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UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
Article 194
Measures to prevent, reduce and control pollution of the marine
environment
1. States shall take, individually or jointly as appropriate, all
measures consistent with this Convention that are necessary to prevent,
reduce and control pollution of the marine environment from any source,
using for this purpose the best practicable means at their disposal and in
accordance with their capabilities, and they shall endeavour to harmonise
their policies in this connection.
2. States shall take all measures necessary to ensure that activities
under their jurisdiction or control are so conducted as not to cause
damage by pollution to other States and their environment, and that
pollution arising from incidents or activities under their jurisdiction or
control does not spread beyond the areas where they exercise sovereign
rights in accordance with this Convention.
3. The measures taken pursuant to this Part shall deal with all
sources of pollution of the marine environment. These measures shall
include, inter alia, those designed to minimise to the fullest possible
extent:
(a) the release of toxic, harmful or noxious substances,
especially those which are persistent, from land-based sources, from or
through the atmosphere or by dumping;
(b) pollution from vessels, in particular measures for preventing
accidents and dealing with emergencies, ensuring the safety of operations
at sea, preventing intentional and unintentional discharges, and
regulating the design, construction, equipment, operation and manning of
vessels;
(c) pollution from installations and devices used in exploration
or exploitation of the natural resources of the sea-bed and subsoil, in
particular measures for preventing accidents and dealing with emergencies,
ensuring the safety of operations at sea, and regulating the design,
construction, equipment, operation and manning of such installations or
devices;
(d) pollution from other installations and devices operating in
the marine environment, in particular measures for preventing accidents
and dealing with emergencies, ensuring the safety of operations at sea,
and regulating the design, construction, equipment, operation and manning
of such installations or devices.
4. In taking measures to prevent, reduce or control pollution of the
marine environment, States shall refrain from unjustifiable interference
with activities carried out by other States in the exercise of their
rights and in pursuance of their duties in conformity with this
Convention.
5. The measures taken in accordance with this Part shall include those
necessary to protect and preserve rare and fragile ecosystems as well as
the habitat of depleted, threatened or endangered species and other forms
of marine life.
Article 195
Duty not to transfer damage or hazards or transform one type of
pollution into another
In taking measures to prevent, reduce and control pollution of the
marine environment, States shall act so as not to transfer, directly or
indirectly, damage or hazards from one area to another or transform one
type of pollution into another.
Article 196
Use of technologies or introduction of alien or new species
1. States shall take all measures necessary to prevent, reduce and
control pollution of the marine environment resulting from the use of
technologies under their jurisdiction or control, or the intentional or
accidental introduction of species, alien or new, to a particular part of
the marine environment, which may cause significant and harmful changes
thereto.
2. This Article does not affect the application of this Convention
regarding the prevention, reduction and control of pollution of the
marine environment.
SECTION 2. GLOBAL AND REGIONAL CO-OPERATION
Article 197
Co-operation on a global or regional basis
States shall co-operate on a global basis and, as appropriate, on a
regional basis, directly or through competent international organisations,
in formulating and elaborating international rules, standards and
recommended practices and procedures consistent with this Convention, for
the protection and preservation of the marine environment, taking into
account characteristic regional features.
Article 198
Notification of imminent or actual damage
When a State becomes aware of cases in which the marine environment is
in imminent danger of being damaged or has been damaged by pollution, it
shall immediately notify other States it deems likely to be affected by
such damage, as well as the competent international organisations.
Article 199
Contingency plans against pollution
In the cases referred to in Article 198, States in the area affected,
in accordance with their capabilities, and the competent international
organisations shall co-operate, to the extent possible, in eliminating the
effects of pollution and preventing or minimising the damage. To this end,
States shall jointly develop and promote contingency plans for responding
to pollution incidents in the marine environment.
Article 200
Studies, research programmes and exchange of information and data
States shall co-operate, directly or through competent international
organisations, for the purpose of promoting studies, undertaking
programmes of scientific research and encouraging the exchange of
information and data acquired about pollution of the marine environment.
They shall endeavour to participate actively in regional and global
programmes to acquire knowledge for the assessment of the nature and
extent of pollution, exposure to it, and its pathways, risks and remedies.
Article 201
Scientific criteria for regulations
In the light of the information and data acquired pursuant to Article
200, States shall co-operate, directly or through competent international
organisations, in establishing appropriate scientific criteria for the
formulation and elaboration of rules, standards and recommended practices
and procedures for the prevention, reduction and control of pollution of
the marine environment.
SECTION 3. TECHNICAL ASSISTANCE
Article 202
Scientific and technical assistance to developing States
States shall, directly or through competent international
organisations:
(a) promote programmes of scientific, educational, technical and
other assistance to developing States for the protection and preservation
of the marine environment and the prevention, reduction and control of
marine pollution. Such assistance shall include, inter alia:
(i) training of their scientific and technical personnel;
(ii) facilitating their participation in relevant
international programmes;
(iii) supplying them with necessary equipment and facilities;
(iv) enhancing their capacity to manufacture such equipment;
(v) advice on and developing facilities for research,
monitoring, educational and other programmes;
(b) provide appropriate assistance, especially to developing
States, for the minimisation of the effects of major incidents which may
cause serious pollution of the marine environment;
(c) provide appropriate assistance, especially to developing
States, concerning the preparation of environmental assessments.
Article 203
Preferential treatment for developing States
Developing States shall, for the purposes of prevention, reduction and
control of pollution of the marine environment or minimisation of its
effects, be granted preference by international organisations in:
(a) the allocation of appropriate funds and technical assistance;
and
(b) the utilisation of their specialised services.
SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT
Article 204
Monitoring of the risks or effects of pollution
1. States shall, consistent with the rights of other States,
endeavour, as far as practicable, directly or through the competent
international organisations, to observe, measure, evaluate and analyse, by
recognised scientific methods, the risks or effects of pollution of the
marine environment.
2. In particular, States shall keep under surveillance the effects of
any activities which they permit or in which they engage in order to
determine whether these activities are likely to pollute the marine
environment.
Article 205
Publication of reports
States shall publish reports of the results obtained pursuant to
Article 204 or provide such reports at appropriate intervals to the
competent international organisation, which should make them available to
all States.
Article 206
Assessment of potential effects of activities
When States have reasonable grounds for believing that planned
activities under their jurisdiction or control may cause substantial
pollution of or significant and harmful changes to the marine environment,
they shall, as far as practicable, assess the potential effects of such
activities on the marine environment and shall communicate reports of the
results of such assessments in the manner provided in Article 205.
SECTION 5. INTERNATIONAL RULE AND NATIONAL LEGISLATION TO PREVENT,REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT
Article 207
Pollution from land-based sources
1. States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment from land-based sources,
including rivers, estuaries, pipelines and outfall structures, taking into
account internationally agreed rules, standards and recommended practices
and procedures.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. States shall endeavour to harmonise their policies in this
connection at the appropriate regional level.
4. States, acting especially through competent international
organisations or diplomatic conference, shall endeavour to establish
global and regional rules, standards and recommended practices and
procedures to prevent, reduce and control pollution of the marine
environment from land-based sources, taking into account characteristic
regional features, the economic capacity of developing States and their
need for economic development. Such rules, standards and recommended
practices and procedures shall be re-examined from time to time as
necessary.
5. Laws, regulations, measures, rules, standards and recommended
practices and procedures referred to in paragraphs 1, 2 and 4 shall
include those designed to minimise, to the fullest extent possible, the
release of toxic, harmful or noxious substances, especially those which
are persistent, into the marine environment.
Article 208
Pollution from sea-bed activities subject to national jurisdiction
1. Coastal States shall adopt laws and regulations to prevent, reduce
and control pollution of the marine environment arising from or in
connection with sea-bed activities subject to their jurisdiction and from
artificial islands, installations and structures under their jurisdiction,
pursuant to Articles 60 and 80.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. Such laws, regulations and measures shall be no less effective than
international rules, standards and recommended practices and procedures.
4. States shall endeavour to harmonise their policies in this
connection at the appropriate regional level.
5. States, acting especially through competent international
organisations or diplomatic conference, shall establish global and
regional rules, standards and recommended practices and procedures to
prevent, reduce and control pollution of the marine environment referred
to in paragraph 1. Such rules, standards and recommended practices and
procedures shall be re-examined from time to time as necessary.
Article 209
Pollution from activities in the Area
1. International rules, regulations and procedures shall be
established in accordance with Part XI to prevent, reduce and control
pollution of the marine environment from activities in the Area. Such
rules, regulations and procedures shall be re-examined from time to time
as necessary.
2. Subject to the relevant provisions of this section, States shall
adopt laws and regulations to prevent, reduce and control pollution of the
marine environment from activities in the Area undertaken by vessels,
installations, structures and other devices flying their flag or of their
registry or operating under their authority, as the case may be. The
requirements of such laws and regulations shall be no less effective than
the international rules, regulations and procedures referred to in
paragraph 1.
Article 210
Pollution by dumping
1. States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment by dumping.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. Such laws, regulations and measures shall ensure that dumping is
not carried out without the permission of the competent authorities of
States.
4. States, acting especially through competent international
organisations or diplomatic conference, shall endeavour to establish
global and regional rules, standards and recommended practices and
procedures to prevent, reduce and control such pollution. Such rules,
standards and recommended practices and procedures shall be re-examined
from time to time as necessary.
5. Dumping within the territorial sea and the exclusive economic zone
or onto the continental shelf shall not be carried out without the express
prior approval of the coastal State, which has the right to permit,
regulate and control such dumping after due consideration of the matter
with other States which by reason of their geographical situation may be
adversely affected thereby.
6. National laws, regulations and measures shall be no less effective
in preventing, reducing and controlling such pollution than the global
rules and standards.
Article 211
Pollution from vessel
1. States, acting through the competent international organisation or
general diplomatic conference, shall establish international rules and
standards to prevent, reduce and control pollution of the marine
environment from vessels and promote the adoption, in the same manner,
wherever appropriate, of routing systems designed to minimise the threat
of accidents which might cause pollution of the marine environment,
including the coastline, and pollution damage to the related interests of
coastal States. Such rules and standards shall, in the same manner, be
re-examined from time to time as necessary.
2. States shall adopt laws and regulations for the prevention,
reduction and control of pollution of the marine environment from vessels
flying their flag or of their registry. Such laws and regulations shall at
least have the same effect as that of generally accepted international
rules and standards established through the competent international
organisation or general diplomatic conference.
3. States which establish particular requirements for the prevention,
reduction and control of pollution of the marine environment as a
condition for the entry of foreign vessels into their ports or internal
waters or for a call at their off-shore terminals shall give due publicity
to such requirements and shall communicate them to the competent
international organisation. Whenever such requirements are established in
identical form by two or more coastal States in an endeavour to harmonise
policy, the communication shall indicate which States are participating in
such co-operative arrangements. Every State shall require the master of a
vessel flying its flag or of its registry, when navigating within the
territorial sea of a State participating in such co-operative
arrangements, to furnish, upon the request of that State, information as
to whether it is proceeding to a State of the same region participating in
such co-operative arrangements and, if so, to indicate whether it complies
with the port entry requirements of that State. This Article is without
prejudice to the continued exercise by a vessel of its right of innocent
passage or to the application of Article 25, paragraph 2.
4. Coastal States may, in the exercise of their sovereignty within
their territorial sea, adopt laws and regulations for the prevention,
reduction and control of marine pollution from foreign vessels, including
vessels exercising the right of innocent passage. Such laws and
regulations shall, in accordance with Part II, section 3, not hamper
innocent passage of foreign vessels.
5. Coastal States, for the purpose of enforcement as provided for in
section 6, may in respect of their exclusive economic zones adopt laws and
regulations for the prevention, reduction and control of pollution from
vessels conforming to and giving effect to generally accepted
international rules and standards established through the competent
international organisation or general diplomatic conference.
6. (a) Where the international rules and standards referred to in
paragraph 1 are inadequate to meet special circumstances and coastal
States have reasonable grounds for believing that a particular, clearly
defined area of their respective exclusive economic zones is an area where
the adoption of special mandatory measures for the prevention of pollution
from vessels is required for recognised technical reasons in relation to
its oceanographical and ecological conditions, as well as its utilization
or the protection of its resources and the particular character of its
traffic, the coastal States, after appropriate consultations through the
competent international organisation with any other States concerned, may,
for that area, direct a communication to that organisation, submitting
scientific and technical evidence in support and information on necessary
reception facilities. Within 12 months after receiving such a
communication, the organisation shall determine whether the conditions in
that area correspond to the requirements set out above. If the
organisation so determines, the coastal States may, for that area, adopt
laws and regulations for the prevention, reduction and control of
pollution from vessels implementing such international rules and standards
or navigational practices as are made applicable, through the
organisation, for special areas. These laws and regulations shall not
become applicable to foreign vessels until 15 months after the submission
of the communication to the organisation.
(b) The coastal States shall publish the limits of any such
particular, clearly defined area.
(c) If the coastal States intend to adopt additional laws and
regulations for the same area for the prevention, reduction and control of
pollution from vessels, they shall, when submitting the aforesaid
communication, at the same time notify the organisation thereof. Such
additional laws and regulations may relate to discharges or navigational
practices but shall not require foreign vessels to observe design,
construction, manning or equipment standards other than generally accepted
international rules and standards; they shall become applicable to foreign
vessels 15 months after the submission of the communication to the
organisation, provided that the organisation agrees within 12 months after
the submission of the communication.
7. The international rules and standards referred to in this Article
should include inter alia those relating to prompt notification to coastal
States, whose coastline or related interests may be affected by incidents,
including maritime casualties, which involve discharges or probability of
discharges.
Article 212
Pollution from or through the atmosphere
1. States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment from or through the
atmosphere, applicable to the air space under their sovereignty and to
vessels flying their flag or vessels or aircraft of their registry, taking
into account internationally agreed rules, standards and recommended
practices and procedures and the safety of air navigation.
2. States shall take other measures as may be necessary to prevent,
reduce and control such pollution.
3. States, acting especially through competent international
organisations or diplomatic conference, shall endeavour to establish
global and regional rules, standards and recommended practices and
procedures to prevent, reduce and control such pollution.
SECTION 6. ENFORCEMENT
Article 213
Enforcement with respect to pollution from land-based sources
States shall enforce their laws and regulations adopted in accordance
with Article 207 and shall adopt laws and regulations and take other
measures necessary to implement applicable international rules and
standards established through competent international organisations or
diplomatic conference to prevent, reduce and control pollution of the
marine environment from land-based sources.
Article 214
Enforcement with respect to pollution from sea-bed activities
States shall enforce their laws and regulations adopted in accordance
with Article 208 and shall adopt laws and regulations and take other
measures necessary to implement applicable international rules and
standards established through competent international organisations or
diplomatic conference to prevent, reduce and control pollution of the
marine environment arising from or in connection with sea-bed activities
subject to their jurisdiction and from artificial islands, installations
and structures under their jurisdiction, pursuant to Articles 60 and 80.
Article 215
Enforcement with respect to pollution from activities in the Area
Enforcement of international rules, regulations and procedures
established in accordance with Part XI to prevent, reduce and control
pollution of the marine environment from activities in the Area shall be
governed by that Part.
Article 216
Enforcement with respect to pollution by dumping
1. Laws and regulations adopted in accordance with this Convention and
applicable international rules and standards established through competent
international organisations or diplomatic conference for the prevention,
reduction and control of pollution of the marine environment by dumping
shall be enforced:
(a) by the coastal State with regard to dumping within its
territorial sea or its exclusive economic zone or onto its continental
shelf;
(b) by the flag State with regard to vessels flying its flag or
vessels or aircraft of its registry;
(c) by any State with regard to acts of loading of wastes or other
matter occurring within its territory or at its off-shore terminals.
2. No State shall be obliged by virtue of this Article to institute
proceedings when another State has already instituted proceedings in
accordance with this Article.
Article 217
Enforcement by flag States
1. States shall ensure compliance by vessels flying their flag or of
their registry with applicable international rules and standards,
established through the competent international organisation or general
diplomatic conference, and with their laws and regulations adopted in
accordance with this Convention for the prevention, reduction and control
of pollution of the marine environment from vessels and shall accordingly
adopt laws and regulations and take over measures necessary for their
implementation. Flag States shall provide for the effective enforcement of
such rules, standards, laws and regulations, irrespective of where a
violation occurs.
2. States shall, in particular, take appropriate measures in order to
ensure that vessels flying their flag or of their registry are prohibited
from sailing, until they can proceed to sea in compliance with the
requirements of the international rules and standards referred to in
paragraph 1, including requirements in respect of design, construction,
equipment and manning of vessels.
3. States shall ensure that vessels flying their flag or of their
registry carry on board certificates required by and issued pursuant to
international rules and standards referred to in paragraph 1. States shall
ensure that vessels flying their flag are periodically inspected in order
to verify that such certificates are in conformity with the actual
condition of the vessels. These certificates shall be accepted by other
States as evidence of the condition of the vessels and shall be regarded
as having the same force as certificates issued by them, unless there are
clear grounds for believing that the condition of the vessel does not
correspond substantially with the particulars of the certificates.
4. If a vessel commits a violation of rules and standards established
through the competent international organisation or general diplomatic
conference, the flag State, without prejudice to Articles 218, 220 and
228, shall provide for immediate investigation and where appropriate
institute proceedings in respect of the alleged violation irrespective of
where the violation occurred or where the pollution caused by such
violation has occurred or has been spotted.
5. Flag States conducting an investigation of the violation may
request the assistance of any other State whose co-operation could be
useful in clarifying the circumstances of the case. States shall endeavour
to meet appropriate requests of flag States.
6. States shall, at the written request of any State, investigate any
violation alleged to have been committed by vessels flying their flag. If
satisfied that sufficient evidence is available to enable proceedings to
be brought in respect of the alleged violation, flag States shall without
delay institute such proceedings in accordance with their laws.
7. Flag States shall promptly inform the requesting State and the
competent international organisation of the action taken and its outcome.
Such information shall be available to all States.
8. Penalties provided for by the laws and regulations of States for
vessels flying their flag shall be adequate in severity to discourage
violations wherever they occur.
Article 218
Enforcement by port States
1. When a vessel is voluntarily within a port or at an off-shore
terminal of a State, that State may undertake investigations and, where
the evidence so warrants, institute proceedings in respect of any
discharge from that vessel outside the internal waters, territorial sea or
exclusive economic zone of that State in violation of applicable
international rules and standards established through the competent
international organisation or general diplomatic conference.
2. No proceedings pursuant to paragraph 1 shall be instituted in
respect of a discharge violation in the internal waters, territorial sea
or exclusive economic zone of another State unless requested by that
State, the flag State, or a State damaged or threatened by the discharge
violation, or unless the violation has caused or is likely to cause
pollution in the internal waters, territorial sea or exclusive economic
zone of the State instituting the proceedings.
3. When a vessel is voluntarily within a port or at an off-shore
terminal of a State, that State shall, as far as practicable, comply with
requests from any State for investigation of a discharge violation
referred to in paragraph 1, believed to have occurred in, caused, or
threatened damage to the internal waters, territorial sea or exclusive
economic zone of the requesting State. It shall likewise, as far as
practicable, comply with requests from the flag State for investigation of
such a violation, irrespective of where the violation occurred.
4. The records of the investigation carried out by a port State
pursuant to this Article shall be transmitted upon request to the flag
State or to the coastal State. Any proceedings instituted by the port
State on the basis of such an investigation may, subject to section 7, be
suspended at the request of the coastal State when the violation has
occurred within its internal waters, territorial sea or exclusive economic
zone. The evidence and records of the case, together with any bond or
other financial security posted with the authorities of the port State,
shall in that event be transmitted to the coastal State. Such transmittal
shall preclude the continuation of proceedings in the port State.
Article 219
Measures relating to seaworthiness of vessels to avoid pollution
Subject to section 7, States which, upon request or on their own
initiative, have ascertained that a vessel within one of their ports or at
one of their off-shore terminals is in violation of applicable
international rules and standards relating to seaworthiness of vessels and
thereby threatens damage to the marine environment shall, as far as
practicable, take administrative measures to prevent the vessel from
sailing. Such States may permit the vessel to proceed only to the nearest
appropriate repair yard and, upon removal of the causes of the violation,
shall permit the vessel to continue immediately.
Article 220
Enforcement by coastal States
1. When a vessel is voluntarily within a port or at an off-shore
terminal of a State, that State may, subject to section 7, institute
proceedings in respect of any violation of its laws and regulations
adopted in accordance with this Convention or applicable international
rules and standards for the prevention, reduction and control of pollution
from vessels when the violation has occurred within the territorial sea or
the exclusive economic zone of that State.
2. Where there are clear grounds for believing that a vessel
navigating in the territorial sea of a State has, during its passage
therein, violated laws and regulations of that State adopted in accordance
with this Convention or applicable international rules and standards for
the prevention, reduction and control of pollution from vessels, that
State, without prejudice to the application of the relevant provisions of
Part II, section 3, may undertake physical inspection of the vessel
relating to the violation and may, where the evidence so warrants,
institute proceedings, including detention of the vessel, in accordance
with its laws, subject to the provisions of section 7.
3. Where there are clear grounds for believing that a vessel
navigating in the exclusive economic zone or the territorial sea of a
State has, in the exclusive economic zone, committed a violation of
applicable international rules and standards for the prevention, reduction
and control of pollution from vessels or laws and regulations of that
State conforming and giving effect to such rules and standards, that State
may require the vessel to give information regarding its identity and port
of registry, its last and its next port of call and the relevant
information required to establish whether a violation has occurred.
4. States shall adopt laws and regulations and take other measures so
that vessels flying their flag comply with requests for information
pursuant to paragraph 3.
5. Where there are clear grounds for believing that a vessel
navigating in the exclusive economic zone or the territorial sea of a
State has, in the exclusive economic zone, committed a violation referred
to in paragraph 3 resulting in a substantial discharge causing or
threatening significant pollution of the marine environment, that State
may undertake physical inspection of the vessel for matters relating to
the violation if the vessel has refused to give information or if the
information supplied by the vessel is manifestly at variance with the
evident factual situation and if the circumstances of the case justify
such inspection.
6. Where there is clear objective evidence that a vessel navigating in
the exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation referred to in paragraph 3
resulting in a discharge causing major damage or threat of major damage to
the coastline or related interests of the coastal State, or to any
resources of its territorial sea or exclusive economic zone, that State
may, subject to section 7, provided that the evidence so warrants,
institute proceedings, including detention of the vessel, in accordance
with its laws.
7. Notwithstanding the provisions of paragraph 6, whenever appropriate
procedures have been established, either through the competent
international organisation or as otherwise agreed, whereby compliance with
requirements for bonding or other appropriate financial security has been
assured, the coastal State if bound by such procedures shall allow the
vessel to proceed.
8. The provisions of paragraphs 3, 4, 5, 6 and 7 also apply in respect
of national laws and regulations adopted pursuant to Article 211,
paragraph 6.
Article 221
Measures to avoid pollution arising from maritime casualties
1. Nothing in this Part shall prejudice the right of States, pursuant
to international law, both customary and conventional, to take and
enforce measures beyond the territorial sea proportionate to the actual or
threatened damage to protect their coastline or related interests,
including fishing, from pollution or threat of pollution following upon a
maritime casualty or acts relating to such a casualty, which may
reasonably be expected to result in major harmful consequences.
2. For the purpose of this Article, "maritime casualty" means a
collision of vessels, stranding or other incident of navigation, or other
occurrence on board a vessel or external to it resulting in material
damage or imminent threat of material damage to a vessel or cargo.
Article 222
Enforcement with respect to pollution from or through the atmosphere
States shall enforce, within the air space under their sovereignty or
with regard to vessels flying their flag or vessels or aircraft of their
registry, their laws and regulations adopted in accordance with Article
212, paragraph 1, and with other provisions of this Convention and shall
adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent
international organisations or diplomatic conference to prevent, reduce
and control pollution of the marine environment from or through the
atmosphere, in conformity with all relevant international rules and
standards concerning the safety of air navigation.
SECTION 7. SAFEGUARDS
Article 223
Measures to facilitate proceedings
In proceedings instituted pursuant to this Part, States shall take
measures to facilitate the hearing of witnesses and the admission of
evidence submitted by authorities of another State, or by the competent
international organisation, and shall facilitate the attendance at such
proceedings of official representatives of the competent international
organisation, the flag State and any State affected by pollution arising
out of any violation. The official representatives attending such
proceedings shall have such rights and duties as may be provided under
national laws and regulations or international law.
Article 224
Exercise of powers of enforcement
The powers of enforcement against foreign vessels under this Part may
only be exercised by officials or by warships, military aircraft, or other
ships or aircraft clearly marked and identifiable as being on government
service and authorised to that effect.
Article 225
Duty to avoid adverse consequences in the exercise of the powers of
enforcement
In the exercise under this Convention of their powers of enforcement
against foreign vessels, States shall not endanger the safety of
navigation or otherwise create any hazard to a vessel, or bring it to an
unsafe port or anchorage, or expose the marine environment to an
unreasonable risk.
Article 226
Investigation of foreign vessels
1. (a) States shall not delay a foreign vessel longer than is
essential for purposes of the investigations provided for in Articles 216,
218 and 220. Any physical inspection of a foreign vessel shall be limited
to an examination of such certificates, records or other documents as the
vessel is required to carry by generally accepted international rules and
standards or of any similar documents which it is carrying; further
physical inspection of the vessel may be undertaken only after such an
examination and only when:
(i) there are clear grounds for believing that the condition
of the vessel or its equipment does not correspond substantially with the
particulars of those documents;
(ii) the contents of such documents are not sufficient to
confirm or verify a suspected violation; or
(iii) the vessel is not carrying valid certificates and
records.
(b) If the investigation indicates a violation of applicable laws
and regulations or international rules and standards for the protection
and preservation of the marine environment, release shall be made
promptly subject to reasonable procedures such as bonding or other
appropriate financial security.
(c) Without prejudice to applicable international rules and
standards relating to the seaworthiness of vessels, the release of a
vessel may, whenever it would present an unreasonable threat of damage to
the marine environment, be refused or made conditional upon proceeding to
the nearest appropriate repair yard. Where release has been refused or
made conditional, the flag State of the vessel must be promptly notified,
and may seek release of the vessel in accordance with Part XV.
2. States shall co-operate to develop procedures for the avoidance of
unnecessary physical inspection of vessels at sea.
Article 227
Non-discrimination with respect to foreign vessels
In exercising their rights and performing their duties under this
Part, States shall not discriminate in form or in fact against vessels of
any other State.
Article 228
Suspension and restrictions on institution of proceedings
1. Proceedings to impose penalties in respect of any violation of
applicable laws and regulations or international rules and standards
relating to the prevention, reduction and control of pollution from
vessels committed by a foreign vessel beyond the territorial sea of the
State instituting proceedings shall be suspended upon the taking of
proceedings to impose penalties in respect of corresponding charges by the
flag State within six months of the date on which proceedings were first
instituted, unless those proceedings relate to a case of major damage to
the coastal State or the flag State in question has repeatedly disregarded
its obligations to enforce effectively the applicable international rules
and standards in respect of violations committed by its vessels. The flag
State shall in due course make available to the State previously
instituting proceedings a full dossier of the case and the records of the
proceedings, whenever the flag State has requested the suspension of
proceedings in accordance with this Article. When proceedings instituted
by the flag State have been brought to a conclusion, the suspended
proceedings shall be terminated. Upon payment of costs incurred in respect
of such proceedings, any bond posted or other financial security provided
in connection with the suspended proceedings shall be released by the
coastal State.
2. Proceedings to impose penalties on foreign vessels shall not be
instituted after the expiry of three years from the date on which the
violation was committed, and shall not be taken by any State in the event
of proceedings having been instituted by another State subject to the
provisions set out in paragraph 1.
3. The provisions of this Article are without prejudice to the right
of the flag State to take any measures, including proceedings to impose
penalties, according to its laws irrespective of prior proceedings by
another State.
Article 229
Institution of civil proceedings
Nothing in this Convention affects the institution of civil
proceedings in respect of any claim for loss or damage resulting from
pollution of the marine environment.
Article 230
Monetary penalties and the observance of recognised rights of the
accused
1. Monetary penalties only may be imposed with respect to violations
of national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels beyond the territorial
sea.
2. Monetary penalties only may be imposed with respect to violations
of national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels in the territorial sea,
except in the case of a wilful and serious act of pollution in the
territorial sea.
3. In the conduct of proceedings in respect of such violations
committed by a foreign vessel which may result in the imposition of
penalties, recognised rights of the accused shall be observed.
Article 231
Notification to the flag State and other States concerned
States shall promptly notify the flag State and any other State
concerned of any measures taken pursuant to section 6 against foreign
vessels, and shall submit to the flag State all official reports
concerning such measures. However, with respect to violations committed in
the territorial sea, the foregoing obligations of the coastal State apply
only to such measures as are taken in proceedings. The diplomatic agents
or consular officers and where possible the maritime authority of the flag
State, shall be immediately informed of any such measures taken pursuant
to section 6 against foreign vessels.
Article 232
Liability of States arising from enforcement measures
States shall be liable for damage or loss attributable to them arising
from measures taken pursuant to section 6 when such measures are unlawful
or exceed those reasonably required in the light of available information.
States shall provide for recourse in their courts for actions in respect
of such damage or loss.
Article 233
Safeguards with respect to straits used for international navigation
Nothing in sections 5, 6 and 7 affects the legal regime of straits
used for international navigation. However, if a foreign ship other than
those referred to in section 10 has committed a violation of the laws and
regulations referred to in Article 42, paragraph 1 (a) and (b), causing or
threatening major damage to the marine environment of the straits, the
States bordering the straits may take appropriate enforcement measures and
if so shall respect mutatis mutandis the provisions of this section.
SECTION 8. ICE-COVERED AREAS
Article 234
Ice-covered areas
Coastal States have the right to adopt and enforce non-discriminatory
laws and regulations for the prevention, reduction and control of marine
pollution from vessels in ice-covered areas within the limits of the
exclusive economic zone, where particularly severe climatic conditions and
the presence of ice covering such areas for most of the year create
obstructions or exceptional hazards to navigation, and pollution of the
marine environment could cause major harm to or irreversible disturbance
of the ecological balance. Such laws and regulations shall have due regard
to navigation and the protection and preservation of the marine
environment based on the best available scientific evidence.
SECTION 9. RESPONSIBILITY AND LIABILITY
Article 235
Responsibility and liability
1. States are responsible for the fulfilment of their international
obligations concerning the protection and preservation of the marine
environment. They shall be liable in accordance with international law.
2. States shall ensure that recourse is available in accordance with
their legal systems for prompt and adequate compensation or other relief
in respect of damage caused by pollution of the marine environment by
natural or juridical persons under their jurisdiction.
3. With the objective of assuring prompt and adequate compensation in
respect of all damage caused by pollution of the marine environment,
States shall co-operate in the implementation of existing international
law and the further development of international law relating to
responsibility and liability for the assessment of and compensation for
damage and the settlement of related disputes, as well as, where
appropriate, development of criteria and procedures for payment of
adequate compensation, such as compulsory insurance or compensation funds.
SECTION 10. SOVEREIGN IMMUNITY
Article 236
Sovereign immunity
The provisions of this Convention regarding the protection and
preservation of the marine environment do not apply to any warship, naval
auxiliary, other vessels or aircraft owned or operated by a State and
used, for the time being, only on government non-commercial service.
However, each State shall ensure, by the adoption of appropriate measures
not impairing operations or operational capabilities of such vessels or
aircraft owned or operated by it, that such vessels or aircraft act in a
manner consistent, so far as is reasonable and practicable, with this
Convention.
SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS ON THE PROTECTIONAND PRESERVATION OF THE MARINE ENVIRONMENT
Article 237
Obligations under other conventions on the protection and preservation
of the marine environment
1. The provisions of this Part are without prejudice to the specific
obligations assumed by States under special conventions and agreements
concluded previously which relate to the protection and preservation of
the marine environment and to agreements which may be concluded in
furtherance of the general principles set forth in this Convention.
2. Specific obligations assumed by States under special conventions,
with respect to the protection and preservation of the marine environment,
should be carried out in a manner consistent with the general principles
and objectives of this Convention.
PART XIII MARINE SCIENTIFIC RESEARCH
SECTION 1. GENERAL PROVISIONS
Article 238
Right to conduct marine scientific research
All States, irrespective of their geographical location, and competent
international organisations have the right to conduct marine scientific
research subject to the rights and duties of other States as provided for
in this Convention.
Article 239
Promotion of marine scientific research
States and competent international organisations shall promote and
facilitate the development and conduct of marine scientific research in
accordance with this Convention.
Article 240
General principles for the conduct of marine scientific research
In the conduct of marine scientific research the following principles
shall apply:
(a) marine scientific research shall be conducted exclusively for
peaceful purposes;
(b) marine scientific research shall be conducted with appropriate
scientific methods and means compatible with this Convention;
(c) marine scientific research shall not unjustifiably interfere
with other legitimate uses of the sea compatible with this Convention and
shall be duly respected in the course of such uses;
(d) marine scientific research shall be conducted in compliance
with all relevant regulations adopted in conformity with this Convention
including those for the protection and preservation of the marine
environment.
Article 241
Non-recognition of marine scientific research activities as the legal
basis for claims
Marine scientific research activities shall not constitute the legal
basis for any claim to any part of the marine environment or its
resources.
SECTION 2. INTERNATIONAL CO-OPERATION
Article 242
Promotion of international co-operation
1. States and competent international organisations shall, in
accordance with the principle of respect for sovereignty and jurisdiction
and on the basis of mutual benefit, promote international co-operation in
marine scientific research for peaceful purposes.
2. In this context, without prejudice to the rights and duties of
States under this Convention, a State, in the application of this Part,
shall provide, as appropriate, other States with a reasonable opportunity
to obtain from it, or with its co-operation, information necessary to
prevent and control damage to the health and safety of persons and to the
marine environment.
Article 243
Creation of favourable conditions
States and competent international organisations shall co-operate,
through the conclusion of bilateral and multilateral agreements, to create
favourable conditions for the conduct of marine scientific research in the
marine environment and to integrate the efforts of scientists in studying
the essence of phenomena and processes occurring in the marine environment
and the interrelations between them.
Article 244
Publication and dissemination of information and knowledge
1. States and competent international organisations shall, in
accordance with this Convention, make available by publication and
dissemination through appropriate channels information on proposed major
programmes and their objectives as well as knowledge resulting from marine
scientific research.
2. For this purpose, States, both individually and in co-operation
with other States and with competent international organisations, shall
actively promote the flow of scientific data and information and the
transfer of knowledge resulting from marine scientific research,
especially to developing States, as well as the strengthening of the
autonomous marine scientific research capabilities of developing States
through, inter alia, programmes to provide adequate education and training
of their technical and scientific personnel.
SECTION 3. CONDUCT AND PROMOTION OF MARINE SCIENTIFIC RESEARCH
Article 245
Marine scientific research in the territorial sea
Coastal States, in the exercise of their sovereignty, have the
exclusive right to regulate, authorise and conduct marine scientific
research in their territorial sea. Marine scientific research therein
shall be conducted only with the express consent of and under the
conditions set forth by the coastal State.
Article 246
Marine scientific research in the exclusive economic zone and on the
continental shelf
1. Coastal States, in the exercise of their jurisdiction, have the
right to regulate, authorise and conduct marine scientific research in
their exclusive economic zone and on their continental shelf in accordance
with the relevant provisions of this Convention.
2. Marine scientific research in the exclusive economic zone and on
the continental shelf shall be conducted with the consent of the coastal
State.
3. Coastal States shall, in normal circumstances, grant their consent
for marine scientific research projects by other States or competent
international organisations in their exclusive economic zone or on their
continental shelf to be carried out in accordance with this Convention
exclusively for peaceful purposes and in order to increase scientific
knowledge of the marine environment for the benefit of all mankind. To
this end, coastal States shall establish rules and procedures ensuring
that such consent will not be delayed or denied unreasonably.
4. For the purposes of applying paragraph 3, normal circumstances may
exist in spite of the absence of diplomatic relations between the coastal
State and the researching State.
5. Coastal States may however in their discretion withhold their
consent to the conduct of a marine scientific research project of another
State or competent international organisation in the exclusive economic
zone or on the continental shelf of the coastal State if that project:
(a) is of direct significance for the exploration and exploitation
of natural resources, whether living or non-living;
(b) involves drilling into the continental shelf, the use of
explosives or the introduction of harmful substances into the marine
environment;
(c) involves the construction, operation or use of artificial
islands, installations and structures referred to in Articles 60 and 80;
(d) contains information communicated pursuant to Article 248
regarding the nature and objectives of the project which is inaccurate or
if the researching State or competent international organisation has
outstanding obligations to the coastal State from a prior research
project.
6. Notwithstanding the provisions of paragraph 5, coastal States may
not exercise their discretion to withhold consent under subparagraph (a)
of that paragraph in respect of marine scientific research projects to be
undertaken in accordance with the provisions of this Part on the
continental shelf, beyond 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured, outside those specific
areas which coastal States may at any time publicly designate as areas in
which exploitation or detailed exploratory operations focused on those
areas are occurring or will occur within a reasonable period of time.
Coastal States shall give reasonable notice of the designation of such
areas, as well as any modifications thereto, but shall not be obliged to
give details of the operations therein.
7. The provisions of paragraph 6 are without prejudice to the rights
of coastal States over the continental shelf as established in Article 77.
8. Marine scientific research activities referred to in this Article
shall not unjustifiably interfere with activities undertaken by coastal
States in the exercise of their sovereign rights and jurisdiction provided
for in this Convention.
Article 247
Marine scientific research projects undertaken by or under the
auspices of international organisations
A coastal State which is a member of or has a bilateral agreement with
an international organisation, and in whose exclusive economic zone or on
whose continental shelf that organisation wants to carry out a marine
scientific research project, directly or under its auspices, shall be
deemed to have authorised the project to be carried out in conformity with
the agreed specification if that State approved the detailed project when
the decision was made by the organisation for the undertaking of the
project, or is willing to participate in it, and has not expressed any
objection within four months of notification of the project by the
organisation to the coastal State.
Article 248
Duty to provide information to the coastal State
States and competent international organisations which intend to
undertake marine scientific research in the exclusive economic zone or on
the continental shelf of a coastal State shall, not less than six months
in advance of the expected starting date of the marine scientific research
project, provide that State with a full description of:
(a) the nature and objectives of the project;
(b) the method and means to be used, including name, tonnage, type
and class of vessels and a description of scientific equipment;
(c) the precise geographical areas in which the project is to be
conducted;
(d) the expected date of first appearance and final departure of
the research vessels, or deployment of the equipment and its removal, as
appropriate;
(e) the name of the sponsoring institution, its director, and the
person in charge of the project; and
(f) the extent to which it is considered that the coastal State
should be able to participate or to be represented in the project.
Article 249
Duty to comply with certain conditions
1. States and competent international organisations when undertaking
marine scientific research in the exclusive economic zone or on the
continental shelf of a coastal State shall comply with the following
conditions:
(a) ensure the right of the coastal State, if it so desires, to
participate or be represented in the marine scientific research project,
especially on board research vessels and other craft or scientific
research installations, when practicable, without payment of any
remuneration to the scientists of the coastal State and without obligation
to contribute towards the costs of the project;
(b) provide the coastal State, at its request, with preliminary
reports, as soon as practicable, and with the final results and
conclusions after the completion of the research;
(c) undertake to provide access for the coastal State, at its
request, to all data and samples derived from the marine scientific
research project and likewise to furnish it with data which may be copied
and samples which may be divided without detriment to their scientific
value;
(d) if requested, provide the coastal State with an assessment of
such data, samples and research results or provide assistance in their
assessment or interpretation;
(e) ensure, subject to paragraph 2, that the research results are
made internationally available through appropriate national or
international channels, as soon as practicable;
(f) inform the coastal State immediately of any major change in
the research programme;
(g) unless otherwise agreed, remove the scientific research
installations or equipment once the research is completed.
2. This Article is without prejudice to the conditions established by
the laws and regulations of the coastal State for the exercise of its
discretion to grant or withhold consent pursuant to Article 246, paragraph
5, including requiring prior agreement for making internationally
available the research results of a project of direct significance for the
exploration and exploitation of natural resources.
Article 250
Communications concerning marine scientific research projects
Communications concerning the marine scientific research projects
shall be made through appropriate official channels, unless otherwise
agreed.
Article 251
General criteria and guidelines
States shall seek to promote through competent international
organisations the establishment of general criteria and guidelines to
assist States in ascertaining the nature and implications of marine
scientific research.
Article 252
Implied consent
States or competent international organisations may proceed with a
marine scientific research project six months after the date upon which
the information required pursuant to Article 248 was provided to the
coastal State unless within four months of the receipt of the
communication containing such information the coastal State has informed
the State organisation conducting the research that:
(a) it has withheld its consent under the provisions of Article
246; or
(b) the information given by that State or competent international
organisation regarding the nature or objectives of the project does not
conform to the manifestly evident facts; or
(c) it requires supplementary information relevant to conditions
and the information provided for under Articles 248 and 249; or
(d) outstanding obligations exist with respect to a previous
marine scientific research project carried out by that State or
organisation, with regard to conditions established in Article 249.
Article 253
Suspension or cessation of marine scientific research activities
1. A coastal State shall have the right to require the suspension of
any marine scientific research activities in progress within its exclusive
economic zone or on its continental shelf if:
(a) the research activities are not being conducted in accordance
with the information communicated as provided under Article 248 upon which
the consent of the coastal State was based; or
(b) the State or competent international organisation conducting
the research activities fails to comply with the provisions of Article 249
concerning the rights of the coastal State with respect to the marine
scientific research project.
2. A coastal State shall have the right to require the cessation of
any marine scientific research activities in case of any non-compliance
with the provisions of Article 248 which amounts to a major change in the
research project or the research activities.
3. A coastal State may also require cessation of marine scientific
research activities if any of the situations contemplated in paragraph 1
are not rectified within a reasonable period of time.
4. Following notification by the coastal State of its decision to
order suspension or cessation, States or competent international
organisations authorised to conduct marine scientific research activities
shall terminate the research activities that are the subject of such a
notification.
5. An order of suspension under paragraph 1 shall be lifted by the
coastal State and the marine scientific research activities allowed to
continue once the researching State or competent international
organisation has complied with the conditions required under Articles 248
and 249.
Article 254
Rights of neighbouring land-locked and geographically disadvantaged
States
1. States and competent international organisations which have
submitted to a coastal State a project to undertake marine scientific
research referred to in Article 246, paragraph 3, shall give notice to
the neighbouring land-locked and geographically disadvantaged States of
the proposed research project, and shall notify the coastal State thereof.
2. After the consent has been given for the proposed marine scientific
research project by the coastal State concerned, in accordance with
Article 246 and other relevant provisions of this Convention, States and
competent international organisations undertaking such a project shall
provide to the neighbouring land-locked and geographically disadvantaged
States, at their request and when appropriate, relevant information as
specified in Article 248 and Article 249, paragraph 1 (f).
3. The neighbouring land-locked and geographically disadvantaged
States referred to above shall, at their request, be given the opportunity
to participate, whenever feasible, in the proposed marine scientific
research project through qualified experts appointed by them and not
objected to by the coastal State, in accordance with the conditions agreed
for the project, in conformity with the provisions of this Convention,
between the coastal State concerned and the State or competent
international organisations conducting the marine scientific research.
4. States and competent international organisations referred to in
paragraph 1 shall provide to the above-mentioned land-locked and
geographically disadvantaged States, at their request, the information
and assistance specified in Article 249, paragraph 1 (d), subject to the
provisions of Article 249, paragraph 2.
Article 255
Measures to facilitate marine scientific research and assist research
vessels
States shall endeavour to adopt reasonable rules, regulations and
procedures to promote and facilitate marine scientific research conducted
in accordance with this Convention beyond their territorial sea and, as
appropriate, to facilitate, subject to the provisions of their laws and
regulations, access to their harbours and promote assistance for marine
scientific research vessels which comply with the relevant provisions of
this Part.
Article 256
Marine scientific research in the Area
All States, irrespective of their geographical location, and competent
international organisations have the right, in conformity with the
provisions of Part XI, to conduct marine scientific research in the Area.
Article 257
Marine scientific research in the water column beyond the exclusive
economic zone
All States, irrespective of their geographical location, and competent
international organisations have the right, in conformity with this
Convention, to conduct marine scientific research in the water column
beyond the limits of the exclusive zone.
SECTION 4. SCIENTIFIC RESEARCH INSTALLATIONS OR EQUIPMENT IN THEMARINE ENVIRONMENT
Article 258
Deployment and use
The deployment and use of any type of scientific research
installations or equipment in any area of the marine environment shall be
subject to the same conditions as are prescribed in this Convention for
the conduct of marine scientific research in any such area.
Article 259
Legal status
The installations or equipment referred to in this section do not
possess the status of islands. They have no territorial sea of their own,
and their presence does not affect the delimitation of the territorial
sea, the exclusive economic zone or the continental shelf.
Article 260
Safety zones
Safety zones of a reasonable breadth not exceeding a distance of 500
metres may be created around scientific research installations in
accordance with the relevant provisions of this Convention. All States
shall ensure that such safety zones are respected by their vessels.
Article 261
Non-interference with shipping routes
The deployment and use of any type of scientific research
installations or equipment shall not constitute an obstacle to established
international shipping routes.
Article 262
Identification markings and warning signals
Installations or equipment referred to in this section shall bear
identification markings indicating the State of registry or the
international organisation to which they belong and shall have adequate
internationally agreed warning signals to ensure safety at sea and the
safety of air navigation, taking into account rules and standards
established by competent international organisations.
SECTION 5. RESPONSIBILITY AND LIABILITY
Article 263
Responsibility and liability
1. States and competent international organisations shall be
responsible for ensuring that marine scientific research, whether
undertaken by them or on their behalf, is conducted in accordance with
this Convention.
2. States and competent international organisations shall be
responsible and liable for the measures they take in contravention of this
Convention in respect of marine scientific research conducted by other
States, their natural or juridical persons or by competent international
organisations, and shall provide compensation for damage resulting from
such measures.
3. States and competent international organisations shall be
responsible and liable pursuant to Article 235 for damage caused by
pollution of the marine environment arising out of marine scientific
research undertaken by them or on their behalf.
SECTION 6. SETTLEMENT OF DISPUTES AND INTERIM MEASURES
Article 264
Settlement of disputes
Disputes concerning the interpretation or application of the
provisions of this Convention with regard to marine scientific research
shall be settled in accordance with Part XV, sections 2 and 3.
Article 265
Interim measures
Pending settlement of a dispute in accordance with Part XV, sections 2
and 3, the State or competent international organisation authorised to
conduct a marine scientific research project shall not allow research
activities to commence or continue without the express consent of the
coastal State concerned.
PART XIV DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY
SECTION 1. GENERAL PROVISIONS
Article 266
Promotion of the development and transfer of marine technology
1. States, directly or through competent international organisations,
shall co-operate in accordance with their capabilities to promote actively
the development and transfer of marine science and marine technology on
fair and reasonable terms and conditions.
2. States shall promote the development of the marine scientific and
technological capacity of States which may need and request technical
assistance in this field, particularly developing States, including
land-locked and geographically disadvantaged States, with regard to the
exploration, exploitation, conservation and management of marine
resources, the protection and preservation of the marine environment,
marine scientific research and other activities in the marine environment
compatible with this Convention, with a view to accelerating the social
and economic development of the developing States.
3. States shall endeavour to foster favourable economic and legal
conditions for the transfer of marine technology for the benefit of all
parties concerned on an equitable basis.
Article 267
Protection of legitimate interests
States, in promoting co-operation pursuant to Article 266, shall have
due regard for all legitimate interests including, inter alia, the rights
and duties of holders, suppliers and recipients of marine technology.
Article 268
Basic objectives
States, directly or through competent international organisations,
shall promote:
(a) the acquisition, evaluation and dissemination of marine
technological knowledge and facilitate access to such information and
data;
(b) the development of appropriate marine technology;
(c) the development of the necessary technological infrastructure
to facilitate the transfer of marine technology;
(d) the development of human resources through training and
education of nationals of developing States and countries and especially
the nationals of the least developed among them;
(e) international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.
Article 269
Measures to achieve the basic objectives
In order to achieve the objectives referred to in Article 268, States,
directly or through competent international organisations, shall
endeavour, inter alia, to:
(a) establish programmes of technical co-operation for the
effective transfer of all kinds of marine technology to States which may
need and request technical assistance in this field, particularly the
developing land-locked and geographically disadvantaged States, as well as
other developing States which have not been able either to establish or
develop their own technological capacity in marine science and in the
exploration and exploitation of marine resources or to develop the
infrastructure of such technology;
(b) promote favourable conditions for the conclusion of
agreements, contracts and other similar arrangements, under equitable and
reasonable conditions;
(c) hold conferences, seminars and symposia on scientific and
technological subjects, in particular on policies and methods for the
transfer of marine technology;
(d) promote the exchange of scientists and of technological and
other experts;
(e) undertake projects and promote joint ventures and other forms
of bilateral and multilateral co-operation.
SECTION 2. INTERNATIONAL CO-OPERATION
Article 270
Ways and means of international co-operation
International co-operation for the development and transfer of marine
technology shall be carried out, where feasible and appropriate, through
existing bilateral, regional or multilateral programmes, and also through
expanded and new programmes in order to facilitate marine scientific
research, the transfer of marine technology, particularly in new fields,
and appropriate international funding for ocean research and development.
Article 271
Guidelines, criteria and standards
States, directly or through competent international organisations,
shall promote the establishment of generally accepted guidelines, criteria
and standards for the transfer of marine technology on a bilateral basis
or within the framework of international organisations and other form,
taking into account, in particular, the interests and needs of developing
States.
Article 272
Co-ordination of international programmes
In the field of transfer of marine technology, States shall endeavour
to ensure that competent international organisations co-ordinate their
activities, including any regional or global programmes, taking into
account the interests and needs of developing States, particularly
landlocked and geographically disadvantaged States.
Article 273
Co-operation with international organisations and the Authority
States shall co-operate actively with competent international
organisations and the Authority to encourage and facilitate the transfer
to developing States, their nationals and the Enterprise of skills and
marine technology with regard to activities in the Area.
Article 274
Objectives of the Authority
Subject to all legitimate interests including, inter alia, the rights
and duties of holders, suppliers and recipients of technology, the
Authority, with regard to activities in the Area, shall ensure that:
(a) on the basis of the principle of equitable geographical
distribution, nationals of developing States, whether coastal, land-locked
or geographically disadvantaged, shall be taken on for the purposes of
training as members of the managerial, research and technical staff
constituted for its undertakings;
(b) the technical documentation on the relevant equipment,
machinery, devices and processes is made available to all States, in
particular developing States which may need and request technical
assistance in this field;
(c) adequate provision is made by the Authority to facilitate the
acquisition of technical assistance in the field of marine technology by
States which may need and request it, in particular developing States, and
the acquisition by their nationals of the necessary skills and know-how,
including professional training;
(d) States which may need and request technical assistance in this
field, in particular developing States, are assisted in the acquisition of
necessary equipment, processes, plant and other technical know-how
through any financial arrangements provided for in this Convention.
SECTION 3. NATIONAL AND REGIONAL MARINE SCIENTIFIC AND TECHNOLOGI-CAL CENTRES
Article 275
Establishment of national centres
1. States, directly or through competent international organisations
and the Authority, shall promote the establishment, particularly in
developing coastal States, of national marine scientific and technological
research centres and the strengthening of existing national centres, in
order to stimulate and advance the conduct of marine scientific research
by developing coastal States and to enhance their national capabilities to
utilise and preserve their marine resources for their economic benefit.
2. States, through competent international organisations and the
Authority, shall give adequate support to facilitate the establishment and
strengthening of such national centres so as to provide for advanced
training facilities and necessary equipment, skills and know-how as well
as technical experts to such States which may need and request such
assistance.
Article 276
Establishment of regional centres
1. States, in co-ordination with the competent international
organisations, the Authority and national marine scientific and
technological research institutions, shall promote the establishment of
regional marine scientific and technological research centres,
particularly in developing States, in order to stimulate and advance the
conduct of marine scientific research by developing States and foster the
transfer of marine technology.
2. All States of a region shall co-operate with the regional centres
therein to ensure the more effective achievement of their objectives.
Article 277
Functions of regional centres
The functions of such regional centres shall include, inter alia:
(a) training and educational programmes at all levels on various
aspects of marine scientific and technological research, particularly
marine biology, including conservation and management of living resources,
oceanography, hydrography, engineering, engineering, geological
exploration of the sea-bed, mining and desalination technologies;
(b) management studies;
(c) study programmes related to the protection and preservation of
the marine environment and the prevention, reduction and control of
pollution;
(d) organisation of regional conferences, seminars and symposia;
(e) acquisition and processing of marine scientific and
technological data and information;
(f) prompt dissemination of results of marine scientific and
technological research in readily available publications;
(g) publicising national policies with regard to the transfer of
marine technology and systematic comparative study of those policies;
(h) compilation and systematisation of information on the
marketing of technology and on contracts and other arrangements concerning
patents;
(i) technical co-operation with other States of the region.
SECTION 4. CO-OPERATION AMONG INTERNATIONAL ORGANISATIONS
Article 278
Co-operation among international organisations
The competent international organisations referred to in this Part and
in Part XIII shall take all appropriate measures to ensure, either
directly or in close co-operation among themselves, the effective
discharge of their functions and responsibilities under this Part.
PART XV SETTLEMENT OF DISPUTES
SECTION 1. GENERAL PROVISIONS
Article 279
Obligation to settle disputes by peaceful means
States Parties shall settle any dispute between them concerning the
interpretation or application of this Convention by peaceful means in
accordance with Article 2, paragraph 3, of the Charter of the United
Nations and, to this end, shall seek a solution by the means indicated in
Article 33, paragraph 1, of the Charter.
Article 280
Settlement of disputes by any peaceful means chosen by the parties
Nothing in this Part impairs the right of any States Parties to agree
at any time to settle a dispute between them concerning the interpretation
or application of this Convention by any peaceful means of their own
choice.
Article 281
Procedure where no settlement has been reached by the parties
1. If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed to seek
settlement of the dispute by a peaceful means of their own choice, the
procedures provided for in this Part apply only where no settlement has
been reached by recourse to such means and the agreement between the
parties does not exclude any further procedure.
2. If the parties have also agreed on a time-limit, paragraph 1
applies only upon the expiration of that time-limit.
Article 282
Obligations under general, regional or bilateral agreements
If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed, through a
general, regional or bilateral agreement or otherwise, that such dispute
shall, at the request of any party to the dispute, be submitted to a
procedure that entails a binding decision, that procedure shall apply in
lieu of the procedures provided for in this Part, unless the parties to
the dispute otherwise agree.
Article 283
Obligation to exchange views
1. When a dispute arises between States Parties concerning the
interpretation or application of this Convention, the parties to the
dispute shall proceed expeditiously to an exchange of views regarding its
settlement by negotiation or other peaceful means.
2. The parties shall also proceed expeditiously to an exchange of
views where a procedure for the settlement of such a dispute has been
terminated without a settlement or where a settlement has been reached and
the circumstances require consultation regarding the manner of
implementing the settlement.
Article 284
Conciliation
1. A State Party which is party to a dispute concerning the
interpretation or application of this Convention may invite the other
party or parties to submit the dispute to conciliation in accordance with
the procedure under Annes V, section 1, or another conciliation procedure.
2. If the invitation is accepted and if the parties agree upon the
conciliation procedure to be applied, any party may submit the dispute to
that procedure.
3. If the invitation is not accepted or the parties do not agree upon
the procedure, the conciliation proceedings shall be deemed to be
terminated.
4. Unless the parties otherwise agree, when a dispute has been
submitted to conciliation, the proceedings may be terminated only in
accordance with the agreed conciliation procedure.
Article 285
Application of this section to disputes submitted pursuant to Part XI
This section applies to any dispute which pursuant to Part XI, section
5, is to be settled in accordance with procedures provided for in this
Part. If an entity other than a State Party is a party to such a dispute,
this section applies mutatis mutandis.
SECTION 2. COMPULSORY PROCEDURES ENTAILING BINDING DECISIONS
Article 286
Application of procedures under this section
Subject to section 3, any dispute concerning the interpretation or
application of this Convention shall, where no settlement has been reached
by recourse to section 1, be submitted at the request of any party to the
dispute to the court or tribunal having jurisdiction under this section.
Article 287
Choice of procedure
1. When signing, ratifying or acceding to this Convention or at any
time thereafter, a State shall be free to choose, by means of a written
declaration, one or more of the following means for the settlement of
disputes concerning the interpretation or application of this Convention:
(a) the International Tribunal for the Law of the Sea established
in accordance with Annex VI;
(b) the International Court of Justice;
(c) an arbitral tribunal constituted in accordance with Annex VII;
(d) a special orbital tribunal constituted in accordance with
Annex VIII for one or more of the categories of disputes specified
therein.
2. A declaration made under paragraph 1 shall not affect or be
affected by the obligation of a State Party to accept the jurisdiction of
the Sea-Bed Disputes Chamber of the International Tribunal for the Law of
the Sea to the extent and in the manner provided for in Part XI, section
5.
3. A State Party, which is a party to a dispute not covered by a
declaration in force, shall be deemed to have accepted arbitration in
accordance with Annex VII.
4. If the parties to a dispute have accepted the same procedure for
the settlement of the dispute, it may be submitted only to that procedure,
unless the parties otherwise agree.
5. If the parties to a dispute have not accepted the same procedure
for the settlement of the dispute, it may be submitted only to arbitration
in accordance with Annex VII, unless the parties otherwise agree.
6. A declaration made under paragraph 1 shall remain in force until
three months after notice of revocation has been deposited with the
Secretary-General of the United Nations.
7. A new declaration, a notice of revocation or the expiry of a
declaration does not in any way affect proceedings pending before a court
or tribunal having jurisdiction under this Article, unless the parties
otherwise agree.
8. Declarations and notices referred to in this Article shall be
deposited with the Secretary-General of the United Nations, who shall
transmit copies thereof to the States Parties.
Article 288
Jurisdiction
1. A court or tribunal referred to in Article 287 have jurisdiction
over any dispute concerning the interpretation or application of this
Convention which is submitted to it in accordance with this Part.
2. A court or tribunal referred to in Article 287 shall also have
jurisdiction over any dispute concerning the interpretation or application
of an international agreement related to the purposes of this Convention,
which is submitted to it in accordance with the agreement.
3. The Sea-Bed Disputes Chamber of the International Tribunal for the
Law of the Sea established in accordance with Annex VI, and any other
chamber or arbitral tribunal referred to in Part XI, section 5, shall have
jurisdiction in any matter which is submitted to it in accordance
therewith.
4. In the event of a dispute as to whether a court or tribunal has
jurisdiction, the matter shall be settled by decision of that court or
tribunal.
Article 289
Experts
In any dispute involving scientific or technical matters, a court or
tribunal exercising jurisdiction under this section may, at the request of
a party or proprio motu, select in consultation with the parties no fewer
than two scientific or technical experts chosen preferably from the
relevant list prepared in accordance with Annex VIII, Article 2, to sit
with the court or tribunal but without the right to vote.
Article 290
Provisional measures
1. If a dispute has been duly submitted to a court or tribunal which
considers that prima facie it has jurisdiction under this Part or Part XI,
section 5, the court or tribunal may prescribe any provisional measures
which it considers appropriate under the circumstances to preserve the
respective rights of the parties to the dispute or to prevent serious harm
to the marine environment, pending the final decision.
2. Provisional measures may be modified or revoked as soon as the
circumstances justifying them have changed or ceased to exist.
3. Provisional measures may be prescribed, modified or revoked under
this Article only at the request of a party to the dispute and after the
parties have been given an opportunity to be heard.
4. The court or tribunal shall forthwith give notice to the parties to
the dispute, and to such other States Parties as it considers appropriate,
of the prescription, modification or revocation of provisional measures.
5. Pending the constitution of an arbitral tribunal to which a dispute
is being submitted under this section, any court or tribunal agreed upon
by the parties or, failing such agreement within two weeks from the date
of the request for provisional measures, the International Tribunal for
the Law of the Sea or, with respect to activities in the Area, the Sea-Bed
Disputes Chamber, may prescribe, modify or revoke provisional measures in
accordance with this Article if it considers that prima facie the tribunal
which is to be constituted would have jurisdiction and that the urgency of
the situation so requires. Once constituted, the tribunal to which the
dispute has been submitted may modify, revoke or affirm those provisional
measures, acting in conformity with paragraphs 1 to 4.
6. The parties to the dispute shall comply promptly with any
provisional measures prescribed under this Article.
Article 291
Access
1. All the dispute settlement procedures specified in this Part shall
be open to States Parties.
2. The dispute settlement procedures specified in this Part shall be
open to entities other than States Parties only as specifically provided
for in this Convention.
Article 292
Prompt release of vessels and crews
1. Where the authorities of a State Party have detained a vessel
flying the flag of another State Party and it is alleged that the
detaining State has not complied with the provisions of this Convention
for the prompt release of the vessel or its crew upon the posting of a
reasonable bond or other financial security, the question of release from
detention may be submitted to any court or tribunal agreed upon by the
parties or, failing such agreement within 10 days from the time of
detention, to a court or tribunal accepted by the detaining State under
Article 287 or to the International Tribunal for the Law of the Sea,
unless the parties otherwise agree.
2. The application for release may be made only by or on behalf of the
flag State of the vessel.
3. The court or tribunal shall deal without delay with the application
for release and shall deal only with the question of release, without
prejudice to the merits of any case before the appropriate domestic forum
against the vessel, its owner or its crew. The authorities of the
detaining State remain competent to release the vessel or its crew at any
time.
4. Upon the posting of the bond or other financial security determined
by the court or tribunal, the authorities of the detaining State shall
comply promptly with the decision of the court or tribunal concerning the
release of the vessel or its crew.
Article 293
Applicable law
1. A court or tribunal having jurisdiction under this section shall
apply this Convention and other rules of international law not
incompatible with this Convention.
2. Paragraph 1 does not prejudice the power of the court or tribunal
having jurisdiction under this section to decide a case ex aequo et bono,
if the parties so agree.
Article 294
Preliminary proceedings
1. A court or tribunal provided for in Article 287 to which an
application is made in respect of a dispute referred to in Article 297
shall determine at the request of a party, or may determine proprio motu,
whether the claim constitutes an abuse of legal process or whether prima
facie it is well founded. If the court or tribunal determines that the
claim constitutes an abuse of legal process or is prima facie unfounded,
it shall take no further action in the case.
2. Upon receipt of the application, the court or tribunal shall
immediately notify the other party or parties of the application, and
shall fix a reasonable time-limit within which they may request it to make
a determination in accordance with paragraph 1.
3. Nothing in this Article affects the right of any party to a dispute
to make preliminary objections in accordance with the applicable rules of
procedure.
Article 295
Exhaustion of local remedies
Any dispute between States Parties concerning the interpretation or
application of this Convention may be submitted to the procedures provided
for in this section only after local remedies have been exhausted where
this is required by international law.
Article 296
Finality and binding force of decisions
1. Any decision rendered by a court or tribunal having jurisdiction
under this section shall be final and shall be complied with by all the
parties to the dispute.
2. Any such decision shall have no binding force except between the
parties and in respect of that particular dispute.
SECTION 3. LIMITATIONS AND EXCEPTIONS TO APPLICABILITY OF SECTION 2
Article 297
Limitations on applicability of section 2
1. Disputes concerning the interpretation or application of this
Convention with regard to the exercise by a coastal State of its sovereign
rights or jurisdiction provided for in this Convention shall be subject to
the procedures provided for in section 2 in the following cases:
(a) when it is alleged that a coastal State has acted in
contravention of the provisions of this Convention in regard to the
freedoms and rights of navigation, overflight or the laying of submarine
cables and pipelines, or in regard to other internationally lawful uses of
the sea specified in Article 58;
(b) when it is alleged that a State in exercising the
aforementioned freedoms, rights or uses has acted in contravention of this
Convention or of laws or regulations adopted by the coastal State in
conformity with this Convention and other rules of international law not
incompatible with this Convention; or
(c) when it is alleged that a coastal State has acted in
contravention of specified international rules and standards for the
protection and preservation of the marine environment which are applicable
to the coastal State and which have been established by this Convention or
through a competent international organisation or diplomatic conference in
accordance with this Convention.
2. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to marine scientific research
shall be settled in accordance with section 2, except that the coastal
State shall not be obliged to accept the submission to such settlement of
any dispute arising out of:
(i) the exercise by the coastal State of a right or discretion
in accordance with Article 246; or
(ii) a decision by the coastal State to order suspension or
cessation of a research project in accordance with Article 253.
(b) A dispute arising from an allegation by the researching State
that with respect to a specific project the coastal State is not
exercising its rights under Articles 246 and 253 in a manner compatible
with this Convention shall be submitted, at the request of either party,
to conciliation under Annex V, section 2, provided that the conciliation
commission shall not call in question the exercise by the coastal State of
its discretion to designate specific areas as referred to in Article 246,
paragraph 6, or of its discretion to withhold consent in accordance with
Article 246, paragraph 5.
3. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to fisheries shall be settled in
accordance with section 2, except that the coastal State shall not be
obliged to accept the submission to such settlement of any dispute
relating to its sovereign rights with respect to the living resources in
the exclusive economic zone or their exercise, including its discretionary
powers for determining the allowable catch, its harvesting capacity, the
allocation of surpluses to other States and the terms and conditions
established in its conservation and management laws and regulations.
(b) Where no settlement has been reached by recourse to section 1
of this Part, a dispute shall be submitted to conciliation under Annex V,
section 2, at the request of any party to the dispute, when it is alleged
that:
(i) a coastal State has manifestly failed to comply with its
obligations to ensure through proper conservation and management measures
that the maintenance of the living resources in the exclusive economic
zone is not seriously endangered;
(ii) a coastal State has arbitrarily refused to determine, at
the request of another State, the allowable catch and its capacity to
harvest living resources with respect to stocks which that other State is
interested in fishing; or
(iii) a coastal State has arbitrarily refused to allocate to
any State, under Articles 62, 69 and 70 and under the terms and conditions
established by the coastal State consistent with this Convention, the
whole or part of the surplus it has declared to exist.
(c) In no case shall the conciliation commission substitute its
discretion for that of the coastal State.
(d) The report of the conciliation commission shall be
communicated to the appropriate international organisations.
(e) In negotiating agreements pursuant to Articles 69 and 70,
States Parties, unless they otherwise agree, shall include a clause on
measures which they shall take in order to minimise the possibility of a
disagreement concerning the interpretation or application of the
agreement, and on how they should proceed if a disagreement nevertheless
arises.
Article 298
Optional exceptions to applicability of section 2
1. When signing, ratifying or acceding to this Convention or at any
time thereafter, a State may, without prejudice to the obligations arising
under section 1, declare in writing that it does not accept any one or
more of the procedures provided for in section 2 with respect to one or
more of the following categories of disputes:
(a) (i) disputes concerning the interpretation or application of
Articles 15, 74 and 83 relating to sea boundary delimitation's, or those
involving historic bays or titles, provided that a State having made such
a declaration shall, when such a dispute arises subsequent to the entry
into force of this Convention and where no agreement within a reasonable
period of time is reached in negotiations between the parties, at the
request of time is reached in negotiations between the parties, at the
request of any party to the dispute, accept submission of the matter to
conciliation under Annex V, section 2; and provided further that any
dispute that necessarily involves the concurrent consideration of any
unsettled dispute concerning sovereignty or other rights over continental
or insular land territory shall be excluded from such submission;
(ii) after the conciliation commission has presented its
report, which shall state the reasons on which it is based, the parties
shall negotiate an agreement on the basis of that report; if these
negotiations do not result in an agreement, the parties shall, by mutual
consent, submit the question to one of the procedures provided for in
section 2, unless the parties otherwise agree;
(iii) this subparagraph does not apply to any sea boundary
dispute finally settled by an arrangement between the parties, or to any
such dispute which is to be settled in accordance with a bilateral or
multilateral agreement binding upon those parties;
(b) disputes concerning military activities, including military
activities by government vessels and aircraft engaged in non-commercial
service, and disputes concerning law enforcement activities in regard to
the exercise of sovereign rights or jurisdiction excluded from the
jurisdiction of a court or tribunal under Article 297, paragraph 2 or 3;
(c) disputes in respect of which the Security Council of the
United Nations is exercising the functions assigned to it by the Charter
of the United Nations, unless the Security Council decides to remove the
matter from its agenda or calls upon the parties to settle it by the means
provided for in this Convention.
2. A State Party which has made a declaration under paragraph 1 may at
any time withdraw it, or agree to submit a dispute excluded by such
declaration to any procedure specified in this Convention.
3. A State Party which has made a declaration under paragraph 1 shall
not be entitled to submit any dispute falling within the excepted category
of disputes to any procedure in this Convention as against another State
Party, without the consent of that party.
4. If one of the States Parties has made a declaration under paragraph
1 (a), any other State Party may submit any dispute falling within an
excepted category against the declarant party to the procedure specified
in such declaration.
5. A new declaration, or the withdrawal of a declaration, does not in
any way affect proceedings pending before a court or tribunal in
accordance with this Article, unless the parties otherwise agree.
6. Declarations and notices of withdrawal of declarations under this
Article shall be deposited with the Secretary-General of the United
Nations, who shall transmit copies thereof to the States Parties.
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