| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
Article 104
Retention or loss of the nationality of a pirate ship or aircraft
A ship or aircraft may retain its nationality although it has become a
pirate ship or aircraft. The retention or loss of nationality is
determined by the law of the State from which such nationality was
derived.
Article 105
Seizure of a pirate ship or aircraft
On the high seas, or in any other place outside the jurisdiction of
any State, every State may seize a pirate ship or aircraft, or a ship or
aircraft taken by piracy and under the control of pirates, and arrest the
persons and seize the property on board. The courts of the State which
carried out the seizure may decide upon the penalties to be imposed, and
may also determine the action to be taken with regard to the ships,
aircraft or property, subject to the rights of third parties acting in
good faith.
Article 106
Liability for seizure without adequate grounds
Where the seizure of a ship or aircraft on suspicion of piracy has
been effected without adequate grounds, the State making the seizure shall
be liable to the State the nationality of which is possessed by the ship
or aircraft for any loss or damage caused by the seizure.
Article 107
Ships and aircraft which are entitled to seize on account of piracy
A seizure on account of piracy may be carried out only by warships or
military aircraft, or other ships or aircraft clearly marked and
identifiable as being on government service and authorised to that effect.
Article 108
Illicit traffic in narcotic drugs or psychotropic substances
1. All States shall co-operate in the suppression of illicit traffic
in narcotic drugs and psychotropic substances engaged in by ships on the
high seas contrary to international conventions.
2. Any State which has reasonable grounds for believing that a ship
flying its flag is engaged in illicit traffic in narcotic drugs or
psychotropic substances may request the co-operation of other States to
suppress such traffic.
Article 109
Unauthorised broadcasting from the high seas
1. All States shall co-operate 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.
3. Any person engaged in unauthorised broadcasting may be prosecuted
before the court of:
(a) the flag State of the ship;
(b) the State of registry of the installation;
(c) the State of which the person is a national;
(d) any State where the transmissions can be received; or
(e) any State where 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 unauthorised broadcasting and seize the broadcasting apparatus.
Article 110
Right of visit
1. Except where acts of interference derive from powers conferred by
treaty, a warship which encounters on the high seas a foreign ship, other
than a ship entitled to complete immunity in accordance with Articles 95
and 96, is not justified in boarding it unless there is reasonable ground
for suspecting that:
(a) the ship is engaged in piracy;
(b) the ship is engaged in the slave trade;
(c) the ship is engaged in unauthorised broadcasting and the flag
State of the warship has jurisdiction under Article 109;
(d) the ship is without nationality; or
(e) though flying a foreign flag or refusing to show its flag, the
ship is, in reality, of the same nationality as the warship.
2. In the cases provided for in paragraph 1, the warship may proceed
to verify the ship's right to fly its flag. To this end, it may send a
boat under the command of an officer to the suspected ship. If suspicion
remains after the documents have been checked, it may proceed to a further
examination on board the ship, which must be carried out with all possible
consideration.
3. If the suspicions prove to be unfounded, and provided that the ship
boarded has not committed any act justifying them, it shall be compensated
for any loss or damage that may have been sustained.
4. These provisions apply mutatis mutandis to military aircraft.
5. These provisions also apply to any other duly authorised ships or
aircraft clearly marked and identifiable as being on government service.
Article 111
Right of hot pursuit
1. The hot pursuit of a foreign ship may be undertaken when the
competent authorities of the coastal State have good reason to believe
that the ship has violated the laws and regulations of that State. Such
pursuit must be commenced when the foreign ship or one of its boats is
within the internal waters, the archipelagic waters, the territorial sea
or the contiguous zone of the pursuing State, and may only be continued
outside the territorial sea or the contiguous zone if the pursuit has not
been interrupted. It is not necessary that, at the time when the foreign
ship within the territorial sea or the contiguous zone receives the order
to stop, the ship giving the order should likewise be within the
territorial sea or the contiguous zone. If the foreign ship is within a
contiguous zone, as defined in Article 33, the pursuit may only be
undertaken if there has been a violation of the rights for the protection
of which the zone was established.
2. The right of hot pursuit shall apply mutatis mutandis to violations
in the exclusive economic zone or on the continental shelf, including
safety zones around continental shelf installations, of the laws and
regulations of the coastal State applicable in accordance with this
Convention to the exclusive economic zone or the continental shelf,
including such safety zones.
3. The right of hot pursuit ceases as soon as the ship pursued enters
the territorial sea of its own State or of a third State.
4. Hot pursuit is not deemed to have begun unless the pursuing ship
has satisfied itself by such practicable means as may be available that
the ship pursued or one of its boats or other craft working as a team and
using the ship pursued as a mother ship is within the limits of the
territorial sea, or, as the case may be, within the contiguous zone or the
exclusive economic zone or above the continental shelf. The pursuit may
only be commenced after a visual or auditory signal to stop has been given
at a distance which enables it to be seen or heard by the foreign ship.
5. The right of hot pursuit may be exercised only by warships or
military aircraft, or other ships or aircraft clearly marked and
identifiable as being on government service and 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.
8. Where a ship has been stopped or arrested outside the territorial
sea in circumstances which do not justify the exercise of the right of hot
pursuit, it shall be compensated for any loss or damage that may have been
thereby sustained.
Article 112
Right to lay submarine cables and pipelines
1. All States are entitled to lay submarine cables and pipelines on
the bed of the high seas beyond the continental shelf.
2. Article 79, paragraph 5, applies to such cables and pipelines.
Article 113
Breaking or injury of a submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to provide
that the breaking or injury by a ship flying its flag or by a person
subject to its jurisdiction of a submarine cable beneath the high seas
done wilfully or through culpable negligence, in such a manner as to be
liable to interrupt or obstruct telegraphic or telephonic communications,
and similarly the breaking or injury of a submarine pipeline or
high-voltage power cable, shall be a punishable offence. This provision
shall apply also to conduct calculated or likely to result in such
breaking or injury. However, it shall not apply to any break or injury
caused by persons who acted merely with the legitimate object of saving
their lives or their ships, after having taken all necessary precautions
to avoid such break or injury.
Article 114
Breaking or injury by owners of a submarine cable or pipeline of
another submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to provide
that, if persons subject to its jurisdiction who are the owners of a
submarine cable or pipeline beneath the high seas, in laying or repairing
that cable or pipeline, cause a break in or injury to another cable or
pipeline, they shall bear the cost of the repairs.
Article 115
Indemnity for loss incurred in avoiding injury to a submarine cable or
pipeline
Every State shall adopt the laws and regulations necessary to ensure
that the owners of ships who can prove that they have sacrificed an
anchor, a net or any other fishing gear, in order to avoid injuring a
submarine cable or pipeline, shall be indemnified by the owner of the
cable or pipeline, provided that the owner of the ship has taken all
reasonable precautionary measures beforehand.
SECTION 2. CONSERVATION AND MANAGEMENT OF THE LIVING RESOURCES OFTHE HIGH SEAS
Article 116
Right to fish on the high seas
All States have the right for their nationals to engage in fishing on
the high seas subject to:
(a) their treaty obligations;
(b) the rights and duties as well as the interests of coastal
States provided for, inter alia, in Article 63, paragraph 2, and Articles
64 to 67, and
(c) the provisions of this section.
Article 117
Duty of States to adopt with respect to their nationals measures for
the conservation of the living resources of the high seas
All States have the duty to take, or to co-operate with other States
in taking, such measures for their respective nationals as may be
necessary for the conservation of the living resources of the high seas.
Article 118
Co-operation of States in the conservation and management of living
resources
States shall co-operate with each other in the conservation and
management of living resources in the areas of the high seas. States whose
nationals exploit identical living resources, or different living
resources in the same area, shall enter into negotiations with a view to
taking the measures necessary for the conservation of the living resources
concerned. They shall, as appropriate, co-operate to establish subregional
or regional fisheries organisations to this end.
Article 119
Conservation of the living resources of the high seas
1. In determining the allowable catch and establishing other
conservation measures for the living resources in the high seas, States
shall:
(a) take measures which are designed, on the best scientific
evidence available to the States concerned, to maintain or restore
populations of harvested species at levels which can produce the maximum
sustainable yield, as qualified by relevant environmental and economic
factors, including the special requirements of developing States, and
taking into account fishing patterns, the interdependence of stocks and
any generally recommended international minimum standards, whether
subregional, regional or global;
(b) take into consideration the effects on species associated with
or dependent upon harvested species with a view to maintaining or
restoring populations of such associated or dependent species above levels
at which their reproduction may become seriously threatened.
2. Available scientific information, catch and fishing effort
statistics, and other data relevant to the conservation of fish stocks
shall be contributed and exchanged on a regular basis through competent
international organisations, whether subregional, regional or global,
where appropriate and with participation by all States concerned.
3. States concerned shall ensure that conservation measures and their
implementation do not discriminate in form or in fact against the
fishermen of any State.
Article 120
Marine mammals
Article 65 also applies to the conservation and management of marine
mammals in the high seas.
PART VIII REGIME OF ISLANDS
Article 121
Regime of islands
1. An island is a naturally formed area of land, surrounded by water,
which is above water at high tide.
2. Except as provided for in paragraph 3, the territorial sea, the
contiguous zone, the exclusive economic zone and the continental shelf of
an island are determined in accordance with the provisions of this
Convention applicable to other land territory.
3. Rocks which cannot sustain human habitation or economic life of
their own shall have no exclusive economic zone or continental shelf.
PART IX ENCLOSED OR SEMI-ENCLOSED SEAS
Article 122
Definition
For the purposes of this Convention, `enclosed or semi-enclosed sea'
means a gulf, basin, or sea surrounded by two or more States and
connected to another sea or the ocean by a narrow outlet or consisting
entirely or primarily of the territorial seas and exclusive economic zones
of two or more coastal States.
Article 123
Co-operation of States bordering enclosed or semi-enclosed seas
States bordering an enclosed or semi-enclosed sea should co-operate
with each other in the exercise of their rights and in the performance of
their duties under this Convention. To this end they shall endeavour,
directly or through an appropriate regional organisation:
(a) to co-ordinate the management, conservation, exploration and
exploitation of the living resources of the sea;
(b) to co-ordinate the implementation of their rights and duties
with respect to the protection and preservation of the marine environment;
(c) to co-ordinate their scientific research policies and
undertake where appropriate joint programmes of scientific research in the
area;
(d) to invite, as appropriate, other interested States or
international organisations to cooperate with them in furtherance of the
provisions of this Article.
PART X RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEAAND FREEDOM OF TRANSIT
Article 124
Use of terms
1. For the purposes of this Convention:
(a) `land-locked State' means a State which has no sea-coast;
(b) `transit State' means a State, with or without a sea-coast,
situated between a landlocked State and the sea through whose territory
traffic in transit passes;
(c) `traffic in transit' means transit of persons, baggage, goods
and means of transport across the territory of one or more transit States,
when the passage across such territory, with or without trans-shipment,
warehousing, breaking bulk or change in the mode of transport, is only a
portion of a complete journey which begins or terminates within the
territory of the land-locked State;
(d) `means of transport' means:
(i) railway rolling stock, sea, lake and river craft and road
vehicles;
(ii) where local conditions so require, porters and pack
animals.
2. Land-locked States and transit States may, by agreement between
them, include as means of transport pipelines and gas lines and means of
transport other than those included in paragraph 1.
Article 125
Right of access to and from the sea and freedom of transit
1. Land-locked States shall have the right of access to and from the
sea for the purpose of exercising the rights provided for in this
Convention including those relating to the freedom of the high seas and
the common heritage of mankind. To this end, land-locked States shall
enjoy freedom of transit through the territory of transit States by all
means of transport.
2. The terms and modalities for exercising freedom of transit shall be
agreed between the land-locked States and transit States concerned through
bilateral, subregional or regional agreements.
3. Transit States, in the exercise of their full sovereignty over
their territory, shall have the right to take all measures necessary to
ensure that the rights and facilities provided for in this Part for
land-locked States shall in no way infringe their legitimate interests.
Article 126
Exclusion of application of the most-favoured-nation clause
The provisions of this Convention, as well as special agreements
relating to the exercise of the right of access to and from the sea,
establishing rights and facilities on account of the special geographical
position of land-locked States, are excluded from the application of the
most-favoured-nation clause.
Article 127
Customs duties, taxes and other charges
1. Traffic in transit shall not be subject to any customs duties,
taxes or other charges except charges levied for specific services
rendered in connection with such traffic.
2. Means of transport in transit and other facilities provided for and
used by land-locked States shall not be subject to taxes or charges higher
than those levied for the use of means of transport of the transit State.
Article 128
Free zones and other customs facilities
For the convenience of traffic in transit, free zones or other customs
facilities may be provided at the ports of entry and exit in the transit
States, by agreement between those States and the land-locked States.
Article 129
Co-operation in the construction and improvement of means of transport
Where there are no means of transport in transit States to give effect
to the freedom of transit or where the existing means, including the port
installations and equipment, are inadequate in any respect, the transit
States and land-locked States concerned may co-operate in constructing or
improving them.
Article 130
Measures to avoid or eliminate delays or other difficulties of a
technical nature in traffic in transit
1. Transit States shall take all appropriate measures to avoid delays
or other difficulties of a technical nature in traffic in transit.
2. Should such delays or difficulties occur, the competent authorities
of the transit States and land-locked States concerned shall co-operate
towards their expeditious elimination.
Article 131
Equal treatment in maritime ports
Ships flying the flag of land-locked States shall enjoy treatment
equal to that accorded to other foreign ships in maritime ports.
Article 132
Grant of greater transit facilities
This Convention does not entail in any way the withdrawal of transit
facilities which are greater than those provided for in this Convention
and which are agreed between States Parties to this Convention or granted
by a State Party. This Convention also does not preclude such grant of
greater facilities in the future.
PART XI THE AREA
SECTION 1. GENERAL PROVISIONS
Article 133
Use of terms
For the purposes of this Part:
(a) `resources' means all solid, liquid or gaseous mineral
resources in situ in the Area at or beneath the sea-bed, including
poly-metallic 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 deposits of, and publicity to be given
to, the charts or lists of geographical co-ordinates showing the limits
referred to in Article 1, paragraph 1, are set forth in Part VI.
4. Nothing in this Article affects the establishment of the outer
limits of the continental shelf in accordance with Part VI or the validity
of agreements relating to delimitation between States with opposite or
adjacent coasts.
Article 135
Legal status of the superjacent waters and air space
Neither this Part nor any rights granted or exercised pursuant thereto
shall affect the legal status of the waters superjacent to the Area or
that of the air space above those waters.
SECTION 2. PRINCIPLES GOVERNING THE AREA
Article 136
Common heritage of mankind
The Area and its resources are the common heritage of mankind.
Article 137
Legal status of the Area and its resources
1. No State shall claim or exercise sovereignty or sovereign rights
over any part of the Area or its resources, nor shall any State or natural
or juridical person appropriate any part thereof. No such claim or
exercise of sovereignty or sovereign rights nor such appropriation shall
be 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 138
General conduct of States in relation to the Area
The general conduct of States in relation to the Area shall be in
accordance with the provisions of this Part, the principles embodied in
the Charter of the United Nations and other rules of international law in
the interests of maintaining peace and security and promoting
international co-operation and mutual understanding.
Article 139
Responsibility to ensure compliance and liability for damage
1. States Parties shall have the responsibility to ensure that
activities in the Area, whether carried out by States Parties, or state
enterprises or natural or juridical persons which possess the nationality
of State 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, paragraph 2(b),
if the State Party has taken all necessary and appropriate measures to
secure effective compliance under Article 153, paragraph 4, and Annex III,
Article 4, paragraph 4.
3. States Parties that are members of international 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 full independence
or other self-governing status recognised by the United Nations in
accordance with General Assembly resolution 1514 (XV) and other relevant
General Assembly resolutions.
2. The Authority shall provide for the equitable sharing of financial
and other economic benefits derived from activities in the Area through
any appropriate mechanism, on a non-discriminatory basis, in accordance
with Article 160, paragraph 2(f)(i).
Article 141
Use of the Area exclusively for peaceful purposes
The Area shall be open to use exclusively for peaceful purposes by all
States, whether coastal or land-locked, without discrimination and without
prejudice to the other provisions of this Part.
Article 142
Rights and legitimate interests of coastal States
1. Activities in the Area, with respect to resource deposits in the
Area which lie across limits of national jurisdiction, shall be conducted
with due regard to the rights and legitimate interests of any coastal
State across whose jurisdiction such deposits lie.
2. Consultations, including a system of prior notification, shall be
maintained with the State concerned, with a view to avoiding infringement
of such rights and interests. In cases where activities in the Area may
result in the exploitation of resources lying within national
jurisdiction, the prior consent of the coastal State concerned shall be
required.
3. Neither this Part nor any rights granted or exercised pursuant
thereto shall affect the rights of coastal States to take such measures
consistent with the relevant provisions of Part XII as may be necessary to
prevent, mitigate or eliminate grave and imminent danger to their
coastline, or related interests from pollution or threat thereof or from
other hazardous occurrences resulting from or caused by any activities in
the Area.
Article 143
Marine scientific research
1. Marine scientific research in the Area shall be carried out
exclusively for peaceful purposes and for the benefit of mankind as a
whole, in accordance with Part XIII.
2. The Authority may carry out marine scientific research concerning
the Area and its resources, and may enter into contracts for that
purpose. The Authority shall promote and encourage the conduct of marine
scientific research in the Area, and shall co-ordinate and disseminate the
results of such research and analysis when available.
3. States Parties may carry out marine scientific research in the
Area. States Parties shall promote international co-operation in marine
scientific research in the Area by:
(a) participating in international programmes and encouraging
co-operation in marine scientific research by personnel of different
countries and of the Authority;
(b) ensuring that programmes are developed through the Authority
or other international 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 co-operate in
promoting the transfer of technology and scientific knowledge relating to
activities in the Area so that the Enterprise and all States Parties may
benefit therefrom. In particular they shall initiate and promote:
(a) programmes for the transfer of technology to the Enterprise
and to developing States with regard to activities in the Area, including,
inter alia, facilitating the access of the Enterprise and of developing
States to the relevant technology, under fair and reasonable terms and
conditions;
(b) measures directed towards the advancement of the technology of
the Enterprise and the domestic technology of developing States,
particularly by providing opportunities to personnel from the Enterprise
and from developing States for training in marine science and technology
and for their full participation in activities in the Area.
Article 145
Protection of the marine environment
Necessary measures shall be taken in accordance with this Convention
with respect to activities in the Area to ensure effective protection for
the marine environment from harmful effects which may arise from such
activities. To this end the Authority shall adopt appropriate rules,
regulations and procedures for inter alia:
(a) the prevention, reduction and control of pollution and other
hazards to the marine environment, including the coastline, and of
interference with the ecological balance of the marine environment,
particular attention being paid to the need for protection from harmful
effects of such activities as drilling, dredging, excavation, disposal of
waste, construction and operation or maintenance of installations,
pipelines and other devices related to such activities;
(b) the protection and conservation of the natural resources of
the Area and the prevention of damage to the flora and fauna of the marine
environment.
Article 146
Protection of human life
With respect to activities in the Area, necessary measures shall be
taken to ensure effective protection of human life. To this end the
Authority shall adopt appropriate rules, regulations and procedures to
supplement existing international law as embodied in relevant treaties.
Article 147
Accommodation of activities in the Area and in the marine environment
1. Activities in the Area shall be carried out with reasonable regard
for other activities in the marine environment.
2. Installations used for carrying out activities in the Area shall be
subject to the following conditions:
(a) such installations shall be erected, emplaced and removed
solely in accordance with this Part and subject to the rules, regulations
and procedures of the Authority. Due notice must be given of the erection,
emplacement and removal of such installations, and permanent means for
giving warning of their presence must be maintained;
(b) such installations may not be established where interference
may be caused to the use of 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
special need of the land-locked and geographically disadvantaged among
them to overcome obstacles arising from their disadvantaged location,
including remoteness from the Area and difficulty of access to and from
it.
Article 149
Archaeological and historical objects
All objects of an archaeological and historical nature found in the
Area shall be preserved or disposed of for the benefit of mankind as a
whole, particular regard being paid to the preferential rights of the
State or country of origin, or the State of cultural origin, or the State
of historical and archaeological origin.
SECTION 3. DEVELOPMENT OF RESOURCES OF THE AREA
Article 150
Policies relating to activities in the Area
Activities in the Area shall, as specifically provided for in this
Part, be carried out in such a manner as to foster healthy development of
the world economy and balanced growth of international trade, and to
promote international co-operation for the over-all development of all
countries, especially developing States, and with a view to ensuring:
(a) the development of the resources of the Area;
(b) orderly, safe and rational management of the resources of the
Area, including the efficient conduct of activities in the Area and, in
accordance with sound principles of conservation, the avoidance of
unnecessary waste;
(c) the expansion of opportunities for participation in such
activities consistent in particular with Articles 144 and 148;
(d) participation in revenues by the Authority and the transfer of
technology to the Enterprise and developing States as provided for in this
Convention;
(e) increased availability of the minerals derived from the Area
as needed in conjunction with minerals derived from other sources, to
ensure supplies to consumers of such minerals;
(f) the promotion of just and stable prices remunerative to
producers and fair to consumers for minerals derived both from the Area
and from other sources, and the promotion of long-term equilibrium between
supply and demand;
(g) the enhancement of opportunities for all States Parties,
irrespective of their social and economic systems or geographical
location, to participate in the development of the resources of the Area
and the prevention of monopolisation of activities in the Area;
(h) the protection of developing countries from adverse effects on
their economies or on their export earnings resulting from a reduction in
the price of an affected mineral, or in the volume of exports of that
mineral, to the extent that such reduction is caused by activities in the
Area, as provided in Article 151;
(i) the development of the common heritage for the benefit of
mankind as a whole; and
(j) conditions of access to markets for the imports of minerals
produced from the resources of the Area and for imports of commodities
produced from such minerals shall not be more favourable than the most
favourable applied to imports from other sources.
Article 151
Production policies
1. (a) Without prejudice to the objectives set forth in Article 150
and for the purpose of implementing subparagraph (h) of that Article, the
Authority, acting through existing forums or such new arrangements or
agreements as may be appropriate, in which all interested parties,
including both producers and consumers, participate, shall take measures
necessary to promote the growth, efficiency and stability of markets for
those commodities produced from the minerals derived from the Area, at
prices remunerative to producers and fair to consumers. All States Parties
shall co-operate to this end.
(b) The Authority shall have the right to participate in any
commodity conference dealing with those commodities and in which all
interested parties including both producers and consumers participate. The
Authority shall have the right to become a party to any arrangement or
agreement resulting from such conferences. Participation of the Authority
in any organs established under those arrangements or agreements shall be
in respect of production in the Area and in accordance with the relevant
rules of those organs.
(c) The Authority shall carry out its obligations under the
arrangements or agreements referred to in this paragraph in a manner which
assures a uniform and non-discriminatory implementation in respect of all
production in the Area of the minerals concerned. In doing so, the
Authority shall act in a manner consistent with the terms of existing
contracts and approved plans of work of the Enterprise.
2. (a) During the interim period specified in paragraph 3, commercial
production shall not be undertaken pursuant to an approved plan of work
until the operator has applied for and has been issued a production
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 the application for the 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 January 1, 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 in the said arrangements or agreements should lapse or become
ineffective for any reason whatsoever.
4. (a) The production ceiling for any year of the interim period shall
be the sum of:
(i) the difference between the trend line values for nickel
consumption, as calculated pursuant to subparagraph (b), for the year
immediately prior to the year of the earliest commercial production and
the year immediately prior to the commencement of the interim period; and
(ii) sixty per cent of the difference between the trend line
values for nickel consumption, as calculated pursuant to subparagraph (b),
for the year for which the production authorisation is being applied for
and the year immediately prior to the year of the earliest commercial
production.
(b) For the purposes of subparagraph (a):
(i) trend line values used for computing the nickel production
ceiling shall be those annual nickel consumption values on a trend line
computed during the year in which a production authorisation is issued.
The trend line shall be derived from a linear regression of the logarithms
of actual nickel consumption for the most recent 15-year period for which
such data are available, time being the independent variable. This trend
line shall be referred to as the original trend line;
(ii) if the annual rate of increase of the original trend line
is less than 3 per cent, then the trend line used to determine the
quantities referred to in subparagraph (a) shall instead be one passing
through the original trend line at the value for the first year of the
relevant 15-year period, and increasing at 3 per cent annually; provided
however that the production ceiling established for any year of the
interim period may not in any case exceed the difference between the
original trend line value for that year and the original trend line value
for the year immediately prior to the commencement of the interim period.
5. The Authority shall reserve to the Enterprise for its initial
production a quantity of 38,000 metric tonnes of nickel from the available
production ceiling calculated pursuant to paragraph 4.
6. (a) An operator may in any year produce less than or up to 8 per
cent more than the level of annual production of minerals from
polymetallic nodules specified in his production authorisation, provided
that the over-all amount of production shall not exceed that specified in
the authorisation. Any excess over 8 per cent and up to 20 per cent in any
year, or any excess in the first and subsequent years following two
consecutive years in which excesses occur, shall be negotiated with the
Authority, which may require the operator to obtain a supplementary
production authorisation to cover additional production.
(b) Applications for such supplementary production authorisations
shall be considered by the Authority only after all pending applications
by operators who have not yet received production authorisations have been
acted upon and due account has been taken of other likely applicants. The
Authority shall be guided by the principle of not exceeding the total
production allowed under the production ceiling in any year of the interim
period. It shall not authorise the production under any plan of work of a
quantity in excess of 46,500 metric tonnes of nickel per year.
7. The levels of production of other metals such as copper, cobalt and
manganese extracted from the polymetallic nodules that are recovered
pursuant to a production 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 from polymetallic nodules,
under such conditions and applying such methods as may be appropriate by
adopting regulations in accordance with Article 161, paragraph 8.
10. Upon the recommendation of the Council on the basis of advice from
the Economic Planning Commission, the Assembly shall establish a system of
compensation or take other measures of economic adjustment assistance
including co-operation with 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.
Article 152
Exercise of powers and functions by the Authority
1. The Authority shall avoid discrimination in the exercise of its
powers and functions, including the granting of opportunities for
activities in the Area.
2. Nevertheless, special consideration for developing States,
including particular consideration for the land-locked and geographically
disadvantaged among them, specifically provided for in this Part shall be
permitted.
Article 153
System of exploration and exploitation
1. Activities in the Area shall be 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 rules, regulations and procedures of the
Authority.
2. Activities in the Area shall be carried out as prescribed in
paragraph 3:
(a) by the Enterprise, and
(b) in association with the Authority by States Parties, or state
enterprises or natural or juridical persons which possess the nationality
of States Parties or are effectively controlled by them or their
nationals, when sponsored by such States, or any group of the foregoing
which meets the requirements provided in this Part and in Annex III.
3. Activities in the Area shall be carried out in accordance with a
formal written plan of work drawn up in accordance with Annex III and
approved by the Council after review by the Legal and Technical
Commission. In the case of activities in the Area carried out as
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 contracts may provide for joint arrangements in
accordance with Annex III, Article 11.
4. The Authority shall exercise such control over activities in the
Area as is necessary for the purpose of securing compliance with the
relevant provisions of this Part and the Annexes relating thereto, and the
rules, regulations and procedures of the Authority, and the plans of work
approved in accordance with paragraph 3. States Parties shall assist the
Authority by taking all measures necessary to ensure such compliance in
accordance with Article 139.
5. The Authority shall have the right to take at any time any measures
provided for under this Part to ensure compliance with its provisions and
the exercise of the functions of control and regulation assigned to it
thereunder or under any contract. The Authority shall have the right to
inspect all installations in the Area used in connection with activities
in the Area.
6. A contract under paragraph 3 shall provide for security of tenure.
Accordingly, the contract shall not be revised, suspended or terminated
except in accordance with Annex III, Articles 18 and 19.
Article 154
Periodic review
Every five years from the entry into force of this Convention, the
Assembly shall undertake a general and systematic review of the manner in
which the international regime of the Area established in this Convention
has operated in practice. In the light of this review the Assembly may
take, or recommend that other organs take, measures in accordance with the
provisions and procedures of this Part and the Annexes relating thereto
which will lead to the improvement of the operation of the regime.
Article 155
The Review Conference
1. Fifteen years from January 1, of the year in which the earliest
commercial production commences under an approved plan of work, the
Assembly shall convene a conference for the review of those provisions of
this Part and the relevant Annexes which govern the system of exploration
and exploitation of the resources of the Area. The Review Conference shall
consider in detail, in the light of the experience acquired during that
period:
(a) whether the provisions of this Part which govern the system of
exploration and exploitation of the resources of the Area have achieved
their aims in all respects, including whether they have benefited mankind
as a whole;
(b) whether, during the 15-year period, reserved areas have been
exploited in an effective and balanced manner in comparison with
non-reserved areas;
(c) whether the development and use of the Area and its resources
have been undertaken in such a manner as to foster healthy development of
the world economy and balanced growth of international trade;
(d) whether monopolisation of activities in the Area has been
prevented;
(e) whether the policies set forth in Articles 150 and 151 have
been fulfilled; and
(f) whether the system has resulted in the equitable sharing of
benefits derived from activities in the Area, taking into particular
consideration the interests and needs of the developing States.
2. The Review Conference shall ensure the maintenance of the principle
of the common heritage of mankind, the international regime designed to
ensure equitable exploitation of the resources of the Area for the benefit
of all countries, especially the developing States, and an Authority to
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.
5. Amendments adopted by the Review Conference pursuant to this
Article shall not affect rights acquired under existing contracts.
SECTION 4. THE AUTHORITY
SUBSECTION A. GENERAL PROVISIONS
Article 156
Establishment of the Authority
1. There is hereby established the International Sea-Bed Authority,
which shall function in accordance with this Part.
2. All States Parties are ipso facto members of the Authority.
3. Observers at the Third United Nations Conference on the Law of the
Sea who have signed the Final Act and who are not referred to in Article
305, paragraph 1(c), (d), (e) or (f), shall have the right to participate
in the Authority as observers, in accordance with its rules, regulations
and procedures.
4. The seat of the Authority shall be in Jamaica.
5. The Authority may establish such regional centres or offices as it
deems necessary for the exercise of its functions.
Article 157
Nature and fundamental principles of the Authority
1. The Authority is the 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 upon it by this Convention. The Authority shall have such
incidental powers, consistent with this Convention, as are implicit in and
necessary for the exercise of those powers and functions with respect to
activities in the Area.
3. The Authority is based on the principle of the sovereign equality
of all its members.
4. All members of the Authority shall fulfil in good faith the
obligations assumed by them in accordance with this Part in order to
ensure to all of them the rights and benefits resulting from membership.
Article 158
Organs of the Authority
1. There are hereby established, as the principal organs of the
Authority, an Assembly, a Council and a Secretariat.
2. There is hereby established the Enterprise, the organ through which
the Authority shall carry out the functions referred to in Article 170,
paragraph 1.
3. Such subsidiary organs as may be found necessary may be established
in accordance with this Part.
4. Each principal organ of the Authority and the Enterprise shall be
responsible for exercising those powers and functions which are conferred
upon it. In exercising such powers and functions each organ shall avoid
taking any action which may derogate from or impede the exercise of
specific powers and functions conferred upon another organ.
SUBSECTION B. THE ASSEMBLY
Article 159
Composition, procedure and voting
1. The Assembly shall consist of all the members of the Authority.
Each member shall have one representative in the Assembly, who may be
accompanied by alternates and advisers.
2. The Assembly shall meet in regular annual sessions and in such
special sessions as may be decided by the Assembly, or convened by the
Secretary-General at the request of the Council or of a majority of the
members of the Authority.
3. Sessions shall take place at the seat of the Authority unless
otherwise decided by the Assembly.
4. The Assembly shall adopt its rules of procedure. At the beginning
of each regular session, it shall elect its President and such other
officers as may be required. They shall hold office until a new President
and other officers are elected at the next regular session.
5. A majority of the members of the Assembly shall constitute a
quorum.
6. Each member of the Assembly shall have one vote.
7. Decisions on questions of procedure, including decisions to convene
special sessions of the Assembly, shall be taken by a majority of the
members present and voting.
8. Decisions on questions of substance shall be taken by a two-thirds
majority of the members present and voting, provided that such majority
includes a majority of the members participating in the session. When the
issue rises as to whether a question is one of substance or not, that
question shall be treated as one of substance unless otherwise decided by
the Assembly by the majority required for decisions on questions of
substance.
9. When a question of substance comes up for voting for the first
time, the President may, and shall, if requested by at least one fifth of
the members of the Assembly, defer the issue of taking a vote on that
question for a period not exceeding five calendar days. This rule may be
applied only once to any question, and shall not be applied so as to defer
the question beyond the end of the session.
10. Upon a written request addressed to the President and sponsored by
at least one fourth of the members of the Authority for an advisory
opinion on the conformity with this Convention of a proposal before the
Assembly on any matter, the Assembly shall request the Sea-Bed Disputes
Chamber of the International Tribunal for the Law of the Sea to give an
advisory opinion thereon and shall defer voting on that proposal pending
receipt of the advisory opinion by the Chamber. If the advisory opinion is
not received before the final week of the session in which it is
requested, the Assembly shall decide when it will meet to vote upon the
deferred proposal.
Article 160
Powers and functions
1. The Assembly, as the sole organ of the Authority consisting of all
the members, shall be considered the supreme organ of the Authority to
which the other principal organs shall be accountable as specifically
provided for in this Convention. The Assembly shall have the power to
establish general policies in conformity with the relevant provisions of
this Convention on any question or matter within the competence of the
Authority.
2. In addition, the powers and functions of the Assembly shall be:
(a) to elect the members of the Council in accordance with Article
161;
(b) to elect the Secretary-General from among the candidates
proposed by the Council;
(c) to elect, upon the recommendation of the Council, the members
of the Governing Board of the Enterprise and the Director-General of the
Enterprise;
(d) to establish such subsidiary organs as it finds necessary for
the exercise of its functions in accordance with this Part. In the
composition of these subsidiary organs due account shall be taken of the
principle of equitable geographical distribution and of special interests
and the need for members qualified and competent in the relevant technical
questions dealt with by such organs;
(e) to assess the contributions of members to the administrative
budget of the Authority in accordance with an agreed scale of assessment
based upon the scale used for the regular budget of the United Nations
until the Authority shall have sufficient income from other sources to
meet its administrative expenses;
(f) (i) to consider and approve, upon the recommendation of the
Council, the rules, regulations and procedures on the equitable sharing
of financial and other economic benefits derived from activities in the
Area and the payments and contributions made pursuant to Article 82,
taking into particular consideration the interests and needs of developing
States and peoples who have not attained full independence or other
self-governing status. If the Assembly does not approve the
recommendations of the Council, the Assembly shall return them to the
Council for reconsideration in the light of the views expressed by the
Assembly;
(ii) to consider and approve the rules, regulations and
procedures of the Authority, and any amendments thereto, provisionally
adopted by the Council pursuant to Article 162, paragraph 2(o)(ii). These
rules, regulations and procedures shall relate to prospecting, exploration
and exploitation in the Area, the financial management and internal
administration of the Authority, and, upon the recommendation of the
Governing Board of the Enterprise, to the transfer of funds from the
Enterprise to the Authority;
(g) to decide upon the equitable sharing of financial and other
economic benefits derived from activities in the Area, consistent with
this Convention and the rules, regulations and procedures of the
Authority;
(h) to consider and approve the proposed annual budget of the
Authority submitted by the Council;
(i) to examine periodic reports from the Council and from the
Enterprise and special reports requested from the Council or any other
organ of the Authority;
(j) to initiate studies and make recommendations for the purpose
of promoting international co-operation concerning activities in the Area
and encouraging the progressive development of international law relating
thereto and its codification;
(k) to consider problems of a general nature in connection with
activities in the Area arising in particular for developing States, as
well as those problems for States in connection with activities in the
Area that are due to their geographical location, particularly for
land-locked and geographically disadvantaged States;
(l) to establish, upon the recommendation of the Council, on the
basis of advice from the Economic Planning Commission, a system of
compensation or other measures of economic adjustment assistance as
provided in Article 151, paragraph 10;
(m) to suspend the exercise of rights and privileges of membership
pursuant to Article 185;
(n) to discuss any question or matter within the competence of the
Authority and to decide as to which organ of the Authority shall deal with
any such question or matter not specifically entrusted to a particular
organ, consistent with the distribution of powers and functions among the
organs of the Authority.
SUBSECTION C. THE COUNCIL
Article 161
Composition, procedure and voting
1. The Council shall consist of 36 members of the Authority elected by
the Assembly in the following order:
(a) four members from among those States Parties which, during the
last five years for which statistics are available, have either consumed
more than 2 per cent of total world consumption or have had net imports of
more than 2 per cent of total world imports of the commodities produced
from the categories of minerals to be derived from the Area, and in any
case one State from the Eastern European (Socialist) region, as well as
the largest consumer;
(b) four members from among the eight States Parties which have
the largest investments in preparation for and in the conduct of
activities in the Area, either directly or through their nationals,
including at least one State from the Eastern European (Socialist)
region;
(c) four members from among States Parties which on the basis of
production in areas under their jurisdiction are major net exporters of
the categories of minerals to be derived from the Area, including at least
two developing States whose exports of such minerals have a substantial
bearing upon their economies;
(d) six members from among developing States Parties, representing
special interests. The special interests to be represented shall include
those of States with large populations, States which are land-locked or
geographically disadvantaged, States which are major importers of the
categories of minerals to be derived from the Area, States which are
potential producers of such minerals, and least developed States;
(e) eighteen members elected according to the principle of
ensuring an equitable geographical distribution of seats in the Council as
a whole, provided that each geographical region shall have at least one
member elected under this subparagraph. For this purpose, the
geographical regions shall be Africa, Asia, Eastern European (Socialist).
Latin America and Western European and Others.
2. In electing the members of the Council in accordance with paragraph
1, the Assembly shall ensure that:
(a) land-locked and geographically disadvantaged States are
represented to a degree which is reasonably proportionate to their
representation in the Assembly;
(b) coastal States, especially developing States, which do not
qualify under paragraph 1 (a), (b), (c) or (d) are represented to a degree
which is reasonably proportionate to their representation in the Assembly;
(c) each group of States Parties to be represented on the Council
is represented by those members, if any, which are nominated by that
group.
3. Elections shall take place at regular sessions of the Assembly.
Each member of the Council shall be elected for four years. At the first
election, however, the term of one half of the members of each group
referred to in paragraph 1 shall be two years.
4. Members of the Council shall be eligible for re-election, but due
regard should be paid to the desirability of rotation of membership.
5. The Council shall function at the seat of the Authority, and shall
meet as often as the business of the Authority may require, but not less
than three times a year.
6. A majority of the members of the Council shall constitute a quorum.
7. Each member of the Council shall have one vote.
8. (a) Decisions on questions of procedure shall be taken by a
majority of the members present and voting.
(b) Decisions on questions of substance arising under the
following provisions shall be taken by a two-thirds majority of the
members present and voting, provided that such majority includes a
majority of the members of the Council: Article 162, paragraph 2,
subparagraphs (f); (g); (h); (i); (n); (p); (v); Article 191.
(c) Decisions on questions of substance arising under the
following provisions shall be taken by a three-fourths majority of the
members present and voting, provided that such majority includes a
majority of the members of the Council: Article 162, paragraph 1; Article
162, paragraph 2, subparagraphs (a); (b); (c); (d); (e); (l); (q); (r);
(s); (t); (u) in cases of non-compliance by a contractor or a sponsor; (w)
provided that orders issued thereunder may be binding for not more than 30
days unless confirmed by a decision taken in accordance with subparagraph
(d); Article 162, paragraph 2, subparagraphs (x); (y); (z); Article 163,
paragraph 2; Article 174, paragraph 3; Annex IV, Article 11.
(d) Decisions on questions of substance arising under the
following provisions shall be taken by consensus: Article 162, paragraph 2
(m) and (o); adoption of amendments to Part XI.
(e) For the purposes of subparagraphs (d), (f) and (g),
`consensus' means the absence of any formal objection. Within 14 days of
the submission of a proposal to the Council, the President of the Council
shall determine whether there would be a formal objection to the adoption
of the proposal. If the President determines that there would be such an
objection, the President shall establish and convene, within three days
following such determination, a conciliation committee consisting of not
more than nine members of the Council, with the President as chairman, for
the purpose of reconciling the differences and producing a proposal which
can be adopted by consensus. The committee shall work expeditiously and
report to the Council within 14 days following its establishment. If the
committee is unable to recommend a proposal which can be adopted by
consensus, it shall set out in its report the grounds on which the
proposal is being opposed.
(f) Decisions on questions not listed above which the Council is
authorised to take by the rules, regulations and procedures of the
Authority or otherwise shall be taken pursuant to the subparagraphs of
this paragraph specified in the rules, regulations and procedures or, if
not specified therein, then pursuant to the subparagraph determined by the
Council if possible in advance, by consensus.
(g) When the issue arises as to whether a question is within
subparagraph (a), (b), (c), or (d), the question shall be treated as
being within the subparagraph requiring the higher or highest majority or
consensus as the case may be, unless otherwise decided by the Council by
the said majority or by consensus.
9. The Council shall establish a procedure whereby a member of the
Authority not represented on the Council may send a representative to
attend a meeting of the Council when a request is made by such member, or
a matter particularly affecting it is under consideration. Such a
representative shall be entitled to participate in the deliberations but
not to vote.
Article 162
Powers and functions
1. The Council is the executive organ of the Authority. The Council
shall have the power to establish, in conformity with this Convention and
the general policies established by the Assembly, the specific policies
to be pursued by the Authority on any question or matter within the
competence of the Authority.
2. In addition, the Council shall:
(a) supervise and co-ordinate the implementation of the provisions
of this Part on all questions and matters within the competence of the
Authority and invite the attention of the Assembly to cases of
non-compliance;
(b) propose to the Assembly a list of candidates for the election
of the Secretary-General;
(c) recommend to the Assembly candidates for the election of the
members of the Governing Board of the Enterprise and the Director-General
of the Enterprise;
(d) establish, as appropriate, and with due regard to economy and
efficiency, such subsidiary organs as it finds necessary for the exercise
of its functions in accordance with this Part. In the composition of
subsidiary organs, emphasis shall be placed on the need for members
qualified and competent in relevant technical matters dealt with by those
organs provided that due account shall be taken of the principle of
equitable geographical distribution and of special interests;
(e) adopt its rules of procedure including the method of selecting
its president;
(f) enter into agreements with the United Nations or other
international 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 upon each plan of work within 60 days of its
submission by the Legal and Technical Commission at a session of the
Council in accordance with the following procedures:
(i) if the Commission recommends the approval of a plan of
work, it shall be deemed to have been approved by the Council if no member
of the Council submits in writing to the President within 14 days a
specific objection alleging non-compliance with the requirements of Annex
III, Article 6. If there is an objection, the conciliation procedure set
forth in Article 161, paragraph 8(e), shall apply. If, at the end of the
conciliation procedure, the objection is still maintained, the plan of
work shall be deemed to have been approved by the Council unless the
Council disapproves it by consensus among its members excluding any State
or States making the application or sponsoring the applicant;
(ii) if the Commission recommends the disapproval of a plan of
work or does not make a recommendation, the Council may approve the plan
of work by a three-fourths majority of the members present and voting,
provided that such majority includes a majority of the members
participating in the session;
(k) approve plans of work submitted by the Enterprise in
accordance with Annex IV, Article 12, applying, mutatis mutandis, the
procedures set forth in subparagraph (j);
(l) exercise control over activities in the Area in accordance
with Article 153, paragraph 4, and the rules, regulations and procedures
of the Authority;
(m) take, upon the recommendation of the Economic Planning
Commission, necessary and appropriate measures in accordance with Article
150, subparagraph (h), to provide protection from the adverse economic
effects specified therein;
(n) make recommendations to the Assembly, on the basis of advice
from the Economic Planning Commission, for a system of compensation or
other measures of economic adjustment assistance as provided in Article
151, paragraph 10;
(o) (i) recommend to the Assembly rules, regulations and
procedures on the equitable sharing of financial and other economic
benefits derived from activities in the Area and the payments and
contributions made pursuant to Article 82, taking into particular
consideration the interests and needs of the developing States and peoples
who have not attained full independence or other self-governing status;
(ii) adopt and apply provisionally, pending approval by the
Assembly, the rules, regulations and procedures of the Authority, and any
amendments thereto, taking into account the recommendations of the Legal
and Technical Commission or other subordinate organ concerned. These
rules, regulations and procedures shall relate to prospecting, exploration
and exploitation in the Area and the financial management and internal
administration of the Authority. Priority shall be given to the adoption
of rules, regulations and procedures for the exploration for and
exploitation of polymetallic nodules. Rules, regulations and procedures
for the exploration for and exploitation of any resource other than
polymetallic nodules shall be adopted within three years from the date of
a request to the Authority by any of its members to adopt such rules,
regulations and procedures in respect of such resource. All rules,
regulations and procedures shall remain in effect on a provisional basis
until approved by the Assembly or until amended by the Council in the
light of any views expressed by the Assembly;
(p) review the collection of all payments to be made by or to the
Authority in connection with operations pursuant to this Part;
(q) make the selection from among applicants for production
authorisations pursuant to Annex III, Article 7, where such selection is
required by that provision;
(r) submit the proposed annual budget of the Authority to the
Assembly for its approval;
(s) make recommendations to the Assembly concerning policies on
any question or matter within the competence of the Authority;
(t) make recommendations to the Assembly concerning suspension of
the exercise of the rights and privileges of membership pursuant to
Article 185;
(u) institute proceedings on behalf of the Authority before the
Sea-Bed Disputes Chamber in cases of non-compliance;
(v) notify the Assembly upon a decision by the Sea-Bed Disputes
Chamber in proceedings instituted under subparagraph (u), and make any
recommendations which it may find appropriate with respect to measures to
be taken;
(w) issue emergency orders, which may include orders for the
suspension of adjustment of operations, to prevent serious harm to the
marine environment arising out of activities in the Area;
(x) disapprove areas for exploitation by contractors or the
Enterprise in cases where substantial evidence indicates the risk of
serious harm to the marine environment;
(y) establish a subsidiary organ for the elaboration of draft
financial rules, regulations and procedures relating to:
(i) financial management in accordance with Articles 171 to
175; and
(ii) financial arrangements in accordance with Annex III,
Article 13 and Article 17, paragraph 1(c);
(z) establish appropriate mechanisms for directing and supervising
a staff of inspectors who shall inspect activities in the Area to
determine whether this Part, the rules, regulations and procedures of the
Authority, and the terms and conditions of any contract with the Authority
are being complied with.
Article 163
Organs of the Council
1. There are hereby established the following organs of the Council:
(a) an Economic Planning Commission;
(b) a Legal and Technical Commission.
2. Each Commission shall be composed of 15 members, elected by the
Council from among the candidates nominated by the States Parties.
However, if necessary, the Council may decide to increase the size of
either Commission having due regard to economy and efficiency.
3. Members of a Commission shall have appropriate qualifications in
the area of competence of that Commission. States Parties shall nominate
candidates of the highest standards of competence and integrity with
qualifications in relevant fields so as to ensure the effective exercise
of the functions of the Commissions.
4. In the election of members of the Commissions, due account shall be
taken of the need for equitable geographical distribution and the
representation of special interests.
5. No State Party may nominate more than one candidate for the same
Commission. No person shall be elected to serve on more than one
Commission.
6. Members of the Commissions shall hold office for a term of five
years. They shall be eligible for re-election for a further term.
7. In the event of the death, incapacity or resignation of a member of
a Commission prior to the expiration of the term of office, the Council
shall elect for the remainder of the term, a member from the same
geographical region or area of interest.
8. Members of Commissions shall have no financial interest in any
activity relating to exploration and exploitation in the Area. Subject to
their responsibilities to the Commissions upon which they serve, they
shall not disclose, even after the termination of their functions, any
industrial secret, proprietary date which are transferred to the Authority
in accordance with Annex III, Article 14, or any other confidential
information coming to their knowledge by reason of their duties for the
Authority.
9. Each Commission shall exercise its functions in accordance with
such guidelines and directives as the Council may adopt.
10. Each Commission shall formulate and submit to the Council for
approval such rules and regulations as may be necessary for the efficient
conduct of the Commission's functions.
11. The decision-making procedures of the Commissions shall be
established by the rules, regulations and procedures of the Authority.
Recommendations to the Council shall, where necessary, be accompanied by a
summary on the divergence of opinion in the Commission.
12. Each Commission shall normally function at the seat of the
Authority and shall meet as often as is required for the efficient
exercise of its functions.
13. In the exercise of its functions, each Commission may, where
appropriate, consult another commission, any competent organ of the United
Nations or of its specialised agencies or any international organisations
with competence in the subject-matter of such consultation.
Article 164
The Economic Planning Commission
1. Members of the Economic Planning Commission shall have appropriate
qualifications such as those relevant to mining, management of mineral
resource activities, international trade or international economics. The
Council shall endeavour to ensure that the membership of the Commission
reflects all appropriate qualifications. The Commission shall include at
least two members from developing States whose exports of the categories
of minerals to be derived from the Area have a substantial bearing upon
their economics.
2. The Commission shall:
(a) propose, upon the request of the Council, measures to
implement decisions relating to activities in the Area taken in accordance
with this Convention;
(b) review the trends of and the factors affecting supply, demand
and prices of materials which may be derived from the Area, bearing in
mind the interests of both importing and exporting countries, and in
particular of the developing States among them;
(c) examine any situation likely to lead to the adverse effects
referred to in Article 150, subparagraph (h), brought to its attention by
the State Party of States Parties concerned, and make appropriate
recommendations to the Council;
(d) propose to the Council for submission to the Assembly, as
provided in Article 151, paragraph 10, a system of compensation or other
measures of economic adjustment assistance for developing States which
suffer adverse effects caused by activities in the Area. The Commission
shall make the recommendations to the Council that are necessary for the
application of the system or other measures adopted by the Assembly in
specific cases.
Article 165
The Legal and Technical Commission
1. Members of the Legal and Technical Commission shall have
appropriate qualifications such as those relevant to exploration for and
exploitation and processing of mineral resources, oceanology, protection
of the marine environment, or economic or legal matters relating to ocean
mining and related fields of expertise. The Council shall endeavour to
ensure that the membership of the Commission reflects all appropriate
qualifications.
2. The Commission shall:
(a) make recommendations with regard to the exercise of the
Authority's functions upon the request of the Council;
(b) review formal written plans of work for activities in the Area
in accordance with Article 153, paragraph 3, and submit appropriate
recommendations to the Council. The Commission shall base its
recommendations solely on the grounds stated in Annex III and shall report
fully thereon to the Council;
(c) supervise, upon the request of the Council, activities in the
Area, where appropriate, in consultation and collaboration with any
entity carrying out such activities or State or States concerned and
report to the Council;
(d) prepare assessments of the environmental implications of
activities in the Area;
(e) make recommendations to the Council on the protection of the
marine environment, taking into account the view of recognised experts in
that field;
(f) formulate and submit to the Council the rules, regulations and
procedures referred to in Article 162, paragraph 2(o), taking into account
all relevant factors including assessments of the environmental
implications of activities in the Area;
(g) keep such rules, regulations and procedures under review and
recommend to the Council from time to time such amendments thereto as it
may deem necessary or desirable;
(h) make recommendations to the Council regarding the
establishment of a monitoring programme to observe, measure, evaluate and
analyse, by 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 co-ordinate the implementation of the monitoring
programme approved by the Council;
(i) recommend to the Council that proceedings be instituted on
behalf of the Authority before the Sea-Bed Disputes Chamber, in accordance
with this Part and the relevant Annexes taking into account particularly
Article 187;
(j) make recommendations to the Council with respect to measures
to be taken, upon a decision by the Sea-Bed Disputes Chamber in
proceedings instituted in accordance with subparagraph (i);
(k) make recommendations to the Council to issue emergency orders,
which may include orders for the suspension or adjustment of operations,
to prevent serious harm to the marine environment arising out of
activities in the Area. Such recommendations shall be taken up by the
Council on a priority basis;
(l) make recommendations to the Council to disapprove areas for
exploitation by contractors or the Enterprise in cases where substantial
evidence indicates the risk of serious harm to the marine environment;
(m) make recommendations to the Council regarding the direction
and supervision of a staff of inspectors who shall inspect activities in
the Area to determine whether the provisions of this Part, the rules,
regulations and procedures of the Authority, and the terms and conditions
of any contract with the Authority are being complied with;
(n) calculate the production ceiling and issue production
authorisations on behalf of the Authority pursuant to Article 151,
paragraphs 2 to 7, following any necessary selection among applicants for
production authorisations by the Council in accordance with Annex III,
Article 7.
3. The members of the Commission shall, upon request by any State
Party or other party concerned, be accompanied by a representative of such
State or other party concerned when carrying out their function of
supervision and inspection.
SUBSECTION D. THE SECRETARIAT
Article 166
The Secretariat
1. The Secretariat of the Authority shall comprise a Secretary-General
and such staff as the Authority may require.
2. The Secretary-General shall be elected for four years by the
Assembly from among the candidates proposed by the Council and may be
re-elected.
3. The Secretary-General shall be the chief administrative officer of
the Authority, and shall act in that capacity in all meetings of the
Assembly, of the Council and of any subsidiary organ, and shall perform
such other administrative functions as are entrusted to the
Secretary-General by these organs.
4. The Secretary-General shall make an annual report to the Assembly
on the work of the Authority.
Article 167
The staff of the Authority
1. The staff of the Authority shall consist of such qualified
scientific and technical and other personnel as may be required to fulfil
the administrative functions of the Authority.
2. The paramount consideration in the recruitment and employment of
the staff and in the determination of their conditions of service shall be
the necessity of securing the highest standards of efficiency, competence
and integrity. Subject to this consideration, due regard shall be paid to
the importance of recruiting the staff on as wide a geographical basis as
possible.
3. The staff shall be appointed by the Secretary-General. The terms
and conditions on which they shall be appointed, remunerated and dismissed
shall be in accordance with the rules, regulations and procedures of the
Authority.
Article 168
International character of the Secretariat
1. In the performance of their duties the Secretary-General and the
staff shall not seek or receive instructions from any government or from
any other source external to the Authority. They shall refrain from any
action which might reflect on their position as international officials
responsible only to the Authority. Each State Party undertakes to respect
the exclusively international character of the responsibilities of the
Secretary-General and the staff and not to seek to influence them in the
discharge of their responsibilities. Any violation of responsibilities by
a staff member shall be submitted to the appropriate administrative
tribunal as provided in the rules, regulations and procedures of the
Authority.
2. The Secretary-General and the staff shall have no financial
interest in any activity relating to exploration and exploitation in the
Area. Subject to their responsibilities to the Authority, they shall not
disclose, even after the termination of their functions, any industrial
secret, proprietary data which are transferred to the Authority in
accordance with Annex III, Article 14, or any other confidential
information coming to their knowledge by reason of their employment with
the Authority.
3. Violations of the obligations of a staff member of the Authority
set forth in paragraph 2 shall, on the request of a State Party affected
by such violation, or a natural or juridical person, sponsored by a State
Party as provided in Article 153, paragraph 2(b), and affected by such
violation, be submitted by the Authority against the staff member
concerned to a tribunal designated by the rules, regulations and
procedures of the Authority. The Party affected shall have the right to
take part in the proceedings. If the tribunal so recommends, the
Secretary-General shall dismiss the staff member concerned.
4. The rules, regulations and procedures of the Authority shall
contain such provisions as are necessary to implement this Article.
Article 169
Consultation and co-operation with international and non-governmental
organisations
1. The Secretary-General shall, on matters within the competence of
the Authority, make suitable arrangements, with the approval of the
Council, for consultation and co-operation with international and
non-governmental organisations recognised by the 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.
SUBSECTION E. THE ENTERPRISE
Article 170
The Enterprise
1. The Enterprise shall be the organ of the Authority which shall
carry out activities in the Area directly, pursuant to Article 153,
paragraph 2(a), as well as the transporting, processing and marketing of
minerals recovered from the Area.
2. The Enterprise shall, within the framework of the international
legal personality of the Authority, have such legal capacity as is
provided for in the Statute set forth in Annex IV. The Enterprise shall
act in accordance with this Convention and the rules, regulations and
procedures of the Authority, as well as the general policies established
by the Assembly, and shall be subject to the directives and control of the
Council.
3. The Enterprise shall have its principal place of business at the
seat of the Authority.
4. The Enterprise shall, in accordance with Article 173, paragraph 2,
and Annex IV, Article 11, be provided with such funds as it may require
to carry out its functions, and shall receive technology as provided in
Article 144 and other relevant provisions of this Convention.
SUBSECTION F. FINANCIAL ARRANGEMENTS OF THE AUTHORITY
Article 171
Funds of the Authority
The funds of the Authority shall include:
(a) assessed contributions made by members of the Authority in
accordance with Article 160, paragraph 2(e);
(b) funds received by the Authority pursuant to Annex III, Article
13, in connection with activities in the Area;
(c) funds transferred from the Enterprise in accordance with Annex
IV, Article 10;
(d) funds borrowed pursuant to Article 174;
(e) voluntary contributions made by members or other entities; and
(f) payments to a compensation fund, in accordance with Article
151, paragraph 10, whose sources are to be recommended by the Economic
Planning Commission.
Article 172
Annual budget of the Authority
The Secretary-General shall draft the proposed annual budget of the
Authority and submit it to the Council. The Council shall consider the
proposed annual budget and submit it to the Assembly, together with any
recommendations thereon. The Assembly shall consider and approve the
proposed annual budget in accordance with Article 160, paragraph 2(h).
Article 173
Expenses of the Authority
1. The contributions referred to in Article 171, subparagraph (a),
shall be paid into a special account to meet the administrative expenses
of the Authority until the Authority has sufficient funds from other
sources to meet those expenses.
2. The administrative expenses of the Authority shall be a first call
upon the funds of the Authority. Except for the assessed contributions
referred to in Article 171, subparagraph (a), the funds which remain
after payment of administrative expenses may, inter alia:
(a) be shared in accordance with Article 140 and Article 160,
paragraph 2(g);
(b) be used to provide the Enterprise with funds in accordance
with Article 170, paragraph 4;
(c) be used to compensate developing States in accordance with
Article 151, paragraph 10, and Article 160, paragraph 2(1).
Article 174
Borrowing power of the Authority
1. The Authority shall have the power to borrow funds.
2. The Assembly shall prescribe the limits on the borrowing power of
the Authority in the financial regulations adopted pursuant to Article
160, paragraph 2(f).
3. The Council shall exercise the borrowing power of the Authority.
4. States Parties shall not be liable for the debts of the Authority.
Article 175
Annual audit
The records, books and 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.
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
|