrusted  to
the  Secretary-General  by  these  organs.

14, or any other confidential information coming to their
knowledge  by  reason  of  their  employment  with  the
Authority.

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

In 

of 

the 

their 

duties 

performance 

1.
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
their
and  exploitation 
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

the  area.  Subject 

to 

in 

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(2)(b),  and  affected  by  such  violation,  be
submitted  by  the  Authority  against  the  staff  member
concerned 
the  rules,
regulations  and  procedures  of  the  Authority.  The  Party
in  the
affected  shall  have  the  right  to  take  part 
the
proceedings. 
Secretary-General 
staff  member
concerned.

tribunal 
shall  dismiss 

tribunal  designated  by 

recommends, 

to  a 

the 

the 

so 

If 

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

Article  169

Consultation  and  cooperation  with  international  and
non-governmental organisations

of 

the  Authority,  make 

1. The  Secretary-General  shall,  on  matters  within  the
competence 
suitable
arrangements,  with  the  approval  of  the  Council,  for
consultation  and  cooperation  with  international  and
the
recognised  by 
non-governmental  organisations 
Economic  and  Social  Council  of  the  United  Nations.

2. Any  organisation  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  organisations
in  appropriate  cases.

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

S u b s e c t i o n   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,
the
pursuant 

to  Article  153(2)(a),  as  well  as 

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transporting,  processing  and  marketing  of  minerals
recovered  from  the  area.

Article  173

Expenses  of  the  Authority

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(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.

S u b s e c t i o n   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(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
to  be
Planning

Article  151(10),  whose 
recommended 
the 
Commission.

Economic 

sources 

are 

by 

1. The  contributions  referred  to  in  Article  171(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  on  the  funds  of  the  Authority.  Except  for  the
assessed  contributions  referred  to  in  Article  171(a),  the
funds  which  remain  after  payment  of  administrative
expenses  may,  inter  alia:

(a)  be  shared  in  accordance  with  Article  140  and  Article

160(2)(g);

(b) be  used  to  provide  the  enterprise  with  funds  in

accordance  with  Article  170(4);

(c)  be  used 

to  compensate  developing  States 

in
accordance  with  Article  151(10),  and  Article
160(2)(l).

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(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.

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(2)(h).

S u b s e c t i o n   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
purposes.

its  function  and  the  fulfilment  of 

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Article  177

Privileges  and  immunities

Article  182

Privileges  and  immunities  of  certain  persons  connected
with  the  Authority

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

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;

from 
requirements  and  national 

(b) if they are not nationals of that State Party, the same
immigration  restrictions,  alien
exemptions 
registration 
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.

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

Article  183

Exemption  from  taxes  and  customs  duties

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.

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

secrets  or 

industrial 

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  organisations.

and 

transactions, 

the  scope  of 

its  official  activities, 

1. Within 
the
Authority,  its  assets  and  property,  its  income,  and  its
this
operations 
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.

authorised  by 

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.

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S u b s e c t i o n   H

Suspension  of  the  exercise  of  rights  and  privileges  of
members

(a)  disputes  between  States  Parties  concerning 

the
interpretation  or  application  of  this  part  and  the
Annexes  relating  thereto;

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

(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
the  enterprise,  State
Parties, 
enterprises and natural or juridical persons referred to
in  Article  153(2)(b),  concerning:

the  Authority  or 

Suspension  of  exercise  of  rights  and  privileges  of
membership

(i)  the  interpretation  or  application  of  a  relevant

contract  or  a  plan  of  work;  or

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

(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(2)(b),  and  has  duly  fulfilled
the  conditions  referred  to  in  Annex  III,  Article  4(6),
and Article 13(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(2)(b),  where  it  is  alleged  that  the  Authority  has
incurred  liability  as  provided  in  Annex  III,  Article
22;

Article  186

Sea-bed  Disputes  Chamber  of  the  International  Tribunal
for  the  Law  of  the  Sea

(f)  any  other  disputes  for  which  the  jurisdiction  of  the
Chamber  is  specifically  provided  in  this  Convention.

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  188

Article  187

Jurisdiction  of  the  Sea-bed  Disputes  Chamber

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

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:

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

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(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 

the 

concerning 

interpretation  or
application of a contract referred to in Article 187
(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  on  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
Sea-bed  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.

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 
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.

jurisdiction 

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(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  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

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.

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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

shall 

take, 

individually  or 

jointly  as
1. States 
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  harmonise  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 
this
Convention.

in  accordance  with 

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
minimise  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
regulating 
the  design,  construction,  equipment,
operation  and  manning  of  vessels;

and  unintentional  discharges, 

(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,
the  safety  of  operations  at  sea,  and
ensuring 
the  design,  construction,  equipment,
regulating 
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.

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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.

plans  for  responding  to  pollution  incidents  in  the  marine
environment.

Article  200

Studies,  research  programmes  and  exchange  of
information  and  data

States  shall  cooperate,  directly  or  through  competent
international organisations, 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.

SECTION  2

Article  201

GLOBAL  AND  REGIONAL  COOPERATION

Scientific  criteria  for  regulations

Article  197

Cooperation  on  a  global  or  regional  basis

States  shall  cooperate  on  a  global  basis  and,  as
appropriate,  on  a  regional  basis,  directly  or  through
competent international organisations, in formulating and
elaborating 
and
recommended  practices  and  procedures  consistent  with
this  Convention,  for  the  protection  and  preservation  of
the  marine 
account
environment, 
characteristic  regional  features.

international 

standards 

taking 

rules, 

into 

competent 

In  the  light  of  the  information  and  data  acquired
pursuant to Article 200, States shall cooperate, directly or
in
through 
establishing  appropriate 
the
formulation  and  elaboration  of  rules,  standards  and
the
recommended  practices 
prevention,  reduction  and  control  of  pollution  of  the
marine  environment.

international  organisations, 
for 
scientific  criteria 

and  procedures 

for 

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 organisations.

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  organisations  shall  cooperate,  to
the extent possible, in eliminating the effects of pollution
and  preventing  or  minimising  the  damage.  To  this  end,
States  shall  jointly  develop  and  promote  contingency

SECTION  3

TECHNICAL  ASSISTANCE

Article  202

Scientific  and  technical  assistance  to  developing  States

States  shall,  directly  or  through  competent  international
organisations:

(a)  promote  programmes  of 

scientific,  educational,
technical and other assistance to developing States for
the  marine
the  protection  and  preservation  of 
environment  and  the  prevention,  reduction  and
control  of  marine  pollution.  Such  assistance  shall
include,  inter alia:

(i) 

training  of 
personnel;

their 

scientific  and 

technical

(ii)  facilitating 

their  participation 

in 

relevant

international programmes;

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(iii)  supplying  them  with  necessary  equipment  and

Article  205

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 

to
developing  States,  for  the  minimisation  of  the  effects
of  major  incidents  which  may  cause  serious  pollution
of  the  marine  environment;

assistance, 

especially 

(c)  provide 

appropriate 

to
developing  States,  concerning  the  preparation  of
environmental assessments.

assistance, 

especially 

Article  203

Preferential  treatment  of  developing  States

Publication  of  reports

States  shall  publish  reports  of  the  results  obtained
pursuant  to  Article  204  or  provide  such  reports  at
appropriate 
international
intervals  to  the  competent 
organisations,  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.

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

SECTION  5

(a)  the  allocation  of  appropriate  funds  and  technical

assistance;  and

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

(b) the  utilisation  of  their  specialised  services.

SECTION  4

MONITORING  AND  ENVIRONMENTAL  ASSESSMENT

Article  207

Pollution  from  land-based  sources

land-based  sources, 

1. States  shall  adopt  laws  and  regulations  to  prevent,
reduce  and  control  pollution  of  the  marine  environment
including  rivers,  estuaries,
from 
pipelines  and  outfall  structures,  taking  into  account
internationally  agreed  rules,  standards  and  recommended
practices  and  procedures.

Article  204

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

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 
to  observe,
international  organisations, 
measure,  evaluate  and  analyse,  by  recognised  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.

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

acting 

through 

4. States, 
competent
especially 
international  organisations  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 
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  re-examined  from  time
to  time  as  necessary.

land-based  sources, 

taking 

from 

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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.

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

Article  208

Pollution  from  sea-bed  activities  subject  to  national
jurisdiction

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

1. Coastal  States  shall  adopt  laws  and  regulations  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, 
their
jurisdiction,  pursuant  to  Articles  60  and  80.

structures  under 

installations 

and 

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
standards  and
rules, 
effective 
recommended  practices  and  procedures.

international 

than 

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

acting 

through 

5. States, 
competent
especially 
international  organisations  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
shall  be
recommended  practices  and  procedures 
re-examined  from  time  to  time  as  necessary.

Article  209

Pollution  from  activities  in  the  area

International  rules,  regulations  and  procedures  shall
1.
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

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.

acting 

through 

4. States, 
competent
especially 
international  organisations  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
organisation  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 minimise the threat of accidents which might
cause  pollution  of  the  marine  environment,  including  the
coastline, and pollution damage to the related interests of

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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 
general
diplomatic  conference.

international 

organisation 

or 

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  organisation.  Whenever  such
requirements  are  established  in  identical  form  by  two  or
more coastal States in an endeavour to harmonise policy,
the  communication  shall 
indicate  which  States  are
participating  in  such  cooperative  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 cooperative arrangements,
to furnish, on the request of that State, information as to
whether  it  is  proceeding  to  a  State  of  the  same  region
participating in such cooperative 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(2).

in 

the  exercise  of 

4. Coastal  States  may, 
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  II,  Section  3,
not  hamper  innocent  passage  of  foreign  vessels.

pollution  from  vessels  is  required  for  recognised
technical reasons in relation to its oceanographical
and ecological conditions, as well as its utilisation
or  the  protection  of 
its  resources  and  the
particular  character  of  its  traffic,  the  coastal
States, after appropriate consultations through the
competent  international  organisation  with  any
other States concerned, may, for that area, direct a
communication  to  that  organisation,  submitting
scientific  and  technical  evidence  in  support  and
facilities.
information  on  necessary  reception 
Within  12  months  after 
such  a
receiving 
communication,  the  organisation  shall  determine
whether  the  conditions  in  that  area  correspond  to
the requirements set out above. If the organisation
so  determines,  the  coastal  States  may,  for  that
area,  adopt 
the
prevention,  reduction  and  control  of  pollution
from vessels implementing such international rules
and  standards  or  navigational  practices  as  are
made  applicable,  through  the  organisation,  for
special areas. These laws and regulations shall not
become  applicable  to  foreign  vessels  until  15
the
months 
communication  to  the  organisation.

regulations 

submission 

laws  and 

after 

the 

for 

of 

(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 organisation thereof. Such additional laws and
regulations  may 
to  discharges  or
relate 
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
the
months 
communication  to  the  organisation,  provided  that
the organisation agrees within 12 months after the
submission  of  the  communication.

submission 

after 

the 

of 

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  organisation  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

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 
involve  discharges  or
probability  of  discharges.

casualties,  which 

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

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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.

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.

acting 

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

through 

SECTION  6

ENFORCEMENT

Article  213

Enforcement  with  respect  to  pollution  from  land-based
sources

take  other  measures  necessary 

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

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
organisations  or  diplomatic 
the
prevention,  reduction  and  control  of  pollution  of  the
marine  environment  by  dumping  shall  be  enforced:

conference 

for 

(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  214

Enforcement  with  respect  to  pollution  from  sea-bed
activities

Article  217

Enforcement  by  flag  States

take  other  measures  necessary 

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

to 

general 

organisation 

through 
or 

1. States  shall  ensure  compliance  by  vessels  flying  their
flag or of their registry with applicable international rules
and  standards,  established 
the  competent
diplomatic
international 
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.

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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 1,  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.

the 

through 

competent 

If a vessel commits a violation of rules and standards
4.
established 
international
organisation  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 
the
violation  may  request  the  assistance  of  any  other  State
whose  cooperation  could  be  useful  in  clarifying  the
circumstances  of  the  case.  States  shall  endeavour  to  meet
appropriate  requests  of  flag  States.

investigation  of 

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  organisation  of  the
action  taken  and  its  outcome.  Such  information  shall  be
available  to  all  States.

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  organisation  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  so  Section  7,  be
suspended  at  the  request  of  the  coastal  State  when  the
internal  waters,
violation  has  occurred  within 
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.

its 

Article  219

Measures  relating  to  seaworthiness  of  vessels  to  avoid
pollution

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.

Subject to Section 7, States which, on request or on their
own  initiative,  have  ascertained  that  a  vessel  within

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one of their ports or at one of their off-shore 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,  on  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
its  next  port  of  call  and  other  relevant
last  and 
information required to establish whether a violation has
occurred.

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  organisation
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(6).

Article  221

Measures  to  avoid  pollution  arising  from  maritime
casualties

international 

1. Nothing in this part shall prejudice the right of States,
pursuant  to 
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  a  maritime  casualty  or  acts  relating  to  such  a
casualty,  which  may  reasonably  be  expected  to  result  in
major  harmful  consequences.

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.

2. For  the  purposes  of  this  article,  ‘maritime  casualty’
means a collision of vessels, stranding or other incident of

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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  225

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

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(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
organisations 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

the  competent 

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 
international
organisation,  and  shall  facilitate  the  attendance  at  such
proceedings  of  official  representatives  of  the  competent
international  organisation,  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.

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 
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:

carry  by 

generally 

to 

(i) 

there  are  clear  grounds  for  believing  that  the
condition  of  the  vessel  or  its  equipment  does
the
not 
particulars  of  those  documents;

substantially  with 

correspond 

(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.

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  authorised  to  that  effect.

(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
the  nearest
conditional  on  proceeding 
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.

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

Article  229

Institution  of  civil  proceedings

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

to 

relating 

laws  and 
standards 

1. Proceedings  to  impose  penalties  in  respect  of  any
regulations  or
violation  of  applicable 
international 
the
rules  and 
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  on  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.  On  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.

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  recognised
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.

In  the  conduct  of  proceedings  in  respect  of  such
3.
violations committed by a foreign vessel which may result
in  the  imposition  of  penalties,  recognised  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 
informed  of  any  such
measures  taken  pursuant  to  Section  6  against  foreign
vessels.

immediately 

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

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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(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.

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
in  respect  of  all  damage  caused  by
compensation 
pollution  of 
the  marine  environment,  States  shall
cooperate  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  8

ICE-COVERED  AREAS

Article  234

Ice-covered areas

for 

laws  and 

regulations 

Coastal  States  have  the  right  to  adopt  and  enforce
non-discriminatory 
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

SECTION  10

SOVEREIGN  IMMUNITY

Article  236

Sovereign immunity

this  Convention  regarding 

The  provisions  of 
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. States  are  responsible  for  the  fulfilment  of  their
international  obligations  concerning  the  protection  and

1. The  provisions  of  this  part  are  without  prejudice  to
the  specific  obligations  assumed  by  States  under  special

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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 
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.

respect 

to 

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  organisations  have  the  right  to
conduct  marine  scientific  research  subject  to  the  rights
and  duties  of  other  States  as  provided  for  in  this
Convention.

(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.

Article  239

Promotion  of  marine  scientific  research

States  and  competent  international  organisations  shall
promote  and  facilitate  the  development  and  conduct  of
marine  scientific  research 
this
Convention.

in  accordance  with 

SECTION  2

INTERNATIONAL  COOPERATION

Article  242

Promotion  of  international  cooperation

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;

1. States  and  competent 
international  organisations
shall,  in  accordance  with  the  principle  of  respect  for
sovereignty  and  jurisdiction  and  on  the  basis  of  mutual
benefit,  promote  international  cooperation  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 cooperation, 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  organisations  shall
cooperate,  through  the  conclusion  of  bilateral  and

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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.

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.

Article  244

Publication  and  dissemination  of  information  and
knowledge

1. States  and  competent 
international  organisations
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
cooperation  with  other  States  and  with  competent
international  organisations,  shall  actively  promote  the
flow  of  scientific  data  and  information  and  the  transfer
of  knowledge  resulting  from  marine  scientific  research,
especially 
the
the  autonomous  marine  scientific
strengthening  of 
research  capabilities  of  developing  States  through,  inter
alia,  programmes  to  provide  adequate  education  and
training  of  their  technical  and  scientific  personnel.

to  developing  States,  as  well  as 

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,  authorise  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.

to  be  carried  out 

3. Coastal  States  shall,  in  normal  circumstances,  grant
their  consent  for  marine  scientific  research  projects  by
other  States  or  competent  international  organisations  in
their  exclusive  economic  zone  or  on  their  continental
this
shelf 
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.

in  accordance  with 

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 organisation 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 
has
outstanding  obligations  to  the  coastal  State  from  a
prior  research  project.

international 

organisation 

competent 

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,  authorise  and  conduct  marine
scientific  research  in  their  exclusive  economic  zone  and

6. Notwithstanding  the  provisions  of  paragraph  5,
coastal  States  may  not  exercise  their  discretion  to
withhold  consent  under  subparagraph 
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

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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.

(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

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  organisations

A  coastal  State  which  is  a  member  of  or  has  a  bilateral
agreement  with  an  international  organisation,  and  in
whose  exclusive  economic  zone  or  on  whose  continental
shelf  that  organisation  wants  to  carry  out  a  marine
scientific  research  project,  directly  or  under  its  auspices,
shall  be  deemed  to  have  authorised  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
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  organisation
to  the  coastal  State.

the  organisation 

for 

Article  248

Duty  to  provide  information  to  the  coastal  State

States  and  competent  international  organisations  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;

(f)  the  extent  to  which  it  is  considered  that  the  coastal
to  be

to  participate  or 

State  should  be  able 
represented  in  the  project.

Article  249

Duty  to  comply  with  certain  conditions

international  organisations
1. States  and  competent 
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,
any
when  practicable,  without  payment  of 
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
their  assessment  or
or  provide  assistance 
interpretation;

in 

(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.

(c)  the  precise  geographical  areas  in  which  the  project  is

to  be  conducted;

2. This  Article  is  without  prejudice  to  the  conditions
established  by  the  laws  and  regulations  of  the  coastal

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State  for  the  exercise  of  its  discretion  to  grant  or
withhold  consent  pursuant  to  Article  246(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 
scientific
research  projects  shall  be  made  through  appropriate
official  channels,  unless  otherwise  agreed.

the  marine 

concerning 

Article  251

General  criteria  and  guidelines

seek 

shall 

through  competent
to  promote 
States 
international  organisations  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  organisations  may
proceed  with  a  marine  scientific  research  project  six
months  after  the  date  on  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  organisation  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  organisation  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  organisation,  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  on  which  the  consent  of
the  coastal  State  was  based;  or

(b) the  State  or  competent  international  organisation
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
to
competent 
conduct  marine 
shall
terminate  the  research  activities  that  are  the  subject  of
such  a  notification.

international  organisations  authorised 

research  activities 

scientific 

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

to  continue  once 

Article  254

Rights  of  neighbouring  land-locked  and  geographically
disadvantaged States

1. States  and  competent 
international  organisations
which  have  submitted  to  a  coastal  State  a  project  to
undertake marine scientific research referred to in Article
249(3)  shall  give  notice  to  the  neighbouring  land-locked
and  geographically  disadvantaged  States  or  the  proposed
research  project,  and  shall  notify  the  coastal  State
thereof.

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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 organisations 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(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
organisations  conducting  the  marine  scientific  research.

to 

in  paragraph  1  shall  provide 

international  organisations
4. States  and  competent 
the
referred 
abovementioned 
geographically
disadvantaged  States,  at  their  request,  the  information
and  assistance  specified  in  Article  249(1)(d),  subject  to
the  provisions  of  Article  249(2).

land-locked 

and 

to 

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

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

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

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

Article  257

Article  262

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

Identification  markings  and  warning  signals

All States, irrespective of their geographical location, and
competent  international  organisations  have  the  right,  in

Installations or equipment referred to in this section shall
bear 
indicating  the  State  of
registry  or  the  international  organisation  to  which  they

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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  organisations.

damage  caused  by  pollution  of  the  marine  environment
arising  out  of  marine  scientific  research  undertaken  by
them  or  on  their  behalf.

SECTION  5

RESPONSIBILITY  AND  LIABILITY

Article  263

Responsibility  and  liability

SECTION  6

SETTLEMENT  OF  DISPUTES  AND  INTERIM  MEASURES

Article  264

Settlement  of  disputes

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

for  ensuring 

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.

2. States and competent international organisations 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
international
or 
organisations,  and  shall  provide  compensation 
for
damage  resulting  from  such  measures.

juridical  persons  or  by  competent 

3. States and competent international organisations shall
be  responsible  and  liable  pursuant  to  Article  235  for

Article  265

Interim  measures

Pending  settlement  of  a  dispute  in  accordance  with  Part
XV,  Sections  2  and  3, 
the  State  or  competent
international organisation authorised 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
organisations,  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 cooperation pursuant to Article 266,
shall have due regard for all legitimate interest including,

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inter  alia,  the  rights  and  duties  of  holders,  suppliers  and
recipients  of  marine  technology.

(d) promote 

exchange  of 
technological  and  other  experts;

the 

scientists  and  of

(e)  undertake  projects  and  promote  joint  ventures  and
other  forms  of  bilateral  and  multilateral  cooperation.

Article  268

Basic objectives

States,  directly  or 
organisations,  shall  promote:

through  competent 

international

SECTION  2

INTERNATIONAL  COOPERATION

(a)  the  acquisition,  evaluation  and  dissemination  of
marine  technological  knowledge  and  facilitate  access
to  such  information  and  data;

Article  270

Ways  and  means  of  international  cooperation

(b) the  development  of  appropriate  marine  technology;

(c)  the  development  of 

technological
infrastructure  to  facilitate  the  transfer  of  marine
technology;

the  necessary 

(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  cooperation  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
organisations,  shall  endeavour,  inter alia,  to:

(a)  establish programmes of technical cooperation 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;

for 

the  development  and
International  cooperation 
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, 
transfer  of  marine
technology,  particularly  in  new  fields,  and  appropriate
international 
and
for 
development.

research 

funding 

ocean 

the 

Article  271

Guidelines,  criteria  and  standards

shall  promote 

through  competent 

international
States,  directly  or 
organisations, 
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  organisations  and
other  forums,  taking  into  account,  in  particular,  the
interests  and  needs  of  developing  States.

Article  272

Coordination  of  international  programmes

to  ensure 

In  the  field  of  transfer  of  marine  technology,  States  shall
endeavour 
international
organisations  coordinate  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.

that  competent 

Article  273

Cooperation  with  international  organisations  and  the
Authority

shall 

cooperate 

actively  with 

competent
States 
international  organisations  and 
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.

the  Authority 

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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 

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;

the 

(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  aquisition  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
organisations  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  utilise  and  preserve
their  marine  resources  for  the  economic  benefit.

2. States,  through  competent  international  organisations
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

in 

the 

1. States, 
competent
coordination  with 
international  organisations,  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  cooperate  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) organisation  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
in  readily  available

technological  research 

and 
publications;

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(g)  publicising  national  policies  with  regard  to  the
systematic

technology  and 

transfer  of  marine 
comparative  study  of  those  policies;

(h) compilation  and  systematisation  of  information  on
the  marketing  of  technology  and  on  contracts  and
other  arrangements  concerning  patents;

(i)  technical  cooperation  with  other  States  of 

the

region.

SECTION  4

COOPERATION  AMONG  INTERNATIONAL
ORGANISATIONS

Article  278

Cooperation  among  international  organisations

The  competent  international  organisations  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(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

If  the  States  Parties  which  are  parties  to  a  dispute
1.
interpretation  or  application  of  this
concerning  the 
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  on  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

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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  287

Choice  of  procedure

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.

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

If  the  invitation  is  not  accepted  or  the  parties  do  not
3.
agree on 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 
the  agreed
conciliation procedure.

in  accordance  with 

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.

signing, 

ratifying  or  acceding 

this
1. When 
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:

to 

(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 obligations 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.

If  the  parties  to  a  dispute  have  accepted  the  same
4.
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 
the  parties
otherwise agree.

this  Article,  unless 

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.

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Article  288

Jurisdiction

to  the  dispute  and  after  the  parties  have  been  given  an
opportunity  to  be  heard.

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

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

it  considers  appropriate,  of 

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,
in  accordance  with  the
it 
which 
agreement.

is  submitted  to 

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

that  prima 

If  a  dispute  has  been  duly  submitted  to  a  court  or
1.
tribunal  which  considers 
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.

facie 

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

5. Pending  the  constitution  of  an  arbitral  tribunal  to
which a dispute is being submitted under this section, any
court or tribunal agreed on 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 
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.

is 

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 on 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 on 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

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or  to  the  International  Tribunal  for  the  Law  of  the  Sea,
unless  the  parties  otherwise  agree.

Article  295

Exhaustion  of  local  remedies

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. On 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.

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.

Article  293

Applicable law

1. A  court  or  tribunal  having  jurisdiction  under  this
Section  shall  apply  this  Convention  and  other  rules  of
international 
this
Convention.

incompatible  with 

law 

not 

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  387  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. On  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 
in
accordance  with  the  applicable  rules  of  procedure.

to  make  preliminary  objections 

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 
jurisdiction
provided  for  in  this  Convention  shall  be  subject  to  the
procedures  provided  for  in  Section  2  in  the  following
cases:

its  sovereign  rights  or 

(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
organisation  or  diplomatic  conference  in  accordance
with  this  Convention.

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2.  (a)  Disputes 

the 

concerning 

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  or  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
in  a  manner
under  Articles  246  and  253 
compatible  with 
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(6),  or  of  its  discretion  to  withhold
consent  in  accordance  with  Article  246(5).

this  Convention 

3.  (a)  Disputes 

the 

concerning 

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
living
sovereign  rights  with  respect 
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.

the 

to 

(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 
and  management
measures  that  the  maintenance  of  the  living
resources  in  the  exclusive  economic  zone  is
not  seriously  endangered;

conservation 

(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
organisations.

(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 minimise 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

signing, 

ratifying  or  acceding 

1. When 
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:

to 

(a)  (i)  disputes 

the 

concerning 

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 
the
that  necessarily 
concurrent consideration of any unsettled dispute
concerning  sovereignty  or  other  rights  over
continental  or  insular  land  territory  shall  be
excluded  from  such  submission;

involves 

(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

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question to one of the procedures provided for in
Section  2,  unless  the  parties  otherwise  agree;

procedure  in  this  Convention  as  against  another  State
Party,  without  the  consent  of  that  party.

(iii)  this  subparagraph  does  not  apply  to  any  sea
an
boundary  dispute 
arrangement  between  the  parties,  or  to  any  such
dispute which is to be settled in accordance with
a  bilateral  or  multilateral  agreement  binding  on
those  parties;

settled  by 

finally 

(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(2)  or  (3);

(c)  disputes  in  respect  of  which  the  Security  Council  of
the  United  Nations 
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 on the parties to settle
it  by  the  means  provided  for  in  this  Convention.

is  exercising 

the 

If  one  of  the  States  Parties  has  made  a  declaration
4.
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  on  a  procedure

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.

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.

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

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

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.

States  Parties  shall  fulfil  in  good  faith  the  obligations
assumed  under  this  Convention  and  shall  exercise  the
rights, 
in  this
jurisdiction  and  freedoms  recognised 
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

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

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obligations under this Convention, to supply information
the  disclosure  of  which  is  contrary  to  the  essential
interests  of  its  security.

in 

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

Article  303

Archaeological  and  historical  objects  found  at  sea

is  without  prejudice 

4. This  Article 
to  other
international  agreements  and  rules  of  international  law
regarding  the  protection  of  objects  of  an  archeological
and  historical  nature.

1. States  have  the  duty  to  protect  objects  of  an
archeological and historical nature found at sea and shall
cooperate  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
in  an
Article  without 
infringement  within  its  territory  or  territorial  sea  of  the
laws  and  regulations  referred  to  in  that  Article.

its  approval  would  result 

Article  304

Responsibility  and  liability  for  damage

provisions 

this  Convention 

of 
regarding
The 
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, 
their  respective 

in
instruments  of
accordance  with 
the  matters
association,  have  competence  over 
governed  by 
the
this  Convention, 
competence  to  enter  into  treaties  in  respect  of  those
matters;

including 

(e)  all 

full 

enjoy 

territories  which 

internal
self-government,  recognised  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 
the
this  Convention, 
competence  to  enter  into  treaties  in  respect  of  those
matters;

including 

(f)  international organisations, 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(1)(b),  (c),  (d)
and  (e),  and  to  formal  confirmation,  in  accordance  with
Annex  IX,  by  the  entities  referred  to  in  Article  305(1)(f).
formal
ratification  and  of 
The 
the
deposited 
be 
shall 
confirmation 
Secretary-General  of  the  United  Nations.

instruments  of 

with 

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(1)(f)
shall  be  in  accordance  with  Annex  IX.  The  instruments
of accession shall be deposited with the Secretary-General
of  the  United  Nations.

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Article  308

Entry  into  force

1. This  Convention  shall  enter  into  force  12  months
after  the  date  of  deposit  of  the  60th  instrument  of
ratification  or  accession.

2. For  each  State  ratifying  or  acceding 
this
Convention  after  the  deposit  of  the  60th  instrument  of
ratification  or  accession,  the  Convention  shall  enter  into
force  on  the  30th  day  following  the  deposit  of  its
instrument  of  ratification  or  accession,  subject 
to
paragraph  1.

to 

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 
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.

II  of 

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  harmonisation  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

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.

to  a  provision,  derogation 

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 
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.

from  which 

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 
the
modification  or  suspension  for  which  it  provides.

the  agreement  and  of 

to  conclude 

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

to 

addressed 

communication 

1. After the expiry of a period of 10 years from the date
of entry into force of this Convention, a State Party may,
the
by  written 
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.

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

2. The  decision-making  procedure  applicable  at  the
amendment  conference  shall  be  the  same  as  that

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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.

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

the  system  of  exploration 

Article  313

Signature,  ratification  of,  accession  to  and  authentic
texts  of  amendments

Article  315

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 
conference.  The
Secretary-General shall circulate the communication to all
States  Parties.

convening 

a 

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.

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  30th
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
30th  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 

the  unamended
Convention  in  relation  to  any  State  Party  not  bound
by  the  amendment.

to 

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

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deposit  of  instruments  of  ratification  or  accession  by
three  fourths  of  the  States  Parties.

In  addition  to  his  functions  as  depository,  the

2.
Secretary-General shall:

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.

(a)  report  to  all  States  Parties,  the  Authority  and
competent  international  organisations  on  issues  of  a
general  nature  that  have  arisen  with  respect  to  this
Convention;

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.

the 

from 

financial  and 

2. A  State  shall  not  be  discharged  by  reason  of  the
contractual
denunciation 
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.

(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(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.

Article  318

Status  of  Annexes

(b) The  Secretary-General  shall  also 

invite  those
observers  to  participate  as  observers  at  meetings
of  States  Parties  referred  to  in  paragraph  2(e).

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.

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(2),  be
deposited  with  the  Secretary-General  of  the  United
Nations.

In witness whereof, the undersigned plenipotentiaries being duly authorised thereto, have signed
this  Convention.

Done  at  Montego  Bay,  this  tenth  day  of  December,  one  thousand  nine  hundred  and
eighty-two.

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ANNEXES

ANNEX  I

HIGHLY  MIGRATORY  SPECIES

1.  Albacore tuna:

2.  Bluefin  tuna:

3.  Bigeye tuna:

4.  Skipjack tuna:

5.  Yellowfin  tuna:

6.  Blackfin  tuna:

7.  Little  tuna:

Thunnus alalunga

Thunnus  thynnus

Thunnus  obesus

Katsuwonus  pelamis

Thunnus albacares

Thunnus  atlanticus

Euthynnus  alletteratus;  Euthynnus  affinis

8.  Southern  bluefin  tuna:

Thunnus  maccoyii

9.  Frigate mackerel:

Auxis  thazard;  Auxis  rochei

10.  Pomfrets:

11.  Marlins:

12.  Sail-fishes:

13.  Swordfish:

14.  Sauries:

15.  Dolphin:

16.  Oceanic  sharks:

17.  Cetaceans:

family  Bramidae

Tetrapturus  angustirostris;  Tetrapturus  belone;  Tetrapturus
pfluegeri;  Tetrapturus  albidus;  Tetrapturus  audax;  Tetrapturus
georgei;  Makaira  mazara;  Makaira  indica;  Makaira  nigricans

Istiophorus  platypterus;  Istiophorus  albicans

Xiphias gladius

Scomberesox  saurus;  Cololabis  saira;  Cololabis  adocetus;
Scomberesox  saurus  scombroides

Coryphaena  hippurus;  Coryphaena  equiselis

Hexanchus  griseus;  Cetorhinus  maximus;  family  Alopiidae;
Rhincodon  typus;  family  Carcharhinidae;  family  Sphyrnidae;
family  Isurida

family  Physeteridae;  family  Balaenopteridae;  family  Balaenidae;
family  Eschrichtiidae;  family  Monodontiade;  family  Ziphiidae;
family  Delphinidae.

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ANNEX  II

COMMISSION  ON  THE  LIMITS  OF  THE  CONTINENTAL  SHELF

Article  1

In accordance with the provision 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(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  cooperate,  to  the  extent  considered
necessary and useful, with the Intergovernmental Oceanographic
Commission  of  Unesco, 
International  Hydrographic
the 
Organisation  and  other  competent  international  organisations
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
sub-commission  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(8),  and  in
accordance  with  the  appropriate  nation  procedures.

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Article  8

Article  9

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

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

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BASIC  CONDITIONS  OF  PROSPECTING,  EXPLORATION  AND  EXPLOITATION

ANNEX  III

Article  1

Title  to  minerals

Title  to  minerals  shall  pass  on  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  cooperation 
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.

the 

in 

(c)  Prospecting  may  be  conducted  simultaneously  by  more

than  one  prospector  in  the  same  area  or  areas.

(b) provide  for  control  by  the  Authority  of  activities  in  the  area

in  accordance  with  Article  153(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. On 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(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. 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.

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.

Article  3

Exploration  and  exploitation

1. The  enterprise,  States  Parties,  and  the  other  entities  referred
to  in  Article  153(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(3) and
approved  by  the  Authority  in  accordance  with  this  Convention
and  the  relevant  rules,  regulations  and  procedures  of  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
The  criteria  and  procedures 
sponsorship  requirements  shall  be  set  forth 
in  the  rules,
regulations  and  procedures  of  the  Authority.

implementation  of 

for 

4. The sponsoring State or States shall, pursuant to Article 139,
have the responsibility to ensure, within their legal system, that a
contractor  so  sponsored  shall  carry  out  activities  in  the  Area  in
conformity  with  the  terms  of  its  contract  and  its  obligations
under the 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.

4. Every  approved  plan  of  work  shall:

(a)  be  in  conformity  with  this  Convention  and  the  rules,

regulations  and  procedures  of  the  Authority;

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

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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

authorised  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 
the
characteristics  of  such  technology  and  information  as  to  where
such  technology  is  available.

relevant  non-proprietary 

information 

about 

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

information  made  available  pursuant 

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, on 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,  on  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.

If  the  enterprise  is  unable  to  obtain  on  fair  and  reasonable
5.
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

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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
specialised  equipment  and 
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.

technical  know-how, 

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 non-discriminatory
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
to  Article

the  Authority  pursuant 

is  disapproved  by 
162(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 % 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 %  of  the  total  sea-bed  area  which
is  not  reserved  or  disapproved  for  exploitation  pursuant
to  Article  162(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(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  monopolise  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(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  non-discriminatory  basis.

Article  7

Selection  among  applicants  for  production  authorisations

for  production 

applications 
the 

1. Six months after the entry into force of this Convention, and
thereafter  each  fourth  month,  the  Authority  shall  take  up  for
authorisations
consideration 
submitted  during 
immediately  preceding  period.  The
Authority  shall  issue  the  authorisations  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  authorisations  because  of  the  production  limitation
set forth in Article 151(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(1),
the  Authority  shall  make  the  selection  on  the  basis  of

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objective  and  non-discriminatory  standards  set  forth  in  its  rules,
regulations  and  procedures.

Article  9

Activities  in  reserved  areas

In  the  application  of  paragraph  2,  the  Authority  shall  give

3.
priority  to  those  applicants  which:

(a)  give  better  assurance  of  performance,  taking  into  account
their 
their
performance,  if  any,  under  previously  approved  plans  of
work;

technical  qualifications  and 

financial  and 

(b) provide earlier prospective financial benefits to the Authority,
is

into  account  when  commercial  production 

taking 
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
authorisation.

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  monopolisation  of  those
activities.

6. Whenever  fewer  reserved  areas  than  non-reserved  areas  are
under  exploitation,  applications  for  production  authorisations
with  respect  to  reserved  areas  shall  have  priority.

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(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 another 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.

7. The  decisions  referred  to  in  this  Article  shall  be  taken  as
soon  as  possible  after  the  close  of  each  period.

Article  10

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.

Preference  and  priority  among  applicants

An operator who has an approved plan of work for exploration
only,  as  provided  in  Article  3(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.

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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.

by  the  Authority  in  processing  an  application  is  less  than  the
fixed  amount,  the  Authority  shall  refund  the  difference  to  the
applicant.

Article  12

Activities  carried  out  by  the  enterprise

1. Activities  in  the  area  carried  out  by  the  enterprise  pursuant
to  Article  153(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

In adopting rules, regulations and procedures concerning the
1.
financial  terms  of  a  contract  between  the  Authority  and  the
entities  referred  to  in  Article  153(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(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  subsidised
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  USD  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

3. A contractor shall pay an annual fixed fee of USD 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  authorisation,  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  to  10  of  commercial  production:  5 %;

(ii) years  11  to  the  end  of  commercial  production:

12 %.

(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.

If a contractor chooses to make his financial contribution to
6.
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 %;

(ii) second  period  of  commercial  production:  4 %.

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 % as a result of the payment of the production charge at
4 %,  the  production  charge  shall  be  2 %  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.

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(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
following

in  accordance  with 

the 

be  determined 
incremental schedule:

Share  of  the  Authority

Portion  of  attributable
net  proceeds

First  period  of
commercial
production

Second  period
of  commercial
production

That  portion
representing  a  return
on  investment  which  is
greater  than  0  %,  but
less  than  10  %

That  portion
representing  a  return
on  investment  which  is
10  %  or  greater,  but
less  than  20  %

That  portion
representing  a  return
on  investment  which  is
20  %  or  greater

35  %

40  %

42,5  %

50  %

50  %

70  %

(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  which  the  contractor’s
in  the  accounting  year 
development  costs  with  interest  on  the  unrecovered
portion thereof are fully recovered by his cash surplus, as
follows:

shall 

costs 

In  the  first  accounting  year  during  which  development
costs  are  incurred,  unrecovered  development  costs  shall
equal the development costs less cash surplus in the year.
subsequent  accounting  year,  unrecovered
In  each 
development 
the  unrecovered
equal 
development costs at the end of the preceding accounting
year, plus interest thereon at the rate of 10 % 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
the
the  accounting  year 
time  shall  be 
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).

in  which 

(ii) The  second  period  of  commercial  production  shall
commence 
the
the  accounting  year 
termination  of  the  first  period  of  commercial  production
and  shall  continue  until  the  end  of  the  contract.

following 

in 

the  contractor’s  net  proceeds.  Subject 

ment  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 %  of 
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 %  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 

in  mining, 

the  contractor  engages 

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
including,
generally  recognised  accounting  principles, 
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)  incurred
subsequent 
the  commencement  of  commercial
production  and  necessary  to  carry  out  the  plan  of  work,
except  those  chargeable  to  operating  costs.

to 

(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.

(e)  ‘Attributable  net  proceeds’  means  the  product  of  the
contractor’s  net  proceeds  and  the  ratio  of  the  develop-

(j)  The  contractor’s  development  costs  incurred  prior  to  the
commencement  of  commercial  production  referred  to  in

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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
recognised  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, 
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.

interest,  utilities,  preservation  of 

(l)  If 

in  mining, 

the  contractor  engages 

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  recognised  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 
subparagraph  (f);

in

(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 
recognised  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  recognised  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
include  expenditures  on  new  or  replacement
shall 
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(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 
in  respect  of  the
levied  by  States 
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 
length
transactions.

representative  arm’s 

traded 

in 

(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  recognised  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
contractor, as though they were the result of free market

the  Authority,  after  consulting 

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or arm’s length transactions, taking into account relevant
transactions  in  other  markets.

for,  and 

the  principles  adopted 

(b) In  order  to  ensure  compliance  with  and  enforcement  of
the  provisions  of  this  paragraph,  the  Authority  shall  be
guided  by 
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
in 
international  organisations,  and  shall, 
its  rules,
specify  uniform  and
regulations  and  procedures, 
internationally 
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.

accounting 

acceptable 

rules 

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  recognised  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.

taking 

14. The  Authority  may, 
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.

account 

into 

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(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(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(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(2)(f)
(ii),  and  Article  162(2)(o)(ii)  for  the  exercise  of  its  functions  as
set  forth  in  Part  XI  on,  inter  alia,  the  following  matters:

(a)  administrative 

relating 
exploration  and  exploitation  in  the  area;

procedures 

to 

prospecting,

(b) operations:

(i) 

size  of  area;

(ii) 

duration  of  operations;

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(iii)  performance 

including 
pursuant  to  Article  4(6)(c)  of  this  Annex;

requirements 

assurances

(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, 

those
relating  to  operational  safety,  conservation  of  the
resources  and 
the  marine
environment;

the  protection  of 

including 

(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(10)  and  Article  164(2)(d).

2. Rules,  regulations  and  procedures  on  the  following  items
shall  fully  reflect  the  objective  criteria  set  out  below:

sufficient  duration 

life  of  the  mining  project,  taking 

(iii)  the  duration  of  exploitation  should  be  related  to  the
economic 
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 
to  permit  commercial
extraction  of  minerals  of  the  area  and  should  include  a
reasonable 
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.

construction 

period 

time 

for 

(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.

(a)  Size  of  areas

(d) Categories  of  resources

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;

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.

(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-sized
processing  plants  for  the  purpose  of  testing  mining  and
processing  systems;

(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.

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(f)  Protection  of  the  marine  environment

objectives  set  out  in  the  contract  or  in  Part  XI,  the  parties  shall
enter  into  negotiations  to  revise  it  accordingly.

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  1(a),  the  Authority  may  impose  on  the  contractor
monetary  penalties  proportionate  to  the  seriousness  of  the
violation.

3. Except  for  emergency  orders  under  Article  162(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

2. Any  contract  entered  into  in  accordance  with  Article  153(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(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(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(2),  account  being 
taken  of
contributory  acts  or  omissions  by  the  contractor.  Liability  in
every  case  shall  be  for  the  actual  amount  of  damage.

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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(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

to  Article  170, 

1. Pursuant 
in
accordance  with  the  general  policies  of  the  Assembly  and  the
directives  of  the  Council.

the  enterprise  shall  act 

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(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.

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  re-elected;  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(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 
the
fixed  by 
recommendation  of  the  Council.

the  Assembly,  on 

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  5

Governing  board

Article  6

Powers  and  functions  of  the  Governing  board

1. The  Governing  board  shall  be  composed  of  15  members
elected  by  the  Assembly  in  accordance  with  Article  160(2)(c).

The  Governing  board  shall  direct  the  operations  of  the
enterprise.  Subject  to  this  Convention,  the  Governing  board

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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(3)  and  Article
162(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  authorisations  in  accordance  with  Article  151(2)
to  (7);

(f)  to  authorise  negotiations  concerning  the  acquisition  of
technology, including those provided for in Annex III, Article
5(3)(a),  (c)  and  (d),  and  to  approve  the  results  of  those
negotiations;

(g)  to  establish 

to  authorise
terms  and  conditions,  and 
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(2)(f),  and  Article  10  of  this
Annex;

(i)  to  approve  the  annual  budget  of  the  enterprise;

(j)  to  authorise  the  procurement  of  goods  and  services  in

accordance  with  Article  12(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  organisation,  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(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.

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  organisation,  management,
appointment  and  dismissal  of  the  staff  of  the  enterprise  in
accordance  with  the  rules  and  regulations  referred  to  in  Article
6(1),  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.

in 

3. The  paramount  consideration 
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.

In  the  performance  of  their  duties  the  Director-General  and
4.
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(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.

Article  7

3. All reports and financial statements referred to in this Article
shall  be  distributed  to  the  members  of  the  Authority.

Director-General  and  staff  of  the  enterprise

the  nomination  of 

1. The  Assembly  shall,  on  the  recommendation  of  the  Council
the
and 
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.

the  Governing  board,  elect 

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.

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2. The  Assembly  shall,  on 
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.

the  recommendation  of 

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.

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.

Article  11

Finances

1. The  funds  of  the  enterprise  shall  include:

(a)  amounts  received  from  the  Authority  in  accordance  with

Article  173(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  on  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
the  Preparatory
adjustment,  shall  be 
Commission 
regulations  and
procedures  of  the  Authority.

included  by 
rules, 

the  draft 

in 

(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

(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
later,  deposit  with  the
accession,  whichever 
enterprise 
non-
interest-bearing  promissory  notes  in  the  amount  of
the  share  of  such  State  Party  of  interest-free  loans
pursuant  to  subparagraph  (b).

is 
irrevocable, 

non-negotiable, 

(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
its
schedule  of  the  magnitude  and  timing  of 
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,  on  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
those
provide  debt  guarantees 
provided  in  accordance  with  the  scale  referred  to  in
subparagraph  (b).

in  addition 

to 

(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,  on  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,
in
regulations  and  procedures  of 

the  Authority 

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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
the  payment  of 
enterprise.  Procedures 
those
for 
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(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. On  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 
the
land-locked  and  geographically  disadvantaged  among
them.

in  developing  States, 

including 

(c)  The  Governing  board  may  adopt  rules  determining  the
in  which  the  requirement  of

special  circumstances 

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
including  agreements  with  States  and

arrangements, 
international organisations;

(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.

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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
moratoriums  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
their
entities  conducting  commercial  activities 
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
in  similar  commercial  activities.  If  special
engaged 

in 

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  on
such  conditions  as  it  may  determine.

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ANNEX  V

CONCILIATION

S e c t i o n   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  the  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 
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);

that  period,  either 

terminate 

(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 of 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 
shall  apply
the  parties 
subparagraphs  (a)  to  (f)  in  so  far  as  possible.

interest, 

same 

the 

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.

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Article  7

Report

S e c t i o n   2

COMPULSORY 

SUBMISSION 

TO 

CONCILIATION

PROCEDURE  PURSUANT  TO  SECTION  3  OF  PART  XV

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
the
settlement.  The 
Secretary-General  of  the  United  Nations  and  shall  immediately
be  transmitted  by  him  to  the  parties  to  the  dispute.

shall  be  deposited  with 

report 

2. The  report  of  the  Commission,  including  its  conclusions  or
recommendations,  shall  not  be  binding  on  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  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  9

Fees  and  expenses

Article  13

Competence

The  fees  and  expenses  of  the  Commission  shall  be  borne  by  the
parties  to  the  dispute.

A disagreement as to whether a Conciliation Commission acting
under  this  section  has  competence  shall  be  decided  by  the
Commission.

Article  10

Right  of  parties  to  modify  procedure

Article  14

Application  of  Section  1

The parties to the dispute may by agreement applicable solely to
that  dispute  modify  any  provision  of  this  Annex.

Articles 2 to 10 of Section 1 of this Annex apply subject to this
section.

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STATUTE  OF  THE  INTERNATIONAL  TRIBUNAL  FOR  THE  LAW  OF  THE  SEA

ANNEX  VI

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.

S e c t i o n   1

ORGANISATION  OF  THE  TRIBUNAL

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 
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.

list 

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  2

Composition

Article  5

Term  of  office

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

fairness  and 

for 

In the Tribunal as a whole the representation of the principal
the  world  and  equitable  geographical

2.
legal  systems  of 
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.

1. The  members  of  the  Tribunal  shall  be  elected  for  nine  years
and  may  be  re-elected;  provided,  however,  for  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  abovementioned  initial  periods  of  three  and  six
years 
the
Secretary-General  of  the  United  Nations  immediately  after  the
first  election.

shall  be  chosen  by 

to  be  drawn  by 

lot 

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

Article  4

Nominations  and  elections

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

1. 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.

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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  12

President,  Vice-President  and  Registrar

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.

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

If the President considers that for some special reason one of
3.
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.

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.

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

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

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.

elected  members  of 

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

the  Tribunal, 

shall 

Article  16

Rules  of  the  Tribunal

5. The 
shall  be
salaries,  allowances  and  compensation 
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.

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

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

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  on  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 on
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.

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.

S e c t i o n   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.

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Article  22

Reference  of  disputes  subject  to  other  agreements

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

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  27

Conduct  of  case

Article  23

Applicable law

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.

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

Article  28

Default

S e c t i o n   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.

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  25

Provisional measures

Article  30

Judgment

1.
In accordance with Article 290, the Tribunal and its Sea-bed
Disputes  Chamber  shall  have  the  power  to  prescribe  provisional
measures.

It  shall  contain  the  names  of  the  members  of  the  Tribunal

2.
who  have  taken  part  in  the  decision.

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

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
this  Annex.
procedure 
Notwithstanding  Article  15(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.

formed  under  Article  15(3)  of 

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  26

Hearing

Article  31

Request  to  intervene

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

1. 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.

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2.

It  shall  be  for  the  Tribunal  to  decide  on  this  request.

3.
If  a  request  to  intervene  is  granted,  the  decision  of  the
Tribunal  in  respect  of  the  dispute  shall  be  binding  on  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

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.

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

interpretation  or  application  of 

the 

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 
its  original
composition.

the  proceedings 

in 

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  on
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  on  the  request  of  any
party.

Article  34

Costs

If a vacancy occurs in the Chamber, the Tribunal shall select
6.
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(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.

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

Article  37

Access

S e c t i o n   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.

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.

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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.

S e c t i o n   5

AMENDMENTS

Article  41

Amendments

Article  40

Applicability  of  other  sections  of  this  Annex

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.

1. The other sections of this Annex which are not incompatible
with  this  section  apply  to  the  Chamber.

2. Amendments  to  Section  4  may  be  adopted  only 
accordance  with  Article  314.

in

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  recognises  them  to  be  applicable.

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.

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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.

If  at  any  time  the  arbitrators  nominated  by  a  State  Party  in
2.
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  the  arbitral  tribunal

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;

For  the  purpose  of  proceedings  under  this  Annex,  the  arbitral
tribunal  shall,  unless  the  parties  otherwise  agree,  be  constituted
as  follows:

(h) in disputes involving more than two parties, the provisions of
subparagraphs  (a)  to  (f)  shall  apply  to  the  maximum  extent
possible.

(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 
in  accordance  with
subparagraph  (e);

the  appointment  be  made 

Article  4

Functions  of  the  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

(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

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.

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Article  6

Duties  of  parties  to  a  dispute

Article  10

Award

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.

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

the 

regards 

1. Any  controversy  which  may  arise  between  the  parties  to  the
dispute  as 
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.

Article  9

Default  of  appearance

2. Any  such  controversy  may  be  submitted  to  another  court  or
tribunal under Article 287 by agreement of all the parties to the
dispute.

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  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.

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ANNEX  VIII

SPECIAL  ARBITRATION

Article  1

(a)  subject to subparagraph (g), the special arbitral tribunal shall

Institution  of  proceedings

consist  of  five  members;

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 Organisation of the
United  Nations,  in  the  field  of  protection  and  preservation  of
the  marine  environment  by  the  United  Nations  Environment
Programme,  in  the  field  of  marine  scientific  research  by  the
Intergovernmental  Oceanographic  Commission,  in  the  field  of
navigation, including pollution from vessels and by dumping, by
the  International  Maritime  Organisation,  or  in  each  case  by  the
such
appropriate 
organisation,  programme  or  commission  has  delegated  this
function.

subsidiary  body  concerned 

to  which 

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  recognised  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.

(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 
the
proceedings may, within two weeks of the expiration of that
period, request that the appointments be made in accordance
with  subparagraph  (e);

that  period, 

the  party 

instituting 

(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 organisation. 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  3

Constitution  of  the  special  arbitral  tribunal

Article  4

General provisions

For  the  purpose  of  proceedings  under  this  Annex,  the  special
arbitral  tribunal  shall,  unless  the  parties  otherwise  agree,  be
constituted  as  follows:

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

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Article  5

Fact  finding

(2)  protection  and  preservation  of 

1. The  parties  to  a  dispute  concerning  the  interpretation  or
application  of  the  provisions  of  this  Convention  relating  to  (1)
fisheries, 
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.

If all the parties to the dispute so request, the special arbitral
3.
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.

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ANNEX  IX

PARTICIPATION  BY  INTERNATIONAL  ORGANISATIONS

Article  1

Use  of  terms

For the purposes of Article 305 and of this Annex, ‘international
organisation’  means 
organisation
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.

intergovernmental 

an 

Article  2

Signature

An  international  organisation  may  sign  this  Convention  if  a
majority of its member States are signatories of this Convention.
At the time of signature an international organisation shall make
a declaration specifying the matters governed by this Convention
in  respect  of  which  competence  has  been  transferred  to  that
organisation by its member States which are signatories, and the
nature  and  extent  of  that  competence.

Article  3

Formal  confirmation  and  accession

1. An  international  organisation  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  organisation
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 organisation 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  organisation  shall  be  a  Party  to  this
Convention  to  the  extent  that  it  has  competence  in  accordance
information  or
with  the  declarations,  communications  of 
notifications  referred  to  in  Article  5  of  this  Annex.

3. Such  an  international  organisation  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
organisation  shall  not  exercise  competence  which  they  have
transferred  to  it.

4. Participation  of  such  an  international  organisation  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  organisation  shall  in
no  case  confer  any  rights  under  this  Convention  on  member
States  of  the  organisation  which  are  not  States  Parties  to  this
Convention.

In  the  event  of  a  conflict  between  the  obligations  of  an
6.
international  organisation  under 
its
obligations under the agreement establishing the organisation or
any  acts  relating  to  it,  the  obligations  under  this  Convention
shall prevail.

this  Convention  and 

Article  5

Declarations,  notifications  and  communications

1. The instrument of formal confirmation or of accession of an
international  organisation  shall  contain  a  declaration  specifying
the  matters  governed  by  this  Convention  in  respect  of  which
competence  has  been  transferred  to  the  organisation  by  its
member  States  which  are  Parties  to  this  Convention.

2. A member State of an international organisation shall, at the
time it ratifies or accedes to this Convention or at the time when
the  organisation  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  organisation.

3. States  Parties  which  are  member  States  of  an  international
organisation  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
organisation  have  not  been  specifically  declared,  notified  or
communicated  by  those  States  under  this  Article.

4. The  international  organisation  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 
the
declarations  under  paragraphs  1  and  2.

transfers  of  competence,  specified 

in 

5. Any  State  Party  may  request  an  international  organisation
and  its  member  States  which  are  States  Parties  to  provide
information  as  to  which,  as  between  the  organisation  and  its
member  States,  has  competence  in  respect  of  any  specific
question  which  has  arisen.  The  organisation  and  the  member
States  concerned  shall  provide  this 
information  within  a
reasonable time. The international organisation and the member
States  may  also,  on 
this
their  own 
information.

initiative,  provide 

6. Declarations, 
of
information under this Article shall specify the nature and extent
of  the  competence  transferred.

communications 

notifications 

and 

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Article  6

Responsibility  and  liability

have  accepted  arbitration  in  accordance  with  Annex  VII,  unless
the  parties  to  the  dispute  otherwise  agree.

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 organisation or
its  member  States  which  are  States  Parties  for  information  as  to
who  has  responsibility  in  respect  of  any  specific  matter.  The
organisation 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

its 

1. At  the  time  of  deposit  of 
instrument  of  formal
confirmation  or  of  accession,  or  at  any  time  thereafter,  an
international organisation 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(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 organisations.

3. When  an  international  organisation  and  one  or  more  of  its
member  States  are  joint  parties  to  a  dispute,  or  parties  in  the
same interest, the organisation 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
organisation and the member State concerned shall be deemed to

Article  8

Applicability  of  Part  XVII

Part  XVII  applies  mutatis  mutandis 
organisation,  except  in  respect  of  the  following:

to  an 

international

(a)  the  instrument  of  formal  confirmation  or  of  accession  of  an
international  organisation  shall  not  be  taken  into  account  in
the  application  of  Article  308(1);

(b) (i)  an 

international  organisation  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  organisation  to  an  amendment,  the
entire  subject-matter  over  which 
international
organisation  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(1),  (2)  and  (3);

the 

(iii)  the instrument of formal confirmation or of accession of
the  international  organisation  shall  not  be  taken  into
account  in  the  application  of  Article  316(1)  and  (2),
with  regard  to  all  other  amendments;

(c)  (i)  an  international  organisation  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 

this
international  organisation  shall  denounce 
Convention  when  none  of  its  member  States  is  a  State
Party  or  if  the  international  organisation  no  longer
fulfils  the  qualifications  specified  in  Article  1  of  this
Annex. 
effect
immediately.

denunciation 

Such 

shall 

take 

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relating to the implementation of Part XI of the United Nations Convention on the Law of the
Sea  of  10  December  1982

AGREEMENT

THE  STATES  PARTIES  TO  THIS  AGREEMENT,

RECOGNISING the important contribution of the United Nations Convention on the Law of the Sea of 10
December  1982  (hereinafter  referred  to  as  ‘the  Convention’)  to  the  maintenance  of  peace,  justice  and
progress  for  all  peoples  of  the  world,

REAFFIRMING  that  the  seabed  and  ocean  floor  and  subsoil  thereof,  beyond  the  limits  of  national
jurisdiction (hereinafter referred to as ‘the area’), as well the resources of the area, are the common heritage
of  mankind,

MINDFUL  of  the  importance  of  the  Convention  for  the  protection  and  preservation  of  the  marine
environment  and  of  the  growing  concern  for  the  global  environment,

HAVING  CONSIDERED  the  report  of  the  Secretary-General  of  the  United  Nations  on  the  results  of  the
informal consultations among States held from 1990 to 1994 on outstanding issues relating to Part XI and
related  provisions  of  the  Convention  (hereinafter  referred  to  as  ‘Part  XI’),

NOTING  the  political  and  economic  changes,  including  market-oriented  approaches,  affecting  the
implementation  of  Part  XI,

WISHING  to  facilitate  universal  participation  in  the  Convention,

CONSIDERING  that  an  agreement  relating  to  the  implementation  of  Part  XI  would  best  meet  that
objective,

HAVE  AGREED  as  follows:

Article  1

Implementation  of  Part  XI

1. The  States  Parties  to  this  Agreement  undertake  to
implement  Part  XI  in  accordance  with  this  Agreement.

2. The  Annex 
Agreement.

forms  an 

integral  part  of 

this

Article  2

Relationship  between  this  Agreement  and  Part  XI

2. Articles  309  to  319  of  the  Convention  shall  apply  to
this  Agreement  as  they  apply  to  the  Convention.

Article  3

Signature

This Agreement shall remain open for signature at United
Nations  Headquarters  by  the  States  and  entities  referred
to  in  Article  305(1)(a),  (c),  (d),  (e)  and  (f)  of  the
Convention  for  12  months  from  the  date  of 
its
adoption.

Article  4

Consent  to  be  bound

1. The provisions of this Agreement and Part XI shall be
interpreted and applied together as a single instrument. In
the  event  of  any  inconsistency  between  this  Agreement
and  Part  XI,  the  provisions  of  this  Agreement  shall
prevail.

1. After the adoption of this Agreement, any instrument
of  ratification  or  formal  confirmation  of  or  accession  to
the  Convention  shall  also  represent  consent  to  be  bound
by  this  Agreement.

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2. No  State  or  entity  may  establish  its  consent  to  be
bound  by  this  Agreement  unless 
it  has  previously
established  or  establishes  at  the  same  time  its  consent  to
be  bound  by  the  Convention.

3. A  State  or  entity  referred  to  in  Article  3  may  express
its  consent  to  be  bound  by  this  Agreement  by:

(a)  signature  not 

subject 

to 

ratification, 

formal

confirmation  or  the  procedure  set  out  in  Article  5;

(b) signature 

subject 

formal
confirmation,  followed  by  ratification  or  formal
confirmation;

ratification 

or 

to 

(c)  signature subject to the procedure set out in Article 5;

or

(d) accession.

4. Formal  confirmation  by  the  entities  referred  to  in
Article 305(1)(f) of the Convention shall be in accordance
with  Annex  IX  of  the  Convention.

5. The  instruments  of  ratification,  formal  confirmation
or accession shall be deposited with the Secretary-General
of  the  United  Nations.

Article  5

Simplified  procedure

this  Agreement  an 

1. A State or entity which has deposited before the date
of  adoption  of 
instrument  of
ratification or formal confirmation of or accession to the
Convention  and  which  has  signed  this  Agreement  in
accordance  with  Article  4(3)(c)  shall  be  considered  to
have  established 
its  consent  to  be  bound  by  this
Agreement  12  months  after  the  date  of  its  adoption,
unless  that  State  or  entity  notifies  the  depository  in
writing before that date that it is not availing itself of the
simplified  procedure  set  out  in  this  article.

2.
In the event of such notification, consent to be bound
by this Agreement shall be established in accordance with
Article  4(3)(b).

Article  6

Entry  into  force

1. This  Agreement  shall  enter  into  force  30  days  after
the  date  on  which  40  States  have  established  their
consent to be bound in accordance with Articles 4 and 5,
provided  that  such  States  include  at  least  seven  of  the

States  referred  to  in  paragraph  1(a)  of  Resolution  II  of
the  Third  United  Nations  Conference  on  the  Law  of  the
Sea (hereinafter referred to as ‘Resolution II’) and that at
least  five  of  those  States  are  developed  States.  If  these
conditions  for  entry  into  force  are  fulfilled  before  16
November 1994, this Agreement shall enter into force on
16  November  1994.

2. For  each  State  or  entity  establishing  its  consent  to  be
bound  by  this  Agreement  after  the  requirements  set  out
in  paragraph  1  have  been  fulfilled,  this  Agreement  shall
enter  into  force  on  the  30th  day  following  the  date  of
establishment  of  its  consent  to  be  bound.

Article  7

Provisional application

1.
If,  on  16  November  1994,  this  Agreement  has  not
entered  into  force,  it  shall  be  applied  provisionally
pending  its  entry  into  force  by:

(a)  States  which  have  consented  to  its  adoption  in  the
General  Assembly  of  the  United  Nations,  except  any
such  State  which  before  16  November  1994  notifies
the  depositary  in  writing  either  that  it  will  not  so
apply  this  Agreement  or  that  it  will  consent  to  such
application  only  on 
signature  or
notification  in  writing;

subsequent 

(b) States  and  entities  which  sign  this  Agreement,  except
any  such  State  or  entity  which  notifies  the  depositary
in  writing  at  the  time  of  signature  that  it  will  not  so
apply  this  Agreement;

(c)  States  and  entities  which  consent  to  its  provisional
application  by  so  notifying  the  depositary  in  writing;

(d) States  which  accede  to  this  Agreement.

2. All such States and entities shall apply this Agreement
provisionally in accordance with their national or internal
laws  and  regulations,  with  effect  from  16  November
1994  or  the  date  of  signature,  notification  of  consent  or
accession,  if  later.

3. Provisional  application  shall  terminate  on  the  date  of
entry 
into  force  of  this  Agreement.  In  any  event,
provisional  application  shall  terminate  on  16  November
1998  if  at  that  date  the  requirement  in  Article  6(1)  of
consent  to  be  bound  by  this  Agreement  by  at  least  seven
of  the  States  (of  which  at  least  five  must  be  developed
States)  referred  to  in  paragraph  1(a)  of  Resolution  II  has
not  been  fulfilled.

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Article  8

States  Parties

Article  9

Depositary

1. For  the  purposes  of  this  Agreement  ‘States  Parties’
means  States  which  have  consented  to  be  bound  by  this
Agreement  and  for  which  this  Agreement  is  in  force.

The  Secretary-General  of  the  United  Nations  shall  be  the
depositary  of  this  Agreement.

Article  10

Authentic  texts

2. This  Agreement  applies  mutatis  mutandis  to  the
entities  referred  to  in  Article  305(1)(c),  (d),  (e)  and  (f)  of
the  Convention  which  become  parties  to  this  Agreement
in  accordance  with  the  conditions  relevant  to  each,  and
to  that  extent  ‘States  Parties’  refers  to  those  entities.

The  original  of  this  Agreement,  of  which  the  Arabic,
Chinese,  English,  French,  Russian  and  Spanish  texts  are
equally  authentic, 
the
Secretary-General  of  the  United  Nations.

shall  be  deposited  with 

In  witness  whereof,  the  undersigned  plenipotentiaries,  being  duly  authorised  thereto,  have
signed  this  Agreement.

Done  at  New  York,  this  twenty-eighth  day  of  July,  one  thousand  nine  hundred  and
ninety-four.

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ANNEX

SECTION  1

Costs  to  States  Parties  and  institutional  arrangements

1. The  International  Sea-bed  Authority  (hereinafter  referred  to  as  ‘the  Authority’)  is  the  organisation
through which States Parties to the Convention shall, in accordance with the regime for the area established
in  Part  XI  and  this  Agreement,  organise  and  control  activities  in  the  area,  particularly  with  a  view  to
administering the resources of the area. The powers and functions of the Authority shall be those expressly
conferred  on  it  by  the  Convention.  The  Authority  shall  have  such  incidental  powers,  consistent  with  the
Convention, as are implicit in, and necessary for, the exercise of those powers and functions with respect to
activities  in  the  area.

2.
In order to minimise costs to States Parties, all organs and subsidiary bodies to be established under the
Convention  and  this  Agreement  shall  be  cost-effective.  This  principle  shall  also  apply  to  the  frequency,
duration  and  scheduling  of  meetings.

3. The  setting  up  and  the  functioning  of  the  organs  and  subsidiary  bodies  of  the  Authority  shall  be  based
on an evolutionary approach, taking into account the functional needs of the organs and subsidiary bodies
concerned  in  order  that  they  may  discharge  effectively  their  respective  responsibilities  at  various  stages  of
the  development  of  activities  in  the  area.

4. The  early  functions  of  the  Authority  on  entry  into  force  of  the  Convention  shall  be  carried  out  by  the
Assembly,  the  Council,  the  Secretariat,  the  Legal  and  Technical  Commission  and  the  Finance  Committee.
The  functions  of  the  Economic  Planning  Commission  shall  be  performed  by  the  Legal  and  Technical
Commission until such time as the Council decides otherwise or until the approval of the first plan of work
for  exploitation.

5. Between  the  entry  into  force  of  the  Convention  and  the  approval  of  the  first  plan  of  work  for
exploitation,  the  Authority  shall  concentrate  on:

(a)  processing of applications for approval of plans of work for exploration in accordance with Part XI and

this  Agreement;

(b) implementation of decisions of the Preparatory Commission for the International Sea-bed Authority and
for  the  International  Tribunal  for  the  Law  of  the  Sea  (hereinafter  referred  to  as  the  ‘the  Preparatory
Commission’) relating to the registered pioneer investors and their certifying States, including their rights
and  obligations,  in  accordance  with  Article  308(5)  of  the  Convention  and  Resolution  II(13);

(c)  monitoring  of  compliance  with  plans  of  work  for  exploration  approved  in  the  form  of  contracts;

(d) monitoring  and  review  of  trends  and  developments  relating  to  deep  sea-bed  mining  activities,  including

regular  analysis  of  world  metal  market  conditions  and  metal  prices,  trends  and  prospects;

(e)  study  of  the  potential  impact  of  mineral  production  from  the  area  on  the  economies  of  developing
land-based  producers  of  those  minerals  which  are  likely  to  be  most  seriously  affected,  with  a  view  to
minimising  their  difficulties  and  assisting  them  in  their  economic  adjustment,  taking  into  account  the
work  done  in  this  regard  by  the  Preparatory  Commission;

(f)  adoption  of  rules,  regulations  and  procedures  necessary  for  the  conduct  of  activities  in  the  area  as  they
progress. Notwithstanding the provisions of Annex III, Article 17(2)(b) and (c), of the Convention, such
rules,  regulations  and  procedures  shall  take  into  account  the  terms  of  this  Agreement,  the  prolonged
delay  in  commercial  deep  sea-bed  mining  and  the  likely  pace  of  activities  in  the  area;

(g)  adoption of rules, regulations and procedures incorporating applicable standards for the protection and

preservation  of  the  marine  environment;

(h) promotion  and  encouragement  of  the  conduct  of  marine  scientific  research  with  respect  to  activities  in
the  area  and  the  collection  and  dissemination  of  the  results  of  such  research  and  analysis,  when
available,  with  particular  emphasis  on  research  related  to  the  environmental  impact  of  activities  in  the
area;

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(i)  acquisition of scientific knowledge and monitoring of the development of marine technology relevant to
activities  in  the  area,  in  particular  technology  relating  to  the  protection  and  preservation  of  the  marine
environment;

(j)  assessment  of  available  data  relating  to  prospecting  and  exploration;

(k) timely  elaboration  of  rules,  regulations  and  procedures  for  exploitation,  including  those  relating  to  the

protection  and  preservation  of  the  marine  environment.

6.  (a)  An  application  for  approval  of  a  plan  of  work  for  exploration  shall  be  considered  by  the  Council
following  the  receipt  of  a  recommendation  on  the  application  from  the  Legal  and  Technical
Commission.  The  processing  of  an  application  for  approval  of  a  plan  of  work  for  exploration  shall
be  in  accordance  with  the  provisions  of  the  Convention,  including  Annex  III  thereof,  and  this
Agreement,  and  subject  to  the  following:

(i)  a  plan  of  work  for  exploration  submitted  on  behalf  of  a  State  or  entity,  or  any  component  of
such entity, referred to in Resolution II(1)(a)(ii) or (iii), other than a registered pioneer investor,
which  had  already  undertaken  substantial  activities  in  the  area  prior  to  the  entry  into  force  of
the  Convention,  or  its  success  in  interest,  shall  be  considered  to  have  met  the  financial  and
technical  qualifications  necessary  for  approval  of  a  plan  of  work  it  the  sponsoring  State  or
States certify that the applicant has expended an amount equivalent to at least USD 30 million
in research and exploration activities and has expended no less than 10 % of that amount in the
location, survey and evaluation of the area referred to in the plan of work. If the plan of work
otherwise  satisfies  the  requirements  of  the  Convention  and  any  rules,  regulations  and
procedures  adopted  pursuant  thereto,  it  shall  be  approved  by  the  Council  in  the  form  of  a
contract.  The  provisions  of  Section  3(11)  of  this  Annex  shall  be  interpreted  and  applied
accordingly;

(ii)  notwithstanding the provisions of Resolution II(8)(a), a registered pioneer investor may request
approval  of  a  plan  of  work  for  exploration  within  36  months  of  the  entry  into  force  of  the
Convention.  The  plan  of  work  for  exploration  shall  consist  of  documents,  reports  and  other
data  submitted  to  the  Preparatory  Commission  both  before  and  after  registration  and  shall  be
accompanied  by  a  certificate  of  compliance,  consisting  of  a  factual  report  describing  the  status
of  fulfilment  of  obligations  under  the  pioneer  investor  regime  issued  by  the  Preparatory
Commission in accordance with Resolution II(11)(a). Such a plan of work shall be considered to
be  approved.  Such  an  approved  plan  of  work  shall  be  in  the  form  of  a  contract  concluded
between  the  Authority  and  the  registered  pioneer  investor  in  accordance  with  Part  XI  and  this
Agreement. The fee of USD 205 000 paid pursuant to Resolution II(7)(a) shall be deemed to be
the fee relating to the exploration phase pursuant to Section 8(3) of this Annex. Section 3(11) of
this  Annex  shall  be  interpreted  and  applied  accordingly;

(iii)  in accordance with the principle of non-discrimination, a contract with a State or entity or any
component  of  such  entity  referred  to  in  subparagraph  (a)(i)  shall  include  arrangements  which
shall be similar to and no less favourable than those agreed with any registered pioneer investor
referred  to  in  subparagraph  (a)(ii).  If  any  of  the  States  or  entities  or  any  components  of  such
entities  referred  to  in  subparagraph  (a)(i)  are  granted  more  favourable  arrangements,  the
Council  shall  make  similar  and  no  less  favourable  arrangements  with  regard  to  the  rights  and
obligations  assumed  by  the  registered  pioneer  investors  referred  to  in  subparagraph  (a)(ii),
provided  that  such  arrangements  do  not  affect  or  prejudice  the  interests  of  the  Authority;

(iv)  a  State  sponsoring  an  application  for  a  plan  of  work  pursuant  to  the  provisions  of
subparagraph  (a)(i)  or  (ii)  may  be  a  State  Party  or  a  State  which  is  applying  this  Agreement
provisionally in accordance with Article 7, or a State which is a member of the Authority on a
provisional  basis  in  accordance  with  paragraph  12;

(v)  Resolution  II(8)(c)  shall  be  interpreted  and  applied  in  accordance  with  subparagraph  (a)(iv).

(b) The  approval  of  a  plan  of  work  for  exploration  shall  be  in  accordance  with  Article  153(3)  of  the

Convention.

7. An  application  for  approval  of  a  plan  of  work  shall  be  accompanied  by  an  assessment  of  the  potential
environmental  impacts  of  the  proposed  activities  and  by  a  description  of  a  programme  for  oceanographic
and baseline environmental studies in accordance with the rules, regulations and procedures adopted by the
Authority.

8. An application for approval of a plan of work for exploration, subject to paragraph 6(a)(i) or (ii), shall
be  processed  in  accordance  with  the  procedures  set  out  in  Section  3(11)  of  this  Annex.

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9. A plan of work for exploration shall be approved for a period of 15 years. On the expiration of a plan
of work for exploration, the contractor shall apply for a plan of work for exploitation unless the contractor
has  already  done  so  or  has  obtained  an  extension  for  the  plan  of  work  for  exploration.  Contractors  may
apply for such extensions for periods of not more than five years each. Such extensions shall be approved if
the contractor has made efforts in good faith to comply with the requirements of the plan of work but for
reasons  beyond  the  contractor’s  control  has  been  unable  to  complete  the  necessary  preparatory  work  for
proceeding to the exploitation stage or if the prevailing economic circumstances do not justify proceeding to
the  exploitation  stage.

10. Designation  of  a  reserved  area  for  the  Authority  in  accordance  with  Annex  III,  Article  8,  of  the
Convention  shall  take  place  in  connection  with  approval  of  an  application  for  a  plan  of  work  for
exploration  or  approval  of  an  application  for  a  plan  of  work  for  exploration  and  exploitation.

11. Notwithstanding  the  provisions  of  paragraph  9,  an  approved  plan  of  work  for  exploration  which  is
sponsored by at least one State provisionally applying this Agreement shall terminate if such a State ceases
to  apply  this  Agreement  provisionally  and  has  not  become  a  member  on  a  provisional  basis  in  accordance
with  paragraph  12  or  has  not  become  a  State  Party.

12. On the entry into force of this Agreement, States and entities referred to in Article 3 of this Agreement
which have been applying it provisionally in accordance with Article 7 and for which it is not in force may
continue to be members of the Authority on a provisional basis pending its entry into force for such States
and  entities,  in  accordance  with  the  following  subparagraphs:

(a)  if this Agreement enters into force before 16 November 1996, such States and entities shall be entitled to
continue  to  participate  as  members  of  the  Authority  on  a  provisional  basis  on  notification  to  the
depository  of  the  Agreement  by  such  a  State  or  entity  of  its  intention  to  participate  as  a  member  on  a
provisional  basis.  Such  membership  shall  terminate  either  on  16  November  1996  or  on  the  entry  into
force of this Agreement and the Convention for such member, whichever is earlier. The Council may, on
the request of the State or entity concerned, extend such membership beyond 16 November 1996 for a
further  period  or  periods  not  exceeding  a  total  of  two  years  provided  that  the  Council  is  satisfied  that
the State or entity concerned has been making efforts in good faith to become a party to the Agreement
and  the  Convention;

(b) if  this  Agreement  enters  into  force  after  15  November  1996,  such  States  and  entities  may  request  the
Council  to  grant  continued  membership  in  the  Authority  on  a  provisional  basis  for  a  period  or  periods
not  extending  beyond  16  November  1998.  The  Council  shall  grant  such  membership  with  effect  from
the  date  of  the  request  if  it  is  satisfied  that  the  State  or  entity  has  been  making  efforts  in  good  faith  to
become  a  party  to  the  Agreement  and  the  Convention;

(c)  States  and  entities  which  are  members  of  the  Authority  on  a  provisional  basis  in  accordance  with
subparagraph  (a)  or  (b)  shall  apply  the  terms  of  Part  XI  and  this  Agreement  in  accordance  with  their
national  or  internal  laws,  regulations  and  annual  budgetary  appropriations  and  shall  have  the  same
rights  and  obligations  as  other  members,  including:

(i)  the  obligation  to  contribute  to  the  administrative  budget  of  the  Authority  in  accordance  with  the

scale  of  assessed  contributions;

(ii) the  right  to  sponsor  an  application  for  approval  of  a  plan  of  work  for  exploration.  In  the  case  of
entities  whose  components  are  natural  or  juridical  persons  possessing  the  nationality  of  more  than
one  State,  a  plan  of  work  for  exploration  shall  not  be  approved  unless  all  the  States  whose  natural
or  juridical  persons  comprise  those  entities  are  States  Parties  or  members  on  a  provisional  basis;

(d) notwithstanding the provisions of paragraph 9, an approved plan of work in the form of a contract for
exploration which was sponsored pursuant to subparagraph (c)(ii) by a State which was a member on a
provisional  basis  shall  terminate  if  such  membership  ceases  and  the  State  or  entity  has  not  become  a
State  Party;

(e)  if  such  a  member  has  failed  to  make  its  assessed  contributions  or  otherwise  failed  to  comply  with  its
obligations  in  accordance  with  this  paragraph,  its  membership  on  a  provisional  basis  shall  be
terminated.

13. The  reference  in  Annex  III,  Article  10,  of  the  Convention  to  performance  which  has  not  been
satisfactory  shall  be  interpreted  to  mean  that  the  contractor  has  failed  to  comply  with  the  requirements  of
an approved plan of work in spite of a written warning or warnings from the Authority to the contractor to
comply  therewith.

14. The Authority shall have its own budget. Until the end of the year following the year during which this
Agreement  enters  into  force,  the  administrative  expenses  of  the  Authority  shall  be  met  through  the  budget
of  the  United  Nations.  Thereafter,  the  administrative  expenses  of  the  Authority  shall  be  met  by  assessed

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contributions  of  its  members,  including  any  members  on  a  provisional  basis,  in  accordance  with  Article
171(a) and Article 173 of the Convention and this Agreement, until the Authority has sufficient funds from
other  sources  to  meet  those  expenses.  The  Authority  shall  not  exercise  the  power  referred  to  in  Article
174(1)  of  the  Convention  to  borrow  funds  to  finance  its  administrative  budget.

15. The  Authority  shall  elaborate  and  adopt,  in  accordance  with  Article  162(2)(o)(ii)  of  the  Convention,
rules,  regulations  and  procedures  based  on  the  principles  contained  in  Sections  2,  5,  6,  7  and  8  of  this
Annex,  as  well  as  any  additional  rules,  regulations  and  procedures  necessary  to  facilitate  the  approval  of
plans  of  work  for  exploration  or  exploitation,  in  accordance  with  the  following  subparagraphs:

(a)  the Council may undertake such elaboration any time it deems that all or any of such rules, regulations
or  procedures  are  required  for  the  conduct  of  activities  in  the  Area,  or  when  it  determines  that
commercial  exploitation  is  imminent,  or  at  the  request  of  a  State  whose  national  intends  to  apply  for
approval  of  a  plan  of  work  for  exploitation;

(b) if  a  request  is  made  by  a  State  referred  to  in  subparagraph  (a)  the  Council  shall,  in  accordance  with
Article  162(2)(o)  of  the  Convention,  complete  the  adoption  of  such  rules,  regulations  and  procedures
within  two  years  of  the  request;

(c)  if  the  Council  has  not  completed  the  elaboration  of  the  rules,  regulations  and  procedures  relating  to
exploitation  within  the  prescribed  time  and  an  application  for  approval  of  a  plan  of  work  for
exploitation is pending, it shall nonetheless consider and provisionally approve such plan of work based
on  the  provisions  of  the  Convention  and  any  rules,  regulations  and  procedures  that  the  Council  may
have adopted provisionally, or on the basis of the norms contained in the Convention and the terms and
principles  contained  in  this  Annex  as  well  as  the  principle  of  non-discrimination  among  contractors.

16. The draft rules, regulations and procedures and any recommendations relating to the provisions of Part
XI,  as  contained  in  the  reports  and  recommendations  of  the  Preparatory  Commission,  shall  be  taken  into
account  by  the  Authority  in  the  adoption  of  rules,  regulations  and  procedures  in  accordance  with  Part  XI
and  this  Agreement.

17. The  relevant  provisions  of  Part  XI,  Section  4,  of  the  Convention  shall  be  interpreted  and  applied  in
accordance  with  this  Agreement.

SECTION  2

The  enterprise

1. The  secretariat  of  the  Authority  shall  perform  the  functions  of  the  enterprise  until  it  begins  to  operate
independently of the secretariat. The Secretary-General of the Authority shall appoint from within the staff
of  the  Authority  an  interim  Director-General  to  oversee  the  performance  of  these  functions  by  the
secretariat.

These  functions  shall  be:

(a)  monitoring  and  review  of  trends  and  developments  relating  to  deep  sea-bed  mining  activities,  including

regular  analysis  of  world  metal  market  conditions  and  metal  prices,  trends  and  prospects;

(b) assessment of the results of the conduct of marine scientific research with respect to activities in the area,
with  particular  emphasis  on  research  related  to  the  environmental  impact  of  activities  in  the  area;

(c)  assessment  of  available  data  relating  to  prospecting  and  exploration,  including  the  criteria  for  such

activities;

(d) assessment  of  technological  developments  relevant  to  activities  in  the  area,  in  particular  technology

relating  to  the  protection  and  preservation  of  the  marine  environment;

(e)  evaluation  of  information  and  data  relating  to  areas  reserved  for  the  Authority;

(f)  assessment  of  approaches  to  joint-venture  operations;

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(g)  collection  of  information  on  the  availability  of  trained  manpower;

(h) study  of  managerial  policy  options  for  the  administration  of  the  enterprise  at  different  stages  of  its

operations.

2. The  enterprise  shall  conduct  its  initial  deep  sea-bed  mining  operations  through  joint  ventures.  On  the
approval  of  a  plan  of  work  for  exploitation  for  an  entity  other  than  the  enterprise,  or  on  receipt  by  the
Council  of  an  application  for  a  joint-venture  operation  with  the  enterprise,  the  Council  shall  take  up  the
issue  of  the  functioning  of  the  enterprise  independently  of  the  secretariat  of  the  Authority.  If  joint-venture
operations  with  the  enterprise  accord  with  sound  commercial  principles,  the  Council  shall  issue  a  directive
pursuant  to  Article  170(2)  of  the  Convention  providing  for  such  independent  functioning.

3. The  obligation  of  States  Parties  to  fund  one  mine  site  of  the  enterprise  as  provided  for  in  Annex  IV,
Article  11(3)  of  the  Convention  shall  not  apply  and  States  Parties  shall  be  under  no  obligation  to  finance
any  of  the  operations  in  any  mine  site  of  the  enterprise  or  under  its  joint-venture  arrangements.

4. The  obligations  applicable  to  contractors  shall  apply  to  the  enterprise.  Notwithstanding  the  provisions
of  Article  153(3)  and  Annex  III,  Article  3(5)  of  the  Convention,  a  plan  of  work  for  the  enterprise  on  its
approval  shall  be  in  the  form  of  a  contract  concluded  between  the  Authority  and  the  enterprise.

5. A contractor which has contributed a particular area to the Authority as a reserved area has the right of
first refusal to enter into a joint-venture arrangement with the enterprise for exploration and exploitation of
that area. If the enterprise does not submit an application for a plan of work for activities in respect of such
a reserved area within 15 years of the commencement of its functions independent of the secretariat of the
Authority or within 15 years of the date on which that area is reserved for the Authority, whichever is the
later,  the  contractor  which  contributed  the  area  shall  be  entitled  to  apply  for  a  plan  of  work  for  that  area
provided  it  offers  in  good  faith  to  include  the  enterprise  as  a  joint-venture  partner.

6. Article  170(4),  Annex  IV  and  other  provisions  of  the  Convention  relating  to  the  enterprise  shall  be
interpreted  and  applied  in  accordance  with  this  section.

SECTION  3

Decision-making

1. The  general  policies  of  the  Authority  shall  be  established  by  the  Assembly  in  collaboration  with  the
Council.

2. As  a  general  rule,  decision-making  in  the  organs  of  the  Authority  should  be  by  consensus.

3.
If all efforts to reach a decision by consensus have been exhausted, decisions by voting in the Assembly
on  questions  of  procedure  shall  be  taken  by  a  majority  of  members  present  and  voting,  and  decisions  on
questions of substance shall be taken by a two-thirds majority of members present and voting, as provided
for  in  Article  159(8)  of  the  Convention.

4. Decisions  of  the  Assembly  on  any  matter  for  which  the  Council  also  has  competence  or  on  any
administrative, budgetary or financial matter shall be based on the recommendations of the Council. If the
Assembly  does  not  accept  the  recommendation  of  the  Council  on  any  matter,  it  shall  return  the  matter  to
the  Council  for  further  consideration.  The  Council  shall  reconsider  the  matter  in  the  light  of  the  views
expressed  by  the  Assembly.

5.
If all efforts to reach a decision by consensus have been exhausted, decisions by voting in the Council on
questions  of  procedure  shall  be  taken  by  a  majority  of  members  present  and  voting,  and  decisions  on
questions  of  substance,  except  where  the  Convention  provides  for  decisions  by  consensus  in  the  Council,
shall be taken by a two-thirds majority of members present and voting, provided that such decisions are not
opposed  by  a  majority  in  any  one  of  the  chambers  referred  to  in  paragraph  9.  In  taking  decisions  the
Council  shall  seek  to  promote  the  interests  of  all  the  members  of  the  Authority.

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6. The  Council  may  defer  the  taking  of  a  decision  in  order  to  facilitate  further  negotiation  whenever  it
appears  that  all  efforts  at  achieving  consensus  on  a  question  have  not  been  exhausted.

7. Decisions  by  the  Assembly  or  the  Council  having  financial  or  budgetary  implications  shall  be  based  on
the  recommendations  of  the  Finance  Committee.

8. The  provisions  of  Article  161(8)(b)  and  (c)  of  the  Convention  shall  not  apply.

9.  (a)  Each  group  of  States  elected  under  paragraph  15(a)  to  (c)  shall  be  treated  as  a  chamber  for  the
purposes of voting in the Council. The developing States elected under paragraph 15(d) and (e) shall
be  treated  as  a  single  chamber  for  the  purposes  of  voting  in  the  Council.

(b) Before  electing  the  members  of  the  Council,  the  Assembly  shall  establish  lists  of  countries  fulfilling
the  criteria  for  membership  in  the  groups  of  States  in  paragraph  15(a)  to  (d).  If  a  State  fulfils  the
criteria for membership in more than one group, it may only be proposed by one group for election
to  the  Council  and  it  shall  represent  only  that  group  in  voting  in  the  Council.

10. Each  group  of  States  in  paragraph  15(a)  to  (d)  shall  be  represented  in  the  Council  by  those  members
nominated  by  that  group.  Each  group  shall  nominate  only  as  many  candidates  as  the  number  of  seats
required to be filled by that group. When the number of potential candidates in each of the groups referred
to  in  paragraph  15(a)  to  (e)  exceeds  the  number  of  seats  available  in  each  of  those  respective  groups,  as  a
general  rule,  the  principle  of  rotating  shall  apply.  States  members  of  each  of  those  groups  shall  determine
how  this  principle  shall  apply  in  those  groups.

11.  (a)  The Council shall approve a recommendation by the Legal and Technical Commission for approval
of  a  plan  of  work  unless  by  a  two-thirds  majority  of  its  members  present  and  voting,  including  a
majority  of  members  present  and  voting  in  each  of  the  chambers  of  the  Council,  the  Council
decides to disapprove a plan of work. If the Council does not take a decision on a recommendation
for approval of a plan of work within a prescribed period, the recommendation shall be deemed to
have been approved by the Council at the end of that period. The prescribed period shall normally
be  60  days  unless  the  Council  decides  to  provide  for  a  longer  period.  If  the  Commission
recommends  the  disapproval  of  a  plan  of  work  or  does  not  make  a  recommendation,  the  Council
may  nevertheless  approve  the  plan  of  work  in  accordance  with  its  rules  of  procedures  for
decision-making  on  questions  of  substance.

(b) The  provisions  of  Article  162(2)(j)  of  the  Convention  shall  not  apply.

12. Where a dispute arises relating to the disapproval of a plan of work, such dispute shall be submitted to
the  dispute  settlement  procedures  set  out  in  the  Convention.

13. Decisions by voting in the Legal and Technical Commission shall be by a majority of members present
and  voting.

14. Part  XI,  Section  4,  subsections  B  and  C,  of  the  Convention  shall  be  interpreted  and  applied  in
accordance  with  this  section.

15. 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 % in value terms of total world consumption or have had
net imports of more than 2 % in value terms of total world imports of the commodities produced from
the categories of minerals to be derived from the area, provided that the four members shall include one
State  from  the  East  European  region  having  the  largest  economy  in  that  region  in  terms  of  gross
domestic  product  and  the  State,  on  the  date  of  entry  into  force  of  the  Convention,  having  the  largest
economy  in  terms  of  gross  domestic  product,  if  such  States  wish  to  be  represented  in  this  group;

(b) four  members  from  among  the  eight  States  Parties  which  have  made  the  largest  investments  in
preparation  for  and  in  the  conduct  of  activities  in  the  area,  either  directly  or  through  their  nationals;

(c)  four  members  from  among  States  Parties  which,  on  the  basis  of  production  in  areas  under  their
jurisdication, 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  on  their
economies;

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(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,  island  States,  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)  18 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
Europe,  Latin  America  and  the  Caribbean  and  Western  Europe  and  Others.

16. The  provisions  of  Article  161(1)  of  the  Convention  shall  not  apply.

SECTION  4

Review  Conference

The provisions relating to the Review Conference in Article 155(1), (3) and (4) of the Convention shall not
apply.  Notwithstanding  the  provisions  of  Article  314(2)  of  the  Convention,  the  Assembly,  on  the
recommendation  of  the  Council,  may  undertake  at  any  time  a  review  of  the  matters  referred  to  in  Article
155(1)  of  the  Convention.  Amendments  relating  to  this  Agreement  and  Part  XI  shall  be  subject  to  the
procedures contained in Articles 314, 315 and 316 of the Convention, provided that the principles, regime
and other terms referred to in Article 155(2) of the Convention shall be maintained and the rights referred
to  in  paragraph  5  of  that  Article  shall  not  be  affected.

SECTION  5

Transfer  of  technology

In  addition  to  the  provisions  of  Article  144  of  the  Convention,  transfer  of  technology  for  the  purposes

1.
of  Part  XI  shall  be  governed  by  the  following  principles:

(a)  the  enterprise,  and  developing  States  wishing  to  obtain  deep  sea-bed  mining  technology,  shall  seek  to
obtain  such  technology  on  fair  reasonable  commercial  terms  and  conditions  on  the  open  market,  or
through  joint-venture  arrangements;

(b) if the enterprise or developing States are unable to obtain deep sea-bed mining technology, the Authority
may  request  all  or  any  of  the  contractors  and  their  respective  sponsoring  State  or  States  to  cooperate
with  it  in  facilitating  the  acquisition  of  deep  sea-bed  mining  technology  by  the  enterprise  or  its  joint
venture,  or  by  a  developing  State  or  States  seeking  to  acquire  such  technology  on  fair  and  reasonable
commercial terms and conditions, consistent with the effective protection of intellectual property rights.
States  Parties  undertake  to  cooperate  fully  and  effectively  with  the  Authority  for  this  purpose  and  to
ensure  that  contractors  sponsored  by  them  also  cooperate  fully  with  the  Authority;

(c)  as  a  general  rule,  States  Parties  shall  promote  international  technical  and  scientific  cooperation  with
regard to activities in the area either between the parties concerned or by developing training, technical
assistance  and  scientific  cooperation  programmes  in  marine  science  and  technology  and  the  protection
and  preservation  of  the  marine  environment.

2. The  provisions  of  Annex  III,  Article  5,  of  the  Convention  shall  not  apply.

SECTION  6

Production  policy

1. The  production  of  the  Authority  shall  be  based  on  the  following  principles:

(a)  development  of  the  resources  of  the  area  shall  take  place  in  accordance  with  sound  commercial

principles;

(b) the  provisions  of  the  General  Agreement  on  Tariffs  and  Trade,  its  relevant  codes  and  successor  or

superseding  agreements  shall  apply  with  respect  to  activities  in  the  area;

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(c)  in  particular,  there  shall  be  no  subsidisation  of  activities  in  the  area  except  as  may  be  permitted  under
the agreements referred to in subparagraph (b). Subsidisation for the purpose of these principles shall be
defined  in  terms  of  the  agreements  referred  to  in  subparagraph  (b);

(d) there  shall  be  no  discrimination  between  minerals  derived  from  the  area  and  from  other  sources.  There
shall  be  no  preferential  access  to  markets  for  such  minerals  or  for  imports  of  commodities  produced
from  such  minerals,  in  particular:

(i)  by  the  use  of  tariff  or  non-tariff  barriers,  and

(ii) given  by  States  Parties  to  such  minerals  or  commodities  produced  by  their  State  enterprises  or  by
natural  or  juridical  persons  which  possess  their  nationality  or  are  controlled  by  them  or  their
nationals;

(e)  the plan of work for exploitation approved by the Authority in respect of each mining area shall indicate
an  anticipated  production  schedule  which  shall  include  the  estimated  maximum  amounts  of  minerals
that  would  be  produced  per  year  under  the  plan  of  work;

(f)  the  following  shall  apply  to  the  settlement  of  disputes  concerning  the  provisions  of  the  agreements

referred  to  in  subparagraph  (b):

(i)  where  the  States  Parties  concerned  are  parties  to  such  agreements,  they  shall  have  recourse  to  the

dispute  settlement  procedures  of  those  agreements;

(ii) where one or more of the State Parties concerned are not parties to such agreements, they shall have

recourse  to  the  dispute  settlement  procedures  set  out  in  the  Convention;

(g)  in  circumstances  where  a  determination  is  made  under  the  agreements  referred  to  in  subparagraph  (b)
that a State Party has engaged in subsidisation which is prohibited or has resulted in adverse effects on
the interest of another State Party and appropriate steps have not been taken by the relevant State Party
or  States  Parties,  a  State  Party  may  request  the  Council  to  take  appropriate  measures.

2. The principles contained in paragraph 1 shall not affect the rights and obligations under any provisions
of  the  agreements  referred  to  in  paragraph  1(b),  as  well  as  the  relevant  free  trade  and  customs  union
agreements,  in  relations  between  States  Parties  which  are  parties  to  such  agreements.

3. The  acceptance  by  a  contractor  of  subsidies  other  than  those  which  may  be  permitted  under  the
agreements  referred  to  in  paragraph  1(b)  shall  constitute  a  violation  of  the  fundamental  terms  of  the
contract  forming  a  plan  of  work  for  the  carrying  out  of  activities  in  the  area.

4. Any  State  Party  which  has  reason  to  believe  that  there  has  been  a  breach  of  the  requirements  of
paragraph  1(b)  to  (d)  or  paragraph  3  may  initiate  dispute  settlement  procedures  in  conformity  with
paragraph  1(f)  or  (g).

5. A  State  Party  may  at  any  time  bring  to  the  attention  of  the  Council  activities  which  in  its  view  are
inconsistent  with  the  requirements  of  paragraph  1(b)  to  (d).

6. The  Authority  shall  develop  rules,  regulations  and  procedures  which  ensure  the  implementation  of  the
provisions  of  this  Section,  including  relevant  rules,  regulations  and  procedures  governing  the  approval  of
plans  of  work.

7. The  provisions  of  Article  151(1)  to  (7)  and  (9),  Article  162(2)(q),  Article  165(2)(n),  and  Annex  III,
Article  6(5)  and  Article  7,  of  the  Convention  shall  not  apply.

SECTION  7

Economic  assistance

1. The policy of the Authority of assisting 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, shall be based
on  the  following  principles:

(a)  the  Authority  shall  establish  an  economic  assistance  fund  from  a  portion  of  the  funds  of  the  Authority
which  exceeds  those  necessary  to  cover  the  administrative  expenses  of  the  Authority.  The  amount  set
aside for this purpose shall be determined by the Council from time to time, upon the recommendation
of  the  Finance  Committee.  Only  funds  from  payments  received  from  contractors,  including  the
enterprise,  and  voluntary  contributions  shall  be  used  for  the  establishment  of  the  economic  assistance
fund;

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(b) developing  land-based  producer  States  whose  economies  have  been  determined  to  be  seriously  affected
by the production of minerals from the deep seabed shall be assisted from the economic assistance fund
of  the  Authority;

(c)  the  Authority  shall  provide  assistance  from  the  fund  to  affected  developing  land-based  producer  States,
where appropriate, in cooperation with existing global or regional development institutes which have the
infrastructure  and  expertise  to  carry  out  such  assistance  programmes;

(d) the  extent  and  period  of  such  assistance  shall  be  determined  on  a  case-by-case  basis.  In  doing  so,  due
consideration  shall  be  given  to  the  nature  and  magnitude  of  the  problems  encountered  by  affected
developing  land-based  producer  States.

2. Article  151(10)  of  the  Convention  shall  be  implemented  by  means  of  measures  of  economic  assistance
referred to in paragraph 1. Article 160(2)(1), Article 162(2)(n), Article 164(2)(d), Article 171(f), and Article
173(2)(c)  of  the  Convention  shall  be  interpreted  accordingly.

SECTION  8

Financial  terms  of  contracts

1. The  following  principles  shall  provide  the  basis  for  establishing  rules,  regulations  and  procedures  for
financial  terms  of  contracts:

(a)  the  system  of  payments  to  the  Authority  shall  be  fair  both  to  the  contractor  and  to  the  Authority  and

shall  provide  adequate  means  of  determining  compliance  by  the  contractor  with  such  system;

(b) the  rates  of  payments  under  the  system  shall  be  within  the  range  of  those  prevailing  in  respect  of
land-based  mining  of  the  same  or  similar  minerals  in  order  to  avoid  giving  deep  sea-bed  miners  an
artificial  competitive  advantage  or  imposing  on  them  a  competitive  disadvantage;

(c)  the  system  should  not  be  complicated  and  should  not  impose  major  administrative  costs  on  the
Authority  or  on  a  contractor.  Consideration  should  be  given  to  the  adoption  of  a  royalty  system  or  a
combination of a royalty and profit-sharing system. If alternative systems are decided on, the contractor
has  the  right  to  choose  the  system  applicable  to  its  contract.  Any  subsequent  change  in  choice  between
alternative  systems,  however,  shall  be  made  by  agreement  between  the  Authority  and  the  contractor;

(d) an annual fixed fee shall be payable from the date of commencement of commercial production. This fee
may  be  credited  against  other  payments  due  under  the  system  adopted  in  accordance  with
subparagraph (c).  The  amount  of  the  fee  shall  be  established  by  the  Council;

(e)  the system of payments may be revised periodically in the light of changing circumstances. Any changes
shall  be  applied  in  a  non-discriminatory  manner.  Such  changes  may  apply  to  existing  contracts  only  at
the  election  of  the  contractor.  Any  subsequent  change  in  choice  between  alternative  systems  shall  be
made  by  agreement  between  the  Authority  and  the  contractor;

(f)  disputes  concerning  the  interpretation  or  application  of  the  rules  and  regulations  based  on  these

principles  shall  be  subject  to  the  dispute  settlement  procedures  set  out  in  the  Convention.

2. The  provisions  of  Annex  III,  Article  13(3)  to  (10),  of  the  Convention  shall  not  apply.

3. With regard to the implementation of Annex III, Article 13(2), of the Convention, the fee for processing
applications  for  approval  of  a  plan  of  work  limited  to  one  phase,  either  the  exploration  phase  or  the
exploitation  phase,  shall  be  USD  250 000.

SECTION  9

The  Finance  Committee

1. There  is  hereby  established  a  Finance  Committee.  The  Committee  shall  be  composed  of  15  members
with appropriate qualifications relevant to financial matters. States Parties shall nominate candidates of the
highest  standards  of  competence  and  integrity.

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2. No  two  members  of  the  Finance  Committee  shall  be  nationals  of  the  same  State  Party.

3. Members of the Finance Committee shall be elected by the Assembly and due account shall be taken of
the  need  for  equitable  geographical  distribution  and  the  representation  of  special  interests.  Each  group  of
States  referred  to  in  Section  3(15)(a),  (b),  (c)  and  (d)  of  this  Annex  shall  be  represented  on  the  Committee
by  at  least  one  member.  Until  the  Authority  has  sufficient  funds  other  than  assessed  contributions  to  meet
its administrative expenses, the membership of the Committee shall include representatives of the five largest
financial contributors to the administrative budget of the Authority. Thereafter, the election of one member
from  each  group  shall  be  on  the  basis  of  nomination  by  the  members  of  the  respective  group,  without
prejudice  to  the  possibility  of  further  members  being  elected  from  each  group.

4. Members of the Finance Committee shall hold office for a term of five years. They shall be eligible for
re-election  for  a  further  term.

In the event of the death, incapacity of resignation of a member of the Finance Committee prior to the
5.
expiration of the term of office, the Assembly shall elect for the remainder of the term a member from the
same  geographical  region  or  group  of  States.

6. Members  of  the  Finance  Committee  shall  have  no  financial  interest  in  any  activity  relating  to  matters
upon  which  the  Committee  has  the  responsibility  to  make  recommendations.  They  shall  not  disclose,  even
after  the  termination  of  their  functions,  any  confidential  information  coming  to  their  knowledge  by  reason
of  their  duties  for  the  Authority.

7. Decisions  by  the  Assembly  and  the  Council  on  the  following  issues  shall  take  into  account
recommendations  of  the  Finance  Committee:

(a)  draft  financial  rules,  regulations  and  procedures  of  the  organs  of  the  Authority  and  the  financial

management  and  internal  financial  administration  of  the  Authority;

(b) assessment  of  contributions  of  members  to  the  administrative  budget  of  the  Authority  in  accordance

with  Article  160(2)(e)  of  the  Convention;

(c)  all relevant financial matters, including the proposed annual budget prepared by the Secretary-General of
the  Authority  in  accordance  with  Article  172  of  the  Convention  and  the  financial  aspects  of  the
implementation  of  the  programmes  of  work  of  the  secretariat;

(d) the  administrative  budget;

(e)  financial obligations of States Parties arising from the implementation of this Agreement and Part XI as
well  as  the  administrative  and  budgetary  implications  of  proposals  and  recommendations  involving
expenditure  from  the  funds  of  the  Authority;

(f)  rules,  regulations  and  procedures  on  the  equitable  sharing  of  financial  and  other  economic  benefits

derived  from  activities  in  the  area  and  the  decisions  to  be  made  thereon.

8. Decisions in the Finance Committee on questions of procedure shall be taken by a majority of members
present  and  voting.  Decisions  on  questions  of  substance  shall  be  taken  by  consensus.

9. The  requirement  of  Article  162(2)(y)  of  the  Convention  to  establish  a  subsidiary  organ  to  deal  with
financial  matters  shall  be  deemed  to  have  been  fulfilled  by  the  establishment  of  the  Finance  Committee  in
accordance  with  this  section.

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ANNEX  II

THE  EUROPEAN  COMMUNITY’S  INSTRUMENT  OF  FORMAL  CONFIRMATION

The  European  Community  presents  its  compliments  to  the  Secretary-General  of  the  United
Nations  and  has  the  honour  of  depositing  its  instrument  of  formal  confirmation  of  the  United
Nations  Convention  of  10  December  1982  on  the  Law  of  the  Sea  and  the  Agreement  adopted
by the United Nations General Assembly on 28 July 1994 relating to the implementation of Part
XI  of  the  United  Nations  Convention  of  10  December  1982  on  the  Law  of  the  Sea.

By  depositing  this  instrument,  the  Community  has  the  honour  of  declaring  its  acceptance,  in
respect  of  matters  for  which  competence  has  been  transferred  to  it  by  those  of  its  Member
States which are parties to the Convention, of the rights and obligations laid down for States in
the  Convention  and  the  Agreement.  The  declaration  concerning  competence  provided  for  in
Article  5(1)  of  Annex  IX  to  the  Convention  is  attached.

The  Community  also  wishes  to  declare,  in  accordance  with  Article  310  of  the  Convention,  its
objection to any declaration or position excluding or amending the legal scope of the provisions
of  the  United  Nations  Convention  on  the  Law  of  the  Sea,  and  in  particular  those  relating  to
fishing  activities.  The  Community  does  not  consider  the  Convention  to  recognise  the  rights  or
jurisdiction of coastal States regarding the exploitation, conservation and management of fishery
resources  other  than  sedentary  species  outside  their  exclusive  economic  zone.

The Community reserves the right to make subsequent declarations in respect of the Convention
and  the  Agreement  and  in  response  to  future  declarations  and  positions.

The  Community  takes  this  opportunity  to  reiterate  to  the  Secretary-General  of  the  United
Nations  the  assurance  of  its  highest  consideration.

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DECLARATION  CONCERNING  THE  COMPETENCE  OF  THE  EUROPEAN
COMMUNITY WITH REGARD TO MATTERS GOVERNED BY THE UNITED NATIONS
CONVENTION  ON  THE  LAW  OF  THE  SEA  OF  10  DECEMBER  1982  AND  THE
AGREEMENT  OF  28  JULY  1994  RELATING  TO  THE  IMPLEMENTATION  OF  PART  XI
OF  THE  CONVENTION

(Declaration made pursuant to Article 5(1) of Annex IX to the Convention and to Article 4(4)
of  the  Agreement)

Article 5(1) of Annex IX of the United Nations Convention on the Law of the Sea provides that
the  instrument  of  formal  confirmation  of  an  international  organisation  shall  contain  a
declaration  specifying  the  matters  governed  by  the  Convention  in  respect  of  which  competence
has  been  transferred  to  the  organisation  by  its  Member  States  which  are  Parties  to  the
Convention (1).

Article  4(4)  of  the  Agreement  relating  to  the  implementation  of  Part  XI  of  the  United  Nations
Convention  on  the  Law  of  the  Sea  of  10  December  1982 (2)  provides  that  formal  confirmation
by  an  international  organisation  shall  be  in  accordance  with  Annex  IX  of  the  Convention.

The  European  Communities  were  established  by  the  Treaties  of  Paris  (ECSC)  and  of  Rome
(EEC  and  Euratom),  signed  on  18  April  1951  and  25  March  1957  respectively.  After  being
ratified  by  the  Signatory  States,  the  Treaties  entered  into  force  on  25  July  1952  and  1  January
1958.  They  have  been  amended  by  the  Treaty  on  European  Union,  which  was  signed  in
Maastricht  on  7  February  1992  and  entered  into  force,  after  being  ratified  by  the  Signatory
States, on 1 November 1993, and most recently by the Accession Treaty signed in Corfu on 24
June  1994,  which  entered  into  force  on  1  January  1995 (3).

The  current  Members  of  the  Communities  are  the  Kingdom  of  Belgium,  the  Kingdom  of
Denmark,  the  Federal  Republic  of  Germany,  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the
French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom
of  the  Netherlands,  the  Republic  of  Austria,  the  Portuguese  Republic,  the  Republic  of  Finland,
the  Kingdom  of  Sweden  and  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland.

The  United  Nations  Convention  on  the  Law  of  the  Sea  and  the  Agreement  relating  to  the
implementation  of  Part  XI  of  the  Convention  shall  apply,  with  regard  to  the  competences
transferred  to  the  European  Community,  to  the  territories  in  which  the  Treaty  establishing  the
European  Community  is  applied  and  under  the  conditions  laid  down  in  that  Treaty,  in
particular  Article  227  thereof.

This  declaration  is  not  applicable  to  the  territories  of  the  Member  States  in  which  the  said
Treaty  does  not  apply  and  is  without  prejudice  to  such  acts  or  positions  as  may  be  adopted
under the Convention and the Agreement by the Member States concerned on behalf of and in
the  interests  of  those  territories.

In  accordance  with  the  provisions  referred  to  above,  this  declaration  indicates  the  competence
that  the  Member  States  have  transferred  to  the  Community  under  the  Treaties  in  matters
governed  by  the  Convention  and  the  Agreement.

(1)  When  it  signed  the  Convention,  the  Community  made  the  requisite  declaration,  in  accordance  with
Article  2  of  Annex  IX,  in  which  it  specified  the  matters  dealt  with  by  the  Convention  for  which
competence  had  been  transferred  to  it  by  its  Member  States.

(2)  Signed  by  the  Community  on  29  July  1994  and  applied  by  it  provisionally  with  effect  from  16

November  1994.

(3)  The  Treaty  of  Paris  establishing  the  European  Coal  and  Steel  Community  was  registered  with  the
Secretariat of the United Nations on 15 March 1957 under No 3729; the Treaties of Rome establishing
the  European  Economic  Community  and  the  European  Atomic  Energy  Community  (Euratom)  were
registered  on  21  April  and  24  April  1958  respectively  under  Nos  4300  and  4301.  The  Treaty  on
European Union was registered on 28 December 1993 under No 30615; the Accession Treaty of 24 June
1994  was  published  in  the  Official  Journal  of  the  European  Communities  C  241  of  29  August  1994.

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The  scope  and  the  exercise  of  such  Community  competence  are,  by  their  nature,  subject  to
continuous  development,  and  the  Community  will  complete  or  amend  this  declaration,  if
necessary,  in  accordance  with  Article  5(4)  of  Annex  IX  to  the  Convention.

The  Community  has  exclusive  competence  for  certain  matters  and  shares  competence  with  its
Member  States  for  certain  other  matters.

1.  Matters  for  which  the  Community  has  exclusive  competence

—  The  Community  points  out  that  its  Member  States  have  transferred  competence  to  it
with regard to the conservation and management of sea fishing resources. Hence in this
field  it  is  for  the  Community  to  adopt  the  relevant  rules  and  regulations  (which  are
enforced  by  the  Member  States)  and,  within  its  competence,  to  enter  into  external
undertakings with third States or competent international organisation. This competence
applies to waters under national fisheries jurisdiction and to the high seas. Nevertheless,
in  respect  of  measures  relating  to  the  exercise  of  jurisdiction  over  vessels,  flagging  and
registration  of  vessels  and  the  enforcement  of  penal  and  administrative  sanctions,
competence rests with the Member States while respecting Community law. Community
law  also  provides  for  administrative  sanctions,

—  by  virtue  of  its  commercial  and  customs  policy,  the  Community  has  competence  in
respect of those provisions of Parts X and XI of the Convention and of the Agreement of
28  July  1994  which  are  related  to  international  trade.

2.  Matters  for  which  the  Community  shares  competence  with  its  Member  States

—  With regard to fisheries, for a certain number of matters that are not directly related to
the  conservation  and  management  of  sea  fishing  resources,  for  example  research  and
technological  development  and  development  cooperation,  there  is  shared  competence,

—  with  regard  to  the  provisions  on  maritime  transport,  safety  of  shipping  and  the
prevention of marine pollution contained, inter alia, in Parts II, III, V, VII and XII of the
Convention,  the  Community  has  exclusive  competence  only  to  the  extent  that  such
provisions  of  the  Convention  or  legal  instruments  adopted  in  implementation  thereof
affect  common  rules  established  by  the  Community.  When  Community  rules  exist  but
are  not  affected,  in  particular  in  cases  of  Community  provisions  establishing  only
minimum  standards,  the  Member  States  have  competence,  without  prejudice  to  the
competence  of  the  Community  to  act  in  this  field.  Otherwise  competence  rests  with  the
Member  States.

A  list  of  relevant  Community  acts  appears  in  the  Appendix.  The  extent  of  Community
competence  ensuing  from  these  acts  must  be  assessed  by  reference  to  the  precise
provisions  of  each  measure,  and  in  particular,  the  extent  to  which  these  provisions
establish  common  rules,

—  with regard to the provisions of Parts XIII and XIV of the Convention, the Community’s
competence  relates  mainly  to  the  promotion  of  cooperation  on  research  and
technological  development  with  non-member  countries  and  international  organisations.
The  activities  carried  out  by  the  Community  here  complement  the  activities  of  the
Member  States.  Competence  in  this  instance  is  implemented  by  the  adoption  of  the
programmes  listed  in  the  appendix.

3.  Possible  impact  of  other  Community  policies

—  Mention  should  also  be  made  of  the  Community’s  policies  and  activities  in  the  field  of
control  of  unfair  economic  practices,  government  procurement  and 
industrial
competitiveness  as  well  as  in  the  area  of  development  aid.  These  policies  may  also  have
some  relevance  to  the  Convention  and  the  Agreement,  in  particular  with  regard  to
certain  provisions  of  Parts  VI  and  XI  of  the  Convention.

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Appendix

COMMUNITY  ACTS  WHICH  REFER  TO  MATTERS  GOVERNED  BY  THE  CONVENTION  AND
THE  AGREEMENT

—  In  the  maritime  safety  and  prevention  of  marine  pollution  sectors

Council  Decision  92/143/EEC  of  25  February  1992  on  radionavigation  systems  for  Europe  (OJ  L  59,
4.3.1992,  p.  17)

Council Directive 79/115/EEC of 21 December 1978 concerning pilotage of vessels by deep sea pilots in
the  North  Sea  and  English  Channel  (OJ  L  33,  8.2.1979,  p.  32)

Council  Directive  93/75/EEC  of  13  September  1993  concerning  minimum  requirements  for  vessels
bound  for  or  leaving  Community  ports  and  carrying  dangerous  or  polluting  goods  (OJ  L  247,
5.10.1993,  p.  19)

Council  Directive  93/103/EC  of  23  November  1993  concerning  the  minimum  safety  and  health
requirements for work on board fishing vessels (13th individual Directive within the meaning of Article
16(1)  of  Directive  89/391/EEC)  (OJ  L  307,  13.12.1993,  p.  1)

Council  Directive  94/57/EC  of  22  November  1994  on  common  rules  and  standards  for  ship  inspection
and  survey  organisations  and  for  the  relevant  activities  of  maritime  administrations  (Classification
Societies  Directive)  (OJ  L  319,  12.12.1994,  p.  20)

Council Directive 94/58/EC of 22 November 1994 on the minim level of training of seafarers (OJ L 319,
12.12.1994,  p.  28)

Council  Directive  95/21/EC  of  19  June  1995  concerning  the  enforcement,  in  respect  of  shipping  using
Community ports and sailing in the waters under the jurisdiction of the Member States, of international
standards for ship safety, pollution prevention and shipboard living and working conditions (port State
control)  (OJ  L  157,  7.7.1995,  p.  1)

Council  Directive  96/98/EC  of  20  December  1996  on  marine  equipment  (OJ  L  46,  17.2.1997,  p.  25)

Council  Regulation  (EEC)  No  613/91  of  4  March  1991  on  the  transfer  of  ships  from  one  register  to
another  within  the  Community  (OJ  L  68,  15.3.1991,  p.  1)  and  Commission  Regulation  (EEC)  No
2158/93 of 28 July 1993 concerning the application of amendments to the International Convention for
the Safety of Life at Sea, 1974, and to the International Convention for the Prevention of Pollution from
Ships,  1973,  for  the  purpose  of  Council  Regulation  (EEC)  No  613/91  (OJ  L  194,  3.8.1993,  p.  5)

Council Regulation (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution
A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers
(OJ  L  319,  12.12.1994,  p.  1)

Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off
passenger  ferries  (ro-ro  ferries)  (OJ  L  320,  30.12.1995,  p.  14)

—  In  the  field  of  protection  and  preservation  of  the  marine  environment  Part  XII  of  the  Convention

Council  Decision  81/971/EEC  of  3  December  1981  establishing  a  Community  information  system  for
the  control  and  reduction  of  pollution  caused  by  hydrocarbons  discharged  at  sea  (OJ  L  355,
10.12.1981,  p.  52)

Council  Decision  86/85/EEC  of  6  March  1986  establishing  a  Community  information  system  for  the
control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances
at  sea  (OJ  L  77,  22.3.1986,  p.  33)

Council  Directive  75/439/EC  of  16  June  1975  on  the  disposal  of  waste  oils  (OJ  L  194,  25.7.1975,  p.
23)

Council  Directive  75/442/EEC  of  15  July  1975  on  waste  (OJ  L  194,  25.7.1975,  p.  39)

Council  Directive  76/160/EEC  of  8  December  1975  concerning  the  quality  of  bathing  water  (OJ  L  31,
5.2.1976,  p.  1)

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Council  Directive  76/464/EEC  of  4  May  1976  on  pollution  caused  by  certain  dangerous  substances
discharged  into  the  aquatic  environment  of  the  Community  (OJ  L  129,  18.5.1976,  p.  23)

Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (OJ L
54,  25.2.1978,  p.  19)

Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (OJ L 281,
10.11.1979,  p.  47)

Council  Directive  80/779/EEC  of  15  July  1980  on  air  quality  limit  values  and  guide  values  for  sulphur
dioxide  and  suspended  particulates  (OJ  L  229,  30.8.1980,  p.  30)

Council  Directive  82/176/EEC  of  22  March  1982  on  limit  values  and  quality  objectives  for  mercury
discharges  by  the  chlor-alkali  electrolysis  industry  (OJ  L  81,  27.3.1982,  p.  29)

Council  Directive  82/501/EEC  of  24  June  1982  on  the  major-accident  hazards  of  certain  industrial
activities  (OJ  L  230,  5.8.1982,  p.  1)

Council  Directive  82/883/EEC  of  3  December  1982  on  procedures  for  the  surveillance  and  monitoring
of  environments  concerned  by  waste  from  the  titanium  dioxide  industry  (OJ  L  378,  31.12.1982,  p.  1)

Council  Directive  82/884/EEC  of  3  December  1982  on  a  limit  value  for  lead  in  the  air  (OJ  L  378,
31.12.1982,  p.  15)

Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium
discharges  (OJ  L  291,  24.10.1983,  p.  1)

Council  Directive  84/156/EEC  of  8  March  1984  on  limit  values  and  quality  objectives  for  mercury
discharges  by  sectors  other  than  the  chlor-alkali  electrolysis  industry  (OJ  L  74,  17.3.1984,  p.  49)

Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants
(OJ  L  188,  16.7.1984,  p.  20)

Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of
hexachlorocyclohexane  (OJ  L  274,  17.10.1984,  p.  11)

Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide (OJ L 87,
27.3.1985,  p.  1)

Council  Directive  85/337/EEC  of  27  June  1985  on  the  assessment  of  the  effects  of  certain  public  and
private  projects  on  the  environment  (OJ  L  175,  5.7.1985,  p.  40)

Council  Directive  86/280/EEC  of  12  June  1986  on  limit  values  and  quality  objectives  for  discharges  of
certain  dangerous  substances  included  in  List  I  of  the  Annex  of  Directive  76/464/EEC  (OJ  L  181,
4.7.1986,  p.  16)

Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants
into  the  air  from  large  combustion  plants  (OJ  L  336,  7.12.1988,  p.  1)

Council  Directive  89/369/EEC  of  8  June  1989  on  the  prevention  of  air  pollution  from  new  municipal
waste  incineration  plants  (OJ  L  163,  14.6.1989,  p.  32)

Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal
waste  incineration  plants  (OJ  L  203,  15.7.1989,  p.  50)

Council  Directive  91/271/EEC  of  21  May  1991  concerning  urban  waste  water  treatment  (OJ  L  135,
30.5.1991,  p.  40)

Council  Directive  91/676/EEC  of  12  December  1991  concerning  the  protection  of  waters  against
pollution  caused  by  nitrates  from  agricultural  sources  (OJ  L  375,  31.12.1991,  p.  1)

Council  Directive  91/689/EEC  of  12  December  1991  on  hazardous  waste  (OJ  L  377,  31.12.1991,  p.
20)

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna
and  flora  (OJ  L  206,  22.7.1992,  p.  7)

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Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonising the programmes for
the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry
(OJ  L  409,  31.12.1992,  p.  11)

Council  Directive  94/67/EC  of  16  December  1994  on  the  incineration  of  hazardous  waste  (OJ  L  365,
31.12.1994,  p.  34)

Council  Regulation  (EEC)  No  259/93  of  1  February  1993  on  the  supervision  and  control  of  shipments
of  waste  within,  into  and  out  of  the  European  Community  (OJ  L  30,  6.2.1993,  p.  1)

—  In  the  marine  environment  research  and  scientific  and  technological  cooperation  sector

Marine  science  and  technology  programme 

Environment  and  climate  programme

Cooperation  with  non-member  countries  and  international  organisations:  Scientific  and  technological
cooperation  with  developing  countries  programme  (INCO-DC)

—  Conventions  to  which  the  Community  is  a  party

Convention for the prevention of marine pollution from land-based sources, Paris, 4 June 1974 (Council
Decision  75/437/EEC  of  3  March  1975,  published  in  OJ  L  194  of  25.7.1975,  p.  5)

Protocol  amending  the  Convention  for  the  prevention  of  marine  pollution  from  land-based  sources,
Paris,  26  March  1986  (Council  Decision  87/57/EEC  of  28  December  1986,  published  in  OJ  L  24,
27.1.1987,  p.  47)

Protocol for the protection of the Mediterranean Sea against pollution from land-based sources, Athens,
17 May 1980 (Council Decision 83/101/EEC of 28 February 1983, published in OJ L 67, 12.3.1983, p.
1)

Convention  for  the  protection  of  the  Mediterranean  Sea  against  pollution  and  the  Protocol  for  the
prevention of the pollution of the Mediterranean Sea by dumping from ships and aircraft, Barcelona, 16
February  1976  (Council  Decision  77/585/EEC  of  25  July  1977,  published  in  OJ  L  240,  19.9.1997,  p.
1)

Protocol  concerning  cooperation  in  combating  pollution  of  the  Mediterranean  Sea  by  oil  and  other
harmful  substances  in  cases  of  emergency,  Barcelona,  16  February  1976  (Council  Decision  81/420/EEC
of  19  May  1981,  published  in  OJ  L  162,  19.6.1981,  p.  4)

Convention  on  long-range  transboundary  air  pollution,  Geneva,  13  November  1979  (Council  Decision
81/462/EEC  of  11  June  1981,  published  in  OJ  L  171,  27.6.1981,  p.  11)

Protocol  of  2  and  3  April  1982  concerning  Mediterranean  specially  protected  areas,  Geneva,  3  April
1982  (Council  Decision  84/132/EEC  of  1  March  1984,  published  in  OJ  L  68,  10.3.1984,  p.  36)

Agreement  for  cooperation  in  dealing  with  pollution  of  the  North  Sea  by  oil  and  other  harmful
substances, Bonn, 13 September 1983 (Council Decision 84/358/EEC of 28 June 1984, published in OJ
L  188,  16.7.1984,  p.  7)

Cooperation  Agreement  for  the  protection  of  the  coasts  and  waters  of  the  north-east  Atlantic  against
pollution, Lisbon, 17 October 1990 (Council Decision 93/550/EEC of 20 October 1993, published in OJ
L  267,  28.10.1993,  p.  20)

Basel  Convention  on  the  control  of  transboundary  movements  of  hazardous  wastes  and  their  disposal,
signed in Basel on 22 March 1989 (Council Decision 93/98/EEC of 1 February 1993, published in OJ L
39,  16.12.1993,  p.  1)

L  179/134

EN

Official  Journal  of  the  European  Communities

23.6.98

ANNEX  III

MANDATE  OF  THE  WORKING  PARTY  ON  THE  LAW  OF  THE  SEA

The Working Party on the Law of the Sea handles the ongoing examination of issues relating to
the  United  Nations  Convention  on  the  Law  of  the  Sea,  which  entered  into  force  on  16
November  1994.  Its  work  paves  the  way  for  the  European  Union  Council’s  discussions  and  so
contributes to the making of Community policies in areas of relevance to the Law of the Sea. In
preparation for Council meetings, it provides the Committee of Permanent Representatives (and,
where  relevant,  the  Political  Committee)  with  opinions  on  the  compatibility  of  such  policies
with international law, and in particular the United Nations Convention on the Law of the Sea,
either  at  the  request  of  that  Committee  or  on  its  own  initiative.

The  Working  Party’s  mandate  encompasses:

1.  the  preparation  of  the  Council  Decision  concluding  the  United  Nations  Convention  on  the
Law  of  the  Sea  and  the  Agreement  relating  to  the  implementation  of  Part  XI  thereof;

2.  the  preparation  of  the  declarations  provided  for  in  Article  5(1)  and  (4)  of  Annex  IX  to  the

United  Nations  Convention  of  the  Law  of  the  Sea;

3.  the  preparation  of  the  declarations  provided  for  in  Articles  287  and  310  of  the  United

Nations  Convention  on  the  Law  of  the  Sea;

4.  the preparation, on issues within the Community competence, of draft Community positions

within  bodies  set  up  under  the  Convention;

5.  the  coordination  of  the  activities  of  the  Community  and  its  Member  States  in  the
International  Sea-bed  Authority  and  its  bodies,  and  consultations  with  a  view  to  drafting
common  positions  on  issues  of  general  interest  coming  under  the  common  foreign  and
security  policy  (CFSP);

6.  the drafting of common positions on foreign policy issues of general interest concerning the
development  of  the  law  of  the  sea  and  its  repercussions  on  the  foreign  policy  of  the
European  Union;

7.  the examination of the consistency of projects and proposals submitted to the Council with
international  law  concerning  the  law  of  the  sea,  and  in  particular  of  the  United  Nations
Convention  on  the  Law  of  the  Sea.

Positions  on  questions  within  the  Community’s  competence  are  adopted  by  the  normal
procedure.

Questions  falling  under  the  European  Union’s  foreign  policy  are  governed  by  Title  V  of  the
Treaty  on  European  Union.