Law 7291 — United Nations Convention on the Law of the SeaLey 7291 — Convención de las Naciones Unidas sobre el Derecho del Mar

The States Parties to this Convention, Prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all peoples of the world, Noting that developments since the United Nations Conferences on the Law of the Sea held at Geneva in 1958 and 1960 have accentuated the need for a new and generally acceptable Convention on the law of the sea, Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole, Recognizing the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the study, protection and preservation of the marine environment and the conservation of their living resources, Bearing in mind that the achievement of these goals will contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked, Desiring by this Convention to develop the principles embodied in resolution 2749 (XXV) of 17 December 1970 in which the General Assembly of the United Nations solemnly declared inter alia that the area of the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its resources, are the common heritage of mankind, the exploration and exploitation of which shall be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States, Convinced that the progressive development and codification of the law of the sea achieved in this Convention will contribute to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, in accordance with the Purposes and Principles of the United Nations as set forth in the Charter, Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law, Have agreed as follows:

PART I INTRODUCTION

Use of terms and scope

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

(2) This Convention applies mutatis mutandis to the entities referred to in article 305, paragraph l(b), (c), (d), (e) and (f), which become Parties to this Convention in accordance with the conditions relevant to each, and to that extent "States Parties" refers to those entities.

PART II TERRITORIAL SEA AND CONTIGUOUS ZONE

Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil

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

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

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

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

Straight baselines

Internal waters

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

Bays

An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indentation.

Where, because of the presence of islands, an indentation has more than one mouth, the semi-circle shall be drawn on a line as long as the sum total of the lengths of the lines across the different mouths. Islands within an indentation shall be included as if they were part of the water area of the indentation.

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

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

Low-tide elevations

Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea.

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

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

Charts and lists of geographical coordinates

Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted.

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

Meaning of passage

(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) proceeding to or from internal waters or a call at such roadstead or port facility.

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

Meaning of innocent passage

Such passage shall take place in conformity with this Convention and with other rules of international law.

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

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

Laws and regulations of the coastal State relating to innocent passage

(a) the safety of navigation and the regulation of maritime traffic; (b) the protection of navigational aids and facilities and other facilities or installations; (c) the protection of cables and pipelines; (d) the conservation of the living resources of the sea; (e) the prevention of infringement of the fisheries laws and regulations of the coastal State; (f) the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof; (g) marine scientific research and hydrographic surveys; (h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the coastal State.

Sea lanes and traffic separation schemes in the territorial sea

(a) the recommendations of the competent international organization; (b) any channels customarily used for international navigation; (c) the special characteristics of particular ships and channels; and (d) the density of traffic.

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

Duties of the coastal State

In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not:

(a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or (b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.

Rights of protection of the coastal State

Such suspension shall take effect only after having been duly published.

Charges which may be levied upon foreign ships

These charges shall be levied without discrimination.

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

Criminal jurisdiction on board a foreign ship

(a) if the consequences of the crime extend to the coastal State; (b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea; (c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or (d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

In cases of emergency this notification may be communicated while the measures are being taken.

Civil jurisdiction in relation to foreign ships

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

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

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

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

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

Contiguous zone

(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; (b) punish infringement of the above laws and regulations committed within its territory or territorial sea.

PART III STRAITS USED FOR INTERNATIONAL NAVIGATION

Legal status of waters forming straits used for international navigation

Scope of this Part Nothing in this Part shall affect:

• a)Any areas of internal waters within a strait, except where the drawing of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which previously had not been considered as such; b) The legal status of the exclusive economic zone or the high seas of the waters beyond the territorial sea of the States bordering a strait; or c) The legal regime of straits in which passage is regulated in whole or in part by long-standing international conventions in force specifically relating to such straits.

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

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

Right of transit passage

However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State.

Duties of ships and aircraft during transit passage

• a)Proceed without delay through or over the strait; b) Refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of States bordering the strait, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; c) Refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or by distress; d) Comply with other relevant provisions of this Part.

• a)Generally accepted international regulations, procedures and practices for safety at sea, including the International Regulations for Preventing Collisions at Sea; b) Generally accepted international regulations, procedures and practices for the prevention, reduction and control of pollution from ships.

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

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

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

The organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the States bordering the straits, after which the States may designate, prescribe or substitute them.

Laws and regulations of States bordering straits relating to transit passage

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

Navigational and safety aids and other improvements, and the prevention, reduction and control of pollution User States and States bordering a strait should cooperate by agreement:

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

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

Innocent passage

• a)Excluded from the application of the regime of transit passage under article 38, paragraph 1; or b) Between a part of the high seas or an exclusive economic zone and the territorial sea of another State.

PART IV ARCHIPELAGIC STATES

Use of terms For the purposes of this Convention:

• a)"Archipelagic State" means a State constituted wholly by one or more archipelagos and may include other islands; b) "Archipelago" means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.

Archipelagic baselines

Such charts may be replaced by lists of geographical coordinates of points, specifying the geodetic datum.

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

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

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

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

An archipelagic State shall permit the maintenance and replacement of such cables upon receiving due notice of their location and the intention to repair or replace them.

Right of innocent passage

Such suspension shall take effect only after having been duly published.

Right of archipelagic sea lanes passage

Ships and aircraft in archipelagic sea lanes passage shall not deviate more than 25 nautical miles to either side of such axis lines during passage, provided that such ships and aircraft shall not navigate closer to the coasts than 10 per cent of the distance between the nearest points on islands bordering the sea lane.

The organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the archipelagic State, after which the archipelagic State may designate, prescribe or substitute them.

Duties of ships and aircraft during their passage, research and survey activities, duties of the archipelagic State and laws and regulations of the archipelagic State relating to archipelagic sea lanes passage Articles 39, 40, 42 and 44 apply, mutatis mutandis, to archipelagic sea lanes passage.

PART V EXCLUSIVE ECONOMIC ZONE

Specific legal regime of the exclusive economic zone The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.

Rights, jurisdiction and duties of the coastal State in the exclusive economic zone 1. In the exclusive economic zone, the coastal State has:

• a)Sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; b) Jurisdiction, in accordance with the relevant provisions of this Convention, with regard to:
• i)The establishment and use of artificial islands, installations and structures; ii) Marine scientific research; iii) The protection and preservation of the marine environment; c) Other rights and duties provided for in this Convention.

Article 57 Breadth of the exclusive economic zone The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Rights and duties of other States in the exclusive economic zone

Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction in the exclusive economic zone In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole.

Artificial islands, installations and structures in the exclusive economic zone 1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:

• a)Artificial islands; b) Installations and structures for the purposes provided for in article 56 and other economic purposes; c) Installations and structures which may interfere with the exercise of the rights of the coastal State in the zone.

Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.

Such zones shall be reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around them, measured from each point of their outer edge, except as authorized by generally accepted international standards or as recommended by the competent international organization. Due notice shall be given of the extent of safety zones.

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.

Conservation of the living resources

The coastal State and competent international organizations, whether subregional, regional or global, shall cooperate, as appropriate, to this end.

available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks, through competent international organizations, whether subregional, regional or global, as appropriate, and with the participation of all interested States, including those whose nationals are authorized to fish in the exclusive economic zone.

Utilization of living resources

Where the coastal State does not have the capacity to harvest the entire allowable catch, it shall give other States access to the surplus of the allowable catch, through agreements or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in paragraph 4, taking particular account of articles 69 and 70, especially in relation to the developing States mentioned therein.

in the zone or have made substantial efforts in research and identification of stocks.

These laws and regulations shall be consistent with this Convention and may relate, inter alia, to the following:

• a)The licensing of fishermen, fishing vessels and equipment, including the payment of fees and other forms of remuneration, which, in the case of developing coastal States, may consist of adequate compensation in the field of financing, equipment and technology of the fishing industry; b) Determining the species which may be caught, and fixing quotas of catch, whether in relation to particular stocks or groups of stocks, to catch per vessel over a certain period, or to catch by nationals of any State during a specified period; c) Regulating seasons and areas of fishing, the type, size and amount of gear, and the types, size and number of fishing vessels that may be used; d) Fixing the age and size of fish and other species that may be caught; e) Specifying information required of fishing vessels, including catch and fishing effort statistics and vessel position reports; f) Requiring, under the authorization and control of the coastal State, the conduct of specified fisheries research programmes and regulating the conduct of such research, including the sampling of catches, disposition of samples and reporting of associated scientific data; g) The placing of observers or trainees on board such vessels by the coastal State; h) The landing of all or any part of the catch by such vessels in the ports of the coastal State; i) Terms and conditions relating to joint ventures or other cooperative arrangements; j) Requirements for the training of personnel and the transfer of fisheries technology, including enhancement of the coastal State's capability for undertaking fisheries research; k) Enforcement procedures.

(NOTE: See the law's observations regarding the Interpretative Declaration made by the Government of Costa Rica concerning this article)

Stocks occurring within the exclusive economic zones of two or more coastal States, or both within the exclusive economic zone and in an area beyond and adjacent to it.

Highly migratory species

In regions for which no appropriate international organization exists, the coastal State and other States whose nationals harvest these species in the region shall cooperate to establish such an organization and participate in its work.

(NOTE: See the law's observations regarding the Interpretative Declaration made by the Government of Costa Rica concerning the second paragraph of this article)

Marine mammals Nothing in this Part shall impair the right of a coastal State to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in this Part or, as appropriate, the competence of an international organization to do likewise. States shall cooperate with a view to the conservation of marine mammals and, in the particular case of cetaceans, shall, through the appropriate international organizations, carry out activities aimed at their conservation, management and study.

Anadromous stocks

The State of origin may, after consultation with the other States referred to in paragraphs 3 and 4 fishing these stocks, establish total allowable catches for stocks originating in its rivers.

With regard to such fishing beyond the outer limits of the exclusive economic zone, the States concerned shall hold consultations with a view to reaching agreement on the terms and conditions of such fishing, giving due regard to the conservation requirements of these stocks and the needs of the State of origin in respect of these species; (b) The State of origin shall cooperate in minimizing economic dislocation caused in those other States fishing these stocks, taking into account the normal catch, the mode of operations of those States, and all the areas in which such fishing has been conducted. (c) States referred to in subparagraph (b) which, by agreement with the State of origin, participate in measures to rejuvenate anadromous stocks, particularly through expenditures for that purpose, shall be given special consideration by the State of origin with regard to the harvesting of stocks originating in its rivers.

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

Catadromous species

When conducted in exclusive economic zones, such harvesting shall be subject to this article and the other provisions of this Convention concerning fishing in these zones.

Such agreement shall ensure the rational management of the species and shall take into account the responsibilities of the State mentioned in paragraph 1 for the conservation of those species.

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

Right of land-locked States

• a)The need to avoid effects detrimental to fishing communities or fishing industries of the coastal State; b) The extent to which the land-locked State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States; c) The extent to which other land-locked States and States with special geographical characteristics are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or part of it; d) The nutritional needs of the populations of the respective States.

In implementing this provision, the factors mentioned in paragraph 2 shall also be taken into account.

fished in the zone.

Right of States with special geographical characteristics

• a)The need to avoid effects detrimental to fishing communities or fishing industries of the coastal State; b) The extent to which the State with special geographical characteristics, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States; c) The extent to which other States with special geographical characteristics and land-locked States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or part of it:
• d)The nutritional needs of the populations of the respective States.

to the circumstances and on terms satisfactory to all parties.

In implementing this provision, the factors mentioned in paragraph 3 shall also be taken into account.

Non-applicability of articles 69 and 70 The provisions of articles 69 and 70 shall not apply in the case of a coastal State whose economy is overwhelmingly dependent on the exploitation of the living resources of its exclusive economic zone.

Restrictions on transfer of rights

Enforcement of laws and regulations of the coastal State

Delimitation of the exclusive economic zone between States with opposite or adjacent coasts

Such arrangements shall be without prejudice to the final delimitation.

Charts and lists of geographical coordinates

Where appropriate, outer limit lines or lines of delimitation may be substituted by lists of geographical coordinates of points, each specifically indicating the geodetic datum.

PART VI CONTINENTAL SHELF

Definition of the continental shelf

It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.

• i)A line delineated in accordance with paragraph 7 by reference to the outermost fixed points at each of which the thickness of sedimentary rocks is at least 1 per cent of the shortest distance from such point to the foot of the continental slope; or ii) A line delineated in accordance with paragraph 7 by reference to fixed points not more than 60 nautical miles from the foot of the continental slope.

(b) In the absence of evidence to the contrary, the foot of the continental slope shall be determined as the point of maximum change in the gradient at its base.

This paragraph does not apply to submarine elevations that are natural components of the continental margin, such as its plateaux, rises, caps, banks and spurs.

The Commission shall make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf.

The limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding.

The Secretary-General shall give due publicity thereto.

Rights of the coastal State over the continental shelf

Legal status of the superjacent waters and air space and the rights and freedoms of other States

waters.

Submarine cables and pipelines on the continental shelf

In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced.

Payments and contributions with respect to the exploitation of the continental shelf beyond 200 nautical miles

In the sixth year, the rate of payments or contributions shall be 1 percent of the value or volume of production at the site. The rate shall increase by 1 percent each subsequent year until the twelfth year and shall remain at 7 percent thereafter. Production does not include resources used in connection with exploitation.

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

Such arrangements shall not prejudice the final delimitation.

Where appropriate, the outer limit lines or the delimitation lines may be substituted by lists of geographical coordinates of points, specifically indicating the geodetic datum.

Tunnelling This Part does not prejudice the right of the coastal State to exploit the subsoil by means of tunnelling, irrespective of the depth of the waters at the location in question.

PART VII HIGH SEAS

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

Freedom of the high seas

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

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

Reservation of the high seas for peaceful purposes The high seas shall be reserved for peaceful purposes.

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

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

Nationality of ships

Ships have the nationality of the State whose flag they are entitled to fly. There must be a genuine link between the State and the ship.

Status of ships

A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.

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

Duties of the flag State

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

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

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

Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation.

The flag State and the other State shall cooperate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation.

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

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

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

Duty to render assistance

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

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

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

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

Definition of piracy Piracy consists of any of the following acts:

(a) any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (ii) against a ship or aircraft, persons or property in a place outside the jurisdiction of any State; (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

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

Definition of a pirate ship or aircraft A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control of it to be used for the purpose of committing any of the acts referred to in

Retention or loss of the nationality of a pirate ship or aircraft A ship or aircraft may retain its nationality despite having become a pirate ship or aircraft. The retention or loss of nationality is governed by the internal law of the State that granted it.

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

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

Ships and aircraft authorized to seize on account of piracy A seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft that bear clear marks and are identifiable as being on government service and authorized to that effect.

Illicit traffic in narcotic drugs or psychotropic substances

Unauthorized broadcasting from the high seas

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

Right of visit

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

To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration.

Right of hot pursuit

Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that the ship giving the order to stop to a foreign ship navigating in the territorial sea or the contiguous zone should likewise be within the territorial sea or the contiguous zone at the time the order is received by the ship concerned. If the foreign ship is within the contiguous zone, as defined in Article 33, the pursuit may only be undertaken for violation of the rights for the protection of which that zone was established.

The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship.

(a) the provisions of paragraphs 1 to 4 shall apply, mutatis mutandis; (b) the aircraft giving the order to stop must itself actively pursue the ship until a ship or another aircraft of the coastal State, summoned by the aircraft, arrives to take up the pursuit, unless the aircraft is itself able to arrest the ship. It does not suffice, to justify the arrest of a ship outside the territorial sea, that the aircraft has merely discovered the ship committing a violation or that it has suspicions of a violation, if it has not given the order to stop and has not pursued it itself, or if other aircraft or ships have not continued the pursuit without interruption.

Right to lay submarine cables and pipelines

Breaking or injury of a submarine cable or pipeline Every State shall enact the laws and regulations necessary to make it a punishable offence for a ship flying its flag or a person subject to its jurisdiction to break or injure a submarine cable beneath the high seas wilfully or through culpable negligence, in such a manner as to be liable to interrupt or obstruct telegraphic or telephonic communications, and likewise to break or injure a submarine pipeline or high-voltage power cable under the same conditions. This provision shall also apply to acts calculated or likely to result in such breaking or injury. However, this provision shall not apply to any break or injury caused by persons who have merely had the legitimate object of saving their lives or their ships, after having taken all necessary precautions to avoid such break or injury.

Breaking or injury of a submarine cable or pipeline caused by the owners of other cables or pipelines Every State shall enact the laws and regulations necessary to provide that persons subject to its jurisdiction who own cables or pipelines on the high seas and who, in laying or repairing the cables or pipelines, cause a break in or injury to another cable or pipeline shall bear the cost of the repairs.

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

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

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

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

Conservation of the living resources of the high seas

(a) take measures which are designed, on the best scientific evidence available to the States concerned, to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global; (b) They shall take into account the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened.

Marine mammals

PART VIII REGIME OF ISLANDS

Regime of islands

PART IX ENCLOSED OR SEMI-ENCLOSED SEAS

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

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

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

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

Use of terms

(a) "land-locked State" means a State which has no sea-coast; (b) "transit State" means a State, with or without a sea-coast, situated between a land-locked State and the sea, through whose territory traffic in transit passes; (c) "traffic in transit" means transit of persons, baggage, goods and means of transport across the territory of one or more transit States, when the passage across such territory, with or without trans-shipment, warehousing, breaking bulk or change in the mode of transport, is only a portion of a complete journey which begins or terminates within the territory of the land-locked State; (d) "means of transport" means:

(i) railway rolling stock, sea, lake and river craft and road vehicles; (ii) where local conditions so require, porters and pack animals.

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

To this end, land-locked States shall enjoy freedom of transit through the territory of transit States by all means of transport.

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

Customs duties, taxes and other charges

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

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

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

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

Grant of greater transit facilities This Convention in no way entails the withdrawal of transit facilities which are greater than those provided for in this Convention and which have been agreed between States Parties to this Convention or granted by a State Party. This Convention also does not preclude such grant of greater facilities in the future.

PART XI THE AREA

Use of terms For the purposes of this Part:

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

Scope of this Part

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

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

Legal status of the Area and its resources

No such claim or exercise of sovereignty or sovereign rights nor such appropriation shall be recognized.

These resources are not subject to alienation. The minerals recovered from the Area, however, may only be alienated in accordance with this Part and the rules, regulations and procedures of the Authority.

Otherwise, no such claim, acquisition or exercise of such rights shall be recognized.

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

Responsibility to ensure compliance and liability for damage

The same responsibility applies to international organizations for activities in the Area carried out by such organizations.

A State Party shall not however be liable for damage caused by any failure to comply with this Part by a person whom it has sponsored under article 153, paragraph 2(b), if the State Party has taken all necessary and appropriate measures to secure effective compliance under article 153, paragraph 4, and Annex III, article 4, paragraph 4.

Benefit of mankind

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

Rights and legitimate interests of coastal States

In cases where activities in the Area may result in the exploitation of resources lying within national jurisdiction, the prior consent of the coastal State concerned shall be required.

Marine scientific research

The Authority shall promote and encourage the conduct of marine scientific research in the Area, and shall coordinate and disseminate the results of such research and analysis when available.

States Parties shall promote international cooperation in marine scientific research in the Area by:

(a) participating in international programmes and encouraging cooperation in marine scientific research by personnel of different countries and of the Authority; (b) ensuring that programmes are developed through the Authority or other international organizations as appropriate for the benefit of developing States and technologically less developed States with a view to:

(i) strengthening their research capabilities; (ii) training their personnel and the personnel of the Authority in the techniques and applications of research; (iii) fostering the employment of their qualified personnel in research in the Area; (c) effectively disseminating the results of research and analysis when available, through the Authority or other international channels when appropriate.

Transfer of technology

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

cooperate in promoting the transfer of technology and scientific knowledge relating to activities in the Area so that the Enterprise and all States Parties may benefit therefrom. In particular they shall initiate and promote:

(a) programmes for the transfer of technology to the Enterprise and to developing States with regard to activities in the Area, including, inter alia, facilitating the access of the Enterprise and of developing States to the relevant technology, under fair and reasonable terms and conditions; (b) measures directed towards the advancement of the technology of the Enterprise and the domestic technology of developing States, particularly by providing opportunities to personnel from the Enterprise and from developing States for training in marine science and technology and for their full participation in activities in the Area.

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

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

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

Accommodation of activities in the Area and in the marine environment

(a) such installations shall be erected, emplaced and removed solely in accordance with this Part and subject to the rules, regulations and procedures of the Authority. Due notice must be given of the erection, emplacement and removal of such installations, and permanent means for giving warning of their presence must be maintained; (b) such installations may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation or in areas of intense fishing activity; (c) safety zones shall be established around such installations with appropriate markings to ensure the safety of both navigation and the installations. The configuration and location of such safety zones shall not be such as to form a belt impeding the lawful access of shipping to particular maritime zones or navigation along international sea lanes; (d) such installations shall be used exclusively for peaceful purposes; (e) such installations do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.

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

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

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

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

Production policies

All States Parties shall cooperate to this end.

(b) The Authority shall have the right to participate in any commodity conference dealing with those commodities and in which all interested parties including both producers and consumers participate. The Authority shall have the right to become a party to any arrangement or agreement resulting from such conferences. Participation of the Authority in any organs established under those arrangements or agreements shall be in respect of production in the Area and in accordance with the relevant rules of those organs.

(c) The Authority shall carry out its obligations under the arrangements or agreements referred to in this paragraph in a manner which assures a uniform and non-discriminatory implementation in respect of all production in the Area of the minerals concerned. In doing so, the Authority shall act in a manner consistent with the terms of existing contracts and approved plans of work of the Enterprise.

Such production authorization may not be applied for or issued more than five years prior to the planned commencement of commercial production under the plan of work, unless the Authority prescribes another period in its rules, regulations and procedures, having regard to the nature and timing of the projects.

(b) In the application for a production authorization, the operator shall specify the annual quantity of nickel expected to be recovered under the approved plan of work. The application shall include a schedule of expenditures to be made by the operator after he has received the authorization which are reasonably calculated to allow him to begin commercial production on the date planned.

(c) For the purposes of subparagraphs (a) and (b), the Authority shall establish appropriate performance requirements in accordance with Annex III,

(d) The Authority shall issue a production authorization for the level of production applied for unless the sum of that level and the levels already authorized exceeds the nickel production ceiling, as calculated pursuant to paragraph 4 in the year of issuance of the authorization, during any year of planned production falling within the interim period.

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

(f) If the operator's application for a production authorization is denied pursuant to subparagraph (d), the operator may apply again to the Authority at any time.

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

(i) the difference between the trend line values for nickel consumption, as calculated pursuant to subparagraph (b), for the year immediately prior to the year of the earliest commercial production and the year immediately prior to the commencement of the interim period; and (ii) sixty per cent of the difference between the trend line values for nickel consumption, as calculated pursuant to subparagraph (b), for the year for which the production authorization is being applied for and the year immediately prior to the year of the earliest commercial production.

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

Any excess over 8 per cent and up to 20 per cent in any year, or any excess in the year or years following two consecutive years in which excesses occur, shall be negotiated with the Authority, which may require the operator to obtain a supplementary production authorization for such additional production. (b) Applications for supplementary production authorizations shall be considered by the Authority only after all pending applications by operators who have not yet received production authorizations have been acted upon and due account has been taken of other likely applicants. The Authority shall be guided by the principle of not exceeding the total production authorized under the maximum permissible production ceiling in any year of the interim period, and it shall not authorize the production under any work plan (plan de trabajo) of a quantity in excess of 46,500 metric tonnes of nickel per year.

The Authority shall establish, in accordance with Article 17 of Annex III, rules, regulations and procedures to implement this paragraph.

In the settlement of disputes arising under this provision, States Parties which are parties to such multilateral trade agreements may have recourse to the dispute settlement procedures provided therein.

Upon request, the Assembly shall initiate studies on the problems of those States which are likely to be most seriously affected, with a view to minimizing their difficulties and assisting them in their economic adjustment.

Exercise of powers and functions by the Authority

System of exploration and exploitation

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

In the case of activities in the Area carried out as authorized by the Authority by the entities or persons specified in subparagraph (b) of paragraph 2, the work plan shall, in accordance with Article 3 of Annex III, be in the form of a contract. Such contracts may provide for joint arrangements (arreglos conjuntos) in accordance with Article 11 of Annex III.

States Parties shall assist the Authority by taking all measures necessary to ensure such compliance in accordance with

The Authority shall have the right to inspect all installations in the Area used in connection with activities in the Area.

Accordingly, the contract shall not be revised, suspended or terminated except in accordance with Articles 18 and 19 of Annex III.

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

Review Conference

The Review Conference (Conferencia de Revisión) shall examine in detail, in the light of the experience acquired during that period:

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

It shall also ensure the maintenance of the principles laid down in this Part with regard to the exclusion of claims to or exercise of sovereignty over any part of the Area, the rights of States and their general conduct in relation to the Area, and their participation in activities in the Area in conformity with this Convention, the prevention of monopolization of activities in the Area, the use of the Area exclusively for peaceful purposes, economic aspects of activities in the Area, marine scientific research, transfer of technology, protection of the marine environment and of human life, rights of coastal States, the legal regime of the waters superjacent to the Area and of the air space above those waters and the accommodation of activities in the Area and other activities in the marine environment. 3. The decision-making procedure applicable at the Review Conference shall be the same as that applicable at the Third United Nations Conference on the Law of the Sea. The Conference shall make every effort to reach agreement on any amendments by consensus and there should be no voting on such matters until all efforts at achieving consensus have been exhausted.

Such amendments shall enter into force for all States Parties 12 months after the deposit of instruments of ratification or accession by three fourths of the States Parties.

Establishment of the Authority

Nature and fundamental principles of the Authority

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

Organs of the Authority

In exercising such powers and functions each organ shall refrain from taking any action which may derogate from or impede the exercise of specific powers and functions conferred upon another organ.

SUBSECTION B. THE ASSEMBLY

Composition, procedure and voting

Each member shall have one representative in the Assembly, who may be accompanied by alternates and advisers.

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

When the issue arises as to whether a question is one of substance or not, that question shall be treated as one of substance unless otherwise decided by the Assembly by the majority required for decisions on questions of substance.

This rule may be applied only once to the same question, and shall not be applied so as to defer the question beyond the end of the session.

If the advisory opinion is not received before the final week of the session in which it is requested, the Assembly shall decide when it will meet to vote upon the deferred proposal.

Powers and functions

The Assembly shall have the power to establish, in accordance with this Convention, the general policies of the Authority on any question or matter within the competence of the Authority.

(a) Elect the members of the Council in accordance with Article 161; (b) Elect the Secretary-General from among the candidates proposed by the Council; (c) Elect, on the recommendation of the Council, the members of the Governing Board (Junta Directiva) and the Director-General (Director General) of the Enterprise; (d) Establish such subsidiary organs as it finds necessary for the exercise of its functions, in accordance with this Part. In the composition of these subsidiary organs due account shall be taken of the principle of equitable geographical distribution and of special interests and the need for members qualified and competent in the relevant technical matters dealt with by such organs; (e) Assess the contributions of members to the administrative budget of the Authority in accordance with an agreed scale of assessment, based upon the scale used for the regular budget of the United Nations, until the Authority shall have sufficient income from other sources to meet its administrative expenses; (f) (i) Consider and approve, upon the recommendation of the Council, the rules, regulations and procedures on the equitable sharing of financial and other economic benefits derived from activities in the Area and the payments and contributions made pursuant to Article 82, taking into particular consideration the interests and needs of developing States and peoples who have not attained full independence or other self-governing status.

If the Assembly does not approve the recommendations of the Council, the Assembly shall return them to the Council for reconsideration in the light of the views expressed by the Assembly; (ii) Consider and approve the rules, regulations and procedures of the Authority, and any amendments thereto, provisionally adopted by the Council pursuant to Article 162, paragraph 2(o)(ii). These rules, regulations and procedures shall relate to prospecting, exploration and exploitation in the Area, the financial management and internal administration of the Authority and, upon the recommendation of the Governing Board of the Enterprise, to the transfer of funds from the Enterprise to the Authority; (g) Decide on the equitable sharing of financial and other economic benefits derived from activities in the Area, consistent with this Convention and the rules, regulations and procedures of the Authority; (h) Consider and approve the proposed annual budget of the Authority submitted by the Council; (i) Examine periodic reports from the Council and from the Enterprise and special reports requested from the Council or any other organ of the Authority; (j) Initiate studies and make recommendations for the purpose of promoting international cooperation concerning activities in the Area and encouraging the progressive development of international law relating thereto and its codification; (k) Consider problems of a general nature in connection with activities in the Area arising in particular for developing States, as well as those problems for States in connection with activities in the Area that are due to their geographic location, particularly for landlocked and geographically disadvantaged States; (l) Establish, upon the recommendation of the Council, on the advice of the Economic Planning Commission, a system of compensation or other measures of assistance for economic adjustment as provided in Article 151, paragraph 10; (m) Suspend the exercise of rights and privileges of membership pursuant to Article 185; (n) Discuss any question or matter within the competence of the Authority and decide as to which organ of the Authority shall deal with any such question or matter not specifically entrusted to a particular organ, consistent with the distribution of powers and functions among the organs of the Authority.

SUBSECTION C. THE COUNCIL

Composition, procedure and voting 1. The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:

(a) Four members from among those States Parties which, during the last five years for which statistics are available, have either consumed more than 2 per cent of total world consumption or have had net imports of more than 2 per cent of total world imports of the commodities produced from the categories of minerals to be derived from the Area, and in any case one State from the Eastern European (Socialist) region, as well as the largest consumer; (b) Four members from among the eight States Parties which have made the largest investments in preparation for and in the conduct of activities in the Area, either directly or through their nationals, including at least one State from the Eastern European (Socialist) region; (c) Four members from among States Parties which, on the basis of production in areas under their jurisdiction, are major net exporters of the categories of minerals to be derived from the Area, including at least two developing States whose exports of such minerals have a substantial bearing upon their economies; (d) Six members from among developing States Parties, representing special interests.

The special interests to be represented shall include those of States with large populations, States which are landlocked or geographically disadvantaged, States which are major importers of the categories of minerals to be derived from the Area, States which are potential producers of such minerals, and least developed States; (e) Eighteen members elected according to the principle of ensuring an equitable geographical distribution of seats in the Council as a whole, provided that each geographical region shall have at least one member elected under this subparagraph. For this purpose, the geographical regions shall be Africa, Latin America, Asia, Western Europe and Others, and Eastern Europe (Socialist).

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

Each member of the Council shall be elected for four years. At the first election, however, the term of one half of the members of each group referred to in paragraph 1 shall be two years.

(b) Decisions on questions of substance arising under Article 162, paragraph 2(f), (g), (h), (i), (n), (p) and (v), and Article 191 shall be taken by a two-thirds majority of the members present and voting, provided that such majority includes a majority of the members of the Council. (c) Decisions on questions of substance arising under the following provisions shall be taken by a three-fourths majority of the members present and voting, provided that such majority includes a majority of the members of the Council: Article 162, paragraph 1; Article 162, paragraph 2(a), (b), (c), (d), (e), (l), (q), (r), (s) and (t); Article 162, paragraph 2(u) in cases of non-compliance by a contractor or a sponsor; Article 162, paragraph 2(w), provided that orders issued thereunder may be binding for not more than 30 days unless confirmed by a decision taken in accordance with subparagraph (d); Article 162, paragraph 2(x), (y) and (z); Article 163, paragraph 2; Article 174, paragraph 3; Annex IV,

(e) For the purposes of subparagraphs (d), (f) and (g), "consensus" means the absence of any formal objection. Within 14 days of the submission of a proposal to the Council, the President shall determine whether there would be a formal objection to the adoption of the proposal. If the President determines that there would be such an objection, the President shall establish and convene, within three days following such determination, a conciliation committee (comité de conciliación) consisting of not more than nine members of the Council and chaired by the President, for the purpose of reconciling the differences and producing a proposal which can be adopted by consensus. The committee shall work expeditiously and report to the Council within 14 days following its establishment. If the committee is unable to recommend a proposal which can be adopted by consensus, it shall set out in its report the grounds on which it is opposed to the proposal.

(f) Decisions on questions not listed above which the Council is authorized to take by the rules, regulations and procedures of the Authority or otherwise shall be taken pursuant to the subparagraphs of this paragraph specified in the rules, regulations and procedures of the Authority or, if not specified therein, then pursuant to the subparagraph determined by the Council if possible in advance, by consensus. (g) When the issue arises as to whether a question is within subparagraph (a), (b), (c) or (d), the question shall be treated as being within the subparagraph requiring the higher or highest majority or consensus, as the case may be, unless otherwise decided by the Council by the said majority or by consensus.

Such a representative shall be entitled to participate in the deliberations but not to vote.

Powers and functions

(b) Propose to the Assembly a list of candidates for the post of Secretary-General; (c) Recommend to the Assembly candidates for the election of the members of the Board of Directors and of the Director-General of the Enterprise; (d) Establish, as appropriate and with due regard to economy and efficiency, such subsidiary bodies as are necessary for the exercise of its functions in accordance with this Part. In the composition of subsidiary bodies, emphasis shall be placed on the need for members qualified and competent in the technical matters addressed by those bodies, with due account being taken of the principle of equitable geographical distribution and special interests; (e) Adopt its rules of procedure, including the method of selecting its President; (f) Conclude, on behalf of the Authority and within the scope of its competence, agreements with the United Nations or other international organizations, subject to approval by the Assembly; (g) Examine the reports of the Enterprise and transmit them to the Assembly with its recommendations; (h) Present to the Assembly annual reports and such special reports as the Assembly may request; (i) Issue directives to the Enterprise in accordance with article 170; (j) Approve plans of work in accordance with article 6 of Anexo III.

Its decision on each plan of work shall be taken within 60 days following the submission of the plan by the Legal and Technical Commission at a session of the Council, in accordance with the following procedures:

• i)When the Commission recommends approval of a plan of work, the plan shall be deemed to have been approved by the Council if no member of the Council submits to the President, within 14 days, a written objection specifically alleging non-compliance with the requirements of article 6 of Anexo III. If there is an objection, the conciliation procedure set forth in paragraph 8(e) of article 161 shall apply. If, upon conclusion of that procedure, the objection to approval of the plan of work is maintained, the plan of work shall be deemed to have been approved unless the Council rejects it by consensus among its members, excluding the State or States that submitted the application or sponsored the applicant; ii) When the Commission recommends rejection of a plan of work or refrains from making a recommendation, the Council may approve it by a majority of three-fourths of the members present and voting, provided that such majority includes a majority of the members participating in the session; (k) Approve plans of work submitted by the Enterprise in accordance with article 12 of Anexo IV, applying, mutatis mutandis, the procedures set forth in subparagraph (j); (l) Exercise control over activities in the Area, in accordance with article 153, paragraph 4, and the rules, regulations and procedures of the Authority; (m) Adopt, upon the recommendation of the Economic Planning Commission, necessary and appropriate measures for the protection of developing States, in accordance with article 150, subparagraph (h), in respect of the adverse economic effects referred to therein; (n) Make recommendations to the Assembly, based on the advice of the Economic Planning Commission, regarding the system of compensation or other measures of assistance for economic adjustment provided for in article 151, paragraph 10; (o) (i) Recommend to the Assembly rules, regulations and procedures on the equitable sharing of financial and other economic benefits derived from activities in the Area and on the payments and contributions to be made pursuant to article 82, taking particular account of the interests and needs of developing States and of peoples who have not attained full independence or other self-governing status; (ii) Adopt and apply provisionally, pending approval by the Assembly, the rules, regulations and procedures of the Authority, and any amendments thereto, taking into account the recommendations of the Legal and Technical Commission or of another relevant subordinate body.

These rules, regulations and procedures shall relate to prospecting, exploration and exploitation (explotación) in the Area and to the financial management and internal administration of the Authority. Priority shall be given to the adoption of rules, regulations and procedures for the exploration and exploitation (explotación) of polymetallic nodules. Rules, regulations and procedures for the exploration and exploitation (explotación) of resources other than polymetallic nodules shall be adopted within three years from the date on which a member of the Authority requests it to adopt them. The rules, regulations and procedures shall remain in force on a provisional basis until they are approved by the Assembly or amended by the Council in light of the views expressed by the Assembly; (p) Oversee all payments and collections of the Authority relating to activities carried out pursuant to this Part; (q) Make the selection among applicants for production authorizations in accordance with article 7 of Anexo III when such selection is required under that provision; (r) Submit the proposed annual budget of the Authority to the Assembly for its approval; (s) Make recommendations to the Assembly concerning the general policy relating to any questions or matters within the competence of the Authority; (t) Make recommendations to the Assembly concerning the suspension of the exercise of the rights and privileges inherent in membership in accordance with article 185; (u) Institute, on behalf of the Authority, proceedings before the Seabed Disputes Chamber in cases of non-compliance; (v) Notify the Assembly of judgments handed down by the Seabed Disputes Chamber in proceedings instituted under subparagraph (u), and make such recommendations as it deems appropriate concerning the measures to be taken; (w) In cases of urgency, issue orders, which may include the suspension or adjustment of operations, to prevent serious damage to the marine environment arising out of activities in the Area; (x) Exclude from exploitation (explotación) by contractors or the Enterprise certain areas where substantial evidence indicates the risk of causing serious damage to the marine environment; (y) Establish a subsidiary body for the elaboration of draft financial rules, regulations and procedures relating to: (i) Financial management in accordance with articles 171 to 175; and (ii) Financial matters in accordance with article 13 and article 17, paragraph 1(c), of Anexo III; (z) Establish appropriate mechanisms for directing and supervising a staff of inspectors who shall examine activities carried out in the Area to determine whether the provisions of this Part, the rules, regulations and procedures of the Authority and the terms and conditions of any contract entered into with it are being complied with.

Bodies of the Council

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

However, if necessary, the Council may decide to increase the number of members of either commission, with due regard to the requirements of economy and efficiency.

States Parties shall propose candidates of the highest standards of competence and integrity possessing qualifications in relevant fields, so as to ensure the effective functioning of the commissions.

No person may be elected to serve on more than one commission.

Subject to their responsibilities to the commission to which they belong, they shall not disclose, even after the termination of their functions, any industrial secret, any data covered by industrial property rights and transmitted to the Authority in accordance with article 14 of Anexo III, or any other confidential information coming to their knowledge by reason of the performance of their duties.

Recommendations to the Council shall, where necessary, be accompanied by a summary of the differing opinions expressed in the commissions.

Economic Planning Commission

The Council shall seek to include in the composition of the Commission all relevant qualifications. The Commission shall include at least two members from developing States whose exports of the categories of minerals to be extracted from the Area have a substantial bearing upon their economies.

(b) Examine the trends in supply, demand and prices of minerals that may be extracted from the Area, as well as the factors influencing them, taking into account the interests of importing countries and exporting countries, in particular of those that are developing States; (c) Examine any situation likely to result in the adverse effects referred to in article 150, subparagraph (h), that the State Party or States Parties concerned bring to its attention, and make appropriate recommendations to the Council; (d) Propose to the Council for submission to the Assembly, as provided in article 151, paragraph 10, a system of compensation or other measures of assistance for economic adjustment for developing States suffering adverse effects as a consequence of activities in the Area, and make the necessary recommendations to the Council for the application of the system or measures approved by the Assembly in each case.

Legal and Technical Commission

The Council shall seek to include in the composition of the Commission all relevant qualifications.

(a) Make recommendations, at the request of the Council, on the performance of the functions of the Authority; (b) Examine, in accordance with article 153, paragraph 3, the formal written plans of work relating to activities in the Area and make appropriate recommendations to the Council. The Commission shall base its recommendations solely on the provisions of Anexo III and shall report fully to the Council thereon.

(c) Supervise, at the request of the Council, activities in the Area, in consultation and collaboration, as appropriate, with the entities or persons conducting such activities, or with the State or States concerned, and submit a report to the Council; (d) Prepare assessments of the ecological implications of activities in the Area.

(e) Make recommendations to the Council on the protection of the marine environment, taking into account the views of recognized experts; (f) Formulate and submit to the Council the rules, regulations and procedures referred to in article 162, paragraph 2(o), taking into account all relevant factors, including the assessment of the ecological implications of activities in the Area; (g) Keep such rules, regulations and procedures under review and recommend to the Council such amendments thereto as it may deem necessary or desirable from time to time; (h) Make recommendations to the Council concerning the establishment of a monitoring programme to observe, measure, evaluate and analyse periodically, by recognized scientific methods, the risks or effects of activities in the Area on the pollution of the marine environment, ensure that existing regulations are adequate and are complied with, and coordinate the implementation of the monitoring programme once approved by the Council; (i) Recommend to the Council that proceedings be instituted on behalf of the Authority before the Seabed Disputes Chamber, in accordance with this Part and the relevant annexes, with particular regard to article 187; (j) Make recommendations to the Council as to the measures to be taken following a judgment handed down by the Seabed Disputes Chamber in proceedings instituted under subparagraph (i); (k) Make recommendations to the Council to issue, in cases of urgency, orders, which may include the suspension or adjustment of operations, to prevent serious damage to the marine environment arising out of activities in the Area.

Such recommendations shall be examined by the Council on a priority basis; (l) Make recommendations to the Council to exclude from exploitation (explotación) by contractors or the Enterprise certain areas where substantial evidence indicates the risk of causing serious damage to the marine environment; (m) Make recommendations to the Council on the direction and supervision of a staff of inspectors who shall examine activities in the Area to determine whether the provisions of this Part, the rules, regulations and procedures of the Authority and the terms and conditions of any contract entered into with it are being complied with; (n) Calculate the maximum production ceiling and issue production authorizations on behalf of the Authority pursuant to article 151, paragraphs 2 to 7, subject to the necessary selection by the Council, in accordance with article 7 of Anexo III, among applicants.

SUBSECTION D. THE SECRETARIAT

The Secretariat

The staff of the Authority

Subject to this consideration, due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

The terms and conditions of appointment, remuneration and dismissal of the staff shall be in accordance with the rules, regulations and procedures of the Authority.

International character of the Secretariat

They shall refrain from any action which might reflect on their position as international officials responsible only to the Authority. Each State Party undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities. Any violation of responsibilities by an official shall be submitted to an appropriate administrative tribunal as provided for in the rules, regulations and procedures of the Authority.

Subject to their obligations to the Authority, they shall not disclose, even after the termination of their functions, any industrial secret, any data covered by industrial property rights and transmitted to the Authority in accordance with article 14 of Anexo III, or any other confidential information coming to their knowledge by reason of the performance of their duties.

The injured party shall have the right to participate in the proceedings. If the tribunal so recommends, the Secretary-General shall dismiss that official.

Consultation and cooperation with international and non-governmental organizations

Procedures shall be established for enabling those organizations to make known their views in appropriate cases.

SUBSECTION E. THE ENTERPRISE

The Enterprise

The Enterprise shall act in accordance with this Convention and the rules, regulations and procedures of the Authority, as well as the general policies established by the Assembly, and shall be subject to the directives and control of the Council.

SUBSECTION F. FINANCIAL PROVISIONS RELATING TO THE AUTHORITY

Financial resources of the Authority The financial resources of the Authority shall include:

(a) Assessed contributions of members of the Authority determined in accordance with article 160, paragraph 2(e); (b) Income received by the Authority, in accordance with article 13 of Anexo III, from activities in the Area; (c) Funds received from the Enterprise in accordance with article 10 of Anexo IV; (d) Borrowings obtained pursuant to article 174; (e) Voluntary contributions made by members or other entities; and (f) Payments to a compensation fund, in accordance with article 151, paragraph 10, the sources of which are to be recommended by the Economic Planning Commission.

Annual budget of the Authority The Secretary-General shall prepare the proposed annual budget of the Authority and submit it to the Council. The Council shall examine it and submit it, with its recommendations, to the Assembly for approval, as provided in article 160, paragraph 2(h).

With the exception of the contributions referred to in article 171, subparagraph (a), the funds remaining after meeting those expenses may, inter alia:

(a) Be distributed in accordance with article 140 and

Borrowing power of the Authority

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

SUBSECTION G. LEGAL STATUS, PRIVILEGES AND IMMUNITIES

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

Privileges and immunities The Authority, in order to be able to exercise its functions, shall enjoy in the territory of each State Party the privileges and immunities set forth in this subsection. The privileges and immunities relating to the Enterprise shall be those set forth in article 13 of Anexo IV.

Immunity from jurisdiction and execution The Authority, its property and assets, shall enjoy immunity from jurisdiction and execution, except to the extent that the Authority expressly waives that immunity in a particular case.

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

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

Archives and official communications of the Authority

Privileges and immunities of persons connected with the Authority Representatives of States Parties attending meetings of the Assembly, the Council or organs of the Assembly or the Council, as well as the Secretary-General and the staff of the Authority, shall enjoy in the territory of each State Party:

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

Exemption from taxation and customs duties

The Authority shall not claim exemption from the payment of charges that are no more than the remuneration for services rendered.

Goods imported or purchased under the benefit of an exemption provided for in this article shall not be sold or otherwise disposed of in the territory of the State Party which granted the exemption, except under conditions agreed with it.

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

Suspension of the exercise of the right to vote A State Party which is in arrears in the payment of its contributions to the Authority shall have no vote when the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years.

However, the Assembly may permit such member to vote if it is satisfied that the failure to pay is due to circumstances beyond its control.

Suspension of the exercise of the rights and privileges inherent in membership

Seabed Disputes Chamber of the International Tribunal for the Law of the Sea The Seabed Disputes Chamber shall be constituted and shall exercise its jurisdiction in accordance with the provisions of this section, of Part XV and of Annex VI.

Jurisdiction of the Seabed Disputes Chamber The Seabed Disputes Chamber shall have jurisdiction under this Part and the annexes relating thereto in respect of the following categories of disputes concerning activities in the Area:

(a) Disputes between States Parties concerning the interpretation or application of this Part and the annexes relating thereto.

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

Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Seabed Disputes Chamber or to binding commercial arbitration 1. Disputes between States Parties referred to in article 187, subparagraph (a), may be submitted:

(a) At the request of the parties to the dispute, to a special chamber of the International Tribunal for the Law of the Sea, which shall be constituted in accordance with Annex VI, articles 15 and 17; or (b) At the request of any party to the dispute, to an ad hoc chamber of the Seabed Disputes Chamber, which shall be constituted in accordance with Annex VI,

The commercial arbitral tribunal to which the dispute is submitted shall have no jurisdiction to decide any question of interpretation of this Convention. When the dispute also involves a question of the interpretation of Part XI and the annexes relating thereto with respect to activities in the Area, that question shall be referred to the Seabed Disputes Chamber for a ruling thereon.

(b) If, at the commencement of or in the course of such arbitration, the commercial arbitral tribunal determines, at the request of any party to the dispute or proprio motu, that its award depends on a ruling of the Seabed Disputes Chamber, the arbitral tribunal shall refer that question to the Seabed Disputes Chamber for such a ruling. The arbitral tribunal shall then proceed to render its award in conformity with the ruling of the Chamber.

(c) In the absence of a provision in the contract on the arbitration procedure to be applied to the dispute, the arbitration shall be conducted in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed in the rules, regulations and procedures of the Authority, unless the parties to the dispute otherwise agree.

Limitation on jurisdiction with respect to decisions of the Authority The Seabed Disputes Chamber shall have no jurisdiction with respect to the exercise by the Authority of its discretionary powers in accordance with this Part; in no case shall it substitute its own discretion for that of the Authority. Without prejudice to article 191, in exercising its jurisdiction pursuant to article 187, the Chamber shall not pronounce itself on the question of whether any rules, regulations or procedures of the Authority are in conformity with the provisions of this Convention, nor shall it declare invalid any such rules, regulations or procedures. Its jurisdiction shall be confined to deciding whether the application of any rules, regulations or procedures of the Authority in individual cases would be in conflict with the contractual obligations of the parties to the dispute or with obligations under this Convention, and to claims concerning excess of jurisdiction or misuse of power, as well as to claims for damages or other remedies to be granted to the party concerned in the event that the other party has failed to comply with its contractual obligations or its obligations under this Convention.

Participation and appearance of sponsoring States Parties

Failing such appearance, the respondent State may arrange to be represented by a juridical person of its nationality.

Advisory Opinions When requested by the Assembly or the Council, the Seabed Disputes Chamber shall give advisory opinions on legal questions arising within the scope of their activities. Such opinions shall be given as a matter of urgency.

PART XII Protection and Preservation of the Marine Environment

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

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

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

These measures shall include, inter alia, those designed to minimize to the fullest possible extent:

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

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.

Use of technologies or introduction of alien or new species

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

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

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

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

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

Scientific and technical assistance to developing States States shall, directly or through competent international organizations:

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

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

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

Monitoring of the risks or effects of pollution

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

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

Pollution from land-based sources

Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.

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

Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.

Pollution from activities in the Area

Such rules, regulations and procedures shall be re-examined from time to time as necessary.

Such laws and regulations shall be no less effective than the international rules, regulations and procedures referred to in paragraph 1.

Pollution by dumping

Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.

Pollution from vessels

Such rules and standards shall, in the same manner, be re-examined from time to time as necessary.

Such laws and regulations shall at least have the same effect as that of generally accepted international rules and standards established through the competent international organization or a general diplomatic conference.

Whenever such requirements are established in identical form by two or more coastal States in an endeavour to harmonize policy, the communication shall indicate which States are participating in such cooperative arrangements.

Every State shall require the master of a vessel flying its flag or of its registry, when navigating within the territorial sea of a State participating in such cooperative arrangements, to furnish, upon the request of that State, information as to whether it is proceeding to a State of the same region participating in such cooperative arrangements and, if so, to indicate whether the vessel 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.

Such laws and regulations shall, in accordance with Part II, section 3, not hamper the innocent passage of foreign vessels.

Within 12 months after receiving such a communication, the organization shall determine whether the conditions in that area correspond to the requirements set out above. If the organization so determines, the coastal States may, for that area, adopt laws and regulations for the prevention, reduction and control of pollution from vessels implementing such international rules and standards or navigational practices as are made applicable, through the organization, for special areas. Such laws and regulations shall not become applicable to foreign vessels until 15 months after the submission of the communication to the organization.

(b) The coastal States shall publish the limits of any such particular, clearly defined area.

(c) If the coastal States intend to adopt additional laws and regulations for the same area for the prevention, reduction and control of pollution from vessels, they shall, when submitting the aforesaid communication, at the same time notify the organization thereof.

Such additional laws and regulations may relate to discharges or navigational practices but shall not require foreign vessels to observe design, construction, manning or equipment standards other than generally accepted international rules and standards; they shall become applicable to foreign vessels 15 months after the submission of the communication to the organization, provided that the organization agrees within 12 months after the submission of the communication.

Pollution from or through the atmosphere

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

Enforcement with respect to pollution from seabed activities States shall ensure the enforcement of the laws and regulations they have adopted in accordance with article 208 and shall adopt laws and regulations and take other necessary measures to implement applicable international rules and standards established through competent international organizations or a diplomatic conference to prevent, reduce and control pollution of the marine environment arising directly or indirectly from seabed activities subject to their jurisdiction and from artificial islands, installations and structures under their jurisdiction, pursuant to articles 60 and 80.

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.

Enforcement with respect to pollution by dumping

(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 registered in its territory and aircraft registered in its territory; (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.

Enforcement by flag States

Flag States shall provide for the effective enforcement of such rules, standards, laws and regulations wherever the violation occurs.

States shall ensure that vessels flying their flag are periodically inspected to verify that such certificates are in conformity with the actual condition of the vessel. These certificates shall be accepted by other States as evidence of the condition of the vessel and shall be regarded as having the same validity 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.

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 detected.

States shall endeavour to meet appropriate requests of the flag State.

The flag State shall, without delay, institute proceedings in accordance with its domestic law in respect of the alleged violation if it considers that sufficient evidence is available to do so.

Such information shall be available to all States.

Enforcement by port States

It shall likewise, to the extent feasible, comply with requests from the flag State for investigation of such a violation, irrespective of where the violation occurred.

Any proceedings instituted by the port State on the basis of such investigation may, subject to the provisions of section 7, be suspended at the request of the coastal State in whose internal waters, territorial sea or exclusive economic zone the violation occurred. In such situation, the evidence and records of the case, together with any bond or other financial security posted with the authorities of the port State, shall be transmitted to the coastal State.

Such transmittal shall preclude the continuation of proceedings in the port State.

Measures relating to seaworthiness of vessels to avoid pollution Subject to the provisions of section 7, States which, upon request or on their own initiative, have determined 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 the seaworthiness of vessels and thereby threatens damage to the marine environment shall, to the extent feasible, take administrative measures to prevent the vessel from sailing.

Such States may only permit the vessel to proceed to the nearest appropriate repair yard and, upon removal of the causes of the violation, shall permit the vessel to continue immediately its voyage.

Enforcement by coastal States

Measures to avoid pollution arising from maritime casualties

Enforcement with respect to pollution from or through the atmosphere States shall enforce, within the airspace under their sovereignty or with regard to vessels flying their flag or registered in their territory and aircraft registered in their territory, the laws and regulations they have adopted in accordance with article 212, paragraph 1, and with other provisions of this Convention; they shall also adopt laws and regulations and take other measures to give effect to applicable international rules and standards, established through competent international organizations or a 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.

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

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

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.

Investigation of foreign vessels

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 granted without delay upon the completion of certain reasonable formalities, such as the posting of a bond 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 be refused, or made conditional upon proceeding to the nearest appropriate repair yard, where the vessel would present an excessive threat of damage to the marine environment. Where release has been refused or made conditional, the flag State shall be promptly informed, and may seek the release of the vessel in accordance with Part XV.

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.

Suspension and restrictions on institution of proceedings

The flag State shall make available to the State that instituted the first proceedings a complete record of the case and the records of the proceedings, in cases where the flag State has requested the suspension of proceedings in accordance with this article. When the proceedings instituted by the flag State have been brought to a conclusion, the suspended proceedings shall be terminated. Upon payment of costs incurred in the proceedings, the coastal State shall lift any bond or other financial security posted in connection with the suspended proceedings.

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

Monetary penalties and the observance of recognized rights of the accused

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 against foreign vessels pursuant to section 6 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 the course of 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.

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.

Safeguards with respect to straits used for international navigation Nothing in sections 5, 6 and 7 shall affect the legal regime of straits used for international navigation. However, if a foreign vessel 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.

Ice-covered areas Coastal States have the right to adopt and enforce non-discriminatory laws and regulations to prevent, reduce and control 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.

Responsibility and liability

They shall be liable in accordance with international law.

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.

PRESERVATION OF THE MARINE ENVIRONMENT

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

PART XIII MARINE SCIENTIFIC RESEARCH

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

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

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) Such research shall be conducted with appropriate scientific methods and means compatible with this Convention; c) Such 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) Such 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.

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.

Promotion of international cooperation

Creation of favourable conditions States and competent international organizations shall cooperate, through the conclusion of bilateral and multilateral agreements, in creating favourable conditions for the conduct of marine scientific research in the marine environment and in integrating the efforts of scientists to study the nature and interrelations of phenomena and processes occurring in the marine environment.

Publication and dissemination of information and knowledge

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

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

To this end, coastal States shall establish rules and procedures ensuring that such consent will not be delayed or denied unreasonably.

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

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.

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

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

• a)the nature and objectives of the project; b) the method and means to be used, including name, tonnage, type and class of vessels and a description of scientific equipment; c) the precise geographical areas in which the project is to be conducted; d) the expected date of first arrival and final departure of the research vessels, or deployment and removal of the equipment, 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.

Duty to comply with certain 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 on 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, if it so requests, 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, if it so requests, 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) provide the coastal State, if it so requests, 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.

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

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

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

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

Suspension or cessation of marine scientific research activities

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

Rights of neighbouring land-locked or geographically disadvantaged States

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 and subject to the provisions of their laws and regulations, to facilitate access to their harbours and promote assistance to marine scientific research vessels which comply with the relevant provisions of this Part.

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

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

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.

Legal status The installations or equipment referred to in this section do not possess the legal 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.

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.

Non-interference with international navigation routes The deployment and use of any type of scientific research installations or equipment shall not constitute an obstacle to the established international navigation routes.

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

Responsibility and liability

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.

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

PART XIV DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY

Promotion of the development and transfer of marine technology

Protection of legitimate interests In promoting cooperation pursuant to Article 266, States shall have due regard for all legitimate interests including, inter alia, the rights and duties of holders, suppliers and recipients of marine technology.

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

• a)the acquisition, evaluation and dissemination of marine technological knowledge and facilitate access to such data and information; 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 least developed among them; e) international cooperation at all levels, particularly at the regional, subregional and bilateral levels.

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

• a)establish programmes of technical cooperation for the effective transfer of all kinds of marine technology to States which may need and request technical assistance in this field, particularly the developing land-locked and geographically disadvantaged States, as well as other developing States which have not been able either to establish or develop their own technological capacity in marine science and in the exploration and exploitation of marine resources or to develop the infrastructure of such technology; b) promote favourable conditions for the conclusion of agreements, contracts and other similar arrangements on 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 cooperation.

Ways and means of international cooperation International cooperation 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 exploitation.

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

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

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

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, and in particular to 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, particularly 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.

Establishment of national centres

Establishment of regional centers

Functions of regional centers The functions of regional centers shall include, inter alia:

(a) Training and teaching programs, at all levels, on various aspects of marine scientific and technological research, especially marine biology, including the conservation and management of living resources, oceanography, hydrography, engineering, geological exploration of the seabed, mining, and desalination technology; (b) Management studies; (c) Study programs related to the protection and preservation of the marine environment and the prevention, reduction, and control of pollution; (d) Organization of regional conferences, seminars, and symposia; (e) Acquisition and processing of marine scientific and technological data and information; (f) Rapid dissemination of the results of marine scientific and technological research in readily accessible publications; (g) Dissemination of national policies on the transfer of marine technology and systematic comparative study of those policies; (h) Compilation and systematization of information on the marketing of technology and on contracts and other arrangements concerning patents; (i) Technical cooperation with other States of the region.

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

PART XV SETTLEMENT OF DISPUTES

Obligation to settle disputes by peaceful means States Parties shall settle their disputes 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 their solution by the means indicated in Article 33, paragraph 1, of the Charter.

Settlement of disputes by peaceful means chosen by the parties Nothing in this Part shall impair the right of any States Parties to agree at any time to settle their disputes concerning the interpretation or application of this Convention by any peaceful means of their own choice.

Procedure applicable when the parties have not resolved the dispute 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 shall apply only where no settlement has been reached by that means and the agreement between the parties does not exclude the possibility of applying another procedure.

Obligations resulting from 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 in some other manner, that such dispute shall be submitted, at the request of any party to it, to a procedure entailing a binding decision, that procedure shall apply in lieu of those provided for in this Part, unless the parties to the dispute agree otherwise.

Obligation to exchange views

Conciliation

Application of this section to disputes submitted pursuant to Part XI The provisions of this section shall apply to any dispute which, pursuant to Part XI, section 5, is to be settled in accordance with the procedures provided for in this Part. If an entity other than a State Party is a party to such a dispute, this section shall apply mutatis mutandis.

Application of the procedures provided for in 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.

Choice of procedure

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

Jurisdiction

Provisional measures

Once constituted, the tribunal to which the dispute is submitted may, acting in accordance with paragraphs 1 to 4, modify, revoke, or confirm those provisional measures.

Access

Prompt release of vessels and their crews

The authorities of the detaining State shall remain competent to release the vessel or its crew at any time.

Applicable law

Preliminary proceedings

If the court or tribunal determines that the claim brought constitutes an abuse of legal process or is prima facie unfounded, it shall take no further action.

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, in accordance with international law.

Finality and binding force of decisions

Limitations on the applicability of section 2

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

(b) Disputes arising when the researching State alleges that, in respect of a specific project, the coastal State is not exercising the rights accruing to it under Articles 246 and 253 in a manner compatible with the provisions of this Convention shall be submitted, at the request of either party, to the conciliation procedure provided for in Annex V, section 2, provided that the conciliation commission shall not call into question the exercise by the coastal State of its discretionary power to designate the specific areas referred to in Article 246, paragraph 6, or of its discretion to withhold consent pursuant to paragraph 5 of that article.

(b) Where no settlement has been reached through the application of the provisions of section 1, the dispute shall be submitted to the conciliation procedure provided for in 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 in its obligation to ensure, through appropriate 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 in which that other State is interested in fishing; (iii) A coastal State has arbitrarily refused to allocate to a State, under Articles 62, 69, and 70 and under the terms and conditions established by the coastal State compatible with this Convention, the whole or part of the surplus whose existence it has declared.

(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 competent international organizations.

(e) In negotiating an agreement pursuant to Articles 69 and 70, States Parties, unless they otherwise agree, shall include a clause on the measures they shall take to minimize the possibility of a disagreement concerning the interpretation or application of the agreement and on the procedure they shall follow if a disagreement nevertheless arises.

Optional exceptions to the applicability of section 2 1. When signing or ratifying this Convention or acceding to it, or at any time thereafter, States may, without prejudice to the obligations arising from section 1, declare in writing that they do not accept 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 maritime boundary delimitations, or those involving historic bays or titles, provided that a State having made such a declaration shall, when such a dispute arises after the entry into force of this Convention and no agreement is reached within a reasonable period in negotiations between the parties, accept, at the request of any party to the dispute, the submission of the matter to the conciliation procedure provided for in Annex V, section 2; further, any dispute that necessarily involves the concurrent examination of an unsettled dispute concerning sovereignty or other rights over a continental or insular 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, unless they agree otherwise, submit the question, by mutual consent, to the procedures provided for in section 2; (iii) The provisions of this subparagraph shall not apply to any maritime boundary dispute finally settled by agreement between the parties, nor to any such dispute which is to be settled in accordance with a bilateral or multilateral agreement binding upon the 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 respect of the exercise of sovereign rights or jurisdiction excluded from the competence 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.

Right of the parties to agree on a procedure

PART XVI GENERAL PROVISIONS

Good faith and abuse of rights States Parties shall fulfill in good faith the obligations assumed under this Convention and shall exercise the rights, jurisdiction, and freedoms recognized in it in a manner that does not constitute an abuse of right.

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

Disclosure of information Without prejudice to the right of States Parties to resort to the dispute settlement procedures established in this Convention, nothing in it shall be interpreted as requiring a State Party, in the fulfillment of its obligations under the Convention, to supply information the disclosure of which is contrary to the essential interests of its security.

Archaeological and historical objects found at sea

Liability for damage The provisions of this Convention regarding liability for damage shall be without prejudice to the application of existing rules and the development of new rules on liability under international law.

PART XVII FINAL PROVISIONS

Signature

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

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

Accession This Convention shall remain open for accession by States and the other entities referred to in

The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Entry into force

If the provisions of article 161 cannot be strictly applied, the first Council shall be constituted in a manner consistent with the purpose of that article.

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

Declarations and statements

Relation to other conventions and international agreements

Amendment

The Secretary-General shall circulate such communication to all States Parties. If, within 12 months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Secretary-General shall convene the conference.

The conference should make every effort to reach agreement on any amendments by way of consensus and there should be no voting on them until all efforts at consensus have been exhausted.

Amendment by simplified procedure

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

The Secretary-General shall immediately notify all States Parties accordingly.

The Secretary-General shall notify all States Parties that the proposed amendment has been adopted.

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

The Secretary-General shall circulate such communication to all States Parties. The proposed amendment shall be subject to approval by the Assembly following its approval by the Council. Representatives of States Parties in those organs shall have full powers to consider and approve the proposed amendment. The proposed amendment as approved by the Council and the Assembly shall be considered adopted.

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

Entry into force of amendments

Such amendments shall not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention.

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

Denunciation

Failure to indicate reasons shall not affect the validity of the denunciation. The denunciation shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

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

Depositary

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

(i) reports referred to in paragraph 2(a); (ii) notifications referred to in paragraph 2(b) and (c); and (iii) texts of amendments referred to in paragraph 2(d), for their information.

(b) The Secretary-General shall also invite those observers to participate as observers at meetings of States Parties referred to in paragraph 2(e).

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

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

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

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

At least three months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties, inviting the submission of nominations, after appropriate regional consultations, within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated and shall submit it to all the States Parties.

At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Commission shall be those nominees who obtain a two-thirds majority of the votes of the representatives of States Parties present and voting. Not less than three members shall be elected from each geographical region.

They shall be eligible for re-election.

The coastal State concerned shall defray the expenses incurred in respect of the advice referred to in article 3, paragraph 1(b), of this Annex. The secretariat of the Commission shall be provided by the Secretary-General of the United Nations.

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

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

Unless the Commission decides otherwise, the Commission shall function by way of sub-commissions composed of seven members, appointed in a balanced manner taking into account the specific elements of each submission by a coastal State. Nationals of the coastal State making the submission who are members of the Commission and any Commission member who has assisted a coastal State by providing scientific and technical advice with respect to the delineation shall not be a member of the sub-commission dealing with that submission but has the right to participate as a member in the proceedings of the Commission concerning the said submission.

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

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

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

Prospecting

(b) Prospecting shall be conducted only after the Authority has received a satisfactory written undertaking that the proposed prospector will comply with this Convention and the relevant rules, regulations and procedures of the Authority concerning cooperation in the training programmes referred to in articles 143 and 144 and the protection of the marine environment, and will accept verification by the Authority of compliance therewith. The proposed prospector shall, together with the undertaking, notify the Authority of the approximate area or areas in which prospecting is to be conducted.

(c) Prospecting may be conducted simultaneously by more than one prospector in the same area or areas.

A prospector may, however, recover a reasonable quantity of minerals to be used for testing.

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

Qualifications of applicants

The criteria and procedures for implementation of the sponsorship requirements shall be set forth in the rules, regulations and procedures of the Authority.

A sponsoring State shall not, however, be liable for damage caused by any failure of a contractor sponsored by it to comply with its obligations if that State Party has adopted laws and regulations and taken administrative measures which are, within the framework of its legal system, reasonably appropriate for securing compliance by persons under its jurisdiction.

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

Transfer of technology

(a) to make available to the Enterprise on fair and reasonable commercial terms and conditions, whenever the Authority so requests, the technology which he employs in carrying out activities in the Area under the contract, which he is legally entitled to transfer. This shall be done by means of licences or other appropriate arrangements which the contractor shall negotiate with the Enterprise and which shall be set forth in a specific agreement supplementary to the contract. This undertaking may be invoked only if the Enterprise finds that it is unable to obtain the same or equally efficient and useful technology on the open market on fair and reasonable commercial terms and conditions; (b) to obtain a written assurance from the owner of any technology carry out activities in the Area under the contract, which is not generally available on the free market and is not the technology covered by subparagraph (a), a written assurance that, when the Authority so requests, it will make that technology available to the Enterprise to the same extent as it is available to the contractor, by means of licences or other appropriate arrangements and on fair and reasonable commercial terms and conditions.

If such an assurance is not obtained, the contractor shall not use that technology to carry out activities in the Area; (c) Acquire from the owner, by means of an enforceable contract, at the request of the Enterprise and whenever it is possible for the contractor to do so without substantial cost, the legal right to transfer to the Enterprise the technology used by the contractor in carrying out activities in the Area under the contract which the contractor is not legally entitled to transfer and which is not generally available on the free market. In cases where there is a substantial corporate connection between the contractor and the owner of the technology, the closeness of that connection and the degree of control or influence shall be taken into account in determining whether all feasible measures have been taken to acquire such a right. In cases where the contractor exercises effective control over the owner, failure to acquire that right shall be taken into account when examining the contractor's qualifications (criterios de aptitud del contratista) for any subsequent application for approval of a plan of work; (d) Facilitate, at the request of the Enterprise, the acquisition by the Enterprise of the technology referred to in subparagraph (b), by means of licences or other appropriate arrangements and on fair and reasonable commercial terms and conditions, if the Enterprise decides to negotiate directly with the owner of that technology; (e) Take, for the benefit of a developing State or group of developing States which has applied for a contract under article 9 of this Annex, the measures set out in subparagraphs (a), (b), (c) and (d), provided that those measures are limited to the exploitation of the part of the area proposed by the contractor that has been reserved pursuant to article 8 of this Annex and provided that the activities under the contract sought by the developing State or group of developing States do not involve transfer of technology to a third State or the nationals of a third State. The obligation under this provision shall not apply when the contractor has been requested to transfer technology to the Enterprise or has already transferred it.

Disputes as to whether offers made by the contractor are on fair and reasonable commercial terms and conditions may be submitted by either party to binding commercial arbitration in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed in the rules, regulations and procedures of the Authority. If the award determines that the contractor's offer is not on fair and reasonable commercial terms and conditions, the contractor shall be given 45 days to revise its offer to bring it into conformity with such terms and conditions before the Authority takes any decision in accordance with article 18 of this Annex.

That group shall consult and take effective measures to ensure that such technology is made available to the Enterprise on fair and reasonable commercial terms and conditions. Each such State Party shall take, within its own legal system, all feasible measures to achieve that objective.

Approval of plans of work

(a) The applicant has complied with the procedures established for applications under article 4 of this Annex and has given the Authority the undertakings and assurances required by that article. If those procedures have not been observed or if any of those undertakings and assurances is lacking, the applicant shall be given 45 days to remedy the defects; (b) The applicant possesses the qualifications required under article 4 of this Annex.

Such proposals shall comply with and be governed by the relevant provisions of this Convention and the rules, regulations and procedures of the Authority, including the requirements concerning operations, financial contributions and obligations concerning transfer of technology.

When proposed plans of work meet those requirements, the Authority shall approve the plans of work, provided that they are in accordance with the uniform and non-discriminatory requirements set out in the rules, regulations and procedures of the Authority, unless:

(a) Part or all of the area covered by the proposed plan of work is included in an already approved plan of work or in a previously submitted proposed plan of work on which the Authority has not yet taken a final decision; (b) Part or all of the area covered by the proposed plan of work has been excluded by the Authority pursuant to article 162, paragraph 2 (x); or (c) The proposed plan of work has been submitted or sponsored by a State Party which already holds: (i) Plans of work for the either part of the area covered by the proposed plan of work, exceed 30 per cent of a circular area of 400,000 km2 centred on the centre of either part of the area covered by the proposed plan of work; (ii) Plans of work for the exploration and exploitation of polymetallic nodules in non-reserved areas that, taken together, constitute 2 per cent of the total seabed area that is not reserved or excluded from exploitation in compliance with article 162, paragraph 2 (x).

The Authority may approve plans of work covered by paragraph 3 (c) if it determines that such approval would not permit a State Party or entities or persons sponsored by it to monopolize the carrying out of activities in the Area or to prevent other States Parties from carrying them out.

Those procedures and criteria shall ensure that approval of plans of work is on an equitable and non-discriminatory basis.

Selection of applicants for production authorizations

When all such applications can be approved without exceeding the production limitations or contravening the obligations of the Authority under a commodity agreement or arrangement to which it has become a party in accordance with article 151, the Authority shall issue the authorizations sought.

(a) Provide better assurance of performance, taking into account their financial and technical capacity and, if applicable, their performance under any previously approved plan of work; (b) Provide the Authority with the prospect of receiving financial benefits sooner, taking into account the date on which it is anticipated that commercial production will commence; (c) Have already invested the most resources and made the greatest efforts in prospecting or exploration.

Reservation of areas Each application, other than those submitted by the Enterprise or by any other entities or persons for reserved areas, shall cover a total area, which need not be a single continuous area, large enough and of sufficient estimated commercial value to allow two mining operations. The applicant shall indicate the coordinates dividing the area into two parts of equal estimated commercial value and submit all the data obtained with respect to both parts of the area. Without prejudice to the powers of the Authority under article 17, the data to be submitted concerning polymetallic nodules shall relate to mapping, sampling, the abundance of nodules and their metal composition.

Within 45 days of receiving such data, the Authority shall designate the part which is to be reserved solely for the conduct of activities by the Authority through the Enterprise or in association with developing States. This designation may be postponed for a further period of 45 days if the Authority requests an independent expert to determine whether all data required by this article has been submitted. The area designated shall become a reserved area as soon as the plan of work for the non-reserved area is approved and the contract is signed.

Activities in reserved areas

This decision may be taken at any time, unless the Authority receives the notification referred to in paragraph 4 of this article, in which case the Enterprise shall take its decision within a reasonable time. The Enterprise may decide to exploit such areas through joint ventures with the interested State or entity or person.

When it intends to enter into such a joint venture, the Enterprise shall offer States Parties which are developing States and their nationals the opportunity of effective participation.

The plan of work shall be considered if the Enterprise decides, pursuant to paragraph 1 of this article, not to carry out activities in that area.

Preference and priority among certain applicants An operator who has an approved plan of work for have preference and priority over other applicants who have submitted a plan of work for exploitation of the same area and resources. However, such preference or priority may be withdrawn if the operator has not faithfully carried out its plan of work.

Joint arrangements

entered into with the Authority.

Activities carried out by the Enterprise

Financial terms of contracts

(a) To ensure optimum revenues for the Authority from the proceeds of commercial production; (b) To attract investments and technology for the exploration and exploitation of the Area; (c) To ensure equality of financial treatment and comparable financial obligations for all contractors; (d) To provide incentives on a uniform and non-discriminatory basis for contractors to enter into joint arrangements with the Enterprise and developing States or their nationals, to stimulate the transfer of technology to the Enterprise and to developing States and their nationals, and to train the personnel of the Authority and of developing States; (e) To enable the Enterprise to engage in seabed mining effectively at the same time as the entities or persons referred to in article 153, paragraph 2 (b); and (f) To ensure that, as a result of the financial incentives provided to contractors under paragraph 14, of contracts reviewed in accordance with article 19 of this Annex or of the provisions of article 11 of this Annex relating to joint ventures, contractors are not subsidized so as to be given an artificial competitive advantage with respect to land-based producers.

The Council shall review the amount of the fee periodically to ensure that it covers the administrative costs incurred. If the costs incurred by the Authority in processing an application are less than the fixed amount, the Authority shall refund the difference to the applicant.

If the approved date for commencement of commercial production is postponed because of a delay in issuing the production authorization, in accordance with article 151, the annual fixed fee shall be waived for the period of postponement. From the commencement of commercial production, the contractor shall pay either the production charge or the annual fixed fee, whichever is greater.

(a) Payment of a production charge only; or (b) Payment of a combination of a production charge and a share of net proceeds.

(i) Years one to ten of commercial production.......... 5 per cent (ii) Years 11 to the end of commercial production......... 12 per cent (b) The said market value shall be the product of the quantity of processed metals produced from the polymetallic nodules recovered from the area covered by the contract and the average price for those metals during the relevant accounting year, as defined in paragraphs 7 and 8.

(a) The production charge shall be fixed as a percentage of the market value, determined in accordance with subparagraph (b), of the processed metals produced from the polymetallic nodules recovered from the area covered by the contract, according to the following schedule:

(i) First period of commercial production........ 2 per cent (ii) Second period of commercial production....... 4 per cent If, in the second period of commercial production, as defined in subparagraph (d), the return on investment in any accounting year as defined in subparagraph (m) falls below 15 per cent as a result of the payment of the production charge at 4 per cent, the production charge in that accounting year shall be 2 per cent instead of 4 per cent.

(b) The said market value shall be the product of the quantity of processed metals produced from the polymetallic nodules recovered from the area covered by the contract and the average price for those metals during the relevant accounting year, as defined in paragraphs 7 and 8.

(c) (i) The Authority's share of net proceeds shall be taken out of that portion of the contractor's net proceeds which is attributable to the recovery of the resources of the area covered by the contract, referred to hereinafter as attributable net proceeds; (ii) The Authority's share of attributable net proceeds shall be determined according to the following incremental schedule:

SHARE OF THE AUTHORITY Portion of attributable First period of Second period net proceeds commercial production commercial production That portion representing a return 35% 40% on investment greater than 0% but less than 10% That portion representing a return on investment equal to 42.5% 50% or greater than 10% but less than 20% That portion representing a return on investment equal to 50% 70% or greater than 20% (d) (i) The first period of commercial production referred to in subparagraphs (a) and (c) shall commence in the first accounting year of commercial production and shall end in the accounting year in which the contractor's development costs, together with interest on the unrecovered portion thereof, are fully recovered by its cash surplus, as set out below.

In the first accounting year during which development costs are incurred, unrecovered development costs shall equal the development costs less cash surplus in that year.

In each subsequent accounting year, unrecovered development costs shall equal the unrecovered development costs at the end of the preceding accounting year, plus interest thereon at the rate of 10 per cent per annum, plus development costs incurred in the accounting year and less the contractor's cash surplus in that accounting year. The accounting year in which unrecovered development costs first become zero shall be the accounting year in which the contractor's development costs together with interest on the unrecovered portion thereof are fully recovered by its cash surplus. The contractor's cash surplus in any accounting year shall be its gross revenues less its operating costs and less its payments to the Authority under subparagraph (c); (ii) The second period of commercial production shall commence in the accounting year following the end of the first period of commercial production and shall continue until the end of the contract.

(e) "Attributable net proceeds" means the product of the contractor's net proceeds and the ratio of the development costs attributable to the recovery operation to the contractor's total development costs. If the contractor engages in the recovery, transport of polymetallic nodules and production of basically three processed metals, cobalt, copper and nickel, the amount of attributable net proceeds shall be not less than 25 per cent of the contractor's net proceeds. Subject to subparagraph (n), in all other cases, including those where the contractor engages in the recovery, transport of polymetallic nodules and production of basically four processed metals, cobalt, copper, manganese and nickel, the Authority may prescribe, in its rules, regulations and procedures, appropriate minimum percentages which shall bear the same relationship to each case as the 25 per cent minimum does to the three-metal case.

(f) "Contractor's net proceeds" means the contractor's gross revenues less its operating costs and less the recovery of its development costs as set out in subparagraph (j). (g) (i) If the contractor engages in the recovery, transport of polymetallic nodules and production of processed metals, "contractor's gross revenues" means the gross revenues from the sale of the processed metals and any other monies deemed reasonably attributable to operations under the contract, in accordance with the financial rules, regulations and procedures of the Authority. (ii) In all cases other than those specified in subparagraph (g)(i) and (n)(iii), "contractor's gross revenues" means the gross revenues from the sale of the semi-processed metals produced from the polymetallic nodules recovered from the area covered by the contract and any other monies deemed reasonably attributable to operations under the contract, in accordance with the financial rules, regulations and procedures of the Authority. (h) "Contractor's development costs" means:

(i) All expenditures incurred prior to the commencement of commercial production which are directly related to the development of the productive capacity of the area covered by the contract and to activities related thereto in operations under the contract in all cases other than those specified in subparagraph (n), in accordance with generally recognized accounting principles, including, inter alia, costs of machinery, equipment, vessels, processing plant, construction, buildings, land, roads, prospecting and exploration of the area covered by the contract, research and development, interest, leases, licences and fees; and (ii) Expenditures similar to those set out in (i) above, incurred after the commencement of commercial production, which are necessary to carry out the plan of work, except those chargeable to operating costs. (i) The proceeds from the disposal of capital equipment and the market value of capital equipment that is no longer needed for operations under the contract and which is not sold shall be deducted from the contractor's development costs during the relevant accounting year. When these deductions exceed the contractor's development costs, the excess shall be added to the contractor's gross revenues.

(j) The contractor's development costs incurred prior to the commencement of commercial production, referred to in subparagraphs (h)(i) and (n)(iv), shall be recovered in 10 equal annual instalments from the date of commencement of commercial production. The contractor's development costs incurred after the commencement of commercial production, referred to in subparagraphs (h)(ii) and (n)(iv), shall be recovered in 10 or fewer equal annual instalments so as to be fully recovered by the end of the contract.

(k) "Contractor's operating costs" means all expenditures incurred after the commencement of commercial production in the operation of the productive capacity of the area covered by the contract and in activities related thereto in operations under the contract, in accordance with generally recognized accounting principles, including, inter alia, the annual fixed fee or the production charge, whichever is greater, expenditures for wages, salaries, employee benefits, materials, services, transporting, processing and marketing costs, interest, water, electricity, etc., preservation of the marine environment, overhead and administrative costs specifically related to operations under the contract, and any net operating losses carried forward or backward as set out below. Net operating losses may be carried forward for two consecutive years, except in the last two years of the contract, in which case they may be carried backward to the two preceding accounting years.

• l)In the event that the contractor is engaged in the extraction, transport of polymetallic nodules, and the production of processed and semi-processed metals, "investment costs corresponding to extraction" means the portion of the contractor's investment costs directly related to the extraction of resources from the area covered by the contract, in accordance with generally recognized accounting principles and the Authority's financial rules, regulations, and procedures, including, inter alia, the application fee, the fixed annual fee, and, where applicable, the costs of prospecting and exploration of the area covered by the contract and a portion of research and development costs.
• m)"Return on investment" in an accounting year means the ratio between the attributable net income of that year and the investment costs corresponding to extraction. For the calculation of this ratio, the investment costs corresponding to extraction shall include the costs of acquiring new equipment or replacing equipment used in extraction, less the original cost of the replaced equipment.
• n)In the event that the contractor is engaged only in extraction:
• i)"Attributable net income" means the total net income of the contractor; ii) "Net income of the contractor" shall be as defined in subparagraph (f); iii) "Gross income of the contractor" means the gross income derived from the sale of polymetallic nodules and any other income reasonably attributable to operations carried out under the contract in accordance with the Authority's financial rules, regulations, and procedures; iv) "Investment costs of the contractor" means the costs incurred before the commencement of commercial production, as indicated in subparagraph (h)(i), and the costs incurred after the commencement of commercial production, as indicated in subparagraph (h)(ii), which are directly related to the extraction of resources from the area covered by the contract, in accordance with generally recognized accounting principles; v) "Operating costs of the contractor" means the operating costs of the contractor, as indicated in subparagraph (k), which are directly related to the extraction of resources from the area covered by the contract, in accordance with generally recognized accounting principles; vi) "Return on investment" in an accounting year means the ratio between the net income of the contractor in that year and the investment costs of the contractor. For the calculation of this ratio, the investment costs of the contractor shall include the costs of acquiring new equipment or replacing equipment, less the original cost of the replaced equipment.
• o)The costs referred to in subparagraphs (h), (k), (l), and (n), in the portion corresponding to interest paid by the contractor, shall be taken into account only to the extent that, in all circumstances, the Authority, pursuant to Article 4, paragraph 1, of this Annex, considers that the debt-to-equity ratio and the interest rates are reasonable, taking into account existing commercial practice.
• p)The costs mentioned in this paragraph shall not be considered to include the payment of corporate income taxes or similar levies imposed by States on the contractor's operations.

For this purpose, the Authority shall specify in its financial rules, regulations, and procedures the relevant international end-use market. In the case of metals not traded on such markets, "processed metals" means metals in the most basic form in which they are customarily traded in representative arm's-length transactions.

• b)If the Authority has no other means of determining the quantity of processed metals produced from polymetallic nodules recovered from the area covered by the contract, as referred to in paragraphs 5(b) and 6(b), that quantity shall be determined based on the metal content of the nodules, the processing recovery rate, and other relevant factors, in accordance with the Authority's rules, regulations, and procedures and generally recognized accounting principles.

In all other cases, the Authority, in consultation with the contractor, shall determine a fair price for these products in accordance with paragraph 9.

In the absence of such transactions, they shall be determined by the Authority, in consultation with the contractor, as if they had resulted from transactions in the free market or on an arm's-length basis, taking into account relevant transactions in other markets.

• b)In order to ensure compliance with and enforcement of the provisions of this paragraph, the Authority shall be guided by the principles adopted and the interpretations given on arm's-length transactions by the United Nations Commission on Transnational Corporations, the Group of Experts on Tax Treaties between Developed and Developing Countries, and other international organizations, and shall adopt rules, regulations, and procedures establishing uniform and internationally acceptable accounting rules and procedures, as well as the criteria to be used by the contractor for selecting independent qualified accountants acceptable to the Authority for the purpose of auditing in compliance with such rules, regulations, and procedures.