Resolução da Assembleia da República n.º 60-B/97 — Aprova, para ratificação, a Convenção das Nações Unidas sobre o Direito do Mar e o Acordo Relativo à Aplicação da Parte…

4 - The members of the Tribunal shall be elected by secret ballot. Elections shall be held at a meeting of the States Parties convened by the Secretary-General of the United Nations in the case of the first election and by a procedure agreed to by the States Parties in the case of subsequent elections. Two thirds of the States Parties shall constitute a quorum at that meeting. The persons elected to the Tribunal shall be those nominees who obtain the largest number of votes and a two-thirds majority of the States Parties present and voting, provided that such majority includes a majority of the States Parties.

Article 5

Term of office

1 - The members of the Tribunal shall be elected for nine years and may be re-elected; provided, however, that of the members elected at the first election, the terms of seven members shall expire at the end of three years and the terms of seven more members shall expire at the end of six years.

2 - The members of the Tribunal whose terms are to expire at the end of the above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General of the United Nations immediately after the first election.

3 - The members of the Tribunal shall continue to discharge their duties until their places have been filled. Though replaced, they shall finish any proceedings which they may have begun before the date of their replacement.

4 - In the case of the resignation of a member of the Tribunal, the letter of resignation shall be addressed to the President of the Tribunal. The place becomes vacant on the receipt of that letter.

Article 6

Vacancies

1 - Vacancies shall be filled by the same method as that laid down for the first election, subject to the following provision: the Registrar shall, within one month of the occurrence of the vacancy, proceed to issue the invitations provided for in article 4 of this annex, and the date of the election shall be fixed by the President of the Tribunal after consultation with the States Parties.

2 - A member of the Tribunal elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.

Article 7

Incompatible activities

1 - No member of the Tribunal may exercise any political or administrative function, or associate actively with or be financially interested in any of the operations of any enterprise concerned with the exploration for or exploitation of the resources of the sea or the sea-bed or other commercial use of the sea or the sea-bed.

2 - No member of the Tribunal may act as agent, counsel or advocate in any case.

3 - Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.

Article 8

Conditions relating to participation of members in a particular case

1 - No member of the Tribunal may participate in the decision of any case in which he has previously taken part as agent, counsel or advocate for one of the parties, or as a member of a national or international court or tribunal, or in any other capacity.

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

3 - If the President considers that for some special reason one of the members of the Tribunal should not sit in a particular case, he shall give him notice accordingly.

4 - Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.

Article 9

Consequence of ceasing to fulfil required conditions

If, in the unanimous opinion of the other members of the Tribunal, a member has ceased to fulfil the required conditions, the President of the Tribunal shall declare the seat vacant.

Article 10

Privileges and immunities

The members of the Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic privileges and immunities.

Article 11

Solemn declaration by members

Every member of the Tribunal shall, before taking up his duties, make a solemn declaration in open session that he will exercise his powers impartially and conscientiously.

Article 12

President, Vice-President and Registrar

1 - The Tribunal shall elect its President and Vice-President for three years; they may be re-elected.

2 - The Tribunal shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.

3 - The President and the Registrar shall reside at the seat of the Tribunal.

Article 13

Quorum

1 - All available members of the Tribunal shall sit; a quorum of 11 elected members shall be required to constitute the Tribunal.

2 - Subject to article 17 of this annex, the Tribunal shall determine which members are available to constitute the Tribunal for the consideration of a particular dispute, having regard to the effective functioning of the chambers as provided for in articles 14 and 15 of this annex.

3 - All disputes and applications submitted to the Tribunal shall be heard and determined by the Tribunal, unless article 14 of this annex applies, or the parties request that it shall be dealt with in accordance with article 15 of this annex.

Article 14

Sea-Bed Disputes Chamber

A Sea-Bed Disputes Chamber shall be established in accordance with the provisions of section 4 of this annex. Its jurisdiction, powers and functions shall be as provided for in part XI, section 5.

Article 15

Special chambers

1 - The Tribunal may form such chambers, composed of three or more of its elected members, as it considers necessary for dealing with particular categories of disputes.

2 - The Tribunal shall form a chamber for dealing with a particular dispute submitted to it if the parties so request. The composition of such a chamber shall be determined by the Tribunal with the approval of the parties.

3 - With a view to the speedy dispatch of business, the Tribunal shall form annually a chamber composed of five of its elected members which may hear and determine disputes by summary procedure. Two alternative members shall be selected for the purpose of replacing members who are unable to participate in a particular proceeding.

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

5 - A judgment given by any of the chambers provided for in this article and in article 14 of this annex shall be considered as rendered by the Tribunal.

Article 16

Rules of the Tribunal

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

Article 17

Nationality of members

1 - Members of the Tribunal of the nationality of any of the parties to a dispute shall retain their right to participate as members of the Tribunal.

2 - If the Tribunal, when hearing a dispute, includes upon the bench a member of the nationality of one of the parties, any other party may choose a person to participate as a member of the Tribunal.

3 - If the Tribunal, when hearing a dispute, does not include upon the bench a member of the nationality of the parties, each of those parties may choose a person to participate as a member of the Tribunal.

4 - This article applies to the chambers referred to in articles 14 and 15 of this annex. In such cases, the President, in consultation with the parties, shall request specified members of the Tribunal forming the chamber, as many as necessary, to give place to the members of the Tribunal of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the members specially chosen by the parties.

5 - Should there be several parties in the same interest, they shall, for the purpose of the preceding provisions, be considered as one party only. Any doubt on this point shall be settled by the decision of the Tribunal.

6 - Members chosen in accordance with paragraphs 2, 3 and 4 shall fulfil the conditions required by articles 2, 8 and 11 os this annex. They shall participate in the decision on terms of complete equality with their colleagues.

Article 18

Remuneration of members

1 - Each elected member of the Tribunal shall receive an annual allowance and, for each day on which he exercises his functions, a special allowance, provided that in any year the total sum payable to any member as special allowance shall not exceed the amount of the annual allowance.

2 - The President shall receive a special annual allowance.

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

4 - The members chosen under article 17 of this annex, other than elected members of the Tribunal, shall receive compensation for each day on which they exercise their functions.

5 - The salaries, allowances and compensation shall be determined from time to time at meetings of the States Parties, taking into account the work load of the Tribunal. They may not be decreased during the term of office.

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

7 - Regulations adopted at meetings of the States Parties shall determine the conditions under which retirement pensions may be given to members of the Tribunal and to the Registrar, and the conditions under which members of the Tribunal and Registrar shall have their travelling expenses refunded.

8 - The salaries, allowances, and compensation shall be free of all taxation.

Article 19

Expenses of the Tribunal

1 - The expenses of the Tribunal shall be born by the States Parties and by the Authority on such terms and in such a manner as shall be decided at meetings of the States Parties.

2 - When an entity other than a State Party or the Authority is a party to a case submitted to it, the Tribunal shall fix the amount which that party is to contribute towards the expenses of the Tribunal.

SECTION 2

Competence

Article 20

Access to the Tribunal

1 - The Tribunal shall be open to States Parties.

2 - The Tribunal shall be open to entities other than States Parties in any case expressly provided for in part XI or in any case submitted pursuant to any other agreement conferring jurisdiction on the Tribunal which is accepted by all the parties to that case.

Article 21

Jurisdiction

The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with this Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.

Article 22

Reference of disputes subject to other agreements

If all the parties to a treaty or convention already in force and concerning the subject-matter covered by this Convention so agree, any disputes concerning the interpretation or application of such treaty or convention may, in accordance with such agreement, be submitted to the Tribunal.

Article 23

Applicable law

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

SECTION 3

Procedure

Article 24

Institution of proceedings

1 - Disputes are submitted to the tribunal, as the case may be, either by notification of a special agreement or by written application, addressed to the Registrar. In either case, the subject of the dispute and the parties shall be indicated.

2 - The Registrar shall forthwith notify the special agreement or the application to all concerned.

3 - The Registrar shall also notify all States Parties.

Article 25

Provisional measures

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

2 - If the Tribunal is not in session or a sufficient number of members is not available to constitute a quorum, the provisional measures shall be prescribed by the chamber of summary procedure formed under article 15, paragraph 3, of this annex. Notwithstanding article 15, paragraph 4, of this annex, such provisional measures may be adopted at the request of any party to the dispute. They shall be subject to review and revision by the Tribunal.

Article 26

Hearing

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

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

Article 27

Conduct of case

The Tribunal shall make orders for the conduct of the case, decide the form and time in which each party must concluded its arguments, and make all arrangements connected with the taking of evidence.

Article 28

Default

When one of the parties does not appear before the Tribunal or fails to defend its case, the other party may request the Tribunal to continue the proceedings and make its decision. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its decision, the Tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim is well founded in fact and law.

Article 29

Majority for decision

1 - All questions shall be decided by a majority of the members of the Tribunal who are present.

2 - In the event of an equality of votes, the President or the member of the Tribunal who acts in his place shall have a casting vote.

Article 30

Judgment

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

2 - It shall contain the names of the members of the Tribunal who have taken part in the decision.

3 - If the judgment does not represent in whole or in part the unanimous opinion of the members of the Tribunal, any member shall be entitled to deliver a separate opinion.

4 - The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the parties to the dispute.

Article 31

Request to intervene

1 - Should a State Party consider that it has an interest of a legal nature which may be affected by the decision in any dispute, it may submit a request to the Tribunal to be permitted to intervene.

2 - It shall be for the Tribunal to decide upon this request.

3 - If a request to intervene is granted, the decision of the Tribunal in respect of the dispute shall be binding upon the intervening State Party in so far as it relates to matters in respect of which that State Party intervened.

Article 32

Right to intervene in cases of interpretation or application

1 - Whenever the interpretation or application of this Convention is in question, the Registrar shall notify all States Parties forthwith.

2 - Whenever pursuant to article 21 or 22 of this annex the interpretation or application of an international agreement is in question, the Registrar shall notify all the parties to the agreement.

3 - Every party referred to in paragraphs 1 and 2 has the right to intervene in the proceedings; if it uses this right, the interpretation given by the judgment will be equally binding upon it.

Article 33

Finality and binding force of decisions

1 - The decision of the Tribunal is final and shall be complied with by all the parties to the dispute.

2 - The decision shall have no binding force except between the parties in respect of that particular dispute.

3 - In the event of dispute as to the meaning or scope of the decision, the Tribunal shall construe it upon the request of any party.

Article 34

Costs

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

SECTION 4

Sea-Bed Disputes Chamber

Article 35

Composition

1 - The Sea-Bed Disputes Chamber referred to in article 14 of this annex shall be composed of 11 members, selected by a majority of the elected members of the Tribunal from among them.

2 - In the selection of the members of the Chamber, the representation of the principal legal systems of the world and equitable geographical distribution shall be assured. The Assembly of the Authority may adopt recommendations of a general nature relating to such representation and distribution.

3 - The members of the Chamber shall be selected every three years and may be selected for a second term.

4 - The Chamber shall elect its President from among its members, who shall serve for the term for which the Chamber has been selected.

5 - If any proceeding are still pending at the end of any three-year period for which the Chamber has been selected, the Chamber shall complete the proceedings in its original composition.

6 - If a vacancy occurs in the Chamber, the Tribunal shall select a successor from among its elected members, who shall hold office for the remainder of his predecessor's term.

7 - A quorum of seven of the members selected by the Tribunal shall be required to constitute the Chamber.

Article 36

Ad hoc chambers

1 - The Sea-Bed Disputes Chamber shall form an ad hoc chamber, composed of three of its members, for dealing with a particular dispute submitted to it in accordance with article 188, paragraph 1, b). The composition of such a chamber shall be determined by the Sea-Bed Disputes Chamber with the approval of the parties.

2 - If the parties do not agree on the composition of an ad hoc chamber, each party to the dispute shall appoint one member, and the third member shall be appointed by them in agreement. If they disagree, or if any party fails to make an appointment, the President of the Sea-Bed Disputes Chamber shall promptly make the appointment or appointments from among its members, after consultation with the parties.

3 - Members of the ad hoc chamber must not be in the service of, or nationals of, any of the parties to the dipute.

Article 37

Access

The Chamber shall be open to the States Parties, the Authority and the other entities referred to in part XI, section 5.

Article 38

Applicable law

In addition to the provisions of article 293, the Chamber shall apply:

Article 39

Enforcement of decisions of the Chamber

The decisions of the Chamber shall be enforceable in the territories of the States Parties in the same manner as judgments or orders of the highest court of the State Party in whose territory the enforcement is sought.

Article 40

Applicability of other sections of this annex

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

2 - In the exercise of its functions relating to advisory opinions, the Chamber shall be guided by the provisions of this annex relating to procedure before the Tribunal to the extent to which it recognizes them to be applicable.

SECTION 5

Amendments

Article 41

Amendments

1 - Amendment to this annex, other than amendments to section 4, may be adopted only in accordance with article 313 or by consensus at a conference convened in accordance with this Convention.

2 - Amendments to section 4 may be adopted only in accordance with article 314.

3 - The Tribunal may propose such amendments to this State as it may consider necessary, by written communications to the States Parties for their consideration in conformity with paragraphs 1 and 2.

ANNEX VII

Arbitration

Article 1

Institution of proceedings

Subject to the provisions of part XV, any party to a dispute may submit the dispute to the arbitral procedure provided for in this annex by written notification addressed to the other party or parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based.

Article 2

List of arbitrators

1 - A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four arbitrators, each of whom shall be a person experienced in maritime affairs and enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list.

2 - If at any time the arbitrators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make further nominations as necessary.

3 - The name of an arbitrator shall remain on the list until withdrawn by the State Party which made the nomination, provide that such arbitrator shall continue to serve on any arbitral tribunal to which that arbitrator has been appointed until the completion of the proceedings before that arbitral tribunal.

Article 3

Constitution of arbitral tribunal

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

Article 4

Functions of arbitral tribunal

An arbitral tribunal constituted under article 3 of this annex shall function in accordance with this annex and the other provisions of this Convention.

Article 5

Procedure

Unless the parties to the dispute otherwise agree the arbitral tribunal shall determine its own procedure, assuring to each party a full opportunity to be heard and to present its case.

Article 6

Duties of parties to a dispute

The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, in accordance with their law and using all means at their disposal, shall:

Article 7

Expenses

Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares.

Article 8

Required majority for decisions

Decisions of the arbitral tribunal shall be taken by a majority vote of its members. The absence or abstention of less than half of the members shall not constitute a bar to the tribunal reaching a decision. In the event of an equality of votes, the President shall have a casting vote.

Article 9

Default of appearance

If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal do continue the proceedings and to make its award. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law.

Article 10

Award

The award of the arbitral tribunal shall be confined to the subject-matter of the dispute and state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the award. Any member of the tribunal may attach a separate or dissenting opinion to the award.

Article 11

Finality of award

The award shall be final and without appeal, unless the parties to the dispute have agreed in advance to an appellate procedure. It shall be complied with by the parties to the dispute.

Article 12

Interpretation or implementation of award

1 - Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the award may be submitted by either party for decision to the arbitral tribunal which made the award. For this purpose, any vacancy in the tribunal shall be filled in the manner provided for in the original appointments of the members of the tribunal.

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

Article 13

Application to entities other than States Parties

The provisions of this annex shall apply mutatis mutandis to any dispute involving entities other than States Parties.

ANNEX VIII

Special arbitration

Article 1

Institution of proceedings

Subject to part XV, any party to a dispute concerning the interpretation or application of the articles of this Convention relating to 1) fisheries, 2) protection and preservation of the marine environment, 3) marine scientific research, or 4) navigation, including pollution from vessels and by dumping, may submit the dispute to the special arbitral procedure provided for in this annex by written notification addressed to the other party or parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based.

Article 2

Lists of experts

1 - A list of experts shall be established and maintained in respect of each of the fields of 1) fisheries, 2) protection and preservation of the marine environment, 3) marine scientific research, and 4) navigation, including pollution from vessels and by dumping.

2 - The lists of experts shall be drawn up and maintained, in the field of fisheries by the Food and Agriculture Organization of the United Nations, in the field of protection and preservation of the marine environment by the United Nations Environment Programme, in the field of marine scientific research by the Inter-Governmental Oceanographic Commission, in the field of navigation, including pollution from vessels and by dumping, by the International Maritime Organization, or in each case by the appropriate subsidiary body concerned to which such organization, programme or commission has delegated this function.

3 - Every State Party shall be entitled to nominate two experts in each field whose competence in the legal, scientific or technical aspects of such field is established and generally recognized and who enjoy the highest reputation for fairness and integrity. The names of the persons so nominated in each field shall constitute the appropriate list.

4 - If at any time the experts nominated by a State Party in the list so constituted shall be fewer than two, that State Party shall be entitled to make further nominations as necessary.

5 - The name of an expert shall remain on the list until withdrawn by the State Party which make the nomination, provided that such expert shall continue to serve on any special arbitral tribunal to which that expert has been appointed until the completion of the proceedings before that special arbitral tribunal.

Article 3

Constitution of special arbitral tribunal

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

Article 4

General provisions

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

Article 5

Fact finding

1 - The parties to a dispute concerning the interpretation or application of the provisions of this Convention relating to 1) fisheries, 2) protection and preservation of the marine environment, 3) marine scientific research, or 4) navigation, including pollution from vessels and by dumping, may at any time agree to request a special arbitral tribunal constituted in accordance with article 3 of this annex to carry out an inquiry and establish the facts giving rise to the dispute.

2 - Unless the parties otherwise agree, the findings of fact of the special arbitral tribunal acting in accordance with paragraph 1, shall be considered as conclusive as between the parties.

3 - If all the parties to the dispute so request, the special arbitral tribunal may formulate recommendations which, without having the force of a decision, shall only constitute the basis for a review by the parties of the questions giving rise to the dispute.

4 - Subject to paragraph 2 the special arbitral tribunal shall act in accordance with the provisions of this annex, unless the parties otherwise agree.

ANNEX IX

Participation by international organizations

Article 1

Use of terms

For the purposes of article 305 and of this annex, «international organization» means an intergovernmental organization constituted by states to which its member States have transferred competence over matters governed by this Convention, including the competence to enter into treaties in respect of those matters.

Article 2

Signature

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

Article 3

Formal confirmation and accession

1 - An international organization may deposit its instrument of formal confirmation or of accession if a majority of its member States deposit or have deposited their instruments of ratification or accession.

2 - The instruments deposited by the international organization shall contain the undertakings and declarations required by articles 4 and 5 of this annex.

Article 4

Extent of participation and rights and obligations

1 - The instrument of formal confirmation or of accession of an international organization shall contain an undertaking to accept the rights and obligations of States under this Convention in respect of matters relating to which competence has been transferred to it by its member States which are Parties to this Convention.

2 - An international organization shall be a Party to this Convention to the extent that it has competence in accordance with the declarations, communications of information or notifications referred to in article 5 of this annex.

3 - Such an international organization shall exercise the rights and perform the obligations which its member States which are Parties would otherwise have under this Convention, on matters relating to which competence has been transferred to it by those member States. The member States of that international organization shall not exercise competence which they have transferred to it.

4 - Participation of such an international organization shall in no case entail an increase of the representation to which its member States which are States Parties would otherwise be entitled, including rights in decision-making.

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

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

Article 5

Declarations, notifications and communications

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

2 - A member State of an international organization shall, at the time it ratifies or accedes to this Convention or at the time when the organization deposits its instrument of formal confirmation or of accession, whichever is later, make a declaration specifying the matters governed by this Convention in respect of which it has transferred competence to the organization.

3 - States Parties which are member States of an international organization which is a Party to this Convention shall be presumed to have competence over all matters governed by this Convention in respect of which transfers of competence to the organization have not been specifically declared, notified or communicated by those States under this article.

4 - The international organization and its member States which are States Parties shall promptly notify the depositary of this Convention of any changes to the distribution of competence, including new transfers of competence, specified in the declarations under paragraphs 1 and 2.

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

6 - Declarations, notifications and communications of information under this article shall specify the nature and extent of the competence transferred.

Article 6

Responsibility and liability

1 - Parties which have competence under article 5 of this annex shall have responsibility for failure to comply with obligations or for any other violation of this Convention.

2 - Any State Party may request an international organization or its member States which are States Parties for information as to who has responsibility in respect of any specific matter. The organization and the member States concerned shall provide this information. Failure to provide this information within a reasonable time or the provision of contradictory information shall result in joint and several liability.

Article 7

Settlement of disputes

1 - At the time of deposit of its instrument of formal confirmation or of accession, or at any time thereafter, an international organization shall be free to choose, by means of a written declaration, one or more of the means for the settlement of disputes concerning the interpretation or application of this Convention, referred to in article 287, paragraph 1, a), c) or d).

2 - Part XV applies mutatis mutandis to any dispute between Parties to this Convention, one or more of which are international organizations.

3 - When an international organization and one or more of its member States are joint parties to a dispute, or parties in the same interest, the organization shall be deemed to have accepted the same procedures for the settlement of disputes as the member States; when, however, a member State has chosen only the International Court of Justice under article 287, the organization and the member State concerned shall be deemed to have accepted arbitration in accordance with annex VII, unless the parties to the dispute otherwise agree.

Article 8

Applicability of part XVII

Part XVII applies mutatis mutandis to an international organization, except in respect of the following:

b):

ii) The instrument of formal confirmation or of accession of an international organization to an amendment, the entire subject-matter over which the international organization has competence under article 5 of this annex, shall be considered to be the instrument of ratification or accession of each of the member States which are States Parties for the purposes of applying article 316, paragraphs 1, 2 and 3;

iii) The instrument of formal confirmation or of accession of the international organization shall not be taken into account in the application of article 316, paragraphs 1 and 2, with regard to all other amendments:

c):

ii) An international organization shall denounce this Convention when none of its member States is a State Party or if the international organization no longer fulfils the qualifications specified in article 1 of this annex. Such denunciation shall take effect immediately.

AGREEMENT RELATING TO THE IMPLEMENTATION OF PART XI OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982

The States Parties to this Agreement:

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

Reaffirming that the sea-bed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (hereinafter referred to as «the Area»), as well as the resources of the Area, are the common heritage of mankind;

Mindful of the importance of the Convention for the protection and preservation of the marine environment and of the growing concern for the global environment;

Having considered the report of the Secretary-General of the United Nations on the results of the informal consultations among States held from 1990 to 1994 on outstanding issues relating to part XI and related provisions of the Convention (hereinafter referred to as «part XI»);

Noting the political and economic changes, including market-oriented approaches, affecting the implementation of part XI;

Wishing to facilitate universal participation in the Convention;

Considering that an agreement relating to the implementation of part XI would best meet that objective;

have agreed as follows:

Article 1

Implementation of part XI

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

2 - The annex forms an integral part of this Agreement.

Article 2

Relationship between this Agreement and part XI

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

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

Article 3

Signature

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

Article 4

Consent to be bound

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

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

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

4 - Formal confirmation by the entities referred to in article 305, paragraph 1, f), of the Convention shall be in accordance with annex IX of the Convention.

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

Article 5

Simplified procedure

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

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

Article 6

Entry into force

1 - This Agreement shall enter into force 30 days after the date on which 40 States have established their consent to be bound in accordance with articles 4 and 5, provided that such States include at least seven of the States referred to in paragraph 1, a), of Resolution II of the Third United Nations Conference on the Law of the Sea (hereinafter referred to as «Resolution II») and that at least five of those States are developed States. If these conditions for entry into force are fulfilled before 16 November 1994, this Agreement shall enter into force on 16 November 1994.

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

Article 7

Provisional application

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

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

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

Article 8

States Parties

1 - For the purposes of this Agreement, «States Parties» means States which have consented to be bound by this Agreement and for which this Agreement is in force.

2 - This Agreement applies mutatis mutandis to the entities referred to in article 305, paragraph 1, c), d), e) and f), of the Convention which become Parties to this Agreement in accordance with the conditions relevant to each, and to that extent «States Parties» refers to those entities.

Article 9

Depositary

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

Article 10

Authentic texts

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

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

Done at New York, this 28 day of July, one thousand nine hundred and ninety-four.

ANNEX

SECTION 1

Costs to States Parties and institutional arrangements

1 - The International Sea-Bed Authority (hereinafter referred to as «the Authority») is the organization through which States Parties to the Convention shall, in accordance with the regime for the Area established in part XI and this Agreement, organize and control activities in the Area, particularly with a view to administering the resources of the Area. The powers and functions of the Authority shall be those expressly conferred upon it by the Convention. The Authority shall have such incidental powers, consistent with the Convention, as are implicit in, and necessary for, the exercises of those powers and functions with respect to activities in the Area.

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

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

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

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

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

ii) Notwithstanding the provisions of Resolution II, paragraph 8, a), a registered pioneer investor may request approval of a plan of work for exploration within 36 months of the entry into force of the Convention. The plan of work for exploration shall consist of documents, reports and other data submitted to the Preparatory Commission both before and after registration and shall be accompanied by a certificate of compliance, consisting of a factual report describing the status of fulfilment of obligations under the pioneer investor regime, issued by the Preparatory Commission in accordance with Resolution II, paragraph 11, a). Such a plan of work shall be considered to be approved. Such an approved plan of work shall be in the form of a contract concluded between the Authority and the registered pioneer investor in accordance with part XI and this Agreement. The fee of US$ 250,000 paid pursuant to Resolution II, paragraph 7, a), shall be deemed to be the fee relating to the exploration phase pursuant to section 8, paragraph 3, of this annex. Section 3, paragraph 11, of this annex shall be interpreted and applied accordingly;

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

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

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

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

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

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

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

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

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

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

14 - The Authority shall have its own budget. Until the end of the year following the year during which this Agreement enters into force, the administrative expenses of the Authority shall be met through the budget of the United Nations. Thereafter, the administrative expenses of the Authority shall be met by assessed contributions of its members, including any members on a provisional basis, in accordance with articles 171, subparagraph a), and 173 of the Convention and this Agreement, until the Authority has sufficient funds from other sources to meet those expenses. The Authority shall not exercise the power referred to in article 174, paragraph 1, of the Convention to borrow funds to finance its administrative budget.

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

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

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

SECTION 2

The Enterprise

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

These functions shall be:

2 - The Enterprise shall conduct its initial deep seabed mining operations through joint ventures. Upon the approval of a plan of work for exploitation for an entity other than the Enterprise, or upon receipt by the Council of an application for a joint-venture operation with the Enterprise, the Council shall take up the issue of the functioning of the Enterprise independently of the Secretariat of the Authority. If joint-venture operations with the Enterprise accord with sound commercial principles, the Council shall issue a directive pursuant to article 170, paragraph 2, of the Convention providing for such independent functioning.

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

4 - The obligations applicable to contractors shall apply to the Enterprise. Notwithstanding the provisions of article 153, paragraph 3, and annex III, article 3, paragraph 5, of the Convention, a plan of work for the Enterprise upon its approval shall be in the form of a contract concluded between the Authority and the Enterprise.

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

6 - Article 170, paragraph 4, annex IV and other provisions of the Convention relating to the Enterprise shall be interpreted and applied in accordance with this section.

SECTION 3

Decision-making

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

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

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

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

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

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

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

8 - The provisions of article 161, paragraph 8, b) and c), of the Convention shall not apply.

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

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

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

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

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

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

15 - The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:

16 - The provisions of article 161, paragraph 1, of the Convention shall not apply.

SECTION 4

Review Conference

The provisions relating to the Review Conference in article 155, paragraphs 1, 3 and 4, of the Convention shall not apply.

Notwithstanding the provisions of article 314, paragraph 2, of the Convention, the Assembly, on the recommendation of the Council, may undertake at any time a review of the matters referred to in article 155, paragraph 1, of the Convention. Amendments relating to this Agreement and part XI shall be subject to the procedures contained in articles 314, 315 and 316 of the Convention, provided that the principles, regime and other terms referred to in article 155, paragraph 2, of the Convention shall be maintained and the rights referred to in paragraph 5 of that article shall not be affected.

SECTION 5

Transfer of technology

1 - In addition to the provisions of article 144 of the Convention, transfer of technology for the purposes of part XI shall be governed by the following principles:

2 - The provisions of annex III, article 5, of the Convention shall not apply.

SECTION 6

Production policy

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

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

ii) Where one or more of the States Parties concerned are not parties to such agreements, they shall have recourse to the dispute settlement procedures set out in the Convention;

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

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

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

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

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

7 - The provisions of article 151, paragraphs 1 to 7 and 9, article 162, paragraph 2, q), article 165, paragraph 2, n), and annex III, article 6, paragraph 5, and article 7, of the Convention shall not apply.

SECTION 7

Economic assistance

1 - The policy of the Authority of assisting developing countries which suffer serious adverse effects on their export earnings or economies resulting from a reduction in the price of an affected mineral or in the volume of exports of that mineral, to the extent that such reduction is caused by activities in the Area, shall be based on the following principles: