| 1 | 2 | 3 | 4 | 5 |
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
Article 173
Expenses of the Authority
1. The contributions referred to in Article 171, subparagraph (a),
shall be paid into a special account to meet the administrative expenses
of the Authority until the Authority has sufficient funds from other
sources to meet those expenses.
2. The administrative expenses of the Authority shall be a first call
upon the funds of the Authority. Except for the assessed contributions
referred to in Article 171, subparagraph (a), the funds which remain
after payment of administrative expenses may, inter alia:
(a) be shared in accordance with Article 140 and Article 160,
paragraph 2(g);
(b) be used to provide the Enterprise with funds in accordance
with Article 170, paragraph 4;
(c) be used to compensate developing States in accordance with
Article 151, paragraph 10, and Article 160, paragraph 2(1).
Article 174
Borrowing power of the Authority
1. The Authority shall have the power to borrow funds.
2. The Assembly shall prescribe the limits on the borrowing power of
the Authority in the financial regulations adopted pursuant to Article
160, paragraph 2(f).
3. The Council shall exercise the borrowing power of the Authority.
4. States Parties shall not be liable for the debts of the Authority.
Article 175
Annual audit
The records, books and account of the Authority, including its annual
financial statements, shall be audited annually by an independent auditor
appointed by the Assembly.
SUBSECTION G. LEGAL STATUS, PRIVILEGES AND IMMUNITIES
Article 176
Legal status
The Authority shall have international legal personality and such
legal capacity as may be necessary for the exercise of its functions and
the fulfilment of its purposes.
Article 177
Privileges and immunities
To enable the Authority to exercise its functions, it shall enjoy in
the territory of each State Party the privileges and immunities set forth
in this subsection. The privileges and immunities relating to the
Enterprise shall be those set forth in Annex IV, Article 13.
Article 178
Immunity from legal process
The Authority, its property and assets, shall enjoy immunity from
legal process except to the extent that the Authority expressly waives
this immunity in a particular case.
Article 179
Immunity from search and any form of seizure
The property and assets of the Authority, wherever located and by
whomsoever held, shall be immune from search, requisition, confiscation,
expropriation or any other form of seizure by executive or legislative
action.
Article 180
Exemption from restrictions, regulations, controls and moratoria
The property and assets of the Authority shall be exempt from
restrictions, regulations, controls and moratoria of any nature.
Article 181
Archives and official communications of the Authority
1. The archives of the Authority, wherever located, shall be
inviolable.
2. Proprietary data, industrial secrets or similar information and
personnel records shall not be placed in archives which are open to public
inspection.
3. With regard to its official communications, the authority shall be
accorded by each State Party treatment no less favourable than that
accorded by that State to other international organisations.
Article 182
Privileges and immunities of certain persons connected with the
Authority
Representatives of States Parties attending meetings of the Assembly,
the Council or organs of the Assembly or the Council, and the
Secretary-General and staff of the Authority, shall enjoy in the
territory of each State Party:
(a) immunity from legal process with respect to acts performed by
them in the exercise of their functions, except to the extent that the
State which they represent or the Authority, as appropriate, expressly
waives this immunity in a particular case;
(b) if they are not nationals of that State Party, the same
exemptions from immigration restrictions, alien registration requirements
and national service obligations, the same facilities as regards exchange
restrictions and the same treatment in respect of travelling facilities as
are accorded by that State to the representatives, officials and employees
of comparable rank of other States Parties.
Article 183
Exemption from taxes and customs duties
1. Within the scope of its official activities, the Authority, its
assets and property, its income, and its operations and transactions,
authorised by this Convention, shall be exempt from all direct taxation
and goods imported or exported for its official use shall be exempt from
all customs duties. The Authority shall not claim exemption from taxes
which are no more than charges for services rendered.
2. When purchases of goods or services of substantial value necessary
for the official activities of the Authority are made by or on behalf of
the Authority, and when the price of such goods or services includes taxes
or duties, appropriate measures shall, to the extent practicable, be
taken by States Parties to grant exemption from such taxes or duties or
provide for their reimbursement. Goods imported or purchased under an
exemption provided for in this Article shall not be sold or otherwise
disposed of in the territory of the State Party which granted the
exemption, except under conditions agreed with that State Party.
3. No tax shall be levied by States Parties on or in respect of
salaries and emoluments paid or any other form of payment made by the
Authority to the Secretary-General and staff of the Authority, as well as
experts performing missions for the Authority, who are not their
nationals.
SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS AND PRIVILEGESOF MEMBERS
Article 184
Suspension of the exercise of voting rights
A State Party which is in arrears in the payment of its financial
contributions to the Authority shall have no vote if the amount of its
arrears equals or exceeds the amount of the contributions due from it for
the preceding two full years. The Assembly may, nevertheless, permit such
a member to vote if it is satisfied that the failure to pay is due to
conditions beyond the control of the member.
Article 185
Suspension of exercise of rights and privileges of membership
1. A State Party which has grossly and persistently violated the
provisions of this Part may be suspended from the exercise of the rights
and privileges of membership by the Assembly upon the recommendation of
the Council.
2. No action may be taken under paragraph 1 until the Sea-Bed Disputes
Chamber has found that a State Party has grossly and persistently violated
the provisions of this Part.
SECTION 5. SETTLEMENT OF DISPUTES AND ADVISORY OPINIONS
Article 186
Sea-Bed Disputes Chamber of the International Tribunal for the Law of
the Sea
The establishment of the Sea-Bed Disputes Chamber and the manner in
which it shall exercise its jurisdiction shall be governed by the
provisions of this section, of Part XV and of Annex VI.
Article 187
Jurisdiction of the Sea-Bed Disputes Chamber
The Sea-Bed Disputes Chamber shall have jurisdiction under this Part
and the Annexes relating thereto in disputes with respect to activities in
the Area falling within the following categories:
(a) disputes between States Parties concerning the interpretation
or application of this Part and the Annexes relating thereto;
(b) disputes between a State Party and the Authority concerning:
(i) acts or omissions of the Authority or of a State Party
alleged to be in violation of this Part or the Annexes relating thereto or
of rules, regulations and procedures of the Authority adopted in
accordance therewith; or
(ii) acts of the Authority alleged to be in excess of
jurisdiction or a misuse of power;
(c) disputes between parties to a contract, being States Parties,
the Authority or the Enterprise, state enterprises and natural or
juridical persons referred to in Article 153, paragraph 2(b), concerning:
(i) the interpretation or application of a relevant contract
or a plan of work; or
(ii) acts or omissions of a party to the contract relating to
activities in the Area and directed to the other party or directly
affecting its legitimate interests;
(d) disputes between the Authority and a prospective contractor
who has been sponsored by a State as provided in Article 153, paragraph
2(b), and has duly fulfilled the conditions referred to in Annex III,
Article 4, paragraph 6, and Article 13, paragraph 2, concerning the
refusal of a contract or a legal issue arising in the negotiation of the
contract;
(e) disputes between the Authority and a State Party, a state
enterprise or a natural or juridical person sponsored by a State Party as
provided for in Article 153, paragraph 2(b), where it is alleged that the
Authority has incurred liability as provided in Annex III, Article 22;
(f) any other disputes for which the jurisdiction of the Chamber
is specifically provided in this Convention.
Article 188
Submission of disputes to a special chamber of the International
Tribunal for the Law of the Sea or an ad hoc chamber of the Sea-Bed
Disputes Chamber or to binding commercial arbitration
1. Disputes between State Parties referred to in Article 187,
subparagraph (a), may be submitted:
(a) at the request of the parties to the dispute, to special
chamber of the International Tribunal for the Law of the Sea to be formed
in accordance with Annex VI, Articles 15 and 17; or
(b) at the request of any party to the dispute, to an ad hoc
chamber of the Sea-Bed Disputes Chamber to be formed in accordance with
Annex VI, Article 36.
2. (a) Disputes concerning the interpretation or application of a
contract referred to in Article 187, subparagraph (c)(i), shall be
submitted, at the request of any party to the dispute, to binding
commercial arbitration, unless the parties otherwise agree. A commercial
arbitral tribunal to which the dispute is submitted shall have no
jurisdiction to decide any question of interpretation of this Convention.
When the dispute also involves a question of the interpretation of Part XI
and the Annexes relating thereto, with respect of 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 determines, either at the request of any party
to the dispute or proprio motu, that its decision depends upon a ruling of
the Sea-Bed Disputes Chamber, the arbitral tribunal shall refer such
question to the Sea-Bed Disputes Chamber for such ruling. The arbitral
tribunal shall then proceed to render its award in conformity with the
ruling of the 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.
Article 189
Limitation on jurisdiction with regard to decisions of the Authority
The Sea-Bed Disputes Chamber shall have no jurisdiction with regard to
the exercise by the Authority of its discretionary powers in accordance
with this Part; in no case shall it substitute its discretion for that of
the Authority. Without prejudice to Article 191, in exercising its
jurisdiction pursuant to Article 187, the Sea-Bed Disputes Chamber shall
not pronounce itself on the question of whether any rules, regulations and
procedures of the Authority are in conformity with this Convention, nor
declare invalid any such rules, regulations and procedures. Its
jurisdiction in this regard shall be confined to deciding claims that the
application of any rules, regulations and procedures of the Authority in
individual cases would be in conflict with the contractual obligations of
the parties to the dispute or their obligations under this Convention,
claims concerning excess of jurisdiction or misuse of power, and to claims
for damages to be paid or other remedy to be given to the party concerned
for the failure of the other party to comply with its contractual
obligations or its obligations under this Convention.
Article 190
Participation and appearance of sponsoring States Parties in
proceedings
1. If a natural or juridical person is a party to a dispute referred
to in Article 187, the sponsoring State shall be given notice thereof and
shall have the right to participate in the proceedings by submitting
written or oral statements.
2. If an action is brought against a State Party by a natural or
juridical person sponsored by another State Party in a dispute referred to
in Article 187, subparagraph (c), the respondent State may request the
State sponsoring that person to appear in the proceedings on behalf of
that person. Failing such appearance, the respondent State may arrange to
be represented by a juridical person of its nationality.
Article 191
Advisory opinions
The Sea-Bed Disputes Chamber shall give advisory opinions at the
request of the Assembly or the Council on legal questions arising within
the scope of their activities. Such opinions shall be given as a matter of
urgency.
PART XII PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
SECTION 1. GENERAL PROVISIONS
Article 192
General obligation
States have the obligation to protect and preserve the marine
environment.
Article 193
Sovereign right of States to exploit their natural resources
States have the sovereign right to exploit their natural resources
pursuant to their environmental policies and in accordance with their duty
to protect and preserve the marine environment.
Article 194
Measures to prevent, reduce and control pollution of the marine
environment
1. States shall take, individually or jointly as appropriate, all
measures consistent with this Convention that are necessary to prevent,
reduce and control pollution of the marine environment from any source,
using for this purpose the best practicable means at their disposal and in
accordance with their capabilities, and they shall endeavour to 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 in accordance with this Convention.
3. The measures taken pursuant to this Part shall deal with all
sources of pollution of the marine environment. These measures shall
include, inter alia, those designed to 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 unintentional discharges, and
regulating the design, construction, equipment, operation and manning of
vessels;
(c) pollution from installations and devices used in exploration
or exploitation of the natural resources of the sea-bed and subsoil, in
particular measures for preventing accidents and dealing with emergencies,
ensuring the safety of operations at sea, and regulating the design,
construction, equipment, operation and manning of such installations or
devices;
(d) pollution from other installations and devices operating in
the marine environment, in particular measures for preventing accidents
and dealing with emergencies, ensuring the safety of operations at sea,
and regulating the design, construction, equipment, operation and manning
of such installations or devices.
4. In taking measures to prevent, reduce or control pollution of the
marine environment, States shall refrain from unjustifiable interference
with activities carried out by other States in the exercise of their
rights and in pursuance of their duties in conformity with this
Convention.
5. The measures taken in accordance with this Part shall include those
necessary to protect and preserve rare and fragile ecosystems as well as
the habitat of depleted, threatened or endangered species and other forms
of marine life.
Article 195
Duty not to transfer damage or hazards or transform one type of
pollution into another
In taking measures to prevent, reduce and control pollution of the
marine environment, States shall act so as not to transfer, directly or
indirectly, damage or hazards from one area to another or transform one
type of pollution into another.
Article 196
Use of technologies or introduction of alien or new species
1. States shall take all measures necessary to prevent, reduce and
control pollution of the marine environment resulting from the use of
technologies under their jurisdiction or control, or the intentional or
accidental introduction of species, alien or new, to a particular part of
the marine environment, which may cause significant and harmful changes
thereto.
2. This Article does not affect the application of this Convention
regarding the prevention, reduction and control of pollution of the
marine environment.
SECTION 2. GLOBAL AND REGIONAL CO-OPERATION
Article 197
Co-operation on a global or regional basis
States shall co-operate on a global basis and, as appropriate, on a
regional basis, directly or through competent international organisations,
in formulating and elaborating international rules, standards and
recommended practices and procedures consistent with this Convention, for
the protection and preservation of the marine environment, taking into
account characteristic regional features.
Article 198
Notification of imminent or actual damage
When a State becomes aware of cases in which the marine environment is
in imminent danger of being damaged or has been damaged by pollution, it
shall immediately notify other States it deems likely to be affected by
such damage, as well as the competent international 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 co-operate, 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 plans for responding
to pollution incidents in the marine environment.
Article 200
Studies, research programmes and exchange of information and data
States shall co-operate, directly or through competent international
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.
Article 201
Scientific criteria for regulations
In the light of the information and data acquired pursuant to Article
200, States shall co-operate, directly or through competent international
organisations, in establishing appropriate scientific criteria for the
formulation and elaboration of rules, standards and recommended practices
and procedures for the prevention, reduction and control of pollution of
the marine environment.
SECTION 3. TECHNICAL ASSISTANCE
Article 202
Scientific and technical assistance to developing States
States shall, directly or through competent international
organisations:
(a) promote programmes of scientific, educational, technical and
other assistance to developing States for the protection and preservation
of the marine environment and the prevention, reduction and control of
marine pollution. Such assistance shall include, inter alia:
(i) training of their scientific and technical personnel;
(ii) facilitating their participation in relevant
international programmes;
(iii) supplying them with necessary equipment and facilities;
(iv) enhancing their capacity to manufacture such equipment;
(v) advice on and developing facilities for research,
monitoring, educational and other programmes;
(b) provide appropriate assistance, especially to developing
States, for the minimisation of the effects of major incidents which may
cause serious pollution of the marine environment;
(c) provide appropriate assistance, especially to developing
States, concerning the preparation of environmental assessments.
Article 203
Preferential treatment for developing States
Developing States shall, for the purposes of prevention, reduction and
control of pollution of the marine environment or minimisation of its
effects, be granted preference by international organisations in:
(a) the allocation of appropriate funds and technical assistance;
and
(b) the utilisation of their specialised services.
SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT
Article 204
Monitoring of the risks or effects of pollution
1. States shall, consistent with the rights of other States,
endeavour, as far as practicable, directly or through the competent
international organisations, to observe, 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.
Article 205
Publication of reports
States shall publish reports of the results obtained pursuant to
Article 204 or provide such reports at appropriate intervals to the
competent international organisation, which should make them available to
all States.
Article 206
Assessment of potential effects of activities
When States have reasonable grounds for believing that planned
activities under their jurisdiction or control may cause substantial
pollution of or significant and harmful changes to the marine environment,
they shall, as far as practicable, assess the potential effects of such
activities on the marine environment and shall communicate reports of the
results of such assessments in the manner provided in Article 205.
SECTION 5. INTERNATIONAL RULE AND NATIONAL LEGISLATION TO PREVENT,REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT
Article 207
Pollution from land-based sources
1. States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment from land-based sources,
including rivers, estuaries, pipelines and outfall structures, taking into
account internationally agreed rules, standards and recommended practices
and procedures.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. States shall endeavour to harmonise their policies in this
connection at the appropriate regional level.
4. States, acting especially through competent 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 from land-based sources, taking into account characteristic
regional features, the economic capacity of developing States and their
need for economic development. Such rules, standards and recommended
practices and procedures shall be re-examined from time to time as
necessary.
5. Laws, regulations, measures, rules, standards and recommended
practices and procedures referred to in paragraphs 1, 2 and 4 shall
include those designed to minimise, to the fullest extent possible, the
release of toxic, harmful or noxious substances, especially those which
are persistent, into the marine environment.
Article 208
Pollution from sea-bed activities subject to national jurisdiction
1. Coastal States shall adopt laws and regulations to prevent, reduce
and control pollution of the marine environment arising from or in
connection with sea-bed activities subject to their jurisdiction and from
artificial islands, installations and structures under their jurisdiction,
pursuant to Articles 60 and 80.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. Such laws, regulations and measures shall be no less effective than
international rules, standards and recommended practices and procedures.
4. States shall endeavour to harmonise their policies in this
connection at the appropriate regional level.
5. States, acting especially through competent 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 recommended practices and
procedures shall be re-examined from time to time as necessary.
Article 209
Pollution from activities in the Area
1. International rules, regulations and procedures shall be
established in accordance with Part XI to prevent, reduce and control
pollution of the marine environment from activities in the Area. Such
rules, regulations and procedures shall be re-examined from time to time
as necessary.
2. Subject to the relevant provisions of this section, States shall
adopt laws and regulations to prevent, reduce and control pollution of the
marine environment from activities in the Area undertaken by vessels,
installations, structures and other devices flying their flag or of their
registry or operating under their authority, as the case may be. The
requirements of such laws and regulations shall be no less effective than
the international rules, regulations and procedures referred to in
paragraph 1.
Article 210
Pollution by dumping
1. States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment by dumping.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. Such laws, regulations and measures shall ensure that dumping is
not carried out without the permission of the competent authorities of
States.
4. States, acting especially through competent international
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 vessel
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 routing 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
coastal States. Such rules and standards shall, in the same manner, be
re-examined from time to time as necessary.
2. States shall adopt laws and regulations for the prevention,
reduction and control of pollution of the marine environment from vessels
flying their flag or of their registry. Such laws and regulations shall at
least have the same effect as that of generally accepted international
rules and standards established through the competent international
organisation or general diplomatic conference.
3. States which establish particular requirements for the prevention,
reduction and control of pollution of the marine environment as a
condition for the entry of foreign vessels into their ports or internal
waters or for a call at their off-shore terminals shall give due publicity
to such requirements and shall communicate them to the competent
international 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 co-operative arrangements. Every State shall require the master of a
vessel flying its flag or of its registry, when navigating within the
territorial sea of a State participating in such co-operative
arrangements, to furnish, upon the request of that State, information as
to whether it is proceeding to a State of the same region participating in
such co-operative arrangements and, if so, to indicate whether it complies
with the port entry requirements of that State. This Article is without
prejudice to the continued exercise by a vessel of its right of innocent
passage or to the application of Article 25, paragraph 2.
4. Coastal States may, in the exercise of their sovereignty within
their territorial sea, adopt laws and regulations for the prevention,
reduction and control of marine pollution from foreign vessels, including
vessels exercising the right of innocent passage. Such laws and
regulations shall, in accordance with Part II, section 3, not hamper
innocent passage of foreign vessels.
5. Coastal States, for the purpose of enforcement as provided for in
section 6, may in respect of their exclusive economic zones adopt laws and
regulations for the prevention, reduction and control of pollution from
vessels conforming to and giving effect to generally accepted
international rules and standards established through the competent
international 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 pollution
from vessels is required for recognised technical reasons in relation to
its oceanographical and ecological conditions, as well as its utilization
or the protection of its resources and the particular character of its
traffic, the coastal States, after appropriate consultations through the
competent international organisation with any other States concerned, may,
for that area, direct a communication to that organisation, submitting
scientific and technical evidence in support and information on necessary
reception facilities. Within 12 months after receiving such a
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
laws and regulations for the prevention, reduction and control of
pollution from vessels implementing such international rules and standards
or navigational practices as are made applicable, through the
organisation, for special areas. These laws and regulations shall not
become applicable to foreign vessels until 15 months after the submission
of the communication to the organisation.
(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 relate to discharges or navigational
practices but shall not require foreign vessels to observe design,
construction, manning or equipment standards other than generally accepted
international rules and standards; they shall become applicable to foreign
vessels 15 months after the submission of the communication to the
organisation, provided that the organisation agrees within 12 months after
the submission of the communication.
7. The international rules and standards referred to in this Article
should include inter alia those relating to prompt notification to coastal
States, whose coastline or related interests may be affected by incidents,
including maritime casualties, which involve discharges or probability of
discharges.
Article 212
Pollution from or through the atmosphere
1. States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment from or through the
atmosphere, applicable to the air space under their sovereignty and to
vessels flying their flag or vessels or aircraft of their registry, taking
into account internationally agreed rules, standards and recommended
practices and procedures and the safety of air navigation.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. States, acting especially through competent international
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.
SECTION 6. ENFORCEMENT
Article 213
Enforcement with respect to pollution from land-based sources
States shall enforce their laws and regulations adopted in accordance
with Article 207 and shall adopt laws and regulations and take other
measures necessary to implement applicable international rules and
standards established through competent international organisations or
diplomatic conference to prevent, reduce and control pollution of the
marine environment from land-based sources.
Article 214
Enforcement with respect to pollution from sea-bed activities
States shall enforce their laws and regulations adopted in accordance
with Article 208 and shall adopt laws and regulations and take other
measures necessary to implement applicable international rules and
standards established through competent international organisations or
diplomatic conference to prevent, reduce and control pollution of the
marine environment arising from or in connection with sea-bed activities
subject to their jurisdiction and from artificial islands, installations
and structures under their jurisdiction, pursuant to Articles 60 and 80.
Article 215
Enforcement with respect to pollution from activities in the Area
Enforcement of international rules, regulations and procedures
established in accordance with Part XI to prevent, reduce and control
pollution of the marine environment from activities in the Area shall be
governed by that Part.
Article 216
Enforcement with respect to pollution by dumping
1. Laws and regulations adopted in accordance with this Convention and
applicable international rules and standards established through competent
international organisations or diplomatic conference for the prevention,
reduction and control of pollution of the marine environment by dumping
shall be enforced:
(a) by the coastal State with regard to dumping within its
territorial sea or its exclusive economic zone or onto its continental
shelf;
(b) by the flag State with regard to vessels flying its flag or
vessels or aircraft of its registry;
(c) by any State with regard to acts of loading of wastes or other
matter occurring within its territory or at its off-shore terminals.
2. No State shall be obliged by virtue of this Article to institute
proceedings when another State has already instituted proceedings in
accordance with this Article.
Article 217
Enforcement by flag States
1. States shall ensure compliance by vessels flying their flag or of
their registry with applicable international rules and standards,
established through the competent international organisation or general
diplomatic conference, and with their laws and regulations adopted in
accordance with this Convention for the prevention, reduction and control
of pollution of the marine environment from vessels and shall accordingly
adopt laws and regulations and take over measures necessary for their
implementation. Flag States shall provide for the effective enforcement of
such rules, standards, laws and regulations, irrespective of where a
violation occurs.
2. States shall, in particular, take appropriate measures in order to
ensure that vessels flying their flag or of their registry are prohibited
from sailing, until they can proceed to sea in compliance with the
requirements of the international rules and standards referred to in
paragraph 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.
4. If a vessel commits a violation of rules and standards established
through the competent 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 investigation of the violation may
request the assistance of any other State whose co-operation could be
useful in clarifying the circumstances of the case. States shall endeavour
to meet appropriate requests of flag States.
6. States shall, at the written request of any State, investigate any
violation alleged to have been committed by vessels flying their flag. If
satisfied that sufficient evidence is available to enable proceedings to
be brought in respect of the alleged violation, flag States shall without
delay institute such proceedings in accordance with their laws.
7. Flag States shall promptly inform the requesting State and the
competent international organisation of the action taken and its outcome.
Such information shall be available to all States.
8. Penalties provided for by the laws and regulations of States for
vessels flying their flag shall be adequate in severity to discourage
violations wherever they occur.
Article 218
Enforcement by port States
1. When a vessel is voluntarily within a port or at an off-shore
terminal of a State, that State may undertake investigations and, where
the evidence so warrants, institute proceedings in respect of any
discharge from that vessel outside the internal waters, territorial sea or
exclusive economic zone of that State in violation of applicable
international rules and standards established through the competent
international 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 to section 7, be
suspended at the request of the coastal State when the violation has
occurred within its internal waters, territorial sea or exclusive economic
zone. The evidence and records of the case, together with any bond or
other financial security posted with the authorities of the port State,
shall in that event be transmitted to the coastal State. Such transmittal
shall preclude the continuation of proceedings in the port State.
Article 219
Measures relating to seaworthiness of vessels to avoid pollution
Subject to section 7, States which, upon request or on their own
initiative, have ascertained that a vessel within one of their ports or at
one of their 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, upon removal of the causes of the violation,
shall permit the vessel to continue immediately.
Article 220
Enforcement by coastal States
1. When a vessel is voluntarily within a port or at an off-shore
terminal of a State, that State may, subject to section 7, institute
proceedings in respect of any violation of its laws and regulations
adopted in accordance with this Convention or applicable international
rules and standards for the prevention, reduction and control of pollution
from vessels when the violation has occurred within the territorial sea or
the exclusive economic zone of that State.
2. Where there are clear grounds for believing that a vessel
navigating in the territorial sea of a State has, during its passage
therein, violated laws and regulations of that State adopted in accordance
with this Convention or applicable international rules and standards for
the prevention, reduction and control of pollution from vessels, that
State, without prejudice to the application of the relevant provisions of
Part II, section 3, may undertake physical inspection of the vessel
relating to the violation and may, where the evidence so warrants,
institute proceedings, including detention of the vessel, in accordance
with its laws, subject to the provisions of section 7.
3. Where there are clear grounds for believing that a vessel
navigating in the exclusive economic zone or the territorial sea of a
State has, in the exclusive economic zone, committed a violation of
applicable international rules and standards for the prevention, reduction
and control of pollution from vessels or laws and regulations of that
State conforming and giving effect to such rules and standards, that State
may require the vessel to give information regarding its identity and port
of registry, its last and its next port of call and the relevant
information required to establish whether a violation has occurred.
4. States shall adopt laws and regulations and take other measures so
that vessels flying their flag comply with requests for information
pursuant to paragraph 3.
5. Where there are clear grounds for believing that a vessel
navigating in the exclusive economic zone or the territorial sea of a
State has, in the exclusive economic zone, committed a violation referred
to in paragraph 3 resulting in a substantial discharge causing or
threatening significant pollution of the marine environment, that State
may undertake physical inspection of the vessel for matters relating to
the violation if the vessel has refused to give information or if the
information supplied by the vessel is manifestly at variance with the
evident factual situation and if the circumstances of the case justify
such inspection.
6. Where there is clear objective evidence that a vessel navigating in
the exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation referred to in paragraph 3
resulting in a discharge causing major damage or threat of major damage to
the coastline or related interests of the coastal State, or to any
resources of its territorial sea or exclusive economic zone, that State
may, subject to section 7, provided that the evidence so warrants,
institute proceedings, including detention of the vessel, in accordance
with its laws.
7. Notwithstanding the provisions of paragraph 6, whenever appropriate
procedures have been established, either through the competent
international 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,
paragraph 6.
Article 221
Measures to avoid pollution arising from maritime casualties
1. Nothing in this Part shall prejudice the right of States, pursuant
to international law, both customary and conventional, to take and
enforce measures beyond the territorial sea proportionate to the actual or
threatened damage to protect their coastline or related interests,
including fishing, from pollution or threat of pollution following upon a
maritime casualty or acts relating to such a casualty, which may
reasonably be expected to result in major harmful consequences.
2. For the purpose of this Article, "maritime casualty" means a
collision of vessels, stranding or other incident of navigation, or other
occurrence on board a vessel or external to it resulting in material
damage or imminent threat of material damage to a vessel or cargo.
Article 222
Enforcement with respect to pollution from or through the atmosphere
States shall enforce, within the air space under their sovereignty or
with regard to vessels flying their flag or vessels or aircraft of their
registry, their laws and regulations adopted in accordance with Article
212, paragraph 1, and with other provisions of this Convention and shall
adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent
international 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
In proceedings instituted pursuant to this Part, States shall take
measures to facilitate the hearing of witnesses and the admission of
evidence submitted by authorities of another State, or by the competent
international 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.
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.
Article 225
Duty to avoid adverse consequences in the exercise of the powers of
enforcement
In the exercise under this Convention of their powers of enforcement
against foreign vessels, States shall not endanger the safety of
navigation or otherwise create any hazard to a vessel, or bring it to an
unsafe port or anchorage, or expose the marine environment to an
unreasonable risk.
Article 226
Investigation of foreign vessels
1. (a) States shall not delay a foreign vessel longer than is
essential for purposes of the investigations provided for in Articles 216,
218 and 220. Any physical inspection of a foreign vessel shall be limited
to an examination of such certificates, records or other documents as the
vessel is required to carry by generally accepted international rules and
standards or of any similar documents which it is carrying; further
physical inspection of the vessel may be undertaken only after such an
examination and only when:
(i) there are clear grounds for believing that the condition
of the vessel or its equipment does not correspond substantially with the
particulars of those documents;
(ii) the contents of such documents are not sufficient to
confirm or verify a suspected violation; or
(iii) the vessel is not carrying valid certificates and
records.
(b) If the investigation indicates a violation of applicable laws
and regulations or international rules and standards for the protection
and preservation of the marine environment, release shall be made
promptly subject to reasonable procedures such as bonding or other
appropriate financial security.
(c) Without prejudice to applicable international rules and
standards relating to the seaworthiness of vessels, the release of a
vessel may, whenever it would present an unreasonable threat of damage to
the marine environment, be refused or made conditional upon proceeding to
the nearest appropriate repair yard. Where release has been refused or
made conditional, the flag State of the vessel must be promptly notified,
and may seek release of the vessel in accordance with Part XV.
2. States shall co-operate to develop procedures for the avoidance of
unnecessary physical inspection of vessels at sea.
Article 227
Non-discrimination with respect to foreign vessels
In exercising their rights and performing their duties under this
Part, States shall not discriminate in form or in fact against vessels of
any other State.
Article 228
Suspension and restrictions on institution of proceedings
1. Proceedings to impose penalties in respect of any violation of
applicable laws and regulations or international rules and standards
relating to the prevention, reduction and control of pollution from
vessels committed by a foreign vessel beyond the territorial sea of the
State instituting proceedings shall be suspended upon the taking of
proceedings to impose penalties in respect of corresponding charges by the
flag State within six months of the date on which proceedings were first
instituted, unless those proceedings relate to a case of major damage to
the coastal State or the flag State in question has repeatedly disregarded
its obligations to enforce effectively the applicable international rules
and standards in respect of violations committed by its vessels. The flag
State shall in due course make available to the State previously
instituting proceedings a full dossier of the case and the records of the
proceedings, whenever the flag State has requested the suspension of
proceedings in accordance with this Article. When proceedings instituted
by the flag State have been brought to a conclusion, the suspended
proceedings shall be terminated. Upon payment of costs incurred in respect
of such proceedings, any bond posted or other financial security provided
in connection with the suspended proceedings shall be released by the
coastal State.
2. Proceedings to impose penalties on foreign vessels shall not be
instituted after the expiry of three years from the date on which the
violation was committed, and shall not be taken by any State in the event
of proceedings having been instituted by another State subject to the
provisions set out in paragraph 1.
3. The provisions of this Article are without prejudice to the right
of the flag State to take any measures, including proceedings to impose
penalties, according to its laws irrespective of prior proceedings by
another State.
Article 229
Institution of civil proceedings
Nothing in this Convention affects the institution of civil
proceedings in respect of any claim for loss or damage resulting from
pollution of the marine environment.
Article 230
Monetary penalties and the observance of 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.
3. In the conduct of proceedings in respect of such 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 immediately informed of any such measures taken pursuant
to section 6 against foreign vessels.
Article 232
Liability of States arising from enforcement measures
States shall be liable for damage or loss attributable to them arising
from measures taken pursuant to section 6 when such measures are unlawful
or exceed those reasonably required in the light of available information.
States shall provide for recourse in their courts for actions in respect
of such damage or loss.
Article 233
Safeguards with respect to straits used for international navigation
Nothing in sections 5, 6 and 7 affects the legal regime of straits
used for international navigation. However, if a foreign ship other than
those referred to in section 10 has committed a violation of the laws and
regulations referred to in Article 42, paragraph 1 (a) and (b), causing or
threatening major damage to the marine environment of the straits, the
States bordering the straits may take appropriate enforcement measures and
if so shall respect mutatis mutandis the provisions of this section.
SECTION 8. ICE-COVERED AREAS
Article 234
Ice-covered areas
Coastal States have the right to adopt and enforce non-discriminatory
laws and regulations for the prevention, reduction and control of marine
pollution from vessels in ice-covered areas within the limits of the
exclusive economic zone, where particularly severe climatic conditions and
the presence of ice covering such areas for most of the year create
obstructions or exceptional hazards to navigation, and pollution of the
marine environment could cause major harm to or irreversible disturbance
of the ecological balance. Such laws and regulations shall have due regard
to navigation and the protection and preservation of the marine
environment based on the best available scientific evidence.
SECTION 9. RESPONSIBILITY AND LIABILITY
Article 235
Responsibility and liability
1. States are responsible for the fulfilment of their international
obligations concerning the protection and preservation of the marine
environment. They shall be liable in accordance with international law.
2. States shall ensure that recourse is available in accordance with
their legal systems for prompt and adequate compensation or other relief
in respect of damage caused by pollution of the marine environment by
natural or juridical persons under their jurisdiction.
3. With the objective of assuring prompt and adequate compensation in
respect of all damage caused by pollution of the marine environment,
States shall co-operate in the implementation of existing international
law and the further development of international law relating to
responsibility and liability for the assessment of and compensation for
damage and the settlement of related disputes, as well as, where
appropriate, development of criteria and procedures for payment of
adequate compensation, such as compulsory insurance or compensation funds.
SECTION 10. SOVEREIGN IMMUNITY
Article 236
Sovereign immunity
The provisions of this Convention regarding the protection and
preservation of the marine environment do not apply to any warship, naval
auxiliary, other vessels or aircraft owned or operated by a State and
used, for the time being, only on government non-commercial service.
However, each State shall ensure, by the adoption of appropriate measures
not impairing operations or operational capabilities of such vessels or
aircraft owned or operated by it, that such vessels or aircraft act in a
manner consistent, so far as is reasonable and practicable, with this
Convention.
SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS ON THE PROTECTIONAND PRESERVATION OF THE MARINE ENVIRONMENT
Article 237
Obligations under other conventions on the protection and preservation
of the marine environment
1. The provisions of this Part are without prejudice to the specific
obligations assumed by States under special conventions and agreements
concluded previously which relate to the protection and preservation of
the marine environment and to agreements which may be concluded in
furtherance of the general principles set forth in this Convention.
2. Specific obligations assumed by States under special conventions,
with respect to the protection and preservation of the marine environment,
should be carried out in a manner consistent with the general principles
and objectives of this Convention.
PART XIII MARINE SCIENTIFIC RESEARCH
SECTION 1. GENERAL PROVISIONS
Article 238
Right to conduct marine scientific research
All States, irrespective of their geographical location, and competent
international organisations have the right to conduct marine scientific
research subject to the rights and duties of other States as provided for
in this Convention.
Article 239
Promotion of marine scientific research
States and competent international organisations shall promote and
facilitate the development and conduct of marine scientific research in
accordance with this Convention.
Article 240
General principles for the conduct of marine scientific research
In the conduct of marine scientific research the following principles
shall apply:
(a) marine scientific research shall be conducted exclusively for
peaceful purposes;
(b) marine scientific research shall be conducted with appropriate
scientific methods and means compatible with this Convention;
(c) marine scientific research shall not unjustifiably interfere
with other legitimate uses of the sea compatible with this Convention and
shall be duly respected in the course of such uses;
(d) marine scientific research shall be conducted in compliance
with all relevant regulations adopted in conformity with this Convention
including those for the protection and preservation of the marine
environment.
Article 241
Non-recognition of marine scientific research activities as the legal
basis for claims
Marine scientific research activities shall not constitute the legal
basis for any claim to any part of the marine environment or its
resources.
SECTION 2. INTERNATIONAL CO-OPERATION
Article 242
Promotion of international co-operation
1. States and competent international organisations shall, in
accordance with the principle of respect for sovereignty and jurisdiction
and on the basis of mutual benefit, promote international co-operation in
marine scientific research for peaceful purposes.
2. In this context, without prejudice to the rights and duties of
States under this Convention, a State, in the application of this Part,
shall provide, as appropriate, other States with a reasonable opportunity
to obtain from it, or with its co-operation, information necessary to
prevent and control damage to the health and safety of persons and to the
marine environment.
Article 243
Creation of favourable conditions
States and competent international organisations shall co-operate,
through the conclusion of bilateral and multilateral agreements, to create
favourable conditions for the conduct of marine scientific research in the
marine environment and to integrate the efforts of scientists in studying
the essence of phenomena and processes occurring in the marine environment
and the interrelations between them.
Article 244
Publication and dissemination of information and knowledge
1. States and competent international 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 co-operation
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 to developing States, as well as the strengthening of the
autonomous marine scientific research capabilities of developing States
through, inter alia, programmes to provide adequate education and training
of their technical and scientific personnel.
SECTION 3. CONDUCT AND PROMOTION OF MARINE SCIENTIFIC RESEARCH
Article 245
Marine scientific research in the territorial sea
Coastal States, in the exercise of their sovereignty, have the
exclusive right to regulate, 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.
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 on their continental shelf in accordance
with the relevant provisions of this Convention.
2. Marine scientific research in the exclusive economic zone and on
the continental shelf shall be conducted with the consent of the coastal
State.
3. Coastal States shall, in normal circumstances, grant their consent
for marine scientific research projects by other States or competent
international organisations in their exclusive economic zone or on their
continental shelf to be carried out in accordance with this Convention
exclusively for peaceful purposes and in order to increase scientific
knowledge of the marine environment for the benefit of all mankind. To
this end, coastal States shall establish rules and procedures ensuring
that such consent will not be delayed or denied unreasonably.
4. For the purposes of applying paragraph 3, normal circumstances may
exist in spite of the absence of diplomatic relations between the coastal
State and the researching State.
5. Coastal States may however in their discretion withhold their
consent to the conduct of a marine scientific research project of another
State or competent international 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 competent international organisation has
outstanding obligations to the coastal State from a prior research
project.
6. Notwithstanding the provisions of paragraph 5, coastal States may
not exercise their discretion to withhold consent under subparagraph (a)
of that paragraph in respect of marine scientific research projects to be
undertaken in accordance with the provisions of this Part on the
continental shelf, beyond 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured, outside those specific
areas which coastal States may at any time publicly designate as areas in
which exploitation or detailed exploratory operations focused on those
areas are occurring or will occur within a reasonable period of time.
Coastal States shall give reasonable notice of the designation of such
areas, as well as any modifications thereto, but shall not be obliged to
give details of the operations therein.
7. The provisions of paragraph 6 are without prejudice to the rights
of coastal States over the continental shelf as established in Article 77.
8. Marine scientific research activities referred to in this Article
shall not unjustifiably interfere with activities undertaken by coastal
States in the exercise of their sovereign rights and jurisdiction provided
for in this Convention.
Article 247
Marine scientific research projects undertaken by or under the
auspices of international 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 specification if that State approved the detailed project when
the decision was made by the organisation for the undertaking of the
project, or is willing to participate in it, and has not expressed any
objection within four months of notification of the project by the
organisation to the coastal State.
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;
(c) the precise geographical areas in which the project is to be
conducted;
(d) the expected date of first appearance and final departure of
the research vessels, or deployment of the equipment and its removal, as
appropriate;
(e) the name of the sponsoring institution, its director, and the
person in charge of the project; and
(f) the extent to which it is considered that the coastal State
should be able to participate or to be represented in the project.
Article 249
Duty to comply with certain conditions
1. States and competent international organisations when undertaking
marine scientific research in the exclusive economic zone or on the
continental shelf of a coastal State shall comply with the following
conditions:
(a) ensure the right of the coastal State, if it so desires, to
participate or be represented in the marine scientific research project,
especially on board research vessels and other craft or scientific
research installations, when practicable, without payment of any
remuneration to the scientists of the coastal State and without obligation
to contribute towards the costs of the project;
(b) provide the coastal State, at its request, with preliminary
reports, as soon as practicable, and with the final results and
conclusions after the completion of the research;
(c) undertake to provide access for the coastal State, at its
request, to all data and samples derived from the marine scientific
research project and likewise to furnish it with data which may be copied
and samples which may be divided without detriment to their scientific
value;
(d) if requested, provide the coastal State with an assessment of
such data, samples and research results or provide assistance in their
assessment or interpretation;
(e) ensure, subject to paragraph 2, that the research results are
made internationally available through appropriate national or
international channels, as soon as practicable;
(f) inform the coastal State immediately of any major change in
the research programme;
(g) unless otherwise agreed, remove the scientific research
installations or equipment once the research is completed.
2. This Article is without prejudice to the conditions established by
the laws and regulations of the coastal State for the exercise of its
discretion to grant or withhold consent pursuant to Article 246, paragraph
5, including requiring prior agreement for making internationally
available the research results of a project of direct significance for the
exploration and exploitation of natural resources.
Article 250
Communications concerning marine scientific research projects
Communications concerning the marine scientific research projects
shall be made through appropriate official channels, unless otherwise
agreed.
Article 251
General criteria and guidelines
States shall seek to promote through competent international
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 upon which
the information required pursuant to Article 248 was provided to the
coastal State unless within four months of the receipt of the
communication containing such information the coastal State has informed
the State 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 upon 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 competent international
organisations authorised to conduct marine scientific research activities
shall terminate the research activities that are the subject of such a
notification.
5. An order of suspension under paragraph 1 shall be lifted by the
coastal State and the marine scientific research activities allowed to
continue once the researching State or competent international
organisation has complied with the conditions required under Articles 248
and 249.
Article 254
Rights of neighbouring land-locked and geographically disadvantaged
States
1. States and competent international organisations which have
submitted to a coastal State a project to undertake marine scientific
research referred to in Article 246, paragraph 3, shall give notice to
the neighbouring land-locked and geographically disadvantaged States of
the proposed research project, and shall notify the coastal State thereof.
2. After the consent has been given for the proposed marine scientific
research project by the coastal State concerned, in accordance with
Article 246 and other relevant provisions of this Convention, States and
competent international 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, paragraph 1 (f).
3. The neighbouring land-locked and geographically disadvantaged
States referred to above shall, at their request, be given the opportunity
to participate, whenever feasible, in the proposed marine scientific
research project through qualified experts appointed by them and not
objected to by the coastal State, in accordance with the conditions agreed
for the project, in conformity with the provisions of this Convention,
between the coastal State concerned and the State or competent
international organisations conducting the marine scientific research.
4. States and competent international organisations referred to in
paragraph 1 shall provide to the above-mentioned land-locked and
geographically disadvantaged States, at their request, the information
and assistance specified in Article 249, paragraph 1 (d), subject to the
provisions of Article 249, paragraph 2.
Article 255
Measures to facilitate marine scientific research and assist research
vessels
States shall endeavour to adopt reasonable rules, regulations and
procedures to promote and facilitate marine scientific research conducted
in accordance with this Convention beyond their territorial sea and, as
appropriate, to facilitate, subject to the provisions of their laws and
regulations, access to their harbours and promote assistance for marine
scientific research vessels which comply with the relevant provisions of
this Part.
Article 256
Marine scientific research in the Area
All States, irrespective of their geographical location, and competent
international organisations have the right, in conformity with the
provisions of Part XI, to conduct marine scientific research in the Area.
Article 257
Marine scientific research in the water column beyond the exclusive
economic zone
All States, irrespective of their geographical location, and competent
international organisations have the right, in conformity with this
Convention, to conduct marine scientific research in the water column
beyond the limits of the exclusive zone.
SECTION 4. SCIENTIFIC RESEARCH INSTALLATIONS OR EQUIPMENT IN THEMARINE ENVIRONMENT
Article 258
Deployment and use
The deployment and use of any type of scientific research
installations or equipment in any area of the marine environment shall be
subject to the same conditions as are prescribed in this Convention for
the conduct of marine scientific research in any such area.
Article 259
Legal status
The installations or equipment referred to in this section do not
possess the status of islands. They have no territorial sea of their own,
and their presence does not affect the delimitation of the territorial
sea, the exclusive economic zone or the continental shelf.
Article 260
Safety zones
Safety zones of a reasonable breadth not exceeding a distance of 500
metres may be created around scientific research installations in
accordance with the relevant provisions of this Convention. All States
shall ensure that such safety zones are respected by their vessels.
Article 261
Non-interference with shipping routes
The deployment and use of any type of scientific research
installations or equipment shall not constitute an obstacle to established
international shipping routes.
Article 262
Identification markings and warning signals
Installations or equipment referred to in this section shall bear
identification markings indicating the State of registry or the
international organisation to which they belong and shall have adequate
internationally agreed warning signals to ensure safety at sea and the
safety of air navigation, taking into account rules and standards
established by competent international organisations.
SECTION 5. RESPONSIBILITY AND LIABILITY
Article 263
Responsibility and liability
1. States and competent international organisations shall be
responsible for ensuring that marine scientific research, whether
undertaken by them or on their behalf, is conducted in accordance with
this Convention.
2. States and competent international 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 or juridical persons or by competent international
organisations, and shall provide compensation for damage resulting from
such measures.
3. States and competent international organisations shall be
responsible and liable pursuant to Article 235 for damage caused by
pollution of the marine environment arising out of marine scientific
research undertaken by them or on their behalf.
SECTION 6. SETTLEMENT OF DISPUTES AND INTERIM MEASURES
Article 264
Settlement of disputes
Disputes concerning the interpretation or application of the
provisions of this Convention with regard to marine scientific research
shall be settled in accordance with Part XV, sections 2 and 3.
Article 265
Interim measures
Pending settlement of a dispute in accordance with Part XV, sections 2
and 3, the State or competent international 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 co-operate in accordance with their capabilities to promote actively
the development and transfer of marine science and marine technology on
fair and reasonable terms and conditions.
2. States shall promote the development of the marine scientific and
technological capacity of States which may need and request technical
assistance in this field, particularly developing States, including
land-locked and geographically disadvantaged States, with regard to the
exploration, exploitation, conservation and management of marine
resources, the protection and preservation of the marine environment,
marine scientific research and other activities in the marine environment
compatible with this Convention, with a view to accelerating the social
and economic development of the developing States.
3. States shall endeavour to foster favourable economic and legal
conditions for the transfer of marine technology for the benefit of all
parties concerned on an equitable basis.
Article 267
Protection of legitimate interests
States, in promoting co-operation pursuant to Article 266, shall have
due regard for all legitimate interests including, inter alia, the rights
and duties of holders, suppliers and recipients of marine technology.
Article 268
Basic objectives
States, directly or through competent international organisations,
shall promote:
(a) the acquisition, evaluation and dissemination of marine
technological knowledge and facilitate access to such information and
data;
(b) the development of appropriate marine technology;
(c) the development of the necessary technological infrastructure
to facilitate the transfer of marine technology;
(d) the development of human resources through training and
education of nationals of developing States and countries and especially
the nationals of the least developed among them;
(e) international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.
Article 269
Measures to achieve the basic objectives
In order to achieve the objectives referred to in Article 268, States,
directly or through competent international organisations, shall
endeavour, inter alia, to:
(a) establish programmes of technical co-operation for the
effective transfer of all kinds of marine technology to States which may
need and request technical assistance in this field, particularly the
developing land-locked and geographically disadvantaged States, as well as
other developing States which have not been able either to establish or
develop their own technological capacity in marine science and in the
exploration and exploitation of marine resources or to develop the
infrastructure of such technology;
(b) promote favourable conditions for the conclusion of
agreements, contracts and other similar arrangements, under equitable and
reasonable conditions;
(c) hold conferences, seminars and symposia on scientific and
technological subjects, in particular on policies and methods for the
transfer of marine technology;
(d) promote the exchange of scientists and of technological and
other experts;
(e) undertake projects and promote joint ventures and other forms
of bilateral and multilateral co-operation.
SECTION 2. INTERNATIONAL CO-OPERATION
Article 270
Ways and means of international co-operation
International co-operation for the development and transfer of marine
technology shall be carried out, where feasible and appropriate, through
existing bilateral, regional or multilateral programmes, and also through
expanded and new programmes in order to facilitate marine scientific
research, the transfer of marine technology, particularly in new fields,
and appropriate international funding for ocean research and development.
Article 271
Guidelines, criteria and standards
States, directly or through competent international organisations,
shall promote the establishment of generally accepted guidelines, criteria
and standards for the transfer of marine technology on a bilateral basis
or within the framework of international organisations and other form,
taking into account, in particular, the interests and needs of developing
States.
Article 272
Co-ordination of international programmes
In the field of transfer of marine technology, States shall endeavour
to ensure that competent international organisations co-ordinate their
activities, including any regional or global programmes, taking into
account the interests and needs of developing States, particularly
landlocked and geographically disadvantaged States.
Article 273
Co-operation with international organisations and the Authority
States shall co-operate actively with competent international
organisations and the Authority to encourage and facilitate the transfer
to developing States, their nationals and the Enterprise of skills and
marine technology with regard to activities in the Area.
Article 274
Objectives of the Authority
Subject to all legitimate interests including, inter alia, the rights
and duties of holders, suppliers and recipients of technology, the
Authority, with regard to activities in the Area, shall ensure that:
(a) on the basis of the principle of equitable geographical
distribution, nationals of developing States, whether coastal, land-locked
or geographically disadvantaged, shall be taken on for the purposes of
training as members of the managerial, research and technical staff
constituted for its undertakings;
(b) the technical documentation on the relevant equipment,
machinery, devices and processes is made available to all States, in
particular developing States which may need and request technical
assistance in this field;
(c) adequate provision is made by the Authority to facilitate the
acquisition of technical assistance in the field of marine technology by
States which may need and request it, in particular developing States, and
the acquisition by their nationals of the necessary skills and know-how,
including professional training;
(d) States which may need and request technical assistance in this
field, in particular developing States, are assisted in the acquisition of
necessary equipment, processes, plant and other technical know-how
through any financial arrangements provided for in this Convention.
SECTION 3. NATIONAL AND REGIONAL MARINE SCIENTIFIC AND TECHNOLOGI-CAL 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 their 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
1. States, in co-ordination with the competent 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.
| 1 | 2 | 3 | 4 | 5 |
|